R08-020A
23
24
25
26
27
28
29
II
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
RESOLUTION R08- D~o-A
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
RATIFYING THE AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH, FLORIDA AND THE
SEIU FLORIDA PUBLIC SERVICES UNION, CTW,
CLC - BLUE COLLAR UNIT FOR THE PERIOD OF
OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2009,
AND AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK TO EXECUTE THE
AGREEMENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Boynton Beach and the SEIU Florida Public Services
16
Union, CTW, CTC- Blue Collar Unit have successfully concluded negotiations for a two
17
(2) year contract; and
18
WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union;
19
and
20
WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
21
the best interests of the residents and citizens of the City to ratify the Agreement and
22
execute the same; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section I.
The foregoing "WHEREAS" clauses are true and correct and hereby
atified and confirmed by the City Commission.
Section 2.
The City Commission of the City of Boynton Beach, Florida does
30 ereby ratify the Agreement between the City of Boynton Beach and the SEIU, Florida
31 ublic Services Union, CTW, CLC - Blue Collar Unit for the period of October 1, 2007
:\CA\RESO\Agreement~CBA RatificationsNCFO BC 07 - 09 doc
-1-
II
through September 30, 2009, and authorizing and directing the City Manager and City
2 Clerk to execute the Agreement, a copy of said agreement being attached hereto as Exhibit
3 "A".
4
Section 3.
This Resolution will become effective immediately upon passage.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
PASSED AND ADOPTED this fCf day of February, 2008.
CITY OF BOYNTON BEACH, FLORIDA
c..
l
-~
Commissioner - Ronald Weiland
, /;f;
\
. ?
/ .'\ 6f;t. ^
I~~&tz/~. /, .
Commissioner - Woodrow L. //
~ ~ /
;t. .....Z'.... ....,1 ....... /
' /' ../~. If: /t;/
pV ~.~..
Commissioner - Marlene Ross
,YtJ. p~~
t M. Prainito, CMC
ity Clerk
Corporate Seal)
'\CA\RESO\Agreement~CBA RatificationsNCFO BC 07 - 09 doc
- 2-
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
The City of Boynton Beach, Florida
And
SEIU Florida Public Services Union, CTW, CLC
Blue Collar Bargaining Unit
October 1,2007 to September 30, 2009
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
The City of Boynton Beach, Florida
And
SEIU Florida Public Services Union, CTW, CLC
Blue Collar Bargaining Unit
October 1,2007 to September 30,2009
"
~
T A City of Boynton Beach
~ SEIU Florida Public Services Union
CTW, CLC
ARTICLE PAGE
1.0 PREAMBLE...... ............................................................................................................................................... 3
2.0 RECOGNITION ................ .................................................... ........................................................................... 4
3.0 RIGHTS OF EMPLOyEES.............................................................................................................................. 5
4.0 MANAGEMENT RIGHTS............................................................................................................................... 6
5.0 STRIKES.......................................................................................... ................................................................ 8
6.0 NON DISCRIMINATION ....................... ......................................................................................................... 9
7.0 REPRESENTATION OF THE CITY .............................................................................................................10
8.0 UNION REPRESENTATION ........................................................................................................................ 11
9.0 COLLECTIVE BARGAINING ...................................................................................................................... 13
10.0 UNION TIME POOL...................................................................................................................................... 14
11.0 BULLETIN BOARDS .................................................................................................................................... 15
12.0 PROGRESSIVE DISCIPLINE....................................................................................................................... 16
13.0 GRIEVANCE & ARBITRATION PROCEDURES...................................................................................... .27
14.0 BASIC WORK WEEK AND OVERTIME .................................................................................................... 31
15.0 TASK ASSIGNMENT - SOLID W ASTE...................................................................................................... 33
16.0 WORK BREAKS............................................................................................................................................ 35
17.0 COMPENSATORY TIME ............................................................................................................................. 36
18.0 WAGES......................................................................................................................................................... ..37
19.0 PROMOTIONS, RECLASSIFICATIONS, TRANSFERS & DEMOTIONS................................................. 38
20.0 STANDBY & CALL BACK PAy..................................................................................................................41
21.0 WORKING IN A HIGHER CLASS ...............................................................................................................43
22.0 EMPLOYEES ASSIGNED TO TRAINING DUTIES ................................................................................... 44
23.0 EMERGENCY PAY POLICY ....................................................................................................................... 45
24.0 CERTIFICATION PAy............................................ .................................. .................................................... 46
25.0 SICK LEAVE ................................................................................................................................................. 47
26.0 WORKERS COMPENSATION .....................................................................................................................49
27.0 LIGHT DUTY................................................................................................................................................. 51
28.0 VACATION.................................................................................................................................................... 52
29.0 BONUS DAYS AND BONUS INCREASES................................................................................................. 55
30.0 HOLIDAYS ..................................................................................................................................... ............... 56
31.0 COMPASSIONATE LEAVE ......................................................................................................................... 57
32.0 MILITARY LEAVE .......................................................................................................................................58
33.0 LEAVE OF ABSENCE ..................................................................................................................................59
34.0 UNAUTHORIZED ABSENCE...................................................................................................................... 60
35.0 lUR Y DUTY.................................................................................................................................................. 61
36.0 SENIORITY, LAYOFF & RECALL..............................................................................................................62
37.0 RECRUITMENT AND SELECTION ............................................................................................................ 64
38.0 SAFETY AND HEALTH ............................................................................................................................... 68
39.0 TOOL REPLACEMENT................................................................................................................................ 70
40.0 UNIFORMS.................................................................................................................................................... 71
41.0 INSURANCE.................................................................................................................................................. 73
42.0 PERSONNEL FILES...................................................................................................................................... 74
43.0 TUITION ASSISTANCE PROGRAM ...........................................................................................................75
44.0 GENERAL PROVISIONS.............................................................................................................................. 81
45.0 DUES DEDUCTION...................................................................................................................................... 82
46.0 PENSION....................................................................................................................................................... 84
47.0 SUBSTANCE ABUSE................................................................................................................................... 85
48.0 PROBATIONARY PERIOD .......................................................................................................................... 86
49.0 LONGEVITY BENEFIT................................................................................................................................ 87
50.0 SAVINGS CLAUSE....................................................................................................................................... 88
51.0 MODIFICATION CONDITIONS...................................................................................................................89
52.0 POSTING OF AGREEMENT ........................................................................................................................90
53.0 COLLATERAL DOCUMENTS ..................................................................................................................... 91
54.0 DURATION.................................................................................................................................................... 92
2
ARTICLE 1
1.0 PREAMBLE
1.1 This Agreement is entered into by and between the City of Boynton Beach,
Florida, hereinafter referred to as the "Employer" or "City", and the SEIU Florida
Public Services Union, CTW, CLC, hereinafter referred to as the "Union".
The general purpose of this Agreement is to set forth terms and conditions of
employment and to promote orderly and meaningful labor relations for the mutual
benefit of the City of Boynton Beach in its capacity as an employer, the
employees, and the citizens of Boynton Beach. The parties recognized that the
best interest of the community and the job security of the employees of the City
depend upon the City's success in establishing and maintaining effective, proper
and superior service to the community.
1.2 The Parties agree that nothing in this Agreement shall prohibit the parties from
meeting and discussing any items of mutual interest.
c~
TA Ity of Boynton Beach
3
ARTICLE 2
2.0 RECOGNITION
2.1 The City of Boynton Beach hereby recognIzes the Union as exclusive
representatives for the bargaining unit described below for the purpose of
bargaining collectively with the City relative to wages, hours, and terms and
conditions of employment of the pubic employees within the bargaining unit.
2.2 The bargaining unit is comprised of those positions certified for inclusion by the
Public Employees Relations Commission.
2.3 In the event of a conflict between the current list of positions included in the
bargaining unit and the unit as recognized by the Public Employees Relations
Commission (PERC), the unit recognized by the PERC shall control.
TACi~
4
ARTICLE 3
3.0 RIGHTS OF EMPLOYEES
3.1 The employees in the bargaining unit shall have the right to join or assist the
Union or to refrain from any such activity.
3.2 All provisions of this Agreement shall be applied fairly and equitably to all
employees in the Bargaining Unit.
3.3 Employees may request a Union representative to be present when the employee
is subject to an investigatory interview and the employee has a reasonable belief
that discipline or other adverse consequences may result from what he or she says.
~
T A City of Boynton Beach
5
ARTICLE 4
4.0 MANAGEMENT RIGHTS
4.1 Except and only to the extent that specific provisions of this Agreement expressly
provide otherwise, it is hereby mutually agreed that the City has and will continue
to retain, the right to organize, plan, direct, control, operate and manage its affairs
and those of its employees in whatever manner it deems appropriate in each and
every respect. The parties to this Agreement hereby agree that, in construing this
section, the legal principle that "the expression of one item is the exclusion of
another" shall not apply. Rather, full effect shall be given to the intention of the
parties that management shall retain all constitutional, ordinance, inherent,
common law, or other rights except to the extent specific provisions of this
Agreement expressly provide otherwise. The Union recognizes the prerogatives
of the City to operate and manage its affairs in all respects; and the powers and
authority, which the City has not abridged, delegated or modified by this
Agreement, are retained by the City. The rights reserved to the sole discretion of
the City shall include, but not be limited to, the right:
4.1.1 To determine the purpose and mission of the City and all its employees, to
determine the amount of budget to be adopted, and to exercise control and
discretion over the organization and operation of the City in all respects
including the right to determine whether goods or services are to be made,
provided or purchased and to decide the design and maintenance of the
departments, facilities, supplies and equipment.
4.1.2 To maintain economic stability.
4.1.3 To change or eliminate existing methods of operation, equipment, or
facilities and to adopt and implement technological changes or
improvements including, but not limited to, vehicles, and all other
materials or supplies.
4.1.4 To determine the methods, income and personnel by which such operations
are to be conducted including the right to contract and sub-contract
existing and future work.
4.1.5 To select, hire, test, classify, promote, train, assign, retain, evaluate, lay-
off, schedule, and determine the qualifications of all employees.
4.1.6 To suspend, demote, discharge, reprimand, or take other disciplinary
action against employees for just cause.
4.1.7 To determine the organization of City government.
6
4.1.8 To determine the purpose and extent of each of its constituents,
departments and positions therein.
4.1.9 To set standards for service to be offered to the public, and standards for
the performance of duties of job assignments.
4.1.10 To manage and direct the work of the employees ofthe City, including the
right to assign work and overtime.
4.1.11 To establish, determine, implement and maintain effective internal security
practices.
4.1.12 To determine the number, type and grades of positions or employees
assigned to an organizational unit, department or project.
4.1.13 To determine lunch, rest periods, and clean-up times, the starting and
quitting time, and the number of hours to be worked. Work schedules will
be posted, and will not be altered in the midst of normal pay periods.
4.1.14 To adopt or enforce cost or general improvement programs.
4.1.15 In a civil emergency, to use personnel in any lawful manner.
4.2 If, in the sole discretion of the City, it is determined that civil emergency
conditions exist, including, but not limited to, riots, civil disorders, hurricane
conditions, tornado, national emergencies, or other emergency conditions, the
provisions of this Agreement may be suspended by the City during the time of the
declared emergency.
4.3 The City has the right to impose something that is unilateral in nature, and the
Union has the right to object to that decision. If the City does impose something
on a unilateral basis and the Union after notice fails to object to that decision
within six (6) months, it shall be considered finally imposed.
TAG~~
7
ARTICLE 5
5.0 STRIKES
5.1 The Union, or their member agents or designees, agrees during the life of this
Agreement that they shall have no right to engage in any work stoppage, slow
down, strike or unlawful picketing.
5.2 In the event of a strike, work stoppage or interference with the operation and
accomplishment of the mission of the City Administration, a state or international
representative of the Union shall promptly and publicly disavow such strike or
work stoppage and order the employees to return to work and attempt to bring
about prompt resumption of the normal operations. The Union representatives
shall notify the City twelve (12) hours after commencement of such strike, what
legitimate measures it has taken to comply with the provisions of this Article.
8
ARTICLE 6
6.0 NON DISCRIMINATION
6.1 The Employer and the Union agree that all provisions of the Agreement shall be
applied to all employees covered by it and the Employer and the Union affirms
their joint opposition to any discriminatory practices to the extent prohibited by
law in connection with employment.
6.2 It is agreed that no employee shall be discriminated against, as prescribed by State
or Federal laws, as amended, in their employment because of race, creed, color,
sex, age, national origin , marital status, physical handicap, sexual orientation or
membership or non-membership in the Union.
~
"
9
T A City of Boynton Beach
ARTICLE 7
7.0 REPRESENTATION OF THE CITY
7.1 The City shall be represented in all matters related to this Agreement by the City
Manager and/or a person or persons designated in writing to the Union by the City
Manager.
TACi~Of~~
10
ARTICLE 8
8.0 UNION REPRESENTATION
8.1 The City agrees to recognize the Union's officers and eight (8) City employee
stewards as agents of the Union. The Union shall furnish written notice to the
Department Head of the designated Union officers and stewards within three days
of ratification of this Agreement and when any change in designation is made
thereafter. The City recognizes the right of the Union to designate one (1) chief
steward from among the eight (8) City employee stewards. The authority of a
Union steward to act on behalf of and bind the Union is implied from their
designation as Steward.
8.2 Non-employee officials of the Union shall, with prior written notification to the
City Manager, be admitted to the property of the City for purposes of
administering the Agreement. Union officials as designated above shall only be
able to meet with City employees in non-work areas (i.e., break areas) and during
non-work time. Nothing in this section shall preclude or interfere with the City's
right to control access to City facilities for safety and lor security purposes.
8.3 Union stewards will be granted leave to engage in collective bargaining, subject to
the limitations set forth in Article 9, or to meet with the representatives of the City
for grievance investigation and/or consultation with management representatives
to avoid or resolve grievances.
8.4 Union Stewards may be granted leave and may utilize "union time pool" time to
engage in the following representative activities:
1. When an employee is required to appear at a hearing related to a
grievance and or arbitration.
2. When an employee is responding to disciplinary action or
investigation.
3. When an employee is attending a pre-determination hearing.
4. When additional Stewards or bargaining unit members are
participating in collective bargaining in accordance with Article 9,
Section 9.2.
Members of the bargaining unit may each donate a proportionate share of the
hours necessary to fund the Union time pool. Union time pool time may be
transfi rred from steward to steward. Stewards may be released without payor
th y ay use accrued vacation time, but in either e t, o9Jy at the discretion of
~ 11
mon
the department head ( or designee), whose approval shall not be unreasonably
withheld and when releasing such employee does not adversely effect the on-
going day to day operations in any department. Additional hours may be used,
with pay, when those hours are funded by "Union Time Pool" time. The City may
stop the use of such time off if it interferes with productivity or manpower needs.
However, the exercise of such right on the City's part shall not be arbitrary or
capricious, nor shall it allow the City to proceed in a manner that deprives the
employee of his or her right of representation.
8.5 No employee shall engage in Union business while on duty except as referenced
in Section 3.
8.6 The City Manager will grant the Union stewards combined leave, without pay, for
a total of twenty (20) days per year in order that they may attend conferences,
seminars and similar events or other union activities related to their representative
function provided the leave does not adversely effect the on-going day to day
operations in the any department.
8.7 Stewards shall maintain and provide to the City a Union Business time-out slip
that shall be processed to show their accumulated hours used against the Union
time pool. The form for this purpose shall be attached hereto as Appendix "A" to
this Agreement.
.~
TA City of Boynton Beach
12
ARTICLE 9
9.0 COLLECTIVE BARGAINING
9.1 The membership of the bargaining unit shall be represented in collective
bargaining by the President of the Union or by a person or persons designated in
writing to the City Manager. It is understood that the Union representative or
representatives are the official representatives of the Union for the purpose of
negotiating with the City. Such negotiations entered into with persons other than
those defined herein, regardless of their position or association with the Union,
shall be deemed unauthorized and shall have no weight or authority in committing
or in any way obligating the Union. It shall be the responsibility of the Union to
notify the City Manager in writing of any changes in the designation of any
certified representative of the Union.
9.2 No more than a total of six (6) Stewards may participate in collective bargaining
while on duty, without loss of pay. Additional Stewards or bargaining unit
members may participate in collective bargaining (present at the table) by utilizing
Union Time Pool hours, or while off duty, or when on approved paid leave.
J!l4Z~
T A City of Boynton Beach
13
ARTICLE 10
10.0 UNION TIME POOL
10.1 Bargaining unit members may donate, on an annual basis, from their accrued
vacation leave, sick leave bank (provided the member maintains at least 120 hours
of accrued time), or compensatory time to be banked and subsequently used to
permit designated Union stewards to engage in representative activities or
bargaining activities as specified in Articles 8 and 9. Donations to the Union
Time Pool shall be solicited by the Union during ratification of this Agreement or
any other non-work time. Donations shall be on an annual basis and
deducted/transferred from the employee's appropriate leave bank during the
month of October. All time will be distributed on an hour-to-hour basis. A list of
those employees donating to this time bank shall be maintained by the Union, a
copy of which will be provided to the City Manager and Finance Director.
10.2 Time shall be transferred from the employees appropriate leave bank each year of
the Agreement during the month of October.
10.3 Time Pool hours shall roll over from one year to the next.
10.4 Union representation shall utilize the Union Time-Out slip when using Time Pool
hours.
