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Blue Collar 2009-2010 ;2/() ,() If / COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND SEIU FLORIDA PUBLIC SERVICES UNION, CTW, CLC BLUE COLLAR BARGAINING UNIT October 1,2009 to September 30, 2010 4? T~UC s.mce, Urnoo T A City of Boynton Beach CTW, CLC TABLE OF CONTENTS ARTICLE PAGE ARTICLE 1 ......................................................................................................................... 5 1.0 PREAMBLE............................................................................................................ 5 AR TI CLE 2 ......................................................................................................................... 6 2.0 RECOGNITION...................................................................................................... 6 ARTICLE 3 ....................................... ............................................................ ...................... 7 3.0 RIGHTS OF EMPLOyEES.................................................................................... 7 AR TI CLE 4 ......................................................................................................................... 8 4.0 MANAGEMENT RIGHTS .....................................................................................8 ARTICLE 5 ........................................................................................ ...............................10 5.0 STRIKES...............................................................................................................l 0 ARTICLE 6 ..................................................................................................................... ..11 6.0 NON DISCRIMINATION .................... .................................................................11 ARTICLE 7 ....................................................................................................................... 12 7.0 REPRESENTATION OF THE CITy................................................................. ..12 ARTICLE 8 ...................................................................................................................... .13 8.0 UNION REPRESENT A TION.......................................... ........... ...... .................. ..13 ARTICLE 9 ...................................................................................................................... .15 9.0 COLLECTIVE BARGAINING ......... ...... ........................ ................. .................. ...15 ARTICLE 10 .................................................................................................................... .16 10.0 UNION TIME POOL................................................................ ............................ 16 ARTICLE 11 ............ ................................................ ....................... ................................. .17 11.0 BULLETIN BOARDS.......................................................................................... .17 ARTICLE 12 ................................................................................................................... ..18 12.0 PROGRESSIVE DISCIPLINE ........................................... ................. ...... ............18 ARTICLE 13 .................................................................................................................... .29 13.0 GRIEVANCE AND ARBITRATION PROCEDURES........................................29 ARTICLE 14 ..................................................................................................................... 3 3 14.0 BASIC WORK WEEK AND OVERTIME............................. .............................. 3 3 ARTICLE 15 ..................................................................................................................... 3 5 15.0 TASK ASSIGNMENT - SOLID W ASTE............................................................35 ARTICLE 16 ..................................................................................................................... 3 7 16.0 WORK BREAKS.................................................................................................. 3 7 ARTICLE 17 ..................................................................................................................... 38 17.0 CO MPENSA TORY TIME.................................................................................... 3 8 ARTICLE 18 ................................:.................................................................................... 39 18.0 WAGES................................................................................................................. 39 ARTICLE 19 .................................................................................................................... .40 19.0 PROMOTIONS, RECLASSIFICATIONS, TRANSFERS & DEMOTIONS.......40 ARTICLE 20 ................................................................................................................... ..43 20.0 STANDBY & CALL BACK PAY ........................................................................43 ARTICLE 21 ..................................................................................................................... 45 21.0 W RKING IN A HIGHER CLASS..~....................................4~ TA City of ton Beach TA SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement ARTICLE PAGE ARTICLE 22 .................................... .................................................................................46 22.0 EMPLOYEES ASSIGNED TO TRAINING DUTIES .........................................46 ARTICLE 23 ..................................................................................................................... 47 23.0 EMERGENCY PAY POLICy...................................................... ........................ 47 ARTICLE 24 ..................................................................................................................... 48 24.0 CER TIFICA TION PAy..................................................................... .................. .48 ARTICLE 25 ..................................................................................................................... 