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R13-037 RESOLUTION R13 -037 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 RATIFYING THE AGREEMENT BETWEEN THE 6 CITY OF BOYNTON BEACH, FLORIDA AND THE SEIU FLORIDA PUBLIC SERVICES UNION, CTW, x CLC — WHITE COLLAR UNIT FOR THE THREE �> YEAR PERIOD OF OCTOBER 1, 2011 THROUGH 0 SEPTEMBER 30, 2013, AND AUTHORIZING AND 1 DIRECTING THE MAYOR AND CITY CLERK TO 12 EXECUTE THE AGREEMENT; AND PROVIDING 13 AN EFFECTIVE DATE. 14 15 WHEREAS, the City of Boynton Beach and the SEIU Florida Public Services 16 Union, CTW, CLC — White Collar Unit have successfully concluded negotiations for a 17 three (3) year contract; and 18 WHEREAS, on February 26, 2013, the Agreement was ratified by the Bargaining 19 Unit of the Union; and 20 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 21 the best interests of the residents and citizens of the City to ratify the Agreement and 22 authorize the Mayor and City Clerk to execute the same; and 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 24 25 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 27 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 2$ ratified and confirmed by the City Commission. 2� Section 2. The City Commission of the City of Boynton Beach, Florida does 31 ' hereby ratify the Agreement between the City of Boynton Beach and the SEIU Florida 3 Public Services Union, CTW, CLC — White Collar Unit for the three (3) year period of 3. October 1, 2011 through September 30, 2013, and authorizing and directing the Mayor Document in Windows Internet Explorer -1- II I and City Clerk to execute the Agreement, a copy of said agreement being attached hereto 2 as Exhibit "A ". 3 Section 3. This Resolution will become effective immediately upon passage. 4 PASSED AND ADOPTED this 16 day of April, 2013. 5 6 CITY OF BOYNTON BEACH, FLORIDA /7/ 10 M'o — Je Taylo [ 14 V •- Ma r — Woodrow L. 1:5 16 17 ■ 18 Commiss oner — IDavi• T. Merker 19 20 2 22 Co missioner — Michael M. Fitzpatri 23 24 , v 25 26 Co issioner — Joe Casello 27 ATTEST: 28 29 30 //1• 31( Jan M. Prainito, MMC 32 ty Clerk 33 34 35 �ea1) Document in Windows Internet Explorer R13-03 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND SEIU FLORIDA PUBLIC SERVICES UNION, CTW, CLC WHITE COLLAR BARGAINING UNIT October 1, 2011 to September 30, 2013 ARTICLE 1 4 1.0 PREAMBLE 4 ARTICLE 2 5 2.0 RECOGNITION 5 ARTICLE 3 6 3.0 RIGHTS OF EMPLOYEES 6 ARTICLE 4 7 4.0 MANAGEMENT RIGHTS 7 ARTICLE 5 9 5.0 STRIKES 9 ARTICLE 6 10 6.0 NON- DISCRIMINATION 10 ARTICLE 7 11 7.0 REPRESENTATION OF THE CITY 11 ARTICLE 8 12 8.0 UNION REPRESENTATION 12 ARTICLE 9 14 9.0 COLLECTIVE BARGAINING 14 ARTICLE 10 15 10.0 UNION TIME POOL 15 ARTICLE 11 16 11.0 BULLETIN BOARDS 16 ARTICLE 12 17 12.0 DISCIPLINE AND PERFORMANCE MANAGEMENT 17 ARTICLE 13 20 13.0 GRIEVANCE PROCEDURES 20 ARTICLE 14 23 14.0 BASIC WORK WEEK AND OVERTIME 23 ARTICLE 15 25 15.0 COMPENSATORY TIME 25 ARTICLE 16 26 16.0 WAGES 26 ARTICLE 17 27 17.0 PROMOTIONS, RECLASSIFICATIONS, TRANSFERS & DEMOTIONS 27 ARTICLE 18 30 18.0 STANDBY PAY 30 ARTICLE 19 32 19.0 EMERGENCY PAY POLICY 32 ARTICLE 20 33 20.0 CERTIFICATION PAY 33 ARTICLE 21 34 21.0 EMPLOYEES ASSIGNED TO TRAINING DUTIES 34 ARTICLE 22 35 22.0 WORKING IN A HIGHER CLASS 35 ARTICLE 23 36 23.0 SICK LEAVE 36 SEIU Florida Public Services Union, CTW, CLC - White Collar 1 ARTICLE 24 38 24.0 WORKERS' COMPENSATION 38 ARTICLE 25 39 25.0 LIGHT DUTY 39 ARTICLE 26 40 26.0 VACATION 40 ARTICLE 27 42 27.0 BONUS HOURS 42 ARTICLE 28 43 28.0 HOLIDAYS 43 ARTICLE 29 44 29.0 COMPASSIONATE LEAVE 44 ARTICLE 30 45 30.0 MILITARY LEAVE 45 ARTICLE 31 46 31.0 LEAVES OF ABSENCE 46 ARTICLE 32 47 32.0 UNAUTHORIZED ABSENSE 47 ARTICLE 33 48 33.0 JURY DUTY 48 ARTICLE 34 49 34.0 SENIORITY AND LAYOFF 49 ARTICLE 35 51 35.0 RECRUITMENT AND SELECTION 51 ARTICLE 36 52 36.0 SAFETY AND HEALTH 52 ARTICLE 37 53 37.0 INSURANCE 53 ARTICLE 38 54 38.0 PERSONNEL FILES 54 ARTICLE 39 55 39.0 TUITION ASSISTANCE PROGRAM 55 ARTICLE 40 56 40.0 GENERAL PROVISIONS 56 ARTICLE 41 58 41.0 DUES DEDUCTION 58 ARTICLE 42 60 42.0 PENSION 60 ARTICLE 43 61 43.0 SUBSTANCE ABUSE 61 ARTICLE 44 62 44.0 PROBATIONARY PERIOD 62 ARTICLE 45 63 45.0 LONGEVITY BENEFIT 63 ARTICLE 46 64 46.0 BONUS INCREASES 64 SEIU Florida Public Services Union, CTW, CLC - White Collar 2 ARTICLE 47 65 47.0 LABOR - MANAGEMENT 65 ARTICLE 48 66 48.0 SAVINGS CLAUSE 66 ARTICLE 49 67 49.0 MAINTENANCE OF CONDITIONS 67 ARTICLE 50 68 50.0 POSTING OF AGREEMENT 68 ARTICLE 51 69 51.0 COLLATERAL DOCUMENTS 69 ARTICLE 52 70 52.0 BARGAINING UNIT INFORMATION 70 ARTICLE 53 71 53.0 DURATION 71 SEIU Florida Public Services Union, CTW, CLC - White Collar 3 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. SEIU Florida Public Services Union, CTW, CLC - White Collar 4 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 public 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. SEIU Florida Public Services Union, CTW, CLC - White Collar 5 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. SEIU Florida Public Services Union, CTW, CLC - White Collar 6 ARTICLE 4 4.0 MANAGEMENT RIGHTS 4.1 Except and only to the extent that specific provisions of this Agreement expressly provide otherwise, it is hereby mutually agreed that the City has and will continue to retain, the right to organize, plan, direct, control, operate and manage its affairs and those of its employees in whatever manner it deems appropriate in each and every respect. The parties to this Agreement hereby agree that, in construing this section, the legal principle that "the expression of one item is the exclusion of another" shall not apply. Rather, full effect shall be given to the intention of the parties that management shall retain all constitutional, ordinance, inherent, common law, or other rights except to the extent specific provisions of this Agreement expressly provide otherwise. The Union recognizes the prerogatives of the City to operate and manage its affairs in all respects; and the powers and authority, which the City has not abridged, delegated or modified by this Agreement, are retained by the City. The rights reserved to the sole discretion of the City shall include, but not be limited to, the right: 4.1.1 To determine the purpose and mission of the City and all its employees, to determine the amount of budget to be adopted, and to exercise control and discretion over the organization and operation of the City in all respects including the right to determine whether goods or services are to be made, provided or purchased and to decide the design and maintenance of the departments, facilities, supplies and equipment. 