White Collar 10-00 to 09-03RESOLUTION NO. R01-/~
A RESOLUTION OF THE C1TY COMMISSION OF THE CI-I'Y OF
BOYNTON BEACH, FLOR[DA, RA'I-[FYING THE 2000-2003
COLLECT~E BARGAINING AGREEMENT BETWEEN THE C1TY
OF BOYNTON BEACH AND THE NATIONAL CONFERENCE OF
FIREMEN AND OILERS, SEIU, AFL-CIO, CLC, LOCAL 1227
(WHITE COLLAR UNIT); AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City and the National Conference of Firemen and Oilers, SEIU, AFL-
CIO, CLC (White Collar Unit) have been diligently negotiating a collective bargaining
agreement; and
WHEREAS, National Conference of Firemen and Oilers, SEIU, AFL-CIO, CLC (White
Collar Unit) have ratified the attached Collective Bargaining Agreement;
NOW~ THEREFORE~ BE Zl' RESOLVED BY THE CZTY COMMTSSI'ON OF THE
CITY OF BOYNTON BEACH~ FLORIDA~ THAT:
Section'1. The City Commission of the City of Boynton Beach, Florida does
hereby ratify the 2000-2003 Collective Bargaining Agreement between the City of Boynton
Beach and the NatiOnal Conference of Firemen and Oilers, SEIU, AFL-CIO, CLC (White Collar
Unit), a copy of which is attached hereto as Exhibit "A".
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~ , day of February~ 200:L.
Al-rEST:
LABOR AGREEMENT BETWEEN
The City of Boynton Beach, Florida
and
The National Conference of
Firemen & Oilers, SEIU, AFL-CIO, CLC, Local 1227
White Collar Bargaining Unit
October 1~ 2000 September 30, 2003
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Rev 011601,012401
TABLE OF CONTENTS
Article Page
1 Preamble 2
2. Recognition 3
3 Rights of Employees 4
4 Strikes 5
5 Non-Discrimination 6
6 Representation of the City 7
7 Union Representation 8
8 Bulletin Boards 10
9 Progressive Discipline 11
10 Grievance Procedures 21
11 Basic Work Week & Overtime 24
12 Compensatory Time 27
13 Sick Leave 28
14 Funeral Leave 31
15 Military Leave 32
16 Leave of Absence 33
17 Jury Duty 34
18 Maintenance of Benefits 35
19 Seniority 36
20 Layoff & Recall 37
21 Job Posting & Bidding 39
22 Recruitment & Selection 41
23 Holidays 44
24 Vacation 45
25 Wages 47
26 Safety & Health 49
27 General Provisions 50
28 Savings Clause 53
29 Dues Deductions 54
30 Pension 55
31 Probationary Period 56
32 Longevity Benefits 57
33 Bonus Increase 58
34 City Manager Incentive Program 59
35 Bonus Days 60
36 Management's Rights 61
37 Duration 63
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ARTICLE 1 - PREAMBLE
Section 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 National Conference
of Firemen and Oilers, SEIU AFL-CIO, Local 1227, 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.
Section 2. The Parties agree that nothing in this agreement shall prohibit the parties
from meeting and discussing any items of mutual interest in accordance with the law.
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ARTICLE 2 - RECOGNITION
Section 1. The City of Boynton Beach hereby recognizes the National Conference of
Firemen and Oilers, SEIU, Local 1227 as exclusive representatives for the purpose of
bargaining collectively with the City relative to wages benefits and other conditions of
employment for all employees in the bargaining unit.
Section 2.
Section 3. Section 2. The Union and management will prepare a listing of new
job titles to be included into a unit clarification petition to the PERC in order to include
all appropriate bargaining unit members who received a position title change through
implementation of the City pay plan.
Section 3. Within thirty days of ratification, a committee shall be formed, which shall
include three representatives from the union and three representatives from management.
The purpose of the committee shall be to address concerns relative to the job descriptions,
duties, wage ranges, classifications, etc,. which employees may bring forth to the
committee. The role of this committee will cease six (6) months following ratification of
this agreement. Nothing herein shall limit either the Union or the City bom seeking unit
clarification by petition to PERC.
Section 4. The bargaining unit shall be as approved by PERC. Nothing herein shall
prevent either party, or both jointly, from petitioning PERC for unit clarification.
Section 5. The bargaining unit is as set forth in PERC Certification #
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ARTICLE 3 - RIGHTS OF EMPLOYEES
Section 1. The employees in the bargaining unit shall have the right to join or assist
the Union or to refrain from any such activity.
Section 2. All provisions of this Agreement shall be applied fairly and equitably to all
employees in the Bargaining Unit.