10.5 Union time pool hours shall only be used for a steward's leave from assigned
regular duties.
10.6 Union time pool hours shall be classified as paid leave from work and shall not
count as time worked for the purpose of calculating overtime.
10.7 The City may delay the use of such time off if it interferes with productivity or
manpower needs. However, the exercise of such right on the City's part shall not
be arbitrary or capricious, nor shall it allow the City to proceed in a manner that
deprives any employee of his or her right of representation. Whenever the City
has scheduled a meeting at which a Union representative is required and that
meeting is cancelled, the City shall reschedule the event at the convenience of
both parties.
~~
T A City of Boynton Beach "
14
ARTICLE 11
11.0 BULLETIN BOARDS
11.1 The Union shall be provided space on bulletin boards at each location so
designated by the City in the areas where unit employees normally are assigned to
work for the use of the Union. These bulletin boards shall be used for posting
Union notices, signed by a Union officer but restricted to the following:
A. Notices of Union recreational and social affairs;
B. Notices of Union elections and results of elections;
C. Notices of Union appointments and other official Union business;
D. Notices of Union meetings.
E. Union newsletter (may be unsigned).
11.2 All other information, including any notices containing any information other than
purpose, date, time and place may be posted on such designated areas and the
Union shall furnish the City Manager's office with a copy. All costs incidental to
preparing and posting of Union materials will be borne by the Union. The Union is
responsible for posting and removing approved material on its bulletin board and
for maintaining such bulletin boards in an orderly condition.
11.3 The Union shall not post endorsements for candidates who are running for office.
.Jd~
T A City of Boynton Beach
15
TA
CT
ARTICLE 12
12.0 PROGRESSIVE DISCIPLINE
12.1 PURPOSE
12.1.1 The City is committed to recruit, train, and retain qualified employees who will
contribute to the City's mission.
12.1.2 The success of the City government in providing quality and efficient public
service directly correlates with appropriate employee conduct and performance.
Employee behavior that is positive and supportive of the goals of effective
municipal management is fully encouraged.
12.1.3 When an employee's conduct or performance is inconsistent with the needs and
goals of the City, disciplinary actions up to and including dismissal can occur.
Progressive discipline is suggested when circumstances support its use. In proper
cases, dismissal may immediately occur.
12.1.4 No employee shall be disciplined or discharged without just cause.
12.2 POLICY
12.2.1 Counseling and written reprimands should be utilized as an element to motivate
employees to choose behavior conducive to an individual's growth, development
and most importantly to insure the successful operation of the City and its
services. However, in certain circumstances punitive discipline actions will be
necessary. There is no "fixed formula" for discipline, management reserves the
right and prerogative to make disciplinary decisions based on repeated
occurrences of varying incidents, past performance or severity of the incident.
12.2.2 Although progressive disciplinary actions are encouraged when circumstances
support such use, the severity of misconduct and the circumstances shall
determine the nature of the discipline.
12.2.3 A number of factors should be considered in determining the appropriate level of
discipline to be taken at each successive step. Such factors may include time
intervals between offenses, effectiveness of prior disciplinary actions,
insubordination, employee willingness to improve, overall work performance and
teamwork.
12.2.4 Certain misconduct is so contrary to the public interest that dismissal shall be the
only appropriate measure.
TACi~Of~-
16
12.2.5 The level of misconduct may differ in individual cases from apparently similar
incidents. The City retains the right to treat each occurrence on an individual
basis without creating a precedent for situations that may arise in the future. This
case-by-case method is designed to take individual circumstances and/or
mitigating factors into account. These provisions are not to be construed as a
limitation upon the rights of the City, but are to be used as a guide.
12.2.6 All prior discipline received by an employee shall be considered when a new
discipline is contemplated, but not all prior discipline shall be given the same
weight. By way of example: The older a discipline, the less its weight. A pattern
of discipline over a short period of time has greater weight than sporadic
discipline spread over an extended period of time.
EXAMPLES OF MISCONDUCT (ALL TYPES)
The following types of infractions, offenses of misconduct, serious misconduct or
extreme misconduct shall represent employee noncompliance with rules, regulations,
policies, practices or procedures of the City or the Department or employee wrongs or
offenses that violate permissible behaviors or are specifically prohibited by law. The
following are examples of violations that shall result in discipline and the progressive
discipline actions that may accompany the violations.
MISCONDUCT
1. Conduct unbecoming of a City employee. Conduct unbecoming a City employee
means: Employee behavior or actions on the part of the employee which hinder or
jeopardize the successful operation of the City, undermine teamwork and/or
cooperation among City employees, or undermine the public confidence in the
City or its employees.
2. Violations or disregard of City Safety Policy & Procedures, including:
a. Careless use of vehicles or equipment
b. Failure to use all safety restraints when riding in or operating a City vehicle
c. Failure to wear and or use prescribed uniforms or equipment
3. Abuse of Personnel Policies, including but not limited to:
a. Abuse of sick leave privileges, sick leave policy or excessive absenteeism
b. Failure to notify the Department and/or Human Resources of current address
and telephone number within ten (10) calendar days of change
c. Failure to report any outside employment
4. Abuse of departmental procedures and work rules including:
a. Failure to provide name and official title to any person requesting same when
performing work related duties
b. Ha itual extension of lunch period or break period
~~---~ -
17
c. Habitually late for work 'Witho'-'t valid r-eason
d. Smoking in prohibited areas
e Unauti10nzed solicitation, postifl..g of materia! or non-productive behavior
This chart outJilles the usual progression options for repeated occurrences of misconduct.
}f serious miscollductor extreme misconduct has occurred previously, there will be faster
progressive actjCII1.
r OFFENSE TYPE llST I 2ND 3RD
I I OCCURRENCE
OCCURRENCE i OCCURRENCE
L Misconduct Written Counseling I Written Reprima."1d I Suspension Without
I i Pay Of DismiS!al
SElUOUS MISCONDUCT
1. Violation or disregard of City Safety Policy & Procedures) including:
a. Continlled misuse of equipment or negligence .resulting in injury to self, others
or clan age to City equipment or property
b. Horseplay potentially bazardous to lire or property
c. Unauthl>rized use or unsafe operation of City property, equipment or vehicles
2. Abuse of Personnel Policies, including:
a. Threatening a co-worker or supervisor
b. Use of abusive language to or about an employee, co.worker, supervisor or the
public
c. msubordination, meanL1g the failure to recognize or accept authority of a
supervisor
3, Abuse of departmental procedures and workruJes, indudini:
a. Sleeping on the job
b. Absent without caUing in to department within thirty mintures bemre the shift
start tirre.
c. Disrupting or hindering depal1mental operations
d. Failure to work required overtime assignments, speciai hours, special shifts or
unavailability during stand-by status
e. Outside em.ployment which conflicts, interferes with or otherwise hampers the
performlOce of the employee in his/her City job
4. L"efficienc? or Incompetence
The inefficiency or incompetence in the perform.anCf; of assigned duties may result
in demotio'l or disciplinary action up to and including tennination. Examples of
po r perfmmanee shall include failure to provide resWDs;ve, courteous~ high
.--1
~ '8
~j 1
T A City
quality customer service or repeated failure to support team goals and contribute
to team success.
Employees who receive an OVERALL "Partially Meets Standards" or "Does Not
Meet Standards" performance evaluation (ratings of 1 or 2) shall be given a
follow-up evaluation within 60 days of the "Does not Meet Standards"~r
"Partially meets Standards" initial evaluation. More than one overall rating of
"Below Standards" may subject the employee to demotion or disciplinary action
up to and including termination. It is the responsibility of every employee to
perform at a minimum level of "Meets Standards" {as outlined in the Incentive
Pay System Policy}.
The following chart outlines the progressive discipline options for three occurrences of
serious misconduct. If misconduct or serious misconduct has occurred previously, there
will be faster progressive discipline.
OFFENSE TYPE 1ST OCCURRENCE 2ND 3RD
OCCURRENCE OCCURRENCE
Serious Written Reprimand or Suspension Without Dismissal
Misconduct Suspension Without Payor Dismissal
Pay
EXTREME MISCONDUCT
1. Violations or disregard of City Safety Policy & Procedures, including:
a. Failure to report an on-the-job injury or accident within 24-hours to the
immediate supervisor
b. Failure to report an employee's on-the-job injury to Risk Management within
24 hours and/or completion of necessary documentation.
c. Fighting on the job or engaging in any intentional act which may inflict bodily
harm on anyone
d. Operating a City vehicle or equipment without a required and valid driver's
license
e. Failure to report the revocation or suspension of a driver's license when
employment involves driving
Abuse of Personnel Policies, including, but not limited to:
a. Possession of a firearm or concealed weapon on City property or while
performing official duties without written permission from the Department
Director (excluding law enforcement officers)
b. Gambling during work hours
c. Refusal to sign a disciplinary form
d. Suspension or revocation of any required job related license or certifications.
.~
T A CIty of Boynton Beach
2.
19
3. Abuse of departmental procedures and work rules, including:
a. Unauthorized personal use of City equipment or funds
b. Conducting personal and/or private business on City time; improper use of
City time for such activity
c. Falsifying attendance records
d. Other department rules as communicated by director or supervisor
4. Illegal, unethical or improper acts, including:
a. Theft or removal of City property without authorization
b. Falsifying employment application or concealing information during pre-
employment screening or processing
c. Soliciting or accepting an unauthorized fee or gift or failure to comply with
Chapter 112, Florida Statute
d. Giving false information or failure or refusal to fully cooperate or provide full
truthful information in City initiated investigations
e. Possession, use or sale of illegal drugs, alcohol or prescription medication that
alters the employee's performance on the job or any confirmed positive drug
test
f. Possession or use of alcohol while on duty; or reporting to work under the
influence of alcohol
g. Refusal to participate, if offered, in a drug/alcohol rehabilitation program
h. Refusal to submit to a City required drug or alcohol test
1. Falsifying or attempting to falsify a City ordered drug test
J. Violating the City's Sexual Harassment policy through interaction with
another employee or a member of the public
k. Conviction of a felony (Including non-work related)
The following chart outlines the progressive discipline options for incidents of extreme
misconduct. If misconduct or serious misconduct has occurred previously, there will be
faster progressive action.
OFFENSE TYPE 1ST 2ND
OCCURRENCE OCCURRENCE
Extreme or Unlawful Suspension Without Dismissal
Misconduct Payor Dismissal
Note: The progressive discipline steps outlined above are guidelines and refer to the
discipline options the City may take. Actual discipline is fact sensitive and may vary
from the guidelines. If such discipline is appealed to arbitration, the arbitrator is not
bound in any manner by such options and is free to independently determine the
appropriate level of discipline, if the employee is found to have committed the offense.
~
TA City of Boynton Beach
20
TA
CT
12.4 PROCEDURE FOR DISCIPLINARY ACTION
12.4.1 When an immediate supervisor becomes aware of conclusive evidence of the need
for an employee to be disciplined, helshe becomes responsible and shall
investigate the circumstances of the misconduct or lack of performance, prior to
deciding upon the type of disciplinary action to be recommended or taken.
Documentation of the discipline investigation or of the conduct shall be required
on the part of the immediate supervisor in order to establish appropriate records.
Human Resources will be available to assist in such investigations. In cases
where investigations of a more substantial nature are required, the following types
of administrative review shall be administered.
12.4.2 Administrative Review - Investigations of non-criminal violations conducted in
the absence of immediate or conclusive evidence involving any City employee,
with the exception of Police Department employees. These investigations shall be
conducted by the Department Director and Human Resources, who shall obtain all
sufficient information, including documentation and/or sworn statements, in order
to determine the necessity or level of disciplinary action. Human Resources shall
assume responsibility for acquiring any necessary sworn statements. Verbal and
written counseling will not be subject to administrative review by Human
Resources. Administrative investigations shall be conducted expeditiously.
12.4.3 Criminal Investigations - Investigations conducted when criminal violations are
reportedly committed by an employee of the City. These investigations shall be
conducted by the Police Department, in collaboration with the Department
Director of the involved employee.
12.4.3.1 In instances where an investigation of serious, unlawful or other extreme
misconduct is necessary, administrative and/or criminal investigations
shall be conducted prior to the effective date of final disciplinary action.
12.4.3.2 The immediate supervisor may initiate a three-day suspension or less
suspension with pay to afford a supervisor the opportunity to investigate
an alleged incident or misconduct in the absence of the employee.
Suspensions of more than three days with pay require the approval of the
Human Resources Director. This practice may also be used in the event
that alleged misconduct is severe but unproved. The immediate
supervisor shall immediately notify the Department Director and Human
Resources after the suspension is issued, so that the matter can be
investigated.
.~
T A City of Boynton Beach
21
TA
CT
12.4.3.3 A recommendation for disciplinary action may result from the findings
of an investigation. If disciplinary measures are not recommended after
the investigation, the suspension with pay period shall not be counted as
disciplinary in nature. A document confirming a favorable
determination as to the matter should be made part of the employee's
record.
VERBAL WARNING or other instructive verbal communication will not constitute
discipline and an employee is not entitled to union representation when management is
taking such action. Verbal warning or other instructive verbal communication may be
used to establish that an employee knew or should have known that performance, work
habits, and behavior is not appropriate.
12.5 TYPES OF DISCIPLINARY ACTION
A. WRITTEN COUNSELING - Consists of the immediate supervisor warning the
employee to correct or improve performance, work habits or behavior. Written
Counseling serves as a warning against further repetition of employee behavior.
Violations will result in discipline up to and including termination.
The immediate supervisor should complete a Written Counseling Memorandum and
discuss the content with the employee with a management witness present. The
employee shall be required to sign the form signifying that helshe has read and
discussed the contents with the supervisor. Such signature does not constitute
Agreement with the contents.
The Written Counseling Memorandum, signed by the immediate Supervisor and the
management witness, shall be forwarded to Human Resources for retention in the
employee's records, with a copy provided to the employee. The supervisor may
request that the employee complete a written action plan to correct the behavior.
Employees may submit comments for inclusion in the record.
B. WRITTEN REPRIMAND - Consists of an immediate supervisor issuing a written
notice of reprimand to improve performance, work habits or behavior, with a
management witness present. A written reprimand should include a complete
description of the incident(s) of misconduct, inappropriate behavior, work habits or
performance which require improvements; previous records of discussion; a time
frame within which the employee must correct or improve hislher behavior; and a
warning that future violations will result in further disciplinary actions up to and
including termination.
Written reprimands shall be signed by the employee to acknowledge receipt and
forwarded to the immediate Supervisor and the management witness and forwarded
to H"i2~ retention in the employe:'S :ecords, with a copy provided~:
T A City of Boynton Beach '
the employee. Such signature does not constitute agreement with the contents.
Employees may submit comments for inclusion in the record.
The employee may be required to complete a written plan for correction of the
behavior. When the written reprimand contains a time frame for employee
improvements, a follow-up discussion at the end of the designated time period
should be conducted. The follow-up discussion will provide a specific opportunity
to review the employee's improvements relative to the discipline. Written
reprimands should be reflected on the employee's performance appraisal along with
any noted improvements.
C. SUSPENSION WITHOUT PAY - Consists of an employee being prohibited from
returning to work until the specified period of suspension has passed or the forfeiture
of vacation time, if agreed to by the employee.
Suspensions without pay shall be used when an employee is removed from the job
due to extreme misconduct or unlawful behavior or when instances of progressive
discipline supports a suspension without pay for a specified period of time. Any time
an employee is suspended for discipline the suspension shall be without pay.
With the written authorization of the Department Director and Human Resources,
immediate supervisors have the authority to issue a suspension without pay for two
(2) working days or less. All other suspensions without pay require prior concurrence
by Human Resources, review by the City Attorney's Office and authorization by the
City Manager's Office.
Employees being suspended without pay shall be notified in writing by the immediate
supervisor. The written notification shall consist of the reason for the action and the
duration of the suspension without pay. It shall also include a statement that future
violations will result in further disciplinary actions up to and including termination.
Employees may submit comments for inclusion in the record. Written notification of
a suspension shall be signed by the suspended employee acknowledging receipt of the
written notification, and forwarded to Human Resources for inclusion in the
employee's record, with a copy provided to the employee, the Department Director,
and one to the Finance Department for payroll purposes.
D. DEMOTIONS - In the context of this policy demotion consists of an employee being
involuntarily removed from a higher level classification to a lower level
classification, with a resulting decrease in salary. Although not limited to such
instances, demotions may occur in some cases because of the inability to fulfill the
duties of the higher level job in a satisfactory manner; or a failure to comply with
employment conditions such as licensure or certification. In addition, probationary
employees shall be subject to demotion without the City being required to state a
reason. The probationary employees shall not have access to any appeal process with
reg~ the demotion. 23
~
TA City of Boynton Beach
Immediate supervisors should discuss the potential demotion of an employee with
their chain of command and the Human Resources Department prior to a written
recommendation for demotion. The Department Director shall then submit the
written recommendation to the City Manager through Human Resources. Demotions
require concurrence from Human Resources, review by the City Attorney's Office
and authorization from the City Manager prior to being effected.
Written notification of demotions shall be provided to the employee by the
department Director. Such notices shall include the final decision, the reason(s) for
the decision, the employee's new classification title, the new pay range and pay rate,
and the effective date of the demotion. Written notifications shall also include that
future violations will result in further disciplinary actions up to and including
termination if the demotion was a result of misconduct~
All documentation of a demotion shall be retained in the employee's file in the
Human Resources Department. A copy of the written notification of demotion shall
be forwarded to the Finance department for payroll purposes.
