R14-006 11
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1 ' RESOLUTION R14 -006
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 RATIFYING THE AGREEMENT BETWEEN THE
6 CITY OF BOYNTON BEACH, FLORIDA AND THE
7 SEIU FLORIDA PUBLIC SERVICES UNION, CTW,
8 CLC — WHITE COLLAR UNIT FOR THE ONE YEAR
9 PERIOD OF OCTOBER 1, 2013 THROUGH
10 SEPTEMBER 30, 2014, AND AUTHORIZING AND
11 DIRECTING THE CITY MANAGER AND CITY
12 CLERK TO EXECUTE THE AGREEMENT; AND
13 PROVIDING AN EFFECTIVE DATE.
14
15 WHEREAS, the City of Boynton Beach and the SEIU Florida Public Services
16 Union, CTW, CLC — White Collar Unit have successfully concluded negotiations for a
17 one (1) year contract; and
18 WHEREAS, on December 19, 2013, the Agreement was ratified by the
19 Bargaining 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 City Manager and City Clerk to execute the same; and
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
24
25 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26
27 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
28 ratified and confirmed by the City Commission.
29 Section 2. The City Commission of the City of Boynton Beach, Florida does
30 hereby ratify the Agreement between the City of Boynton Beach and the SEIU Florida
1
31 Public Services Union, CTW, CLC — White Collar Unit for the one (1) year period of
I
32 October 1, 2013 through September 30, 2014, and authorizing and directing the City
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111 Manager and City Clerk to execute the Agreement. a copy of said agreement being
,
2 attached hereto as Exhibit "A ".
l
3 Section 3. This Resolution will become effective immediately upon passage.
4 PASSED AND ADOPTED this 7th day of January, 2014.
5
6 CITY OF BOYNTON BEACH, FLORIDA
7
9 "'! C� e l --
1 0 ; yor — Je Taylor,
11
12 / 13 lig 'j%ii-- /i i
14 Vice Mayor — Woo. .w ' ay
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18 Commissi.ner— D avid T. Merl '`--
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22 C. mmissioner — Michael M. Fitz trick
23
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26 C ( mmissioner — Joe Casello
27 ATTEST:
28
29
30 °°1111k411 11. • . . .
31 ( Ja •t M. Prainito, MMC
32 - ity Clerk
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COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE CITY OF BOYNTON BEACH, FLORIDA
AND
SEIU FLORIDA PUBLIC SERVICES UNION, CTW, CLC
WHITE COLLAR BARGAINING UNIT
October 1, 2013 to September 30, 2014
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 24
14.0 BASIC WORK WEEK AND OVERTIME 24
ARTICLE 15 26
15.0 COMPENSATORY TIME 26
ARTICLE 16 27
16.0 WAGES 27
ARTICLE 17 .... 28
17 0 PROMOTIONS, RECLASSIFICATIONS, TRANSFERS & DEMOTIONS 28
ARTICLE 18... ... 31
18 0 STANDBY PAY.... 31
ARTICLE 19.... 33
19.0 EMERGENCY PAY POLICY 33
ARTICLE 20 34
20.0 CERTIFICATION PAY 34
ARTICLE 21 35
21 0 EMPLOYEES ASSIGNED TO TRAINING DUTIES 35
ARTICLE 22 36
22.0 WORKING IN A HIGHER CLASS 36
ARTICLE 23..... 37
23 0 SICK LEAVE 37
SEIU Florida Public Services Union, CTW, CLC - White Collar 1
ARTICLE 24 39
24.0 WORKERS' COMPENSATION 39
ARTICLE 25 40
25.0 LIGHT DUTY 40
ARTICLE 26 41
26.0 VACATION 41
ARTICLE 27 43
27.0 BONUS HOURS 43
ARTICLE 28 44
28.0 HOLIDAYS 44
ARTICLE 29 45
29.0 COMPASSIONATE LEAVE 45
ARTICLE 30 46
30.0 MILITARY LEAVE 46
ARTICLE 31 47
31.0 LEAVES OF ABSENCE 47
ARTICLE 32 . . 48
32.0 UNAUTHORIZED ABSENSE 48
ARTICLE 33 49
33.0 JURY DUTY 49
ARTICLE 34 50
34.0 SENIORITY AND LAYOFF 50
ARTICLE 35 52
35.0 RECRUITMENT AND SELECTION 52
ARTICLE 36 53
36.0 SAFETY AND HEALTH 53
ARTICLE 37 54
37.0 INSURANCE 54
ARTICLE 38 55
38.0 PERSONNEL FILES 55
ARTICLE 39 56
39.0 TUITION ASSISTANCE PROGRAM 56
ARTICLE 40 57
40.0 GENERAL PROVISIONS 57
ARTICLE 41 59
41.0 DUES DEDUCTION 59
ARTICLE 42 61
42.0 PENSION 61
ARTICLE 43 62
43.0 SUBSTANCE ABUSE 62
ARTICLE 44 63
44.0 PROBATIONARY PERIOD 63
ARTICLE 45 64
45.0 BONUS INCREASES .. 64
ARTICLE 46 65
46.0 LABOR - MANAGEMENT 65
SEIU Florida Public Services Union, CTW, CLC - White Collar 2
ARTICLE 47 66
47.0 SAVINGS CLAUSE 66
ARTICLE 48 67
48.0 MAINTENANCE OF CONDITIONS 67
ARTICLE 49 68
49.0 POSTING OF AGREEMENT 68
ARTICLE 50 69
50.0 COLLATERAL DOCUMENTS 69
ARTICLE 51 70
51.0 BARGAINING UNIT INFORMATION 70
ARTICLE 52 71
52.0 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 dunng 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 pnor 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 dunng
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
SEIU Florida Public Services Union, CTW, CLC - White Collar 12
