R10-168
I
I RESOLUTION RI0- '<08
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 RATIFYING THE AGREEMENT BETWEEN THE
6 CITY OF BOYNTON BEACH, FLORIDA AND THE
7 SEIU FLORIDA PUBLIC SERVICES UNION, CTW,
8 CLC - WHITE COLLAR UNIT FOR THE ONE YEAR
9 PERIOD OF OCTOBER 1, 2010 THROUGH
]0 SEPTEMBER 30, 2011, AND AUTHORIZING AND
] I DIRECTING THE MAYOR AND CITY CLERK TO
12 EXECUTE THE AGREEMENT; AND PROVIDING
13 AN EFFECTIVE DATE.
14
15 WHEREAS, the City of Boynton Beach and the SEIU Florida Public Services
16 Union, CTW, CLC - White Collar Unit have successfully concluded negotiations for a
17 one (1) year contract; and
18 WHEREAS, on October 28, 2010, the Agreement was ratified by the Bargaining
19 Unit of the Union; and
20 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
21 the best interests of the residents and citizens of the City to ratify the Agreement and
22 authorize the Mayor and City Clerk to execute the same; and
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
24
25 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26
27 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
28 ratified and confirmed by the City Commission.
2 Section 2. The City Commission of the City of Boynton Beach, Florida does
3 hereby ratify the Agreement between the City of Boynton Beach and the SEIU Florida
31 Public Services Union, CTW, CLC - White Collar Unit for the one (1) year period of
3 October 1, 2010 through September 30, 2011, and authorizing and directing the Mayor
S ICAIRESOlAgreementSlCBA RatificationsReso - SEJU WC 10 - J Idoc
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I and City Clerk to execute the Agreement, a copy of said agreement being attached hereto
2 as Exhibit" A".
3 Section 3. This Resolution will become effective immediately upon passage.
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4 PASSED AND ADOPTED this IG; day of November, 2010.
5
6 CITY OF BOYNTON BEACH, FLORIDA
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18 ommis , oner - William Orlove
19 ~lJl~!;::~
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22 Commissioner - Woodrow L.
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23 .,.,--
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27 ATTEST:
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29 f) , .
30 1r}.
31 J t M. Prainito, MMC
32 ity Clerk
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S ICA\RESOlAgreementSlCBA RatificationsReso - SEIU WC 10 -II doc
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RIO - 1 <08
AGREEMENT
BETWEEN
THE CITY OF BOYNTON BEACH, FLORIDA
AND
SEIU FLORIDA PUBLIC SERVICES UNION, CTW, CLC
WHITE COLLAR BARGAINING UNIT
October 1,2010 - September 30,2011
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T A City of Boynton Beach T A White Collar sE'm Florida Public
Services Union, CTW, CLC
T ABLE OF CONTENTS
ARTICLE 1................................. ................. ......... .. , . .......................... .... '.......... 5
1.0 PREAMBLE.................... ...................... .............. .. ........... ............ .. ........... 5
ARTICLE 2.................................... ............. .............. . ",...... , ~ . . . . . " . , ~ . . .. ........... 6
2.0 RECOGNITION ................ . ............ ..... .......H.. ~ . . . . .. . ~ . . . ~. ...... ........... 6
ARTICLE 3......................................... .................. ............ . . . . '" . ~ . . . . ~. . ~ ~ . .. . .... ........7
3.0 RIGHTS OF EMPLOyEES................... ...... . .. . ~ ~ .. . . ~ ~ . ~ . , . . . . . ~ ~ . , ., .......... 7
ARTICLE 4....................................................................... . . . . . ~ . . . . . ~ . . . . . . '. . ~ . ., , ..... ..8
4.0 MANAGEMENT RIGHTS ................................ ...... .......... ........... , . .......... 8
ARTICLE 5.................................... ............................., . ..~. ... .._~..~~. ~- ...... 10
5.0 STRIKES ........................... .. ............. , , ~ " ~ ~ .' . , ~ .. ".. ~ , . .' . ^ .. ... . 10
ARTICLE 6. ....... ......... ...................................................................................... .......11
6.0 NON-DISCRIMINATION .....,............" .,.... " ~..." ~ . .. .....' . .....11
ARTICLE 7...................................................... .. ~..~ .,~~.,'~.~.....* . . . ........ 12
7.0 REPRESENTATION OF THE CITy................. ............................... ....... ... 12
ARTICLE 8.................. ................................, "'"4" ~.,' .,.~,~ ...~..~~.,.. .. . .. 13
8.0 UNION REPRESENTATION ............. . . . . . . ~ . . . . . . , . . . ~ . ~ ... ""." ~ . . . , . ........ 13
AR TI C LE 9.......................................................................................... ......... 15
9.0 COLLECTIVE BARGAINING...... .... ~ .' ". ., . " ." . 15
ARTICLE 10..................................................................... ..................... '.. ...... 16
10.0 UNION TIME POOL ..... . .,.. ..- .. '." . ........ 16
ARTICLE 11................................ , . ~ , ,. . . . , . '," . . , . ., . ~ . . ., , ~ . . . .... .18
11.0 BULLETIN BOARDS........ '" ............ .... . .... -..,., . . ~ ~ . . , . " . . . , ....... 18
ARTICLE 12....................................... . ~ . . . .' , ., , , " . . . ,. ~ ~ .. . ~ - ~ . ~ . ._ 19
12.0 PROGRESSIVE DISCIPLINE........ -... ...... ....... . ~.~~..~......~..... ~~... ..... .19
ARTICLE 13....................................... ............. ..,....... . . . ~. . ~ .' . . ., .. . ....... 30
13.0 GRIEV ANCE PROCEDURES ................. ........ , .. , < ..., . . . ~ . ~ " . ..... .... 30
ARTICLE 14............................... ................................. ~.'.'~" ,., .,~..~.,~, ...,... 34
14.0 BASIC WORK WEEK AND OVERTIME...... " ' , ~ , . . . "".., ,.*" 34
ARTICLE 15........................................ ...... . ...... ...... . . . . 0 ., . .. ., < t ~. .'.,_ ... ... 36
15.0 COMPENSATORY TIME.. ........ . . . . ~ . . . . .. ... ~ . '" .,.... . .., . ..... .. 36
ARTICLE 16.................... .... ........... ............ , ..",. , . . . . ~. .., ~ " . . .. .. ... . 37
16.0 WAGES .................... ......... . ............. ... ....... ". . . .. ~,,_.. ~ " . . ~ . . . , . ., .... 37
ARTICLE 17..................................................................... .............................................. 38
17.0 PROMOTIONS, RECLASSIFICATIONS, TRANSFERS & DEMOTIONS.... 38
ARTICLE 18.......................... . ........ ...... ..... .. ..... ........ . . ~ . . .. . " . , . . . .';' .. .... 41
18.0 STANDBY PAY.............. .............. ..... . . .. ...," .......... .. ..,. , 41
ARTICLE 19.................................................... ...... ..... . . .. .' ,..' .,..,. ~. . ~ .. ... 43
19.0 EMERGENCY PAY POLICy........... . ..... .... , . ~ .. . ~ ., , . . . <. ., . ... .. 43
ARTICLE 20............... .................. > .. .... ...,,,,, .. . . ~ " " ~ .,...."..... ,,' ... .. ..... 44
20.0 CERTIFICATION PAy...... . . ~. . . . ". .. ,.. . . ~ . . . .. .. .... ...,. ~" ,. . .. . .. .. 44
ARTICLE 21 .......................................................................... "....."................. ,. ...... 45
21.0 EfJ,PLOYEES ASSIGNED TO TRAINING DUTIES ..........;.... ...... 45
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ARTICLE 22... ....................... ................................................................................. .......... 46
22.0 WORKING IN A HIGHER CLASS..................................................................... 46
ARTICLE 23.... ................................................................. ................................................ 47
23.0 SICK LEA VE ....................................... ...... ......... ......................... ........................ 47
ARTICLE 24..................................................................................................................... 49
24.0 WORKERS' COMPENSATION ......... ...... .......................................................... 49
ARTICLE 25..................................................................................................................... 50
25.0 LIGHT DUTy...................................................................................................... 50
ARTICLE 26................................................................................ ..................................... 51
26.0 V A C A TI ON. . . . . . . . . . . . . . . . . ..... . . . . . . . . . . . . . . . . .. .. .. .. . . . ... . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. 51
ARTICLE 27..................................................................................................................... 53
27.0 BONUS HOURS.... ............................................ .................................................. 53
ARTICLE 28...................................... ....... ....... ................. ................................................ 54
28.0 HOLIDA YS .......................................................................................................... 54
ARTICLE 29..................................................................................................................... 55
29.0 COMP ASSIONA TE LEA VE .......... ............... ...................................... ................ 55
ARTICLE 30................ ..................................................................................................... 56
30.0 MILIT AR Y LEA VE .. . . . . . . . . . . .. .. . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . .. . . . . . . .. . . . . . . . . . . . .. ... ." 5 6
ARTICLE 31..................................................................................................................... 57
31.0 LEAVE OF ABSENCE ........................................................................................ 57
ARTICLE 32..................................................................................................................... 58
32.0 UNAUTHORIZED ABSENCE............................................................................ 58