49 25.0 SICK LEA VE ........................................................................................................ 49 ARTICLE 26 ..................................................................................................................... 51 26.0 WORKERS COMPENSATION ............................... ................. ........................... 51 ARTICLE 27 ..................................................................................................................... 53 27.0 LIGHT DUTY ...................................................................................... ................. 53 ARTICLE 28 ..................................................................................................................... 54 28.0 V ACA TION .......................................................................................................... 54 ARTICLE 29 ..................................................................................................................... 57 29.0 BONUS HOURS AND BONUS INCREASES ....................................................57 ARTICLE 30 ..................................................................................................................... 5 8 30.0 HOLIDA YS ........................................................................................................... 58 ARTICLE 31 ..................................................................................................................... 59 31.0 COMP ASSIONA TE LEA VE................................................................................ 59 ARTICLE 32 ..................................................................................................................... 60 32.0 MILIT AR Y LEAVE .......................................... .................................. ..................60 ARTICLE 33 ..................................................................................................................... 61 33.0 LEA VE OF ABSENCE ....................... ........................ ................. ........................ .61 ARTICLE 34 ..................................................................................................................... 62 34.0 UNAUTHORIZED ABSENCE............................................................................. 62 ARTICLE 35 ..................................................................................................................... 63 35.0 JURY DUTy......................................................................................................... 63 ARTICLE 36 ..................................................................................................................... 64 36.0 SENIORITY, LA YOFF & RECALL...... ............................. ................................. 64 ARTICLE 37 ..................................................................................................................... 66 37.0 RECRUITMENT AND SELECTION................................................................... 66 ARTICLE 38 ..................................................................................................................... 67 38.0 SAFETY AND HEALTH...................................................................................... 67 ARTICLE 39 ..................................................................................................................... 69 39.0 TOOL REPLACEMENT....................................................................................... 69 ARTICLE 40 ..................................................................................................................... 70 40.0 UNIFORMS........................................................................................................... 70 ARTICLE 41 ..................................................................................................................... 72 41.0 INSURANCE........................................................................................................ 72 ARTICLE 42 ..................................................................................................................... 73 42.0 PERSONNEL FILES............................................................................................. 73 ARTICLE 43 ..................................................................................................................... 74 43.0 ITION ASSISTANCE PROGRAM ~........................................7: oynton Beach T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement ARTICLE PAGE ARTICLE 44 ..................................................................................................................... 75 44.0 GENERAL PROVISIONS.................................................................................... 75 ARTICLE 45 ..................................................................................................................... 76 45.0 DUES DEDUCTION ...................... ....................................................................... 76 ARTICLE 46 ..................................................................................................................... 78 46.0 PENSION .............................................................................................................. 78 ARTICLE 47 ..................................................................................................................... 79 47.0 SUBSTANCE ABUSE.......................................................................................... 79 ARTICLE 48 ..................................................................................................................... 80 48.0 PROBA TIONAR Y PERIOD................................................................................. 80 ARTICLE 49 ..................................................................................................................... 81 49.0 LONGEVITY BENEFIT....................................................................................... 81 ARTICLE 50 ..................................................................................................................... 