R10-167
II I
] i RESOLUTION R10- ,to 1
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 - BLUE COLLAR UNIT FOR THE ONE YEAR
9 PERIOD OF OCTOBER 1, 2010 THROUGH
IO SEPTEMBER 30, 2011, AND AUTHORIZING AND
] ] DIRECTING THE MAYOR AND CITY CLERK TO
]2 EXECUTE THE AGREEMENT; AND PROVIDING
]3 AN EFFECTIVE DATE.
]4
]5 WHEREAS, the City of Boynton Beach and the SEIU Florida Public Services
16 Union, CTW, CLC - Blue Collar Unit have successfully concluded negotiations for a one
17 (I) year contract; and
18 WHEREAS, on October 28,2010, the Agreement was ratified by the Bargaining
]9 Unit of the Union; and
20 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
2] 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 I. The foregoing "WHEREAS" clauses are true and correct and hereby
28 ratified and confirmed by the City Commission.
29 Section 2. The City Commission of the City of Boynton Beach, Florida does
30 hereby ratify the Agreement between the City of Boynton Beach and the SEIU Florida
3] Public Services Union, CTW, CLC - Blue Collar Unit for the one (1) year period of
32 October 1, 2010 through September 30, 2011, and authorizing and directing the Mayor
SIC A IRESO\Agreements\CBA Ratification9Reso - SEIU BC 10 -I ] doc
- ] -
! ! 1
] 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.
1h..
4 PASSED AND ADOPTED this lto day of November, 2010.
5
6 CITY OF BOYNTON BEACH, FLORIDA
7 L-~ _..~.~~""--'
8 ~-;::::?'-
9
IO 1
] ]
]2
]3
]4
15
16
]7'
]8!
]9! iJ~~)/~
201
22! Commissioner - Woodrow L. H an
231 ~- .
/ .; .
24 ~ /
,/
/
25
2
2 ATTEST:
2
2 m.P~
3
31
3
33
3
3 (
SIC A IRESO\Agreements\CBA RatificatiomiReso - SEI U BC 10 -11 doc
- 2 -
~ 10 - lfa 7
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE CITY OF BOYNTON BEACH, FLORIDA
AND
SEIU FLORIDA PUBLIC SERVICES UNION, CTW, CLC
BLUE COLLAR BARGAINING UNIT
October 1,2010 to September 30,2011
) ~~~V
M--
T A City of Boynton Beach T A SEIU Florida Public Services Union
CTW, CLC
T ABLE OF CONTENTS
ARTICLE PAGE
ARTICLE 1 ......................................................................................................,.. ............ 5
1.0 PREAMBLE ........................................................................................................... 5
ARTICLE 2......................................................................................................... ............... 6
2.0 RECOGNITION .................. ..... ...... ...... ....... .......... .... ....... ............. .,. ...... ....... ..... 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
AR TI CLE 6........................................ . ......... ............. '" ...................... . . ,..,.......... ] 1
6.0 NON DISCRIMINATION .............................. ,.. ........................... . ...... ..... 11
ARTICLE 7...................................................................... " ............................. ........... 12
7 .0 REPRESENTATION OF THE CITy......... ................ ...... ........ ............................ 12
ARTICLE 8....................................................... .........., ,................... ..... ". ...........]3
8.0 UNION REPRESENTATION........................... .................,........... . .............. 13
ARTICLE 9.................................................................. .........,.......................... .. ........] 5
9.0 COLLECTIVE BARGAINING... ...... .. .. . ,."... ... ..........., . .............. 15
ARTICLE 10............................. ................ .....,.. .......... ................ ............ 16
10.0 UNION TIME POOL..... ....... .................. ................. ...................... ...... ". .......... ... 16
ARTICLE 11.................................... .... .. . . .. . .. ............................................. .... . ... .. .. ... 1 7
11.0 BULLETIN BOARDS .......................... ............... .............................. ............ 17
ARTICLE 12........................................................ .... " .... ................ ....... ............... 18
12.0 PROGRESSIVE DISCIPLINE ........................... ..... ................ .. .............. 18
ARTICLE 13................................................................................................ .... ............. 29
13.0 GRIEVANCE AND ARBITRATION PROCEDURES .................. . ... ..............29
AR TI C LE 14.................................................................... ................ H . .. .. . .. . .. .. ... ...".......... 3 3
14.0 BASIC WORK WEEK AND OVERTIME............ .......... ........... ....."....... 33
ARTICLE 15................................................................... ................................"................ 3 5
15.0 TASK ASSIGNMENT SOLID WASTE.. ." ................ ...... .............. 35
AR TI C LE 16............................... ...... .. ..... . .. .. . .. ... ........ .. . .. .. . .. .. . .. .. .. .... . . .. . .. . ... 37
16.0 WORK BREAKS................................. ............ ................................. ...........37
ARTICLE 1 7.................................................................... ................................................ 38
17.0 COMPENSATORY TIME ............................................................. . ............38
ARTICLE 18.............................. .............. ...... ...... .... H.......... .............. .............39
18.0 WAGES ............................. ...................... .... ............................... .........39
ARTICLE 19..................................................................................................................... 40
19.0 PROMOTIONS, RECLASSIFICATIONS, TRANSFERS & DEMOTIONS ...... 40
ARTICLE 20............................................................. ..... ..................... ... .............43
20.0 STANDBY & CALL BACK PAy.................. ... ........................ ....... ...43
ARTICLE 21.................................................... .................. ., ...................... .... . ......... 45
21.0 WORKING IN A HIGHER CLASS.................... . .... ....................... .............45
\, ,- ii ,. .() "'t
~ ,. ....1 n . "( . " . d
T A Cit~I~~~ynt~~~Beach T'A Blue ~~n.~;SEI~ FI~rida Public Se~i~es.-m I
Union CTW. CU.
ARTICLE PAGE
ARTICLE 22..................................................................................................................... 46
22.0 EMPLOYEES ASSIGNED TO TRAINING DUTIES ......................................... 46
ARTICLE 23......... ............................................................................................................ 47
23.0 EMERGENCY PAY POLICY .............................................................................47
ARTICLE 24..................................................................................................................... 48
24.0 CER TIFICA TION PAY ........................................................................................ 48
ARTICLE 25..................................................................................................................... 49
25.0 SICK LEA VE ....................................................................................................... 49
ARTICLE 26..................................................................................................................... 51
26.0 WORKERS COMPENSA TION ........................................................................... 51
ARTICLE 27..................................................................................................................... 53
27.0 LIGHT DUTy....................................................................................................... 53
ARTICLE 28..................................................................................................................... 54
28.0 V ACA TION .......................................................................................................... 54
ARTICLE 29..................................................................................................................... 56
29.0 BONUS HOURS AND BONUS INCREASES.................................................... 56
ARTICLE 30..................................................................................................................... 57
30.0 HOLIDA YS ...... .................................................................................................... 57
ARTICLE 31 ..................................................................................................................... 58
31.0 COMP ASSIONA TE LEA VE ............................................................................... 58
ARTICLE 32................. .................................................................................................... 59
32.0 MILIT AR Y LEA VE ............................................................................................. 59
ARTICLE 33..................................................................................................................... 60
33.0 LEA VE OF ABSENCE ........................................................................................ 60
ARTICLE 34..................................................................................................................... 61
34.0 UNAUTHORIZED ABSENCE............................................................................ 61
ARTICLE 35..................................................................................................................... 62
35.0 JURY DUTy........................................................................................................ 62
ARTICLE 36.................................................................... ................................................. 63
36.0 SENIORITY, LA YO FF & ................................................................................... 63
ARTICLE 37......... ............................................................................................................ 65
37.0 RECRUITMENT AND SELECTION .................................................................. 65
ARTICLE 38..................................................................................................................... 66
38.0 SAFETY AND HEAL TH ..................................................................................... 66
ARTICLE 39..................................................................................................................... 68
39.0 TOOL REPLACEMENT...................................................................................... 68
ARTICLE 40..................................................................................................................... 69
40.0 UNIFORMS.......................................................................................................... 69
ARTICLE 41 ............................. ........................................................................................ 71
41.0 INS URAN CE........................................................................................................ 71
ARTICLE 42..................................................................................................................... 72
42.0 PERSONNEL FILES............................................................................................ 72
ARTICLE 43...................................................... ............................................................... 73
43.0 TUITION ASSISTANCE PROGRAM................................................................. 73
~tonBeach -- )~~ 3
T A Blue Collar SEIU Florida Public Services
Union CTW, CLC
ARTICLE PAGE
ARTICLE 44........... ........................................................................................... ............ 74
44.0 GENERAL PROVISIONS.................... ....... ...................... ..................74
ARTICLE 45 ..................................................... ............... ............................... . ,.........,...75
45.0 DUES DEDUCTION ........................................... .. ............."............. ."............. 75
ARTICLE 46..................................................... ........... . ......................... . .. .... .....77
46.0 PENSION............................................................... ........................ ...",.........77
ARTICLE 47... ..................................................... .....'. .. .. ...................................... ... 78
47.0 SUBSTANCE ABUSE ....................................... . .............. ......... .., ........ 78
ARTICLE 48...............................,........,......, ...............". ................... ..... .. ..............79
48.0 PROBA TIONARY PERIOD ............................H " . ~ .. .. .. .. .. .. .. .. .. ~ .. .. .. .. .. .. < ,. .. .. .. .... ." .... ... 79
AR TI CLE 49..................................................,.................. .............................. ........ .... 80
49.0 LONGEVITY BENEFIT ....................................... .............. .......... .. ..........80
ARTICLE 50.. .......... ........................,............. .. .."",.. . ....................... .... ......... 81
50.0 SA VINGS CLAUSE............... ...... ...... .. ... ...".' .... .............". ....... . ............ 81
ARTICLE 51 ..................................................................................................... . ,.................. 82
51.0 MODIFICATION OF CONDITIONS ........'......." .."........H.............. ......... 82
ARTICLE 52.................................................... .. ... ....... " ~~ .........~. ...."....~ .,,~.. ..............83
52.0 POSTING OF AGREEMENT ................. .. .. .. ~ " ~ , " , .. ......"........" ~ .. .. . , " .. . . ... ~., ........83
ARTICLE 53................................ .................... . ........ .. .. " .. .. .. .. " .. .. .. .. .. ~ ~ .. .. .. .. .. .. .. " " ~ ~ .. " . ~ " . ........ 84
53.0 COLLATERAL DOCUMENTS........... . .......... * . . ., ~ .. ,. .. ~ .. .. .. ~ ~ .. .. .. . .. ~ ., ~ . , ....... 84
ARTICLE 54...................................... .............. . ............ ' .. ~ ~ .. .. .. .. .. .. .. .. .. .. " .. .. .. .. .. .. .. " .. .. .. ... ~ ......85
54.0 DURA TION .............................................................. ... .... .................. .. ..... .......85
'"
, t I
:l i .. / .. l.' it
i\~ \,\ //'
,. '-~./ ..~ .. I. L ...... 4
" ..
LkM ""..~.. ..
T A City of Boynton Beach T A Blue Collar SEll] Florida Public Services
Union 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.
~ -- ~ 5
T A City. oynton Beach :....i A Blue Co ar SEIU Florida Public Services
Union CTW, CLC
ARTICLE 2
2.0 RECOGNITION
2.1 The City of Boynton Beach hereby recognIzes the Union as exclusive
representatives for the bargaining unit described below for the purpose of
bargaining collectively with the City relative to wages, hours, and terms and
conditions of employment of the pubic employees within the bargaining unit.
2.2 The bargaining unit is comprised of those positions certified for inclusion by the
Public Employees Relations Commission (PERC).
2.3 In the event of a conflict between the current list of positions included in the
bargaining unit and the unit as recognized by the PERC, the unit recognized by
the PERC shall control.
~ (
_'~iA-41 III ' ;' 1l '
'",{ , 'j./ ,!
J x..' , / /'L....L)< 6
L/ \../ '-/ I " ,-
T A City of Boynton Beach T A Blue Co~ 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.
? 0~NVj~
/
U 7
T A City of Boynton Beach T A Blue 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) To determine the organization of City government.
~,
&.WI~ -,' ,', " ./')('
; l X/'>/" i/';.);' 8
j' \ c
T A City of Boynton Beach T A Blue 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 proj ect.
4.1.13 To determine lunch, rest periods, clean-up times, the starting and quitting
time, and the number of hours to be worked. Work schedules will be
posted, and will not be altered in the midst of normal pay periods.
4.1.14 To adopt or enforce cost or general improvement programs.
4.1.15 In a civil emergency, to use personnel in any lawful manner.
4.2 If, in the sole discretion of the City, it is determined that civil emergency
conditions exist, including, but not limited to, riots, civil disorders, hurricane
conditions, tornado, national emergencies, or other emergency conditions, the
provisions of this Agreement may be suspended by the City during the time of the
declared emergency.
4.3 The City has the right to impose something that is unilateral in nature, and the
Union has the right to object to that decision. If the City does impose something
on a unilateral basis and the Union after notice fails to object to that decision
within six (6) months, it shall be considered finally imposed.
~. -~ (~~ 9
T A City~ Boynton Beach T A Blue Collar SEIU Florida Public Services
Union CTW, CLC
ARTICLE 5
5.0 STRIKES
5.1 The Union, or their member agents or designees, agrees during the life of this
Agreement that they shall have no right to engage in any work stoppage, slow
down, strike or unlawful picketing.
