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White Collar 10/01/10 - 9/30/11 tz 10 - H08 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND SEIU FLORIDA PUBLIC SERVICES UNION, CTW, CLC WHITE COLLAR BARGAINING UNIT October 1, 2010 - September 30, 2011 U I' - . ,'- --?~/ T A City of Boynton Beach TA White Collar sE'ru Florida Public Services Union, CTW, CLC T ABLE OF CONTENTS 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 ARTICLE 6.... ...................................... ......... ............. .......................... ............ ..... 11 6.0 NON-DISCRIMINATION ................ . ... . ..."..... ".. " "'" .. .... II ARTICLE 7......... ............ ................................. ." .,.. ' "" ...,,....,.,.,. ..- ., .. .., 12 7.0 REPRESENTATION OF THE CITy............... .................. ......... .............. 12 ARTICLE 8....................................................... ... . ......... . , .....'............,,, ...." 13 8.0 UNION REPRESENTATION............. .......... .... ................... "'" ...... . 13 ARTICLE 9............................................................................................... ...... 15 9.0 COLLECTIVE BARGAINING....... . ,... .... . , ..... .15 ARTICLE 10.............................................. ....., ............... .................... 16 10.0 UNION TIME POOL.... ........... < ."., 16 ARTICLE 11............................ ........ .. ".,". .. 18 11.0 BULLETIN BOARDS.... ..........,... .....,.. .. . ...,....< . ., ..... . ...... 18 ARTICLE 12.................................................... . ....... . >.."".., ".' .,.,. . ....... 19 12.0 PROGRESSIVE DISCIPLINE .......... .. ..... '.. . ............ ..... .. 19 ARTICLE 13................................ """ ........... .... .......... .......... 30 13.0 GRIEVANCE PROCEDURES ."..... ., ...' ... .., ... ..,.. .......30 ARTICLE 14.. .............. ................................................... .....H... . .. ... . .. . .. 34 14.0 BASIC WORK WEEK AND OVERTIME....... .. .....,..... ,.. . ...,. .. ..... 34 ARTICLE 15.................................... ..,...... ".., . . . . . . . . . " . . . . . ., .. 36 15.0 COMPENSATORY TIME.. .. ....... .... ., . """'" , ... ...36 ARTICLE 16............................... ." ,,,......, ......... . ....... .. 37 16.0 WAGES ....................".. ... , ......,.. ..", . "..", .,..... ......... ' ." ..37 ARTICLE 17..... ................. .................. .................... ........ ........................... ...... . ........... 38 17.0 PROMOTIONS, RECLASSIFICATIONS, TRANSFERS & DEMOTIONS ..... 38 ARTICLE 18........................... .. . ..... ......... .... -....."..., ...,. . 41 18.0 STANDBY PAY................... . .' ..... ,,,.,,,.., ., ..." 41 ARTICLE 19...................................." .."..... ... .... ...., ".... .. . , ...,...43 19.0 EMERGENCY PAY POLICY. ........... ." ' ,..,. .... . .. 43 ARTICLE 20...................................... ............ .... .... . . . . . . '.. .... ....44 20.0 CER TIFICA TION PAY.. . . . . . . . . .. .. .... ..,.,. " .. " ..44 ARTICLE 21.. .......................... ..... ........ .............................. ..... ..'. """',.." ......45 21.0 E~PLOYEES ASSIGNED TO TRAINING DUTIES .................... .. 45 i 'l \ "...-' '~. (' i .;,. . ~'1.. h- Tiwhitt1'~llar siru Florida P~blic T A CIty 0 Boynton Beac Services Onion. CTW. CLC ARTICLE 22........................... ..................................... .......... .............. .................. ..... ...... 46 22.0 WORKING IN A HIGHER CLASS.................................. ............. ...................... 46 ARTICLE 23...................................... .......................................... ................... .................. 47 23.0 SICK LEA VE ................... ......................................... ..... ...................................... 47 ARTICLE 24.......... .......... ............ ................................ ................................ ..................... 49 24.0 WORKERS' COMPENSATION............... ............................................ .............. 49 ARTICLE 25...... ............................................... ................... ............................................. 50 25.0 LIGHT DUTy................................................................................ ...................... 50 ARTICLE 26.. ........................................... ........................................................................ 51 26.0 V ACA TION ............ ............................................................. ......... ........................ 51 ARTICLE 27.. ..................... ...................... ............................................................ ............ 53 27.0 BONUS HOURS ......................................................................... ......................... 53 ARTICLE 28................. ............................................................................... ..................... 54 28.0 HOLIDA YS ................................................................................... ....................... 54 ARTICLE 29........... ..... ....................... ................................................. ............................. 55 29.0 COMP ASSIONA TE LEA VE ............................................................................... 55 ARTICLE 30.................................... .................................................. ............................... 56 30.0 MILITARY LEA VE ....................................... ...................................................... 56 ARTICLE 31.................................... ............................................ ..................................... 57 31.0 LEAVE OF ABSENCE......................... ............... .................... ............................ 57 ARTICLE 32........................... ..... ..................................... ..... ................................. .......... 58 32.0 UNAUTHORIZED ABSENCE....... ........................................................... .......... 58 ARTICLE 33................................ ............................... ...................................................... 59 33.0 JURY DUTy............................................... ......................................................... 59 ARTICLE 34................................ .......................... ................................ ........................... 60 34.0 SENIORITY & LAYOFF ............ ......................................................................... 60 ARTICLE 35........................... ................................ ............................. ............................. 62 35.0 RECRUITMENT AND SELECTION ............................ ................................... ....... 62 ARTICLE 36......................... ............................. ................................ ....................... ........ 63 36.0 SAFETY AND HEALTH.................... ....................................................... .......... 63 ARTICLE 37........................... ......................... ........................................................ ......... 64 37.0 INSURANCE.............. .............................................................................. ............ 64 ARTICLE 38........................... ........................ .................................................... .............. 65 38.0 PERSONNEL FILES................................ ........................ .................................... 65 ARTICLE 39........................... ...................... ................................ .................... ................ 66 39.0 TUITION ASSISTANCE PROGRAM ................................................................ 66 ARTICLE 40............................ ..................... ......................... ......................... .................. 67 40.0 GENERAL PROVISIONS............... ................... ............ ..................................... 67 ARTICLE 41................................ ................. .................. ............. ................ ..................... 69 41.0 DUES DEDUCTION ......................... .................. .......................... ....................... 69 ARTICLE 42. ................................................ .............. ................. ................ ..................... 71 42.0 PENSION ........................................... ............... .............................. ...................... 71 ARTICLE 43... ............................................... .................. ............................ ..................... 72 43.0 SUBSTANCE ABUSE..... ................. .................. ...................................... ........... 72 ARTICLE 44.......... ...................... .................. ............. ....... ............................................... 73 44.0 PR BA TIONARY PERIOD .................................:...............7.......................... 73 '1) /;t./l , 3 _ ,,'_''' "---' V ../' //" TA City of Boynton Beach TA White Collar SEru Florida Public Services Union, CTW, CLC ARTICLE 45................................... . . ..,. - . . .. ..... - - . . . . . . . "'"'''' "",...., .,... 74 45.0 LONGEVITY BENEFIT......................... .... ,........" .. .., .... .. ........ 74 ARTICLE 46.................................. ... .,............ . . . . . . .. .. ... ...... ...75 46.0 BONUS INCREASES ..................... . ... ..- .............. .......... ............ 75 ARTICLE 47....... .......................... .".....". ... .. .."..... ... ......................... , .... ......... 76 47.0 LABOR-MANAGEMENT.. ............ .... ...... . ... ..."..,. ,...".,.. ,.. .. ... 76 ARTICLE 48..... ............................. , ......0.. - - . . .. "... ,>>..... .-. ,.,. ......,., , ...........77 48.0 SAVINGS CLAUSE..................... ..... , ... ... .........,., ........... 77 ARTICLE 49............................. ................... ......, . ...... "'" .......". .. ... ,. ...78 49.0 MAINTENANCE OF CONDITIONS....... ....... .,.... "" "" ."." ..... .. 78 ARTICLE 50............................................. ... .. . . ..". . , .. ...... ,..,...., '''''''' 79 50.0 POSTING OF AGREEMENT ..................... ........,.. ....... .........79 ARTICLE 51..... .......... ................... ......... ...,. ..... .. ""....... ...... 80 51.0 COLLATERAL DOCUMENTS ........' ...... .>. .... ." ... .. 80 ARTICLE 52............................. . ,. ....' ,'., , - ."....., ...... ....81 52.0 DURATION..............,.... . , "...-...-.- .... , . ",... .. .. 81 \ ~oAAD~> " /' 4 J ',-,~~.r- I ~-""'--~--,_._~ TA City of Boynton Beach TA White Collar SEIU Florida Public Services Union. CTW. CI.C ARTICLE 1 1.0 PREAMBLE 1.1 This agreement is entered into by and between the City of Boynton Beach, Florida, hereinafter referred to as the Employer" or "City", and the SEIU Florida Public Services Union CTW, CLC, hereinafter referred to as the "Union.''-:- The general purpose of this Agreement is to set forth terms and conditions of employment and to promote orderly and meaningful labor relations for the mutual benefit of the City of Boynton Beach in its capacity as an employer, the employees, and the citizens of Boynton Beach. The parties recognized that the best interest of the community and the job security of the employees of the City depend upon the City's success in establishing and maintaining effective, proper and superior service to the community. 1.2 The parties agree that nothing in this agreement shall prohibit the parties from meeting and discussing any items of mutual interest in accordance with the law. U ,1') tY--:/Z / 5 - T A City of Boynton Beach T~ W'hite~lar SEIU Florida Public Services Union, CTW, CLC ARTICLE 2 2.0 RECOGNITION 2.1 The City of Boynton Beach hereby recognizes the SEIU Florida Public Services Union, CTW, CLC as exclusive representatives for the bargaining unit described below for the purpose of bargaining collectively with the City relative to wages, hours, and terms and conditions of employment of the pubic employees within the bargaining unit. 2.2 The bargaining unit is comprised of those positions certified for inclusion by the Public Employees Relations Commission. 2.3 In the event of a conflict between the foregoing list of positions included in the bargaining unit and the unit as recognized by the Public Employees Relations Commission (PERC), the unit recognized by the PERC shall control. ~/ // 6 I,' t.:, --........,,'- -,- ~- TA City of Boynton Beach fA White Collar SEIU Florida Public '-;en/ices 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. k i)'~) 7 - vJ ( T A City of Boynton Beach TA White Collar SEIU Florida Public Services Union, CTW, CLC ARTICLE 4 4.0 MANAGEMENT RIGHTS 4.1 Except and only to the extent that specific provisions of this Agreement expressly provide otherwise, it is hereby mutually agreed that the City has and will continue to retain, the right to organize, plan, direct, control, operate and manage its affairs and those of its employees in whatever manner it deems appropriate in each and every respect. The parties to this Agreement hereby agree that, in construing this section, the legal principle that "the expression of one item is the exclusion of another" shall not apply. Rather, full effect shall be given to the intention of the parties that management shall retain all constitutional, ordinance, inherent, common law, or other rights except to the extent specific provisions of this Agreement expressly provide otherwise. The Union recognizes the prerogatives of the City to operate and manage its affairs in all respects; and the powers and authority, which the City has not abridged, delegated or modified by this Agreement, are retained by the City. The rights reserved to the sole discretion of the City shall include, but not be limited to, the right: 4.1.1 To determine the purpose and mission of the City and all its employees, to determine the amount of budget to be adopted, and to exercise control and discretion over the organization and operation of the City in all respects including the right to determine whether goods or services are to be made, provided or purchased and to decide the design and maintenance of the departments, facilities, supplies and equipment. 4.1.2 To maintain economic stability. 4.1.3 To change or eliminate existing methods of operation, equipment, or facilities and to adopt and implement technological changes or improvements including, but not limited to, vehicles, and all other materials or supplies. 4.1.4 To determine the methods, mcome and personnel by which such operations are to be conducted including the right to contract and sub- contract existing and future work. 4.1.5 To select, hire, test, classify, promote, train, assign, retain, evaluate, lay- off, schedule, and determine the qualifications of all employees. 4.1.6 To suspend, demote, discharge, reprimand, or take other disciplinary action against employees for just cause. 4.1.7 To determine the organization of City government. " j " ~'1_, 8 __ _____._ .....1.