82 50.0 SA VINGS CLAUSE .................. ...... ................... .................................................. 82 ARTICLE 51 ..................................................................................................................... 83 51.0 MODIFICATION OF CONDITIONS .... ...... .................. ....................................... 83 ARTICLE 52 ..................................................................................................................... 84 52.0 POSTING OF AGREEMENT............................................................................... 84 ARTICLE 53 ..................................................................................................................... 85 53.0 COLLATERAL DOCUMENTS........................................................................... 85 ARTICLE 54 ..................................................................................................................... 86 54.0 DURATION .......................................................................................................... 86 TA Ci~ton Beach ~vJ 4 T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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. TA City o~ton Beach O~ 5 T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 (PERC). 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 PERC, the unit recognized by the PERC shall control. YJz (~ 6 T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 ~ton Beach TA ~"'ice' Union 7 CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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. To determine the Organizatio~~nt. 8 oynton Beach T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 of the 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, 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. T A City o~ton Beach ~ 9 T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 Art,cle. ! T A City Of~ Beach ,~d.. SeMce, Union 10 CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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. T A City o~ton Beach ~ 11 T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement ARTICLE 7 7.0 REPRESENT A TION 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. T A City Of~n Beach ~ 12 T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement ARTICLE 8 8.0 UNION REPRESENTATION 8.1 The City agrees to recognize the Union's officers and six (6) 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 (3) 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 six (6) 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, 9.2, or to meet with the representatives of the City for gnevance 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 transferred from steward to steward. Stewards may be released without payor they may use accrued vacation time, but in either event, only at the discretion of the department head (or designee), whose approval shall not be unreasonably withheld and when releasing such employee does not adversely effect the on- goi g day to day operations in any department. Addit1lal hours may be used, (j~,- ' 13 T A City 0 Bo ton Beach T A SEIU FI rida PublIc ServIces Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 o~ Beach TA ~ld.",ice' Union 14 CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 four (4) 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. lIz ~ 15 T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 hours (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, Human Resources Director 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. YJ; ~ 16 T A City o('Boynton Beach T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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. T A City lstn Beach ~ 17 TA SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 pnor 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 onlyapp 0 riate measure. ~ 18 T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 on the job 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 per rming work related duties etL#w 19 T A SEIU Florida PublIc Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement b. Habitual extension of lunch period or break period c. Habitually late for work without valid reason d. Smoking in prohibited areas e. Unauthorized solicitation, posting of material or non-productive behavior This chart outlines the usual progression options for occurrences of misconduct. If serious misconduct or extreme misconduct has occurred previously, there will be faster progressive action. OFFENSE TYPE 1ST 2ND 3RD OCCURRENCE OCCURRENCE OCCURRENCE Misconduct Written Counseling Written Reprimand Suspension Without Payor Dismissal SERIOUS MISCONDUCT 1. Violation or disregard of City Safety Policy & Procedures, including: a. Continued misuse of equipment or negligence resulting in injury to self, others or damage to City equipment or property b. Horseplay potentially hazardous to life or property c. Unauthorized 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. Insubordination, meaning the failure to recognize or accept authority of a supervIsor 3. Abuse of departmental procedures and work rules, including: a. Sleeping on the job b. Absent without calling in to department within thirty minutes before the shift start time. c. Disrupting or hindering departmental operations d. Failure to work required overtime assignments, special hours, special shifts or unavailability during stand-by status e. Outside employment which conflicts, interferes with or otherwise hampers the performance of the employee in his/her City job 4. Inefficiency or Incompetence a. The inefficiency or incompetence in the performance of assigned duties may result in demotion or disciplinary action up to and including termination. !,~es of poor performance ~ to provide responsi~~ T A City of Boyn 0 each T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement courteous, high quality customer service or repeated failure to support team goals and contribute to team success. b. Refusal to perform assigned duties and responsibilities. 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".;-or "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 occurrences of serious misconduct. If misconduct or serious misconduct has occurred previously, there will be faster progressive discipline. OFFENSE TYPE 1 ST 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 2. 