ARTICLE 33................................................................................................ ..................... 59
33.0 JURY DUTY ........................................................................................................ 59
ARTICLE 34..................................................................................................................... 60
34.0 SENIORITY & LA YOFF ......................................... ............................................ 60
ARTICLE 35. ................ ............................... ................ ..................................................... 62
35.0 RECRUITMENT AND SELECTION ........ .................................................. ............ 62
ARTICLE 36........... .......................................................................................................... 63
36.0 SAFETY AND HEALTH........................................................................ ............. 63
ARTICLE 37...... ........... .................................................................................................... 64
37.0 INSURANCE........................................................................................................ 64
ARTICLE 38..................................................................................................................... 65
38.0 PERSONNEL FILES............................................................................................ 65
ARTICLE 39................. .................................................................................................... 66
39.0 TUITION ASSISTANCE PROGRAM ........... .......... ............... ...................... ...... 66
ARTICLE 40............ ......................................................................................................... 67
40.0 GENERAL PROVISIONS................................................................................... 67
ARTICLE 41........... .......................................................................................................... 69
41.0 DUES DEDUCTION............................................................................................ 69
ARTICLE 42........... ......................................................... ........... ...................................... 71
42.0 PENSION.............................................................................................................. 71
ARTICLE 43..................................................................................................................... 72
43.0 SUBSTANCE ABUSE......................................................................................... 72
ARTICLE 44................................................................... .......... ........................................ 73
44.0 1Z;LIONARY PERIOD ........................~~~;;;;.;;l.......................... 7~
TA CityofBoynton Beach TA White Collar SEIU Florida Public
Services Union, CTW, CLC
ARTICLE 45.......................... ............. ......... .......... ...... " . .. . . . ~ .. .. .. .. . .. . ~ ~ . . .. .. .. .. .. . .. . . .. . . .' " , . .. . " . .. .. . .. 74
45.0 LONGEVITY BENEFIT ........ ................ ........ ..... ..... ... . ...... ... ., ...... .74
ARTICLE 46.................................... . ..................... ....... .... ........................ ., ........., 75
46.0 BONUS INCREASES ....... . ............... , " . .. ~ .. " " . . '., . . . . . .. . .. . . . .. . . . . . .. . . ...........75
ARTICLE 47.................................................. .... ............ ............................ .., .. 76
47.0 LABOR-MANAGEMENT... ............ ....... . "..". ~. .......,...... ....." . .. .. . . ~ . ....... 76
ARTICLE 48............................. .... .. ................... . .... .. ,. ......... ...'. " ... . 77
48.0 SAVINGS CLAUSE........ ... ....... . ., ~ n .......,.. ,......... ...,.. ... ,..,,, .. ...... 77
ARTICLE 49.. .... .................................................. ......... . '. ............. ......... .. .......78
49.0 MAINTENANCE OF CONDITIONS...... . ....... ...., ..... ....<..',... ..... 78
ARTICLE 50................................................. ............... .. ....... .... ... ..". ,... .. 79
50.0 POSTING OF AGREEMENT.... ... ... .. .,0' . ...., . ........ ... .. .. . 79
AR TI CLE 51 ............................ .......... ............. .. .. .. .. .. .. . .. .. ..... . . . .. . ... .. ........ 80
51.0 COLLATERAL DOCUMENTS .......... .. ......... .......... .,'.'"... .......,.. 80
ARTICLE 52..................................... .. ...... .... . " .. . . ." .. 4 ~ ~ . . 4 . , ~ ~ ". >...""... 0 . ..... ...81
52.0 DURATION............. ..".. .. ................ ,. 4_.." "" .. ... , ... . ........81
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T A:-White ~ollar SEIU Florida Public
T A City of Boynton Beach
Services Onion, CTW, CLC
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 in accordance with the law.
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T A City of Boynton Beach TA hite ollar SEIU Florida Public
Services Union, CTW, CLC
ARTICLE 2
2.0 RECOGNITION
2.1 The City of Boynton Beach hereby recognizes the SEIU Florida Public Services
Union, CTW, CLC as exclusive representatives for the bargaining unit described
below for the purpose of bargaining collectively with the City relative to wages,
hours, and terms and conditions of employment of the pubic employees within the
bargaining unit.
2.2 The bargaining unit is comprised of those positions certified for inclusion by the
Public Employees Relations Commission.
2.3 In the event of a conflict between the foregoing list of positions included in the
bargaining unit and the unit as recognized by the Public Employees Relations
Commission (PERC), the unit recognized by the PERC shall control.
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TA City of Boynton Beach TA White Collar SEIU Florida Public
Services Union, CTW, CLC
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.
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TA White Collar SEIU Florida Public
Services Union, CTW, CLC
ARTICLE 4
4.0 MANAGEMENT RIGHTS
4.1 Except and only to the extent that specific provisions of this Agreement expressly
provide otherwise, it is hereby mutually agreed that the City has and will continue
to retain, the right to organize, plan, direct, control, operate and manage its affairs
and those of its employees in whatever manner it deems appropriate in each and
every respect. The parties to this Agreement hereby agree that, in construing this
section, the legal principle that "the expression of one item is the exclusion of
another" shall not apply. Rather, full effect shall be given to the intention of the
parties that management shall retain all constitutional, ordinance, inherent,
common law, or other rights except to the extent specific provisions of this
Agreement expressly provide otherwise. The Union recognizes the prerogatives
of the City to operate and manage its affairs in all respects; and the powers and
authority, which the City has not abridged, delegated or modified by this
Agreement, are retained by the City. The rights reserved to the sole discretion of
the City shall include, but not be limited to, the right:
4.1.1 To determine the purpose and mission of the City and all its employees, to
determine the amount of budget to be adopted, and to exercise control and
discretion over the organization and operation of the City in all respects
including the right to determine whether goods or services are to be made,
provided or purchased and to decide the design and maintenance of the
departments, facilities, supplies and equipment.
4.1.2 To maintain economic stability.
4.1.3 To change or eliminate existing methods of operation, equipment, or
facilities and to adopt and implement technological changes or
improvements including, but not limited to, vehicles, and all other
materials or supplies.
4.1.4 To determine the methods, income and personnel by which such
operations are to be conducted including the right to contract and sub-
contract existing and future work.
4.1.5 To select, hire, test, classify, promote, train, assign, retain, evaluate, lay-
off, schedule, and determine the qualifications of all employees.
4.1.6 To suspend, demote, discharge, reprimand, or take other disciplinary
action against employees for just cause.
4.1.7 To determine the organization of City government.
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TA City of Boynton Beach T A White Collar SEIU Florida Public
Services Union, CTW, CLC
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, and clean-up times, the starting and
quitting time, and the number of hours to be worked. Work schedules will
be posted, and will not be altered in the midst of normal pay periods.
4.1.14 To adopt or enforce cost or general improvement programs.
4.1.15 In a civil emergency, to use personnel in any lawful manner.
4.2 If, in the sole discretion of the City, it is determined that civil emergency
conditions exist, including, but not limited to, riots, civil disorders, hurricane
conditions, tornado, national emergencies, or other emergency conditions, the
provisions of this Agreement may be suspended by the City during the time of the
declared emergency.
4.3 The City has the right to impose something that is unilateral in nature, and the
Union has the right to object to that decision. If the City does impose something
on a unilateral basis and the Union after notice fails to object to that decision
within six (6) months, it shall be considered finally imposed.
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T A City of Boynton Beach T A White Collar SEIU Florida Public
Services Union, CTW, CLC
ARTICLE 5
5.0 STRIKES
5.1 The SEIU Florida Public Services Union, CTW, CLC , or their member agents or
designees, agree during the life of this Agreement that they shall have no right to
engage in any work stoppage, slow down, strike or unlawful picketing.