Employees may request a demotion to a lower level classification voluntarily. Such
demotion shall not be punitive. Employees may submit comments for inclusion in
the record. Written notification of a demotion shall be signed by the employee
acknowledging receipt of the written notification and forwarded to Human
Resources for inclusion in the employee's record.
E. DISMISSAL - Dismissal is a result of an employee's involuntary termination that
severs the employment relationship. At such time all employee benefits cease, except
as otherwise provided by law.
Immediate supervIsors shall supply through documentation and discuss
recommendations for an employee's dismissal with their chain of command and
Human Resources. Upon receiving a written recommendation from the supervisor,
the Department Director shall submit the documentation to Human Resources.
Dismissals shall be effected only with the concurrence of Human Resources, review
by the City Attorney's Office and authorization by the City Manager.
A written notice of recommended termination shall be given to the employee in
person. However, after two unsuccessful attempts to deliver the notification, then the
notice shall; be sent via US mail to the most recent address on record in the personnel
file. The recommendation shall include the following information:
The underlying reasons for the recommended termination
Documentation upon which the Department Director relied in formulating said
recommendation
TACi~Of~~
24
An explanation of hislher rights to request a predetermination hearing prior to
termination taking effect and the facts that the decision to discipline of the City
Manager shall be final subject to grievance and arbitration as provided for in Article
10 of this Agreement.
The dismissal recommendation and the City Manager's final decision shall be placed
in the employee's personnel file, and a copy shall be forwarded to the employee and
hislher Department Director. Employees may submit comments for inclusion in their
personnel file.
Probationary employees who have not successfully completed the established
probationary period shall be subject to dismissal without cause, after review by
Human Resources.
12.6 RIGHT TO PRE-DETERMINATION HEARING
Prior to the effective date of any suspension without pay of three (3) days or more, or a
termination, the City shall conduct a predetermination hearing. The Human Resources
Director and the City Manager's designee shall conduct the predetermination hearing.
The employee shall be provided with reasonable notice of the predetermination hearing
date and of the charges which are the grounds for the disciplinary action. The employee
may be accompanied and assisted at the predetermination hearing by a representative of
his choice. The employee shall be afforded the opportunity to present information in
defense or mitigation to the charges brought against the employee. Following the
predetermination hearing, and any further investigation into issues raised by the employee
in defense or mitigation of the charges, the Human Resources Director and the City
Manager's designee shall sustain, reverse, or modify the disciplinary action and give the
employee written notice of their action and at the same time establish the suspension or
termination date(s) if appropriate. Information gathered before, during or after a pre-
determination conference constitutes part of the City's investigation or an act of omission
that can result in discipline.
12.7 EMPLOYEE APPEALS - GRIEVANCES
12.7.1 Probationary employees shall not have the right to appeal or grieve any type of
disciplinary action.
12.7.2 Regular employees may appeal to an arbitrator a discipline greater than a
suspension without pay of more than one work day using the same procedure for
arbitration as is set forth starting in Step 3 of Article 12 (grievance article) shall
have just cause appeal and grievance rights as outlined in Article 12 of this
Agreement.
12.7.3 Regular employees may respond to discipline actions of written reprimand and
":,,?ensions with or without pay of one (1) or day or less by requesting
~~ 25
TA City of Boynton Beach \.
administrative review by the Human Resources Director. Such request shall be
made within ten (10) calendar days of the imposition of the discipline. The Human
Resources Director shall review the disciplinary action in question and shall either
sustain, reverse, or modify the disciplinary action. The Human Resources Director's
disposition shall be made within thirty (30) days of the employee's request for
review. The Human Resources Director's disposition is final and not subject to
further review.
12.8 PERFORMANCE IMPROVEMENT PLAN
Employees who receive a Written Reprimand with a Suspension shall be placed on a
Performance Improvement Plan. The purpose of Performance Improvement Plan is to
monitor employee performance, with an evaluation of performance being made every 30
days. The employee must demonstrate immediate and sustained improvement in their
performance throughout the 90-day evaluation period or face dismissal.
CRIMINAL CHARGES
12.9 SUSPENSION PENDING DISPOSITION OF CRIMINAL CHARGES
When a City employee who is a member of the bargaining unit is arrested and charged
with a felony offense, the employee shall be placed on administrative leave without pay
until final disposition of the criminal charges. An employee who is convicted of or who
pleads guilty or no contest to a felony in conjunction with a plea negotiation shall be
terminated from their employment with the City.
An employee placed on administrative leave without pay, under these circumstances may
use accrued vacation and accrued sick time during the leave period. If found innocent or
if the State Attorney drops the charges, not as a result of a plea deal, the time will be
reinstated.
~
T A City of Boynton Beach '
"
26
ARTICLE 13
13.0 GRIEVANCE AND ARBITRATION PROCEDURES
13.1 A grievance is defined as a dispute or disagreement involving the application or
interpretation of this Agreement.
13.2 No employee or group of employees may refuse to follow directions pending the
outcome of a grievance except where safety would be jeopardized. Employees in
the bargaining unit will follow all written and verbal directives, unless the
employee has an objective basis to believe that hislher health and safety is
threatened. Compliance with such directive will not in any way prejudice the
employee's right to file a grievance within the time limits contained herein, nor
shall compliance affect the ultimate resolution of the grievance.
a) The parties agree that the grievance procedure shall be the sole and
exclusive method for resolving any dispute involving the application
or interpretation of the Agreement. Counseling and Performance
Evaluations cannot be grieved.
13.3 All grievances shall be in writing on a form prepared by the City and Union. All
responses to a grievance must be in writing and dated by the responding party.
Grievances not appealed to the next higher step within the prescribed time limits
will be considered withdrawn and need not be further processed by the City.
Failure by management to observe time limits for any step of the grievance
procedure shall entitle the employee to advance the grievance to the next step.
Grievance time limits may be extended only by mutual written agreement of the
Union and the City.
13.4 GRIEVANCE PROCEDURE STEPS
The parties agree to a step procedure for processing grievances. The deadlines
hereinafter listed may only be extended by written agreement of the parties. An
extension or waiver of a deadline shall never be inferred by the conduct of the
parties. When the Union fails to timely move a grievance to the next step, the
grievance is deemed withdrawn and cannot be re-filed. When the City fails to
respond at any step, the grievance is deemed denied and the Union may proceed to
the next step.
The parties agree to substitute a grievance tracking system which utilizes the City
Clerk's Office as a conduit for filing as follows:
~~
T A City of Boynton Beach
27
13 .4.1 Step 1. Within ten (10) working days of the incident or the time which the
employee had knowledge of the incident, the Union may initiate a grievance, by
filing a grievance with the City Clerk's Office, with a copy to the employee's
Department DirectorlDesignee. The grievance shall be hand delivered or sent by
facsimile between the hours of8:00 a.m. to 5:00 p.m.
The written grievance must contain the following:
A. Statement of the grievance and the facts upon which it is based.
B. The Article Sub-Section(s) of this Agreement alleged to have been
violated.
C. The action, remedy, or adjustment requested.
D. The signature of at least one aggrieved employee and of a union
representative (Union Official or Steward) and the date filed.
E. A statement indicating the grievance is a class action grievance, when
appropriate. Any and all grievances submitted as a class action must
be signed by a Union Official (President or Vice-President).
F. A statement identifying the positions of the class of workers affected
when brought as a class grievance. Any and all grievances submitted as
a class action must be signed by a Union Official (President or Vice-
President).
G. In the event a grievance doesn't contain the required information, as
listed above, it shall be returned to the grievant and/or Union Steward
for further processing. If the ten (10) working days since the initial
incident has passed when the grievance is returned, the period for the
grievant and/or Union Steward to resubmit to the City Clerk's Office
will be extended forty-eight (48) hours.
The Department DirectorlDesignee shall respond to the grievance on or before
5:00 PM on the eleventh (11 th) business day following the date of receipt of the
gnevance.
Step 2. In the event the employee is not satisfied with the disposition of the
grievance by the Department DirectorlDesignee, the Union shall have the right to
file a written appeal of the decision to the Human Resources Director within five
(5) days of the date of receipt of the Department Director'slDesignee's decision.
Within five (5) days of receipt of the grievance, the Human Resources Director
will contact the aggrieved employee and schedule a meeting within five (5) days
to discuss the matter. If the union fails to attend the prearranged meeting; the
grievance will be considered abandoned. The Human Resources Director or
designee shall respond in writing to the employee within five (5) days of the
meeting.
~
TA City of Boynton Beach
28
Step 3. When a grievance is not settled under the forgoing steps of the grievance
procedure, the Union, within twenty (20) days of such decision, may initiate
arbitration by filing a request with the Federal Mediation and Conciliation Service
for an arbitration panel. A copy of the request shall be served on the City.
The arbitrators shall set the hearing on the matter appealed will be heard within
ninety (90) days following appointment. If the arbitrator is not available within the
ninety (90) day period, the next arbitrator shall be used. The arbitrator shall make
a final and binding ruling within thirty (30) days following the hearing or, when
requested by either party, the submission of briefs.
The City and the Union will select arbitrators from a panel list provided by the
Federal Mediation and Conciliation Service (FMCS).
13.5 The arbitrator shall only have jurisdiction and the authority to apply and interpret
the provisions of this Agreement. Helshe shall not have jurisdiction to alter or
change in any way the provisions of this Agreement and shall confine the decision
solely to the issue of interpretation or application of the Agreement presented. The
decision of the arbitrator on any matter within hislher jurisdiction shall be final
and binding on the Union, the City and the employee covered by the Agreement.
When the arbitrator has been selected by the parties, the City shall have ten (10)
days from receipt of notice of appointment to raise arbitrability as a defense. If
arbitrability is raised by the City, the issue of arbitrability shall be determined by
the arbitrator no less than thirty (30) days prior to the commencement of an
arbitration hearing on the grievance itself, if the matter can be arbitrated.
The issue of arbitrability shall be determined in summary fashion without a
hearing. The parties shall submit the issue to the arbitrator by motion of the city
with supporting documentation and/or affidavits. The Union shall file its
response with supporting documentation and affidavits within ten (10) days of the
City's motion. The arbitrator shall make hislher ruling based on the documents
provided by the parties. The arbitrator may, at the arbitrator's discretion, conduct
one telephone conference with counsel for the City and Union prior to ruling on
the City's motion.
If the City raised the question of arbitrability and loses that determination, the City
shall pay the arbitrator's fee for the arbitrability determination. If the City raised
the question of arbitrability and the arbitrator determines that the matter is not
able to be arbitrated, the Union shall pay for the arbitrator.
13.5.1 The City and the Union agree to share all information each party will
present to the arbitrator no later than ten (10) days prior to the date of the
arbitration, even if such information was accumulated after the final
grievance step or after the terminated employees' pre-determination
hearing.
~ 29
T A City of Boynton Beach
13.6 The hearing shall not be formal and the strict rules of evidence shall not apply.
13.7 The parties shall divide the arbitrator's fee and expenses equally. In the event ofa
settlement, the arbitrator's fee and expenses shall be born equally by the parties,
unless they agree otherwise.
13.8 The term "day" shall mean Monday through Friday, exclusive of holidays, as
recognized by this Agreement.
~
T A City of Boynton Beach
30
ARTICLE 14
14.0 BASIC WORK WEEK AND OVERTIME
14.1 The basic workweek shall consist of forty (40) hours, unless otherwise specified.
The City Manager will establish and may change the basic workweek and hours of
work best suited to meet the needs of the department and to provide superior
service to the community. Nothing in this Agreement shall be construed as a
guarantee or limitation of the number of hours worked per week.
14.2 All authorized and approved work performed in excess of forty (40) hours in any
one work week shall be considered as overtime and shall be paid at the overtime
rate of one and one-half times the employee's straight time rate. Overtime shall be
offered for a specified work function on a rotating basis based on seniority to
those employees who normally perform the job functions during their regular
work hours.
14.3 Employees may all be required to work additional hours as directed unless
excused by supervision.
14.4 Since the Utility Department is a seven (7) day per week continuous operation,
employees will have two (2) consecutive days off after completing their regularly
scheduled five day work week. In the event that an employee chooses to do so,
and it can properly be scheduled, their two days off per week may be split to
accommodate the needs of both the employee and the employer.
14.5 Supervisors will provide no less than two (2) hours advance notice to employees
prior to the assignment of scheduled overtime, except in the case where the
supervisor has determined that the scheduling of overtime is done on an
immediate basis to meet the needs of the community.
14.6 Only hours actually worked will be counted for the purpose of calculating
overtime.
14.7 Employees cannot be in a work status more than seven (7) minutes prior or seven
(7) minutes after regular workday unless they have their supervisor's approval to
be in a work status. Each employee must be advised of the official start and
ending time of their department workday.
~
31
T A City of Boynton Beach
For purposes of overtime, the City will follow the Department of Labor's "7/8
Minute Rule". This rule means that an employee will not be eligible for overtime
until helshe has been on the job for more than seven minutes, i.e. at the start of the
8th minute they would then receive 15 minutes at time and a half. This procedure
will also be followed if an employee reports to work late. The employee shall be
marked as tardy using the same 7/8 Minute rule, for purposes of calculating
payroll, however, an employee will be deemed "tardy" if they appear for work
anytime after the designated starting time. Any employee that is tardy is subject
to appropriate discipline.
14.8 It is understood that the clock designated by an employee's supervisor to record
arrival and departure shall be the clock against which timely reporting for work is
measured. If at any time, that clock is deemed inoperative, the immediate
supervisor will advise employees of the clock which will be utilized in lieu of it.
TAG~Of~
32
ARTICLE 15
15.0 TASK ASSIGNMENT - SOLID WASTE
15 .1 Workweek and Overtime
15.1.1 Solid Waste employees shall be held responsible for satisfactory completion of a
daily task assignment. A daily task assignment shall be defined as those duties
correlating to collection of solid waste from defined routes; assisting other
employees in collecting solid waste from other defined routes according to Article
15.1.2; attending departmental meetings that require employee attendance;
cleaning and maintaining vehicles; performing emergency work as denoted in
Article 15.1.3 and any other duties assigned by supervisory staff related to support
services for solid waste collection and advanced Citywide disaster preparation and
response.
15.1.2 Within the Solid Waste Division, circumstances may arise which prevent certain
crews from completion of their assigned route within the work day. In that event
management may direct other crews to help complete the route(s) of the crews
unable to complete their route(s), on that same day.
15.1.3 All employees in the Solid Waste Division of Public Works that are covered by
this Agreement shall be considered task employees. Task employees will be
assigned to shifts or either 8 or 10 hours per day. Employees will always maintain
the same shift for an entire workweek. A daily task assignment shall be assigned
at the beginning of the workday by the supervisor. Upon completion of the
assigned daily task, the task employee may be required to perform other work
functions related to the Solid Waste Division of public Works. Task employees
may be assigned duties outside of the Solid Waste Division in the event of
pending, ongoing, or past citywide emergencies.
Task employees shall be released from duty by the immediate supervisor. No task
employee will be allowed to release him or herself from duty.
15.1.4 All task runs shall be equalized as closely as possible, as determined by the Public
Works Director.
15.1.5 Employees covering another employees assigned routes when the normally
assigned employee is on vacation or out for an extended illness, shall be assigned
for the entire 40 hour period, and shall work the same shift for the entire period as
the employee whose shift they are covering. Management shall make every effort
to as 'gn the employee covering the shift 48 hours in advance.
33
T A City of Boynton Beach
15.1.6 Task hours will not count as hours worked and overtime will be paid according to
Article 14.
15.2 Holidays
15.2.1 Employees who regularly work a ten (10) hour assignment shall receive ten (10)
hours pay for each observed holiday. Employees who regularly work an eight (8)
hour assignment shall receive eight (8) hours pay for each observed holiday.
15.2.2 In addition to receiving holiday pay Solid Waste employees shall receive their
regular daily task hours at time and one half when required to work on a holiday
even if they complete their assignment in fewer hours than regularly assigned.
Should they be required to work beyond their regular task hours on a holiday,
those hours also shall be paid at time and one half their regular rate ofpay.
15.2.3 The City will publish a holiday service schedule and make up day schedule at
least six (6) months prior to the holiday.
15.2.4 When the work schedule is such that employees will not be required to work the
designated holiday, the holiday make-up days will occur on either Wednesday or
Saturday, whichever day immediately follows the holiday in question and shall be
paid at the employee's time and one-half rate of pay.
Should service be provided on Sunday, the City shall pay employees, who
volunteer to work, a 3-hour minimum at their overtime rate of payor the actual
time worked whichever is greater. Employees may sign up to voluntarily work on
Sunday to perform the same type of work completed during the regular work
week.
V oluntary Sunday work assignments shall be made on a rotating seniority basis
starting with the most senior employee who signed up to work. If no employees
volunteer to work on a Sunday when work is available, the City shall assign the
work on a reverse seniority basis beginning with the least senior employee who
would normally performs the work during the regular work week.