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. Su pension or revocation of any required job related license or certifications. (l~ 21 T A City of Boyn on Beach T A SEIU FlOrIda Pub IC ServIces Umon CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 druglalcohol 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. :2& ~ 22 T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 12.3 PROCEDURE FOR DISCIPLINARY ACTION 12.3.1 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. 12.3.2 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 Counseling and Written Counselingwill not be subject to administrative review by Human Resources. Administrative investigations shall be conducted expeditiously. 12.3.3 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. 12.3.3.1 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. 12.3.3.2 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. 12.3.3.3 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 moo:r &s.yee' s record. 23 ton Beach T~EIU F orida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue ColJar agreement 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. 12.4 TYPES OF DISCIPLINARY ACTION A. WRITTEN COUNSELING - Consists of the immediate supervisor warning the employee to correct or improve performance, work habits or behavior and counseling the employee on improvement expected. Written Counseling serves as a warning against further repetition of employee behavior. Further 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 his/her 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 Human Resources for retention in the employee's records, with a copy provided to 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 impro~nts, a follow-up discussion ~t ~Signated time period C{ 24 T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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. 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 regard to the demotion. 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. )p ~ 25 T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 (2) 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 and the documentation upon which the Department Director relied in formulating said recommendation. An explanation of his/her 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 13 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 his/her Department Director. Employees may submit comments for inclusion in their personn~ A~ 26 TA City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement Probationary employees who have not successfully completed the established probationary period shall be subject to dismissal without cause, after review by Human Resources. 12.5 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 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/her 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 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. 12.6 EMPLOYEE APPEALS - GRIEVANCES 12.6.1 Probationary employees shall not have the right to appeal or grieve any type of disciplinary action. 12.6.2 Regular employees may appeal to an arbitrator a discipline greater than a suspension without pay of more than one (1) work day using the same procedure for arbitration as is set forth starting in Step 3 of Article 13 (grievance article) shall have just cause appeal and grievance rights as outlined in Article 13 of this Agreement. 12.6.3 Regular employees may not grieve a one (1) day suspension. Regular employees may respond to disciplinary actions for suspensions with or without pay of one (1) workday or less by requesting 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. T A City 4ynton Beach ~ 27 T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 12.7 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 12.8 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 OfBi Beach ~ 28 T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 his/her 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 GRIEV ANCE 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: ~ 29 T A SEIU F orida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 of 8:00 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 ofthe Department Director'sIDesignee'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. O~ 30 T A sEfu Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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. He/she 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 his/her 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 his/her 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. TA City of'dC::Beach ~ce,union 31 CTW, CLC SEIU Florida Public Services Union Blue Collar agreement' 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 of a 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& ~ 32 T A City of Mynton Beach T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 work week. In the event that an employee chooses to do so, and it can properly be scheduled, his/her days off 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. TA City o~n Beach ~ 33 T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 718 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. T A City ~ton Beach -~ 34 T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 assign the employee covering the shift 48 hours in advance. T A City ~~ton Beach {{~ 35 T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 . When a City observed holiday falls on an employee's scheduled work day, the employee will receive eight (8) hours holiday pay at straight time. . When an observed holiday falls on an employee's non-scheduled work day, it will be treated as a floating holiday and eight (8) hours will be added to the employee's vacation leave bank. . Task employees may not use emergency vacation hours on a holiday. 15.2.2 In addition to receiving holiday pay Solid Waste employees shall receive pay for hours worked at straight time when required to work on a holiday. 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 of pay. 