5.2 In the event of a strike, work stoppage or interference with the operation and
accomplishment of the mission of the City Administration, a state or international
representative of the Union shall promptly and publicly disavow such strike or
work stoppage and order the employees to return to work and attempt to bring
about prompt resumption of the normal operations. The Union representatives
shall notify the City twelve (12) hours after commencement of such strike, what
legitimate measures it has taken to comply with the provisions of this Article.
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T A City of Boynton Beach T J( White Co ar SEIU Florida Public
Services Union, CTW, CLC
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, in their employment because of race, creed, color, sex, age,
national ongln, marital status, physical handicap, sexual orientation or
membership or non-membership in the Union.
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T A City of Boynton Beach TA WhIte Co SEIU Flonda PublIc
Services Union, CTW, CLC
ARTICLE 7
7.0 REPRESENTATION OF THE CITY
7.1 The City shall be represented by the City Manager, or a person or persons
designated in writing to the Union by the City Manager.
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T A City of Boynton Beach TA White Collar SEIU Florida Public
Services Union, CTW, CLC
ARTICLE 8
8.0 UNION REPRESENT A TION
8.1 The City agrees to recognize the Union's officers and four (4) 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 four (4) 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 and consultation with management representatives to avoid or resolve
grievances including Labor/Management meetings, subject to section 9.2.
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 who is required to appear at a hearing related to a
grievance and or arbitration.
2. When an employee who is or responding to a 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-
going day to day operations in any department. Additional hours may be used,
with pay, when those hours are funded by "Union Time Pool" time. The City
may stop the use of such time off if it interferes with productivity or manpower
needs. However, the exercise of such right on the City's part shall not be arbitrary
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TA City of Boynton Beach TA White Collar SEIU Florida Public
Services Union, CTW, CLC
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 8.3.
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.
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T A City of Boynton Beach
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. The President of the Union, or the person or persons
designated shall have full authority to conclude a Collective Bargaining
Agreement on behalf of the Union subject to a majority vote of those members of
the Bargaining Unit voting on the question of ratification. 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 three (3) stewards or bargaining unit members 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.
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T A City of Boynton Beach
ARTICLE 10
10.0 UNION TIME POOL
10.1 Members of the bargaining unit may each donate a share of their accrued vacation
and/or sick leave hours (provided the member maintains at least 120 hours of
accrued time) to fund the Union time pool. The employee's designated donation
shall be deducted each October 1 st during the term of this agreement. A list of
those employees donating to this time pool 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 Union time pool time may be transferred from steward to steward. If the total
hours used exceeds the total amount of hours in the time pool, 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-going day to day operations in any department. Additional
hours may be used, with pay, when those hours are funded by "Union Time Pool"
time.
10.3 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 the 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.
lOA Donations to the union time pool shall be solicited by the union during ratification
of the agreement or any other non-work time. Donations shall be transferred from
the employees appropriate leave bank within thirty (30) days of the time of
donation, and each year of the agreement during the month of October,
10.5 When employee donations into the union time pool reach 50 hours, the City shall
donate 25 hours to the union time pool. There will be no further donations from
the City.
10.6 Time pool hours shall roll over from one year to the next.
10.7 Union representation shall utilize the designated union time-out slip when using
time pool hours.
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T A City of Boynton Beach T A White Collar SEIU Florida Public
Services Union, CTW, CLC
10.8 Union time pool hours shall only be used for a steward's leave from assigned
regular duties.
10.9 Union time pool hours shall be classified as paid leave from work.
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T A City of Boynton Beach T A White Collar SEIU Florida Public
Services Union, CTW, CLC
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 SEIU Florida Public Services CTW, CLC members. 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 On Track (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.
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ARTICLE 12
12.0 PROGRESSIVE DISCIPLINE
12.1 PURPOSE
12.1.1 The City is committed to recruit, train, and retain qualified employees who
will contribute to the City's mission.
12.1.2 The success of the City government in providing quality and efficient
public service directly correlates with appropriate employee conduct and
performance. Employee behavior that is positive and supportive of the
goals of effective municipal management is fully encouraged.
12.1.3 When an employee's conduct or performance is inconsistent with the
needs and goals of the City, disciplinary actions up to and including
dismissal can occur. Progressive discipline IS suggested when
circumstances support its use. In proper cases, dismissal may immediately
occur.
12.1.4 No employee shall be disciplined or discharged without just cause.
12.2 POLICY
12.2.1 Counseling and written reprimands should be utilized as an element to
motivate employees to choose behavior conducive to an individual's
growth, development and most importantly to insure the successful
operation of the City and its services. However, in certain circumstances
punitive discipline actions will be necessary. There is no "fixed formula"
for discipline, management reserves the right and prerogative to make
disciplinary decisions based on repeated occurrences of varying incidents,
past performance or severity of the incident.
12.2.2 Although progreSSIve disciplinary actions are encouraged when
circumstances support such use, the severity of misconduct and the
circumstances shall determine the nature of the discipline.
12.2.3 A number of factors should be considered in determining the appropriate
level of discipline to be taken at each successive step. Such factors may
include time intervals between offenses, effectiveness of prior disciplinary
actions, insubordination, employee willingness to improve, overall work
performance and teamwork.
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TA City of Boynton Beach TA White Collar SEIU Florida Public
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12.2.4 Certain misconduct is so contrary to the public interest that dismissal shall
be the only appropriate measure.
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 Verbal and written counseling will not be subject to administrative review
by the Human Resources Director. Regular employees may respond to
written reprimand discipline actions by requesting an 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. All prior
discipline received by an employee may be considered when a
new discipline is contemplated. Discipline older than 36 months
may only be reviewed and not used for progressive discipline. A
pattern of discipline over a short period of time has greater
weight than sporadic discipl ine spread over an extended
period of time.
EXAMPLES OF MISCONDUCT
The following types of infractions, offenses or 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
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. Fai4Ire to use all safety restraints when riding in or operating a City vehick
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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 Department and or Human Resources of current address and
telephone number within ten (10) calendar days of change
c. Failure to report any outside employment
4. Abuse of departmental procedures and work rules including:
a. Failure to provide name and official title to any person requesting same when
performing work related duties
b. 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
NOTE:
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 1 ST OCCURRENCE 2ND OCCURRENCE 3RD 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 (30) minutes before shift
start time
c. Disrupting or hindering departmental operations
d. Failure to work required overtime assignments, special hours, special shifts or
ujvailability during stand-by status ,:'rJ41~{
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TA City of~ton Beach
T A White Collar SEIU Florida Public
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e. Outside employment which conflicts, interfered or otherwise hampers the
performance of the employee in their 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.
Examples of poor performance shall include failure to provide responsive,
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.
c. Employees who receive an OVERALL "Partially Meets Standards" or "Does
Not Meet Standards" performance evaluation (rating of 1 or 2) shall be given
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 OCCURRENCE 3RD OCCURRENCE
Serious Misconduct Written Reprimand or Suspension Without Dismissal
Suspension Without Pay Payor Dismissal
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 employees' 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 Per sonne 1 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)
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TA City of Boynton Beach T A White Collar SEIU FtOrida Public
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b. Gambling during work hours
c. Refusal to sign a disciplinary form
d. Suspension or revocation of any required job related license or certifications.
3. Abuse of departmental procedures and work rules, including:
a. Unauthorized personal use of City equipment or funds
b. Conducting personal and/or private business on City time; improper use of
City time for such activity
c. Falsifying attendance records
d. Other department rules as communicated by director or supervisor
4. Illegal, unethical or improper acts, including:
a. Theft or removal of City property without authorization
b. Falsifying employment application or concealing information during pre-
employment screening or processing
c. Soliciting or accepting an unauthorized fee or gift or failure to comply with
Chapter 112, Florida Statute
d. Giving false information or failure or refusal to fully cooperate or provide full
truthful information in City initiated investigations
e. Possession, use or sale of illegal drugs, alcohol or prescription medication that
alters the employee's performance on the job or any confirmed positive drug
test
f. Possession or use of alcohol while on duty; or reporting to work under the
influence of alcohol
g. Refusal to participate, if offered, in a drug/alcohol rehabilitation program
h. Refusal to submit to a City required drug or alcohol test
1. Falsifying or attempting to falsify a City ordered drug test
J. Violating the City's Sexual Harassment policy through interaction with
another employee or a member of the public
k. Conviction of a felony (Including non-work related)
The following chart outlines the progressive discipline options for incidents of extreme
misconduct. If misconduct or serious misconduct has occurred previously, there will be
faster progressive action.