or capricious, nor shall it allow the City to proceed in a manner that deprives the
employee of his or her right of representation.
8.5 No employee shall engage in Union business while on duty except as referenced
in Section 8.3.
8.6 The City Manager will grant the Union stewards combined leave, without pay,
for a total of twenty (20) days per year in order that they may attend conferences,
seminars and similar events or other Union activities related to their
representative function provided the leave does not adversely 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 bargammg 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 l 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 Time -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 Flonda 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
121 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 seventy 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 Wntten Statements for Employee File in Response to
Discipline
SEIU Florida Public Services Union, CTW, CLC - White Collar 17
B. Request Administrative Review with Human Resources Director or
designee
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.
SEIU Florida Public Services Union, CTW, CLC - White Collar 18
12 7 CRIMINAL CHARGES
When a City employee who is a member of the bargaining unit is arrested and
charged with a felony offense, the employee shall be placed on administrative
leave without pay until 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. Challenges to discipline are governed by Article 12 — Discipline
and Performance Management.
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.
SEIU Florida Public Services Union, CTW, CLC - White Collar 20
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
to the employee's Department Director /Designee. The grievance shall be
hand delivered or electronically sent 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 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 gnevance by the Department Director /Designee, the Union shall have
the right to file a wntten 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 wnting to the employee within five
(5) days of the meeting.
13.4.3 Step 3. When a grievance/ is not settled under the forgoing steps of the
grievance procedure, the Union, within twenty (20) days of such decision
or termination, may initiate arbitration by filing a request with the
SEIU Florida Public Services Union, CTW, CLC - White Collar 21
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).
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 pnor 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 stnct rules of evidence shall not apply.
SEIU Florida Public Services Union, CTW, CLC - White Collar 22
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 23
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 (FLSA).
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 31s 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 24
The City will round time to the quarter hour consistent with 29 C.F.R. § 785.48.
Example:
6:53 — 7:07 = 7:00
7:08- 7:22 =7:15
7:23 — 7:37 = 7:30
7:38 -7 =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 25
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 26
ARTICLE 16
16.0 WAGES
16.1 For Fiscal Year 2013/2014, Bargaining Unit members will receive a three percent
(3 %) increase to their hourly base rate retroactive to October 1, 2013.
16.2 Wages shall remain at their current level and shall not increase for the duration of
this Agreement.
SEIU Florida Public Services Union, CTW, CLC - White Collar 27
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 - Disciphnary)
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 28
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 pnor 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 result 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.
SEIU Florida Public Services Union, CTW, CLC - White Collar 29
17.5 PROMOTION FROM PART -TIME TO FULL -TIME
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 30
ARTICLE 18
18.0 STANDBY PAY
18.1 In order to provide coverage for services dunng 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 Bargaining Unit 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 Bargaining Unit
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 ' /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 'A) 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
SEIU Florida Public Services Union, CTW, CLC - White Collar 31
appropriate callback minimum. No concurrent payment of call back and regular
pay is permitted.