~
TA City of Boynton Beach
34
ARTICLE 16
16.0 WORKBREAKS
16.1 Employees shall receive a one-half hour unpaid lunch period.
16.2 Employees shall receive two (2), fifteen (15) minute paid breaks each day.
16.3 Abuse of break time is grounds for progressive disciplinary action.
~
T A City of Boynton Beach '
c
TA
CT ,
35
ARTICLE 17
17.0 COMPENSATORY TIME
17.1 Employees may accrue and use compensatory time in lieu of overtime pay when
the employee works in excess of forty (40) hours in a workweek.
17.2 Compensatory time will be accrued and used at the same rate the overtime rate
would be paid. Employees may accumulate up to eighty (80) hours of
compensatory time. At no time may an employee accumulate more than eighty
(80) hours of compensatory time. Compensatory time may be taken as earned
subject to the approval of the Department Head/Designee who shall schedule the
time off to meet the operating requirements of the Department.
17.3 It is solely the employee's choice as to whether helshe wishes to be paid for their
overtime at one and one-half times their regular hourly rate of pay, or take
compensatory time. The City will not encourage employees to take one form of
compensation over the other.
~
36
TA City of Boynton Beach
ARTICLE 18
18.0 WAGES
18.1 Effective October 1, 2007, bargaining unit employees who are employed on the
date of full ratification of this Agreement shall receive a 5% base wage
adjustment.
18.2 Effective April 1, 2008, bargaining unit employees shall receIve the following
Performance Evaluation wage increase, added to base wage:
a. Performance evaluation score of two point zero (2.0) or higher shall generate a
merit increase equal to their score, not to exceed 4%.
b. If the Performance evaluation score is below 2.0, no wage increase will be
applied.
18.3 Effective October 1, 2008, bargaining unit employees shall receive a 2% base
wage adjustment.
18.4 Effective April 1, 2009, bargaining unit employees shall receIve the following
Performance Evaluation wage increase, added to base wage:
c. Performance evaluation score of two point zero (2.0) or higher shall generate a
merit increase equal to their score, not to exceed 4%.
d. If the Performance evaluation score is below 2.0, no wage increase will be
applied.
18.5 No employee will receive a base wage less than the minimum of hislher pay grade
unless helshe are in a trainee status. No employee will receive a wage increase to a
rate higher than the maximum salary for the position. An employee who is at the
maximum of the salary range shall receive the base adjustment increase and the
Performance Evaluation wage increase, if applicable, as a lump-sum payment.
18.6 The April 1 Performance Evaluation and re-evaluation at each thirty (30) day period
shall be completed in an unbiased and fair manner. Justification for all performance
evaluation scores "exceeding standards" or "needs improvement" must have been
previously provided to the employees being evaluated. Through LaborlManagement
meetings, the Union and City shall continue to work on the evaluation process in
order to ensure pay equity for employees.
18.7 Employees who receive a performance evaluation rating that falls below a "Meets
Expectations" (rating of less than 2) shall be placed on a Performance Improvement
Plan. It is the responsibility of each employee to perform at a minimum level of "Meets
Standards".
TACi~OfB~
37
TA
CT
ARTICLE 19
19.0 PROMOTIONS, RECLASSIFICATIONS, TRANSFERS & DEMOTIONS
19.1 PROMOTIONS
19.1.1 Employees interested in applying for a promotional opportunity must have been in
their current position for a minimum of six (6) months and have at least a meets
standards performance level. Each promoted employee must successfully
complete a six (6) month probationary period in the new position.
Employees are eligible for the following increases in pay upon promotion:
Promotion from non-exempt position to exempt position:
+ 1 0% of mid-point of new grade or to minimum of new grade whichever is higher
Promotion of one grade (exempt to exempt or non-exempt to non-exempt):
+5% of mid-point of new grade or to minimum of new grade, whichever is higher
Promotion of two grades (exempt to exempt or non-exempt to non-exempt):
+7.5% of mid-point of new grade or to minimum of new grade, whichever is
higher
Promotion of three or more grades (exempt to exempt or non-exempt to non-
exempt):
+ 1 0% of mid-point of new grade or to minimum of new grade, whichever is
higher
19.1.2 In no event will the employee's base rate of pay exceed the maximum for the
position to which the promotion is made.
19.1.3 Each promoted employee must successfully complete a probationary period of six
(6) months from the date of promotion. Note: Applicants for promotion must have
been in their current position for a minimum of six (6) months and have a Meets
Standards or higher performance rating.
19.2 DEMOTION
19.2.1 Upon demotion, an employee's rate of pay will be adjusted as follows:
Decrease of one grade:
~ of current grade (position leaving)
T A City of Boynton Beach
38
Decrease of two grades:
-7.5% of mid-point of current grade (position leaving)
Decrease of three or more grades:
-10% of mid-point of current grade (position leaving)
19.2.2 In no event will the employee's base rate of pay exceed the maximum for the
position to which the demotion is made.
19.2.3 The pay of a promoted employee who is demoted prior to completion of a
probationary period, will be reduced by the same amount as the promotional
Increase.
19.2.4 Exceptions to this policy may occur if there is a department restructuring that
results in an involuntary demotion for one or more employees. The City Manager
must approve any restructuring and resulting demotions.
19 .3 LATERAL TRANSFER
19.3.1 Employees transferring from one position to another in the same pay grade,
whether in the same or in a different department, will maintain the same pay rate.
19.3.2 Each transferred employee, whether in the same or a lower grade, must
successfully complete a probationary period of six months from the date of
transfer. Probationary employees, whether in their first year as an employee or in
their six-month promotional probationary period have no property entitlement to
their position.
19.4 RECLASSIFICATION
19.4.1 Positions may be considered for reclassification only upon written request of the
Department Head/Designee, including detailed justification. If the reclassification
is for a change to an existing position classification (e.g. Grade 13 to Grade 14),
the incumbent must complete a position questionnaire, which will then be
evaluated by the Human Resources Department. If the request is to change from
one current position classification to another (e.g. Office Assistant to Office
Assistant, Sr.), that justification must be included in the Department Head's
request.
19.4.2 Reclassification requests will be considered each year during the budget process.
Reclassifications requested during the fiscal year will be considered only if the
department is restructuring or realigning major responsibilities. Mid-year
reclassifications must have the approval of the HR Director, Finance Director and
c~, 39
TA City of Boynton Beach
19.4.3 Implementation of any reclassification, whenever approved, will not become
effective until the necessary funds are available in the department budget. Any
salary change required by a reclassification will become effective as of the date
the reclassification is approved.
19.5 PROMOTION FROM PART-TIME TO FULL-TIME
19.5.1 Each employee promoted from part-time to full-time must successfully complete a
probationary period of twelve months from the date of promotion.
19.5.2 Upon successful completion of the probationary period, the probationary
employee will be considered a regular employee.
~
40
T A City of Boynton Beach
ARTICLE 20
20.0 STANDBY & CALL BACK PAY
20.1 STANDBYPAY
20.1.1 In order to provide coverage for services during off-duty hours, it may be
necessary to assign and schedule certain bargaining unit employees to standby
beeper duty. A standby beeper duty assignment is made in writing by a
department director or hislher designee who requires an employee on hislher off-
duty time, which may include nights, weekends or holidays, to be available to
perform his normal daily job function during off hours, due to an urgent situation.
The written directive placing an employee on standby shall specify a starting and
ending period.
20.1.2 Employee placed on Stand-by shall be assigned a take-home vehicle in
compliance with the department's rotation list appropriate for the completion of
the task required of the employee should helshe be called back to work. All take
home vehicles shall be equipped with Automatic Vehicle Locators (A VL) capable
of tracking a vehicle's location and the time of day. The A VL capability will
substitute for the City time clock for those employees responding to emergency
situations in take home vehicles. Therefore, those employees on Stand-by will not
be required to punch in or punch out on the normal City time clock and instead
may travel directly to and from their home to the work site when responding to
after-hours emergencies. For payroll purposes, the starting time of the employee
responding to emergencies will be that time when the vehicle leaves the
employee's home and the ending time will coincide with provisions outlined in
section 20.2 - Call Back Pay.
20.1.3 An employee who is called while on standby but who only responds by telephone
or electronic communication is not entitled to call back pay however, the
employee shall be entitled to one hour of straight time pay, up to a maximum of
five (5) such one-hour payments in a seven-day standby period. Any subsequent
call responses are considered as compensation under the initial standby pay
allowance. Such pay shall be documented with the time of call and a summary of
resolution of the incident telephonically or by electronic communication on log
sheets prescribed by the City. If the duration of the call is less than 15 minutes,
such time shall not count toward hours worked for FSLA purposes.
20.1.4 The employee shall receive one hour of pay at time and one half the employees
base rate of pay for each 24 hour period that they are assigned standby duty Time
spent on standby does not count as time worked for calculation of hours worked in
z;z::r overtime purposes.
T A City of Boynton Beach
41
20.2 CALL BACK PAY:
20.2.1 Any employee called back to work after having been relieved and having left the
assigned work station or called in before hislher regularly scheduled work time,
shall be paid the actual time worked at time and one half r a minimum of two (2)
hours pay at straight time when such callback is between the hours of 8:00 a.m.
and 12.00 pm. (midnight) whichever is greater. When such callback is between
the hours of 12.01 a.m. and 6:59 a.m. the employee shall be paid the actual time
worked at time and one-half or a minimum of three (3) hours pay at straight time,
whichever is greater. If work conducted on the call extends into normal work
hours, the time worked will be paid at straight time. Employees called back to
work during lunch breaks are not entitled to Call Back Pay. In this case the
finishing time for that particular work day will be adjusted accordingly.
20.2.2 After an employee has been called out once during the employee's time off, all
subsequent call outs occurring prior to the employees next regular shift will be at
a rate of one and one-half (1112) times hislher base rate of pay for actual time
worked. If work conducted on the call extends into normal work hours, the time
worked after the start time will be paid at straight time.
20.2.3 Call out pay constitutes premium pay. Hours worked on call out count as hours
worked in the employee's work week.
~
42
TA City of Boynton Beach
ARTICLE 21
21.0 WORKING IN A HIGHER CLASS
21.1 When an employee is qualified for and is temporarily assigned the authority, duties
and responsibility for a position allocated to a higher classification, they shall
receive a 5% increase in payor the minimum of the higher classification,
whichever is greater, until returned to hislher regular classification. Employees
shall be required to perform work in a higher classification only upon written
memorandum by their supervisor. Upon release from duties and responsibilities of
the position assigned to a higher classification, the employees salary will be
reduced to the rate the employee would be receiving had the temporary assignment
never been made.
21.2 Employees shall be required only upon written memo from their supervisor to
perform work in a higher classification for training purposes. In this connection,
they shall receive a 5% increase in payor the minimum of the higher classification,
whichever is greater, until returned to their regular classification.
~
TA City of Boynton Beach
43
ARTICLE 22
22.0 EMPLOYEES ASSIGNED TO TRAINING DUTIES
22.1 Employees who are assigned to train another employee(s) who islare new to the
position(s), shall be assigned in writing and shall receive a 5% increase in pay
during the time they are training another employee.
~
44
T A City of Boynton Beach
T A'SEIU lorida Public Services Union
CTW, C
ARTICLE 23
23.0 EMERGENCY PAY POLICY
23.1 Emergency pay shall hereinafter be paid in accordance with the provisions of City
Emergency Ordinance 2005-036.
~
T A City of Boynton Beach
45
ARTICLE 24
24.0 CERTIFICATION PAY
24.1 The City shall pay $500.00 for each certification or license as listed in Appendix I.
The appendix may be amended from time to time pursuant to input from the
Labor Management Committee. Exceptions to the list shall be agreed upon by the
employee and the department head/designee. The City shall also pay for the
actual certification or license fee. This provision shall not operate to reduce
certification incentive pay policies. Bargaining unit members who participate in
departmental certification pay programs are not entitled to participate in the
program set forth herein
24.2 The City shall provide educational and training opportunities for lifeguards during
work hours so that the employee may earn and recertify for an EMT certificate.
The City shall pay for the course and all course material. Lifeguards who earn
EMT certificates shall receive a one-time 5% wage increase upon initially earning
the certificate. No other compensation is applicable for this certification.
24.3 If for any reason an employee's certification is cancelled or expires, hislher salary
will be reduced by the dollar amount initially granted when helshe received the
5% increase, but shall be reinstated if the employee is recertified.
~
TA City of Boynton Beach
46
ARTICLE 25
25.0 SICK LEAVE
25.1 An employee shall notify hislher immediate supervisor or designee, in a manner
provided for by management, of hislher illness no less than one half (112) hour
before hislher normal workday begins. If an employee fails to call in within the
specified time, the employee shall be subject to progressive discipline. This
notice procedure shall be followed for each day the employee is unable to work
unless prior approval is granted by department management, wherein the
employee notifies hislher supervisor of the length oftime helshe will be absent.
25.2 Sick leave will be granted upon approval of the Department DirectorlDesignee for
the following reasons:
A. Employee's health, or up to five (5) days per fiscal year for illness of
immediate family member the employee's parent, spouse, or child.
B. Medical, dental, or optical treatment that is determined in writing by a
physician to be necessary and must be performed during working hours.
C. Quarantine due to exposure to contagious disease.
D. In connection with Workers' Compensation and which shall remain status
quo during the term of this Agreement.
25.3 Employees shall accrue sick leave at a rate of 96 hours per l2-month period or
eight (8) hours per month. No employee shall be entitled to use sick leave in
excess of the amount of such leave accumulated. Employees may accumulate a
maximum of 1040 sick leave hours. All unused hours shall be paid out at 50%
upon termination of employment with the City. Any accrued but unused sick
leave hours beyond 1040 shall be transferred into the employee's Personal Leave
Bank at one for one. Personal Leave hours may be utilized as necessary. Any
unused Personal leave hours may be cashed in upon termination with the City on a
two (2) to one (1) basis, or the full value of the hours may be used to purchase
health care benefits should the termination be due to normal or disability
retirement.
25.4 An employee making a departmental transfer will retain any unused sick leave.
25.5 Employees who have attained non-probationary status and are regular employees
will have payment made for unused sick leave for up to 1040 hours, at the rate of
50% of the total number of hours accumulated, but not taken, upon termination in
good standing, retirement or death. (Retirement shall include normal retirement,
~~~:'~~lity retirement, or early retirement as defined in the appropriate Pension
47
T A City of Boynton each
25.6 Employees may request, and shall be covered by the provisions of the Family
Medical Leave Act.
25.7 Sick Leave Donations
25.7.1 It shall be the policy of the City to permit an employee who has a
minimum of 120 hours sick leave the opportunity of donating accrued sick
leave time to a designated employee whenever extraordinary
circumstances require the designated employee to be absent from work for
a lengthy period of time (workers compensation leave time excluded), and
when the employee has exhausted all accrued sick and vacation leave
down to 40 hours. Extraordinary circumstances shall be defined as lengthy
hospitalization, critical illness or injury.
25.7.2 Sick leave exceeding three (3) consecutive work days requires medical
certification on return to work.
25.8 Restricted Sick Leave
25.8.1 A member shall be placed on restricted sick leave when a pattern of sick
leave abuse is present and the employee has had a counseling session with
hislher Director or Department Head/Designee. During that counseling
session, the employee will be informed of the reasons being considered for
restricted sick leave. At that time, the employee will be given an
opportunity to explain the sick leave taken.
25.8.2 When an employee is placed on restricted sick leave, the employee will be
notified in writing of that fact. An employee placed on restricted sick
leave shall be re-evaluated in three months. If no violation is noted the
employee shall be removed from restricted sick leave status. If not re-
evaluated within five (5) working days after the three (3) month period, the
employee will be automatically removed from restricted sick leave.
25.8.3 During the initial ninety (90) day restrictive sick leave period, if there is a
violation of the restricted sick leave policy, progressive discipline shall be
applied and the employee will be placed on another ninety (90) day period
of restrictive sick leave beginning on the date of the policy violation. For
each successive restricted sick leave violation, the employee shall be
placed on restricted sick leave for an additional ninety (90) period and
shall be subject to further progressive discipline up to and including
termination.
25.8.4 Abuse of sick leave occurs when an employee uses sick leave for reasons
other than illness. Abuse of sick leave can result in disciplinary action or
~rmance appraisaL 48
TA City of Boynton Beach
ARTICLE 26
26.0 WORKERS COMPENSATION
26.1 Whenever an employee is totally disabled from duty for a period of no more than
seven (7) calendar days because of an injury determined to be compensated under
the provisions of the Worker's Compensation Act, helshe shall be entitled to full
regular pay.
26.2 If the period of disability is greater than seven (7) calendar days, the employee
shall receive a sum of money up to an amount equal to the difference between
hislher worker's compensation check and hislher normal net pay up to three (3)
months. In no case will the salary supplement be extended beyond three (3)
months from the date of injury.
At the end of three (3) months, the Risk Manager will review the medical
certification from the employee's authorized workers compensation treating
physician for a determination of pay status. If the authorized medical certification
justifies temporary total disability, the salary supplement continuation will be
granted. If the continuation of the salary supplement is granted, it shall continue a
the same rate as defined above for up to an additional three (3) months.
In no case will the salary supplement be extended beyond six (6) calendar months
from the date on which the salary supplement began.
26.3 After three (3)months from date of injury, the injured employee may elect to
receive accrued sick leave and after exhausted, vacation leave, in accordance with
hislher regular hourly wage, to the extent that hislher combined sick leave or
vacation leave, and worker's workers' compensation benefits equal hislher regular
weekly net take home salary. The employee must contact the payroll clerk to
qualify for the combined check.