OFFENSE TYPE 1 ST OCCURRENCE 2ND OCCURRENCE
Extreme or Unlawful Suspension Without Dismissal
Misconduct Payor Dismissal
Note: The progressive discipline steps outlined above refer to the discipline options the
City may take. 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.
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12.3 PROCEDURE FOR DISCIPLINARY ACTION
12.3.1 When an immediate supervisor becomes aware of conclusive evidence of
the need for the employee discipline, he/she 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 Counseling will 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 recomm~nded after the
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TA City of Boynton Beach r A White Collar SEIU Florida Public
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investigation, the suspension with pay period shall not be counted as
disciplinary In nature. A document confmning a favorable
determination as to the matter should be made part of the employee's
record.
VERBAL WARNING or other instructive verbal communication will not constitute
discipline and an employee is not entitled to union representation when management is
taking such action. Verbal warning or other instructive verbal communication may be
used to establish that an employee knew or should have known that performance, work
habits, and behavior is not appropriate.
12.4 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 improvements expected. Written Counseling serves
as a warning against further repetition of employee behavior. Future violations
will result in discipline up to and including termination.
The immediate supervisor should complete a Written Counseling Memorandum.
The employee shall be required to sign the form signifying that he/she has read
and discussed the contents with the supervisor.
The Written Counseling Memorandum 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. 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
1:Zvements, a follow-up discussion at the end of the designated time period
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TA City of Boynton Beach
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.
1. 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.
2. 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.
3. 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.
4. 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.
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T A City of Boynton Beach T A White Collar SEIU Florida Public
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Demotions require concurrence from Human Resources, review by the City
Attorney's Office and authorization from the City Manager prior to being
effected.
Written notification of demotions shall be provided to the employee by the
department Director. Such notices shall include the final decision, the reason(s)
for the decision, the employee's new classification title, the new pay range and
pay rate, and the effective date of the demotion. Written notifications shall also
include that future violations will result in further disciplinary actions up to and
including termination if the demotion was a result of misconduct.
All documentation of a demotion shall be retained in the employee's file in the
Human Resources Department. A copy of the written notification of demotion
shall be forwarded to the Finance department for payroll purposes.
Employees may request a demotion to a lower level classification voluntarily.
Such demotion shall not be punitive. Employees may submit comments for
inclusion in the record. Written notification of a demotion shall be signed by the
employee acknowledging receipt of the written notification and forwarded to
Human Resources for inclusion in the employee's record.
E. DISMISSAL - Dismissal is a result of an employee's involuntary termination that
severs the employment relationship. At such time all employee benefits cease,
except as otherwise provided by law.
Immediate supervIsors shall supply through documentation and discuss
recommendations for an employee's dismissal with their chain of command and
Human Resources. Upon receiving a written recommendation from the
supervisor, the Department Director shall submit the documentation to Human
Resources. Dismissals shall be effected only with the concurrence of Human
Resources, review by the City Attorney's Office and authorization by the City
Manager.
A written notice of recommended termination shall be given to the employee in
person. However, after two unsuccessful attempts to deliver the notification, then
the notice shall; be sent via US mail to the most recent address on record in the
personnel file. The recommendation shall include the following information:
1. The underlying reasons for the recommended termination
2. Documentation upon which the Department Director relied in formulating
said recommendation
3. 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.
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T A City of Boynton Beach TA White Collar SEIU Flonda Public
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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 personnel file.
Probationary employees who have not successfully completed the established
probationary period shall be subject to dismissal without cause, after review by
Human Resources.
12.5 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 his/her 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 shall have just cause appeal and grievance rights as
outlined in Article 12 of this Agreement.
12.6.3 Regular employees may respond to disciplinary actions of suspensions
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 modity 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
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12.6.4 Regular employees may appeal a disciplinary action greater than
suspension without pay of more than one (1) work day using the same
procedure for grievances as set forth, in Article 13, Grievance Procedures.
When a grievance/disciplinary appeal is not settled, the Union may initiate
arbitration starting at Step 3 in Article 13. Regular employees may not
grieve a one (1) day suspension.
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.
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T A City of Boynton Beach TA hite Collar SEIU Florida Public
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ARTICLE 13
13.0 GRIEVANCE PROCEDURES
13.1 A grievance is defined as a dispute or disagreement involving the application or
interpretation of this Agreement. Issues or disputes which are not grievances as so
defined shall not be subject to arbitration, but may be processed through the
grievance procedure only after all attempts to resolve the dispute through labor
management meetings has failed.
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.
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 the 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:
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13.4.1 Step 1. Within ten (10) business 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 Director/Designee. 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 should state the following:
a. Statement of the grievance and the facts upon which it is based.
b. The Article(s) and 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/or a union
representative 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 action grievance. Any and all grievances
submitted as a class action must be signed by a Union Official (President
or Vice-President).
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 Director shall respond to the grievance on or before 5: 00 PM on
the eleventh (lIth) business day following the date of receipt of the grievance.
13.4.2 Step 2 In the event the employee is not satisfied with the disposition of the
grievance by the Department Director/Designee, the, union, shall have the right to
file a written appeal of the decision to the Human Resources Director within five
(5) business days of the date of receipt of the Department Director' s/Designee' s
decision.
Within five (5) business days of receipt of the grievance, the Human
Resources Director will contact the aggrieved employee, and schedule a
meeting within five (5) business days to discuss the matter. The Human
Resources Director or designee shall respond in writing to the employee
within five (5) business days of the meeting.
13.4.3 Step 3 When a grievance/disciplinary appeal is not settled under the forgoing steps
Ofre grievance procedure, the Union, within twenty (20) days of such decision
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TA City of Boynton Beach TA White Collar SEIU Florida Public
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or termination, 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 City and the Union will select arbitrators from a panel list provided
by the Federal Mediation and Conciliation Service (FMCS).
The arbitrators shall set the hearing with the understanding that the hearing on
the matter appealed will be heard within ninety (90) calendar 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 of the hearing or, when requested by either
party, the submission of briefs.
13.5 The arbitrator shall have only 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 an 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 raises the question of arbitrability and 10ses that determination, the
City shall pay the cost of the arbitrator. If the City raises the question of
arbitrability and the arbitrator determines that the matter is not arbitrable, 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
stip or after the terminated employees' pre-determination hearing.
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T A City of Boynton Beach TA iteCollar SEIU Flor da Public
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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 bom equally by the parties,
unless they agree otherwise.
13.8 The term "day" shall mean, calendar day, Monday through Friday, exclusive of
holidays recognized by this Agreement.
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T A City of Boynton Beach T A White Collar SEIU Florida Public
Services Union, CTW, CLC
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 Employees shall receive two (2) fifteen (15) minute paid breaks each day.
14.3 Abuse of break time is grounds for progressive disciplinary action.
14.4 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-halftimes the employee's straight time rate.
14.5 Only hours actually worked will be counted for the purpose of calculating
overtime.
14.6 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.
14.6.1 In the event an employee is required to work overtime, he/she shall not
have his regular shift hours changed nor shall he/she be placed in a non-
paid status in order to preclude the payment of overtime.
14.6.2 Supervisors shall provide no less than two (2) hours advance notice to
employees prior to the assignment of unscheduled, mandatory overtime
unless circumstances prohibit such advance notice, in which case, the
employer shall give as much notice as is reasonably possible.
14.7 Employees may all be required to work additional hours as directed unless
excused by supervision.
14.8 Shift Bidding and Posting. Employees who work in departments within the City
in classifications that are covered by more than one shift shall be allowed to bid
shifts, which shall be granted by seniority once each year to be completed by
January 31 st. Should management have a compelling operational need, they may
designate the number of A-Class workers (those with five or more years of
experience) and the number ofB-Class workers (those with less than five years of
ex~erience) required to work on each shift so that a balance of experience may be
I #
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TA City of Boynton Beach TAite Collar SEIU Florida Public
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achieved for each shift. Employees shall have an opportunity to give input on the
development of their shifts.
14.9 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.
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 he/she has been on the job for more than seven minutes, i.e. at the start of the
eighth (8th) minute they would then receive fifteen (15) minutes at time and a half.
14.10 The procedure in 14.6 will also be followed if an employee reports to work tardy
or late. The employee shall be marked as tardy or late using the same 7/8 Minute
rule, for purposes of calculating payroll. An employee will be deemed "tardy" if
they appear for work up to six (6) minutes after the designated starting time and
"late" if they appear for work seven (7) minutes or more after the designated
starting time. Any employee who is tardy or late is subject to appropriate
discipline.