5.2 In the event of a strike, work stoppage or interference with the operation and
accomplishment of the mission of the City Administration, a state or international
representative of the Union shall promptly and publicly disavow such strike or
work stoppage and order the employees to return to work and attempt to bring
about prompt resumption of the normal operations. The Union representatives
shall notify the City twelve (12) hours after commencement of such strike, what
legitimate measures it has taken to comply with the provisions of this Article.
1
. ,
,
idlL f . ./<:t...., 10
J ~.......--" / i ,. "'"""
TA City 0 Boynton~Be~ch T~ l:mle CollaVSEIU 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, as amended, in their employment because of race, creed, color,
sex, age, national origin, marital status, physical handicap, sexual orientation or
membership or non-membership in the Union.
1
~ ~~J 11
T A City of Boynton Beach TA Blue Collar SEIU Florida Public Services
Union CTW, CLC
ARTICLE 7
7.0 REPRESENTATION OF THE CITY
7.1 The City shall be represented in all matters related to this Agreement by the City
Manager and/or a person or persons designated in writing to the Union by the
City Manager.
~'71.<.., / l 12
T A City of Boynton Beach T A Blue Collar SEIU Florida Public Services
Union CTW, CLC
ARTICLE 8
8.0 UNION REPRESENTATION
8.1 The City agrees to recognize the Union's officers and six (6) City employee
stewards as agents of the Union. The Union shall furnish written notice to the
Department Head of the designated Union officers and stewards within three (3)
days of ratification of this Agreement and when any change in designation is
made thereafter. The City recognizes the right of the Union to designate one (1)
chief steward from among the six (6) City employee stewards. The authority of a
Union steward to act on behalf of and bind the Union is implied from their
designation as Steward.
8.2 N on-employee officials of the Union shall, with prior written notification to the
City Manager, be admitted to the property of the City for purposes of
administering the Agreement. Union officials as designated above shall only be
able to meet with City employees in non-work areas (i.e., break areas) and during
non-work time. Nothing in this section shall preclude or interfere with the City's
right to control access to City facilities for safety and lor security purposes.
8.3 Union stewards will be granted leave to engage in collective bargaining, subject
to the limitations set forth in Article 9, 9.2, or to meet with the representatives of
the City for grievance investigation and! or consultation with management
representatives to avoid or resolve grievances.
8.4 Union Stewards may be granted leave and may utilize "union time pool" time to
engage in the following representative activities:
1. When an employee is required to appear at a hearing related to a
grievance and or arbitration.
2. When an employee is responding to disciplinary action or
investigation.
3. When an employee is attending a pre-determination hearing.
4. When additional Stewards or bargaining unit members are
participating in collective bargaining in accordance with Article 9,
Section 9.2.
Members of the bargaining unit may each donate a proportionate share of the
hours necessary to fund the Union time pool. Union time pool time may be
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 ay, when those hours are funded by "Union Time Pool" time. The City
\ .- [fLU>vv,-1
13
T A City of Boynton Beach T A Blue Collar SEIU Florida Public Services
Union CTW, CLC
may stop the use of such time off if it interferes with productivity or manpower
needs. However, the exercise of such right on the City's part shall not be
arbitrary or capricious, nor shall it allow the City to proceed in a manner that
deprives the employee of his or her right of representation.
8.5 No employee shall engage in Union business while on duty except as referenced
in Section 3.
8.6 The City Manager will grant the Union stewards combined leave, without pay, for
a total of twenty (20) days per year in order that they may attend conferences,
seminars and similar events or other union activities related to their representative
function provided the leave does not adversely effect the on-going day to day
operations in the any department.
8.7 Stewards shall maintain and provide to the City a Union Business time-out slip
that shall be processed to show their accumulated hours used against the Union
time pool. The form for this purpose shall be attached hereto as Appendix "A" to
this Agreement.
-, /
"i I
. . ~ \ l I
~rc: \ \~~\ :':'" L ...,' :' 14
TA City of Boynton Beach TA Blue Collar SEnJ Florida Public Services
Union CTW. CLC
ARTICLE 9
9.0 COLLECTIVE BARGAINING
9.1 The membership of the bargaining unit shall be represented in collective
bargaining by the President of the Union or by a person or persons designated in
writing to the City Manager. It is understood that the Union representative or
representatives are the official representatives of the Union for the purpose of
negotiating with the City. Such negotiations entered into with persons other than
those defined herein, regardless of their position or association with the Union,
shall be deemed unauthorized and shall have no weight or authority in committing
or in any way obligating the Union. It shall be the responsibility of the Union to
notify the City Manager in writing of any changes in the designation of any
certified representative of the Union.
9.2 No more than a total of four (4) Stewards may participate in collective bargaining
while on duty, without loss of pay. Additional Stewards or bargaining unit
members may participate in collective bargaining (present at the table) by
utilizing Union Time Pool hours, or while off duty, or when on approved paid
leave.
~ /pJ!-?!V 15
v' ,
T A City of Boynton Beach T A Blue Collar SEIU Florida Public Services
Union CTW, CLC
ARTICLE 10
10.0 UNION TIME POOL
10.1 Bargaining unit members may donate, on an annual basis, from their accrued
vacation leave, sick leave hours (provided the member maintains at least 120
hours of accrued time), or compensatory time to be banked and subsequently
used to permit designated Union stewards to engage in representative activities or
bargaining activities as specified in Articles 8 and 9. Donations to the Union
Time Pool shall be solicited by the Union during ratification of this Agreement or
any other non-work time. Donations shall be on an annual basis and
deducted/transferred from the employee's appropriate leave bank during the
month of October. All time will be distributed on an hour-to-hour basis. A list of
those employees donating to this time bank shall be maintained by the Union, a
copy of which will be provided to the City Manager, Human Resources Director
and Finance Director.
10.2 Time shall be transferred from the employees appropriate leave bank each year of
the Agreement during the month of October.
10.3 Time Pool hours shall roll over from one year to the next.
10.4 Union representation shall utilize the Union Time-Out slip when using Time Pool
hours.
10.5 Union time pool hours shall only be used for a steward's leave from assigned
regular duties.
10.6 Union time pool hours shall be classified as paid leave from work and shall not
count as time worked for the purpose of calculating overtime.
10.7 The City may delay the use of such time off if it interferes with productivity or
manpower needs. However, the exercise of such right on the City's part shall not
be arbitrary or capricious, nor shall it allow the City to proceed in a manner that
deprives any employee of his or her right of representation. Whenever the City
has scheduled a meeting at which a Union representative is required and that
meeting is cancelled, the City shall reschedule the event at the convenience of
both parties.
" I
'.! . i,.4, , · r\L '1'1'
~J L-~.."' G '\ / x~ t. \..,. \_/ 16
TA City of Boynton Beach TA B'rUe 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 the Union. These bulletin boards shall be used for posting
Union notices, signed by a Union officer but restricted to the following:
A. Notices of Union recreational and social affairs;
B. Notices of Union elections and results of elections;
C. Notices of Union appointments and other official Union business;
D. Notices of Union meetings.
E. Union newsletter (may be unsigned).
11.2 All other information, including any notices containing any information other than
purpose, date, time and place may be posted on such designated areas and the
Union shall furnish the City Manager's office with a copy. All costs incidental to
preparing and posting of Union materials will be borne by the Union. The Union
is responsible for posting and removing approved material on its bulletin board and
for maintaining such bulletin boards in an orderly condition.
11.3 The Union shall not post endorsements for candidates who are running for office.
~ --- i(~J 17
T A City of Boynton Beach T A Blue Collar SEIU Florida Public Services
Union CTW, CLC
ARTICLE 12
12.0 PROGRESSIVE DISCIPLINE
12.1 PURPOSE
12.1.1 The City is committed to recruit, train, and retain qualified employees who will
contribute to the City's mission.
12.1.2 The success of the City government in providing quality and efficient public
service directly correlates with appropriate employee conduct and performance.
Employee behavior that is positive and supportive of the goals of effective
municipal management is fully encouraged.
12.1.3 When an employee's conduct or performance is inconsistent with the needs and
goals of the City, disciplinary actions up to and including dismissal can occur.
Progressive discipline is suggested when circumstances support its use. In proper
cases, dismissal may immediately occur.
12.1.4 No employee shall be disciplined or discharged without just cause.
12.2 POLICY
12.2.1 Counseling and written reprimands should be utilized as an element to motivate
employees to choose behavior conducive to an individual's growth, development
and most importantly to insure the successful operation of the City and its
servIces. However, in certain circumstances punitive discipline actions will be
necessary. There is no "'fixed formula" for discipline, management reserves the
right and prerogative to make disciplinary decisions based on repeated
occurrences of varying incidents, past performance or severity of the incident.
12.2.2 Although progressive disciplinary actions are encouraged when circumstances
support such use, the severity of misconduct and the circumstances shall
determine the nature of the discipline.
12.2.3 A number of factors should be considered in determining the appropriate level of
discipline to be taken at each successive step. Such factors may include time
intervals between offenses, effectiveness of pnor disciplinary actions,
insubordination, employee willingness to improve, overall work performance and
teamwork.
12.2.4 Certain misconduct is so contrary to the public interest that dismissal shall be the
only appropriate measure.
~ - .
,-:
\-../ </:--<-- I
,tbtlO L .' ,-,,/~/""i> 18
T A City of~oynton Beach TA Blue Collar SEIU Florida Public Services
Union CTW. CLC
12.2.5 The level of misconduct may differ in individual cases from apparently similar
incidents. The City retains the right to treat each occurrence on an individual
basis without creating a precedent for situations that may arise in the future. This
case-by-case method is designed to take individual circumstances and/or
mitigating factors into account. These provisions are not to be construed as a
limitation upon the rights of the City, but are to be used as a guide.
12.2.6 All prior discipline received by an employee shall be considered when a new
discipline is contemplated, but not all prior discipline shall be given the same
weight. By way of example: The older a discipline, the less its weight. A pattern
of discipline over a short period of time has greater weight than sporadic
discipline spread over an extended period of time.
EXAMPLES OF MISCONDUCT (ALL TYPES)
The following types of infractions, offenses of misconduct, serious misconduct or
extreme misconduct shall represent employee noncompliance with rules, regulations,
policies, practices or procedures of the City or the Department or employee wrongs or
offenses that violate permissible behaviors or are specifically prohibited by law. The
following are examples of violations that shall result in discipline and the progressive
discipline actions that may accompany the violations.
MISCONDUCT
1. Conduct unbecoming of a City employee. Conduct unbecoming a City employee
means: Employee behavior or actions on the part of the employee on the job
which hinder or jeopardize the successful operation of the City, undermine
teamwork and/or cooperation among City employees, or undermine the public
confidence in the City or its employees.
2. Violations or disregard of City Safety Policy & Procedures, including:
a. Careless use of vehicles or equipment
b. Failure to use all safety restraints when riding in or operating a City vehicle
c. Failure to wear and or use prescribed uniforms or equipment
3. Abuse of Personnel Policies, including but not limited to:
a. Abuse of sick leave privileges, sick leave policy or excessive absenteeism
b. Failure to notify the Department and/or Human Resources of current address
and telephone number within ten (10) calendar days of change
c. Failure to report any outside employment
4. Abuse of departmental procedures and work rules including:
a. Failure to provide name and official title to any person requesting same when
performing work related duties
b. Habitual extension of lunch period or break period
c. HajallY late for work without valid reason
TA City O~Ch ~ · 19
d. Smoking in prohibited areas
e. Unauthorized solicitation, posting of material or non-productive behavior
This chart outlines the usual progression options for occurrences of misconduct. If
serious misconduct or extreme misconduct has occurred previously, there will be faster
progressive action.
OFFENSE TYPE 1ST 2ND 3RD
OCCURRENCE OCCURRENCE OCCURRENCE
Misconduct Written Counseling Written Reprimand Suspension Without
Payor Dismissal
SERIOUS MISCONDUCT
1. Violation or disregard of City Safety Policy & Procedures, including:
a. Continued misuse of equipment or negligence resulting in injury to self, others
or damage to City equipment or property
b. Horseplay potentially hazardous to life or property
c. Unauthorized use or unsafe operation of City property, equipment or vehicles
2. Abuse of Personnel Policies, including:
a. Threatening a co-worker or supervisor
b. Use of abusive language to or about an employee, co-worker, supervisor or the
public
c. Insubordination, meaning the failure to recognize or accept authority of a
supervIsor
3. Abuse of departmental procedures and work rules, including:
a. Sleeping on the job
b. Absent without calling in to department within thirty minutes before the shift
start time.
c. Disrupting or hindering departmental operations
d. Failure to work required overtime assignments, special hours, special shifts or
unavailability during stand-by status
e. Outside employment which conflicts, interferes with or otherwise hampers the
performance of the employee in his/her City job
4. Inefficiency or Incompetence
a. The inefficiency or incompetence in the performance of assigned duties may
result in demotion or disciplinary action up to and including termination.
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. R!fusa1 to perform assigned duties and responsibilities.
\.~Q 20
dW . ".P
T A City of Boynton Beach T A Blue Collar SEn] Florida Public Services
Union CTW. CU '
Employees who receive an OVERALL "Partially Meets Standards" or "Does Not
Meet Standards" performance evaluation (ratings of 1 or 2) shall be given a
follow-up evaluation within 60 days of the "Does not Meet Standards".;--or
"Partially meets Standards" initial evaluation. More than one overall rating of
"Below Standards" may subject the employee to demotion or disciplinary action
up to and including termination. It is the responsibility of every employee to
perform at a minimum level of "Meets Standards" {as outlined in the Incentive
Pay System Policy} .
The following chart outlines the progressive discipline options for occurrences of serious
misconduct. If misconduct or serious misconduct has occurred previously, there will be
faster progressive discipline.