---__~._~,.__ T A City of Boynton Beach TA White Collar SEIU Florida Public Services 1 inion. CTW. CLC 4.1.8 To determine the purpose and extent of each of its constituents, departments and positions therein. 4.1.9 To set standards for service to be offered to the public, and standards for the performance of duties of job assignments. 4.1.10 To manage and direct the work of the employees of the City, including the right to assign work and overtime. 4.1.11 To establish, determine, implement and maintain effective internal security practices. 4.1.12 To determine the number, type and grades of positions or employees assigned to an organizational unit, department or project. 4.1.13 To determine lunch, rest periods, and clean-up times, the starting and quitting time, and the number of hours to be worked. Work schedules will be posted, and will not be altered in the midst of normal pay periods. 4.1.14 To adopt or enforce cost or general improvement programs. 4.1.15 In a civil emergency, to use personnel in any lawful manner. 4.2 If, in the sole discretion of the City, it is determined that civil emergency conditions exist, including, but not limited to, riots, civil disorders, hurricane conditions, tornado, national emergencies, or other emergency conditions, the provisions of this Agreement may be suspended by the City during the time of the declared emergency. 4.3 The City has the right to impose something that is unilateral in nature, and the Union has the right to object to that decision. If the City does impose something on a unilateral basis and the Union after notice fails to object to that decision within six (6) months, it shall be considered finally imposed. 1k2 ' )~~11J;~j 9 T A City of Boynton Beach TA White Collar SEIU Florida Public Services Union, CTW, CLC ARTICLE 5 5.0 STRIKES 5.1 The SEIU Florida Public Services Union, CTW, CLC , or their member agents or designees, agree during the life of this Agreement that they shall have no right to engage in any work stoppage, slow down, strike or unlawful picketing. 5.2 In the event of a strike, work stoppage or interference with the operation and accomplishment of the mission of the City Administration, a state or international representative of the Union shall promptly and publicly disavow such strike or work stoppage and order the employees to return to work and attempt to bring about prompt resumption of the normal operations. The Union representatives shall notify the City twelve (12) hours after commencement of such strike, what legitimate measures it has taken to comply with the provisions of this Article. , /~-\ I . .. f,' /\ 10 '>- ' . ~"t " /("!" 'i' v l/ '-. v T A City of Boynton Beach TA' White Co ar SEID Florida Public Service~ Union, CTW, CLC ARTICLE 6 6.0 NON-DISCRIMINATION 6.1 The Employer and the Union agree that all provisions of the Agreement shall be applied to all employees covered by it and the Employer and the Union affirms their joint opposition to any discriminatory practices to the extent prohibited by law in connection with employment. 6.2 It is agreed that no employee shall be discriminated against, as prescribed by State or Federal laws, in their employment because of race, creed, color, sex, age, national ongm, marital status, physical handicap, sexual orientation or membership or non-membership in the Union. .~ k~vJ 11 -- TA CIty of Boynton Beach WhIte Co SEIU Flonda PublIc Services Union, CTW, CLC ARTICLE 7 7.0 REPRESENT A TION OF THE CITY 7.1 The City shall be represented by the City Manager, or a person or persons designated in writing to the Union by the City Manager. '\ ,. i .\ 't , L/i 12 ~~L,.. ...." , ~ v --, TA City of Boynton Beach T A White 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 four (4) City employee stewards as agents of the Union. The Union shall furnish written notice to the Department Head of the designated Union officers and stewards within three (3) days of ratification of this Agreement and when any change in designation is made thereafter. The City recognizes the right of the Union to designate one (1) chief steward from among the four (4) City employee stewards. The authority ofa Union steward to act on behalf of and bind the Union is implied from their designation as Steward. 8.2 Non-employee officials of the Union shall, with prior written notification to the City Manager, be admitted to the property of the City for purposes of administering the Agreement. Union officials as designated above shall only be able to meet with City employees in non-work areas (i.e., break areas) and during non-work time. Nothing in this section shall preclude or interfere with the City's right to control access to City facilities for safety and lor security purposes. 8.3 Union stewards will be granted leave to engage in collective bargaining subject to the limitations set forth in Article 9,9.2, or to meet with the representatives of the City and consultation with management representatives to avoid or resolve grievances including LaborlManagement meetings, subject to section 9.2. 8.4 Union stewards may be granted leave and may utilize "union time pool" time to engage in the following representative activities: 1. When an employee who is required to appear at a hearing related to a grievance and or arbitration. 2. When an employee who is or responding to a disciplinary action or investigation. 3. When an employee is attending a pre-determination hearing. 4. When additional Stewards or bargaining unit members are participating in collective bargaining in accordance with Article 9, Section 9.2. Members of the bargaining unit may each donate a proportionate share of the hours necessary to fund the Union time pool. Union time pool time may be transferred from steward to steward. Stewards may be released without payor they may use accrued vacation time, but in either event, only at the discretion of the department head (or designee), whose approval shall not be unreasonably withheld and when releasing such employee does not adversely effect the on- going day to day operations in any department. Additional hours may be used, with pay, when those hours are funded by "Union Time Pool" time. The City may stop the use of such time off if it interferes with productivity or manpower needs. However, the exercise of such right on the City's part shall not be arbitrary 1ha tllj/jiVJ 13 -- TA City of Boynton Beach T A White Collar SEIU Florida Public Services Union, CTW, CLC or capricious, nor shall it allow the City to proceed in a manner that deprives the employee of his or her right of representation. 8.5 No employee shall engage in Union business while on duty except as referenced in Section 8.3. 8.6 The City Manager will grant the Union stewards combined leave, without pay, for a total of twenty (20) days per year in order that they may attend conferences, seminars and similar events or other union activities related to their representative function provided the leave does not adversely effect the on-going day to day operations in the any department. 8.7 Stewards shall maintain and provide to the City a Union Business time-out slip that shall be processed to show their accumulated hours used against the Union time pool. The form for this purpose shall be attached hereto as Appendix .. A" to this agreement. " 41' ,.,...-/'.) ~ 14 ~A <.. "'. - T A White Cb1'lar SEIU Florida Public T A City of Boynton Beach Services {Inion. CTW. eLe ARTICLE 9 9.0 COLLECTIVE BARGAINING 9.1 The membership of the bargaining unit shall be represented in collective bargaining by the President of the Union or by a person or persons designated in writing to the City Manager. The President of the Union, or the person or persons designated shall have full authority to conclude a Collective Bargaining Agreement on behalf of the Union subject to a majority vote of those members of the Bargaining Unit voting on the question of ratification. It is understood that the Union representative or representatives are the official representatives of the Union for the purpose of negotiating with the City. Such negotiations entered into with persons other than those defmed 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 ofthe Union. 9.2 No more than three (3) stewards or bargaining unit members may participate in collective bargaining while on duty, without loss of pay. Additional Stewards or bargaining unit members may participate in collective bargaining (present at the table) by utilizing Union Time Pool hours, or while off duty, or when on approved paid leave. ~ /; /l/ 15 -. T A City of Boynton Beach TA Who e Collar SEIU Florida Public Services Union, CTW, CLC ARTICLE 10 10.0 UNION TIME POOL 10.1 Members of the bargaining unit may each donate a share of their accrued vacation and/or sick leave hours (provided the member maintains at least 120 hours of accrued time) to fund the Union time pool. The employee's designated donation shall be deducted each October 15t during the term of this agreement. A list of those employees donating to this time pool shall be maintained by the Union, a copy of which will be provided to the City Manager, Human Resources Director and Finance Director. 10.2 Union time pool time may be transferred from steward to steward. If the total hours used exceeds the total amount of hours in the time pool, stewards may be released without payor they may use accrued vacation time, but in either event, only at the discretion of the department head (or designee), whose approval shall not be unreasonably withheld and when releasing such employee does not adversely effect the on-going day to day operations in any department. Additional hours may be used, with pay, when those hours are funded by "Union Time Pool" time. 10.3 The City may delay the use of such time off if it interferes with productivity or manpower needs. However, the exercise of such right on the City's part shall not be arbitrary or capricious, nor shall it allow the City to proceed in a manner that deprives the employee of his or her right of representation. Whenever the City has scheduled a meeting at which a Union representative is required and that meeting is cancelled, the City shall reschedule the event at the convenience of both parties. 10.4 Donations to the union time pool shall be solicited by the union during ratification of the agreement or any other non-work time. Donations shall be transferred from the employees appropriate leave bank within thirty (30) days of the time of donation, and each year of the agreement during the month of October. 10.5 When employee donations into the union time pool reach 50 hours, the City shall donate 25 hours to the union time pool. There will be no further donations from the City. 10.6 Time pool hours shall roll over from one year to the next. 10.7 Union representation shall utilize the designated union time-out slip when using time pool hours. ~,~ 16 ~l~ ------ -~- -_._---,._-- T A City of Boynton Beach T A White Collar SEIU Florida Public Services Union. CTW. ('LC 10.8 Union time pool hours shall only be used for a steward's leave from assigned regular duties. 10.9 Union time pool hours shall be classified as paid leave from work. ~ --., j~~vJ 17 TA City of Boynton Beach TA White Collar SEIU Florida Public Services Union, CTW, CLC ARTICLE II 11.0 BULLETIN BOARDS 11.1 The Union shall be provided space on bulletin boards at each location so designated by the City in the areas where unit employees normally are assigned to work for the use of SEIU Florida Public Services CTW, CLC members. These bulletin boards shall be used for posting Union notices, signed by a Union officer but restricted to the following: A. Notices of Union recreational and social affairs; B. Notices of Union elections and results of elections; C. Notices of Union appointments and other official Union business; D. Notices of Union meetings. E. Union newsletter On Track (may be unsigned) 11.2 All other information, including any notices containing any information other than purpose, date, time and place may be posted on such designated areas and the Union shall furnish the City Manager's office with a copy. All costs incidental to preparing and posting of Union materials will be borne by the Union. The Union is responsible for posting and removing approved material on its bulletin board and for maintaining such bulletin boards in an orderly condition. 11.3 The Union shall not post endorsements for candidates who are running for offi.ce. 'r , " r /9;. ! I ,( I 18 ~~i~", \. // . X / TA City of Boynton Beach fA White t~lla~-SE;U 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 prior disciplinary actions, insubordination, employee willingness to improve, overall work performance and teamwork. ~ c,LU-1~/\ j 19 -- T A City of Boynton Beach TA White Collar SEIU Florida Public Services Union, CTW, CLC 12.2.4 Certain misconduct is so contrary to the public interest that dismissal shall be the only appropriate measure. 12.2.5 The level of misconduct may differ in individual cases from apparently similar incidents. The City retains the right to treat each occurrence on an individual basis without creating a precedent for situations that may arise in the future. This case-by-case method is designed to take individual circumstances and/or mitigating factors into account. These provisions are not to be construed as a limitation upon the rights of the City. but are to be used as a guide. 12.2.6 Verbal and written counseling will not be subject to administrative review by the Human Resources Director. Regular employees may respond to written reprimand discipline actions by requesting an administrative review by the Human Resources Director. Such request shall be made within ten (10) calendar days of the imposition of the discipline. The Human Resources Director shall review the disciplinary action in question and shall either sustain, reverse, or modify the disciplinary action. The Human Resources Director's disposition shall be made within thirty (30) days of the employee's request for review. The Human Resources Director's disposition is final and not subject to further review. All prior discipline received by an employee may be considered when a new discipline is contemplated. Discipline older than 36 months may only be reviewed and not used for progressive discipline. A pattern of discipline over a short period of time has greater weight than sporadic discipline spread over an extended period of time. EXAMPLES OF MISCONDUCT The following types of infractions, offenses or misconduct shall represent employee noncompliance with rules, regulations, policies, practices or procedures of the City or the Department or employee wrongs or offenses that violate permissible behaviors or are specifically prohibited by law. The following are examples of violations that shall result in discipline and the progressive discipline actions that may accompany the violations. MISCONDUCT 1. Conduct unbecoming of a City employee. Conduct unbecoming a City employee means: Employee behavior or actions on the part of the employee, on the job, which hinder or jeopardize the successful operation of the City, undermine teamwork and cooperation among City employees, or undermine the public confidence in the City or its employees. 