14.11 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 which clock will be utilized for timekeeping
purposes.
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TA City of Boynton Beach TA Whit Collar SEIU Florida Public
Services Union, CTW, CLC
ARTICLE 15
15.0 COMPENSATORY TIME
15.1 Employees may accrue and use compensatory time in lieu of overtime pay when
the employee works in excess of forty hours in a workweek.
15.2 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 who shall schedule the time off to
meet the operating requirements of the Department.
15.3 It is solely the employee's choice as to whether he/she 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.
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ARTICLE 16
16.0 WAGES
16.1 Wages shall remain at their current level and shall not increase for the duration of
this agreement.
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TA City of Boynton Beach
ARTICLE 17
17.0 PROMOTIONS, RECLASSIFICATIONS, TRANSFERS & DEMOTIONS
17.1 PROMOTIONS
17.1.1 Employees interested in applying for a promotional opportunity must have
been in their current position for a minimum of six months and have at
least a meets standards performance level. Each promoted employee must
successfully complete a six month probationary period in the new
position.
Employees are eligible for the following increases in pay upon promotion:
Promotion from non-exempt 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 of two grades (exempt to exempt or non-exempt to non-
exempt):
7.5% of mid-point of new grade or to minimum of new grade, whichever
is higher
Promotion of three or more grades (exempt to exempt or non-exempt to
non-exempt):
+ 1 0% of mid-point of new grade or to minimum of new grade, whichever
is higher
I 7.1. 2 In no event will the employee's base rate of pay exceed the maximum for
the position to which the promotion is made.
17.1.3 Each promoted employee must successfully complete a probationary
period of six months from the date of promotion. Note: Applicants for
promotion must have been in their current position for a minimum of six
months and have a Meets Standards or higher performance rating.
17.2 DEMOTION
17.2.1 Upon demotion, an employee's rate of pay will be adjusted as follows:
Decrease of one grade:
5% of mid-point of current grade (position leaving)
Decrease of two grades:
, 7.50/0 of mid-point of current grade (position leaving)
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Decrease of three or more grades:
10% of mid-point of current grade (position leaving)
17.2.2 In no event will the employee's base rate of pay exceed the maximum for
the position to which the demotion is made.
17.2.3 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.
17.2.4 Exceptions to this policy may occur if there is a department restructuring
that results in an involuntary demotion for one or more employees. The
City Manager must approve any restructuring and resulting demotions.
This shall not be construed to reduce an employee's rate of pay beyond the
percentages set forth in section 17.2.1.
17.3 LATERAL TRANSFER
17.3.1 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.
17.3.2 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.
17.4 RECLASSIFICATION
17.4.1 Positions may be considered for reclassification only upon written request
of the Department Head, 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.
17.4.2 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.
17.4.3 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.
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T A City of Boynton Beach TA White ollar SEIU Florida Public
Services Union, CTW, CLC
17.4.4 Human Resources will provide a copy of the department head's request
for reclassification upon the approval of the reclass.
17.5 PROMOTION FROM PART-TIME TO FULL-TIME
17.5.1 Each promoted employee must successfully complete a probationary
period of twelve months from the date of promotion.
17.5.2 Upon successful completion of the probationary period, the probationary
employee will be considered a regular employee.
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ARTICLE 18
18.0 STANDBY PAY
18.1 In order to provide coverage for services during off-duty hours, it may be
necessary to assign and schedule certain bargaining unit employees to standby
beeper duty. A standby beeper duty assignment is made by a department director
or his/her designee who requires an employee on hislher off-duty time, which
may include nights, weekends or holidays, to be available to perform his normal
daily job function during off hours, due to an urgent situation. The written
directive placing an employee on standby shall specify a starting and ending
period.
18.1.1 Employees placed on stand-by who are assigned a take home vehicle
according to the department's rotation list shall be assigned a take-home
vehicle appropriate for the completion of the task required of the
employee should he/she be called back to work. The employee shall
receive one (1) hour of pay at the overtime rate for each day or portion
there of that they are assigned standby beeper duty.
18.2 An employee may be assigned to or paid for stand-by if they work a minimum of
four (4) hours on that day and they are available. Crime Scene Technicians may
be assigned to or paid for stand-by if they are scheduled to be in a leave status for
the entire shift if they are available.
18.3 No more than 14 days of stand-by can be paid in any pay period.
18.4 Crime Scene and Community Service Officer (CSO) employees who have been
instructed to remain on standby for court appearance purposes during the
employee's off-duty hours shall be paid one-half the straight time hourly rate for
each hour on standby up to a maximum of eight (8) hours of standby duty in any
one day. A minimum payment of one (1) hour straight time shall be paid for all
standby assignments. When an employee is required to stand by for eight (8)
hours, the employee shall receive four (4) hours plus one (1) additional hour at
straight time. If Crime Scene or CSO employees go to court, he/she will be paid
for the court time at time and one-half when not on their regular assignment.
Court time will be compensated a minimum of 3 hours at time and one-half.
18.5 CALL BACK PAY - An 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 a minimum of two (2) hours pay at the rate of
one and one-half (1 ~) times his/her basic hourly rate of pay when such callback is
between the hours of 800 a.m. and 12:00 a.m. (midnight), and shall receive a
minimum of three hours at the rate of one and one-half (112) times his/her basic
hjlY pay when such callback is between the ho~rs of 12:01 a.m. and 7:59 a.m.
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TA City of Boynton Beach TA Whit Collar SEIU Florida Public
Services Union, CTW, CLC
Employees shall be paid for the actual hours worked for all hours worked in
excess of the appropriate callback minimum. No concurrent payment of call-back
and regular pay is permitted.
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T A City of Boynton Beach TA Whit~ Collar SEIU Florida Public
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ARTICLE 19
19.0 EMERGENCY PAY POLICY
19.1 Emergency pay shall hereinafter be paid in accordance with the provisions of City
Emergency Ordinance 2005-036 or the most current City Emergency Ordinance.
~ {~ 43
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TA City of Boynton Beach TA White Collar SEIU Florida Public
Services Union, CTW, CLC
ARTICLE 20
20.0 CERTIFICATION PAY
20.1 The City shall pay $500.00 for each certification or license as determined and
agreed upon by the employee and the department head. The City shall also pay
the actual certification or license fee. This provision shall not operate to reduce
certification incentive pay policies currently being implemented by departments.
Bargaining unit members who participate in departmental certification pay
programs are not entitled to participate in the program set forth herein.
20.2 A pre-determined list of job related certifications or licenses will be developed
through the labor/management committee and attached to this article as an exhibit
and shall be developed no later than sixty (60) days from ratification of this
agreement.
20.3 The foregoing benefit addressed in this article is suspended for the FY 10/11.
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ARTICLE 21
21.0 EMPLOYEES ASSIGNED TO TRAINING DUTIES
21.1 Employees who are assigned to train another employee who is new to a position
shall be assigned in writing and shall receive a 5% increase in pay during the time
they are training another employee.
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T A City of Boynton Beach TA White Collar SEIU Florida Public
Services Union, CTW, CLC
ARTICLE 22
22.0 WORKING IN A HIGHER CLASS
22.1 Employees shall be required to perform work in a higher classification only upon
written memorandum by their supervisor. Employees who work in a higher
classification shall receive a 5% increase in pay, or the minimum of the higher
classification, whichever is greater until returned to their regular classification.
22.2 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.
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T A City of Boynton Beach TA'Wh'ite Collar SEIU Florida Public
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ARTICLE 23
23.0 SICK LEAVE
23.1 An employee shall notify his/her immediate supervisor or the supervisor's
designee, in a manner provided for by management, of hislher illness not less than
one half (1/2) of an hour before hislher normal workday begins. This procedure
shall be followed for each day the employee is unable to work unless prior
approval is granted by department management, wherein the employee notifies
hislher supervisor that he/she will be absent.
23.2 Sick leave will be granted upon approval of the department director for the
following reasons:
a. Employee's health, or up to forty (40) hours per 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
23.7.
c. Quarantine due to exposure to contagious disease.
d. In connection with Worker's Compensation.
23.3 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 utilize as necessary. Any
unused Personal Leave hours may be cashed in upon termination with 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.
23.4 An employee making a departmental transfer will retain any unused sick leave.
23.5 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, or retirement or death. (Retirement shall include normal
retirement, disability retirement, or early retirement as defined in the appropriate
Pension Plan).
23.6 Employees may request, and be covered by the provisions of the Family Medical
Leave Act.