4.1.2 To maintain economic stability. 4.1.3 To change or eliminate existing methods of operation, equipment, or facilities and to adopt and implement technological changes or improvements including, but not limited to, vehicles, and all other materials or supplies. 4.1.4 To determine the methods, income and personnel by which such operations are to be conducted including the right to contract and sub- contract existing and future work. 4.1.5 To select, hire, test, classify, promote, train, assign, retain, evaluate, lay- off, schedule, and determine the qualifications of all employees. 4.1.6 To suspend, demote, discharge, reprimand, or take other disciplinary action against employees for just cause. 4.1.7 To determine the organization of City government. SEIU Florida Public Services Union, CTW, CLC - White Collar 7 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 of 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. SEIU Florida Public Services Union, CTW, CLC - White Collar 8 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. SEIU Florida Public Services Union, CTW, CLC - White Collar 9 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 origin, marital status, physical handicap, sexual orientation or membership or non - membership in the Union. SEIU Florida Public Services Union, CTW, CLC - White Collar 10 ARTICLE 7 7.0 REPRESENTATION OF THE CITY 7.1 The City shall be represented by the City Manager, or a person or persons designated in writing to the Union by the City Manager. SEIU Florida Public Services Union, CTW, CLC - White Collar 11 ARTICLE 8 8.0 UNION REPRESENTATION 8.1 The City agrees to recognize the Union's officers and six (6) City employee stewards as agents of the Union. The Union shall furnish written notice to the Department Head of the designated Union officers and stewards within three (3) days of ratification of this Agreement and when any change in designation is made thereafter. The City recognizes the right of the Union to designate one (1) chief steward from among the six (6) City employee stewards. The authority of a Union steward to act on behalf of and bind the Union is implied from their designation as steward. 8.2 Non- employee officials of the Union shall, with prior written notification to the City Manager, be admitted to the property of the City for purposes of administering the Agreement. Union officials as designated above shall only be able to meet with City employees in non -work areas (i.e., break areas) and during non -work time. Nothing in this section shall preclude or interfere with the City's right to control access to City facilities for safety and/or security purposes. 8.3 Union stewards will be granted leave to engage in collective bargaining subject to the limitations set forth in Article 9, 9.2, or to meet with the representatives of the City for grievance investigation and/or consultation with management representatives to avoid or resolve grievances including Labor - Management meetings, subject to Article 9.2. 8.4 Union Stewards may be granted leave and may utilize "Union Time Pool" time to engage in the following representative activities: A. When an employee is required to appear at a hearing related to a grievance and or arbitration. B. When an employee is responding to disciplinary action or investigation. C. When an employee is attending a pre - determination conference. D. 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 pay or 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 affect the on- going day to day operations in any department. Additional hours may be used, with) pay, when those hours are funded by "Union Time Pool" time. The City may stop the use of such time off if it interferes with productivity or manpower needs. However, the exercise of such right on the City's part shall not be arbitrary or capricious, nor shall it allow the City to proceed in a manner that deprives the employee of his or her right of representation. SEIU Florida Public Services Union, CTW, CLC - White Collar 12 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 affect 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. SEIU Florida Public Services Union, CTW, CLC - White Collar 13 ARTICLE 9 9.0 COLLECTIVE BARGAINING 9.1 The membership of the bargaining unit shall be represented in collective bargaining by the President of the Union or by a person or persons designated in writing to the City Manager. It is understood that the Union representative or representatives are the official representatives of the Union for the purpose of negotiating with the City. Such negotiations entered into with persons other than those defined herein, regardless of their position or association with the Union, shall be deemed unauthorized and shall have no weight or authority in committing or in any way obligating the Union. It shall be the responsibility of the Union to notify the City Manager in writing of any changes in the designation of any certified representative of the Union. 9.2 No more than 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. SEIU Florida Public Services Union, CTW, CLC - White Collar 14 ARTICLE 10 10.0 UNION TIME POOL 10.1 Members of the bargaining unit may each donate a share of their accrued vacation and/or sick leave hours (provided the member maintains at least 120 hours of accrued time) to fund the Union Time Pool. The employee's designated donation shall be deducted each October 1'` 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 exceeds the total amount of hours in the time pool, stewards may be released without pay or they may used 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 affect the ongoing 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, not 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 employee's 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 Tune -Out Slip when using time pool hours. 