2. Violations or disregard of City Safety Policy & Procedures, including: a. Careless use of vehicles or equipment b. Fai~re to use all safety restraints when riding in or operating a City vehiclp , [ ~M",)d ' ' J- ; , ~. (I 20 ',-_.' "_,~." . -~_._--' TA City of Boynton Beach TA White C liar SEIU Florida Public Service, Union. ('TW. CLC c. Failure to wear and or use prescribed uniforms or equipment 3. Abuse of Personnel Policies, including but not limited to: a. Abuse of sick leave privileges, sick leave policy or excessive absenteeism b. Failure to notify Department and or Human Resources of current address and telephone number within ten (10) calendar days of change c. Failure to report any outside employment 4. Abuse of departmental procedures and work rules including: a. Failure to provide name and official title to any person requesting same when performing work related duties b. Habitual extension of lunch period or break period c. Habitually late for work without valid reason d. Smoking in prohibited areas e. Unauthorized solicitation, posting of material or non-productive behavior NOTE: This chart outlines the usual progression options for occurrences of misconduct. If serious misconduct or extreme misconduct has occurred previously, there will be faster progressive action. OFFENSE TYPE I ST OCCURRENCE 2NU OCCURRENCE 3RD OCCURRENCE Misconduct Written Counseling Written Reprimand Suspension Without Payor Dismissal SERIOUS MISCONDUCT 1. Violation or disregard of City Safety Policy & Procedures, including: a. Continued misuse of equipment or negligence resulting in injury to self others or damage to City equipment or property b. Horseplay potentially hazardous to life or property c. Unauthorized use or unsafe operation of City property, equipment or vehicles 2. Abuse of Personnel Policies, including: a. Threatening a co-worker or supervisor b. Use of abusive language to or about an employee, co-worker, supervisor or the public c. Insubordination, meaning the failure to recognize or accept authority of a supervIsor 3. Abuse of departmental procedures and work rules, including: a. Sleeping on the job b. Absent without calling in to department within thirty (30) minutes before shift start time c. Disrupting or hindering departmental operations d. Failure to work required overtime assignments, special hours, special shifts or lZvailability during stand-by status / y' I 21 T A City of tton Beach 1/ U41,~) TA White Collar SEIU Florida Public Services Union, CTW, CLC e. Outside employment which conflicts, interfered or otherwise hampers the performance of the employee in their City job 4. Inefficiency or Incompetence a. The inefficiency or incompetence in the performance of assigned duties may result in demotion or disciplinary action up to and including termination. Examples of poor performance shall include failure to provide responsive, courteous, high quality customer service or repeated failure to support team goals, and contribute to team success. b. Refusal to perform assigned duties and responsibilities. c. Employees who receive an OVERALL "Partially Meets Standards" or "Does Not Meet Standards" performance evaluation (rating of I or 2) shall be given follow-up evaluation within 60 days of the "Does not Meet Standards" or "Partially meets Standards" initial evaluation. More than one overall rating of "Below Standards" may subject the employee to demotion or disciplinary action up to and including termination. It is the responsibility of every employee to perfOllli at a minimum level of "Meets Standards" f 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 OCCUlTed previously, there will be faster progressive discipline. OFFENSE TYPE I ST OCCURRENCE 2ND OCCURRENCE 3RD OCCURRENCE Serious Misconduct Written Reprimand or Suspension Without Dismissal Suspension Without Pav Pavor Dismissal EXTREME MISCONDUCT 1. Violations or disregard of City Safety Policy & Procedures, including: a. Failure to report an on-the-job injury or accident within 24-hours to the immediate supervisor b. Failure to report an employees' on-the-job injury to Risk Management within 24 hours and/or completion of necessary documentation c. Fighting on the job or engaging in any intentional act which may inflict bodily harm on anyone d. Operating a City vehicle or equipment without a required and valid driver's license e. Failure to rep0l1 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) r 22 ~Hi 'I. -< ;Jr~" - ."\ / rAWhit~follar SEfu F~;id~ Public TA City of Boynton Beach Services \ Jnion. ('TW. el.f b. Gambling during work hours c. Refusal to sign a disciplinary form d. Suspension or revocation of any required job related license or certifications. 3. Abuse of departmental procedures and work rules, including: a. Unauthorized personal use of City equipment or funds b. Conducting personal and/or private business on City time; improper use of City time for such activity c. Falsifying attendance records d. Other department rules as communicated by director or supervisor 4. Illegal, unethical or improper acts, including: a. Theft or removal of City property without authorization b. Falsifying employment application or concealing information during pre- employment screening or processing c. Soliciting or accepting an unauthorized fee or gift or failure to comply with Chapter 112, Florida Statute d. Giving false information or failure or refusal to fully cooperate or provide full truthful information in City initiated investigations e. Possession, use or sale of illegal drugs, alcohol or prescription medication that alters the employee's performance on the job or any confirmed positive drug test f. Possession or use of alcohol while on duty; or reporting to work under the influence of alcohol g. Refusal to participate, if offered, in a drug/alcohol rehabilitation program h. Refusal to submit to a City required drug or alcohol test 1. Falsifying or attempting to falsify a City ordered drug test J. Violating the City's Sexual Harassment policy through interaction with another employee or a member of the public k. Conviction of a felony (Including non-work related) The following chart outlines the progressive discipline options for incidents of extreme misconduct. If misconduct or serious misconduct has occurred previously, there will be faster progressive action. OFFENSE TYPE 1 ST OCCURRENCE 2ND OCCURRENCE Extreme or Unlawful Suspension Without Dismissal Misconduct Payor Dismissal Note: The progressive discipline steps outlined above refer to the discipline options the City may take. If such discipline is appealed to arbitration, the arbitrator is not bound in any manner by such options and is free to independently determine the appropriate level of discipline if the employee IS found to have committed the offense. ~ 23 - T A City of Boynton Beach 12.3 PROCEDURE FOR DISCIPLINARY ACTION 12.3.1 When an immediate supervisor becomes aware of conclusive evidence of the need for the employee discipline, he/she becomes responsible and shall investigate the circumstances of the misconduct or lack of performance, prior to deciding upon the type of disciplinary action to be recommended or taken. Documentation of the discipline investigation or of the conduct shall be required on the part of the immediate supervisor in order to establish appropriate records. Human Resources will be available to assist in such investigations. In cases where investigations of a more substantial nature are required, the following types of administrative review shall be administered 12.3.2 Administrative Review - Investigations of non-criminal violations conducted in the absence of immediate or conclusive evidence involving any City employee, with the exception of Police department employees. These investigations shall be conducted by the Department Director and Human Resources, who shall obtain all sufficient information, including documentation and/or sworn statements, in order to determine the necessity or level of disciplinary action. Human Resources shall assume responsibility for acquiring any necessary sworn statements. Verbal Counseling, and Written Counseling will not be subject to administrative review by Human Resources. Administrative investigations shall be conducted expeditiously. 12.3.3 Criminal Investigations - Investigations conducted when criminal violations are reportedly committed by an employee of the City. These investigations shall be conducted by the Police Department, In collaboration with the Department Director of the involved employee. 12.3.3.1 In instances where an investigation of serious, unlawful or other extreme misconduct IS necessary, administrative and/or criminal investigations shall be conducted prior to the effective date of final disciplinary action. 12.3.3.2 The immediate supervisor may initiate a three-day suspension or less suspension with pay to afford a supervisor the opportunity to investigate an alleged incident or misconduct in the absence of the employee. Suspensions of more than three days with pay require the approval of the Human Resources Director. This practice may also be used in the event that alleged misconduct IS severe but unproved. The immediate supervisor shall immediately notify the Department Director and Human Resources after the suspension is issued, so that the matter can be investigated. 12.3.3.3 A recommendation for disciplinary action may result from the findings of an investigation. If disciplinary measures are not recommended after the '. ., ; }r \ 24 ~;f(~ ~---~--"----'-~- T A City of Boynton Beach rA White Collar SEru Florida Public Service~ I Jnion, ('TW. CLC investigation, the suspension with pay period shall not be counted as disciplinary In nature. A document confirming a favorable determination as to the matter should be made part of the employee's record. VERBAL WARNING or other instructive verbal communication will not constitute discipline and an employee is not entitled to union representation when management is taking such action. Verbal warning or other instructive verbal communication may be used to establish that an employee knew or should have known that performance, work habits, and behavior is not appropriate. 12.4 TYPES OF DISCIPLINARY ACTION A. WRITTEN COUNSELING - Consists of the immediate supervisor warning the employee to correct or improve performance, work habits or behavior, and counseling the employee on improvements expected. Written Counseling serves as a warning against further repetition of employee behavior. Future violations will result in discipline up to and including termination. The immediate supervisor should complete a Written Counseling Memorandum. The employee shall be required to sign the form signifying that he/she has read and discussed the contents with the supervisor. The Written Counseling Memorandum shall be forwarded to Human Resources for retention in the employee's records, with a copy provided to the employee. The supervisor may request that the employee complete a written action plan to correct the behavior. Employees may submit comments for inclusion in the record. B. WRITTEN REPRIMAND - Consists of an immediate supervisor issuing a written notice of reprimand to improve performance, work habits or behavior. A written reprimand should include a complete description of the incident(s) of misconduct, inappropriate behavior, work habits or performance which require improvements; previous records of discussion; a time frame within which the employee must correct or improve hislher behavior; and a warning that future violations will result in further disciplinary actions up to and including termination. Written reprimands shall be signed by the employee to acknowledge receipt and forwarded to the immediate Supervisor and the management witness and forwarded to 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 ~vements, a follow-np discussion at the end of the designated time period dl -t~) 25 TA City of Boynton Beach fA White ollar SEIU Florida Public Services Union, CTW, CLC should be conducted. The follow-up discussion will provide a specific opportunity to review the employee"s improvements relative to the discipline. Written reprimands should be reflected on the employee's performance appraisal along with any noted improvements. C. SUSPENSION WITHOUT PAY - Consists of an employee being prohibited from returning to work until the specified period of suspension has passed or the forfeiture of vacation time, if agreed to by the employee. Suspensions without pay shall be used when an employee is removed trom 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. t. With the written authorization of the Department Director and Human Resources, immediate supervisors have the authority to issue a suspension without pay for two (2) working days or less. 2. All other suspensions without pay require prior concurrence by Human Resources, review by the City Attorney's Office and authorization by the City Manager's Office. 3. Employees being suspended without pay shall be notified in writing by the immediate supervisor. The written notification shall consist of the reason for the action and the duration of the suspension without pay. It shall also include a statement that future violations will result in further disciplinary actions up to and including termination. 