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TA City of Boynton Beach TA White Collar SEIU Florida Public
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23.7 Sick leave exceeding three (3) consecutive work days reqUIres medical
certification within three (3) days of returning to work.
23.8 Sick Leave Donations
23.8.1 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.
23.8.2 Extraordinary circumstances shall be defined as lengthy hospitalization,
critical illness or injury.
23.8.3 When there appears to be a need to share sick leave, bargaining unit
members who are willing to contribute sick leave hours must submit an
Employee Activity Report to the Human Resources Department for proper
charge to their sick leave records.
23.9 Restricted Sick Leave
23.9.1 No member may be placed on restricted sick leave unless a pattern of sick
leave abuse is present and the employee has had a counseling session with
his/her Director or Department Head. 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.
23.9.2 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) business days after the three (3) month period,
the employee will be automatically removed from restricted sick leave.
23.9.3 During the initial ninety (90) day restricted 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 restricted 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) day period and
shall be subject to further progressive discipline up to and including
termination.
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T A City of Boynton Beach T A White ollar SEIU Florid Public
Services Union, CTW, eLf'
ARTICLE 24
24.0 WORKERS' COMPENSATION
24.1 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 Workers' Compensation Act, he/she shall be entitled to full
regular pay.
24.2 If the period of disability is greater than 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.
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
at the same rate as defmed 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.
24.3 Once the salary supplement as identified in section 24.2 is exhausted, the injured
employee may elect to receive accrued sick leave, and after the sick leave is
exhausted, vacation leave, in accordance with hislher regular hourly wage to the
extent that his/her combined sick leave or vacation leave, and workers'
compensation benefits equal hislher regular weekly net take home salary. The
employee must contact the payroll clerk to qualify for the combined check.
24.4 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.
24.5 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.
24.6 If an employee who is receiving 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, he/she will be
obligated to reimburse the City for all medical expenses and supplement, sick or
vacation pay taken and shall be subject to dismissal.
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T A City of Boynton Beach TA White Co ar SEIU Florida Public
Services Union, CTW, CLC
ARTICLE 25
25.0 LIGHT DUTY
25.1 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.
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ARTICLE 26
26.0 VACATION
26.1 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
10-15 Years 176
16-20 Years 192
21 Years & After 200
26.2 Vacation leave may be taken as earned subject to the approval of the Department
Head who shall schedule vacations to meet the operating requirements of the
Department/Designee.
26.3 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.
26.4 Vacation requests of three (3) shifts or less must be requested and approved or
denied within two (2) days of the work shift, the day the request is made.
Vacation requests of four (4) shifts or more must be requested and approved or
denied within one (1) week of the day the request is made. Vacation requests of
two or more weeks require at least twenty-one (21) calendar days' notification.
Management will approve or deny the vacation requests for two (2) weeks or
more within seven (7) days of the request.
26.5 Emergency Cash-In of Vacation and/or Sick Leave Time
26.5.1 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
ao (eighty) hours to cash (less applica~le ~axe~) provided they have 40
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T A City of Boynton Beach T A White Collar SEIU Florida Public
Services Union, CTW, CLC
hours remaining in their vacation accrual account after the cash-in.
Conversions must be done in increments of eight (8) hours.
26.5.2 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 cash-in will be calculated at fifty percent (50%) of the
employee's hourly rate. The total of vacation and sick may not exceed
eighty (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. The
employee must retain a minimum of eighty (80) sick hours on the books.
26.5.3 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
fiscal year. At the discretion of the City Manager, the time limit rule may
be waived if there are exigent circumstances,
26.5.4 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
26.6 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 call-in procedure outlined in Article
23.1 of this Agreement or if at work and the employee is notified of an emergency
they may use emergency vacation no more than four (4) times per fiscal year.
26.7 An employee who takes leave without a timely request or without approval shall
be subject to additional disciplinary action.
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ARTICLE 27
27.0 BONUS HOURS
27.1 INTENT
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.
27.2 ACCRUAL
27.2.1 All full time City employees covered by this policy are eligible to receive
a bonus of eight (8) hours for continuous attendance at work every three
(3) months (January through March, April through June, July through
September and October through December) if the employee has not used
sick time, nor has been absent from work or on leave other than those paid
leave categories recognized in this document.
27.2.2 Bonus hours shall be counted as vacation leave and subject to the
provision set forth for use of vacation.
TA City ~eaCh (~~ 53
TA White Collar SEIU Florida Public
Services Union, CTW, CLC
ARTICLE 28
28.0 HOLIDAYS
28.1 The following holidays shall be observed for employees in the bargaining unit:
New Year's Day Martin Luther King, Jr. Day
President's Day Memorial Day
Independence Day Labor Day
Veteran's Day Thanksgiving Day
Day after Thanksgiving Christmas Eve
Christmas Day
28.2 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 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.
. 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.
28.3 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.
\
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TA City of Boynton Beach T A White d Iar SEIU Florida Public
Services Union, CTW, CLC
ARTICLE 29
29.0 COMPASSIONATE LEAVE
29.1 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 work hours for anyone death. However, if it is necessary
for the employee to leave the State in connection with the interment of the
deceased, forty (40) consecutive work hours shall be allowed. Employees must
submit proof of death in order to be eligible for this article. The City Manager
may grant additional leave under this section when he/she deems it appropriate.
.~ '" ()J2/21/Vw) 55
-
TA CIty of Boynton Beach TA White Collar SEIU Florida Public
Services Union, CTW, CLC
ARTICLE 30
30.0 MILIT ARY LEA VE
30.1 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 240 working hours with pay each year in order that
these employees may fulfill their military obligations. Fire department shift
personnel will be granted a maximum of nine (9) shift days.
30.2 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.
30.3 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.E.R.R.A. regulations will be followed regarding the employee's benefits.
30.4 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
30.5 Employees on active Military Duty are required to provide the City with their
military orders for the duration of their assignment.
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L/ I\...,' -: ., t T A White Collar SEIU Florida Public
Services Union, CTW, CLC
ARTICLE 31
31.0 LEA VE OF ABSENCE
31.1 A regular employee may be granted leave of absence without pay for a period not
to exceed six months for sickness, disability or other good and sufficient reasons
that are considered to be in the best interest of the City. Requests must be in
writing. A leave of absence without pay of up to thirty (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.
31.2 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 thirty (30) days.
~ oYJ1/l~ 57
TA City of Boynton Beach T A White Collar SEIU Florida Public
Services Union, CTW, CLC
ARTICLE 32
32.0 UNAUTHORIZED ABSENCE
32.1 A bargaining Unit Member who is absent from work without authorized leave for
a period of more than three 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.
32.2 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, Human Resources must be provided with details of
the absence and he/she must determine if just cause exists.
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TA ci;1or~';~aCh ~ ~:;~- tl l"d
T A White Collar SEIU Florida Public
Services Union, CTW, CLC
ARTICLE 33
33.0 JURY DUTY
33.1 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 employees to receive their regular pay for
such leave, the employees must deposit the money which they receive for jury
duty or as a witness, with the City Finance Department for those hours that
coincide with their 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.
~~ iidl::1:::dbliC 59
T A City of Boynton Beach
Services Union, CTW, CLC
ARTICLE 34
34.0 SENIORITY & LAYOFF
34.1 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 workforce 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.
34.2 Employees shall lose their seniority for the following reasons:
a. Termination
b. Retirement
c. Resignation
d. Unexcused absences for three (3) or more work days. A work day is
based upon an employees work schedule (e.g. 4 10 hour days, 5 8
hour days etc.)
e. Failure to report to the Human Resources Office, the intention of
returning to work within five (5) days of receipt of recall as verified by
certified mail.
f. Failure to report from military leave within the time prescribed
34.3 Layoff of employees shall be handled in the following manner:
The City Manager may layoff any bargaining unit 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 bargaining
unit 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.
Whenever the layoff of one or more employees shall become necessary,
the City Manager shall notify the Human Resources Director, at least two
(2) weeks in advance of the intended action and the reasons therefore.
The Human Resource Director shall furnish the City Manager with the
names of the employees to be laid off in the order in which such layoff shall
occur. In order to minimize the disruption of the operations of the City, the
order of layoff shall be in reverse order of total continuous time served in the
same classification/job title and within the same department, except in the
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TA City -tt;o1A~B~a~~ .( ,"'/ / "
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' White Collar SEIU Florida ublic
Services Union, CTW, CLC
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.