Section 3. Employees may request a Union representative to be present when they
believe a meeting with a supervisor may lead to discussions which could form the basis of
disciplinary action.
Section 4. Employees shall have the right to be supphed with a copy of this
Agreement at the time of their initial orientation.
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ARTICLE 4 - STRIKES
Section 1. The National Conference of Firemen and Oilers, SEIU, AFL-CIO, Local
1227, 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.
Section 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 12
hours after commencement of such strike, what legitimate measures it has taken to
comply with the provisions of this Article.
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ARTICLE 5 - NON-DISCRIMINATION
Section 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 affirm
their joint opposition to any discriminatory practices to the extent prohibited by law in
connection with employment.
Section 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.
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ARTICLE 6 - REPRESENTATION OF THE CITY
Section 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. All collective bargaining
agreements shall be approved in the manner provided by Chapter 447, Florida Statutes.
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ARTICLE 7 - UNION REPRESENTATION
Section 1. The Union, as representatives of the employees in the bargaining unit
covered by the Agreement, shall have thc tight to present its views to Management on
matters of concern either orally or in writing. The "presentation of views" shall not be
construed to mean that the City shall bc obligated to hold a formal heating on any matter
put forth by the Union.
Section 2. The Employer agrees to recognize the officers, and stewards designated by
the Union as agents of the Union. The Union shall famish written notice to the City
Manager's office of the designated Union officers or stewards prior to their appointments
becoming effective. The Employer recognizes the tight of the Union to designate seven
(7) stewards and one chief steward from among the regular permanent employees in the
specified divisions.
Section 3. Non-employee officials of the Union, shall, with proper notification, be
admitted to the property of the employer for purposes of administering the Agreement.
Union officials as designated above shall only be able to meet with employees in non-
work areas (i.e., break areas) and during non-work time.
Section 4. The City Manager will grant Union leave without pay for up to two
officers or stewards' of the Union for up to a total of twenty (20) days per year in order
that they may attend conferences, seminars and/or similar events or other union activities
related to their representative function provided the leave does not adversely effect the
on-going day to day operations in the any department. Additional time may be used from
Union time pool with same approval requirements.
Section 5. The eight (8) stewards as designated herein may be released with pay at
the sole discretion of the supervisor/department head or their designee, whose approval
shall not be um'easonably withheld, for the purposes of attending grievances, consultation
with management to settle issues prior to filling grievances, predetermination
hearings/meetings or when reqUested by an employee to have union representation when
being questioned by management.
Stewards may use up to a cumulative tOtal of 200 hours pay per year for collective
bargaining, and arbitration preparation. The hours shall be divided into 100 hours for the
chief steward and 100 hours for all other stewards. Hours may be transferred from
steward to steward, provided the total for all stewards does not exceed 200 hours. If the
total hours used exceeds 200, then stewards may be released without pay, and only at the
discretion of the department head (or designee), whose approval shall not be
unreasonably withheld when releasing such employee does not adversely effect the on-
going day to day operations in any department. For purposes of this Article, a supervisor
who must deny a steward's request for time allowed for purposes outlined herein shall
notify the steward in writing, within two days, of the reasons for the denial and when the
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steward can reasonably expect to be granted the time to carry out the purpose of his
request.
Section 6. The membership of the bargaining unit shall be represented by the
President of the Union or by a person or persons designated in writing to the City
Manager. The President of the Union, or the person or persons designated shall have full
authority to conclude a Collective Bargaining Agreement on behalf of the Union subject
to a majority vote of those members of the Bargaining Unit voting on the question of
ratification. It is understood that the Union representative or representatives are the
official representative 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.
Section 7. There shall be created a Union Time Pool. Each employee member shall
be allowed to voluntarily contribute annual leave for Union business. Contribution shall
be made once per year in October. Additional contributions may be allowed by
management. This time may be used for Union business, including negotiations, upon
request by the Union steward. A written request for the Union time pool shall be
submitted to the department head or the designee in advance of the requested time off for
attending conferences, seminars, and union negotiations.
Stewards shall maintain a Union business "time out" slip which shall be processed to
show their accumulated hours used against he hours per year granted. The form for this
purpose shall be attached hereto as Appendix "A" to this agreement.
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ARTICLE 8 - BULLETIN BOARDS
Section 1. The Union shall be provided space on bulletin boards at each location so
designated by the Employer in the areas where unit employees normally are assigned to
work, for use by the National Conference of Firemen and Oilers, SEIU, Local No. 1227.
These bulletin boards shall be used for posting Union notices, signed by a Union officer
but restricted to the following:
B.
C.
D.
E.
Notices of Union recreational and social affairs;
Notices of Union elections and results of elections;
Notices of Union appointments and other official Union business;
Notices of Union meetings.