4. Employees may submit comments for inclusion in the record, Written notification of a suspension shall be signed by the suspended employee acknowledging receipt of the written notification, and forwarded to Human Resources for inclusion in the employee's record, with a copy provided to the employee, the Department Director, and one to the Finance Department for payroll purposes. D. DEMOTIONS - In the context of this policy, demotion consists of an employee being involuntarily removed trom 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 wr*en recommendation to the City Manager thn;mgh Human Resources. ~.". J 26 ~. -' -------------- TA City of Boynton Beach rA White Collar SEIU Florida Public Service..; Union. CTW. CLC Demotions require concurrence from Human Resources, review by the City Attorney's Office and authorization from the City Manager prior to being effected. Written notification of demotions shall be provided to the employee by the department Director. Such notices shall include the final decision, the reason(s) for the decision, the employee's new classification title, the new pay range and pay rate, and the effective date of the demotion. Written notifications shall also include that future violations will result in further disciplinary actions up to and including termination if the demotion was a result of misconduct. All documentation of a demotion shall be retained in the employee's file in the Human Resources Department. A copy of the written notification of demotion shall be forwarded to the Finance department for payroll purposes. Employees may request a demotion to a lower level classification voluntarily. Such demotion shall not be punitive. Employees may submit comments for inclusion in the record. Written notification of a demotion shall be signed by the employee acknowledging receipt of the written notification and forwarded to Human Resources for inclusion in the employee's record. E. DISMISSAL - Dismissal is a result of an employee's involuntary termination that severs the employment relationship. At such time all employee benefits cease, except as otherwise provided by law. Immediate supervIsors shall supply through documentation and discuss recommendations for an employee's dismissal with their chain of command and Human Resources. Upon receiving a written recommendation from the supervisor, the Department Director shall submit the documentation to Human Resources. Dismissals shall be effected only with the concurrence of Human Resources, review by the City Attorney's Office and authorization by the City Manager. A written notice of recommended termination shall be given to the employee in person. However, after two unsuccessful attempts to deliver the notification, then the notice shall; be sent via US mail to the most recent address on record in the personnel file. The recommendation shall include the following information: 1. The underlying reasons for the recommended termination 2. Documentation upon which the Department Director relied in formulating said recommendation 3. An explanation of his/her rights to request a predetermination hearing prior to termination taking effect and the facts that the decision to discipline of the City Manager shall be fmal subject to grievance and arbitration as provided for in Article 13 of this Agreement. c~ {JZR1/1/l j 27 - TA Ity of Boynton Beach TA White Collar SEIU Flonda Public Services Union, CTW, CLC The dismissal recommendation and the City Manager's final decision shall be placed in the employee's personnel file, and a copy shall be forwarded to the employee and his/her Department Director. Employees may submit comments for inclusion in their personnel file. Probationary employees who have not successfully completed the established probationary period shall be subject to dismissal without cause, after review by Human Resources. 12.5 RIGHT TO PRE-DETERMINATION HEARING Prior to the effective date of any suspension without pay of three (3) days or more, or a termination, the City shall conduct a predetermination hearing. The City Manager's designee shall conduct the predetermination hearing. The employee shall be provided with reasonable notice of the predetermination hearing date and of the charges which are the grounds for the disciplinary action. The employee may be accompanied and assisted at the predetermination hearing by a representative of his/her choice. The employee shall be afforded the opportunity to present information in defense or mitigation to the charges brought against the employee. Following the predetermination hearing, and any further investigation into issues raised by the employee in defense or mitigation of the charges, the Human Resources Director and the City Manager's designee shall sustain, reverse, or modify the disciplinary action and give the employee written notice of his/her action and establish the suspension or termination date(s) if appropriate. Information gathered before, during or after a pre-determination conference constitutes part of the City's investigation or an act of omission that can result in discipline. 12.6 EMPLOYEE APPEALS- GRIEVANCES 12.6.1 Probationary employees shall not have the right to appeal or grieve any type of disciplinary action. 12.6.2 Regular employees shall have just cause appeal and grievance rights as outlined in Article 12 of this Agreement. 12.6.3 Regular employees may respond to disciplinary actions of suspensions without pay of one (1) workday or less by requesting administrative review by the Human Resources Director. Such request shall be made within ten ( 1 0) 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. I . ,'. ...Jrt. ) / y..' , . .,' 28 ~ J:::.~ T A White ~'611~~ S~IU ;lori~a tbliC TA City of Boynton Beach 5ervices Union, CTW. CLC 12.6.4 Regular employees may appeal a disciplinary action greater than suspension without pay of more than one (1) work day using the same procedure for grievances as set forth, in Article 13, Grievance Procedures. When a grievance/disciplinary appeal is not settled, the Union may initiate arbitration starting at Step 3 in Article 13. Regular employees may not grieve a one (1) day suspension. 12.7 PERFORMANCE IMPROVEMENT PLAN Employees who receive a Written Reprimand with a Suspension shall be placed on a Performance Improvement Plan. The purpose of Performance Improvement Plan is to monitor employee performance, with an evaluation of performance being made every 30 days. The employee must demonstrate immediate and sustained improvement in their performance throughout the 90-day evaluation period or face dismissal. CRIMINAL CHARGES 12.8 DISPOSITION OF CRIMINAL CHARGES When a City employee who is a member of the bargaining unit is arrested and charged with a felony offense, the employee shall be placed on administrative leave without pay until final disposition of the criminal charges. An employee who is convicted of or who pleads guilty or no contest to a felony in conjunction with a plea negotiation shall be terminated from their employment with the City. An employee placed on administrative leave without pay, under these circumstances may use accrued vacation and accrued sick time during the leave period. If found innocent or if the State Attorney drops the charges, not as a result of a plea deal, the time will be reinstated. TACii~on Broch ~/IJ 29 TAite Collar SEIU Florida Public Services Union, CTW, CLC ARTICLE 13 13.0 GRIEVANCE PROCEDURES 13.1 A grievance is defined as a dispute or disagreement involving the application or interpretation of this Agreement. Issues or disputes which are not grievances as so defined shall not be subject to arbitration, but may be processed through the grievance procedure only after all attempts to resolve the dispute through labor management meetings has failed. 13.2 No employee or group of employees may refuse to follow directions pending the outcome of a grievance except where safety would be jeopardized. Employees in the bargaining unit will follow all written and verbal directives, unless the employee has an objective basis to believe that his/her health and safety is threatened. Compliance with such directive will not in any way prejudice the employee's right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the grievance. The parties agree that the grievance procedure shall be the sole and exclusive method for resolving any dispute involving the application or interpretation of the Agreement. Counseling and performance evaluations cannot be grieved. 13.3 All grievances shall be in writing on a form prepared by the City and the Union. All responses to a grievance must be in writing and dated by the responding party. Grievances not appealed to the next higher step within the prescribed time limits will be considered withdrawn and need not be further processed by the City. Failure by management to observe time limits for any step of the grievance procedure shall entitle the employee to advance the grievance to the next step. Grievance time limits may be extended only by mutual written agreement of the Union and the City. 13.4 GRIEVANCE PROCEDURE STEPS The parties agree to a step procedure for processing grievances. The deadlines hereinafter listed may only be extended by written agreement of the parties. An extension or waiver of a deadline shall never be inferred by the conduct of the parties. When the Union fails to timely move a grievance to the next step, the grievance is deemed withdrawn and cannot be re-filed. When the City fails to respond at any step, the grievance is deemed denied and the Union may proceed to the next step. The parties agree to substitute a grievance tracking system which utilizes the City Clerk's Office as a conduit for filing as follows: r ~L,., i '\. }', l l L~,--_ 30 j \. _.,~._- ' . TA City of Boynton Beach T A White Collar SEIU Florida Public Services Union. CTW, CLC 13.4.1 Step 1. Within ten (10) business days of the incident or the time which the employee had knowledge of the incident, the Union may initiate a grievance by filing a grievance with the City Clerk's Office, with a copy to the employee's Department Director/Designee. The grievance shall be hand delivered or sent by facsimile between the hours of8:00 a.m. to 5:00 p.m. The written grievance should state the following: a. Statement of the grievance and the facts upon which it is based. b. The Article(s) and Section(s) of this Agreement alleged to have been violated. c. The action, remedy, or adjustment requested. d. The signature of at least one aggrieved employee and/or a union representative and the date filed. e. A statement indicating the grievance is a class action grievance, when appropriate. Any and all grievances submitted as a class action must be signed by a Union Official (President or Vice-President). f. A statement identifying the positions of the class of workers affected, when brought as a class action grievance. Any and all grievances submitted as a class action must be signed by a Union Official (President or Vice-President). In the event a grievance doesn't contain the required information, as listed above, it shall be returned to the grievant and/or Union Steward for further processing. If the ten (10) working days since the initial incident has passed when the grievance is returned, the period for the grievant and/or Union Steward to resubmit to the City Clerk's Office will be extended forty-eight (48) hours. The Department Director shall respond to the grievance on or before 5:00 PM on the eleventh (11 th) business day following the date of receipt of the grievance. 13.4.2 Step 2 In the event the employee is not satisfied with the disposition of the grievance by the Department Director/Designee, the, union, shall have the right to file a written appeal of the decision to the Human Resources Director within five (5) business days of the date of receipt of the Department Director's/Designee's decision. Within five (5) business days of receipt of the grievance, the Human Resources Director will contact the aggrieved employee, and schedule a meeting within five (5) business days to discuss the matter. The Human Resources Director or designee shall respond in writing to the employee within five (5) business days of the meeting. 13.4.3 Step 3 When a grievance/disciplinary appeal is not settled under the forgoing steps of/he grievance procedure, the Union, within twenty (20) days of such decision ~ ;~ 1 31 --, ,/l, "1/1_ / TA City of Boynton Beach TA White Collar SEIU Florida Public Services Union, CTW, CLC or termination, may initiate arbitration by tiling a request with the Federal Mediation and Conciliation Service for an arbitration panel. A copy of the request shall be served on the City. The City and the Union will select arbitrators from a panel list provided by the Federal Mediation and Conciliation Service (FMCS). The arbitrators shall set the hearing with the understanding that the hearing on the matter appealed will be heard within ninety (90) calendar days following appointment. If the arbitrator is not available within the ninety (90) day period. the next arbitrator shall be used. The arbitrator shall make a final and binding ruling within thirty (30) days of the hearing or. when requested by either party, the submission of briefs. 13.5 The arbitrator shall have only jurisdiction and the authority to apply and interpret the provisions of this Agreement. He/she shall not have jurisdiction to alter or change in any way the provisions of this Agreement and shall confine the decision solely to the issue of interpretation or application of the Agreement presented. The decision of the arbitrator on any matter within his/her jurisdiction shall be final and binding on the Union. the City and the employee covered by the Agreement. When an arbitrator has been selected by the parties, the City shall have ten (10) days from receipt of notice of appointment to raise arbitrability as a defense. If arbitrability is raised by the City, the issue of arbitrability shall be determined by the arbitrator no less than thirty (30) days prior to the commencement of an arbitration hearing on the grievance itself, if the matter can be arbitrated. The issue of arbitrability shall be determined in summary fashion without a hearing. The parties shall submit the issue to the arbitrator by motion of the city with supporting documentation and/or affidavits. The Union shall file its response with supporting documentation and affidavits within ten ( 10) days of the City's motion. The arbitrator shall make his/her ruling based on the documents provided by the parties. The arbitrator may, at the arbitrator's discretion, conduct one telephone conference with counsel for the City and Union prior to ruling on the City's motion. If the City raises the question of arbitrability and loses that determination, the City shall pay the cost of the arbitrator. If the City raises the question of arbitrability and the arbitrator determines that the matter is not arbitrable, the Union shall pay for the arbitrator. 13.5,1 The City and the Union agree to share all information each party will present to the arbitrator no later than ten (10) days prior to the date of the arbitration, even if such information was accumulated after the final grievance sr~p or after the terminated employees' pre-determination hearing. ~~ , 32 /+:.- I l \ , TA City of Boynton Beach rA iteCollar SEIU Flor da Public "ervice~ I Jnion. ('TW. Cl.C 13.6 The hearing shall not be formal and the strict rules of evidence shall not apply. 13.7 The parties shall divide the arbitrator's fee and expenses equally. In the event of a settlement, the arbitrator's fee and expenses shall be born equally by the parties, unless they agree otherwise. 13.8 The term "day" shall mean, calendar day, Monday through Friday, exclusive of holidays recognized by this Agreement. \l-ra v/~~ 33 T A City of Boynton Beach TA White Collar SEIU Florida Public Services Union, CTW, CLC ARTICLE 14 14.0 BASIC WORK WEEK AND OVERTIME 14.1 The basic workweek shall consist of forty (40) hours, unless otherwise specified. The City Manager will establish and may change the basic workweek and hours of work best suited to meet the needs of the department and to provide superior service to the community. Nothing in this Agreement shall be construed as a guarantee or limitation of the number of hours worked per week. 14.2 Employees shall receive two (2) fifteen (15) minute paid breaks each day, 14.3 Abuse of break time is grounds for progressive disciplinary action. 14.4 All authorized and approved work performed in excess of forty (40) hours in any one work week shall be considered as overtime and shall be paid at the overtime rate of one and one-half times the employee's straight time rate, 14.5 Only hours actually worked will be counted for the purpose of calculating overtime. 14.6 Overtime shall be offered for a specified work function on a rotating basis based on seniority to those employees who normally perform the job functions during their regular work hours. 