26.4 It is incumbent on the employee to make application for disability in accordance
with their pension plan and the insurance plan they are covered under. Failure to
do this automatically cancels the additional City benefits.
26.5 If the appropriate disability plan denies the claim, the additional City supplement
benefit will be canceled. If the appropriate disability plan accepts the claim, the
salary supplement will be canceled after issuance of the disability pension check
or at the end of the time duration outlined above, whichever comes first.
~
T A City of Boynton Beach
49
26.6 If an employee who is receiving Worker's workers' compensation payment along
with City supplement, sick or vacation leave, is found to be working or receiving
compensation for his/her services elsewhere, during this period, helshe will be
obligated to reimburse the City for all medical expenses and supplement, sick or
vacation pay taken and shall be subject to dismissal.
~
TA City of Boynton Beach
50
ARTICLE 27
27.0 LIGHT DUTY
27.1 Employees who have injuries which prohibit them from performing their regular
assignments may return to work and perform light duty when there is light duty
work available and the City has determined that the employee is able to perform
the work without risk of further injury. The City is under no obligation to create
light duty work. If there is no work available the employee will remain on sick
leave status until helshe has a full release to return to work from hislher doctor.
TACi~O~
51
ARTICLE 28
28.0 VACATION
28.1 Each full time employee shall earn vacation leave as follows:
1 year
2-3 years
4 years
5 years
6 years
7 years
8 years
9 years
10-15 years
16-20 years
21 years
Vacation Vacation
Days Hours
10 80
15 120
16 128
17 136
18 144
19 152
20 160
21 168
22 176
24 192
25 200
Years of Service
28.2 Vacation leave may be taken as earned, in thirty (30) minute increments subject to
the approval of the Department Head/Designee who shall schedule vacations so as
to meet the operating requirements of the Department. Approval of vacation leave
requests must not be unreasonably withheld.
28.3 Employees shall be allowed to take their birthday off and the day shall be charged
as a vacation day in accordance with the rules and provisions regarding the use of
vacation time.
28.4 Employees may accrue vacation leave to a maximum of the leave earned in the
most recent two employment years. Vacation leave accrued during October 1-
September 30 may exceed this stated policy, however, any amount over the
allowable maximum that has not been used during that (October 1 - September
30) period will be forfeited as of September 30. However, employees who have
been denied vacation shall have the excess vacation hours paid to them, at their
regular straight time rate of pay in the last pay check of the fiscal year.
~
TA City of Boynton Beach
52
TA
CT
28.5 Vacation requests of three (3) shifts or less must be requested and approved or
denied prior to the end of the work shift the work day preceding the time
requested off. Vacation requests of four (4) shifts or more must be requested and
approved or denied forty-eight (48) hours prior to the time requested off.
Advanced vacation requests must be approved or denied within thirty (30) days of
the date of the request.
28.6 Employees shall be allowed to take up to twenty-four (24) hours of emergency
vacation leave on an annual basis. Employees shall make such a request in
accordance with the applicable, published Departmental call-in procedure with the
Supervisor within thirty (30) minutes of the start ofthe work shift.
28.7 An employee who takes leave without a timely request or without approval shall
be docked pay for the time not worked and is subject to additional disciplinary
action.
28.8 Emergency Cash-In of Vacation and/or Sick Leave Time
28.8.1 Employees faced with sudden extraordinary circumstances of hardship
who have in excess of 40 hours of accrued vacation are eligible to request
emergency cash in of vacation. If approved, an employee may convert up
to 90 hours to cash (less applicable taxes) provided they have 40 hours
remaining in their vacation accrual account after the cash-in. Conversions
must be done in increments of one work day.
28.8.2 Employees who do not have enough vacation time to use for the total
amount of emergency cash may consider including sick leave hours. Sick
leave hours that are cashed-in will be calculated at 50% of the employee's
hourly rate. The total of vacation and sick leave hours may not exceed 90
hours and vacation hours must always be used before sick hours. Payment
for sick leave hours may only be granted if the employee has the amount
of sick leave credited to hislher sick leave account and the employee
retains a minimum of eighty (80) sick hours on the books.
28.8.3 A request must be made in writing outlining the emergency and submitted
to the Human Resources Director on the appropriate form. A committee
comprised of the City Manager, Finance Director and Human Resources
Director will then review the request and approve the requested hours in
total or modified as they see fit. This benefit can be used only once each
year. At the discretion of the City Manager, the time limit rule may be
waived if there are exigent circumstances.
~
T A City of Boynton Beach
53
28.8.4 Denial of sick leave pay will be made in writing stating the reasons for the
denial. Employees may take advantage of this provision once during each
year of this Agreement
Up to twenty-four (24) hours of an employee's annual vacation accrual
may be granted for absences from work when a vacation request cannot be
made according to Article 28.5. Employees must notify their supervisor of
the need for this absence within one half (112) hour of their normal shift
start time. Time used in this regard may be used in increments of one (1)
hour.
TACi~~
54
TA
CT
ARTICLE 29
29.0 BONUS DAYS AND BONUS INCREASES
29.1 BONUS DAYS:
29.1.1 The intent of this Article is to establish a wellness program designed to minimize
time lost on the job and to help reduce the City's overall health insurance
expenses. The City recognizes that employees occasionally suffer from injuries or
illness necessitating the use of paid sick leave time off. However, this program
provides incentive to reward those employees who use sick time responsibly.
29.1.2 All full time City employees covered by this policy are eligible to receive a bonus
day for continuous attendance at work at the completion of each calendar quarter
that the employee has not used sick time during the previous quarter, nor has been
absent from work or on leave other than those paid leave categories recognized in
this document. For the purpose of this calculation, a day shall consist of eight (8)
hours.
29.1.3 Bonus days shall be counted as vacation leave and subject to the provision set
forth for use of vacation.
29.2 BONUS INCREASES:
29.2.1 In addition to any other monetary benefit, the City Manager is authorized to
approve a bonus of $500.00 when such a bonus is justified by the Department
Head/Designee, in writing, on the prescribed forms. This bonus will not affect the
employees pay grade and step. Funds for the bonus will be budgeted as a separate
allowance and administered under the direct control of the City Manager.
Employees are not automatically entitled to receive bonuses. This system allows
for top performance to be recognized by the immediate supervisor and prompt
rewards to be made at the discretion of the supervisor, provided the Department
Head concurs. This top performance must be substantiated by the supervisor and
the Department Head/Designee using the prescribed forms furnished by the City
Manager.
~
TA City of Boynton each
55
ARTICLE 30
30.0 HOLIDAYS
30.1 The following holidays shall be observed for employees in the bargaining unit:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
30.2 For each observed holiday, a full-time employee shall be entitled to eight (8)
hours of pay at the employee's regular rate of pay, except where employees are
normally scheduled to work a ten (10) hour day. In that case, they shall receive
ten (10) hours of pay. In all events, where the employee is scheduled off for the
holiday, the employee shall be paid straight time for not working that holiday. In
the event that an employee is scheduled on during a holiday, the employee shall be
paid their regular rate of pay for working the holiday (time and one-half) and shall
be paid straight time for the holiday. Hourly rate employees must work their
regular work days immediately before and after the holiday in order to receive pay
for the holiday or be in an authorized with pay status immediately before and after
the holiday.
30.3 A full-time employee required to work and who actually works on an observed
holiday or on the actual calendar day of the holiday, but not both, shall receive
time and one-half (1 1/2) their regular rate of pay for all hours worked in addition
to that payment provided in section 30.2.
30.4 Employees on vacation, annual military leave, jury duty, sick leave, funeral leave,
and other absences from duty, but on active pay status on the day the holiday is
observed must use the holiday on the same day that it is earned. Holidays that
occur during vacation leave shall not be charged against such vacation leave.
30.5 Holidays falling on a Saturday shall be observed the preceding Friday. Holidays
falling on Sunday shall be observed the following Monday.
TACi~Of~
56
ARTICLE 31
31.0 COMPASSIONATE LEAVE
31.1 In the event of the death of the mother, father, child, foster parent, foster child,
brother, sister, husband, wife, son, daughter, son-in-law, daughter-in-law,
grandparent, grandchild, mother-in-law, or father-in-law of a regular employee, the
employee shall be entitled to paid compassionate leave not to exceed three (3)
consecutive workdays for anyone death. However, if it is necessary for the
employee to leave the State in connection with the interment of the deceased, five
(5) consecutive workdays shall be allowed. Employees must submit proof of death
in order to be eligible for this article. The City Manager may grant additional leave
under this section when helshe deems it appropriate.
~
T A City of Boynton Beach
57
TA
CT
ARTICLE 32
32.0 MILITARY LEAVE
32.1 Reserve Training: All employees in the City service who are members of military
reserve units and who must attend annual training sessions are entitled pursuant to
Florida Statute l15.07-to seventeen (17) calendar days with pay each year in order
that these employees may fulfill their military obligations.
32.2 Active Duty: All employees who are reservists and are ordered to active military
duty shall continue to receive full City pay for the first thirty (30) days of active duty
and thereafter shall receive supplemental pay from the City, in an amount necessary
to bring their total compensation, inclusive of their base military pay, to the level
earned at the time they were called to active military duty.
32.3 The City will continue to pay the eligible employee's portion of health, dental and
life insurance premiums and the City's pension contribution. If an employee has
dependent insurance coverage, the Finance Department will consider this in
determining the amount of supplemental pay so that the dependent insurance
premiums can be paid prior to the supplemental check calculation. The
employee's pension contribution will also be made prior to the supplemental
check calculation. If the supplemental pay is not sufficient to pay the dependent
coverage, the employee will be responsible for sending the City a check to cover
the dependent premium. The employee will also be responsible for making
arrangements for any other benefit premium or other deduction.
32.4 Continued Service: Unless the person provides the City with written notice that
they do not plan to return to employment with the City, no break in service will
occur during the period of active duty and the employee with continue to accrue
service for purposes of seniority and pension eligibility
~
T A City of Boynton Beach
58
ARTICLE 33
33.0 LEAVE OF ABSENCE
33.1 A regular employee may be granted leave of absence without pay for a period not to
exceed six (6) months for sickness, disability or other good and sufficient reasons
that are considered to be in the best interest of the City. Requests must be in writing.
A leave of absence without pay of up to 30 calendar days can be approved by the
employee's Department Head and the Human Resources Director. A leave of
absence in excess of 30 calendar days must be approved by the City Manager.
Employees that are on approved leave of absence without pay will be responsible
for paying all their benefit premiums, e.g., insurance, etc.
33.2 Leave of absence without pay will not be granted in order to accept employment
with another employer. If granted, leave of absence without pay may subsequently
be withdrawn and the employee recalled to service. All employees on leave of
absence without pay are subject to applicable provisions of these rules. There will be
no accrual of sick leave, vacation leave or seniority during a leave of absence
without pay exceeding 30 days.
~
T A City of Boynton Beach
59
ARTICLE 34
34.0 UNAUTHORIZED ABSENCE
34.1 A bargaining Unit Member who is absent from work without authorized leave for
a period of more than three (3) days shall be deemed to have abandoned his or her
job and shall be separated from employment with the City. Separation of this type
shall not be considered a disciplinary separation.
34.2 However, a bargaining Unit Member who is absent from work without authorized
leave for a period of not less than three (3) days or more than thirty (30) days, but
who was physically unable to notify hislher employer or have another person
notify hislher employer, shall not be deemed to have abandoned his or her job and
shall not be separated from employment with the City. Under these
circumstances, the director of Human Resources must be provided with details of
the absence and he or she must determine if just cause exists.
~
T A City of Boynton Beach
60
ARTICLE 35
35.0 JURY DUTY
35.1 Leave with pay may be authorized in order that regular employees may serve
required jury duty or a subpoena issued by a court of law to appear as a witness on
cases relevant to the City, provided that such leave is reported in advance to the
Department Director. All pay granted under this section must be approved by the
Department Director. In order for the employee to receive their regular pay for such
leave the employee must deposit the money which helshe receives for jury duty or as
a witness with the City Finance Department for those days that coincide with hislher
regular work schedule, unless otherwise provided by law. Employees can keep only
travel expense monies. Employees subpoenaed as witnesses in cases unrelated to
City business may take vacation leave in order to receive pay.
TACi~OfB~
61
ARTICLE 36
36.0 SENIORITY, LAYOFF & RECALL
36.1 For the purpose of this Contract, "seniority" shall be defined as the employee's
length of continuous service with the City of Boynton Beach. The City and the
Union recognize the value of an experienced work force and agree that an
employee's seniority shall be considered, along with the needs of the City, when
affecting decisions on vacations, promotions and shifts.
36.2 Employees shall lose their seniority for the following reasons:
a. Termination
b. Retirement
c. Resignation
d. Layoff exceeding the period of recall
e. Unexcused absences for three (3) or more days
f. Failure to report to the Human Resources Office intention of returning to
work within five (5) days of receipt of recall as verified by certified mail.
g. Failure to report from military leave within the time prescribed
36.3 Layoff and recall of employees shall be handled in the following manner:
a. The City Manager may lay-off any employees in the bargaining unit
whenever such action is made necessary because of shortage of work or
funds, the abolition of a position or changes in the work force.
However, no regular employee shall be laid off while there are employees
with less seniority or temporary or part time or provisional or probationary
employees in the same classification serving in the department where the
lay-off occurs.
b. Whenever a layoff of one or more employees becomes necessary, the City
Manager shall notify the Union at least two (2) weeks in advance of the
intended action and the reasons therefore.
c. Layoffs will be made in reverse order of seniority within the department.
Senior laid-off employees of the department shall be able to displace
(bump) junior employees who are in any equivalent or lower classification,
for which the bumping employee is eligible for or for which he qualifies
by meeting the requirements as set forth in the job description.
il~
T A City of Boynton Beach
62
d. Laid-off employees also shall have the right to accept the lay-off. In this
connection, the laid-off employee shall have his name placed at the top of
the eligibility list for any position which becomes open, and for which the
employee is qualified. The employee may pass or accept placement into
any such open position for a period of one year.
e. Employees shall have recall rights for a period of one year from the date
the lay-off took affect. Upon recall, employees shall have all seniority and
benefits restored with the exception of any benefits that were cashed in
during lay-off period.
f. Employees may also choose to accept the lay-off at the time of the initial
lay-off and receive a severance package of nine (9) weeks' wages. In this
connection, the employee may not reapply to a position within the City for
one (1) year from the date the lay-off took affect and shall not be placed on
the recall list.
g. It shall be incumbent upon the laid-off employee to ensure the City has
information pertaining to his most recent address for the purpose of recall.
h. Employees shall be recalled in the inverse order of the layoff. The City
shall recall employees via a written document using the US Mail service.
Recall letters shall be sent certified, with a return receipt requested.
Employee shall have ten (10) business days to respond to the recall letter.
A laid-off employee who is temporarily unable to return to work due to
medical reasons shall receive an extension of recall rights not to exceed
four (4) months.
~
T A City of Boynton Beach
63
ARTICLE 37
37.0 RECRUITMENT AND SELECTION
37.1 In order for the City to be operationally competitive with other governmental
entities as well as the private sector, the recruitment and retention of qualified
employees is of paramount importance. To achieve maximum efficiency the City
must have the flexibility to fill vacancies through either promotion or outside hiring.
Vacant positions shall be filled in the best interests of the City through recruitment,
selection, and promotion of employees on the basis of their qualifications and
relative knowledge, abilities, and skills.
37.2 Basic Requirements
37.2.1 Human Resources is responsible for the nondiscriminatory implementation of this
policy.
37.2.2 Each department is responsible for assisting the Human Resources Department with
recruitment, interviews, tentative selections, and recommendations for appointment.
Departments have no authority to modify or waive the provisions of the Personnel
Policy Manual (PPM).
37.2.3 Human Resources has primary responsibility for hiring employees. All employment
discussions are to be considered non-obligatory, exploratory, and tentative in nature
and should be indicated as such to the applicant. Any offers of employment made to
an individual prior to obtaining all necessary authorizations shall not be binding on
the City.
37.3 Procedures
37.3.1 Applications and Interviews
37.3.1.1
Once Human Resources has officially announced a job vacancy
through the posting of an Employment Opportunity notice, the
official recruitment process has begun. The recruitment process
may be withdrawn for any position by the Director of Human
Resources.
37.3.1.2 Individuals desiring consideration for employment must submit an
Application for Employment, or a resume to Human Resources.
Employees are encouraged to submit applications for promotional
opportunities. All applicants submitting a resume and granted
~. u/J further consideration shall comp te an Application :
~
T A City of Boynton Beach
37.3.1.3
37.3.1.4
37.3.1.5
37.3.1.6
37.3.1.7
37.3.1.8
37.3.1.9
a.
b.
c.
Employment. Veteran's Preference will be given in compliance
with current legislation.
Applications must be signed by the applicant. Falsification of any
part of the Application for Employment or any related documents
may, upon discovery, lead to the denial of an application,
withdrawal of an offer of employment, or dismissal of the
employee.
All applications and resumes received by departments must be
forwarded to Human Resources.
Applications for employment may only be accepted by the Human
Resources Department when there are current vacancies for a
specified position.
When a vacancy occurs, previously submitted applications and
resumes on file in Human Resources may be considered in addition
to all new applications and resumes received until the established
closing date or until the vacancy is filled.