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. SEIU Florida Public Services Union, CTW, CLC - White Collar 15 ARTICLE 11 11.0 BULLETIN BOARDS 11.1 The Union shall be provided space on bulletin boards at each location so designated by the City in the areas where unit employees normally are assigned to work for the use of SEIU Florida Public Services CTW, CLC members. These bulletin boards shall be used for posting Union notices, signed by a Union officer but restricted to the following: A. Notices of Union recreational and social affairs; B. Notices of Union elections and results of elections; C. Notices of Union appointments and other official Union business; D. Notices of Union meetings; E. Union newsletter On Track (may be unsigned). 11.2 All other information, including any notices containing any information other than purpose, date, time and place may be posted on such designated areas and the Union shall furnish the City Manager's office with a copy. All costs incidental to preparing and posting of Union materials will be borne by the Union. The Union is responsible for posting and removing approved material on its bulletin board and for maintaining such bulletin boards in an orderly condition. 11.3 The Union shall not post endorsements for candidates who are running for office. SEIU Florida Public Services Union, CTW, CLC - White Collar 16 ARTICLE 12 12.0 DISCIPLINE AND PERFORMANCE MANAGEMENT 12.1 PURPOSE The City is committed to recruiting, training, and retaining qualified employees who will contribute to the City's mission. The success of the City government in providing quality and efficient public service directly correlates with appropriate employee conduct and performance. The City and the Union encourage to the fullest degree, behavior which is positive and supportive of the goals of effective municipal management. The City and the Union recognize the need to provide feedback to employees regarding performance and conduct and agree that appropriate disciplinary action must be taken when an employee's conduct of performance is inconsistent with the needs and goals of the City. 12.2 VERBAL REMINDERS A Verbal Reminder is used to establish that an employee knew or should have known that his/her conduct or behavior is/was not appropriate or that his/her performance is not acceptable. A Verbal Reminder is intended to correct conduct, behavior, or performance before it reaches a level that requires disciplinary action to be taken. Verbal Reminders or other instructive verbal communication does not constitute discipline, and an employee is not entitled to Union representation when management is providing such reminders. 12.3 PROGRESSIVE DISCIPLINE Progressive discipline is suggested when circumstances support its use. No bargaining unit member shall be disciplined except for cause. Progressive, consistent, and appropriate discipline will be administered according to the seriousness of the offense. The following disciplinary actions shall be utilized, and, depending on the severity of the offense, the first action may be at any appropriate level, including termination of employment. 12.4 TYPES OF DISCIPLINARY ACTION A. Written Counseling B. Written Notice and/or Performance Improvement Plan C. Final Written Notice, Suspension, or Disciplinary Demotion D. Termination of Employment 12.5 TYPES OF APPEALS/RESPONSES TO DISCIPLINARY ACTION Employees may: A. Provide Written Statements for Employee File in Response to Discipline B. Request Administrative Review with Human Resources Director or designee SEIU Florida Public Services Union, CTW, CLC - White Collar 17 1) Request in writing within ten (10) calendar days of disciplinary action 2) For review of disciplinary action greater than a Written Counseling 3) Disposition of Human Resources Director or designee is provided in writing to employee within thirty (30) calendar days; decision is final and not subject to further review. C. Participate in a Pre - Determination Conference 1) For review prior to the effective date of suspension without pay of three (3) or more days or a termination 2) Timely elect to have and attend the Pre - Determination Conference with or without representation 3) Present information to the Human Resources Director (or designee) in defense against or mitigation of the recommended disciplinary action 4) Receive written notice of the City's decision to uphold, modify, or reverse the recommended disciplinary action. 12.6 EXTREME MISCONDUCT The following list, although not all- inclusive, is representative of acts the City and Union agree constitutes "extreme misconduct," and as such, may result in termination of employment. A. Theft or removal of City property without appropriate authorization B. Acts or threats of violence while on duty C. Dishonesty; giving false information, failure to or refusal to fully and truthfully cooperate in City- initiated investigations D. Falsification of City records, including but not limited to attendance records, work orders, and other work - related reports E. Falsifying employment application/documents, concealing information or misrepresenting information during employment screening or processing F. Soliciting or accepting and unauthorized fee or gift; failure to comply with Florida Statute Chapter 112, or failure to comply with Palm Beach County Ethics G. Conviction of a crime (including non -work related) involving theft, fraud, violence, dishonesty, or moral turpitude (conduct unbecoming a City employee) H. Use of alcohol while on duty or performing work while under the influence of alcohol. I. Possession, use, or sale of illegal drugs or possession, use, or sale of controlled substances for which the employee does not have a prescription. J. Other misconduct the City and the Union mutually deem as "extreme" and counter to the conduct reasonably expected of that of a City employee. 