OFFENSE TYPE 1ST OCCURRENCE 2ND 3RD
OCCURRENCE OCCURRENCE
Serious Written Reprimand or Suspension Without Dismissal
Misconduct Suspension Without Payor Dismissal
Pay
EXTREME MISCONDUCT
1. Violations or disregard of City Safety Policy & Procedures, including:
a. Failure to report an on-the-job injury or accident within 24-hours to the
immediate supervisor
b. Failure to report an employee's on-the-job injury to Risk Management within
24 hours and/or completion of necessary documentation.
c. Fighting on the job or engaging in any intentional act which may inflict bodily
harm on anyone
d. Operating a City vehicle or equipment without a required and valid driver's
license
e. Failure to report the revocation or suspension of a driver's license when
employment involves driving
2. Abuse of Personnel Policies, including, but not limited to:
a. Possession of a firearm or concealed weapon on City property or while
performing official duties without written permission from the Department
Director (excluding law enforcement officers)
b. Gambling during work hours
c. Refusal to sign a disciplinary form
d. 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. onducting personal and/or private business on City time; improper use of
ity time for such activity IJ
/1~/]~ 21
T A City of Boynton Beach T A Blue Collar SEIU Florida Public Services
Union CTW, CLC
c. Falsifying attendance records
d. Other department rules as communicated by director or supervisor
4. Illegal, unethical or improper acts, including:
a. Theft or removal of City property without authorization
b. Falsifying employment application or concealing information during pre-
employment screening or processing
c. Soliciting or accepting an unauthorized fee or gift or failure to comply with
Chapter 112, Florida Statute
d. Giving false information or failure or refusal to fully cooperate or provide full
truthful information in City initiated investigations
e. Possession, use or sale of illegal drugs, alcohol or prescription medication that
alters the employee's performance on the job or any confirmed positive drug
test
f. Possession or use of alcohol while on duty~ or reporting to work under the
influence of alcohol
g. Refusal to participate, if offered, in a drug/alcohol rehabilitation program
h. Refusal to submit to a City required drug or alcohol test
1. Falsifying or attempting to falsify a City ordered drug test
J. Violating the City's Sexual Harassment policy through interaction with
another employee or a member of the public
k. Conviction of a felony {Including non-work related}
The following chart outlines the progressive discipline options for incidents of extreme
misconduct. If misconduct or serious misconduct has occurred previously, there will be
faster progressive action.
OFFENSE TYPE 1ST 2ND
OCCURRENCE OCCURRENCE
Extreme or Unlawful Suspension Without Dismissal
Misconduct Payor Dismissal
Note: The progressive discipline steps outlined above are guidelines and refer to the
discipline options the City may take. Actual discipline is fact sensitive and may vary
from the guidelines. If such discipline is appealed to arbitration, the arbitrator is not
bound in any manner by such options and is free to independently determine the
appropriate level of discipline, if the employee is found to have committed the offense.
/.
~l Vv 22
~ . '-~;.~,,,-,._-
T A City of Boynton Beach TA Blue Collar SEID Florida Pu lic Services
Union CTW. CLC
12.3 PROCEDURE FOR DISCIPLINARY ACTION
12.3.1 When an immediate supervisor becomes aware of conclusive evidence of the need
for an employee to be disciplined, 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 Counse1ingwill not be subject to administrative review by
Human Resources. Administrative investigations shall be conducted
expeditiously.
12.3.3 Criminal Investigations - Investigations conducted when criminal violations are
reportedly committed by an employee of the City. These investigations shall be
conducted by the Police Department, in collaboration with the Department
Director of the involved employee.
12.3.3.1 In instances where an investigation of serious, unlawful or other extreme
misconduct is necessary, administrative and/or criminal investigations
shall be conducted prior to the effective date of final disciplinary action.
12.3.3.2 The immediate supervisor may initiate a three-day suspension or less
suspension with pay to afford a supervisor the opportunity to investigate
an alleged incident or misconduct in the absence of the employee.
Suspensions of more than three days with pay require the approval of the
Human Resources Director. This practice may also be used in the event
that alleged misconduct is severe but unproved. The immediate
supervisor shall immediately notify the Department Director and Human
Resources after the suspension is issued, so that the matter can be
investigated.
12.3.3.3 A recommendation for disciplinary action may result from the findings of
an investigation. If disciplinary measures are not recommended after the
investigation, the suspension with pay period shall not be counted as
disciplinary in nature. A document confirming a favorable determination
as to the matter should be made part of the employee's record.
X~ . -- ~v, 23
TA City of Boynton Beach Blue Collar SEIU Florida Public Services
Union CTW, CLC
VERBAL WARNING or other instructive verbal communication will not constitute
discipline and an employee is not entitled to union representation when management is
taking such action. Verbal warning or other instructive verbal communication may be
used to establish that an employee knew or should have known that performance, work
habits, and behavior is not appropriate.
12.4 TYPES OF DISCIPLINARY ACTION
A. WRITTEN COUNSELING - Consists of the immediate supervisor warning the
employee to correct or improve performance, work habits or behavior and
counseling the employee on improvement expected. Written Counseling serves as a
warning against further repetition of employee behavior. Further violations will
result in discipline up to and including termination.
The immediate supervisor should complete a Written Counseling Memorandum and
discuss the content with the employee with a management witness present. The
employee shall be required to sign the form signifying that he/she has read and
discussed the contents with the supervisor. Such signature does not constitute
Agreement with the contents.
The Written Counseling Memorandum, signed by the immediate Supervisor and the
management witness, shall be forwarded to Human Resources for retention in the
employee's records, with a copy provided to the employee. The supervisor may
request that the employee complete a written action plan to correct the behavior.
Employees may submit comments for inclusion in the record.
B. WRITTEN REPRIMAND - Consists of an immediate supervisor issuing a written
notice of reprimand to improve performance, work habits or behavior, with a
management witness present. A written reprimand should include a complete
description of the incident( s) of misconduct, inappropriate behavior, work habits or
performance which require improvements~ previous records of discussion~ a time
frame within which the employee must correct or improve his/her behavior~ and a
warning that future violations will result in further disciplinary actions up to and
including termination.
Written reprimands shall be signed by the employee to acknowledge receipt and
forwarded to the immediate Supervisor and the management witness and forwarded
to Human Resources for retention in the employee's records, with a copy provided
to the employee. Such signature does not constitute agreement with the contents.
Employees may submit comments for inclusion in the record.
The employee may be required to complete a written plan for correction of the
behavior. When the written reprimand contains a time frame for employee
improvements, a follow-up discussion at the end of the designated time period
should be conducted. The follow-up discussion will provide a specific opportunity
to review the employee's improvements relative to the discipline. Written
i '~A . { .( (/ . / '. .; 24
d< .i""j\ p~'" . .. ( ;' '. / i / I" \ /1
T A City of Boynton Beach T A Blue Colhir SEIU Florida Public Services
Union CTW. Cl.e
reprimands should be reflected on the employee's performance appraisal along with
any noted improvements.
C. SUSPENSION WITHOUT PAY - Consists of an employee being prohibited from
returning to work until the specified period of suspension has passed or the forfeiture
of vacation time, if agreed to by the employee.
Suspensions without pay shall be used when an employee is removed from the job
due to extreme misconduct or unlawful behavior or when instances of progressive
discipline supports a suspension without pay for a specified period of time. With the
written authorization of the Department Director and Human Resources, immediate
supervisors have the authority to issue a suspension without pay for two (2) working
days or less. All other suspensions without pay require prior concurrence by Human
Resources, review by the City Attorney's Office and authorization by the City
Manager's Office.
Employees being suspended without pay shall be notified in writing by the immediate
supervisor. The written notification shall consist of the reason for the action and the
duration of the suspension without pay. It shall also include a statement that future
violations will result in further disciplinary actions up to and including termination.
Employees may submit comments for inclusion in the record. Written notification of
a suspension shall be signed by the suspended employee acknowledging receipt of the
written notification, and forwarded to Human Resources for inclusion in the
employee's record, with a copy provided to the employee, the Department Director,
and one to the Finance Department for payroll purposes.
D. DEMOTIONS - In the context of this policy demotion consists of an employee being
involuntarily removed from a higher level classification to a lower level
classification, with a resulting decrease in salary. Although not limited to such
instances, demotions may occur in some cases because of the inability to fulfill the
duties of the higher level job in a satisfactory manner; or a failure to comply with
employment conditions such as licensure or certification. In addition, probationary
employees shall be subject to demotion without the City being required to state a
reason. The probationary employees shall not have access to any appeal process
with regard to the demotion.
Immediate supervisors should discuss the potential demotion of an employee with
their chain of command and the Human Resources Department prior to a written
recommendation for demotion. The Department Director shall then submit the
written recommendation to the City Manager through Human Resources.
Demotions require concurrence from Human Resources, review by the City
Attorney's Office and authorization from the City Manager prior to being effected.
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 d2ion, the employee's new claSSi,fication title, the new pay range and pay rate,
fi? ---- i ( VrYh) 25
T A City of Boyn on Beach T A Blue Collar SEIU Florida Public Services
Union CTW, CLC
and the effective date of the demotion. Written notifications shall also include that
future violations will result in further disciplinary actions up to and including
termination if the demotion was a result of misconduct~"
All documentation of a demotion shall be retained in the employee's file in the
Human Resources Department. A copy of the written notification of demotion shall
be forwarded to the Finance department for payroll purposes.
Employees may request a demotion to a lower level classification voluntarily. Such
demotion shall not be punitive. Employees may submit comments for inclusion in
the record. Written notification of a demotion shall be signed by the employee
acknowledging receipt of the written notification and forwarded to Human
Resources for inclusion in the employee's record.
E. DISMISSAL - Dismissal is a result of an employee's involuntary termination that
severs the employment relationship. At such time all employee benefits cease, except
as otherwise provided by law.
Immediate supervIsors shall supply through documentation and discuss
recommendations for an employee's dismissal with their chain of command and
Human Resources. Upon receiving a written recommendation from the supervisor,
the Department Director shall submit the documentation to Human Resources.
Dismissals shall be effected only with the concurrence of Human Resources, review
by the City Attorney's Office and authorization by the City Manager.
A written notice of recommended termination shall be given to the employee in
person. However, after two (2) unsuccessful attempts to deliver the notification, then
the notice shall be sent via US mail to the most recent address on record in the
personnel file. The recommendation shall include the following information:
The underlying reasons for the recommended termination and the documentation
upon which the Department Director relied in formulating said recommendation.
An explanation of his/her rights to request a predetermination hearing prior to
termination taking effect and the facts that the decision to discipline of the City
Manager shall be final subject to grievance and arbitration as provided for in
Article 13 of this Agreement.
The dismissal recommendation and the City Manager's final decision shall be placed
in the employee's personnel file, and a copy shall be forwarded to the employee and
his/her Department Director. Employees may submit comments for inclusion in their
personnel file.
Probationary employees who have not successfully completed the established
probationary period shall be subject to dismissal without cause, after review by
Human ~esources.
j i
Jr~P . . 1 1\_ '. . /V . l l, (' 26
TA City of Boynton Beach T A Blue Coll~ SEIU Florida Public Services
Union CTW. CLC
12.5 RIGHT TO PRE-DETERMINATION HEARING
Prior to the effective date of any suspension without pay of three (3) days or more, or a
termination, the City shall conduct a predetermination hearing. The City Manager's
designee shall conduct the predetermination hearing. The employee shall be provided
with reasonable notice of the predetermination hearing date and of the charges which
are the grounds for the disciplinary action. The employee may be accompanied and
assisted at the predetermination hearing by a representative of his/her choice. The
employee shall be afforded the opportunity to present information in defense or
mitigation to the charges brought against the employee. Following the predetermination
hearing, and any further investigation into issues raised by the employee in defense or
mitigation of the charges, the Human Resources Director and the City Manager's
designee shall sustain, reverse, or modify the disciplinary action and give the employee
written notice of their action and establish the suspension or termination date( s) if
appropriate. Information gathered before, during or after a pre-determination conference
constitutes part of the City's investigation or an act of omission that can result in
discipline.
12.6 EMPLOYEE APPEALS - GRIEV ANCES
12.6.1 Probationary employees shall not have the right to appeal or grieve any type of
disciplinary action.
12.6.2 Regular employees may appeal to an arbitrator a discipline greater than a
suspension without pay of more than one (1) work day using the same procedure
for arbitration as is set forth starting in Step 3 of Article 13 (grievance article)
shall have just cause appeal and grievance rights as outlined in Article 13 of this
Agreement.
12.6.3 Regular employees may not grieve a one (1) day suspension. Regular employees
may respond to disciplinary actions for suspensions with or without pay of one (1)
workday or less by requesting administrative review by the Human Resources
Director. Such request shall be made within ten (10) calendar days of the imposition
of the discipline. The Human Resources Director shall review the disciplinary action
in question and shall either sustain, reverse, or modify the disciplinary action. The
Human Resources Director's disposition shall be made within thirty (30) days of the
employee's request for review. The Human Resources Director's disposition is final
and not subject to further review.
12.7 PERFORMANCE IMPROVEMENT PLAN
Employees who receive a Written Reprimand with a Suspension shall be placed on a
Performance provement Plan. The purpose of Performance Improvement Plan is to
/~ j 27
L//". '. ~/~/l
TA City 0 T A Blue Co lar SEIU FlOrIda PublIc ServIces
Union CTW, CLC
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.
J!A~~/)l1--- l!
X
~,.<., I 1.1 __ 28
, t/'
T A City of Boynton Beach TA Blue Collar SEnJ Florida Public Services
Union CTW, CLC
ARTICLE 13
13.0 GRIEVANCE AND ARBITRATION PROCEDURES
13.1 A grievance is defined as a dispute or disagreement involving the application or
interpretation of this Agreement.