Temporary and probationary employees shall be laid off, in that order prior to layoff
of union employees.
a. Whenever a layoff of one (1) or more employees becomes necessary the City
Manager shall notify the Union at least two (2) weeks in advance of the
intended action and the reasons therefore.
b. The order of layoff shall be in reverse order of total continuous time served in
the same classification/job title and within the same department. Senior laid-off
employees of a division shall be able to displace (bump) junior employees in
the same division who are in any equivalent or lower classification for which
the bumping employee is eligible for or for which he qualifies by meeting the
requirements as set forth in the job description. The bumped employee shall
have no corresponding right to bump any additional employee.
.12~ {~~ 61
7
TA CIty of Boynton Beach TA WhIte ollar SEIU Flonda PublIc
Services Union, CTW, CLC
ARTICLE 35
35.0 RECRUITMENT AND SELECTION
35.1 The Recruitment and Selection Process and Procedures will follow those
described in the Personnel Policies and Procedures Manual.
, '..".. /" ,/,\,"' 62
TACitY~~ TA ~h;~S~IU~I~PubliC
Services Union, CTW, CLC
ARTICLE 36
36.0 SAFETY AND HEALTH
36.1 The City shall comply with all State and Federal regulations pertaining to the
occupational safety of the members of this bargaining unit. The City has and will
maintain a safe and healthy working environment for bargaining unit employees.
36.2 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. These shoes/boots shall only be worn for official City
business.
The City/Safety Committee will be responsible for deciding which positions
require wearing of safety shoes based on OSHA standards and recommendations.
The City/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 City/Safety Committee 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 City/Safety Committee approved type
and quality.
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
vendor for the employee.
36.3 Employees who fail to wear proper shoes/boots to work are subject to disciplinary
action.
36.4 The union shall participate on the Safety Committee.
36.5 The City shall make available immunization shots for tetanus, hepatitis, and
diphtheria for all members of the bargaining unit as requested on a voluntary
basis.
-k~ t~tIV7 J 63
T A City of Boynton Beach T A White lIar SEIU Flonda Pubhc
Services Union, CTW, CLC
ARTICLE 37
37.0 INSURANCE
37. 1 The City shall pay the total medical insurance, dental insurance, and vision care
premiums for all regular employees. The employees will pay the full cost of
medical Insurance, dental Insurance, and vision care premiums for their
dependents. Existing or comparable coverage shall remain in effect for the
duration of this Agreement; however in the event the City can provide for
alternative equivalent benefits options for employees then the health insurance
coverage for the employee and their dependents may be amended from time to
time. In this connection, should the employees' cost to provide dependent
coverage for their dependents increase more than fifteen (15) % during any fiscal
year, the City agrees to open this Article for the purpose of impact bargaining.
The selection of insurance coverage shall be made on an annual basis by the City.
To that end, the City will form an insurance 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 coverage is reserved to the City, but the City shall strongly consider
input and recommendations from the insurance committee.
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TACit ton Beach T A' White Collar SEW Florida Public
Services Union, CTW, CLC
ARTICLE 38
38.0 PERSONNEL FILES
38.1 A personnel file for all City employees is maintained by the City's Human
Resources Department. If a request is made to review an employee's personnel
file by someone other than the Department Director, the Human Resources
Department Staff or the City Manager's office, a notice will be sent to the
employee notifying himlher of such a request. Consistent with State law, the City
agrees that upon request, a member shall have the right to inspect his/her own
personnel records and shall have the right to make one duplicate copy of his/her
records at no expense. Additional copies may be obtained at the employee's
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 ~Beach CJJZn/vi 65
-
TA White Collar SEIU Florida Public
Services Union, CTW, CLC
ARTICLE 39
39.0 TUITION ASSISTANCE PROGRAM
39.1 The Tuition Assistance Program as described in the Administrative Policy Manual
(APM) will be followed. Refer to 04.01.03, Organizational and Strategic
Development Policies, Tuition Assistance Program in the APM for specifics.
T A Ci~r'~!on B~ach- 1 66
L,
T A White Collar SEIU Florida Public
Services Union, CTW, CLC
ARTICLE 40
40.0 GENERAL PROVISIONS
40.1 Except in the case of negligence or misuse 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. 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 their assigned City-owned
vehicle or City property shall be replaced by the City, if there was no negligence
in their loss. In the event that the employee was negligent, the employee shall be
responsible for the replacement of the stolen tools.
40.2 The employee shall be allowed to place written refutations and or responses into
their personnel file and/or departmental work file when those refutations or
responses relate to material placed into the personnel file that has been prepared
by supervisors.
40.3 Uniforms will be provided annually as follows, unless otherwise indicated below:
Application Technicians 4 Shirts, 3 Pants
Code Enforcement 4 Shirts, 3 Pants, 1 Jacket (Replacement),
1 Baseball cap or Aussie Hat
Field Inspectors 4 Shirts, 3 Pants, 1 Jacket (Replacement),
1 Baseball Cap or Aussie Hat
Plan Review Analyst. 4 Shirts, 3 Pants, 1 Jacket (Replacement),
1 Baseball Cap or Aussie Hat
Sr. Plan Review Analyst 4 Shirts, 3 Pants, 1 Jacket (Replacement),
1 Baseball Cap or Aussie Hat
Laboratory Technicians 4 Shirts, 3 Pants, 1 Jacket (Replacement)
1 Baseball Cap or Aussie Hat
Laboratory Technicians, Sr. 4 Shirts, 3 Pants, 1 Jacket (Replacement)
1 Baseball Cap or Aussie Hat
La oratory Field Technicians 4 Shirts, 3 Pants, 1 Jacket (Replacement)
1 Baseball Cap or Aussie Hat
/~ } 67
v ' ~
T A White Collar SEIU Florida Public
Services Union, CTW, CLC
Police and Fire Department and other employees covered by this agreement, but
not listed, will be issued uniforms accordance with the Department policy. The
cost of the uniforms shall be borne by the City. Employees are required to return
uniforms to the City when they terminate employment.
40.4 All uniform pieces and any uniform shoes required by the department to comply
with departmental appearance standards shall be supplied by the City All uniform
articles will be provided through the City's warehouse.
40.5 Employees who are not required to wear uniforms shall be allowed to continue to
wear City polo shirts in the color choice of the City. The City shall provide six
(6) polo shirts to each employee on their anniversary date. The cost of uniforms
and/or polo shirts shall be borne by the City.
40.6 No alcoholic beverages are to be purchased or consumed while wearing a City
polo shirt or a City uniform.
40.7 F or Employees employed in the Development Department who are regularly
required to use their personal vehicle for City business, City vehicles will be
provided, at the City's discretion to some or all of the employees, based on
availability, in lieu of receiving a car allowance. Department Heads are
responsible for assigning the vehicles. In the event a City vehicle is not available,
employees will receive a $300.00 monthly vehicle allowance.
if LJ 68
TAc*~~a~h .. j{:"._-'::," v t
T A White Collar SEIU Florida Public
Services Union, CTW, CLC
ARTICLE 41
41.0 DUES DEDUCTION
41.1 For all union business, employees covered by this agreement should first contact
their union steward.
Employees covered by this Agreement may on the prescribed form, authorize
payroll deduction for the purpose of paying SEIU Florida Public Services Union,
CTW, CLC dues deductions and/or COPE deductions. Employees shall receive
copies of the form from either the City Finance Department or their Union office.
41.2 The Union will initially notify the City as to the amount of dues and COPE
deductions. Such notification will be certified to the City in writing over the
signature of an authorized officer of the Union. Changes in Union membership or
COPE dues 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 or COPE deductions, the employee shall go to the Union office and
Union staff shall prepare and mail notice of such change to the City's Finance
Department.
41.3 Dues shall be deducted each pay period and remitted monthly and the funds shall
be remitted along with a list of employees contributing to the Treasurer of SEIU
Florida Public Services Union, CTW, CLC within fifteen (15) days after the end
of the month. 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.
COPE deductions will be remitted to the union in a separate check on a quarterly
basis.
41.4 F or the purpose of putting this article into effect, the Union will furnish forms for
such individual authorization reading as follows:
kri1 '1rvJ 69
---
T A City of Boynton Beach T A White ollar SEIU Florida Public
Services Union, CTW, CLC
NOTICE TO CITY AND UNION AUTHORIZATION
FOR DEDUCTION/DISCONTINUATION 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 hereby 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 this authorization is voluntary and I may revoke it at any time by
giving my City and the Union thirty (30) days advance notice in writing.