12.7 CRIMINAL CHARGES SEIU Florida Public Services Union, CTW, CLC - White Collar 18 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 all final dispositions 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. SEIU Florida Public Services Union, CTW, CLC - White Collar 19 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. A. The term "day" in this Article shall mean Monday through Thursday, exclusive of holidays, as recognized by the Agreement 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 in 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 filling as follows: 13.4.1 Step 1. Within ten (10) 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 SEIU Florida Public Services Union, CTW, CLC - White Collar 20 to the employee's Department Director/Designee. The grievance shall be hand delivered or sent by facsimile between the hours of 8:00 A.M. to 5:00 P.M. The written grievance should state the following: a. Statement of the grievance and the facts upon which it is based. b. The Article(s) and Section(s) of the 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) days since the initial incident ahs 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 P.M. on the eleventh (11 th ) 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) days of the date of receipt of the Department Director's/Designee's decision. Within five (5) days of receipt of the grievance, the Human Resources Director will contact the aggrieved employee, and schedule a meeting within five (5) days to discuss the matter. The Human Resources Director or designee shall respond in writing to the employee within five (5) days of the meeting. 13.4.3 Step 3. When a grievance/disciplinary appeal is not settled under the forgoing steps of the grievance procedure, the Union, within twenty (20) days of such decision or termination, may initiate arbitration by filing a request with the Federal Mediation and Coalition Service for an arbitration panel. A copy on 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). SEIU Florida Public Services Union, CTW, CLC - White Collar 21 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. (S)he 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 step or after the terminated employee's Pre - Determination Conference. 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 expense shall be borne equally by both parties, unless they agree otherwise. SEIU Florida Public Services Union, CTW, CLC - White Collar 22 ARTICLE 14 14.0 BASIC WORK WEEK AND OVERTIME 14.1 The basic work week shall consist of forty (40) hours, unless otherwise specified. The City Manager will establish and may change the basic work week 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 work performed in excess of forty (40) hours in any one (1) work week shall be paid in accordance with the Fair Labor Standards Act (r'LSA). 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, the employee and supervisor must mutually agree in order to flex the employee's schedule. 14.6.2 Supervisors shall provide no less than two (2) hours advance notice to employees prior to the assignment of unscheduled, mandatory overtime unless circumstances prohibit such advance notice, in which case, the employer shall give as much notice as is reasonably possible. 14.7 Employees may all be required to work additional hours as directed unless excused by supervision. 14.8 Shift Bidding and Posting. Employees who work in departments within the City in classifications that are covered by more than one shift shall be allowed to bid shifts, which shall be granted by seniority once each year to be completed by January 31 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 of B -Class workers (those with less than five years of experience) required for work on each shift so that balance of experience may be 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 to or more than seven (7) minutes after their 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. SEIU Florida Public Services Union, CTW, CLC - White Collar 23 The City will follow the Department of Labor's "7/8 Minute Rule." Example: 6:53 — 7:07 = 7:00 7:08- 7:22 =7:15 7:23 — 7:37 = 7:30 7:38- 7:52 =7:45 14.10 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. SEIU Florida Public Services Union, CTW, CLC - White Collar 24 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 (40) hours in a work week. 15.2 Compensatory time is 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 must be taken within the quarter following its accrual or it will be paid out. 15.3 It is solely the employee's choice to whether (s)he wishes to be paid for his/her overtime or take compensatory time. The City will not encourage employees to take one form of compensation over the other. SEIU Florida Public Services Union, CTW, CLC - White Collar 25 ARTICLE 16 16.0 WAGES 16.1 Wages shall remain at their current level and shall not increase for the duration of this Agreement. 16.2 Year One — (October 1, 2011 through September 30, 2012) wage freeze. 16.2.1 If during the time period of October 1, 2011 through September 30, 2012, the City Commission authorizes an across the board percentage increase to the base wages of or lump sum payment to another represented or non - represented employee group, the SEIU White Collar Unit shall receive the same percentage increase to their base wages or lump sum payment. 16.3 Year Two — (October 1, 2012 through September 30, 2013) — Wage Freeze. SEIU Florida Public Services Union, CTW, CLC - White Collar 26 ARTICLE 17 17.0 PROMOTIONS, RECLASSIFICATIONS, TRANSFERS & DEMOTIONS 17.1 PROMOTIONS 17.1.1 It is recommended that an employee interested in applying for a promotional opportunity is in his/her current position for a minimum of six (6) months and has satisfactory performance. Each promoted employee must successfully complete a six (6) month probationary period in the new position. Employees are eligible for the following increases in pay upon promotion: Promotion from non - exempt to exempt position: +10% of mid -point of new grade or to minimum of new grade, whichever is higher Promotion of one grade (exempt to exempt or non - exempt to non- exempt): +5% of mid -point of new grade or to minimum of new grade, whichever is higher Promotion of two grades (exempt to exempt or non - exempt to non- exempt): +7.5% of mid -point of new grade or to minimum of new grade, whichever is higher Promotion of three or more grades (exempt to exempt or non - exempt to non - exempt): +10% 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 will be placed on a probationary period of six (6) months from the date of promotion. 17.2 DEMOTION (Voluntary and Non - Disciplinary) 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) SEIU Florida Public Services Union, CTW, CLC - White Collar 27 Decrease of three of 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 (6) months from the date of transfer. Probationary employees, whether in their first year as an employee or in their six (6) month promotional probationary period have no property entitlement to their positions. 