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 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. Y$ ~ 36 T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement ARTICLE 16 16.0 WORK BREAKS 16.1 Employees shall receive a one-half hour (~) or one (1) hour unpaid lunch period. 16.2 Employees working in Division 28 11 (Public Water Treatment) will not receive an unpaid lunch break and are required to remain at their normal work stations for the duration of their shift. 16.3 Employees shall receive two (2) fifteen (15) minute paid breaks each day. 16.4 Abuse of break time is grounds for progressive disciplinary action. 2& ~ 37 TA City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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. ~f C\~ 38 T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement ARTICLE 18 18.0 WAGES 18.1 Wages shall remain at their current level and shall not increase for the duration of this agreement. .xv rJ2~ 39 T A City of Boynton Beach T A SEIUt10rida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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: + 10% 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 oftwo 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): + 10% 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 mid-point of current grade ~ T A city-';~ton Beach T A SEIU Flodda Public S"",ic", Union 40 CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 result 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 City Manager. TA City~ton Beach ~ce,union 41 CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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. TA City OfB~each ()~ 42 T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement ARTICLE 20 20.0 ST ANDBY & CALL BACK PAY 20.1 STANDBY PAY 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 duty assignment is made in writing by a department director or his/her designee who requires an employee on his/her 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. An employee who works a minimum of four (4) hours in a work day may be placed on standby for that day. 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 ~ OY1ad 43 T A City of oynton Beach T A SEIU Florida Public ervices Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement spent on standby does not count as time worked for calculation of hours worked in a workweek or for overtime purposes. 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 his/her regularly scheduled work time, shall be paid the actual time worked at time and one half or 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 (11/2) times his/her 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. ~ ~ 44 T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 his/her 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 perform that work without a 5% increase in payor the minimum of the higher classification. TA City~ton Beach T~/;:!::!::!:.ice' Union 45 CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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. ~ ~ 46 T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 or the most current City Emergency Ordinance. ~0 a~ 47 T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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, his/her 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. 24.4 The foregoing benefit addressed in this article is suspended for FY 09/10. T A City Of~n Beach (!2ftvJ 48 T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement ARTICLE 25 25.0 SICK LEAVE 25.1 An employee shall notifY his/her immediate supervisor or designee, in a manner provided for by management, of his/her illness no less than one half (1/2) hour before his/her 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 his/her supervisor of the length of time helshe will be absent. 25.2 Sick leave will be granted upon approval of the Department Director/Designee for the following reasons: A. Employee's health, or up to 40 hours 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. See 25.7.2 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 12-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 at 50% 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, disability retirement, or early retirement as defined in the appropriate Pension ~ CL~'\~ 49 T A City 0 Boynton Beach T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 his/her 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 can affect performance appraisal. ~ ~ 50 T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 his/her worker's compensation check and his/her 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 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 his/her regular hourly wage, to the extent that his/her combined sick leave or vacation leave, and worker's workers' compensation benefits equal his/her 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. ~ 51 T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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. tls AUtvJ 52 T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 he/she has a full release to return to work from his/her doctor. ~ ?t_QJJ11~ 53 T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement ARTICLE 28 28.0 VACATION 28.1 Each full time employee shall earn vacation leave as follows: Years of Service Vacation Hours 1 year 80 2- 3 years 120 4 years 128 5 years 136 6 years 144 7 years 152 8 years 160 9 years 168 1 0-15 years 176 16-20 years 192 21 years 200 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 hours shall be charged as vacation hours 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. +G3 ~ 54 T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 of the 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 80 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 eight (8) hours. 