13.2 No employee or group of employees may refuse to follow directions pending the
outcome of a grievance except where safety would be jeopardized. Employees in
the bargaining unit will follow all written and verbal directives, unless the
employee has an objective basis to believe that his/her health and safety is
threatened. Compliance with such directive will not in any way prejudice the
employee's right to file a grievance within the time limits contained herein, nor
shall compliance affect the ultimate resolution of the grievance.
a) The parties agree that the grievance procedure shall be the sole and
exclusive method for resolving any dispute involving the application
or interpretation of the Agreement. Counseling and Performance
Evaluations cannot be grieved.
13.3 All grievances shall be in writing on a form prepared by the City and Union. All
responses to a grievance must be in writing and dated by the responding party.
Grievances not appealed to the next higher step within the prescribed time limits
will be considered withdrawn and need not be further processed by the City.
Failure by management to observe time limits for any step of the grievance
procedure shall entitle the employee to advance the grievance to the next step.
Grievance time limits may be extended only by mutual written agreement of the
Union and the City.
13.4 GRIEV ANCE PROCEDURE STEPS
The parties agree to a step procedure for processing grievances. The deadlines
hereinafter listed may only be extended by written agreement of the parties. An
extension or waiver of a deadline shall never be inferred by the conduct of the
parties. When the Union fails to timely move a grievance to the next step, the
grievance is deemed withdrawn and cannot be re- filed. When the City fails to
respond at any step, the grievance is deemed denied and the Union may proceed
to the next step.
The parties agree to substitute a grievance tracking system which utilizes the City
Clerk's Office as a conduit for filing as follows:
TA City ~ach ~ {~ '!/L'L~! 29
T A Blue lar SEIU Florida Public Services
Union CTW, CLC
13.4.1 Step 1. Within ten (10) working days of the incident or the time which the
employee had knowledge of the incident, the Union may initiate a grievance, by
filing a grievance with the City Clerk's Office, with a copy to the employee's
Department 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 must contain the following:
A. Statement of the grievance and the facts upon which it is based.
B. The Article Sub-Section(s) of this Agreement alleged to have been
violated.
C. The action, remedy, or adjustment requested.
D. The signature of at least one aggrieved employee and of a union
representative (Union Official or Steward) and the date filed.
E. A statement indicating the grievance is a class action grievance, when
appropriate. Any and all grievances submitted as a class action must
be signed by a Union Official (President or Vice-President).
F. A statement identifying the positions of the class of workers affected
when brought as a class grievance. Any and all grievances submitted
as a class action must be signed by a Union Official (President or
V ice- President).
G. In the event a grievance doesn't contain the required information, as
listed above, it shall be returned to the grievant and/or Union Steward
for further processing. If the ten (10) working days since the initial
incident has passed when the grievance is returned, the period for the
grievant and/or Union Steward to resubmit to the City Clerk's Office
will be extended forty-eight (48) hours.
The Department Director/Designee shall respond to the grievance on or before
5:00 PM on the eleventh (II th) business day following the date of receipt of the
gnevance.
Step 2. In the event the employee is not satisfied with the disposition of the
grievance by the Department Director/Designee, the Union shall have the right to
file a written appeal of the decision to the Human Resources Director within five
(5) days of the date of receipt of the Department Director' s/Designee' s decision.
Within five (5) days of receipt of the grievance, the Human Resources Director
will contact the aggrieved employee and schedule a meeting within five (5) days
to discuss the matter. If the union fails to attend the prearranged meeting; the
grievance will be considered abandoned. The Human Resources Director or
designee shall respond in writing to the employee within five (5) days of the
meeting.
Step 3. When a grievance is not settled under the forgoing steps of the grievance
procectpre, the Union, within twenty (20) days of such decision, may initiate
n 'L J
.~o~.> v ,/ _ :~ [. 0 , _____ 30
TA City of Boynton Beach TA Blue Co(lar SEIU Florida Public Services
Union CTW, CLC
arbitration by filing a request with the Federal Mediation and Conciliation Service
for an arbitration panel. A copy of the request shall be served on the City.
The arbitrators shall set the hearing on the matter appealed will be heard within
ninety (90) days following appointment. If the arbitrator is not available within
the ninety (90) day period, the next arbitrator shall be used. The arbitrator shall
make a final and binding ruling within thirty (30) days following the hearing or,
when requested by either party, the submission of briefs.
The City and the Union will select arbitrators from a panel list provided by the
Federal Mediation and Conciliation Service (FMCS).
13.5 The arbitrator shall only have jurisdiction and the authority to apply and interpret
the provisions of this Agreement. He/she shall not have jurisdiction to alter or
change in any way the provisions of this Agreement and shall confine the decision
solely to the issue of interpretation or application of the Agreement presented.
The decision of the arbitrator on any matter within his/her jurisdiction shall be
final and binding on the Union, the City and the employee covered by the
Agreement.
When the arbitrator has been selected by the parties, the City shall have ten (10)
days from receipt of notice of appointment to raise arbitrability as a defense. If
arbitrability is raised by the City, the issue of arbitrability shall be determined by
the arbitrator no less than thirty (30) days prior to the commencement of an
arbitration hearing on the grievance itself, if the matter can be arbitrated.
The issue of arbitrability shall be determined in summary fashion without a
hearing. The parties shall submit the issue to the arbitrator by motion of the city
with supporting documentation and/or affidavits. The Union shall file its
response with supporting documentation and affidavits within ten (10) days of the
City's motion. The arbitrator shall make his/her ruling based on the documents
provided by the parties. The arbitrator may, at the arbitrator's discretion, conduct
one telephone conference with counsel for the City and Union prior to ruling on
the City's motion.
If the City raised the question of arbitrability and loses that determination, the
City shall pay the arbitrator's fee for the arbitrability determination. If the City
raised the question of arbitrability and the arbitrator determines that the matter is
not able to be arbitrated, the Union shall pay for the arbitrator.
13.5.1 The City and the Union agree to share all information each party will
present to the arbitrator no later than ten (10) days prior to the date of the
arbitration, even if such information was accumulated after the final
grievance step or after the terminated employees' pre-determination
hearing.
13.6 The hearing shall not be formal and the strict rules of evidence shall not apply.
~ vUeX-+tJ 31
TA City of Boynton Beach T A Blue Collar SEIU Florida Public Services
Union CTW, CLC
13.7 The parties shall divide the arbitrator's fee and expenses equally. In the event of a
settlement, the arbitrator's fee and expenses shall be born equally by the parties,
unless they agree otherwise.
13.8 The term "day" shall mean Monday through Friday, exclusive of holidays, as
recognized by this Agreement.
I
f
.. II
~1,-< I L_
v ..,jl \. _____ 32
T A City of Boynton Beach T A Blue CMlar 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 All authorized and approved work performed in excess of forty (40) hours in any
one work week shall be considered as overtime and shall be paid at the overtime
rate of one and one-half times the employee's straight time rate. Overtime shall be
offered for a specified work function on a rotating basis based on seniority to
those employees who normally perform the job functions during their regular
work hours.
14.3 Employees may all be required to work additional hours as directed unless
excused by supervision.
14.4 Since the Utility Department is a seven (7) day per week continuous operation,
employees will have two (2) consecutive days off after completing their regularly
scheduled work week. In the event that an employee chooses to do so, and it can
properly be scheduled, hislher days off may be split to accommodate the needs of
both the employee and the employer.
14.5 Supervisors will provide no less than two (2) hours advance notice to employees
prior to the assignment of scheduled overtime, except in the case where the
supervisor has determined that the scheduling of overtime is done on an
immediate basis to meet the needs of the community.
14.6 Only hours actually worked will be counted for the purpose of calculating
overtime.
14.7 Employees cannot be in a work status more than seven (7) minutes prior or seven
(7) minutes after regular workday unless they have their supervisor's approval to
be in a work status. Each employee must be advised of the official start and
ending time of their department workday.
U. tJJl1~ 33
T A City of Boynton Beach T A Blue Collar SEIU Florida Public Services
Union CTW, CLC
For purposes of overtime, the City will follow the Department of Labor's "7/8
Minute Rule". This rule means that an employee will not be eligible for overtime
until helshe has been on the job for more than seven minutes, i.e. at the start of the
8th minute they would then receive 15 minutes at time and a half. This procedure
will also be followed if an employee reports to work late. The employee shall be
marked as tardy using the same 718 Minute rule, for purposes of calculating
payroll, however, an employee will be deemed "'tardy" if they appear for work
anytime after the designated starting time. Any employee that is tardy is subject
to appropriate discipline.
14.8 It is understood that the clock designated by an employee's supervisor to record
arrival and departure shall be the clock against which timely reporting for work is
measured. If at any time, that clock is deemed inoperative, the immediate
supervisor will advise employees of the clock which will be utilized in lieu of it.
f
'" ... './l i
'\ "2- "- ' ~ I I
V \..r' .,' I ~. _ 34
~A1 ~~c<G""" i-
T A City of Boynton Beach TA Blue Collar SEIU Florida Public Services
Union CTW, CLC
ARTICLE 15
15.0 T ASK ASSIGNMENT - SOLID WASTE
15.1 Workweek and Overtime
15.1.1 Solid Waste employees shall be held responsible for satisfactory completion of a
daily task assignment. A daily task assignment shall be defined as those duties
correlating to collection of solid waste from defined routes; assisting other
employees in collecting solid waste from other defined routes according to Article
15.1.2; attending departmental meetings that require employee attendance;
cleaning and maintaining vehicles; performing emergency work as denoted in
Article 15.1. 3 and any other duties assigned by supervisory staff related to
support services for solid waste collection and advanced Citywide disaster
preparation and response.
15.1.2 Within the Solid Waste Division, circumstances may arise which prevent certain
crews from completion of their assigned route within the work day. In that event
management may direct other crews to help complete the route ( s) of the crews
unable to complete their route(s), on that same day.
15.1.3 All employees in the Solid Waste Division of Public Works that are covered by
this Agreement shall be considered task employees. Task employees will be
assigned to shifts or either 8 or 10 hours per day. Employees will always
maintain the same shift for an entire workweek. A daily task assignment shall be
assigned at the beginning of the workday by the supervisor. Upon completion of
the assigned daily task, the task employee may be required to perform other work
functions related to the Solid Waste Division of Public Works. Task employees
may be assigned duties outside of the Solid Waste Division in the event of
pending, ongoing, or past citywide emergencies.
Task employees shall be released from duty by the immediate supervisor. No
task employee will be allowed to release him or herself from duty.
15.1.4 All task runs shall be equalized as closely as possible, as determined by the Public
Works Director.
15.1.5 Employees covering another employees assigned routes when the normally
assigned employee is on vacation or out for an extended illness, shall be assigned
for the entire 40 hour period, and shall work the same shift for the entire period as
the employee whose shift they are covering. Management shall make every effort
to assign the employee covering the shift 48 hours in advance.
15.1.6 Task hours will not count as hours worked and overtime will be paid according to
Arti?e 14. c{~~
~~ ---.. 35
T A City of Boynton Beach T A Blue Collar SEIU Florida Public Services
Union CTW, CLC
15.2 Holidays
15.2.1
. When a City observed holiday falls on an employee's scheduled work day, the
employee will receive eight (8) hours holiday pay at straight time.
. When an observed holiday falls on an employee's non-scheduled work day, it
will be treated as a floating holiday and eight (8) hours will be added to the
employee's vacation leave bank.
. Task employees may not use emergency vacation hours on a holiday.
15.2.2 In addition to receiving holiday pay Solid Waste employees shall receive pay for
their regular task hours when required to work on a holiday. Should they be
required to work beyond their regular task hours on a holiday, those hours also
shall be paid at time and one half their regular rate of pay.
15.2.3 The City will publish a holiday service schedule and make up day schedule at
least six (6) months prior to the holiday.
15.2.4 Should service be provided on Sunday, the City shall pay employees, who
volunteer to work, a 3-hour minimum at their overtime rate of payor the actual
time worked whichever is greater. Employees may sign up to voluntarily work on
Sunday to perform the same type of work completed during the regular work
week.
Voluntary Sunday work assignments shall be made on a rotating seniority basis
starting with the most senior employee who signed up to work. If no employees
volunteer to work on a Sunday when work is available, the City shall assign the
work on a reverse seniority basis beginning with the least senior employee who
would normally performs the work during the regular work week.
I
..
i~!" f./
// .I 36
T A City o~ynton Beach T A Bl;e col-ra'r SEIU Florida Public Services
Union CTW, CLC
ARTICLE 16
16.0 WORK BREAKS
16.1 Employees shall receive a one-half hour (12) or one (1) hour unpaid lunch period.
16.2 Employees working in Division 28 11 (Public Water Treatment) will not receive
an unpaid lunch break and are required to remain at their normal work stations for
the duration of their shift.
16.3 Employees shall receive two (2) fifteen (15) minute paid breaks each day.
16.4 Abuse of break time is grounds for progressive disciplinary action.
~ tlf4~~ 37
T A City of Boynton Beach T A Blue Collar SEIU Florida Public Services
Union CTW, CLC
ARTICLE 17
17.0 COMPENSATORY TIME
17.1 Employees may accrue and use compensatory time in lieu of overtime pay when
the employee works in excess of forty (40) hours in a workweek.
17.2 Compensatory time will be accrued and used at the same rate the overtime rate
would be paid. Employees may accumulate up to eighty (80) hours of
compensatory time. At no time may an employee accumulate more than eighty
(80) hours of compensatory time. Compensatory time may be taken as earned
subject to the approval of the Department Head/Designee who shall schedule the
time off to meet the operating requirements of the Department.