17.4 RECLASSIFICATION 17.4.1 Positions may be considered for reclassification only upon written request of the Department Head, including detailed justification. If the reclassification is for a change to an existing position classification (e.g. Grade 13 to Grade 14), the incumbent must complete a position questionnaire, which will then be evaluated by the Human Resources Department. If the request is to change from one current position classification to another (e.g. Office Assistant to Office Assistant, Sr.), that justification must be included in the Department Head's request. 17.4.2 Reclassifications 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 Human Resources 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 classification will become effective as of the date the reclassification is approved. 17.5 PROMOTION FROM PART -TIME TO FULL -TIME SEIU Florida Public Services Union, CTW, CLC - White Collar 28 17.5.1 Each promoted employee must successfully complete a probationary period of six (6) 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. SEIU Florida Public Services Union, CTW, CLC - White Collar 29 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/her 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 standby 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 (s)he be called back to work. The employee shall receive one (1) hour of pay at the overtime rate for each day or portion thereof that they are assigned standby beeper duty. 18.2 An employee may be assigned to or paid for standby 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 standby if they are scheduled to be in a leave status for the entire shift if they are available. 18.3 No more than fourteen (14) days of standby can be paid in any pay period. 18.4 Crime Scene 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 standby for eight (8) hours, the employee shall receive four (4) hours plus one (1) additional hour at straight time. If a Crime Scene employee goes to court, (s)he will be paid for the court time at time and one -half when not on his/her regular assignment. Court time will be compensated a minimum of three (3) hours at time and one -half. 18.5 CALL BACK PAY An employee called back to work after having been relieved and having left the assigned work station, or called in before his/her regularly scheduled work time, shall be paid a minimum of two (2) hours pay at the rate of one and one -half (1 1/2) times his/her hourly base rate of pay when such call back is between the hours of 8:00 A.M. and 12:00 A.M. (midnight) and shall receive a minimum of three (3) hours at the rate of one and one -half (1 '4) times his/her hourly base rate of pay when such call back is between the hours of 12:01 A.M. and 7:59 A.M. Employees shall be paid for the actual hours worked for all hours in excess of the appropriate callback minimum. No concurrent payment of call back and regular pay is permitted. SEIU Florida Public Services Union, CTW, CLC - White Collar 30 SEIU Florida Public Services Union, CTW, CLC - White Collar 31 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. SEIU Florida Public Services Union, CTW, CLC - White Collar 32 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 2011/2012 and FY 2012/2013. SEIU Florida Public Services Union, CTW, CLC - White Collar 33 ARTICLE 21 21.0 EMPLOYEES ASSIGNED TO TRAINING DUTIES 21.1 Employees who are assigned for five (5) or more days to train another employee who is new to a position shall be assigned in writing and shall receive a five percent (5 %) increase in pay during the time of the assignment. SEIU Florida Public Services Union, CTW, CLC - White Collar 34 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 for five (5) or more days shall receive a five percent (5 %) increase in pay, or the minimum of the higher classification, whichever is greater, until returned to their regular classification. 22.2 Employees required to perform work in a higher classification for training purposes will be notified in writing by their supervisor. Working in a higher classification for such training purposes does not entitle the employee to any increase in pay. SEIU Florida Public Services Union, CTW, CLC - White Collar 35 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 (1/2) 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 (s)he 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 Workers' Compensation. E. Once an employee has exhausted all other paid leave, (s)he may use sick leave to care for his/her immediate family member who has a serious medical condition and whose condition is certified and approved through the City's Human Resources Department that the leave is in accordance with the Family and Medical Leave Act (FMLA). 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. Upon ratification of the Agreement, the Personal Leave Bank is frozen. 23.3.1 Any employee who has a Personal Leave balance may utilize his/her personal leave hours until such time that the bank is exhausted. 23.3.2 Any unused personal leave hours shall be cashed in upon separation from the City at fifty (50 %) percent. 23.4 An employee making a departmental transfer will retain any unused sick leave. 23.5 Payout of Sick Leave 23.5.1 Newly hired probationary employees are not eligible for sick leave payout. 23.5.2 Regular employees will have payment made for unused sick leave, at the rate specified in the table below, for the total number of accrued and unused hours, upon resigning, or retirement or death. (Retirement shall SEIU Florida Public Services Union, CTW, CLC - White Collar 36 include normal retirement, disability retirement, or early retirement as defined in the appropriate Pension Plan). Continuous Years of Service Percentage of Sick Leave Payout Less than 5 full years 0% 5 years but less than 10 full years 25% More than 10 full years 50% Upon retirement from the City 50% 23.6 Employees may request, and be covered by the provisions of the Family and Medical Leave Act. 23.7 Sick leave exceeding three (3) consecutive work days requires medical certification to be submitted to the Human Resources Department upon retum 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 receiving employee has exhausted all available paid leave. 