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 80 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 his/her 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. ~ ~ 55 T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 (~) hour of their normal shift start time or, if at work and the employee is notified of an emergency, helshe may use emergency vacation no more than four (4) times per fiscal year. Time used in this regard may be used in increments of one (1) hour. T A City ~on Beach o fJJrvJ 56 T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement ARTICLE 29 29.0 BONUS HOURS AND BONUS INCREASES 29.1 BONUS HOURS: 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 eight (8) bonus hours for continuous attendance at work every four (4) months (January through April, May through August and September through December) when the employee has not used sick time during the previous four (4) months nor has been absent from work or on leave other than those paid leave categories recognized in this document. 29.1.3 Bonus hours 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. 113 ~ 57 T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement ARTICLE 30 30.0 HOLIDAYS 30.1 The following holidays shall be observed for employees in the bargaining unit: New Year's Day Veteran's Day Martin Luther King, Jr. Day Thanksgiving Day President's Day Day after Thanksgiving Memorial Day Christmas Eve Independence Day Christmas Day Labor 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. . When a City observed holiday falls on an employee's scheduled work day the employee will receive eight (8) hours of holiday pay at straight time. . When an observed holiday falls on an employees non-scheduled work day, it will be treated as a floating holiday and eight (8) hours will be added to the employee's vacation leave bank. . 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 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. ~ {;\YJHVJ 58 T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 twenty-four (24) consecutive hours. However, if it is necessary for the employee to leave the State in connection with the interment of the deceased, the employee shall be entitled to paid compassionate leave not to exceed forty (40) consecutive hours. . 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. $ ({)~ 59 T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 115.07-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. Current U.S.S.E.R.A. regulations will be followed regarding employee benefits. 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 32.5 Employees on active Military Duty are required to provide the City with their military orders for the duration of their assignment. ~ ()VJiJ 60 T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 ofthe 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. TA City ~on Beach {Aiu!:::~J." Union 61 CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 his/her employer or have another person notifY his/her 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. TA City ~on Beach ~) 62 T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 his/her 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 hours that coincide with his/her 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. M3 ~) 63 T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 twenty-four (24) or more work hours 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 The City Manager may layoff any union employee whenever such action is made necessary by reason of shortage of work or funds, the abolishment of a position, consolidation of departments or divisions, privatization, reclassification, or reorganization; however, no regular employee shall be laid off while there are temporary or probationary employees serving in the same position for which the union employee is qualified, in the judgment of the Department Head in consultation with the Human Resources Director. a. Employees will be given two (2) weeks of severance pay when laid off from the City. b. Whenever the 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 reason therefore. c. Whenever the layoff of one or more employees becomes necessary, the City Manager shall notifY the Human Resources Director at least ten (10) days in advance of the intended action and the reason therefore. d. The Human Resources Director shall furnish the City Manager with the names of the employees to be laid off in the 0 er which suc layoffs shall occur. 64 SEIU Florida Public Services Union Blue Collar agreement In order to minimize the disruption of the operations of the City, the order of layoffs shall be in reverse order of total continuous time served in the same classification and within the same department, except in the case of the elimination of a department or division, in which case only the employees in the department or division being eliminated will be laid off. e. Temporary and probationary employees shall be laid off, in that order prior to layoff of Union employees. Jd3 T~icesunion 65 T A City of Boynton Beach CTW, CLC SEIU Florida Public Services Union Blue Collar agreement ARTICLE 37 37.0 RECRUITMENT AND SELECTION 37.1 Recruitment and Selection process and procedures will follow those described in the Personnel Policy Manual (PPM) of the City of Boynton Beach. .-+$ TA ~d.e' Union 66 TA CIty of Boynton Beach CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 safety shoes/boots annually, as personal protective equipment, provided by the City designated vendor. Those shoes/boots shall only be worn for official City business. The union shall participate on the Safety Committee. The CitylSafety Committee will be responsible for deciding which positions require the wearing of safety shoes based on OSHA standards and recommendations. The Cityl Safety Committee shall determine the type and quality of such shoes and shall select those safety shoes/boots which will be provided and required to be worn. In those cases where an individual employee is unable to be fitted properly, as determined by the authorized vendor, the employee may purchase the safety shoes/boots, which meet the CitylSafety Committee's approved type and quality, from a different vendor. The employee may seek reimbursement of the cost of the shoes/boots from the City, not to exceed $115.00 excluding taxes. Such reimbursement shall occur after approval of the shoes/boots by the Risk Management Department, based upon the CitylSafety Committee's approved type and quality. Employees who fail to wear proper shoeslboots to work are subject to disciplinary action. 