Applicants for certain classifications may require applicable testing
prior to being given consideration. Human Resources will
administer tests required and ensure that passing scores are attained
prior to forwarding an application to a department for
consideration.
Human Resources shall advise the appropriate Department Head of
the eligible applications.
Upon receipt of the eligible applications, the department should:
Review and evaluate all applications and resumes based on, but not
limited to relative qualifications, knowledge, abilities, skills,
education, experience, and certifications or licenses required in
accordance with current class specifications.
Prepare an interview schedule and conduct interviews. Human
Resources may assist in scheduling, contacting, or co-interviewing of
applicants at the request ofthe department.
Determine which candidate is most suitable for further
consideration and proceed with additional interviews, if necessary.
~~
T A City of Boynton each
65
d. Determine that the applicant pool was sufficient pnor to
recommendation for employment.
37.3.2 Selection, Reference Checks and the Recommendation Process
37.3.2.1
37.3.2.2
37.3.2.3
37.3.2.4
37.3.2.5
37.3.2.6
Once the interview process has determined suitable applicants, the
department shall be responsible for checking references. No inquiry
regarding criminal records, credit history or medical conditions shall
be made at this step ofthe evaluation.
Human Resources may also conduct verifications regarding
academic degrees, previous employers, and character references. All
information provided on the Application for Employment will be
subject to verification as needed.
Once the results of reference checks and other verifications appear
satisfactory, the department will be notified in order that processing
may continue.
The department may then recommend an applicant for employment
and submit the proper forms to Human Resources for processing. If
the Department Director proposes a salary that exceeds the minimum
of the position's pay range, written justification must be included for
consideration of the salary.
Upon receipt of a recommendation for employment and in
conjunction with a tentative offer of employment, a pre-employment
physical will be conducted if applicable; this may include a drug test,
for the applicant. Medical examinations must be satisfactorily passed
to determine fitness to perform the duties of the position. At this step
of the hiring process, Human Resource, with the assistance of the
Florida Department of Law Enforcement (FDLE) shall check the
prospective employee for a criminal record and may obtain,
following the requirements of the Fair Credit Reporting Act, the
prospective employee's credit if required.
After acceptance of an applicant's physical examination and drug test
results, criminal background check and credit check, if required, the
Human Resources Director may authorize proceeding with the hiring
process.
37.3.2.7 It is the City's intent to employ the most qualified applicant best
suited for the position. Current employment with the City is a factor,
but is not, in and of itself, determinative or controlling.
TACi~Of~ 66
tl,#;-~
T A City of Boynton Beach
37.3.3
37.3.3.1
37.3.3.2
37.3.4
37.3.4.1
Employment Acceptance
Employment acceptance must be made by the applicant within
three (3) workdays of the department's employment offer, unless
otherwise extended by Human Resources. If employment
acceptance is declined, the department may consider another
applicant from the recruitment's applicant pool, or the department
may choose to begin a new recruitment. Employment Procedures
shall be followed in either case.
The department must work with Human Resources to determine
the tentative hire date. New employees must provide proof of
eligibility to work in the United States and verification of identity
to the City. Human Resources will forward the necessary employee
paperwork to the Finance Department for payroll purposes.
Orientation
Human Resources shall schedule and conduct a general orientation
program for all new employees to explain the City's history and
organization, to complete benefit program enrollments, and to stress
the use of safe work practices.
Q-,
67
ARTICLE 38
38.0 SAFETY AND HEALTH
38.1 Those employees of the Beach Patrol who are assigned lifeguard duties will be
provided masks or goggles, sunscreen lotion, bathing suits, and winter jackets for
safety purposes. In addition Beach Patrol employees shall receive a wage
allowance of $120.00 per fiscal year, by December 1st of each year, for the
purchase of specialty sunglasses or prescription safety eye wear.
Mechanics will be provided two (2) sets of overalls per year for safety purposes.
The City shall make available immunization shots for tetanus, hepatitis and
diphtheria for all members of the bargaining unit on a voluntary basis.
38.2 Employees who are in positions designated by the Safety Committee will receive
an annual shoe wage allowance of $190.00 for safety shoeslboots payable once,
for each year of this Agreement. New employees who are hired after the shoe
allowance has been paid will receive a pro-rated amount based on the number of
months remaining in the fiscal year.
The City/Safety Committee will be responsible for deciding which positions
require the wearing of safety shoes based on OSHA standards and
recommendations. Management shall determine the type and quality of such
shoes.
Employees who fail to wear proper shoeslboots to work are subject to disciplinary
action.
38.3 The union may participate on the Safety Committee.
Employees in Sanitation who provide Re-cycle, Rear Loader and Vegetation
services, and Water Utilities employees may have need of more shoes each year
than the wage allowance will cover. In this event, the employee must present the
worn shoes and original receipts for shoe purchases in the fiscal year totaling
more than the shoe wage allowance provided in Section 38.2, to his supervisor to
receive approval prior to the City purchasing the employee an additional pair of
shoes.
38.4 The Incident Review Board shall include one representative appointed by the
Union.
~
T A City of Boynton Beach
68
38.5 Commercial Drivers' License (CDL License) Physicals
In accordance with the Federal Motor Carrier Safety Regulations (FMCSR)
employees in position classifications which require a CDL license, and employees
who may hold a CDL license and from time to time perform CDL job functions for
the City due to special circumstances, must be medically examined according to
regulations and be certified with a valid medical certificate, in accordance with the
FMCSR regulations, as physically qualified to operate a commercial motor vehicle.
The cost for the regular physical examination required to maintain a CDL license
will be borne by the City. Any additional expense related to maintaining the license
will be borne by the employee.
~~o~
TA City of Boynton Beach
69
ARTICLE 39
39.0 TOOL REPLACEMENT
39.1 Except in the case of negligence or misuse as determined by the Incident Review
Board, all employees requested to furnish tools for their job shall receive
replacement tools for tools broken in performance of the City's work provided
they furnish the City with a list of their personal tools approved by their
department head.
39.2 Employees who are assigned City provided tools, materials and items of value to
perform their job, and who lose those tools, materials and items of value, shall be
responsible for replacing those lost tools, materials and items of value. Tools
stolen from an assigned City owned vehicle or City property shall be replaced by
the City, if the employee was not negligent in the loss. In the event that the
employee was negligent, as determined by the Incident Review Board, the
employee shall be responsible for the replacement of the lost or stolen tools.
39.3 Fleet Mechanics shall receive an allowance of $750.00 annually to purchase new
tools that are required for the employee to complete his assigned task. The City
shall continue to purchase all required specialty tools and replace lost, stolen, or
broken tools at fair market value. For all other employees, the City shall provide
all necessary tools to those bargaining unit employees required to utilize tools in
their service to the City.
39.4 Payments provided for replacement items under this contract are provided as a
reimbursement and not as a flat payment.
39.5 New hires who are eligible for a tool allowance shall receive a prorated amount of
the annual allowance based on the number of months remaining in the fiscal year.
u~
T A City of Boynton Beach
c--
70
ARTICLE 40
40.0 UNIFORMS
40.1 The City will issue a newly-hired employee the following properly fitted standard
industrial quality uniforms thirty (30) days after starting work:
5 Green short-sleeve or long-sleeve work shirts
5 Green work pants
5 Tee Shirts
1 Jacket (Bi-annually)
Hats as necessary
5 White Polo Shirts (Bus Drivers)
2 Sweatshirts
40.2 Animal Control Officers and Lifeguards shall be issued uniforms in accordance
with the Department Policy. Employees have been furnished a uniform and must
wear their uniform to work. Bargaining unit members are being given a sufficient
number of uniforms to make a neat, clean appearance at work every day.
Bargaining unit members will not be allowed to start work each day unless they
are in full uniform. Employees must purchase additional uniforms if necessary to
comply with this Section unless the uniform is replaced pursuant to Section 6 of
this Article. Only City issued hats and jackets may be worn while on duty,
inclusive of breaks.
40.3 Bargaining unit members agree to maintain the uniforms and to hem the pant
leges) properly (There will be no cutting or ripping of raw, unfinished edges,
rolling up, stapling or scotch taping).
40.4 The City Manager, in hislher sole discretion, may permit employees in certain
classifications to wear shorts. When worn, shorts must be neatly tailored and
hemmed without frayed edges or cuts, and must fall within four (4") inches of the
kneecap. During the term of this Agreement and thereafter, the City Manager in
hislher sole discretion may change the decision made under this Section and the
Union agrees to waive any bargaining over such changes.
40.5 Bargaining unit members will be entitled to a re-issue of properly fitted standard
industrial quality uniforms. Re-issue of uniforms on an annual basis consists of
five (5) work pants and five (5) work shirts, with an option of five (5) T-shirts, for
a total of ten (10) shirts and two (2) sweatshirts annually. (This option is
determined by the employee's needs).
l2t~
T A City of Boynton Beach
71
40.6 Uniforms destroyed or damaged while being worn on the job will be replaced
provided a memo is submitted from the employee to the supervisor outlining the
cause of the damage. All issues being replaced must be turned in for the new
issue and recorded.
40.7 City uniforms are for City job use only. Uniforms shall not to be worn on outside
jobs, be given to non-city employees, or worn while off duty (break periods
excepted), except while the employee is actually traveling to and from work.
Uniforms may be worn while traveling to and from work, provided the employee
does not stop in transit to engage in personal business or activities. Bargaining
unit employees shall not purchase or consume alcoholic beverages while wearing
their uniform.
40.8 The City reserves the right to utilize a uniform servIce for the provision of
uniform apparel.
40.9 When the employee has a medical condition, as identified by the employee's
physician and verified by a City appointed doctor, which prevents the employee
from wearing the standard department uniform, the employee may wear a City
approved alternate uniform. If the medical condition is for an extended period of
time, an updated doctor's note shall be resubmitted every two (2) years.
40.10 Failure to wear the proper uniform will result in the appropriate disciplinary
action in accordance with Article 12. An employee who comes to work in non-
approved apparel will be sent home for the balance of the day and hislher pay will
be docked accordingly unless apparel is unavailable.
~~
T A City of Boynton each
72
ARTICLE 41
41.0 INSURANCE
41.1. Medical, Vision and Dental Insurance
The City shall pay the total medical, vision and dental insurance premium for all
bargaining unit members. The members will pay the full cost of medical, vision
and all but $7.00 of the dental insurance premium for their dependents. Existing
coverage levels and benefits shall remain in effect until at least September 30,
2008. In the event the City changes benefits options for employees after
September 30, 2008, then the health insurance coverage for the employee and
their dependants may be amended from time to time. In this connection, should
the employees' cost to provide dependent coverage for their dependents increase
more than 15 % during any fiscal year, the City agrees to open this Article for the
purpose of bargaining. The review and selection of insurance coverage shall be
made on an annual basis by the City. To that end, the City will form an insurance
advisory committee to be comprised of an equal number of non-represented
members who are appointed by the City Manager and two members from each of
the city's bargaining units. Bargaining unit representatives shall be designated by
the Union. The final decision regarding selection of insurers is reserved to the
City, but the City shall strongly consider input and recommendations from the
insurance advisory committee.
TACi~OfB~~~~
73
ARTICLE 42
42.0 PERSONNEL FILES
42.1 The personnel files for all City employees are maintained by the City's Human
Resources Department. If a request is made to review an employee's personnel
file by someone other than the Department Director, the Human Resources
Department Staff or the City Manager's office, a notice will be sent to the
employee notifying himlher of such a request. Consistent with State law, the City
agrees that upon request, a member shall have the right to inspect hislher own
personnel records and shall have the right to make duplicate copies of hislher
records at no expense. The City will purge personnel files in accordance with
appropriate Florida State Statutes. The employee file maintained by the Human
Resources Department shall be the official file for each employee.
TACi~O~~
74
TASE
CTW,
ARTICLE 43
43.0 TUITION ASSISTANCE PROGRAM
43.1 PURPOSE
43.2
43.2.1
43.2.2
43.2.3
Defines the Tuition Assistance Program, which reimburses eligible employees for
successful completion of approved courses up to a $1,500.00 cap for Associate
degrees, a $2,000.00 cap for Bachelors degrees, and a $3,000.00 cap for graduate
degrees per fiscal year for tuition and books. The City makes no commitment to
employees that advancing their education will result in either a promotion or pay
Increase.
SCOPE
The provisions of this procedure shall apply to all full time employees who
choose to attend an accredited college or university to pursue an approved
degree course.
List of Responsibilities:
A. All full time Employees
B. Division Heads
C. Department Managers
D. Administrative Assistant
E. Human Resources Director
Definitions
43.2.3.1
Full time employee - an employee who has completed one year of
service with the City after hiring or promotion to full time status.
43.2.3.2
Administrative Assistant- Assigned designee who coordinates the
Tuition Assistance Program.
43.2.3.3
Human Resources Director - Assigned person who supervises the
Tuition Assistance Program.
43.2.3.4
CAP - Upper limit on dollar amount that the City shall reimburse.
~~
T A City of Boynton Beach
75
43.3 REQUIREMENTS
43.3.1 Eligibility
43.3.1.1
43.3.1.2
43.3.1.3
43.3.1.4
43.3.2 Application
43.3.2.1
43.3.2.2
43.3.2.3
Applicants shall be full-time employees and meet the following
performance and length of service requirements prior to beginning
classes.
Full time employees who have completed their one-year probation.
Part-time and Temporary Employees shall not be eligible to receive
tuition assistance.
Employees who are bound by a union contract that references a
tuition reimbursement will follow the provisions laid out in their
contract and shall not be eligible under the terms and conditions of
this Tuition Assistance Policy.
Employees must maintain a minimum or comparable rating of
"meets standards" on performance reviews in order to remain
eligible for tuition assistance.
Employees may apply for reimbursement limited to $1,500.00 per
AA or AS, $2,000.00 per BA or BS, and $3,000.00 for graduate
degrees cap per Fiscal Year by completing the Application for
Tuition Assistance form (PDF. 021) available in the Human
Resources department, and on the "S" drive.
Application is restricted to tuition and texts only for approved
courses required in the program.
Approval Cycle: Completed applications for Tuition Assistance
should be submitted by the applying employee to their manager for
approval, then sent through their area signature cycle, including
their Division Director and then to the Administrative Assistant
who will submit it to the Human Resources Director for final
approval.
43.3.2.4 Human Resources Director must approve applications prior to
attending the first class to verify the class is eligible for
reimbursement. Employees who begin classes prior to approval by
those listed on the Approval Cycle will not be reimbursed.
Incomplete applications will be returned to the employee and will
~apProvaL 76
T A City of Boynton Beach
43.3.3
43.4
43.4.1
43.3.2.5
Original receipts for tuition and books should be sent to the Human
Resources Administrative Assistant as soon as they are available.
Reimbursement will not be made without original receipts.
43.3.2.6
Final approval of all Tuition Assistance applications rests with the
Human Resources Director. Job-relatedness as determined by the
City shall factor significantly into the City's decision to approve a
gIven course or program.
43.3.2.7
Once approved, a copy of the application shall be returned to the
employee. This copy should be saved and re-submitted with the
original course grade at the end of the course to the Human
Resources Administrative Assistant. Courses or books that are
rejected from reimbursement shall be noted on the copy.
Selection of courses and schools
43.3.3.1
Tuition Assistance is granted at the City's sole discretion for
individual courses based on course content and job-related factors.
Generally, courses must aid employees to improve performance in
their present job or prepare for advancement within the City. All
courses in a degree program shall not be automatically covered.
Electives must be chosen to provide the greatest benefit for the
employee's current position or a future position within the
organization.
43.3.3.2
Colleges and universities must be accredited by the appropriate
regional accrediting association, and must be included in Florida's
Independent Licensed and Accredited Colleges and Universities
and/or the Directory of Accredited Institutions.
43.3.3.3
Colleges and Universities granting degrees by distance learning
media must be accredited by the appropriate regional accrediting
association, and must be included the Directory of Accredited
Institutions. The availability of courses at a community college or
four-year university in the local area, as well as the ability of the
employee to attend these classes, shall be a determining factor in
approving a correspondence course.
INELIGIBLE COURSES
Certain courses shall be considered ineligible for reimbursement under all
circumstances, even if they are a degree requirement. Examples of these
types of courses are: physical education and sex education classes.
TACi~O~
77
43.4.2 Seminars, of any kind, shall not be reimbursed under the Tuition
Assistance Program.
43.4.3 The Tuition Assistance Program shall not cover classes that earn
Continuing Education Units (CEUs).
43.4.4 Review courses designed to "coach" the participant to improve their
chances in passing a test, such as a CPA examination or college entrance
test (SAT), shall not be covered.
43.4.5 Courses that are graded on a passlfail option shall not be eligible.
43.4.6 Courses that officially began prior to the employee becoming eligible for
tuition assistance shall not be eligible.
43.4.7 Courses issuing credit for "Life Experience" or Portfolios shall not be
covered.
43.5 MATERIALS AND FEES
43.5.1 Eligible for reimbursement.
43.5.1.1
43.5.1.2
One hundred percent (100%) of tuition shall be reimbursed if a
grade of "B" or better is earned. Fifty percent (50%) of tuition
shall be reimbursed if a grade is "C." There shall be no
reimbursement for courses where the earned grade is below "C."