Union Newsletter, OnTrack (may be unsigned)
Section 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.
Section 3.
office.
The Union shall not post endorsements for candidates who are running for
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ARTICLE 9 - DISCIPLINE
PURPOSE
1. The City is committed to recruit, train, and retain qualified employees who will
contribute to the City's mission.
2. The success of the City government in providing quality and efficient public
service directly correlates with appropriate employee conduct and performance.
Employee behavior that is positive and supportive of the goals of effective municipal
management is fully encouraged.
3. When an employee's conduct or performance is inconsistent with the needs and
goals of the City, disciplinary actions up to and including dismissal can occur.
Progressive discipline is suggested when circumstances support its use. In proper cases,
dismissal may immediately occur.
4. No employee shall be discipline~d or discharged without just cause.
POLICY
1. Counseling and written reprimands should be utilized as an element to motivate
employees to choose behavior conducive to an individuals growth, development and most
importantly to insure the successful operation of the City and its services. However, in
certain circumstances punitive discipline actions will be necessary. There is no "fixed
formula" for discipline, management reserves the right and prerogative to make
disciplinary decisions based on repeated occurrences of varying incidents, past
performance or severity of the incident.
2. Although progressive disciplinary actions are encouraged when circumstances
support such use, the severity of misconduct and the circumstances shall' detemfine the
nature of the discipline.
3. A number of factors should be considered in determining the appropriate level of
discipline to be taken at each successive step. Such factors may include time intervals
between offenses, effectiveness of prior disciplinary actions, insubordination, employee
willingness to improve, overall work performance and teamwork.
4. Certain misconduct is so contrary to the public interest that dismissal shall be the
only appropriate measure.
5. The level of misconduct may differ in individual cases from apparently similar
incidents. The City retains the right to treat each occurrence on an individual basis
without creating a precedent for situations which may arise in the future. This case-by-
case method is designed to take individual circumstances and/or mitigating factors into
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account. These provisions are not to be construed as a limitation upon the rights of the
City, but are to be used as a guide.
6. The failure of immediate supervisors to document and/or take disciplinary actions
for misconduct, or the failure to follow the completed disciplinary documents to
Personnel, shall serve as grounds for disciplinary action.
EXAMPLES OF MISCONDUCT
The following types of infractions, offenses or misconduct shall represent employee
noncompliance with rules, regulations, policies, practices or procedures of the City or the
Department or employee wrongs or offenses which violate permissible behaviors or are
specifically prohibited by law. The following are examples of violations which shall
result in discipline and the progressive discipline actions which may accompany the
violations.
MISCONDUCT
Conduct unbecoming of a City employee. ConduCt unbecoming a City employee
means: Employee behavior or actions on the part of the employee which hinder or
jeopardize the successful operation of the City, undermine teamwork and
cooperation among City employees, or undermine the public confidence in the
City or its employees.
o
Violations or disregard of City Safety Policy & Procedures, including:
a. Careless use of vehicles or equipment
b. Failure to use all safety restraints when riding in or operating a City vehicle
c. Failure to wear and or use prescribed uniforms or equipment
o
Abuse of Personnel Policies, including but not limited to:
a. Abuse of sick leave privileges, sick leave policy or excessive absenteeism
b. Failure to notify Department and or Human Resources of current address and
telephone number within 10 calendar days of change
c. Failure to report any outside employment
Abuse of departmental procedures and work rules including:
a. Failure to provide name and official title to any person requesting same when
performing work related duties
b. Habitual extension of lunch period or break period
c. Habitually late for work without valid reason
d. Smoking in prohibited areas
e. Unauthorized solicitation, posting of material or non-productive behavior
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o
Documented failure of a supervisor to perform duties required of supervisory
employees including recommending and/or taking disciplinary actions when
necessary.
NOTE: This chart outlines the usual progression options for repeated occurrences of
misconduct. If serious misconduct or extreme misconduct has occurred previously, there
will be faster progressive action.
OFFENSE TYPE 1 ST 2ND 3RD
OCCURRENCE OCCURRENCE OCCURRENCE
Misconduct Counseling Written Reprimand Suspension Without
Pay or Dismissal
SERIOUS MISCONDUCT
o
Violation or disregard of City Safety Policy & Procedures, including:
a. Continued misuse of equipment or negligence resulting in injury to self others
or damage to City equipment or property
b. Horseplay potentially hazardous to life or property
c. Unauthorized use or unsafe operation of City property, equipment or vehicles
Abuse of Personnel Policies, including:
a. Threatening a co-worker or supervisor
b. Use of abusive language to or about an employee, co-worker, supervisor or the
public
c. Insubordination, meaning the failure to recognize or accept authority of a
supervisor
Abuse of departmental procedures and work rules, including:
a. Sleeping on the job
b. Absent without calling in to department within one hour of shif~ start time
c. Disrupting or hindering departmental operations
d. Failure to work required overtime assignments, special hours, special shifts or
unavailability during stand-by status
e. Outside employment which conflicts, interfered or otherwise hampers the
performance of the employee in their City job
Inefficiency or Incompetence
The inefficiency or incompetence in the performance of assigned duties may result
in demotion or disciplinary action up to and including termination. Examples of
poor performance shall include failure to provide responsive, courteous, high
quality customer service or repeated failure to support team goals, and contribute
to team success.