14.6.1 In the event an employee is required to work overtime, he/she shall not have his regular shift hours changed nor shall he/she be placed in a non- paid status in order to preclude the payment of overtime. 14.6.2 Supervisors shall provide no less than two (2) hours advance notice to employees prior to the assignment of unscheduled, mandatory overtime unless circumstances prohibit such advance notice, in which case, the employer shall give as much notice as is reasonably possible. 14.7 Employees may all be required to work additional hours as directed unless excused by supervision. 14.8 Shift Bidding and Posting. Employees who work in departments within the City in classifications that are covered by more than one shift shall be allowed to bid shifts, which shall be granted by seniority once each year to be completed by January 3151. Should management have a compelling operational need, they may designate the number of A-Class workers (those with five or more years of experience) and the number ofB-Class workers (those with less than five years of ex~erience) required to work on each shift so that a balance of experience may be ~r!.." ' 1)i , ! 34 , J, '~f .. .' j " f~;~llar s~ru Florida Public TA City of Boynton Beach Services Union. CTW. ClC achieved for each shift. Employees shall have an opportunity to give input on the development of their shifts. 14.9 Employees cannot be in a work status more than seven (7) minutes prior or seven (7) minutes after regular workday unless they have their supervisor's approval to be in a work status. Each employee must be advised of the official start and ending time of their department workday. For purposes of overtime, the City will follow the Department of Labor's "7/8 Minute Rule." This rule means that an employee will not be eligible for overtime until he/she has been on the job for more than seven minutes, i.e. at the start of the eighth (8th) minute they would then receive fifteen (15) minutes at time and a half. 14.10 The procedure in 14.6 will also be followed if an employee reports to work tardy or late. The employee shall be marked as tardy or late using the same 7/8 Minute rule, for purposes of calculating payroll. An employee will be deemed "tardy" if they appear for work up to six (6) minutes after the designated starting time and "late" if they appear for work seven (7) minutes or more after the designated starting time. Any employee who is tardy or late is subject to appropriate discipline. 14.11 It is understood that the clock designated by an employee's supervisor to record arrival and departure shall be the clock against which timely reporting for work is measured. If at any time, that clock is deemed inoperative, the immediate supervisor will advise employees which clock will be utilized for timekeeping purposes. ~ 35 ---- T A City of Boynton Beach TA Whit Collar SEIU Florida Public Services Union, CTW, CLC ARTICLE 15 15.0 COMPENSATORY TIME 15.1 Employees may accrue and use compensatory time in lieu of overtime pay when the employee works in excess of forty hours in a workweek. 15.2 Compensatory time will be accrued and used at the same rate the overtime rate would be paid. Employees may accumulate up to eighty (80) hours of compensatory time. At no time may an employee accumulate more than eighty (80) hours of compensatory time. Compensatory time may be taken as earned subject to the approval of the Department Head who shall schedule the time off to meet the operating requirements of the Department. 15.3 It is solely the employee's choice as to whether he/she wishes to be paid for their overtime at one and one-half times their regular hourly rate of pay, or take compensatory time. The City will not encourage employees to take one form of compensation over the other. ',I, ", " . r, 36 'i \'t I r i /! " ' ~.t-f '" / /~ J/ \ / " TA City of Boynton Beach T A W1lite C611ar SEIU Floriaa Public Services Union. CTW, CLC ARTICLE 16 16.0 WAGES 16.1 Wages shall remain at their current level and shall not increase for the duration of this agreement. J.w ~ j 37 - ~fi~ T A City of Boynton Beach h White ollar SEIU Florida Public Services Union, CTW, CLC ARTICLE 17 17.0 PROMOTIONS, RECLASSIFICATIONS, TRANSFERS & DEMOTIONS 17.1 PROMOTIONS 17.1.1 Employees interested in applying for a promotional opportunity must have been in their current position for a minimum of six months and have at least a meets standards performance level. Each promoted employee must successfully complete a six month probationary period in the new position. Employees are eligible for the following increases in pay upon promotion: Promotion from non-exempt to exempt position: + 1 0% of mid-point of new grade or to minimum of new grade whichever is higher Promotion of one grade (exempt to exempt or non-exempt to non-exempt): +5% of mid-point of new grade or to minimum of new grade, whichever is higher Promotion of two grades (exempt to exempt or non-exempt to non- exempt): 7.5% of mid-point of new grade or to minimum of new grade, whichever is higher Promotion of three or more grades (exempt to exempt or non-exempt to non-exempt): + 1 0% of mid-point of new grade or to minimum of new grade, whichever is higher 17.1.2 In no event will the employee's base rate of pay exceed the maximum for the position to which the promotion is made. 17.1.3 Each promoted employee must successfully complete a probationary period of six months from the date of promotion. Note: Applicants for promotion must have been in their current position for a minimum of six months and have a Meets Standards or higher performance rating. 17.2 DEMOTION 17.2.1 Upon demotion, an employee's rate of pay will be adjusted as follows: Decrease of one grade: 5% of mid-point of current grade (position leaving) Decrease of two grades: , 7.5% of mid-point of current grade (position leaving) , , 1 \ \,/~ i ~ 38 ~ t'~ f~ White'tollarVSEIU Florida P;:;-blic T A City o~oyntonBeach Services Union. CTW. Cl.C Decrease of three or more grades: 10% of mid-point of current grade (position leaving) 17.2.2 In no event will the employee's base rate of pay exceed the maximum for the position to which the demotion is made. 17.2.3 The pay of a promoted employee, who is demoted prior to completion of a probationary period, will be reduced by the same amount as the promotional increase. 17.2.4 Exceptions to this policy may occur if there is a department restructuring that results in an involuntary demotion for one or more employees. The City Manager must approve any restructuring and resulting demotions. This shall not be construed to reduce an employee's rate of pay beyond the percentages set forth in section 17.2.1. 17.3 LATERAL TRANSFER 17.3.1 Employees transferring from one position to another in the same pay grade, whether in the same or in a different department, will maintain the same pay rate. 17.3.2 Each transferred employee, whether in the same or a lower grade, must successfully complete a probationary period of six months from the date of transfer. Probationary employees, whether in their first year as an employee or in their six-month promotional probationary period have no property entitlement to their position. 17.4 RECLASSIFICA nON 17.4.1 Positions may be considered for reclassification only upon written request of the Department Head, including detailed justification. If the reclassification is for a change to an existing position classification (e.g. Grade 13 to Grade 14), the incumbent must complete a position questionnaire, which will then be evaluated by the Human Resources Department. If the request is to change from one current position classification to another (e.g. Office Assistant to Office Assistant, Sr.), that justification must be included in the Department Head's request. 17.4.2 Reclassification requests will be considered each year during the budget process. Reclassifications requested during the fiscal year will be considered only if the department is restructuring or realigning major responsibilities. Mid-year reclassifications must have the approval of the HR Director, Finance Director and City Manager. 17.4.3 Implementation of any reclassification, whenever approved, will not become effective until the necessary funds are available in the department budget. Any salary change required by a reclassification will become effective as of the date the reclassification is approved. ~ r;J2 39 - T A City of Boynton Beach TA White ollar SEIU Florida Public Services Union, CTW, CLC 17.4.4 Human Resources will provide a copy of the department head's request for reclassification upon the approval of the reclass, 17.5 PROMOTION FROM PART-TIME TO FULL-TIME 17.5.1 Each promoted employee must successfully complete a probationary period of twelve months from the date of promotion. 17,5.2 Upon successful completion of the probationary period, the probationary employee will be considered a regular employee. )/ ~ ' . //~ i_ L d 40 ~wd .~.-----'-"- _._~- TA City -of Boynton Beach rA White Collar SEIU Florida Public Services \ inion. ('TW. CLC ARTICLE 18 18.0 STANDBY PAY 18.1 In order to provide coverage for services during off-duty hours, it may be necessary to assign and schedule certain bargaining unit employees to standby beeper duty. A standby beeper duty assignment is made by a department director or his/her designee who requires an employee on 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. 18.1.1 Employees placed on stand-by who are assigned a take home vehicle according to the department's rotation list shall be assigned a take-home vehicle appropriate for the completion of the task required of the employee should he/she be called back to work. The employee shall receive one (1) hour of pay at the overtime rate for each day or portion there of that they are assigned standby beeper duty. 18.2 An employee may be assigned to or paid for stand-by if they work a minimum of four (4) hours on that day and they are available. Crime Scene Technicians may be assigned to or paid for stand-by if they are scheduled to be in a leave status for the entire shift if they are available. 18.3 No more than 14 days of stand-by can be paid in any pay period. 18.4 Crime Scene and Community Service Officer (CSO) employees who have been instructed to remain on standby for court appearance purposes during the employee's off-duty hours shall be paid one-half the straight time hourly rate for each hour on standby up to a maximum of eight (8) hours of standby duty in any one day. A minimum payment of one (1) hour straight time shall be paid for all standby assignments. When an employee is required to stand by for eight (8) hours, the employee shall receive four (4) hours plus one (1) additional hour at straight time. If Crime Scene or CSO employees go to court, he/she will be paid for the court time at time and one-half when not on their regular assignment. Court time will be compensated a minimum of3 hours at time and one-half. 18.5 CALL BACK PAY - An employee called back to work after having been relieved and having left the assigned work station, or called in before his/her regularly scheduled work time, shall be paid a minimum of two (2) hours pay at the rate of one and one-half (1 Y2) times his/her basic hourly rate of pay when such callback is between the hours of 800 a.m. and 12:00 a.m. (midnight), and shall receive a minimum of three hours at the rate of one and one-half (1 Y2) times his/her basic ~y when SU~Callh"Ck is between :e. hO:rs of 12~:;? 7:59 "71 TA City of Boynton Beach TA Whi Collar SEIU Florida Public Services Union, CTW, CLC Employees shall be paid for the actual hours worked for all hours worked in excess of the appropriate callback minimum. No concurrent payment of call-back and regular pay is permitted, - ~.~~.. X ~ C, <. 42 ~ -~~---- -_.~----- T A City of Boynton Beach rA White Collar SEIU Florida Public C;ervices , Inion, CTW. CL C ARTICLE 19 19.0 EMERGENCY PAY POLICY 19.1 Emergency pay shall hereinafter be paid in accordance with the provisions of City Emergency Ordinance 2005-036 or the most current City Emergency Ordinance. ~ v~~ 43 -- T A City of Boynton Beach TA White Collar SEIU Florida Public Services Union, CTW, CLC ARTICLE 20 20.0 CERTIFICATION PAY 20.1 The City shall pay $500.00 for each certification or license as determined and agreed upon by the employee and the department head. The City shall also pay the actual certification or license fee. This provision shall not operate to reduce certification incentive pay policies currently being implemented by departments. Bargaining unit members who participate in departmental certification pay programs are not entitled to participate in the program set forth herein. 20.2 A pre-determined list of job related certifications or licenses will be developed through the labor/management committee and attached to this article as an exhibit and shall be developed no later than sixty (60) days from ratification of this agreement. 20.3 The foregoing benefit addressed in this article is suspended for the FY 10/11. "- TA C~nyi-;B~;~h ^/~/ i l{l 44 I.~' I [,. v T A White Coilar SEW Florida Public Services Union, CTW. CLC ARTICLE 21 21.0 EMPLOYEES ASSIGNED TO TRAINING DUTIES 21.1 Employees who are assigned to train another employee who is new to a position shall be assigned in writing and shall receive a 5% increase in pay during the time they are training another employee. ~ ~ - . __ /~~~NJ 45 TA City of Boynton Beach TA White Collar SEIU Florida Public Services Union, CTW, CLC ARTICLE 22 22.0 WORKING IN A HIGHER CLASS 22.1 Employees shall be required to perform work in a higher classification only upon written memorandum by their supervisor, Employees who work in a higher classification shall receive a 5% increase in pay, or the minimum of the higher classification, whichever is greater until returned to their regular classification. 22.2 Employees shall be required only upon written memo from their supervisor to perform work in a higher classification for training purposes. In this connection, they shall perform that work without a 5% increase in payor the minimum of the higher classification. . " /._4/' 46 ~/1.._ , / j.J f T A City of Boynton Beach if\Wh;te ~SEIU Florida Pu.blic Services Union, CTW. CLC ARTICLE 23 23.0 SICK LEAVE 23.1 An employee shall notify his/her immediate supervisor or the supervisor's designee, in a manner provided for by management, of his/her illness not less than one half (112) of an hour before his/her normal workday begins. This procedure shall be followed for each day the employee is unable to work unless prior approval is granted by department management, wherein the employee notifies his/her supervisor that he/she will be absent. 23.2 Sick leave will be granted upon approval of the department director for the following reasons: a. Employee's health, or up to forty (40) hours per year for illness of immediate family member the employee's parent, spouse, or child. b. Medical, dental, or optical treatment that is determined in writing by a physician to be necessary and must be performed during working hours. See 23.7. c. Quarantine due to exposure to contagious disease. d. In connection with Worker's Compensation. 