17.3 It is solely the employee's choice as to whether 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.
- ~ '
~1~-=" -i. / ~~;:. '--, ? '-l/~ 38
l/ '-./ · /
T A City of Boynton Beach TA Blue Collar SEIU Florida Public Services
Union CTW, CLC
ARTICLE 18
18.0 WAGES
18.1 Wages shall remain at their current level and shall not increase for the duration of
this agreement.
U~ uil1~ 39
T A City of Boynton Beach T A Blue Collar SEIU Florida Public Services
Union CTW, CLC
ARTICLE 19
19.0 PROMOTIONS, RECLASSIFICATIONS, TRANSFERS & DEMOTIONS
19.1 PROMOTIONS
19.1.1 Employees interested in applying for a promotional opportunity must have been
in their current position for a minimum of six (6) months and have at least a meets
standards performance level. Each promoted employee must successfully
complete a six (6) month probationary period in the new position.
Employees are eligible for the following increases in pay upon promotion:
Promotion from non-exempt position to exempt position:
+ 100/0 of mid-point of new grade or to minimum of new grade whichever is higher
Promotion of one grade (exempt to exempt or non-exempt to non-exempt):
+5% of mid-point of new grade or to minimum of new grade, whichever is higher
Promotion of two grades (exempt to exempt or non-exempt to non-exempt):
+7.5% of mid-point of new grade or to minimum of new grade, whichever is
higher
Promotion of three or more grades (exempt to exempt or non-exempt to non-
exempt) :
+ 1 0% of mid-point of new grade or to minimum of new grade, whichever is
higher
19.1.2 In no event will the employee's base rate of pay exceed the maximum for the
position to which the promotion is made.
19.1.3 Each promoted employee must successfully complete a probationary period of six
(6) months from the date of promotion. Note: Applicants for promotion must have
been in their current position for a minimum of six (6) months and have a Meets
Standards or higher performance rating.
19.2 DEMOTION
19.2.1 Upon demotion, an employee's rate of pay will be adjusted as follows:
Decrease of one grade:
-50/0 of mid-point of current grade (position leaving)
De~rease of two grades: .
(/: S'-~ ~ i~ Gi/
~~~'"',. 40
T A City of Boynton Beach TA bfue Colla SEnJ Florida Public Services
Union CTW. CLC
- 7.5% of mid-point of current grade (position leaving)
Decrease of three or more grades:
-10% of mid-point of current grade (position leaving)
19.2.2 In no event will the employee's base rate of pay exceed the maximum for the
position to which the demotion is made.
19.2.3 The pay of a promoted employee, who is demoted prior to completion of a
probationary period, will be reduced by the same amount as the promotional
increase.
19.204 Exceptions to this policy may occur if there is a department restructuring that
result in an involuntary demotion for one or more employees. The City Manager
must approve any restructuring and resulting demotions.
19.3 LATERAL TRANSFER
19.3.1 Employees transferring from one position to another in the same pay grade,
whether in the same or in a different department, will maintain the same pay rate.
19.3.2 Each transferred employee, whether in the same or a lower grade, must
successfully complete a probationary period of six months from the date of
transfer. Probationary employees, whether in their first year as an employee or in
their six-month promotional probationary period have no property entitlement to
their position.
1904 RECLASSIFICATION
1904.1 Positions may be considered for reclassification only upon written request of the
Department Head/Designee, including detailed justification. If the
reclassification is for a change to an existing position classification (e.g. Grade 13
to Grade 14), the incumbent must complete a position questionnaire, which will
then be evaluated by the Human Resources Department. If the request is to
change from one current position classification to another, (e.g. Office Assistant
to Office Assistant, Sr.) that justification must be included in the Department
Head's request.
1904.2 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.
1904.3 Implementation of any reclassification, whenever approved, will not become
ive until the necessary funds are available in the department budget. Any
t,t Q ~~ 41
T A City of Boynton Beach A Blue Collar SEIU Florida Public Services
Union CTW, CLC
salary change required by a reclassification will become effective as of the date
the reclassification is approved.
19.5 PROMOTION FROM PART-TIME TO FULL-TIME
19.5.1 Each employee promoted from part-time to full-time must successfully complete
a probationary period of twelve months from the date of promotion.
19.5.2 Upon successful completion of the probationary period, the probationary
employee will be considered a regular employee.
TACityO~:~~ "'-~' < <7 ,\/ -~j 42
T A Blue Conar SElU Florida Public Services
Union CTW, eLC
ARTICLE 20
20.0 STANDBY & CALL BACK PAY
20.1 STANDBY PAY
20.1.1 In order to provide coverage for services during off-duty hours, it may be
necessary to assign and schedule certain bargaining unit employees to standby
beeper duty. A standby duty assignment is made in writing by a department
director or his/her designee who requires an employee on his/her off-duty time,
which may include nights, weekends or holidays, to be available to perform his
normal daily job function during off hours, due to an urgent situation. The written
directive placing an employee on standby shall specify a starting and ending
period. An employee who works a minimum of four (4) hours in a work day may
be placed on standby for that day.
20.1.2 Employee placed on Stand-by shall be assigned a take-home vehicle in
compliance with the department's rotation list appropriate for the completion of
the task required of the employee should he/she be called back to work. All take
home vehicles shall be equipped with Automatic Vehicle Locators (A VL) capable
of tracking a vehicle's location and the time of day. The A VL capability will
substitute for the City time clock for those employees responding to emergency
situations in take home vehicles. Therefore, those employees on Stand-by will not
be required to punch in or punch out on the normal City time clock and instead
may travel directly to and from their home to the work site when responding to
after-hours emergencies. For payroll purposes, the starting time of the employee
responding to emergencies will be that time when the vehicle leaves the
employee's home and the ending time will coincide with provisions outlined in
section 20.2 - Call Back Pay.
20.1.3 An employee who is called while on standby but who only responds by telephone
or electronic communication is not entitled to call back pay however, the
employee shall be entitled to one hour of straight time pay, up to a maximum of
five (5) such one-hour payments in a seven-day standby period. Any subsequent
call responses are considered as compensation under the initial standby pay
allowance. Such pay shall be documented with the time of call and a summary of
resolution of the incident telephonically or by electronic communication on log
sheets prescribed by the City. If the duration of the call is less than 15 minutes,
such time shall not count toward hours worked for FSLA purposes.
20.1.4 The employee shall receive one hour of pay at time and one half the employees
base rate of pay for each 24 hour period that they are assigned standby duty Time
spent on standby does not count as time worked for calculation of hours worked
in a workweek or for overtime purposes.
~ )~~ 43
T A City of Boynton Beach T A Blue Collar SEIU Florida Public Services
Union CTW, CLC
20.2 CALL BACK PAY:
20.2.1 Any employee called back to work after having been relieved and having left the
assigned work station or called in before his/her regularly scheduled work time,
shall be paid the actual time worked at time and one half or a minimum of two (2)
hours pay at straight time when such callback is between the hours of 7:00 a.m.
and 12.00 (midnight) whichever is greater. When such callback is between the
hours of 12.01 a.m. and 6:59 a.m. the employee shall be paid the actual time
worked at time and one-half or a minimum of three (3) hours pay at straight time,
whichever is greater. If work conducted on the call extends into normal work
hours, the time worked will be paid at straight time. Employees called back to
work during lunch breaks are not entitled to Call Back Pay. In this case the
finishing time for that particular work day will be adjusted accordingly.
20.2.2 After an employee has been called out once during the employee's time oft~ all
subsequent call outs occurring prior to the employees next regular shift will be at
a rate of one and one-half (11/2) times his/her base rate of pay for actual time
worked. If work conducted on the call extends into normal work hours, the time
worked after the start time will be paid at straight time.
20.2.3 Call out pay constitutes premium pay. Hours worked on call out count as hours
worked in the employee's work week.
,
,.
,#
~i?u.v- " " ,
" l ,. ,(__,/ 1-" ~. ' l,,./:/-) 44
T A City of Boynton Beach T A B'nfe Col~r SEIU Florida Public Services
Union CTW, CLC
ARTICLE 21
21.0 WORKING IN A HIGHER CLASS
21.1 When an employee is qualified for and is temporarily assigned the authority, duties
and responsibility for a position allocated to a higher classification, they shall
receive a 5% increase in payor the minimum of the higher classification,
whichever is greater, until returned to his/her regular classification. Employees
shall be required to perform work in a higher classification only upon written
memorandum by their supervisor. Upon release from duties and responsibilities of
the position assigned to a higher classification, the employees salary will be
reduced to the rate the employee would be receiving had the temporary assignment
never been made.
21.2 Employees shall be required only upon written memo from their supervisor to
perform work in a higher classification for training purposes. In this connection,
they shall perform that work without a 5% increase in payor the minimum of the
higher classification.
~.. -- . {~/^I-1Aj 45
T A City of Boynton Beach T A Blue Collar SEIU Florida Public Services
Union CTW, CLC
ARTICLE 22
22.0 EMPLOYEES ASSIGNED TO TRAINING DUTIES
22.1 Employees who are assigned to train another employee(s) who is/are new to the
position(s), shall be assigned in writing and shall receive a 5% increase in pay
during the time they are training another employee.
L~ . i:) . /' 4.~,/ ,/..j, I
~. ,=~~ L/\ ./\(....-- ~: / ;, {!k ~ 46
T A City 0 oynton Beach TA Blue Collar SEnJ Florida Public Services
Union CTW, CLC
ARTICLE 23
23.0 EMERGENCY PAY POLICY
23.1 Emergency pay shall hereinafter be paid in accordance with the provisions of City
Emergency Ordinance 2005-036 or the most current City Emergency Ordinance.
~ --,. rz-!IJ:/d Public Services 47
T A City of Boynton Beach
Union CTW, CLC
ARTICLE 24
24.0 CERTIFICATION PAY
24.1 The City shall pay $500.00 for each certification or license as listed in Appendix
1. The appendix may be amended from time to time pursuant to input from the
Labor Management Committee. Exceptions to the list shall be agreed upon by the
employee and the department head/designee. The City shall also pay for the
actual certification or license fee. This provision shall not operate to reduce
certification incentive pay policies. Bargaining unit members who participate in
departmental certification pay programs are not entitled to participate in the
program set forth herein
24.2 The City shall provide educational and training opportunities for lifeguards during
work hours so that the employee may earn and recertify for an EMT certificate.
The City shall pay for the course and all course material. Lifeguards who earn
EMT certificates shall receive a one-time 50/0 wage increase upon initially earning
the certificate. No other compensation is applicable for this certification.
24.3 If for any reason an employee's certification is cancelled or expires, his/her salary
will be reduced by the dollar amount initially granted when he/she received the
5% increase, but shall be reinstated if the employee is recertified.
24.4 The foregoing benefit addressed in this article is suspended for FY -10/11.
~
I .,
M6i. __ (.' \ .' \,~->J l L \ [I 48
TA City of Boynton Beach T A Blue Collar SEIU Florida Public Services
Union CTW, CLC
ARTICLE 25
25.0 SICK LEAVE
25.1 An employee shall notify his/her immediate supervisor or designee, in a manner
provided for by management, of his/her illness no less than one half (1/2) hour
before his/her normal workday begins. If an employee fails to call in within the
specified time, the employee shall be subject to progressive discipline. This
notice procedure shall be followed for each day the employee is unable to work
unless prior approval is granted by department management, wherein the
employee notifies his/her supervisor of the length of time he/she will be absent.
25.2 Sick leave will be granted upon approval of the Department Director/Designee for
the following reasons:
A. Employee's health, or up to 40 hours per fiscal year for illness of
immediate family member the employee's parent, spouse, or child.
B. Medical, dental, or optical treatment that is determined in writing by a
physician to be necessary and must be performed during working hours.
See 25.7.2
C. Quarantine due to exposure to contagious disease.
D. In connection with Workers' Compensation and which shall remain status
quo during the term of this Agreement.
25.3 Employees shall accrue sick leave at a rate of 96 hours per 12-month period or
eight (8) hours per month. No employee shall be entitled to use sick leave in
excess of the amount of such leave accumulated. Employees may accumulate a
maximum of 1040 sick leave hours. All unused hours shall be paid out at 50%
upon termination of employment with the City. Any accrued but unused sick
leave hours beyond 1040 shall be transferred into the employee's Personal Leave
Bank at one for one. Personal Leave hours may be utilized as necessary. Any
unused Personal leave hours may be cashed in upon termination with the City at
50% or the full value of the hours may be used to purchase health care benefits
should the termination be due to normal or disability retirement.
25.4 An employee making a departmental transfer will retain any unused sick leave.
25.5 Employees who have attained non-probationary status and are regular employees
will have payment made for unused sick leave for up to 1040 hours, at the rate of
50% of the total number of hours accumulated, but not taken, upon termination in
good standing, retirement or death. (Retirement shall include normal retirement,
disability retirement, or early retirement as dermed in the appropriate Pension
Plan).
k (~Y-Pr/ r l/J 49
T A City of Boynton Beach T A Blue Collar SEIU Florida Public Services
Union CTW, CLC
25.6 Employees may request, and shall be covered by the provisions of the Family
Medical Leave Act.
25.7 Sick Leave Donations
25.7. 1 It shall be the policy of the Ci ty to permi t an employee who has a
minimum of 120 hours sick leave the opportunity of donating accrued sick
leave time to a designated employee whenever extraordinary
circumstances require the designated employee to be absent from work for
a lengthy period of time (workers compensation leave time excluded), and
when the employee has exhausted all accrued sick and vacation leave
down to 40 hours. Extraordinary circumstances shall be defined as lengthy
hospitalization, critical illness or injury.