23.8.2 Extraordinary circumstances shall be defined as lengthy hospitalization, critical illness or off-the-job 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. SEIU Florida Public Services Union, CTW, CLC - White Collar 37 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, (s)he shall be entitled to full regular pay. 24.2 If the period of disability is greater than seven (7) calendar days, the employee shall receive a sum of money up to an amount equal to the difference between his/her workers' 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, (s)he will be obligated to reimburse the City for all medical expenses and supplement, sick or vacation pay taken and shall be subject to dismissal. SEIU Florida Public Services Union, CTW, CLC - White Collar 38 ARTICLE 25 25.0 LIGHT DUTY 25.1 The City may provide employees who have non -work related injuries, which prohibit them from performing one or more of the essential functions of their positions to 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 light duty work without risk of further injury. The City is under no obligation to create light duty work. SEIU Florida Public Services Union, CTW, CLC - White Collar 39 ARTICLE 26 26.0 VACATION 26.1 Each full time employee shall earn vacation 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/Designee who shall schedule vacations to meet the operating requirements of the Department. 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 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 of 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 Out of Vacation and/or Sick Leave Time 26.5.1 Employees faced with sudden extraordinary circumstances of hardship, as defined by IRS regulations governing 401(k) plans, and who have in excess of forty (40) hours of accrued vacation are eligible to request emergency cash out of vacation. If approved, an employee may convert up to eighty (80) hours to cash (less applicable deductions) provided they have 40 hours remaining in their vacation accrual account after the cash out. Conversions must be done in increments of eight (8) hours. SEIU Florida Public Services Union, CTW, CLC - White Collar 40 26.5.2 Employees who do not have enough vacation time to use for the total amount of emergency cash out may consider including sick leave hours. Sick leave hours cash out 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 witting 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. 26.5.3. l The committee reserves the right to review and consider requests that are not specifically addressed in the IRS regulations governing 401(k) plans. 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 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. Emergency vacation is charged in no less than one (1) hour increments. 26.7 An employee who takes leave without a timely request or without approval shall be subject to disciplinary action. SEIU Florida Public Services Union, CTW, CLC - White Collar 41 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 though September, and October through December) if the employee has not used sick time, nor has been absent from work 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. SEIU Florida Public Services Union, CTW, CLC - White Collar 42 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. A. 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. B. 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. C. 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, compassionate 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 eamed. Holidays that occur during vacation leave shall not be charged against such vacation leave. SEIU Florida Public Services Union, CTW, CLC - White Collar 43 ARTICLE 29 29.0 COMPASSIONATE LEAVE 29.1 In the event of the death of the mother, father, child, son, daughter, foster parent, foster child, step - parent, step - child, step -son, step-daughter, brother, sister, husband, wife, registered domestic partner, 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 any one 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 (s)he deems it appropriate. SEIU Florida Public Services Union, CTW, CLC - White Collar 44 ARTICLE 30 30.0 MILLITARY 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 to paid leave pursuant to Florida Statute 115.07. 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 will 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. SEIU Florida Public Services Union, CTW, CLC - White Collar 45 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 (6) months for sickness, disability or other good and sufficient reasons that are considered to be in the best interest of the City. Requests must be in writing. A leave of absence without pay must be approved by the City Manager. Employees who 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. 31.3 Prior to be granted an unpaid leave of absence, an employee must exhaust all of his/her available leave time. SEIU Florida Public Services Union, CTW, CLC - White Collar 46 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 (3) days shall be deemed to have abandoned his or her job and shall be separated from employment with the City. Separation of this type shall not be considered a disciplinary separation. 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 and not 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 Human Resources Director must be provided with details of the absence to determine if just cause exists. SEIU Florida Public Services Union, CTW, CLC - White Collar 47 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 their supervisor. In order for employees to receive their regular pay for such leave, they must provide documentation of pay and the employees must deposit the money which they receive for jury duty or as a witness, with the City's Finance Department, 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. 