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Employees who receive an OVERALL "Partially Meets Standards" or "Does Not Meet
Standards" performance evaluation (rating of 1 or 2) shall be given follow-up evaluation
within 60 days of the "Does not Meet Standards: or :Partially meets Standards" initial
evaluation. More than one overall rating of "Below Standards" may subject the employee
to demotion or disciplinary action up to and including termination. It is the responsibility
of every employee to perform at a minimum level of "Meets Standards" {as outlined in
the Incentive Pay System Policy}.
The following chart outlines the progressive discipline options for three occurrences of
serious misconduct. If misconduct or serious misconduct has occurred previously, there
will be faster progressive discipline.
OFFENSE TYPE 1 ST 2ND 3RD
OCCURRENCE OCCURRENCE OCCURRENCE
Serious Misconduct Written Reprimand Suspension Without Dismissal
or Suspension Pay or Dismissal
Without Pa},
EXTREME MISCONDUCT
Violations or disregard of City Safety Policy & Procedures, including
a. Failure to report an on-the-job injury or accident within 24-hours to the
immediate supervisor
b. Failure to .report an employees' on-the-job injury to Risk Management within
24 hours and/or completion of necessary documentation
c. Fighting on the job or engaging in any intentional act which may inflict bodily
harm on anyone
d. Operating a City vehicle or equipment without a required and valid driver's
license
e. Failure to report the revocation or suspension of a driver's license when
employment involves driving
Abuse of Personnel Policies, including, but not limited to:
a. Possession of a firearm or concealed weapon on City property or while
performing official duties without written permission from the Department
Director (excluding law enforcement officers)
b. Gambling during work hours
c. Refusal to sign a disciplinary form
d. Suspension or revocation of any required job related license or certifications.
Abuse of departmental procedures and work rules, including:
a. Unauthorized personal use of City equipment or funds
b. Conducting personal and/or private business on City time; improper use of City
time for such activity
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c. Falsifying attendance records
d. Other department rules as communicated by director or supervisor
Illegal, unethical or improper acts, including:
a. Theft or removal of City property without authorization
b. Falsifying employment application or concealing information during pre-
employment screening or processing
c. Soliciting or accepting an unauthorized lee'or gift or failure to comply with
Chapter 112, Florida Statute
d. Giving false information or failure or refusal to fully cooperate or provide full
truthful information in City initiated investigations
e. Possession, use or sale of illegal drugs, alcohol or prescription medication that
alters the employee's performance on the job or any confirmed positive drug test
f. Possession or use of alcohol while on duty; or reporting to work under the
influence of alcohol
g. Refusal to participate, if offered, in a drug/alcohol rehabilitation program
h. Refusal to submit to a City required drag or alcohol test
i. Falsifying or attempting to falsify a City ordered drag test
j. Violating the City's Sexual Harassment policy through interaction with another
employee or a member of the public
k. Conviction of a felony (Including non-work related)
The following chart outlines the progressive discipline options for two incidents of
extreme misconduct. If misconduct or serious misconduct has occurred previously, there
will be faster progressive action.
OFFENSE TYPE 1 ST 2ND
OCCURRENCE OCCURRENCE
Extreme or Suspension Without Dismissal
Unlawful Pay or Dismissal
Misconduct
Note: The progressive discipline steps outlined above refer to the discipline options the
City may take. If such discipline is appealed to arbitration, the arbitrator is not bound in
any manner by such options and is free to independently determine the appropriate level
of discipline if the employee is found to have committed the offense.
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PROCEDURE FOR DISCIPLINARY ACTION
1. When an immediate supervisor becomes aware of conclusive evidence of the need
for the employee discipline, he/she becomes responsible and shall investigate the
circumstances of the misconduct or lack of performance, prior to deciding upon the type
of disciplinary action to be recommended or taken. Documentation of the discipline
investigation or of the conduct shall be required on the part of the immediate supervisor
in order to establish appropriate records. Human Resources will be available to assist in
such investigations. In cases where investigations of a more substantial nature are
required, the following types of administrative review shall be administered.