18.6 Communications Mandatory Overtime Call Back Protocol
All communications personnel that are not working in a probationary status are
subject to mandatory overtime call back. Mandatory call back is defined as any
time a communications personnel is called into work when he /she is off duty, or
when the work time is not contiguous with his/her assigned shift.
Mandatory overtime goes into effect only during critical staffing when there is
less than three (3) dispatchers /communications specialists, not including the
supervisor on duty and after the overtime has been posted and offered to all
police dispatchers, starting wth the least senior employee on duty and the least
senior person off duty.
Mandatory call back will then commence with the dispatcher with the least
seniority on a rotating basis until the shift reaches minimum staffing of three (3)
dispatchers. Mandatory call back is a twelve (12) hour shift, but can be broken
into as few as four (4) hour increments to help cover the shift appropriately.
Example: A vacant shift of mandatory hours from 0600 -1800 exists. The shift
can be broke down to have a dispatcher work 0600 -1200 and a second dispatcher
can work 1200 -1800. In addition, it will work the same for evening/night shifts.
OR
A dispatcher that is already on duty with the least seniority can be mandated to
work an additional four (4) hours. The second dispatcher that is mandated can
work the eight (8) hour slot or the second dispatcher mandated can work the
middle four (4) hour slot and the third dispatcher mandated can work the last four
(4) hour slot.
When implementing mandatory overtime call back, the supervisor or designee
must contact the employee in person or by phone invoking the mandatory call
back (actually talking to the employee) or leave a message for the employee to
call back the police communications department within the hour.
In the event of call back, the employee shall be compensated for the actual time
worked at the rate of pay of one and one -half (1 '/) times the employee's regular
rate of pay.
Rotating basis means that once a dispatcher has been mandated, they cannot be
mandated again until the mandatory wheel has been complete and every
dispatcher has been mandated at some point along the way.
In the event a dispatcher is mandated and finds someone else to work for them,
the mandated dispatcher is credited for the mandatory call back, not the
replacement dispatcher
SEIU Florida Public Services Union, CTW, CLC - White Collar 32
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 33
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
2013/2014.
SEIU Florida Public Services Union, CTW, CLC - White Collar 34
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 dunng the time of the assignment.
SEIU Florida Public Services Union, CTW, CLC - White Collar 35
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 36
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 37
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 return to
work.
23.8 Sick Leave Donations
23.8.1 It shall be the pohcy 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 38
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, Risk Management 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 apphcation 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 39
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 40
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 41
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.
26.5.3.1 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 42
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, Apnl 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.
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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
earned. Holidays that occur during vacation leave shall not be charged against
such vacation leave.
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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.
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ARTICLE 30
30.0 MILITARY 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.
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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.
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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, due to a serious medical condition, 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.
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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.
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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.
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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.
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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).
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ARTICLE 36
36.0 SAFETY AND HEALTH
36.1 The City shall comply with all State and Federal regulations pertaining to the
occupational safety of the members of this bargaining unit. The City has and will
maintain a safe and healthy working environment for bargaining unit employees.
36.2 Employees who are in positions designated by the Safety Committee will receive
a one hundred forty -seven dollars and fifty cents ($147.50) safety shoes/boots
allowance annually.These shoes/boots shall only be worn for official City
business. Employees hired after the shoe allowance has been paid will receive a
pro -rated amount based on the number of months remaining in the fiscal year.
The City /Safety Committee will be responsible for deciding which positions
require wearing safety shoes/boots based on OSHA standards and
recommendations. Risk Management shall determine the type and quality of
such shoes /boots based upon the tasks listed in the City's Administrative Police
Manual, Personal Protection Equipment (P.P.E.) Addendum (A.P.M. 12.01.17 —
P.P.E. Attachment).
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.
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ARTICLE 37
37.0 INSURANCE
37.1 Medical, Vision and Dental Insurance
37.1.1 Year One — (October 1, 2013 through September 30, 2014)
The City shall pay the total medical insurance, dental insurance, and
vision care premiums for all regular employees. The employees will pay
the full cost of medical insurance, dental insurance, and vision care
premiums for their dependents.