38.3 Any instance where the authorized safety shoes/boots do not last the full year will be brought to the attention of the employee's supervisor and the Risk Management Department. In such an instance, the shoes/boots will be returned to the City. The City will have the shoes/boots replaced by the designated vendor or an additional set of shoes/boots will be purchased by the City from the designated ~or for the employee. TA ~8d::!:::iice, Union 67 T A City 0 Boynton Beach CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 38.4 The Incident Review Board shall include one representative appointed by the Union. 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. TA City o~n Beach ~ 68 T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 $500.00 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. TA City ~n Beach ~~ 69 T A SEIU lorida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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) 2 Hats (1 hat exchanged, as needed) 5 White polo shirts (Bus Drivers) 1 Sweatshirt 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 Employees in certain classifications may be permitted to wear shorts at their supervisor's discretion. 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 his/her 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, five (5) shirts, with an option of five (5) T-shirts, for a total of ten (10) shirts and one (1) sweatshirt annually. (The option of which style of shirt is determined by the employee's needs). T A City ~n Beach cr~ 70 T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 his/her pay will be docked accordingly unl~ss apparel is unavailable. .$ ~ 71 T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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. T A City o~n Beach ~ 72 T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 him/her of such a request. Consistent with State law, the City agrees that upon request, a member shall have the right to inspect his/her own personnel records and shall have the right to make duplicate copies of his/her 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. TA City o~n Beach ~ 73 T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement ARTICLE 43 43.0 TUITION ASSISTANCE PROGRAM The Tuition Assistance Program as described in the Administrative Policy Manual (APM) will be followed. Refer to 04.01.03, Organization and Strategic Development Policies tuition Assistance Program in the APM for specifics. TA City ~n Beach ~ 74 T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 ~ynton Beach CZ ~ 75 T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 andlor 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 remitteq 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 andlor 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: TA City o~ Beach TBI~iC" Union 76 CTW, CLC SEIU Florida Public Services Union Blue Collar agreement NOTICE TO CITY AND UNION AUTHORIZA nON 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 $2.00 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 ~ q~ 77 T A City of Boynton Beach T A SEIU Flor a Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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. is TA~.iniO" 78 T A City of Boynton Beach CTW, CLC SEIU Florida Public Services Union Blue Collar agreement ARTICLE 47 47.0 SUBSTANCE ABUSE 47.1 The Union recognizes and supports the City's Drug Free Workplace Policy in the current City Ordinance 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. ~0 1iI~union 79 T A City of Boynton Beach CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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. ~ ~ 80 T A City of Boynton Beach T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 (lOth) anniversary, a lump sum bonus payment of $1000.00; . 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. 49.5 The foregoing benefit addressed in this article is suspended for FY 09/10. TA Ci~nton Beach JJ2vJ T A ~U Florida Public Services Union 81 CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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. TA City Of~n Beach TA ~ce,union 82 CTW, CLC SEIU Florida Public Services Union Blue Collar agreement ARTICLE 51 51.0 MODI FICA TION 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. T A City o~on Beach ti~ 83 T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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 Department/Division with blue collar workers. 52.2 The City will post a copy ofthis Agreement, as ratified, on the City's web page. TA City ~on Boach ()/rJ 84 T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement 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. T A City OfB~ Beach ~ 85 T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement ARTICLE 54 54.0 DURATION 54.1 This Agreement and all monetary benefit adjustments provided herein shall be effective on October 1, 2009 and remain in full force and effect until September 30,2010. Wage and benefit levels existing on September 30, 2010, 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. 54.3 A notice of intent to reopen shall be made in writing. The parties will promptly engage in bargaining the reopened article. TA City OfB~each ~ 86 T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement Agreed to this I ':i: day of ~ A"': Q , 2010 by and between the respective parties through the authorized repre entatives of the Union and the CIty. SEIU Florida Public Services Union, The City of Boynton Beach FL CTW, CL Confirmed by: ----- , // ....- Mayor Ciry of Bo Rati~ by the Union on the Approved by the City of Boynton Beach ib dayofrn~010 on the -'l-tb day of ~n ,2010 The City and the Union bargaining teams consisted of the following individuals: City: Union: Kurt Bressner, City Manager Carl Booth, Chief Negotiator James Cherof, City Attorney Michael Osborn, Chief Steward Lori La Verriere, Assistant City Manager Kalem Mahdi, Union Steward Sharyn Goebelt, Dir., Human Resources Jeffrey Mark, Union Steward Marylee Coyle, Assistant Dir. Human Resources Donald Roberts, Union Steward Michael Low, Deputy Dir. Utilities Tim Howard, Assistant Dir. Financial Services CITY ATTORNEY TA City & Beach ~ 87 T A SEIU Florida Public Services Union CTW, CLC SEIU Florida Public Services Union Blue Collar agreement