23.3 Employees shall accrue sick leave at a rate of 96 hours per 12-month period or eight (8) hours per month. No employee shall be entitled to use sick leave in excess of the amount of such leave accumulated. Employees may accumulate a maximum of 1040 sick leave hours. All unused hours shall be paid out at 50% upon termination of employment with the City. Any accrued but unused sick leave hours beyond 1040 shall be transferred into the employee's Personal leave bank at one for one. Personal Leave hours may be utilize as necessary. Any unused Personal Leave hours may be cashed in upon termination with City at 50%, or the full value of the hours may be used to purchase health care benefits should the termination be due to normal or disability retirement. 23.4 An employee making a departmental transfer will retain any unused sick leave. 23.5 Employees who have attained non-probationary status and are regular employees will have payment made for unused sick leave, for up to 1040 hours, at the rate of 50% of the total number of hours accumulated, but not taken, upon termination in good standing, or retirement or death. (Retirement shall include normal retirement, disability retirement, or early retirement as defined in the appropriate Pension Plan). 23.6 Employees may request, and be covered by the provisions of the Family Medical Leave Act. ~ (ljl~ ~V1L~ 47 T A City of Boynton Beach TA White Collar SEIU Florida Public Services Union, CTW, CLC 23.7 Sick leave exceeding three (3 ) consecutive work days reqUIres medical certification within three (3) days of returning to work. 23.8 Sick Leave Donations 23.8.1 It shall be the policy of the City to permit an employee who has a minimum of 120 hours sick leave the opportunity of donating accrued sick leave time to a designated employee whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time (workers compensation leave time excluded), and when the employee has exhausted all accrued sick and vacation leave down to 40 hours, 23.8.2 Extraordinary circumstances shall be defined as lengthy hospitalization, critical illness or injury, 23.8.3 When there appears to be a need to share sick leave, bargaining unit members who are willing to contribute sick leave hours must submit an Employee Activity Report to the Human Resources Department for proper charge to their sick leave records. 23.9 Restricted Sick Leave 23.9.1 No member may be placed on restricted sick leave unless a pattern of sick leave abuse is present and the employee has had a counseling session with his/her Director or Department Head. During that counseling session, the employee will be informed of the reasons being considered for restricted sick leave. At that time, the employee will be given an opportunity to explain the sick leave taken. 23.9.2 When an employee is placed on restricted sick leave, the employee will be notified in writing of that fact. An employee placed on restricted sick leave shall be re-evaluated in three months. If no violation is noted the employee shall be removed from restricted sick leave status. If not re- evaluated within five (5) business days after the three (3) month period, the employee will be automatically removed from restricted sick leave. 23.9.3 During the initial ninety (90) day restricted sick leave period, if there is a violation of the restricted sick leave policy, progressive discipline shall be applied and the employee will be placed on another ninety (90) day period of restricted sick leave beginning on the date of the policy violation. For each successive restricted sick leave violation, the employee shall be placed on restricted sick leave for an additional ninety (90) day period and shall be subject to further progressive discipline up to and including termination. \ " f' , ' 48 ~A~L" J' "/ . ,,', A: , , ",,' I I' \, / 't TA City of Boynton Beach fA Whit~-C~llar SEill Florid Public Services Union. CTW. CLC ARTICLE 24 24.0 WORKERS' COMPENSATION 24.1 Whenever an employee is totally disabled from duty for a period of no more than seven (7) calendar days because of an injury determined to be compensated under the provisions of the Workers' Compensation Act, he/she shall be entitled to full regular pay. 24.2 If the period of disability is greater than 7 calendar days, the employee shall receive a sum of money up to an amount equal to the difference between his/her worker's compensation check and his/her normal net pay up to three (3) months. At the end of three (3) months, the Risk Manager will review the medical certification from the employee's authorized workers' compensation treating physician for a determination of pay status. If the authorized medical certification justifies temporary total disability, the salary supplement continuation will be granted. If the continuation of the salary supplement is granted, it shall continue at the same rate as 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. 24.3 Once the salary supplement as identified in section 24.2 is exhausted, the injured employee may elect to receive accrued sick leave, and after the sick leave is exhausted, vacation leave, in accordance with his/her regular hourly wage to the extent that his/her combined sick leave or vacation leave, and 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. 24.4 It is incumbent on the employee to make application for disability in accordance with their pension plan and the insurance plan they are covered under. Failure to do this automatically cancels the additional City benefits. 24.5 If the appropriate disability plan denies the claim, the additional City supplement benefit will be canceled. If the appropriate disability plan accepts the claim, the salary supplement will be canceled after issuance of the disability pension check or at the end of the time duration outlined above, whichever comes first. 24.6 If an employee who is receiving Workers' Compensation payment along with City supplement, sick or vacation leave, is found to be working or receiving compensation for his/her services elsewhere, during this period, he/she will be obligated to reimburse the City for all medical expenses and supplement, sick or vacation pay taken and shall be subject to dismissal. Jw ~j 49 - T A City of Boynton Beach TA White Co ar SEIU Honda Public Services Union, CTW, CLC ARTICLE 25 25.0 LIGHT DUTY 25.1 Employees who have injuries which prohibit them from performing their regular assignments may return to work and perform light duty when there is light duty work available and the City has determined that the employee is able to perform the work without risk of further injury. The City is under no obligation to create light duty work. If there is no work available the employee will remain on sick leave status until he/she has a full release to return to work from his/her doctor. ~ I ' 50 ~l . ' ! I t --If [.. l Lo T A City of oynton Beach TA White ~01lar SEill Florida Public Services Union, CTW. CLC ARTICLE 26 26.0 VACATION 26.1 Each full time employee shall earn vacation leave as follows: Years of Service Vacation Hours 1 Year 80 2-3 Years 120 4 Years 128 5 Years 136 6 Years 144 7 Years 152 8 Years 160 9 Years 168 10-15 Years 176 16-20 Years 192 21 Years & After 200 26.2 Vacation leave may be taken as earned subject to the approval of the Department Head who shall schedule vacations to meet the operating requirements of the Department/Designee. 26.3 Employees may accrue vacation leave to a maximum of the leave earned in the most recent two employment years. Vacation leave accrued during October 1 - September 30 may exceed this stated policy, however, any amount over the allowable maximum that has not been used during that (October 1 - September 30) period will be forfeited as of September 30. However, employees who have been denied vacation shall have the excess vacation hours paid to them, at their regular straight time rate of pay in the last pay check of the fiscal year. 26.4 Vacation requests of three (3) shifts or less must be requested and approved or denied within two (2) days of the work shift, the day the request is made. Vacation requests of four (4) shifts or more must be requested and approved or denied within one (1) week of the day the request is made. Vacation requests of two or more weeks require at least twenty-one (21) calendar days' notification. Management will approve or deny the vacation requests for two (2) weeks or more within seven (7) days of the request. 26.5 Emergency Cash-In of Vacation and/or Sick Leave Time 26.5.1 Employees faced with sudden extraordinary circumstances of hardship who have in excess of 40 hours of accrued vacation are eligible to request emergency cash in of vacation. If approved, an employee may convert up UO (eighty) hours to cash (less applicahle :axe~) provided they have 40 _ ~~~{I 51 TA City of Boynton Beach TA White Collar SEIU Florida Public Services Union, CTW, CLC hours remaining in their vacation accrual account after the cash-in. Conversions must be done in increments of eight (8) hours. 26.5.2 Employees who do not have enough vacation time to use for the total amount of emergency cash may consider including sick leave hours. Sick leave hours cash-in will be calculated at fifty percent (50%) of the employee's hourly rate. The total of vacation and sick may not exceed eighty (80) hours and vacation hours must always be used before sick hours. Payment for sick leave hours may only be granted if the employee has the amount of sick leave credited to his/her sick leave account. The employee must retain a minimum of eighty (80) sick hours on the books. 26.5.3 A request must be made in writing outlining the emergency and submitted to the Human Resources Director on the appropriate form. A committee comprised of the City Manager, Finance Director and Human Resources Director will then review the request and approve the requested hours in total or modified as they see fit. This benefit can be used only once each fiscal year. At the discretion of the City Manager, the time limit rule may be waived if there are exigent circumstances, 26.5.4 Denial of sick leave pay will be made in writing stating the reasons for the denial. Employees may take advantage of this provision once during each year of this agreement 26.6 Employees shall be allowed to take up to twenty-four (24) hours of emergency vacation leave on an annual basis, Employees shall make such a request in accordance with the applicable, published call-in procedure outlined in Article 23.1 of this Agreement or if at work and the employee is notified of an emergency they may use emergency vacation no more than four (4) times per fiscal year. 26.7 An employee who takes leave without a timely request or without approval shall be subject to additional disciplinary action. A ~2-- /~ " .f ( 52 ,<. ., ~__~~._----....,o.__~_._ (, '\/e- T A City of Boynton Beach TA White Collar SEIU Florida Public Services \ Ynion. CTW. C1 C ARTICLE 27 27.0 BONUS HOURS 27.1 INTENT The intent of this Article is to establish a wellness program designed to minimize time lost on the job and to help reduce the City's overall health insurance expenses. The City recognizes that employees occasionally suffer from injuries or illness necessitating the use of paid sick leave time off. However, this program provides incentive to reward those employees who use sick time responsibly. 27.2 ACCRUAL 27.2.1 All full time City employees covered by this policy are eligible to receive a bonus of eight (8) hours for continuous attendance at work every three (3) months (January through March, April through June, July through September and October through December) if the employee has not used sick time, nor has been absent from work or on leave other than those paid leave categories recognized in this document. 27.2.2 Bonus hours shall be counted as vacation leave and subject to the provision set forth for use of vacation. TA City ~each (iJ2j)j/l~ 53 - TA White Collar SEIU Florida Public Services Union, CTW, CLC ARTICLE 28 28.0 HOLIDAYS 28.1 The following holidays shall be observed for employees in the bargaining unit: New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day 28.2 For each observed holiday, a full-time employee shall be entitled to eight (8) hours of pay at the employee.s regular rate of pay. . When a City observed holiday falls on an employee's scheduled work day, the employee will receive eight (8) hours holiday pay at straight time. . When an observed holiday falls on an employee's non-scheduled work day, it will be treated as a floating holiday and eight (8) hours will be added to the employee's vacation leave bank. . Hourly rate employees must work their regular work days immediately before and after the holiday in order to receive pay for the holiday or be in an authorized with pay status immediately before and after the holiday 28.3 Employees on vacation, annual military leave, jury duty, sick leave, funeral leave, and other absences from duty, but on active pay status on the day the holiday is observed must use the holiday on the same day that it is earned. Holidays that occur during vacation leave shall not be charged against such vacation leave. WOj '. 54 ., L" '~, I v/JV TA City of Boynton Beach TAWhite C: lar SEIU Florida Public Services llnion. CTW. CLC ARTICLE 29 29.0 COMPASSIONATE LEAVE 29.1 In the event of the death of the mother, father, child, foster parent, foster child, brother, sister, husband, wife, son, daughter, son-in-law, daughter-in-law, grandparent, grandchild, mother-in-law, or father-in-law of a regular employee, the employee shall be entitled to paid compassionate leave not to exceed twenty- four (24) consecutive work hours for anyone death. However, if it is necessary for the employee to leave the State in connection with the interment of the deceased, forty (40) consecutive work hours shall be allowed. Employees must submit proof of death in order to be eligible for this article. The City Manager may grant additional leave under this section when he/she deems it appropriate. c~ -"-, ()J!/21/Vu) 55 TA Ity of Boynton Beach TA White Collar SEIU Florida Public Services Union, CTW, CLC ARTICLE 30 30.0 MILIT ARY LEAVE 30.1 Reserve Training: All employees in the City service who are members of military reserve units and who must attend annual training sessions are entitled, pursuant to Florida Statute 115.07, to 240 working hours with pay each year in order that these employees may fulfill their military obligations. Fire department shift personnel will be granted a maximum of nine (9) shift days. 30.2 Active Duty: All employees who are reservists and are ordered to active military duty shall continue to receive full City pay for the first thirty (30) days of active duty and thereafter shall receive supplemental pay from the City, in an amount necessary to bring their total compensation, inclusive of their base military pay, to the level earned at the time they were called to active military duty. 30.3 The City will continue to pay the eligible employee' s portion of health, dental and life insurance premiums and the City's pension contribution, If an employee has dependent insurance coverage, the Finance Department will consider this in determining the amount of supplemental pay so that the dependent insurance premiums can be paid prior to the supplemental check calculation. The employee's pension contribution will also be made prior to the supplemental check calculation. If the supplemental pay is not sufficient to pay the dependent coverage, the employee will be responsible for sending the City a check to cover the dependent premium, The employee will also be responsible for making arrangements for any other benefit premium or other deduction, Current U.S.E.R.R.A. regulations will be followed regarding the employee's benefits. 