A. Administrative Review: Investigations of non-criminal violations conducted
in the absence of immediate or conclusive evidence involving any City employee, with
the exception of Police department employees. These investigations shall be conducted
by the Department Director and Human Resources, who shall obtain all sufficient
information, including documentation and/or sworn statements, in order to determine the
necessity or level of disciplinary action. Human Resources shall assume responsibility for
acquiring any necessary sworn statements. Administrative investigations shall be
conducted expeditiously.
B. Criminal Investigations: Investigations conducted when criminal violations
are reportedly committed by an employee of the City. The Police Department, in
collaboration with the Department Director of the involved employee shall conduct these
investigations.
1. In instances where an investigation of serious, unlawful or other extreme
misconduct is necessary, administrative and/or criminal investigations shall be conducted
prior to the effective date of final disciplinary action.
2. The immediate supervisor may initiate a three-day suspension or less suspension
with pay to afford a supervisor the opportunity to investigate an alleged incident or
misconduct in the absence of the employee. Suspensions of more than three days with
pay require the approval of the Human Resources Director. This practice may also be
used in the event that alleged misconduct is severe but unproved. The immediate
supervisor shall immediately notify the Department Director and Human Resources after
the suspension is issued, so that the matter can be investigated.
3. A recommendation for disciplinary action may result from the findings of an
investigation. If disciplinary measures are not recommended after the investigation, the
suspension with pay period shall not be counted as disciplinary in nature. A document
confirming a favorable determination as to the matter should be made part of the
employee's record.
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TYPES OF DISCIPLINARY ACTION
A. COUNSELING - Consists of the immediate supervisor warning the employee to
correct or improve performance, work habits or behavior, and counseling the employee
on improvements expected. Counseling serves as a warning against further repetition of
employee behavior. Future violations will result in discipline up to and including
termination.
The immediate supervisor should complete a Counseling Memorandum. The employee
shall be required to sign the form signifying that he/she has read and discussed the
contents with the supervisor.
The Counseling Memorandum shall be forwarded to Human Resources for retention in
the employee's records, with a copy provided to the employee. The supervisor may
request that the employee complete a written action plan to correct the behavior.
Employees may submit comments for inclusion in the record.
B. WRITTEN REPRIMAND - Consists of an immediate supervisor issuing a
written notice of reprimand to improve performance, work habits or behavior. A written
reprimand should include a complete description of the incident(s) of misconduct,
inappropriate behavior, work habits or performance which require improvements;
previous records of discussion; a time frame within which the employee must correct or
improve his/her behavior; and a warning that future violations will result in further
disciplinary actions up to and including termination.
Written reprimands shall be signed by the employee to acknowledge receipt and
forwarded to Human Resources for retention in the employee's records, with a copy
provided to the employee. Employees may submit comments for inclusion in the record.
The employee may be required to complete a written plan for correction of the behavior.
When the written reprimand contains a time frame for employee improvements, a follow-
up discussion at the end of the designated time period should be conducted. The follow-
up discussion will provide a specific opportunity to review the employee's improvements
relative to the discipline. Written reprimands should be reflected on the employee's
performance appraisal along with any noted improvements.
C. SUSPENSION WITHOUT PAY - Consists of an employee being prohibited
fi.om returning to work tmtil the specified period of suspension has passed or the
forfeiture of vacation time, if agreed to by the employee.
Suspensions without pay shall be used when an employee is removed from the job due to
extreme misconduct or unlawful behavior, or when instances of progressive discipline
supports a suspension without pay for a specified period of time. Any time an employee
is suspended for discipline the suspension shall be without pay.
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1. With the written authorization of the Department Director and Human Resources,
immediate supervisors have the authority to issue a suspension without pay for three (3)
working days or less.
2. Suspensions without pay beyond three working days require prior concurrence by
Human Resources, review by the City Attorney's Office and authorization by the City
Manager's Office.
3. Employees being suspended without pay shall be notified in writing by the
immediate supervisor. The written notification shall consist of the reason for the action
and the duration of the suspension without pay. It shall also include a statement that
future violations will result in further disciplinary actions up to and including termination.
4. Employees may submit comments for inclusion in the record. Written notification
of a suspension shall be signed by the suspended employee acknowledging receipt of the
written notification, and forwarded to Human Resources for inclusion in the employee's
record, with a copy provided to the employee, the Department Director, and one to the
Finance Department for payroll purposes.
D. DEMOTIONS - In the context of this policy demotion consists of an employee
being involuntarily removed from a higher level classification to a lower level
classification, with ~a resulting decrease in salary. Although not limited to such instances,
demotions may occur in some cases because of the inability to fulfill the duties of the
higher level job in a satisfactory manner; or a failure to comply with employment
conditions such as licensure or certification. In addition, probationary employees shall be
subject to demotion without the City being required to state a reason. The probationary
employees shall not have access to any appeal process with regard to the demotion.