33.2 Employees are required to provide five (5) days' notice to their supervisors that they have received a jury summons. Employees who are required to report to jury duty on a day that they are scheduled to work are not required to report to work on the day on which they reported for jury duty. Employees whose work schedule crosses the day divide (12:00 A.M.) must make arrangements with their supervisors in advance as to which day they will be required to report. SEIU Florida Public Services Union, CTW, CLC - White Collar 48 ARTICLE 34 34.0 SENIORITY AND 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 employee's work schedule (e.g. 4 -10 hour days, 5 -8 hour days etc.) E. Failure to report to the Human Resources Department, the intention of returning to work within five (5) days of receipt of recall as verified by certified mail F. Failure to report from military leave within the time prescribed 34.3 Layoff of employees shall be handled in the following manner: The City Manager may lay off 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 Resources 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, expect in the case of 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. SEIU Florida Public Services Union, CTW, CLC - White Collar 49 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 (s)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. SEIU Florida Public Services Union, CTW, CLC - White Collar 50 ARTICLE 35 35.0 RECRUITMENT AND SELECTION 35.1 The Recruitment and Selection Process and Procedures will follow those described in the Personnel Policy Manual (PPM). SEIU Florida Public Services Union, CTW, CLC - White Collar 51 ARTICLE 36 36.0 SAFETY AND HEALTH 36.1 The City hall 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 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, 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 the City's cost. 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. SEIU Florida Public Services Union, CTW, CLC - White Collar 52 ARTICLE 37 37.0 INSURANCE 37.1 Medical, Vision and Dental Insurance 37.1.1 Year One — (October 1, 2011 through September 30, 2012) 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 premi>ms for their dependents. 37.1.2 Year Two — (October 1, 2012 through September 30, 2013) The City shall pay the total dental and vision care premiums for all regular employees. The employees will pay the full cost of medical, dental, and vision insurance premiums for their dependants. The employees of the bargaining unit agree to contribute a flat percentage, not to exceed six percent (6 %), toward employee coverage for medical insurance premiums when such contributions commence with all other eligible groups of employees within the City. 37.2 The review and selection of insurance coverage is made on an annual basis by the City. The City has a Benefits Committee, which is comprised of an equal number of non - represented members who are appointed by the City Manager and two (2) 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 Benefits Committee. SEIU Florida Public Services Union, CTW, CLC - White Collar 53 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 his/her own personnel records and shall have the right to make one duplicate copy of his/her records at no expense. Additional copies may be obtained at the employee's expense. The City will purge personnel files in accordance with appropriate Florida State Statutes. The employee file maintained by the Human Resources Department shall be the official file for each employee. SEIU Florida Public Services Union, CTW, CLC - White Collar 54 ARTICLE 39 39.0 TUITION ASSISTANCE PROGRAM 39.1 The Tuition Assistance Program as described in the Administrative Police Manual (APM) will be followed. Refer to 04.01.03, Organizational and Strategic Development Policies, Tuition Assistance Program in the APM for specifics. SEIU Florida Public Services Union, CTW, CLC - White Collar 55 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, shall be responsible for replacing those lost tools, materials and items of value. Tools stolen from their assigned City -owned vehicle or City property shall be replaced by the City, if there was no negligence in their loss. In the event that the employee was negligent, the employee shall be responsible for the replacement of the stolen tools. 40.2 The employee shall be allowed to place written refutations and/or responses into their personnel file and/or departmental work file when those refutations or responses relate to material placed into the personnel file that has been prepared by supervisors. 40.3 Uniforms will be provided annually as follows, unless otherwise indicated below: Application Technicians 4 Shirts, 3 Pants Code Enforcement 4 Shirts, 3 Pants, 1 Jacket (Replacement), 1 Baseball cap or Aussie Hat Field Inspectors 4 Shirts, 3 Pants, 1 Jacket (Replacement), 1 Baseball cap or Aussie Hat Plan review Analyst 4 Shirts, 3 Pants, 1 Jacket (Replacement), 1 Baseball cap or Aussie Hat Sr. Plan Review Analyst 4 Shirts, 3 Pants, 1 Jacket (Replacement), 1 Baseball cap or Aussie Hat Laboratory Technicians 4 Shirts, 3 Pants, I Jacket (Replacement), 1 Baseball cap or Aussie Hat Laboratory Technicians, Sr. 4 Shirts, 3 Pants, 1 Jacket (Replacement), 1 Baseball cap or Aussie Hat Laboratory Field 4 Shirts, 3 Pants, 1 Jacket (Replacement), Technicians 1 Baseball cap or Aussie Hat Police and Fire Department and other employees covered by this Agreement, but not listed, will be issued uniforms in accordance with their Department policy. The cost of uniforms shall be borne by the City. Employees are required to return uniforms to the City when they terminate employment. SEIU Florida Public Services Union, CTW, CLC - White Collar 56 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 vehicles 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. SEIU Florida Public Services Union, CTW, CLC - White Collar 57 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 a 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: SEIU Florida Public Services Union, CTW, CLC - White Collar 58 NOTICE TO CITY AND UNION AUTHORIZATION FOR DEDUCTION/DISCONTINUATION OF UNION DUES I hereby authorize my City to deduct from my salary each pay period my Union dues, as certified to the City by the Union, and to transmit this amount to the Treasurer of the Union. I hereby authorize my employer to deduct from my salary each pay period my COPE deduction of $2.00 per week, as certified to the employer by the Union, and to transmit this amount to the Treasurer of the Union. I understand that this authorization is voluntary and I may revoke it at any time by giving my City and the Union thirty (30) days advance notice in writing. Date Signature Job Title Name Printed SEIU Florida Public Services Union, CTW, CLC - White Collar 59 ARTICLE 42 42.0 PENSION 42.1 Employees will continue to participate in the employee's 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. 