25.7.2 Sick leave exceeding three (3) consecutive work days requires medical
certification on return to work.
25.8 Restricted Sick Leave
25.8.1 A member shall be placed on restricted sick leave when a pattern of sick
leave abuse is present and the employee has had a counseling session with
his/her Director or Department Head/Designee. During that counseling
session, the employee will be informed of the reasons being considered for
restricted sick leave. At that time, the employee will be given an
opportunity to explain the sick leave taken.
25.8.2 When an employee is placed on restricted sick leave, the employee will be
notified in writing of that fact. An employee placed on restricted sick
leave shall be re-eva1uated in three months. If no violation is noted the
employee shall be removed from restricted sick leave status. If not re-
evaluated within five (5) working days after the three (3) month period,
the employee will be automatically removed from restricted sick leave.
25.8.3 During the initial ninety (90) day restrictive sick leave period, if there is a
violation of the restricted sick leave policy, progressive discipline shall be
applied and the employee will be placed on another ninety (90) day period
of restrictive sick leave beginning on the date of the policy violation. For
each successive restricted sick leave violation, the employee shall be
placed on restricted sick leave for an additional ninety (90) period and
shall be subject to further progressive discipline up to and including
termination.
25.8.4 Abuse of sick leave occurs when an employee uses sick leave for reasons
other than illness. Abuse of sick leave can result in disciplinary action or
can affect performance appraisal.
~~~,- .-I/} ,
'_ ,~_/y i.. l L/ltj 50
/'/
TA City of Boynton Beach T A Blue Coltlr SEID Florida Public Services
Union CTW, CLC
ARTICLE 26
26.0 WORKERS COMPENSATION
26.1 Whenever an employee is totally disabled from duty for a period of no more than
seven (7) calendar days because of an injury determined to be compensated under
the provisions of the Worker's Compensation Act, he/she shall be entitled to full
regular pay.
26.2 If the period of disability is greater than seven (7) calendar days, the employee
shall receive a sum of money up to an amount equal to the difference between
hislher worker's compensation check and his/her normal net pay up to three (3)
months. In no case will the salary supplement be extended beyond three (3)
months from the date of injury.
At the end of three (3) months, the Risk Manager will review the medical
certification from the employee's authorized workers compensation treating
physician for a determination of pay status. If the authorized medical certification
justifies temporary total disability, the salary supplement continuation will be
granted. If the continuation of the salary supplement is granted, it shall continue
the same rate as defined above for up to an additional three (3) months.
In no case will the salary supplement be extended beyond six (6) calendar months
from the date on which the salary supplement began.
26.3 After three (3)months from date of injury, the injured employee may elect to
receive accrued sick leave and after exhausted, vacation leave, in accordance with
his/her regular hourly wage, to the extent that hislher combined sick leave or
vacation leave, and worker's workers' compensation benefits equal his/her
regular weekly net take home salary. The employee must contact the payroll
clerk to qualify for the combined check.
26.4 It is incumbent on the employee to make application for disability in accordance
with their pension plan and the insurance plan they are covered under. Failure to
do this automatically cancels the additional City benefits.
26.5 If the appropriate disability plan denies the claim, the additional City supplement
benefit will be canceled. If the appropriate disability plan accepts the claim, the
salary supplement will be canceled after issuance of the disability pension check
or at the end of the time duration outlined above, whichever comes first.
TACityO~ - l~~ 51
T A Blue Collar SEIU Florida Public Services
Union CTW, CLC
26.6 If an employee who is receiving Worker's workers' compensation payment along
with City supplement, sick or vacation leave, is found to be working or receiving
compensation for his/her services elsewhere, during this period, 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.
J ~~O ~""=,'n,,"~, ~; ~ _ 52
' .~~. / 'L /Lt
,/ '-.../' '----- j {"
T A City of Boynton Beach T A Blue Collar SEID Florida Public Services
Union CTW, CLC
ARTICLE 27
27.0 LIGHT DUTY
27.1 Employees who have injuries which prohibit them from performing their regular
assignments may return to work and perform light duty when there is light duty
work available and the City has determined that the employee is able to perform
the work without risk of further injury. The City is under no obligation to create
light duty work. If there is no work available the employee will remain on sick
leave status until he/she has a full release to return to work from his/her doctor.
~~ --. l 53
T A City of Boynton Beach T A Blue lar SEIU Florida Public Services
Union CTW, CLC
ARTICLE 28
28.0 VACATION
28.1 Each full time employee shall earn vacation leave as follows:
Years of Service Vacation Hours
I year 80
2-3 years 120
4 years 128
5 years 136
6 years 144
7 years 152
8 years 160
9 years 168
1 0- 15 years 176
16-20 years 192
2 1 years 200
28.2 Vacation leave may be taken as earned, in thirty (30) minute increments subject to
the approval of the Department Head/Designee who shall schedule vacations so as
to meet the operating requirements of the Department. Approval of vacation
leave requests must not be unreasonably withheld.
28.3 Employees shall be allowed to take their birthday off and the hours shall be
charged as vacation hours in accordance with the rules and provisions regarding
the use of vacation time.
28.4 Employees may accrue vacation leave to a maximum of the leave earned in the
most recent two employment years. Vacation leave accrued during October 1
September 30 may exceed this stated policy, however, any amount over the
allowable maximum that has not been used during that (October 1 September
30) period will be forfeited as of September 30. However, employees who have
been denied vacation shall have the excess vacation hours paid to them, at their
regular straight time rate of pay in the last pay check of the fiscal year.
28.5 Vacation requests of three (3) shifts or less must be requested and approved or
denied prior to the end of the work shift the work day preceding the time
requested off. Vacation requests of four (4) shifts or more must be requested and
approved or denied forty-eight (48) hours prior to the time requested off.
Advanced vacation requests must be approved or denied within thirty (30) days of
the date of the request.
'"
~41ivA-'~ . . ... /}I./) .~ 54
. . \ ,/ \....,/ /:A- & l..--/
T A City of Boynton Beach T ABlue Collar SEll Florida Publ c Services
Union CTW, CLC
28.6 Employees shall be allowed to take up to twenty-four (24) hours of emergency
vacation leave on an annual basis. Employees shall make such a request in
accordance with the applicable, published Departmental call-in procedure with
the Supervisor within thirty (30) minutes of the start of the work shift.
28.7 An employee who takes leave without a timely request or without approval shall
be docked pay for the time not worked and is subject to additional disciplinary
action.
28.8 Emergency Cash-In of Vacation and/or Sick Leave Time
28.8.1 Employees faced with sudden extraordinary circumstances of hardship
who have in excess of 40 hours of accrued vacation are eligible to request
emergency cash in of vacation. If approved, an employee may convert up
to 80 hours to cash (less applicable taxes) provided they have 40 hours
remaining in their vacation accrual account after the cash-in. Conversions
must be done in increments of eight (8) hours.
28.8.2 Employees who do not have enough vacation time to use for the total
amount of emergency cash may consider including sick leave hours. Sick
leave hours that are cashed-in will be calculated at 50% of the employee's
hourly rate. The total of vacation and sick leave hours may not exceed 80
hours and vacation hours must always be used before sick hours. Payment
for sick leave hours may only be granted if the employee has the amount
of sick leave credited to his/her sick leave account and the employee
retains a minimum of eighty (80) sick hours on the books.
28.8.3 A request must be made in writing outlining the emergency and submitted
to the Human Resources Director on the appropriate form. A committee
comprised of the City Manager, Finance Director and Human Resources
Director will then review the request and approve the requested hours in
total or modified as they see fit. This benefit can be used only once each
fiscal year. At the discretion of the City Manager, the time limit rule may
be waived if there are exigent circumstances.
28.8.4 Denial of sick leave pay will be made in writing stating the reasons for the
denial. Employees may take advantage of this provision once during each
year of this Agreement
Up to twenty-four (24) hours of an employee's annual vacation accrual
may be granted for absences from work when a vacation request cannot be
made according to Article 28.5. Employees must notify their supervisor
of the need for this absence within one half (~) hour of their normal shift
start time or, if at work and the employee is notified of an emergency,
he/she may use emergency vacation no more than four (4) times per fiscal
year. Time used in this regard may be used in increments of one (1) hour.
~~~. '<~ / 55
~{ -,/) 4/
TA City of Boynton each T A Blue Collar SEIU Florida Public Services
Union CTW, CLC
ARTICLE 29
29.0 BONUS HOURS AND BONUS INCREASES
29.1 BONUS HOURS:
29.1.1 The intent of this Article is to establish a wellness program designed to minimize
time lost on the job and to help reduce the City's overall health insurance
expenses. The City recognizes that employees occasionally suffer from injuries
or illness necessitating the use of paid sick leave time off. However, this program
provides incentive to reward those employees who use sick time responsibly.
29.1.2 All full time City employees covered by this policy are eligible to receive eight
(8) bonus hours for continuous attendance at work every three (3) months
(October through December, January through March, April through June and July
through September) when the employee has not used sick time during the
previous three (3) months nor has been absent from work or on leave other than
those paid leave categories recognized in this document.
29.1.3 Bonus hours shall be counted as vacation leave and subject to the provision set
forth for use of vacation.
29.2 BONUS INCREASES:
29.2.1 In addition to any other monetary benefit, the City Manager is authorized to
approve a bonus of $500.00 when such a bonus is justified by the Department
Head/Designee, in writing, on the prescribed forms. This bonus will not affect
the employees pay grade and step. Funds for the bonus will be budgeted as a
separate allowance and administered under the direct control of the City Manager.
Employees are not automatically entitled to receive bonuses. This system allows
for top performance to be recognized by the immediate supervisor and prompt
rewards to be made at the discretion of the supervisor, provided the Department
Head concurs. This top performance must be substantiated by the supervisor and
the Department Head/Designee using the prescribed forms furnished by the City
Manager.
I'"
,"j . 1 . i
~p~ !~";; i-~,' I 4: 56
,: .~" '-' ~. 1
T A City of Boynton Beach T A Blue Collar SEnJ Florida Public Services
Union CTW, CL('
ARTICLE 30
30.0 HOLIDAYS
30.1 The following holidays shall be observed for employees in the bargaining unit:
New Year's Day Veteran's Day
Martin Luther King, Jr. Day Thanksgiving Day
President's Day Day after Thanksgiving
Memorial Day Christmas Eve
Independence Day Christmas Day
Labor Day
30.2 For each observed holiday, a full-time employee shall be entitled to eight (8)
hours of pay at the employee's regular rate of pay.
. When a City observed holiday falls on an employee's scheduled work day the
employee will receive eight (8) hours of holiday pay at straight time.
. When an observed holiday falls on an employees non-scheduled work day, it
will be treated as a floating holiday and eight (8) hours will be added to the
employee's vacation leave bank.
. Hourly rate employees must work their regular work days immediately before
and after the holiday in order to receive pay for the holiday or be in an
authorized with pay status immediately before and after the holiday.
30.3 Employees on vacation, annual military leave, jury duty, sick leave, funeral leave,
and other absences from duty, but on active pay status on the day the holiday is
observed must use the holiday on the same day that it is earned. Holidays that
occur during vacation leave shall not be charged against such vacation leave.
~ -... 57
T A City of Boynton Beach 1\ Blue Collar SEIU Flori a Public Services
Union CTW, CLC
ARTICLE 31
31.0 COMPASSIONATE LEAVE
31.1 In the event of the death of the mother, father, child, foster parent, foster child,
brother, sister, husband, wife, son, daughter, son-in-law, daughter-in-law,
grandparent, grandchild, mother-in-law, or father-in-law of a regular employee, the
employee shall be entitled to paid compassionate leave not to exceed twenty-four
(24) consecutive hours. However, if it is necessary for the employee to leave the
State in connection with the interment of the deceased, the employee shall be entitled
to paid compassionate leave not to exceed forty (40) consecutive hours. . Employees
must submit proof of death in order to be eligible for this article. The City Manager
may grant additional leave under this section when he/she deems it appropriate.
, ' ,I"" _ j1 ~1 ;
~~;'" _ C,\~/:~ 'L .t///0-I. ____ 58
T A City of Boynton Beach t1\ Blue Collar SEill FlorIda PublIc SerVIces
Union CTW, CLC
ARTICLE 32
32.0 MILITARY LEAVE
32.1 Reserve Training: All employees in the City service who are members of military
reserve units and who must attend annual training sessions are entitled pursuant to
Florida Statute 115.07. This leave of absence may not exceed 240 working hours
per fiscal yearwith pay each year in order that these employees may fulfill their
military obligations.
32.2 Active Duty: All employees who are reservists and are ordered to active military
duty shall continue to receive full City pay for the fITst thirty (30) days of active duty
and thereafter shall receive supplemental pay from the City, in an amount necessary
to bring their total compensation, inclusive of their base military pay, to the level
earned at the time they were called to active military duty.
32.3 The City will continue to pay the eligible employee's portion of health, dental and
life insurance premiums and the City's pension contribution. If an employee has
dependent insurance coverage, the Finance Department will consider this in
determining the amount of supplemental pay so that the dependent insurance
premiums can be paid prior to the supplemental check calculation. The
employee's pension contribution will also be made prior to the supplemental
check calculation. If the supplemental pay is not sufficient to pay the dependent
coverage, the employee will be responsible for sending the City a check to cover
the dependent premium. The employee will also be responsible for making
arrangements for any other benefit premium or other deduction. Current
U.S.S.E.R.A. regulations will be followed regarding employee benefits.