Cost of all required books for which an original receipt is
submitted shall be reimbursed. Employees may be required to
provide documentation that their professor or instructor requires
certain books.
43.5.2
Ineligible for Reimbursement.
43.5.2.1
43.5.2.2
The following fees shall be ineligible for reimbursement: activity,
administrative, application, course change, entrance exams (e.g.,
SAT, GRE, GMAT), graduation, health, laboratory, late
registration, library, parking, registration, transcript, etc.
The following equipment, supplies or miscellaneous costs shall be
ineligible for reimbursement: pens, pencils, folders, notebooks,
study guides, private tutoring, calculators, tape recorders,
photographic equipment or supplies, computer equipment or
supplies, software, etc.
12a~
T A City of Boynton Beach
78
TA
CT ,
43.6 TUITION AND BOOKS
43.6.1 Eligible for Reimbursement
43.6.1.1 The maximum per hour reimbursement will be based on the
current tuition rates at Public institutions in the area, and is limited
to tuition and texts only for approved courses.
43.6.1.2
43.6.1.3
43.6.1.4
The approved copy of the Application for Tuition Assistance form
shall be documentation that the employee is eligible for Tuition
Assistance in accordance with City policy. This approval does not
imply the City will accept responsibility to pay the employees
tuition to the school or any other party.
Tuition and books which are paid by student loans are covered
under this policy. Employees must produce proof of student loan if
they are not the payee on the registration documentation.
Employees will be reimbursed the difference between the amount
covered by non-refundable financial assistance and the total cost of
tuition and books up to the maximum of the amount allowed under
this policy when the cost of tuition and books exceed the limit of
the scholarship or financial aid. Employees must provide proof of
financial aid and or the value of the scholarship
43.6.2
Ineligible for Reimbursement
43..6.2.1
Courses which are covered under any non-refundable financial aid,
including scholarships, and government assistance, are not covered
under this policy. Employees may not submit claims for
reimbursement for tuition or books, which are covered by non-
refundable financial assistance.
43.7 TERMINATED EMPLOYEES
43.7.1 If an employee receives approval for a particular semester and begins
attending classes, but is involuntarily terminated by the City prior to the
completion of the courses, the City may at its sole discretion reimburse the
covered expenses. The course must have already started prior to the
involuntary termination for reimbursement to be paid.
43.7.2 Employees who voluntarily leave their employment or are terminated "for
cause" will be required to reimburse the City 100% of the tuition assistance
received during the 24 month period prior to their termination date.
JLMR
T A City of Boynton Bea~
79
43.8 SUBMISSION OF GRADES
43.8.1 A copy of the approved Application for Tuition Assistance form or a facsimile
shall be re-submitted to the Administrative Assistant along with the original
grade report and any remaining original receipts.
43.8.2 Approved applications will be held for four (4) weeks after the anticipated
course completion date. Grades or receipts not presented by this time shall not
be reimbursed.
43.8.3 Employees will usually be reimbursed for approved courses within four weeks
from submission of the final grade report. All reimbursements shall be paid
by City check.
43.8.4 If a degree is earned, a copy must be submitted to the Administrative Assistant
so that it may be included in the employee's file.
43.9 DISBURSEMENT
43.9.1
Tuition assistance will be granted up to and including available funds in the
budget for the fiscal year. At no time will reimbursements exceed the
available funds in the current fiscal year budget.
43.9.2
Reimbursements will not be retroactive and will cover only those classes
taken in the fiscal year in which they applied.
43.10 RESPONSIDILITY AND AUTHORITY
43.10.1 Management, at all levels, shall be responsible for enforcing this policy within
their area.
43.1 0.2 The interpretation and administration of this policy shall be the responsibility
of the Human Resources Director
43.10.3 The Human Resources Director shall be responsible for the audit, approval,
and processing of tuition assistance applications and reimbursements.
~L
T A City of Boynton Beach
80
ARTICLE 44
44.0 GENERAL PROVISIONS
44.1 The employee shall be allowed to place written responses in their personnel file
and/or departmental work file when those responses relate to material placed into
the personnel file which has been prepared by the supervisors (i.e. reprimands,
written comments).
~
T A City of Boynton Beach
81
ARTICLE 45
45.0 DUES DEDUCTION
45.1 Employees covered by this Agreement may on the prescribed form, authorize
payroll deduction for the purpose of paying the Union dues and/or a uniform
COPE deduction. Employees shall receive copies of the form from either the City
Finance Department or their Union office.
45.2 The Union will initially notify the City as to the amount of dues and/or COPE
deduction. Such notification will be certified to the City in writing over the
signature of an authorized officer of the Union. Changes in Union membership
dues or COPE deductions will be similarly certified to the City and shall be done
at least one (1) month in advance of the effective date of such change. To revoke
the payment of Union dues and/or COPE deductions,- the employee shall go to the
Union office and Union staff shall prepare and mail notice of such change to the
City's Finance Department.
45.3 Dues and COPE deductions shall be deducted each pay period and remitted
monthly and the funds shall be remitted along with a list of employees
contributing to the Treasurer of the Union within fifteen (15) days after the end of
the month. The check for COPE deductions will be submitted to the Union
separately from the check for dues on a quarterly basis. The Union will indemnify,
defend and hold the City harmless against any claims made or suits instituted
against the City on account of payroll deduction of Union dues and/or COPE
deductions.
45.4 For the purpose of putting this article into effect, the Union will furnish forms for
such individual authorization reading as follows:
~
T A City of Boynton Beach
c-----
82
NOTICE TO CITY AND UNION AUTHORIZATION
FOR DEDUCTIONIDISCONTINUA TION OF UNION DUES
I hereby authorize my City to deduct from my salary each pay period my Union
dues, as certified to the City by the Union, and to transmit this amount to the Treasurer of
the Union.
I herby authorize my employer to deduct from my salary each pay period my
COPE deduction of $1.00 per week, as certified to the employer by the Union, and to
transmit this amount to the Treasurer of the Union.
I understand that these authorizations are voluntary and I may revoke them at any time by
giving my employer and the Union thirty (30) days advance notice in writing.
Date
Signature
Job Title
Name Printed
Social Security No.
TACi~O~
83
ARTICLE 46
46.0 PENSION
46.1 Employees will continue to participate in the employees' pension plan of the City
of Boynton Beach Ordinance No. 88-43, as amended. A copy of the plan's annual
actuarial valuation report will be provided to the Union, in its entirety, upon
request from the Union.
TACi~O~
84
ARTICLE 47
47.0 SUBSTANCE ABUSE
47.1 The Union recognizes and supports the City's Drug Free Workplace Policy as
adopted in Ordnance No. 92-51 and will work with the City to enforce the
provisions of the policy. It is recognized by the Union that the City's Drug Free
Workplace Policy applies to all members of this bargaining unit.
~
T A City of Boynton Beach
85
ARTICLE 48
48.0 PROBATIONARY PERIOD
48.1 All newly hired or rehired employees shall be subject to a probationary period of
one (1) year.
48.2 All promoted employees shall be subject to a probationary period of six (6)
months.
~
T A City of Boynton Beach
86
TA
CT
ARTICLE 49
49.0 LONGEVITY BENEFIT
49.1 Employees eligible are those employees who:
a. Have been employed with the City on a regular full-time, continuous basis for a
minimum of five (5) years.
b. Have an overall "Meets Standards" or above rating on the previous employee
evaluation
49.2 Employees will receive a cash Lump Sum Bonus as follows:
. On the employee's fifth (5th) anniversary, a lump sum bonus payment
of $500.00;
. On the employee's tenth (10th) anniversary, a lump sum bonus
payment of$lOOO.OO;
. On the employee's fifteenth (15th) anniversary, a lump sum bonus
payment of$1,500.00;
. On the employee's twentieth (20th) anniversary, a lump sum bonus
payment of $2,000.00;
. On the employee's twenty-fifth (25th) anniversary, a lump sum bonus
payment of $2,500.00;
. On the employee's thirtieth (30th) anniversary, a lump sum bonus
payment of$3.000.00.
. On the employee's thirty-fifth (35th) anniversary, a lump sum bonus
payment of$3,500.00.
. On the employee's fortieth (40th) anniversary, a lump sum bonus
payment of $4,000.00.
49.3 Any pay earned for Longevity Benefits is subject to required Federal deductions.
49.4 Employees who terminate from the City employment prior to their hire
anniversary date will not be entitled to benefits.
TACi~~
-0
87
TA
CT
ARTICLE 50
50.0 SAVINGS CLAUSE
50.1 If any Article or section of this Agreement should be found invalid, unlawful or
not enforceable, by reason of any existing or subsequently enacted legislation or
by judicial authority, all other articles and sections of this Agreement shall remain
in full force and effect for the duration of this Agreement.
~
88
T A City of Boynton Beach
ARTICLE 51
51.0 MODIFICATION OF CONDITIONS
51.1 Changes to City or Departmental rules and regulations may be made by the City
following thirty (30) days written notification to the Union. When pre-
implementation or impact bargaining is requested by the Union, the
implementation date of the change shall be delayed an additional thirty (30) days.
51.2 There are no non-salary (wages or allowance) monetary benefits, including those
established by past practice, except those expressly set forth or incorporated by
reference in this Agreement.
L~~
T A City of Boynton Beach
89
TA
CT
ARTICLE 52
52.0 POSTING OF AGREEMENT
52.1 The City will maintain a copy of this Agreement for inspection in the Human
Resource Department, the City Clerk's Office and every DepartmentlDivision
with blue collar workers.
52.2 The Union agrees to pay the City up to $300.00 to offset the cost of the printing.
Copies of the Agreement will be available for pick-up in Human Resources and
employees will sign for their copy upon receipt. The City will post a copy of this
Agreement, as ratified, on the City's web page.
52.3 The City will provide each new employee with a copy of this collective bargaining
Agreement at the time of their initial orientation.
~
T A City of Boynton Beach
90
ARTICLE 53
53.0 COLLATERAL DOCUMENTS
53.1 This collective bargaining Agreement does not exist in a void. Provisions of the
City's PPM, APM, Departmental Rules, and other policies established by
resolution or ordinance (collectively referred to as collateral documents) are
applicable to bargaining unit members unless the terms of said collateral
documents conflict with the terms of this Agreement, in which case the terms of
this Agreement shall control.
53.2 Nothing herein shall be interpreted to preclude the right of the Union to impact
bargain, subject to applicable law.
TACi~OfB~~
91
ARTICLE 54
54.0 DURATION
54.1 This Agreement shall become effective on ratification by both parties as
prescribed by Chapter 447, Florida Statutes and remain in full force and effect
until September 30, 2009. No wage or benefit provided herein is retroactive in
nature prior to the effective date of this Agreement. Wage and benefit levels
existing on September 30,2009, shall be frozen as of that date and shall constitute
the status quo during any period of negotiations for a successor Agreement.
54.2 In the event of State Legislative enactment which will alter or affect the flow of
revenue to the City during the term of this Agreement, or a budget proposal which
would result in the elimination of bargaining unit positions, the wagelrate of pay
articles of the Agreement may, at the written request of the City, be reopened for
negotiations.
Reopened negotiations shall commence and be concluded within forty-five (45)
calendar days of the date the City gives written notice to the Union of the City's
request to reopen negotiations. If an Agreement is not reached within forty-five
(45) calendar days, the negotiations shall be deemed at impasse and the impasse
issue shall be submitted to the City Commission at the second Commission
meeting following the expiration of the forty-five days (45). The City and the
Union waive the appointment of a special magistrate to resolve the impasse and
agree that the City Commission shall have final authority to resolve the impasse
Issues.
During the negotIatIOns and the impasse process, if any, the base wages of
bargaining unit employees will be frozen at the levels in place at the time the City
requests to reopen negotiations and no subsequent base wage increases will occur
except as thereafter negotiated by the City and the Union, or, in the event the
reopened negotiations do not result in a ratified Agreement, as imposed by the
City Commission through the impasse process.
54.2 A notice of intent to reopen shall be made in writing. The parties will promptly
engage in bargaining the reopened article.
TACi~OfB~
92
TA
CT
Agreed to this fa day of MARCH, 2008 by and between the
respective parties through the authorized representatives of the Union and the City.
SEIU Florida Public Services Union,
CTW, CL
The City of Boynton Beach FL
Confirmed by:
l~J~
Ed Burke, President
SEIU Florida Public Services
Union, CTW, CLC
~~
Kurt Bressner
City of Boynton Beach
Ratified by the Union on the
8 day of~, 2008
Approved by the City of Boynton Beach
on the t q day of Fe b. ,2008
The City and the Union bargaining teams consisted of the following individuals:
City:
Union:
Kurt Bressner, City Manager
James Cherof, City Attorney
Sharyn Goebelt, Dir., Human Resources
Marylee Coyle, Assistant Dir. Human Resources
Michael Low, Deputy Dir. Utilities
Bobby Jenkins, Assistant Dir. Financial Services
Michael Stanley, Chief Negotiator
Michael Osborn, Chief Steward
Shellie L. Sewell, Union Attorney
Jeffrey Mark, Union Steward
Donald Roberts, Union Steward
Kalem Mahdi, Union Steward
~~
T A City of oynton Beach
..-
x
:g
..l.
<(
~
ca
a..
C
o
+:i
ca....
to) C
;;:: CD
.- E
~ (I)
~ e
g~
00)
s;.OC
(.) II) C
ca ~.-
CD ~ ca
m ~ e'
C CD ca
.s:cm
C .- (I)
~.~.~
0-....
mW~
't-fn-
0(1)-
~~8
.- CD ~
U (.) ca
:J=
_ 0
gu
.- CD
.... ::::s
ca_
.~ m
't-
:e 0
CDLL
U
't-
o
....
fn
..J
III
CI.I
-
0
Z
- - .Q-
Q) C 'C o 5
c CI.I !
E .., .-
0 -
... c c.
.... ~.! o .;:
u ftI CI.I - U
Q) c.... 0 III
G) CI.IB., C CI.I
tn 0 -0
-
>- CI.I
.c u
't:I ~ C
ftI
! (3 .5
~ 'E!
C" 0
Q)
a::: Q)
t.i 'C -
:J
:J CI.I ~ -
LL ftI
- - -
~ CI.I ftI UJ
- ...J
Q) ftI CI.I
(J - -
UJ ~
-
III
-
CI.I
;:::
i=
.Q
0
..,
CI.I
C.
~
CI.I
III
C
CI.I
u
:::i
-
c
0
;;
ftI
U
;;::
:e
CI.I
0
~
0)
-
ro
~
E
~
o
en
.!:
0)
e
o
>-
e
<(
>-1Il
;; e
e 0
0):;::::;
~ .-
~ 1Il e
:::J 0 0
o a.:;::::;
~oro
.- e ~
() 0)'-
. _ ~ t
E ro 0)
ro 0) 0
~ ~ 1Il
0) 0) .-
o..c:;;
0..:; 0>
'0 e .!:
0) ro .=
ro '5 g.
-gol!:!
ro~>-
Eo;;
ro e
~~~
ro e ~
- 0 :::J
0000
><
><
><
><
><
><
><
><
>-1Il
;; e
e 0
0):;::::;
t:: 'iij e
:::J 0 0
o a.:;::::;
~oro
.- e ~
() 0) .-
._ ~ t
E ro 0)
ro 0) 0
~ ~ 1Il
g~ ~
0..:; 0)
'0 e .!:
0) ro .=
n;:;~
-gol!:!
rolll>-
Eo;;
0) ~ e
............~
~ e ~
0088
I.C)
....
o
Q)
Cl
t1l
a.
Iii
>< >< c:
u::
>.
<II
a.
t::
Q)
t)
~
0) .E
0) 1il
~
!::.. :.::i
...: 0
- 00 :.::i
.~ ~ ...:- ~
~ ro t::
.9 0) 0) Q)
T5 oX:: oX:: t)
...: ~ e 0) ~ ~
00 0) ro a. 0 0 .!i!
...:- a. I~ 00 ~ ~ '0
.9 0 e 0) 0) 0) t)
- ..c: 0 0 0 Q)
...: ~ e 0 e e e ::>
00 0) 0) 0) ro ro ro CD
...:- a. E l- e e e S.
~ 0) 0 .9- 0) 0) 0) 0) <II
0) 0 - - - a.
'0 oX:: - :::J e e e
~ e e '(ij- "(ij '(ij c:
ro 0 0) 0- ro 0
0) ~ E L.U e ~g> ~ ~ ~
-l 0)
~ ~ a. ~ - 1Il E 1Il 1Il <;:::
.~ e oX:: oX:: oX::
l!:! l!:! ro '(ij ~ E ~ ~ '2
0- 0) ro ._ ro ro Q)
() () L.U I ~ c..,p c.. c.. Y
VI
c:
0
0) :;
1Il e ~
e 0 Cl
0) :;::::; Q)
0 ro e z
::i 0 0 U
e lj:: :;::::; ~
-e ro
0 0 'E
:;::::; 0) lj:: 0
ro () t t)
.!:1 '"
a. e 0) 0
0 () 0 '"
a. :;::::; S)I 0
<( 0 ~ -'"
0) '(ij 0 ~o
~ ~ -
'0 a. a. -co
u. ....-
0) 1Il 0) Ell')
0) e 0::: t)
~ - Z ~'O
~ ~ c:: o Q)
- -
- .<11
0 1Il 0 0 :; >'0
:;::::; 'C li= li= iJj Q) a.
ro 0 ..x:: ..x:: D::::J
:::J .0 0 0
0- ~ ro ro
<( <( CO CO
..- N ('<) "<t
..-
,~
"2
...l.