30.4 Continued Service: Unless the person provides the City with written notice that they do not plan to return to employment with the City, no break in service will occur during the period of active duty and the employee with continue to accrue service for purposes of seniority and pension eligibility 30.5 Employees on active Military Duty are required to provide the City with their military orders for the duration of their assignment. i di;~~.,. fi lLC~ 56 ..J.L\. \_:' ee { . T A City of oynton Beach T A White Collar SEIU Florida Public Services Union. CTW. CLC ARTICLE 31 31.0 LEAVE OF ABSENCE 31.1 A regular employee may be granted leave of absence without pay for a period not to exceed six months for sickness, disability or other good and sufficient reasons that are considered to be in the best interest of the City. Requests must be in writing. A leave of absence without pay of up to thirty (30) calendar days can be approved by the employee's Department Head and the Human Resources Director. A leave of absence in excess of 30 calendar days must be approved by the City Manager. Employees that are on approved leave of absence without pay will be responsible for paying all their benefit premiums, e.g., insurance, etc. 31.2 Leave of absence without pay will not be granted in order to accept employment with another employer. If granted, leave of absence without pay may subsequently be withdrawn and the employee recalled to service. All employees on leave of absence without pay are subject to applicable provisions of these rules. There will be no accrual of sick leave, vacation leave or seniority during a leave of absence without pay exceeding thirty (30) days. ~ czf-h~ 57 - TA City of Boynton Beach TA White Collar SEIU Florida Public Services Union, CTW, CLC ARTICLE 32 32.0 UNAUTHORIZED ABSENCE 32.1 A bargaining Unit Member who is absent from work without authorized leave for a period of more than three days shall be deemed to have abandoned his or her job and shall be separated from employment with the City. Separation of this type shall not be considered a disciplinary separation. 32.2 However, a bargaining unit member who is absent from work without authorized leave for a period of not less than three (3) days or more than thirty (30) days, but who was physically unable to notify his/her employer or have another person notify his/her employer shall not be deemed to have abandoned his or her job and shall not be separated from employment with the City. Under these circumstances the Director, Human Resources must be provided with details of the absence and he/she must determine if just cause exists. ,~ " i,' ' . .r / ' 58 ~Lr'~' ' ."-../~.x- ~ L 'l d TA City ofB ynton Beach T A White Collar SEIU Florida Public Services Union. CTW, CLC ARTICLE 33 33.0 JURY DUTY 33.1 Leave with pay may be authorized in order that regular employees may serve required jury duty or a subpoena issued by a court of law to appear as a witness on cases relevant to the City, provided that such leave is reported in advance to the Department Director. All pay granted under this section must be approved by the Department Director. In order for employees to receive their regular pay for such leave, the employees must deposit the money which they receive for jury duty or as a witness, with the City Finance Department for those hours that coincide with their regular work schedule, unless otherwise provided by law. Employees can keep only travel expense monies. Employees subpoenaed as witnesses in cases unrelated to City business may take vacation leave in order to receIve pay. ~ ~~bli' 59 TA City of Boynton Beach Services Union, CTW, CLC ARTICLE 34 34.0 SENIORITY & LAYOFF 34.1 For the purpose of this Contract, "seniority" shall be defined as the employee's length of continuous service with the City of Boynton Beach. The City and the Union recognize the value of an experienced workforce and agree that an employee's seniority shall be considered along with the needs of the City, when affecting decisions on vacations, promotions and shifts. 34.2 Employees shall lose their seniority for the following reasons: a. Termination b. Retirement c. Resignation d. Unexcused absences for three (3) or more work days. A work day is based upon an employees work schedule (e.g. 4 10 hour days, 5 - R hour days etc.) e. Failure to report to the Human Resources Office, the intention of returning to work within five (5) days of receipt ofrecall as verified by certified mail. f Failure to report from military leave within the time prescribed 34.3 Layoff of employees shall be handled in the following manner: The City Manager may layoff any bargaining unit employee whenever such action is made necessary by reason of shortage of work or funds, the abolishment of a position. consolidation of departments or divisions. privatization, reclassification, or reorganization: however, no bargaining unit employee shall be laid off while there are temporary, or probationary employees serving in the same position for which the union employee is qualified, in the judgment of the Department Head in consultation with the Human Resources Director. Whenever the layoff of one or more employees shall become necessary, the City Manager shall notify the Human Resources Director, at least two (2) weeks in advance of the intended action and the reasons therefore. The Human Resource Director shall furnish the City Manager with the names of the employees to be laid off in the order in which such layoff shall occur. In order to minimize the disruption of the operations of the City, the order of layoff shall be in reverse order of total continuous time served in the same classification/job title and within the same department, except in the . . ~' , ;~1 -rv " /1 c'--'. J 60 ,\. /' \.~ / ~ l/~ 9<A .' ., TA City of Boy ton Beach rA White Col(ar SEIU Florida ublic <';ervices Union. CTW. CLC case of the elimination of a department or division, in which case only the employees in the department or division being eliminated will be laid off Temporary and probationary employees shall be laid off, in that order prior to layoff of union employees. a. Whenever a layoff of one (1) or more employees becomes necessary the City Manager shall notify the Union at least two (2) weeks in advance of the intended action and the reasons therefore. b. The order of layoff shall be in reverse order of total continuous time served in the same classification/job title and within the same department. Senior laid-off employees of a division shall be able to displace (bump) junior employees in the same division who are in any equivalent or lower classification for which the bumping employee is eligible for or for which he qualifies by meeting the requirements as set forth in the job description. The bumped employee shall have no corresponding right to bump any additional employee. c~ t~ 61 ~ TA Ity of Boynton Beach TA White ollar SEIU Florida Public Services Union, CTW, CLC ARTICLE 35 35.0 RECRUITMENT AND SELECTION 35.1 The Recruitment and Selection Process and Procedures will follow those described in the Personnel Policies and Procedures Manual. J'/ /.\ 67 , ~ /c ,-, ~ , AM 4~' J ,/' ,/ ,. v L-V T A City 'BOY on Beach T A White Collar SEIU Florida Public "ervices Union, CTW, CLC ARTICLE 36 36.0 SAFETY AND HEALTH 36.1 The City shall comply with all State and Federal regulations pertaining to the occupational safety of the members of this bargaining unit. The City has and will maintain a safe and healthy working environment for bargaining unit employees. 36.2 Employees who are in positions designated by the Safety Committee will receive safety shoes/boots annually, as personal protective equipment, provided by the City designated vendor. These shoes/boots shall only be worn for official City business. The City/Safety Committee will be responsible for deciding which positions require wearing of safety shoes based on OSHA standards and recommendations. The City/Safety Committee shall determine the type and quality of such shoes, and shall select those safety shoes/boots which will be provided and required to be worn. In those cases where an individual employee is unable to be fitted properly, as determined by the authorized vendor, the employee may purchase the safety shoes/boots, which meet the City/Safety Committee approved type and quality, from a different vendor. The employee may seek reimbursement of the cost of the shoes/boots from the City, not to exceed $115.00 excluding taxes. Such reimbursement shall occur after approval of the shoes/boots by the Risk Management Department, based upon the City/Safety Committee approved type and quality. Any instance where the authorized safety shoes/boots do not last the full year, will be brought to the attention of the employee's supervisor and the Risk Management Department. In such an instance, the shoes/boots will be returned to the City. The City will have the shoes/boots replaced by the designated vendor or an additional set of shoes/boots will be purchased by the City from the designated vendor for the employee. 36.3 Employees who fail to wear proper shoes/boots to work are subject to disciplinary action. 36.4 The union shall participate on the Safety Committee. 36.5 The City shall make available immunization shots for tetanus, hepatitis, and diphtheria for all members of the bargaining unit as requested on a voluntary basis. ~ t~~j 63 TA City of Boynton Beach TA White llar SEIU Flonda Public Services Union, CTW, CLC ARTICLE 37 37.0 INSURANCE 37.1 The City shall pay the total medical insurance, dental insurance, and vision care premiums for all regular employees. The employees will pay the full cost of medical Insurance, dental Insurance, and VISIOn care premIums for their dependents. Existing or comparable coverage shall remain in effect for the duration of this Agreement; however in the event the City can provide for alternative equivalent benefits options for employees then the health insurance coverage for the employee and their dependents may be amended from time to time. In this connection, should the employees' cost to provide dependent coverage for their dependents increase more than fifteen (15) % during any fiscal year, the City agrees to open this Article for the purpose of impact bargaining. The selection of insurance coverage shall be made on an annual basis by the City. To that end, the City will form an insurance committee to be comprised of an equal number of non-represented members who are appointed by the City Manager and two members from each of the city's bargaining units. Bargaining unit representatives shall be designated by the Union. The final decision regarding selection of coverage is reserved to the City, but the City shall strongly consider input and recommendations from the insurance committee. ; ~//' 64 ~ ,~ ! )( . ..." .:' "i , "'dl -++---"-- \ / ' TACit . ~t~~~aCh T A White Collar SEIU Florida Public Services Union, CTW. CLC ARTICLE 38 38.0 PERSONNEL FILES 38.1 A personnel file for all City employees is maintained by the City's Human Resources Department. If a request is made to review an employee's personnel file by someone other than the Department Director, the Human Resources Department Staff or the City Manager's office, a notice will be sent to the employee notifying him/her of such a request. Consistent with State law, the City agrees that upon request, a member shall have the right to inspect hislher own personnel records and shall have the right to make one duplicate copy of hislher records at no expense. Additional copies may be obtained at the employee's expense. The City will purge personnel files in accordance with appropriate Florida State Statutes. The employee file maintained by the Human Resources Department shall be the official file for each employee. TACity~BeaCh rAXhvi 65 - TA White Collar SEIU Florida Public Services Union, CTW, CLC ARTICLE 39 39.0 TUITION ASSISTANCE PROGRAM 39.1 The Tuition Assistance Program as described in the Administrative Policy Manual (APM) will be followed. Refer to 04.01.03, Organizational and Strategic Development Policies, Tuition Assistance Program in the APM for specifics, ~J~J . . .A~ L; 66 '_..r \, ' ...--- T A City of B ton Beach r A White Collar SEIU Florida Public Services Union. CTW. CLC ARTICLE 40 40.0 GENERAL PROVISIONS 40.1 Except in the case of negligence or misuse all employees requested to furnish tools for their job shall receive replacement tools for tools broken in performance of the City's work provided they furnish the City with a list of their personal tools approved by their department head. Employees who are assigned City-provided tools, materials and items of value to perform their job, and who lose those tools, materials and items of value, shall be responsible for replacing those lost tools, materials and items of value. Tools stolen from their assigned City-owned vehicle or City property shall be replaced by the City, if there was no negligence in their loss. In the event that the employee was negligent, the employee shall be responsible for the replacement of the stolen tools. 40.2 The employee shall be allowed to place written refutations and or responses into their personnel file and/or departmental work file when those refutations or responses relate to material placed into the personnel file that has been prepared by supervisors. 40.3 Uniforms will be provided annually as follows, unless otherwise indicated below: Application Technicians 4 Shirts, 3 Pants Code Enforcement 4 Shirts, 3 Pants, 1 Jacket (Replacement), 1 Baseball cap or Aussie Hat Field Inspectors 4 Shirts, 3 Pants, 1 Jacket (Replacement), 1 Baseball Cap or Aussie Hat Plan Review Analyst. 4 Shirts, 3 Pants, 1 Jacket (Replacement), 1 Baseball Cap or Aussie Hat Sf. Plan Review Analyst 4 Shirts, 3 Pants, 1 Jacket (Replacement), 1 Baseball Cap or Aussie Hat Laboratory Technicians 4 Shirts, 3 Pants, 1 Jacket (Replacement) 1 Baseball Cap or Aussie Hat Laboratory Technicians, Sf. 4 Shirts, 3 Pants, 1 Jacket (Replacement) 1 Baseball Cap or Aussie Hat LajOratory Field Technicians 4 Shirts, 3 Pants, 1 Jacket (Replacement) 1 Baseball Cap or Aussie Hat f :~,V10 67 TA City ofBo T A White Collar SEIU Florida Public Services Union, CTW, CLC Police and Fire Department and other employees covered by this agreement, but not listed, will be issued uniforms accordance with the Department policy, The cost of the uniforms shall be borne by the City. Employees are required to return uniforms to the City when they terminate employment 40.4 All uniform pieces and any uniform shoes required by the department to comply with departmental appearance standards shall be supplied by the City All uniform articles will be provided through the City's warehouse, 40.5 Employees who are not required to wear uniforms shall be allowed to continue to wear City polo shirts in the color choice of the City. The City shall provide six (6) polo shirts to each employee on their anniversary date. The cost of uniforms and/or polo shirts shall be borne by the City, 40.6 No alcoholic beverages are to be purchased or consumed while wearing a City polo shirt or a City uniform. 