Immediate supervisors should discuss the potential demotion of an employee with their
chain of command and the Human Resources Department prior to a written
recommendation for demotion. The Department Director shall then submit the written
recommendation to the City Manager through Human Resources. Demotions require
concurrence from Human Resources, review by the City Attorney's Office and
authorization from the City Manager prior to being effected.
Written notification of demotions shall be provided to the employee by the department
Director. Such notices shall include the final decision, the reason(s) for the decision, the
employee's new classification title, the new pay range and pay rate, and the effective date
of the demotion. Written notifications shall also include that future violations will result
in further disciplinary actions up to and including termination if the demotion was a result
of misconduct.
All documentation of a demotion shall be retained in the employee's file in the Human
Resources Department. A copy of the written notification of demotion shall be forwarded
to the Finance department for payroll purposes.
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Employees may request a demotion to a lower level classification voluntarily. Such
demotion shall not be punitive. Employees may submit comments for inclusion in the
record. Written notification of a demotion shall be signed by the employee
acknowledging receipt of the written notification and forwarded to Human Resources for
inclusion in the employee's record.
E. DISMISSAL o Dismissal is a result of an employee's involuntary termination that
severs the employment relationship. At such time all employee benefits cease, except as
otherwise provided by law.
Immediate supervisors shall supply through documentation and discuss recommendations
for an employee's dismissal with their chain of command and Human Resources. Upon
receiving a written recommendation from the supervisor, the Department Director shall
submit the documentation to Human Resources. Dismissals shall be effected only with
the concurrence of Human Resources, review by the City Attorney's Office and
authorization by the City Manager.
A written notice of recommended termination shall be given to the employee in person.
However, after two unsuccessful attempts to deliver the notification, then the notice shall;
be sent via US mail to the most recent address on record in the personnel file. The
recommendation shall include the following information:
1. The underlying reasons for the recommended termination
2. Documentation upon which the Department Director relied in formulating
said recommendation
3. An explanation of his/her rights to request a predetermination heating
prior to termination taking effect and the facts that the decision to
discipline of the City Manager shall be final subject to grievance and
arbitration as provided for in Article 10 of this Agreement.
The dismissal recommendation and the City Manager's final decision shall be placed in
the employee's personnel file, and a copy shall be forwarded to the employee and his/her
Department Director. Employees may submit comments for inclusion in their personnel
file.
Probationary employees who have not successfully completed the established
probationary period shall be subject to dismissal without cause, after review by Human
Resources.
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RIGHT TO PRE-DETERMINATION HEARING
Prior to the effective date of any suspension without pay of three (3) days or more, or a
termination, the City shall conduct a predetermination heating. The Human Resources
Director and the City Manager's designee shall conduct the predetermination heating.
The employee shall be provided with reasonable notice of the predetermination hearing
date and of the charges which are the grounds for the disciplinary action. The employee
may be accompanied and assisted at the predetermination heating by a representative of
his choice. The employee shall be afforded the opportunity to present information in
defense or mitigation to the charges brought against the employee. Following the
predetermination hearing, and any further investigation into issues raised by the employee
in defense or mitigation of the charges, the Human Resources Director and the City
Manager's designee shall sustain, reverse, or modify the disciplinary action and give the
employee written notice of their action and at the same time establish the suspension or
termination date(s) if appropriate.
EMPLOYEE APPEALS - GRIEVANCES
Probationary employees shall not have the right to appeal or grieve any type of
disciplinary action.
Regular employees shall have just cause appeal and grievance rights as outlined in
Article 10 of this Agreement.
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ARTICLE 10 - GRIEVANCE PROCEDURES
Section 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 have failed. The term "day" shall mean, calendar day, Monday
through Friday, exclusive of holidays recognized by this Agreement.
Section 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 directives 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 this Agreement.
Section 3. All grievance statements of appeal and answer must be in writing.
Grievances not appealed to the next higher step within the prescribed time limits will be
considered settled on the basis of the last answer by management. Failure by
management to observe time limits for any step of the grievance procedure shall entitle to
the employee to advance the grievance to the next step. Grievance time limits may be
extended by mutual written agreement of the Union and the City.
Section 4. Grievance and Appeal Procedure Steps
A. An employee who receives a verbal and written warning may place a written
refutation into his/her personnel file to dispute the verbal warning or warning notice.
Should the employee not sustain an additional verbal or written warning for the same
offense within twenty-four (24) months of the initial warning, the initial verbal or written
warning shall not thereafter be considered for progressive discipline.