<(
~
ca
0-
C
o
..
ea...
to) C
&i: CD
:e E
CJ) CJ)
o ~
00)
0<(
.
00)
.cOC
to) II) .-
ea ~.=
CD ... ca
m.E ~
C CD mea
0-
....a
C .- CD
~.~.~
0-'"
mW~
\t-U)-
OCD-
~~8
.- CJ) ...
o (.) ea
:.r.=
_ 0
co
.2 CD
... :::::s
ca_
.~ m
\t-
:e 0
CDU-
o
\t-
o
...
.!!!
-I
-
CI)
c:
o
-
CJ
CI)
Q)
'"
-
>-
.c
"
CI)
...
~
C"
CI)
a:::
o
:J
-
~
CI)
o
II)
Q)
-
o
Z
....
c:
Q)
E
Q)
~
0
1Il 1Il '0
c:
~ ~ UJ
.c .c ...
Q)
~ ~ ~
c:
c: c: ro
... ..... l-
E E .c
....
'0 '0 '~ '0
,~ ~ ~
CD .....
::J ::J -JJ!:!
0- 0-
Q) Q) Cl ~
0::: 0::: Oa.
>< >< >< >< >< >< >< >< ><
>< ><
.....: Q)
en Q)
.....
,!i t:.. .....: .....:
c: .... .... en en
ro ,~ ,~ .: a> .:
.c ro ro ..... .....
u Q) Q) Q) Q)
Q) '0 '0 ~ ~ .... ~ ~
1Il
~ Q) Q) ..... ..... ro ..... ...
0 0 0 0
a. a. ~ ~ ~ ~ ~
Q) en en
u Q) Q) Q) Q) :2 Q) Q)
c:
ro u u u u 0 u u
c: c: c: c: c: c:
c: ro ro ro ro ~ ro ro
Q)
.... c: c: c: c: ..... c: c: .....:
c: Q) Q) 2 Q) Q) Q) en
'n; .... .... .... Q) .... ....
..... c: c: c: c: ~ ..... c: c: C
~ Q) .-...-. .- 'n; 'n; ..... Q) 'n; 'n;
roc:ro........ 0 ro
en > ~ ,Q ~ g> ~ ~ ~ > ~ ~ '0
'C 'C
.~ Cl 1Il ro 1Il 'E 1Il 1Il ~ Cl 1Il 1Il 'C
;g ~ Cl ~ ~ ~ ~ ~ ....
1Il 1Il U
ro'E ro,~ ..... ..... ~ ..... ..... Q)
::J ::J ro ro ::J ro ro
CD CD Cl.::::::;..Cl.~ Cl. Cl. 0 CD Cl. Cl. UJ
Q) Q)
~ ....
u ro c:
c: ..... Q)
ro CD E
c: ..... Q)
Q) <i:
.... 1Il
c: .....
'n; cc:s 0
..... '0
~ Q) c:
Q) Cl UJ
..... a. c: ..... .....
0 ro Q) Q) Q)
.... 1Il ~
U U ....
~ 1Il 1Il c: 1Il
'0 ro .... ro ro
.... Cl. I- ~
c: c: c:
0 ro c: .c Q) .c C
0 -J .... E ....
ro '~ '~ ro
en '0 '0 Q) '0
,~ Q) ,- CD 1Il CD
~.E ..... 'C
;g 0::: 1: u -J -J 0 -J t5
::J Cl. Q) Q) Cl Cl-g Cl Q)
CD 0 01- 0 OUJ 0 UJ
0 ..-
LO (0 t- eo (j) ..- ..-
-
C"C
Q) e
E ...
t::,!
a.e
Q)D..
o
,g-
O 5
.., .-
-
c Co
0''::
_ U
o II)
c Q)
-0
Q)
u
~;
.- c
(.) .-
'E
o
-
Q)
'0 -
Q) :J
LL~~
"Q)ftI-
_....(/)
:l .s
(/) en
-
-
II)
a;
;::
j::
,g
o
..,
Q)
Co
~
Q)
II)
c
Q)
u
:J
-
c
o
;
ftI
U
Ii:
:e
Q)
(.)
10
-
o
N
Q)
Cl
Cll
c..
(ij
c:
u::
>.
111
0-
1::
Q)
()
....
.E
u;
::i
o
::i
o/l
1::
Q)
()
~
"5
()
Q)
:::J
g:!
>-
111
0-
c:
o
~
""
:e
Q)
5J
IJl
c:
o
:;
:s
Cl
Q)
z
t5
e!
'E
o
()
,....
o
o
!)I
o
o/l
u.
()
Z
~
:;
cij
,....
o
-,....
;:e
-00
'<t_
ElO
....'0
o Q)
- -
,111
>'0
Q) a.
c:::::>
T""
x
~
...J..
<(
>.
ns
D-
c
o
+:i
ns....
u C
it: 0)
.- E
~ 0)
~ e
00)
0<1:
QO)
.eOC
U) .-
~~.=
0) ... ns
"'^oo)
....'1-...
C CJ) ns
.s:cm
s:: .- CJ)
>. .2' .~
0-....
mW~
'1-0_
00)-
~~8
.- 0) ...
o .~ .!!
...J-
_ 0
CO
o
+:i CJ)
ns.:
Um
it:
~ 0
CJ)LL
o
'I-
o
....
.!!!
...J
-
CD
C
o
-
u
CD
Gi
fI)
-
>.
.a
"C
CD
...
:;,
0"
CD
Et:
c.i
:J
-
~
CD
(J
III
Q)
15
z
-
c'1::J
Q) f
E ...
~.!
a.f
Q)D..
o
,g-
o 5
-, .-
-
c c.
o 'C
_ u
o III
C Q)
-0
Q)
u
~;
(3,5
'E
o
-
Q)
'1::J -
Q) :J
u..~-;
-co-
S...Jen
co Q)
- -
en ~
><
-
III
Q;
..
i=
,g
o
-,
Q)
c.
>-
I-
Q)
III
C
Q)
u
:J
-
c
o
..
co
u
;;::
:e
Q)
o
...:
(/)
...:
Q)
-c
tV
Q)
...J
~
~
l)
<(
(/)
(/)
!;;:
...:
Q)
OJ
OJ
tV
u::
N
T""
><
...:
(/)
...:
Q)
~
"-
o
~
~
l)
><
"-
o
-
tV
"-
Q)
0-
o
-
e:
Q)
E
0-
:::l
0-
UJ
e:
o
+:;
tV
U
~
:.e
Q)
u
~
tV
-
e:
:::l
"5
>
tV
>-
:;::;
e:
~
"-
:::l
l)
><
>< ><
e:
tV
:~
e:
L:
u
Q)
I-
g
:52
"-
tV
:E
~
e:
,21
(/)
-
.!a
(ij
"- '(3
o Q)
t) 0-
Q)(/)
O-Q)
III U
e: e:
- tV
(ij e:
- Q)
e: -
Q) ,~ ........
E tV e:
e: :E ,Q
e III ii:i
.;:; ~ ,Ql
e: tV t:
UJa..~
e:
o
+:;
tV
U
~
:.e
Q)
l)
-
e:
Q)
E
-
tV
~
-
~
a..
(ij
';::
-
III
:::l
-c
e:
('f)
T""
e:
tV
:~
e:
L:
U
Q)
l-
e:
o
+:;
tV
,Q1
"-
"-
..,.
T""
><
,~
e:
tV
L:
U
Q)
:E
-
Q)
Q)
u::
e:
o
+:;
tV
U
~
:.e
Q)
l)
UJ
(/)
<(
"-
Q)
-
III
tV
:E
1.0
T""
><
...:
(/)
<5
'c
tV
L:
U
Q)
:E
-
Q)
Q)
u::
><
,~
e:
tV
L:
U
Q)
:E
Q)
U
e:
tV
e:
2
e:
'(ij
:E
OJ
e:
:Q
:::l
co
ij
e:
Q)
!
E
o
l)
~
:::l
o
l)
co
a..
I
"-
2
e:
'(ij
a..
co
T""
e:
o
~
~
:.e
Q)
U
~
.l9
e:
:::l
"5
>
tV
>-
:;::;
e:
Q)
"-
"-
:::l
l)
><
><
,~
e:
tV
L:
U
Q)
:E
Q)
U
e:
tV
e:
Q)
-
e:
'(ij
:E
OJ
e:
:Q
:::l
co
1)'
e:
Q)
-
Q)
0-
E
o
l)
~
:::l
o
l)
co
a..
I
"-
Q)
.c
E
.2
a..
t--
T""
1.0
-
o
(")
Q)
Cl
l1l
0..
Iii
c
Lt
>.
<II
Cl.
1::
Q)
<..>
III
e:
o
+:;
'00
8-
-
e:
Q)
E
t::
~
Q)
Cl
III
Q)
E
+:;
:::>
~
<(
~
.E
iii
:::i
o
:::i
oil
1::
Q)
<..>
~
(5
<..>
Q)
:;,
$i
>.
<II
Cl.
c
.Q
~
I;:::
:e
Q)
y
III
c
,Q
~
'0
Cl
Q)
Z
1:)
~
1:
o
<..>
.....
o
o
SlI
o
oil
u.
<..>
z
0::
:;
iJj
.....
o
-.....
;:e
-co
'<t_
ELt)
~"O
o Q)
- -
.<11
>"0
Q) a.
C:::::l
e:
o
+:;
tV
U
~
:.e
Q)
l)
"-
Q)
-
tV
~
E
"-
o
en
co
T""
..-
,~
'0
r::
~
<(
~
ca
Q.
C
o
+:i
ca+'"
U C
ii: (I)
.- E
~ CI)
~ ~
00)
0<1:
00)
"cOC
II) .-
~ ~.=
CI) ... ca
m ~ ~
C CI) ca
.s:cm
C .- CI)
~.~.~
o-+'"
mW~
'too tn_
0(1)-
~~8
.- CI) ...
o .~ .!
...J-
_ 0
CO
o
+:i CI)
ca~
Um
ii:
:e 0
(l)u..
o
'too
o
+'"
.~
...J
II)
CP
'0
z
- - ,Q-
CI) c " o g
c CP l!
E .., .-
0 -
... c c.
- t:,! o 'i:
U CIS CP - U
CI) c.... 0 II)
"i CPo.. c CP
rn 0 -0
-
>. CP
,g U
"C ~;
CI) .- c
... 0'-
::s 'E
C" 0
CI)
0:: 'i'
U " -
=
:::i CP -
LL ~ CIS
- - -
t:: CP CIS U)
- ..J
CI) CIS CP
0 - -
U) en
-
en
Q)
..
i=
,Q
0
..,
CP
C.
~
CP
II)
C
CP
u
:::i
-
c
0
..
CIS
U
l;:::
:e
CP
0
><
....:
C/)
..:
Q)
'0
ro
Q)
...J
~
o
<(
C/)
C/)
~
c
ro
'[5
'c
s:::,
<.)
Q)
l-
e
......
c
o
()
<.)
IE
ro
....
I-
m
..-
><
....:
C/)
..:
Q)
.::.:.
....
o
~
~
o
><
><
><
....
o
......
ro
....
Q)
a.
o
Q)
~
c
...... ......
,!Q .!Q
cco co
ro '0 '0
'0 Q) Q)
'c a. a.
s:::,C/) C/)
<.) Q) Q)
Q) <.) <.)
I- c c
~ ro ro
c' c c
:.i22 2
.... c c
ro '(ij '2 '(ij --.
:::E:::E ,Q:::E ~
<<l lJ) 1i5 lJ) 'E
=. ~ ,Ql ~ E
,~, ro l::: ro ,_
C/)a.:::::..a.~
......
c
Q)
E
a.
'5
0-
W
Q)
'0
'0
+::
lJ)
Q)
a.
~ Q)
c lJ)
Q) C
E Q)
ro ,!J
c...J
o l!?
'0.9
c ~
ro ,_
'to.
:J a.
1-<(
o
N
><
><
....:
C/)
..:
Q)
.::.:.
....
o
~
Q)
<.)
c
ro
c
Q)
......
c
'(ij
:::E
lJ)
.::.:.
....
ro
a.
c
o
+::
ro
<.)
ij::
t
Q)
<.)
~
J9
c
:J
o
>
ro
>.
:;::;
c
Q)
....
....
:J
()
10
-
o
~
Q)
Cl
ctl
c..
><
><
Cij
c
u:
>.
co
a.
t
Q)
t.)
....
Q)
.::.:.
....
o
~
Q)
<.)
c
ro
c
Q)
......
c
'(ij
:::E
lJ)
.::.:.
....
ro
a.
lJ)
c
o
+::
'00
g
~
.e
1;;
:::i
t.l
:::i
o/l
t
Q)
t.)
~
'0
t.)
Q)
::J
en
s.
co
a.
c
,Q
~
l;:::
:e
Q)
~
III
c
,Q
]!
'0
Cl
Q)
z
tl
~
C
o
t.)
"-
o
o
~
o
o/l
u.
t.)
z
0::
~
i.tj
"-
o
;:e
-ClO
"It_
E~
o Q)
- -
,co
>'0
Q) a.
0:::::>
......
c
Q)
E
t
a
Q)
o
lJ)
Q)
:e
+::
::l
~
<(
c
o
+::
ro
<.)
ij::
t
Q)
()
c
,Q
t5
~
o
()
....
Q)
......
ro
~
Q)
ii)
ro
~
T""
N
T""
,~
-0
c;
-L
<(
~
ca
a..
c
o
+:i
cu.....
(.) C
it: CJ)
.- E
~ Q)
~ ~
oen
0<C
den
.coc
II) .-
(.) C
cu~.-
CJ) ... ca
m ~ e'
c CJ) cu
.s::cm
c .- Q)
~.~.~
0-.....
mW~
'to-tn-
oQ)-
~~8
.- CJ) ...
o (,) ca
::i=
_ 0
go
.- CJ)
..... j
cu_
.~ m
'to-
~ 0
Q)U-
o
'to-
o
.....
tn
.-
-I
Q)
c
o
-
u
CI)
Gi
fI)
-
>.
.c
"CI
CI)
...
:;,
C"
CI)
l:t::
U
:J
-
~
CI)
()
In
CI)
'0
z
-
C"C
CI) e
E ...
1:: CI)
co';
Q....
C1)Q..
o
,g-
o 5
, .-
-
C Q.
o .;:
_ u
o In
C CI)
-0
CI)
C,)
~;
.- c
(,) .-
"C
...
o
-
CI)
"C -
CI) ::s
LL~'tG
-co-
's..,J(I)
co CI)
- -
(I) en
-
-
In
-
CI)
';
j::
,g
o
,
Ul_
Q) 0 Q) 3=
>-~Ulg~5
cu.Q.9:!O()+:i
E a.a.Q) _~
. - E E Ul ...: 0
5Q)~~OO....J
+:i.....Q)u --0
cu 0 ,- ~ c
u;;cQ;ocu
L;::: 0 0 ..... > -
:e 0 +:i '5 > ...:
Q)N~ 0-3=00
u c ,- Q) Q) -
~'~ ~ ~ U ~ Ul
c.9~5Q)m5
::JcuQ)3=-g....J+:i
(5 -g 10 +-' (3 3= '00
~ cuE 3= ~ ,~ ~ ~
>- ,~-; ~ () iii
:;::;Q)c>c+-,....;-=
~ E ,~ ,Q ~ Q) ,~
.....o~:!:c-oQ)
:;uOUlCUCUa.
()~3=~E~oo
CI)
Q.
~
CI)
In
C
CI)
C,)
:.:J
-
c
o
:;
co
C,)
Ii:
1::
CI)
(,)
><
Ul
C
o
+:i
'00
8-
+-'
C
Q)
E
-e
~
Q)
o
Ul
Q)
~
+:i
:J
~
<(
Q)
Ul
C
Q)
u
:.:J
c
o
+:i
::J
.0
'c
+-'
Ul
i:5
.....
Q)
+-'
cu
~
N ('I)
N N
><
Q)
Ul
C
Q)
u
:.:J
+-'
C
co
0::
+-'
C
Q)
E
+-'
cu
~()
I-~
.....
Q) -
roal
~<(
><
,~
c
cu
~
u
Q)
::2
Q)
u
c
cu
c
Q)
+-'
C
'ffi
::2
~
+:i
:J
LO
-
o
LO
Q)
Ol
tll
ll..
><
Cii
<:
u:
>.
III
c..
t:
Q)
()
...:
00
,!:i
c
cu
~
u
Q)
::2
Q)
u
c
cu
c
2
c
'ffi
::2
~
+:i
:J
~
.E
1ii
::;j
o
::;j
cI:l
t:
Q)
()
~
(5
()
Q)
:::I
CD
S-
III
c..
<:
o
~
I;:::
t
Q)
Y
Ul
<:
o
i
'0
Cl
Q)
Z
t)
~
'E
o
()
.....
o
o
~
o
cI:l
u.
()
~
;;
iJj
.....
o
2Q
-exl
...,.-
E~
S~
. III
>"0
Q) Q.
O::::::l
c
cu
'(3
'c
~
u
Q)
I-
Ul
Ul
Q)
U
o
.....
a.
.....
2
cu
~