40.7 For Employees employed in the Development Department who are regularly required to use their personal vehicle for City business, City vehicles will be provided, at the City's discretion to some or all of the employees, based on availability, in lieu of receiving a car allowance. Department Heads are responsible for assigning the vehicles. In the event a City vehicle is not available, employees will receive a $300.00 monthly vehicle allowance. TA c*~;;~e~c~ I 68 ",I-'t~ U -'/l",'-'.J:~-' l fA White Collar SEIU Florida Public '-;erv'ices Union, CTW. ClC ARTICLE 41 41.0 DUES DEDUCTION 41.1 For all union business, employees covered by this agreement should first contact their union steward. Employees covered by this Agreement may on the prescribed form, authorize payroll deduction for the purpose of paying SEIU Florida Public Services Union, CTW, CLC dues deductions and/or COPE deductions. Employees shall receive copies of the form from either the City Finance Department or their Union office. 41.2 The Union will initially notify the City as to the amount of dues and COPE deductions. Such notification will be certified to the City in writing over the signature of an authorized officer of the Union. Changes in Union membership or COPE dues will be similarly certified to the City and shall be done at least one (1) month in advance of the effective date of such change. To revoke the payment of Union dues or COPE deductions, the employee shall go to the Union office and Union staff shall prepare and mail notice of such change to the City's Finance Department. 41.3 Dues shall be deducted each pay period and remitted monthly and the funds shall be remitted along with a list of employees contributing to the Treasurer of SEIU Florida Public Services Union, CTW, CLC within fifteen (15) days after the end of the month. The Union will indemnify, defend and hold the City harmless against any claims made or suits instituted against the City on account of payroll deduction of Union dues. COPE deductions will be remitted to the union in a separate check on a quarterly basis. 41.4 For the purpose of putting this article into effect, the Union will furnish forms for such individual authorization reading as follows: ~ ~1rvJ 69 --- TA City of Boynton Beach TA WhIte ollar SEIU Flonda Pubhc Services Union, CTW, CLC NOTICE TO CITY AND UNION AUTHORIZA nON FOR DEDucnON/DISCONTINUA nON OF UNION DUES _I hereby authorize my City to deduct from my salary each pay period my Union dues, as certified to the City by the Union, and to transmit this amount to the Treasurer of the Union. _I hereby authorize my employer to deduct from my salary each pay period my COPE deduction of $2.00 per week, as certified to the employer by the union, and to transmit this amount to the Treasurer of the union. I understand that this authorization is voluntary and 1 may revoke it at any time by giving my City and the Union thirty (30) days advance notice in writing, ~~~--~-- Date Signature ----...---..-- Job Title Name Printed , ( L'-I ):....,L. 70 ,/ ',- .4'( " T A White Collar SEIU Florida Public Services {lnion. CTW. CLC ARTICLE 42 42.0 PENSION Employees will continue to participate in the employees' pension plan of the City of Boynton Beach Ordinance No. 88-43, as amended. A copy of the plan's annual actuarial valuation report will be provided to the Union, in its entirety, upon request from the Union. ~B~Ch M~~ 71 -- T A White Collar SEIU Florida Public Services Union, CTW, CLC ARTICLE 43 43.0 SUBST ANCE ABUSE 43.1 The Union recognizes and supports the City's Drug Free Workplace Policy in the Current City Ordinance and will work with the City to enforce the provisions of the policy. It is recognized by the Union that the City's Drug Free Workplace Policy applies to all members of this bargaining unit. ~bq~ "1 )~ . // / // I ,/ , , / 72 I ' ~~ I l ~ /~ ."" ',/' i'_ TA City of Boynton Beach T X ~hite COrfar SEW Florida Public Services Union, CTW. CLC ARTICLE 44 44.0 PROBATIONARY PERIOD 44.1 In order to determine that each employee is placed in a position most likely to result in a successful career at the City, all newly hired or promoted employees shall be required to complete a probationary period. 44.2 New Hire (Full-time): Each new full-time employee must successfully complete a probationary period of twelve months from the date of hire. Promotion from Part-Time to Full-Time: Each promoted employee must successfully complete a probationary period of twelve months from the date of promotion. Upon successful completion of the probationary period, the probationary employee will be considered a regular employee. 44.3 Promotion to a Higher Graded Position: Each promoted employee must successfully complete a probationary period of six (6) months from the date of promotion. Note: Applicants for promotion must have been in their current position for a minimum of six months and have a Meets Standards or higher performance rating. 44.4 Transfer to a different position, whether in the same or a lower grade: Each transferred employee must successfully complete a probationary period of six months from the date of transfer. Probationary employees, whether in their first year as an employee or in their six-month promotional probationary period have no property entitlement to their position. ~ ~ 73 TA City of Boynton Beach T A White Collar SEIU Florida Public Services Union, CTW, CLC ARTICLE 45 45.0 LONGEVITY BENEFIT 45.1 Employees eligible are those employees who: a. Have been employed with the City on a regular full-time basis and continuous basis for a minimum of five (5) years. b. Have an overall "Meets Standards" or above rating on the previous employee evaluation. 45.2 Employees will receive a cash Lump Sum Bonus as follows: On the employees fifth (5th) anniversary a lump sum payment of$500. On the employees tenth (lOth) anniversary a lump sum bonus payment of $1 000. On the employees fifteenth (15th) anniversary a lump sum bonus payment of $1 ,500. On the employees twentieth (20th) anniversary a lump sum bonus payment of$2,000. On the employees twenty-fifth (25th) anniversary a lump sum bonus payment of$2,500. On the employees thirtieth (30th) anniversary a lump sum bonus payment of $3,000. On the employees thirty-fifth (35th) anniversary a lump sum bonus payment of$3,500. On the employees fortieth (40th) anniversary a lump sum bonus payment of $4,000. 45.3 Any pay earned for Longevity Benefits is subject to required Federal deductions, 45.4 Employees who terminate from the City employment prior to their hire anniversary date will not be entitled to benefits. 45.5 The foregoing benefit addressed in this article is suspended for FY 10/11 f /~: Ll, 1: f 74 ~2-.,., ( ~ TA City of Boynton Beach T A White Collar SEIU Florida Public Services Union, CTW. CLC ARTICLE 46 46.0 BONUS INCREASES 46.1 In addition to any other monetary benefit, the City Manager is authorized to approve a bonus of $500.00 when such a bonus justified, in writing, on the prescribed forms by the Department Head. This bonus will not affect the employees pay grade and step. Funds for the bonus will be budgeted as a separate allowance and administered under the direct control of the City Manager. Employees are not automatically entitled to bonus is a system where top performance can be recognized by the immediate supervisor and prompt rewards can be made at the discretion of the supervisor provided the department head concurs. This top performance must be substantiated by the supervisor and the Department Head using the prescribed forms furnished by the City Manager. ~ (A~ 75 --. T A City of Boynton Beach fA White Collar SEIU Florida Public Services Union, CTW, CLC ARTICLE 47 47.0 LABOR-MANAGEMENT 47.1 A joint labor/management committee composed of an equal number of representatives from the union and management shall meet within ninety (90) days of the ratification of this agreement to study and make recommendations on ways to minimize overtime costs, standby costs, and improve working conditions for employees, or to take up other subjects as determined by the committee. During the first meeting, the committee shall determine a meeting schedule to be implemented. .. '" ( ! I ; , !' I. ( 76 ) -, \ ~... '{1r~ ',' " \~// t \" L , TA City of Boynton Beach TA White Cohar SEIU Florida Public Services Union. CTW, CLC ARTICLE 48 48.0 SA VINGS CLAUSE 48.1 If any article or section of this Agreement should be found invalid, unlawful or not enforceable, due to any existing or subsequently enacted legislation or by judicial authority, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. ~. /" '1 , {{M-1/l~ 77 T A City of Boynton Beach TA White ollar SEIU Flonda PublIc Services Union, CTW, CLC ARTICLE 49 49.0 MAINTENANCE OF CONDITIONS 49.1 Except as provided herein, the status quo as it pertains to conditions shall remain in effect for the duration of this Agreement. Changes to rules and regulations which reflect standing policy, past practices, management rights, minor changes, and changes which do not impact on members of this unit may be made by the City upon notification to the Union. There is no non-salary (age or allowance) monetary benefit, except as set forth or incorporated by reference in this Agreement. 49.2 If a past practice, previously approved by the Department Director, or the status quo is raised at any time during the term of this contract, then the Union and City agree to document the resolution of the status quo or past practice by Letter of Agreement, and such letter of agreement shall not survive this agreement unless incorporated into future agreements. ': . :71' , (I I .' 78 , . L " I, /,c - I T A CitY~to~B~aChrA Whi~e c61f:r SEIU F~ori~a PfbliC Services Union. CTW, C'LC' ARTICLE 50 50.0 POSTING OF AGREEMENT 50.1 The City will maintain a copy of this Agreement for inspection in the Human Resources Department. 50.2 The City will post a copy of this agreement, as ratified, on the City's web page. ~ ~ I 79 - /'2/~~ TA City of Boynton Beach T A White Collar SEIU Florida Public Services Union, CTW, CLC ARTICLE 51 51.0 COLLATERAL DOCUMENTS 51.1 This Collective Bargaining Agreement does not exist in a void. Provisions of the City's PPM, APM, Departmental Rules, and other policies established by resolution or ordinance (collectively referred to as collateral documents), are applicable to bargaining unit members unless the terms of said collateral documents conflict with the terms of a specified article in this agreement, in which case the terms of this Agreement shall control. 51.2 Nothing herein shall be interpreted to preclude the right of the Union or City to impact bargain, subject to applicable law, ~ - "/, k, 80 TA c~rQoyn;~";:;~ach . fA White (~lIar s~IU'F~la ublic Services Union, CTW. CLC ARTICLE 52 52.0 DURATION This Agreement and all monetary benefit adjustments provided herein shall be effective on October 1,2010, and remain in full force and effect until September 30,2011. In the event of State Legislative enactment which will alter or affect the flow of revenue to the City during the term of this Agreement, or a budget proposal which would result in the elimination of bargaining unit positions, the wage/rate of pay articles of the Agreement may, at the written request of the City, be reopened for negotiations. Reopened negotiations shall commence and be concluded within forty-five (45) calendar days of the date the City gives written notice to the Union of the City's request to reopen negotiations. If an Agreement is not reached within forty-five (45) calendar days, the negotiations shall be deemed at impasse. During the negotiations and the impasse process, if any, the base wages of bargaining unit employees will be frozen at the levels in place at the time the City requests to reopen negotiations and no subsequent base wage increases will occur except as thereafter negotiated by the City and the Union, or, in the event the reopened negotiations do not result in a ratified Agreement, as imposed by the City Commission through the impasse process. A notice of intent to reopen shall be made in writing. The parties will promptly engage in bargaining the reopened article. ~ Agreed to this /6 day ofl1~~o by and between the respective parties through the authorized representatives of the Union and the City. LIC SERVICES UNION, CTW, CLC ;:4n/Yrl/Ahj0he CITY OF BOYNTON BEACH WItness /' ;::10.,')0'-' ~ ~La./'n ")~(L , Witness C') ,.~ TAkntonB=h (cfFll/~ 81 - ~A White Collar SEIU Florida Public Services Union, CTW, CLC ATTEST ,tf).R -"-' - _. -.--.,- TO FORM AND CORRECTNESS ) 1 / ,/'-) cm4~-- - Kurt Bressner Date ratified by Commission: ll-/b- aOlo Date ratified by Union: The City and the Union bargaining teams consisted of the following individuals: City: Union: Kurt Bressner, City Manager Carl Booth, Chief Negotiator James Cherof, City Attorney Frank Sosa, AdminJOrg. Director Lori La V erriere, Assistant City Manager Skip Lewis, Union Steward Sharyn Goebelt, Director Human Resources Robin Eichorst, Union Steward Marylee Coyle, Asst. Director Human Resources Vicki Lloyd, Union Steward Tim Howard, Asst. Director Financial Services, Michael Low, Deputy Director Utilities Operations - r I ).. I , 82 ~ JA.4- v~t i , I ',~~-; ! -- TA City of Boynton Beach fA White Collar SEill Florida Public Services Union, CTW, CLC CITY OF BOYNTON BEACH Appendix A . 'SEIU UNION TIME-OUT FORM (Request to be absent from duty by an authorized Union Representative) I, ____m____m_______m_______________________________m_m_________' request to be absent from duty for a union RFPRESEN'l'ATIVE'S NAMI. meeting at __________________________________________ ,0 n ________________________________________, at _____________________________________ fo r LOCATION DATI: I"IMI the following Reason: - Grievance ThIS form must be completecl allc1 - Consultation with Management receIved by Fmance wIthin seven (7 - Pre-Determination Conference calendar (Jays of the meeting date a'. Employee Requested Representation stated on thiS form - - Collective Bargaining - Arbitration - NCF&O Business (CHECK ONE) Union Representative's Signature Release Authorization - _ Approved _ Denied (Completed by Supervisorl Manager) I I Printed Name Title Time Out Signature Date l Meeting Verification \omPleted by Management Representative at meeting or Supervisor , releasing employee for meeting with union representative) I I Printed Name Title Meeting Start Time I ~ Signature Date Meeting End Time Return to Work (Completed by Supervisorl Manager) I ~ Printed Name Title Time Returned Signature Date TOT AL ELAPSED TIME l I (Total elapsed time is the difference from the TIME OUT and the TIME RETURNED) Reason for denial: ~~ - h.u:.Afi1~ T A City of Boynton Beach A White Collar SEIU Florida Public Services Union CTW, CLC