B. Discipline, which is more severe than a written or verbal warning, but less severe
than a four-day suspension shall be appealed through the expedited grievance and
arbitration process, or by appeal to the Human Resources Director, at the employees'
option. If appealed to the Human Resource Director, decisions of the Human Resource
Director are final and binding Unless the City and the Union agree within five (5) days to
appoint a hearing officer, a hearing officer shall be appointed fi:om a roster of mediators
employed by Mediation, Inc. The hearing officer shall be appointed with the
understanding that hearing on the matter appealed will be heard within thirty (30) days
following appointment. Request for appointment of a hearing officer shall be made by
the City to the Office Administrator of Mediation, Inc. Neither party shall participate in
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the selection of the hearing officer, but both the City and the Union shall be entitled to
strike (one strike each) the appointment of the hearing officer for good cause. Witnesses
shall be limited to four for either party. Court reporters and/or written briefs shall not be
utilized by either party. The arbitrator shall make a final and binding ruling immediately
following the hearing without explanation or the setting of precedent. The initial steps of
the grievance procedure shall apply to the expedited arbitration process.
C. Discipline that is more severe than a three-day suspension shall be appealed
through the existing grievance and arbitration process outlined below.
Section 5. GRIEVANCE AND APPEAL PROCEDURE STEPS:
Step 1.
Within five (5) days of the incident or the time which the employee should have had
knowledge of the incident, the employee may initiate a written grievance with his/her
immediate supervisor during normal work hours. He/she may have the Union steward
present the grievance to the supervisor if he/she desires. The discussion will include a
description of the action requested and the basis for the request. Within five (5) days, the
immediate supervisor shall respond to the employee with his/her decision in writing.
The written grievance should state the following:
A. A statement of the grievance and the facts upon which it is based
B. The Articles and Sections of this Agreement alleged to have been violated.
C. The action, remedy, or adjustment requested.
D. The signature of the aggrieved employee or union representative, and date
Failure to specifically state any of the four (4) above items allows the City to request the
information prior to further processing.
Step 2.
If the complaint has not been resolved in Step 1, within five (5) days the employee may
appeal to Step 2 to the Division Director. Within five (5) days of receipt of the grievance,
the Division Director will contact the aggrieved employee and schedule a meeting at the
Division Director's earliest convenience. The Division Director shall respond in writing
within five (5) days of the meeting.
Step 3.
If the complaint is not resolved in Step 2, the employee may, within five (5) days of Step
2 decision, appeal to Step 3 to the Department Director. Within five (5) days of receipt of
the grievance, the Department Director or his/her designee will contact the aggrieved
employee and schedule a meeting at the Department Director's earliest convenience. The
Department Director or his/her designee shall respond in writing to the employee within
five (5) days of the meeting.
Step 4.
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In the event the employee is not satisfied with the disposition of the grievance by the
Department Director, the employee shall have to the right to appeal the decision to the
City Manager within seven (7) days of the date of issuance of the Department Director's
decision. The City Manager or his/her designee may schedule a meeting to discuss the
grievance. The City Manager or his/her designee shall render a decision in writing within
ten (10) days of the appeal or the meeting.
Step 5.
If the employee is not satisfied with the disposition of the grievance by the City Manager,
and within ten (10) days of such decision, the dispute may be referred by either party to
an impartial arbitrator to be appointed by mutual agreement of the parties. In case the
City and the Union are unable to agree upon an impartial arbitrator within fifteen (15)
days after the conclusion of Step 4, then on application of either party a petition may be
made to the Federal Mediation and Conciliation Service in Washington, DC to supply the
parties with a panel of arbitrators. The parties will select an arbitrator from a panel by
alternatively striking names from the panel. The remaining arbitrator shall be designated,
to whom the grievance shall be submitted.
Section 5. The arbitrator shall have jurisdiction and the authority to apply and
interpret the provisions of this Agreement. He/she shall not have jurisdiction to alter or
change in any way the provisions of this Agreement and shall confine his or her 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 employees covered by the Agreement unless the
award is contrary to existing law or public policy is clearly erroneous as determined by a
reviewing Court.
Section 6.
apply.
The hearing shall be informal and the strict rules of evidence shall not
Section 7. The arbitrator's fee and expenses shall be divided equally by the parties.
Section 8. Either party to this Agreement desiring transcripts of the arbitration
hearings shall be responsible for the cost of such transcripts.
Section 9. Witnesses and grievants who appear for either side shall suffer no loss in
pay or benefits for the time spent testifying as a witness.
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ARTICLE 11 - BASIC WORK WEEK AND OVERTIME
Section 1. The basic workweek 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.