42.2 The City and the Union agree to conform the pension plan to state requirements. SEIU Florida Public Services Union, CTW, CLC - White Collar 60 ARTICLE 43 43.0 SUBSTANCE ABUSE 43.1 The Union recognizes and supports the City's Drug Free Workplace Policy in the current City Ordinance and will work with the City to enforce the provisions of the policy. It is recognized by the Union that the City's Drug Free Workplace Policy applies to all members of this bargaining unit. SEIU Florida Public Services Union, CTW, CLC - White Collar 61 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 All newly hired or rehired employees shall be subject to a probationary period of one (1) year. 44.3 All promoted or transferred employees shall be subject to a probationary period of six (6) months. 43.3.1 The probationary period of promoted employees does not apply to layoffs. SEIU Florida Public Services Union, CTW, CLC - White Collar 62 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. 45.2 Employees will receive a cash Lump Sum Bonus as follows: On the employees fifth (5 anniversary a lump sum payment of $500. On the employees tenth (10th) anniversary a lump sum payment of $1000. On the employees fifteenth (15 ) anniversary a lump sum payment of $1,500. On the employees twentieth (20t) anniversary a lump sum payment of $2,000. On the employees twenty-fifth (25 anniversary a lump sum payment of $2,500. On the employees thirtieth (30 anniversary a lump sum payment of $3,000. On the employees thirty-fifth (35"') anniversary a lump sum payment of $3,500. On the employees fortieth (40 anniversary a lump sum payment of $4,000. 45.3 Any pay earned for Longevity Benefits is subject to required Federal deductions. 45.4 Employees who terminate from 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 2011 -2012. 45.6 The foregoing benefit addressed in this article is suspended for FY 2012 -2013. SEIU Florida Public Services Union, CTW, CLC - White Collar 63 ARTICLE 46 46.0 BONUS INCREASES In addition to any other monetary benefit, the City Manager is authorized to approve a bonus of $500.00 when such bonus is justified, in writing, on the prescribed forms by the Department Head. This bonus will not affect the employee's 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; it 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. SEIU Florida Public Services Union, CTW, CLC - White Collar 64 ARTICLE 47 47.0 LABOR - MANAGEMENT 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. SEIU Florida Public Services Union, CTW, CLC - White Collar 65 ARTICLE 48 48.0 SAVINGS 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. SEIU Florida Public Services Union, CTW, CLC - White Collar 66 ARTICLE 49 49.0 MAINTENANCE OF CONDITIONS 49.1 Expect 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 (wage 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. SEIU Florida Public Services Union, CTW, CLC - White Collar 67 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. SEIU Florida Public Services Union, CTW, CLC - White Collar 68 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, Pay Plan, 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. SEIU Florida Public Services Union, CTW, CLC - White Collar 69 ARTICLE 52 52.0 BARGAINING UNIT INFORMATION The Union may request from the Human Resources Director a monthly report be submitted by electronic means with the following information for all bargaining unit employees: Name Address (if not exempt from public records) Hire Date Work Location Employee ID Classification of Employee Hourly Rate Dues Deducted List of Employees in the Bargaining Unit who have left the City in the previous month SEIU Florida Public Services Union, CTW, CLC - White Collar 70 ARTICLE 53 53.0 DURATION 53.1 This Agreement and all monetary benefit adjustments provided herein shall be effective upon ratification by both parties and remain in full force and effect until September 30, 2013. Wage and benefit levels existing on September 30, 2010, shall be frozen as of that date and shall constitute the status quo during any period of negotiations for a successor Agreement. 53.2 The City and the Union agree that the following Articles in this Agreement are subject to Reopener negotiations: Article 16 — Wages, Article 20 — Certification Pay, Article 28 — Holidays, Article 37 — Insurance, and Article 42 — Pension. 53.2.1 Negotiations for these reopener Articles shall commence in June 2012 and be concluded by September 1, 2012. If an agreement is not reached by September 1, 2012, the negotiations shall be deemed at impasse and the impasse issue shall be submitted to the City Commission at the second Commission meeting in September 2012. The City and the Union waive the appointment of a special magistrate to resolve the impasse and agree that the City Commission shall have final authority to resolve the impasse issues. During the negotiations and the impasse process, if any, the base wages of bargaining unit employees will be frozen at the levels in place at the time the City requests to reopen negotiations and no subsequent base wage increases will occur except as thereafter negotiated by the City and the Union, or, in the event the reopened negotiations do not result in a ratified Agreement, as imposed by the City Commission through the impasse process. 53.3 A notice of intent to reopen shall be made in writing. The parties will promptly engage in bargaining the reopened articles. SEIU Florida Public Services Union, CTW, CLC - White Collar 71 Agreed to this day of 1 , 2013 by and between the respective parties through the authoriz resentatives of the Union and the City. SEIU Florida Public Services Union, The City of Boynton Beach, Florida CTW, CL Con trmed by: 1phonso Mayfield, President L LaVerriere, City Manager Attest: ,q , g eLvt.gt. L rn Prainito, City Clerk Ratified by Union: Ratified by City of Boynton Beach: On the c26 day of On the (o day of 01" o 4 , re bra ay-3 , 2013 ,2013 � z O c) ti APPROVE R :/ W ITT ATTORNEY SE1U Florida Public Services Union, CTW, CLC — White Collar