32.4 Continued Service: Unless the person provides the City with written notice that
they do not plan to return to employment with the City, no break in service will
occur during the period of active duty and the employee with continue to accrue
service for purposes of seniority and pension eligibility
32.5 Employees on active Military Duty are required to provide the City with their
military orders for the duration of their assignment.
1l~~ - ~~ 59
T A City of Boynton Beach T A Blue Collar SEIU Florida Pub IC ServIces
Union CTW, CLC
ARTICLE 33
33.0 LEA VE OF ABSENCE
33.1 A regular employee may be granted leave of absence without pay for a period not to
exceed six (6) months for sickness, disability or other good and sufficient reasons
that are considered to be in the best interest of the City. Requests must be in writing.
A leave of absence without pay of up to 30 calendar days can be approved by the
employee's Department Head and the Human Resources Director. A leave of
absence in excess of 30 calendar days must be approved by the City Manager.
Employees that are on approved leave of absence without pay will be responsible for
paying all their benefit premiums, e.g., insurance, etc.
33.2 Leave of absence without pay will not be granted in order to accept employment with
another employer. If granted, leave of absence without pay may subsequently be
withdrawn and the employee recalled to service. All employees on leave of absence
without pay are subject to applicable provisions of these rules. There will be no
accrual of sick leave, vacation leave or seniority during a leave of absence without
pay exceeding 30 days.
1
"
~ I~-"",' I ; ~ ? _ I 60
& \,j' \'-.../ '~\./ /1 d
T A City of Boynton Beach T A Blue Co' ar SEIU Florida Public Services
Union CTW. CLC
ARTICLE 34
34.0 UNAUTHORIZED ABSENCE
34.1 A bargaining Unit Member who is absent from work without authorized leave for
a period of more than three (3) days shall be deemed to have abandoned his or her
job and shall be separated from employment with the City. Separation of this
type shall not be considered a disciplinary separation.
34.2 However, a bargaining Unit Member who is absent from work without authorized
leave for a period of not less than three (3) days or more than thirty (30) days, but
who was physically unable to notify hislher employer or have another person
notify his/her employer, shall not be deemed to have abandoned his or her job and
shall not be separated from employment with the City. Under these
circumstances, the director of Human Resources must be provided with details of
the absence and he or she must determine if just cause exists.
~ ~ X;vt'1~f}1 61
T A City 0 oynton Beach T A Blue Collar SEIU Florida PUblic Services
Union CTW, CLC
ARTICLE 35
35.0 JURY DUTY
35.1 Leave with pay may be authorized in order that regular employees may serve
required jury duty or a subpoena issued by a court of law to appear as a witness on
cases relevant to the City, provided that such leave is reported in advance to the
Department Director. All pay granted under this section must be approved by the
Department Director. In order for the employee to receive hislher regular pay for
such leave the employee must deposit the money which he/she receives for jury duty
or as a witness with the City Finance Department for those hours that coincide with
hislher regular work schedule, unless otherwise provided by law. Employees can
keep only travel expense monies. Employees subpoenaed as witnesses in cases
unrelated to City business may take vacation leave in order to receive pay.
,....
j
f
J~~~~~~- 1 ,
I L/q
.; , 62
l~ ',- ", ~
T A City of Boynton Beach TA Blue Collar SEnJ Florida Public Services
Union CTW, CLC
ARTICLE 36
36.0 SENIORITY and LAYOFF
36.1 For the purpose of this Contract, "seniority" shall be defined as the employee's
length of continuous service with the City of Boynton Beach. The City and the
Union recognize the value of an experienced work force and agree that an
employee's seniority shall be considered, along with the needs of the City, when
affecting decisions on vacations, promotions and shifts.
36.2 Employees shall lose their seniority for the following reasons:
a. Termination
b. Retirement
c. Resignation
d. Unexcused absences for twenty-four (24) or more work hours
e Failure to report to the Human Resources Office intention of returning to
work within five (5) days of receipt of recall as verified by certified mail
f. Failure to report from military leave within the time prescribed
36.3 The City Manager may layoff any union employee whenever such action is made
necessary by reason of shortage of work or funds, the abolishment of a position,
consolidation of departments or divisions, privatization, reclassification, or
reorganization; however, no regular employee shall be laid off while there are
temporary or probationary employees serving in the same position for which the
union employee is qualified, in the judgment of the Department Head in
consultation with the Human Resources Director.
a. Employees will be given two (2) weeks of severance pay when laid off
from the City.
b. Whenever the layoff of one or more employees becomes necessary, the
City Manager shall notify the Union at least two (2) weeks in advance of
the intended action and the reason therefore.
c. Whenever the layoff of one or more employees becomes necessary, the City
Manager shall notify the Human Resources Director at least ten (10) days in
advance of the intended action and the reason therefore.
d. The Human Resources Director shall furnish the City Manager with the names
of the employees to be laid off in the order in which such layoffs shall occur.
2~to minimize the disruPt~n of the o~erations of the City, the order of
l.e - G 63
TA City of Boynton Beach TA Blue ollar SEIU Florida Public Services
Union CTW, CLC
layoffs shall be in reverse order of total continuous time served in the same
classification and within the same department, except in the case of the
elimination of a department or division, in which case only the employees in
the department or division being eliminated will be laid off
e. Temporary and probationary employees shall be laid off, in that order prior to
layoff of Union employees.
/'" ,
J,4~-- IV, i,
J '. ,~"- {.1 -,
, . · \. / ''; L- l- {. l 64
~' \. j '----- . ,.(
T A City of Boynton each T A Blue Colhir SEIU Florida Public Services
Union CTW. CLC
ARTICLE 37
37.0 RECRUITMENT AND SELECTION
37.1 Recruitment and Selection process and procedures will follow those described in the
Personnel Policy Manual (PPM) of the City of Boynton Beach.
M!~ - Q~ 65
T A City of Boynton Beach T A Blue Collar SEIU Florida Public Services
Union CTW, CLC
ARTICLE 38
38.0 SAFETY AND HEALTH
38.1 Those employees of the Beach Patrol who are assigned lifeguard duties will be
provided masks or goggles, sunscreen lotion, bathing suits, and winter jackets for
safety purposes. In addition Beach Patrol employees shall receive a wage
allowance of $120.00 per fiscal year, by December 1st of each year, for the
purchase of specialty sunglasses or prescription safety eye wear.
Mechanics will be provided two (2) sets of overalls per year for safety purposes.
The City shall make available immunization shots for tetanus, hepatitis and
diphtheria for all members of the bargaining unit on a voluntary basis.
38.2 Employees who are in positions designated by the Safety Committee will receive
safety shoes/boots annually, as personal protective equipment, provided by the
City designated vendor. Those shoes/boots shall only be worn for official City
business.
The union shall participate on the Safety Committee. The City/Safety Committee
will be responsible for deciding which positions require the 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's approved type and quality,
from a different vendor. The employee may seek reimbursement of the cost of
the shoes/boots from the City, not to exceed $115.00 excluding taxes. Such
reimbursement shall occur after approval of the shoes/boots by the Risk
Management Department, based upon the City/Safety Committee's approved type
and quality.
Employees who fail to wear proper shoes/boots to work are subject to disciplinary
action.
38.3 Any instance where the authorized safety shoes/boots do not last the full year will
be brought to the attention of the employee's supervisor and the Risk
Management Department. In such an instance, the shoes/boots will be returned to
the City. The City will have the shoes/boots replaced by the designated vendor or
an additional set of shoes/boots will be purchased by the City from the designated
vendor for the employee.
A. IA ~~ <>L,c, ,.,
lA;, 66
T A City ofBoy~ton each T A Blue Coli' r SEIU Florida Public Services
Union CTW, CLC
38.4 The Incident Review Board shall include one representative appointed by the
Union.
38.5 Commercial Drivers' License (CDL License) Physicals
In accordance with the Federal Motor Carrier Safety Regulations (FMCSR)
employees in position classifications which require a CDL license, and employees
who may hold a CDL license and from time to time perform CDL job functions for
the City due to special circumstances, must be medically examined according to
regulations and be certified with a valid medical certificate, in accordance with the
FMCSR regulations, as physically qualified to operate a commercial motor vehicle.
The cost for the regular physical examination required to maintain a CDL license
will be borne by the City. Any additional expense related to maintaining the license
will be borne by the employee.
U ~ cULPnf1) 67
T A City of Boynton Beach T A Blue Collar SEIU Florida Public Services
Union CTW, CLC
ARTICLE 39
39.0 TOOL REPLACEMENT
39.1 Except in the case of negligence or misuse as determined by the Incident Review
Board, all employees requested to furnish tools for their job shall receive
replacement tools for tools broken in performance of the City's work provided
they furnish the City with a list of their personal tools approved by their
department head.
39.2 Employees who are assigned City provided tools, materials and items of value to
perform their job, and who lose those tools, materials and items of value, shall be
responsible for replacing those lost tools, materials and items of value. Tools
stolen from an assigned City owned vehicle or City property shall be replaced by
the City, if the employee was not negligent in the loss. In the event that the
employee was negligent, as determined by the Incident Review Board, the
employee shall be responsible for the replacement of the lost or stolen tools.
39.3 Fleet Mechanics shall receive an allowance of $500.00 annually to purchase new
tools that are required for the employee to complete his assigned task. The City
shall contiI).ue to purchase all required specialty tools and replace lost, stolen, or
broken tools at fair market value. For all other employees, the City shall provide
all necessary tools to those bargaining unit employees required to utilize tools in
their service to the City.
39.4 Payments provided for replacement items under this contract are provided as a
reimbursement and not as a flat payment.
39.5 New hires who are eligible for a tool allowance shall receive a prorated amount of
the annual allowance based on the number of months remaining in the fiscal year.
"
" ?~ ./ ,.,9 /
~~~.. ,j' "I' '! 68
T A City of Boynton Beach T ~ Blue Coli~r SE~ F\~'ri Public Services
Union CTW, CLC
ARTICLE 40
40.0 UNIFORMS
40.1 The City will issue a newly-hired employee the following properly fitted standard
industrial quality uniforms thirty (30) days after starting work:
5 Green short-sleeve or long-sleeve work shirts
5 Green work pants
5 Tee shirts
1 Jacket (Bi-annually)
2 Hats (1 hat exchanged, as needed)
5 White polo shirts (Bus Drivers)
1 Sweatshirt
40.2 Animal Control Officers and Lifeguards shall be issued uniforms in accordance
with the Department Policy. Employees have been furnished a uniform and must
wear their uniform to work. Bargaining unit members are being given a sufficient
number of uniforms to make a neat, clean appearance at work every day.
Bargaining unit members will not be allowed to start work each day unless they
are in full uniform. Employees must purchase additional uniforms if necessary to
comply with this Section unless the uniform is replaced pursuant to Section 6 of
this Article. Only City issued hats and jackets may be worn while on duty,
inclusive of breaks.
40.3 Bargaining unit members agree to maintain the uniforms and to hem the pant
1eg( s) properly (There will be no cutting or ripping of raw, unfinished edges,
rolling up, stapling or scotch taping).
40.4 Employees in certain classifications may be permitted to wear shorts at their
supervisor's discretion. When worn, shorts must be neatly tailored and hemmed
without frayed edges or cuts, and must fall within four (4") inches of the kneecap.
During the term of this Agreement and thereafter, the City Manager in his/her
sole discretion may change the decision made under this Section and the Union
agrees to waive any bargaining over such changes.
40.5 Bargaining unit members will be entitled to a re-issue of properly fitted standard
industrial quality uniforms. Re-issue of uniforms on an annual basis consists of
five (5) work pants, five (5) shirts, with an option of five (5) T-shirts, for a total
of ten (10) shirts and one (1) sweatshirt annually. (The option of which style of
shirt is determined by the employee's needs).
U .... Ct~~ 69
T A City of Boynton Beach T A Blue Collar SEIU Florida Public Services
Union CTW, CLC
40.6 Uniforms destroyed or damaged while being worn on the job will be replaced
provided a memo is submitted from the employee to the supervisor outlining the
cause of the damage. All issues being replaced must be turned in for the new
issue and recorded.
40.7 City uniforms are for City job use only. Uniforms shall not to be worn on outside
jobs, be given to non-city employees, or worn while off duty (break periods
excepted), except while the employee is actually traveling to and from work.
Uniforms may be worn while traveling to and from work, provided the employee
does not stop in transit to engage in personal business or activities. Bargaining
unit employees shall not purchase or consume alcoholic beverages while wearing
their uniform.
40.8 The City reserves the right to utilize a uniform service for the provision of
uniform apparel.
40.9 When the employee has a medical condition, as identified by the employee's
physician and verified by a City appointed doctor, which prevents the employee
from wearing the standard department uniform, the employee may wear a City
approved alternate uniform. If the medical condition is for an extended period of
time, an updated doctor's note shall be resubmitted every two (2) years.
40.10 Failure to wear the proper uniform will result in the appropriate disciplinary
action in accordance with Article 12. An employee who comes to work in non-
approved apparel will be sent home for the balance of the day and his/her pay will
be docked accordingly unless apparel is unavailable.
!