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.
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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.
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ARTICLE 39
39.0 TUITION ASSISTANCE PROGRAM
39.1 The Tuition Assistance Program as described in the Administrative Policy
Manual (APM) will be followed. Refer to 04.01.03, Organizational and Strategic
Development Policies, Tuition Assistance Program in the APM for specifics.
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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 Compliance 5 Shirts, 3 Pants, 1 Jacket (Replacement),
Bargaining Unit Members 1 Baseball cap or Aussie Hat
Field Inspectors 4 Shirts, 3 Pants, 1 Jacket (Replacement),
1 Baseball cap or Aussie Hat
Plan review Analyst 4 Shirts, 3 Pants, 1 Jacket (Replacement),
1 Baseball cap or Aussie Hat
Sr. Plan Review Analyst 4 Shirts, 3 Pants, 1 Jacket (Replacement),
1 Baseball cap or Aussie Hat
Laboratory Technicians 4 Shirts, 3 Pants, 1 Jacket (Replacement),
1 Baseball cap or Aussie Hat
Laboratory Technicians, Sr. 4 Shirts, 3 Pants, 1 Jacket (Replacement),
1 Baseball cap or Aussie Hat
Laboratory Field 4 Shirts, 3 Pants, 1 Jacket (Replacement),
Technicians 1 Baseball cap or Aussie Hat
Telecommunicators Up to 3 Shirts and 3 Pants every six (6)
months. 1 Jacket annually
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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.
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.
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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
Flonda 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:
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NOTICE TO CITY AND UNION AUTHORIZATION
FOR DEDUCTION /DISCONTINUATION OF UNION DUES
I hereby authorize my City to deduct from my salary each pay period my Union dues, as
certified to the City by the Union, and to transmit this amount to the Treasurer of the
Union.
I hereby authorize my employer to deduct from my salary each pay period my COPE
deduction of $2.00 per week, as certified to the employer by the Union, and to transmit
this amount to the Treasurer of the Union.
I understand that this authorization is voluntary and I may revoke it at any time by giving my City
and the Union thirty (30) days advance notice in writing.
Date Signature
Job Title Name Printed
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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
as pertaining to municipal pension programs.
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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.
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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.
44.3.1 The probationary period of promoted employees does not apply to
layoffs.
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ARTICLE 45
45.0 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 and will
be in compliance with Florida Statute. 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.
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ARTICLE 46
46.0 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.
The Committee agrees to discuss a Career Path program for SEIU civilian bargaining unit
positions within the police department. The Committee will also discuss certification pay
for eligible positions.
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ARTICLE 47
47.0 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.
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ARTICLE 48
48.0 MAINTENANCE OF CONDITIONS
48.1 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.
48.2 If a past practice, previously approved by the Depattinent 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.
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ARTICLE 49
49.0 POSTING OF AGREEMENT
49.1 The City will maintain a copy of this Agreement for inspection in the Human
Resources Department.
49.2 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 50
50.0 COLLATERAL DOCUMENTS
50.1 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.
50.2 Nothing herein shall be interpreted to preclude the right of the Union or City to
impact bargain, subject to applicable law.
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ARTICLE 51
51.0 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 52
52.0 DURATION
52.1 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, 2014. Wage and benefit levels existing on September 30, 2014,
shall be frozen as of that date and shall constitute the status quo dunng any
period of negotiations for a successor Agreement.
52.1.1 If an agreement is not reached by December 31, 2013, the negotiations
shall be deemed at impasse and the impasse issue shall be submitted to
the City Commission at the second Commission meeting in January
2014. 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.
52.2
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,Z0,3
Agreed to this 2e l frk day of ) <' c-e / ,3014.by and between the
respective parties through the authorized representatives of the Union and the City.
SERI Florida Public Services Union, The City of Boynton Beach, Florida
CTW, CL
Confirmed by: ,
5 ;) `` `ti" ' of ' ice. CftvL.
Alp Mayfield President Ion LaV - City Manager
'iLLyG z d ,a7 eii(- -(LeeiL
Prainito, City e
Ratified by Union: Ratified by City of Boynton Beach:
On the / j/A day of On the 1 {~ day of
1)tu- .,t..<, ,29}4 2014
SEIU Florida Public Services Union, CTW, CLC — White Collar
I 1