-,,--~ ---------,.-
Date Signature
----~-._,.- -~-,_._----
Job Title Name Printed
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T A White Collar SEIU Florida Public
Services Union, CTW, CLC
ARTICLE 42
42.0 PENSION
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.
~B~Ch M~nJ 71
-
T A White Collar SEIU Florida Public
Services Union, CTW, CLC
ARTICLE 43
43.0 SUBSTANCE ABUSE
43.1 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.
~hq~. 72
T A City of Boynton Beach
ARTICLE 44
44.0 PROBATIONARY PERIOD
44.1 In order to determine that each employee is placed in a position most likely to
result in a successful career at the City, all newly hired or promoted employees
shall be required to complete a probationary period.
44.2 New Hire (Full-time):
Each new full-time employee must successfully complete a probationary period of
twelve months from the date of hire.
Promotion from Part-Time to Full-Time:
Each promoted employee must successfully complete a probationary period of
twelve months from the date of promotion.
Upon successful completion of the probationary period, the probationary
employee will be considered a regular employee.
44.3 Promotion to a Higher Graded Position:
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 months and have a Meets
Standards or higher performance rating.
44.4 Transfer to a different position, whether in the same or a lower grade:
Each transferred employee 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.
U- ~ 73
T A City of Boynton Beach T A White Collar SEIU Florida Public
Services Union, CTW, CLC
ARTICLE 45
45.0 LONGEVITY BENEFIT
45.1 Employees eligible are those employees who:
a. Have been employed with the City on a regular full-time basis and continuous
basis for a minimum of five (5) years.
b. Have an overall "'Meets Standards" or above rating on the previous employee
evaluation.
45.2 Employees will receive a cash Lump Sum Bonus as follows:
On the employees fifth (5th) anniversary a lump sum payment of$500.
On the employees tenth (10th) anniversary a lump sum bonus payment of $1000.
On the employees fifteenth (15th) anniversary a lump sum bonus payment of $1 ,500.
On the employees twentieth (20th) anniversary a lump sum bonus payment of $2,000.
On the employees twenty-fifth (25th) anniversary a lump sum bonus payment of$2,500.
On the employees thirtieth (30th) anniversary a lump sum bonus payment of$3,000.
On the employees thirty-fifth (35th) anniversary a lump sum bonus payment of $3,500.
On the employees fortieth (40th) anniversary a lump sum bonus payment of $4,000.
45.3 Any pay earned for Longevity Benefits is subject to required Federal deductions.
45.4 Employees who terminate from the City employment prior to their hire
anniversary date will not be entitled to benefits.
45.5 The foregoing benefit addressed in this article is suspended for FY 10/ II
- .
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T A City of Boynton Beach T A White Collar SEIU Florida Public
Services Union, CTW. CLC
ARTICLE 46
46.0 BONUS INCREASES
46.1 In addition to any other monetary benefit, the City Manager is authorized to
approve a bonus of $500.00 when such a bonus justified, in writing, on the
prescribed forms by the Department Head. 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 bonus is a system where top
performance can be recognized by the immediate supervisor and prompt rewards
can 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 using the prescribed forms furnished by the City Manager.
~ 75
--
T A City of Boynton Beach A White Collar SEIU Florida Public
Services Union, CTW, CLC
ARTICLE 47
47.0 LABOR-MANAGEMENT
47.1 A joint labor/management committee composed of an equal number of
representatives from the union and management shall meet within ninety (90)
days of the ratification of this agreement to study and make recommendations on
ways to minimize overtime costs, standby costs, and improve working conditions
for employees, or to take up other subjects as determined by the committee.
During the first meeting, the committee shall determine a meeting schedule to be
implemented.
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T A City of Boynton Beach
Services Union, CTW, CLC
ARTICLE 48
48.0 SA VINGS CLAUSE
48.1 If any article or section of this Agreement should be found invalid, unlawful or
not enforceable, due to 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.
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TA City of Boynton Beach T A White ollar SEIU Florida Public
Services Union, CTW, CLC
ARTICLE 49
49.0 MAINTENANCE OF CONDITIONS
49.1 Except as provided herein, the status quo as it pertains to conditions shall remain
in effect for the duration of this Agreement. Changes to rules and regulations
which reflect standing policy, past practices, management rights, minor changes,
and changes which do not impact on members of this unit may be made by the
City upon notification to the Union. There is no non-salary (age or allowance)
monetary benefit, except as set forth or incorporated by reference in this
Agreement.
49.2 If a past practice, previously approved by the Department Director, or the status
quo is raised at any time during the term of this contract, then the Union and City
agree to document the resolution of the status quo or past practice by Letter of
Agreement, and such letter of agreement shall not survive this agreement unless
incorporated into future agreements.
41,d .._,,~:\J ! I .L, t . 78
TA City of Boynton Beach fA WhIte Collar SEIU FlorIda P bhc
Services Union, CTW, CLC
ARTICLE 50
50.0 POSTING OF AGREEMENT
50.1 The City will maintain a copy of this Agreement for inspection in the Human
Resources Department.
50.2 The City will post a copy of this agreement, as ratified, on the City's web page.
~ ~1/1A1 79
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TA City of Boynton Beach T A White Collar SEIU Florida Public
Services Union, CTW, CLC
ARTICLE 51
51.0 COLLATERAL DOCUMENTS
51.1 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 a specified article in this agreement, in
which case the terms of this Agreement shall control.
51.2 Nothing herein shall be interpreted to preclude the right of the Union or City to
impact bargain, subject to applicable law.
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T A ~rt{fn~;B;;'Ch .Jt <! < , 80
TA Whit~';~lar S~IU~F~;iJa kbliC
Services Union, CTW, CLC
ARTICLE 52
52.0 DURATION
This Agreement and all monetary benefit adjustments provided herein shall be effective
on October 1, 2010, and remain in full force and effect until September 30, 2011.
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 wage/rate 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.
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.
A notice of intent to reopen shall be made in writing. The parties will promptly engage in
bargaining the reopened article.
~
Agreed to this /0 day ofl1~~o by and between the respective parties
through the authorized representatives of the Union and the City.
LIC SERVICES UNION, CTW, CLC
;;Ja/VY1~~0he
Witness "-
CITY OF BOYNTON BEACH
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TA ~A White Collar SEIU Florida Public
Services Union, CTW, CLC
ATTEST
TO FORM AND CORRECTNESS ,.-,
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CIT MA ER
KUl1 Bressner
Date ratified by Commission:. II-/b- aO 10 Date ratified by Union: /[ ~/.SS' --: ;'>C^-/(
---..".-------- 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 Frank Sosa, Admin/Org. Director
Lori La V erriere, Assistant City Manager Skip Lewis, Union Steward
Sharyn Goebelt, Director Human Resources Robin Eichorst, Union Steward
Marylee Coyle, Asst. Director Human Resources Vicki Lloyd, Union Steward
Tim Howard, Asst. Director Financial Services.
Michael Low, Deputy Director Utilities Operations
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TA City of Boynton Beach TA White Collar SEIU Florida Public
Services Union, CTW. CLC
CITY OF BOYNTON BEACH Appendix A
.
'SEIU UNION TIME-OUT FORM
(Request to be absent from duty by an authorized Union Representative)
I, _m__n___m____________m____________u____________________n______' request to be absent from duty for a union
RFPRt":SENTA"l"IVE'S NAME
m eetin gat __________________________________________ ,0 n ________________n______________n______' at ________________________n___________ for
iDCATiON DATE .rIME
the following Reason:
- Grievance ThIS form rnust be completeeJ and
- Consultation with Management receIved by Fmance wIthin seven (I'
- Pre-Determination Conference calendar clays of the Ineeting efate a
Employee Requested Representation stated on thIs form,
-
- Collective Bargaining
- Arbitration
- NCF&O Business
(CHECK ONE) Union Representative's Signature
Release Authorization - _ Approved _ Denied (Completed by Supervisor! Manager)
I ~
Printed Nmne Title Time Out
Signature Date
Meeting Verification (Completed by Management Representative at meeting or Supervisor
releasing employee for meeting with union representative)
~ I
Printed Name Title Meeting Start Time
I I
Signature Date Meeting End Time
Return to Work (Completed by Supervisor! Manager)
I I
Printed Name Title Time Returned
Signature Date
TOT AL ELAPSED TIME I l
(Total elapsed time is the difference from the TIME OUT and the TIME RETURNED)
Reason for denial:
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TA City of Boynton Beach A White Collar SEIU Florida Public Services
Union CTW, CLC