) i
1 ... ,P7.. ... 1
J<~rli", 70
i' I' ' l'
L,,-' /1
T A City of Boynton Beach T A Blue Coriar SEIU Florida Public Services
Union CTW, CLC
ARTICLE 41
41.0 INSURANCE
41.1. Medical, Vision and Dental Insurance
The City shall pay the total medical, vision and dental insurance premium for all
bargaining unit members. The members will pay the full cost of medical, vision
and all but $7.00 of the dental insurance premium for their dependents. In the
event the City changes benefits options for employees then the health insurance
coverage for the employee and their dependants may be amended from time to
time. In this connection, should the employees' cost to provide dependent
coverage for their dependents increase more than 15 % during any fiscal year, the
City agrees to open this Article for the purpose of bargaining. The review and
selection of insurance coverage shall be made on an annual basis by the City. To
that end, the City will form an insurance advisory committee to be comprised of
an equal number of non-represented members who are appointed by the City
Manager and two members from each of the city's bargaining units. Bargaining
unit representatives shall be designated by the Union. The final decision regarding
selection of insurers is reserved to the City, but the City shall strongly consider
input and recommendations from the insurance advisory committee.
~ " T~ Public Services 71
T A City of Boynton Beach
Union CTW, CLC
ARTICLE 42
42.0 PERSONNEL FILES
42.1 The personnel files for all City employees are maintained by the City's Human
Resources Department. If a request is made to review an employee's personnel
file by someone other than the Department Director, the Human Resources
Department Staff or the City Manager's office, a notice will be sent to the
employee notifying him/her of such a request. Consistent with State law, the City
agrees that upon request, a member shall have the right to inspect his/her own
personnel records and shall have the right to make duplicate copies of his/her
records at no expense. The City will purge personnel files in accordance with
appropriate Florida State Statutes. The employee file maintained by the Human
Resources Department shall be the official file for each employee.
4 r
T A City o~~~e:~ ..~. ... .. ~ TA ~~ ~~11!r~I~Fl0~ida~Ublic Services 72
Union CTW, CLC
ARTICLE 43
43.0 TUITION ASSISTANCE PROGRAM
The Tuition Assistance Program as described in the Administrative Policy Manual
(APM) will be followed. Refer to 04.01.03, Organization and Strategic Development
Policies tuition Assistance Program in the APM for specifics.
~ ,..~ ~&r!;;l'l~ 73
T A City of Boynton Beach T A Blue Co ar SEIU Flonda PublIc ServIces
Union CTW, CLC
ARTICLE 44
44.0 GENERAL PROVISIONS
44.1 The employee shall be allowed to place written responses in their personnel file
and/or departmental work file when those responses relate to material placed into
the personnel file which has been prepared by the supervisors (i.e. reprimands,
written comments).
,.. - I
-,' X ' I
L j, \.' ( I I
~~'"' A, _' ',--,-- " l \../ LA 74
T A City of Boynton Beach - TX B~-~e Coll~~ SEIU Florida Public Services -
Union CTW. CLC
ARTICLE 45
45.0 DUES DEDUCTION
45.1 Employees covered by this Agreement may on the prescribed form, authorize
payroll deduction for the purpose of paying the Union dues and/or a uniform
COPE deduction. Employees shall receive copies of the form from either the City
Finance Department or their Union office.
45.2 The Union will initially notify the City as to the amount of dues and/or COPE
deduction. Such notification will be certified to the City in writing over the
signature of an authorized officer of the Union. Changes in Union membership
dues or COPE deductions will be similarly certified to the City and shall be done
at least one (1) month in advance of the effective date of such change. To revoke
the payment of Union dues and/or COPE deductions.1 the employee shall go to the
Union office and Union staff shall prepare and mail notice of such change to the
City's Finance Department.
45.3 Dues and COPE deductions shall be deducted each pay period and remitted
monthly and the funds shall be remitted along with a list of employees
contributing to the Treasurer of the Union within fifteen (15) days after the end of
the month. The check for COPE deductions will be submitted to the Union
separately from the check for dues on a quarterly basis. The Union will
indemnify, defend and hold the City harmless against any claims made or suits
instituted against the City on account of payroll deduction of Union dues and/or
CO PE deductions.
45.4 For the purpose of putting this article into effect, the Union will furnish forms for
such individual authorization reading as follows:
~~A '" -- (~~ 75
T A City of Boynton Beach T A Blue Co lar SEIU Flonda PublIc ServIces
Union CTW, CLC
NOTICE TO CITY AND UNION AUTHORIZATION
FOR DEDUCTION/DISCONTINUA TION OF UNION DUES
I hereby authorize my City to deduct from my salary each pay period my Union
dues, as certified to the City by the Union, and to transmit this amount to the Treasurer of
the Union.
I herby authorize my employer to deduct from my salary each pay period my
COPE deduction of $2.00 per week, as certified to the employer by the Union, and to
transmit this amount to the Treasurer of the Union.
I understand that these authorizations are voluntary and I may revoke them at any time by
giving my employer and the Union thirty (30) days advance notice in writing.
Date Signature
Job Title Name Printed
II
-{ .!
k" i ,\ ! l"L ~I
'~.~' l/ \.," ," ( :'. . ___ 76
TA City of Boynton each TA Blue Collar SEIU Flonda PublIc SerVIces
Union CTW, CLC
ARTICLE 46
46.0 PENSION
46.1 Employees will continue to participate in the employees' pension plan of the City
of Boynton Beach Ordinance No. 88-43, as amended. A copy of the plan's annual
actuarial valuation report will be provided to the Union, in its entirety, upon
request from the Union.
lLf.3 ~ ~J 77
T A City of Boynton Beach T A Blue Co ar SEIU Flonda PublIc ServIces
Union CTW, CLC
ARTICLE 47
47.0 SUBSTANCE ABUSE
47.1 The Union recognizes and supports the City's Drug Free Workplace Policy in the
current City Ordinance and will work with the City to enforce the provisions of
the policy. It is recognized by the Union that the City's Drug Free Workplace
Policy applies to all members of this bargaining unit.
,
~!1Y~ ," t 78
T A City of oynton Beach TA Blue Colla' SEIU Florida Public Services
Union CTW, CLC
ARTICLE 48
48.0 PROBATIONARY PERIOD
48.1 All newly hired or rehired employees shall be subject to a probationary period of
one (1) year.
48.2 All promoted employees shall be subject to a probationary period of six (6)
months.
~ -- ~JJiii; 1J 79
T A City of oynton each T A Blue ollar SEIU Flonda PublIc ServIces
Union CTW, CLC
ARTICLE 49
49.0 LONGEVITY BENEFIT
49.1 Employees eligible are those employees who:
a. Have been employed with the City on a regular full-time, continuous basis for a
minimum of five (S) years.
b. Have an overall "Meets Standards" or above rating on the previous employee
evaluation
49.2 Employees will receive a cash Lump Sum Bonus as follows:
. On the employee's fifth (Sth) anniversary, a lump sum bonus payment
of $SOO.OO~
. On the employee's tenth (10th) anniversary, a lump sum bonus
payment of$1000.00~
. On the employee's fifteenth (1Sth) anniversary, a lump sum bonus
payment of $1 ,SOO.OO;
. On the employee's twentieth (20th) anniversary, a lump sum bonus
payment of $2,000.00;
. On the employee's twenty-fifth (2Sth) anniversary, a lump sum bonus
payment of $2,SOO.00;
. On the employee's thirtieth (30th) anniversary, a lump sum bonus
payment of$3.000.00.
. On the employee's thirty-fifth (3Sth) anniversary, a lump sum bonus
payment of $3,SOO.00.
. On the employee's fortieth (40th) anniversary, a lump sum bonus
payment of $4,000.00.
49.3 Any pay earned for Longevity Benefits is subject to required Federal deductions.
49.4 Employees who terminate from the City employment prior to their hire
anniversary date will not be entitled to benefits.
49.S The foregoing benefit addressed in this article is suspended for FY 10/ II
\
- ,.
12' ,
r. f.'.~,
~== ' . . /' 1__ /" W '
l '--" f: ZA 80
j / \ " i/
T A City of Boynton Beach TABlue CollarSEIU Florida Public Services
Union CTW, CLC
ARTICLE 50
50.0 SAVINGS CLAUSE
50.1 If any Article or section of this Agreement should be found invalid, unlawful or
not enforceable, by reason of any existing or subsequently enacted legislation or
by judicial authority, all other articles and sections of this Agreement shall remain
in full force and effect for the duration of this Agreement.
12. ~~ Q ~~~ 81
T A City of Boynton Beach T A Blue Collar SEIU Florida Public Services
Union CTW, CLC
ARTICLE 51
51.0 MODIFICATION OF CONDITIONS
51.1 Changes to City or Departmental rules and regulations may be made by the City
following thirty (30) days written notification to the Union. When pre-
implementation or impact bargaining IS requested by the Union, the
implementation date of the change shall be delayed an additional thirty (30) days.
51.2 There are no non-salary (wages or allowance) monetary benefits, including those
established by past practice, except those expressly set forth or incorporated by
reference in this Agreement.
~ ///~ i'"
4' ~ i. / / / {---- / / /;,
. b r . ./ ..-/../" .j" v'. U-/l',. 82
TA City of Boynton Beach TA Blue Collar SEIU Flonda PublIc SerVIces
Union CTW, CLC
ARTICLE 52
52.0 POSTING OF AGREEMENT
52.1 The City will maintain a copy of this Agreement for inspection in the Human
Resource Department, the City Clerk's Office and every Department/Division
with blue collar workers.
52.2 The City will post a copy of this Agreement, as ratified, on the City's web page.
Jl~1A- --- .......... (i)J!A1J/1J 83
T A City of Boynton Beach T A Blue Collar SEIU Florida Public Services
Union CTW, CLC
ARTICLE 53
53.0 COLLATERAL DOCUMENTS
53.1 This collective bargaining Agreement does not exist in a void. Provisions of the
City's PPM, APM, Departmental Rules, and other policies established by
resolution or ordinance (collectively referred to as collateral documents) are
applicable to bargaining unit members unless the terms of said collateral
documents conflict with the terms of this Agreement, in which case the terms of
this Agreement shall control.
53.2 Nothing herein shall be interpreted to preclude the right of the Union to impact
bargain, subject to applicable law.
"
~~,. A /4;<>' ,/,~ 84
T A City of Boynton Beach fA Blue G ar SEIU Flori a Public Services
Union CTW, CLC
ARTICLE 54
54.0 DURATION
54.1 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. Wage and benefit levels existing on September 30, 2010, shall be frozen
as of that date and shall constitute the status quo during any period of negotiations
for a successor Agreement.
54.2 In the event of State Legislative enactment which will alter or affect the flow of
revenue to the City during the term of this Agreement, or a budget proposal which
would result in the elimination of bargaining unit positions, the 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 and the impasse
issue shall be submitted to the City Commission at the second Commission
meeting following the expiration of the forty-five days (45). The City and the
Union waive the appointment of a special magistrate to resolve the impasse and
agree that the City Commission shall have final authority to resolve the impasse
Issues.
During the negotiations and the impasse process, if any, the base wages of
bargaining unit employees will be frozen at the levels in place at the time the City
requests to reopen negotiations and no subsequent base wage increases will occur
except as thereafter negotiated by the City and the Union, or, in the event the
reopened negotiations do not result in a ratified Agreement, as imposed by the
City Commission through the impasse process.
54.3 A notice of intent to reopen shall be made in writing. The parties will promptly
engage in bargaining the reopened article.
~ ~ ~bA 85
T A City of Boynton Beach 14 A Blu llar SEIU Florida Public Services
Union CTW, CLC
Agreed to this /bVz day of JJ~/~A 2010 by and between the
- -
respective parties through the authorized representatives of the Union and the City.
SEIU Florida Public Services Union, The City of Boynton Beach FL
CTW, CL
Confirmed by: I
{ft~
lphonso Mayfield, President
SEIU Florida Public Services
Union, CTW, CLC
Ratified by the Union on the Approved by the City of Boynton Beach
,.},S' day oft?c-~J;'"20l0 on the I fo t:A day of Nov. ,2010
The City and the Union bargaining teams consisted of the following individuals:
City: Union:
Kurt Bressner, City Manager Carl Booth, Chief Negotiator
James Cherof, City Attorney Michael Osborn, Chief Steward
Lori La Verriere, Assistant City Manager Kalem Mahdi, Union Steward
Sharyn Goebelt, Dir., Human Resources Jeffrey Mark, Union Steward
Marylee Coyle, Assistant Dir. Human Resources Donald Roberts, Union Steward
Michael Low, Deputy Dir. Utilities
Tim Howard, Assistant Dir. Financial Services
) ~1/t.A ,
J~~~e- - 86
TA City of Boynton Beach T A Blue 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, _____________________________________________________u________________, request to be absent from duty for a union
Rr:PRr:SENTA')'] VE'S NAMI:~
m eetin gat ___n_____________________________________ ,0 n ________________________________________ , at _____________________________________ fo r
LOCATION DATE: TIME
the following Reason:
- Grievance This form rnust be complete(1 and
- Consultation with Management receIved by Fmance within seven (/'
- Pre-Determination Conference calendar clays of the Ineeting date a':
Employee Requested Representation stated on this fann
-
- Collective Bargaining
- Arbitration
- NCF&O Business
(CHECK ONE) Union Representative's Signature
Release Authorization- _ Approved _ Denied (Completed by Supervisor! Manager)
I ~
Printed N mne Title Time Out
Signa ture Date
Meeting Verification (Completed by Management Representative at meeting or Supervisor
releasing employee for meeting with union representative)
J I
Printed Name Title Meeting Start Time
~ t
Signature Date Meeting End Time
Return to Work (Completed by Supervisor! Manager)
J ,
Printed Name Title Time Returned
Signature Date
TOT AL ELAPSED TIME I ~
(Total elapsed time is the difference from the TIME OUT and the TIME RETURNED)
Reason for denial:
~ --- T~EiU'~~a Public Services
T A City of Boynton Beach
Union CTW, CLC