Section 2. All authorized and approved work performed in excess of forty (40) hours
in any one work week shall be considered as overtime and shall be paid at the overtime
rate of one and one-half times the employee's straight time rate of pay. Employees who
regularly work a ten- (10) hour day shall receive overtime for hours worked actually in
excess of forty (40) hours.
Section 3. The working conditions of employees covered by this Agreement, which
may differ from department to department, shall remain status quo for the term of this
Agreement.
Section 4. For purposes of overtime computation, vacations and the employees' use
of sick leave shall be considered as time worked. Funeral leave, holidays, jury duty,
annual military leave, and other absences from duty on active pay status shall not be
considered as time worked for purposes of overtime computation.
Section 5. Employees shall be required only upon written memo by their supervisor
to perform work in a higher classification. Employees who work in a higher
classification for twenty (20) continuous work days, shall receive a 5% increase in pay or
the minimum of the higher classification, whichever is greater retroactive to the first day
of the assignment, until returned to their regular classification.
Employees shall be required °nly upon written memo from their supervisor to perform
work in a higher classification for training purposes. In this connection, they shall
perform that work without a 5% increase in pay during the first twenty (20) days of
continuous work in such higher classification. Should such training in the higher
classification continue beyond twenty (20) continuous work days, the employee shall
receive a 5% increase in pay or the minimum of the higher classification, whichever is
greater, retroactive to the first day of the assignment, until returned to their regular
classification.
Compensation for employees assigned to train another employee shall remain status quo
in each department.
Section 6. Transfers. Employees may request a lateral transfer to any open position
for which they qualify. Management shall make every effort to place the employee
requesting the transfer prior to filling the position, however this provision shall not
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restrict management's right to select the most qualified individual to fill the position. If
the reason for the transfer is due to conflicts with supervisors or co-workers, the transfer
shall follow only after mediation through the Human Resource Department.
When an employee transfers to a lower position, the employee shall suffer no loss of pay
unless the employees' current hourly rate exceeds the maximum of the new, lower salary
scale. In this connection the employees' hourly rate shall be reduced only to the
maximum rate of the lower scale.
Section 7. OVERTIME. Overtime shall first be offered on a rotating basis in order of
seniority within each classification. The parties agree that when employees are asked to
work overtime and management contracts the appropriate employees from the seniority
list, the second employee contacted must accept the overtime assignment unless the
employee has a hardship or the employee and supervisor mutually agree to continue down
the seniority list of employees.
In the event an employee is required to work overtime, he/she shall not have his regular
shift hours changed nor shall he/she be placed in a non-paid status in order to preclude the
payment of overtime.
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.
Section 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 31st.
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 to work on each
shift so that a balance of experience may be achieved for each shift. Employees shall
have an oppommity to give input on the development of their shifts
Section 9. The City shall pay $500.00 for each non-job required certificate or license
subject to department heard approval. The City shall also pay the actual certificate or
license fee. Department head approval or denial is not subject to the grievance and
arbitration process. This provision shall not operate to reduce certification incentive pay
policies currently being implemented by departments. Bargaining Unit Members who
currently participate in departmental certification pay programs are not entitled to
participate in the $500.00 program set forth herein.
Section 10. Standby/Call-out-Beeper Pay. Compensation for stand-by, call-out
and beeper pay shall remain status quo in each department.
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Section 11. Automobile Allowance. Employees who are employed in the Building
and Occupational License Department, and who are regularly required to use their
personal vehicle for City business shall receive a $425.00 monthly car allowance.
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ARTICLE 12 - COMPENSATORY TIME
Section 1. The Fair Labor Standards Act (FLSA) provides that any employee of a
public agency who has accrued compensatory time and requested use of this time, shall be
permitted to use such time within a "reasonable period" after making the request, if such
use does not "unduly disrupt" the operations of the agency. The use of compensatory
time must be pursuant to some form of agreement or understanding between the employer
and the employee in conjunction with the appropriate record keeping documentation.
In compliance with the FLSA, the City will apply the following schedule for members of
this bargaining unit:
Compensatory time will be accrued at time and one-half. Accumulation and use of
compensatory time must have the prior approval of the employee's supervisor.
Section 2. It is solely the employee's choice as to whether he/she wishes to be paid for
their overtime at one and one-half times their regular hourly rate of pay or take
compensatory time. The City will not encourage employees to take one form of
compensation over the other.
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ARTICLE 13 - SICK LEAVE
Section 1. An Employee shall notify his/her immediate supervisor of his/her illness
within one (1) hour after his/her normal workday begins. This procedure shall be
followed for each day the employee is unable to work unless the employee can provide
information to the supervisor of the expected length of his/her illness and the time the
employee will be absent.
Section 2. Sick leave will be granted upon approval of the department director for the
following reasons:
A. Employee's health.
B. For the illness of employee's parent, spouse, or child, not to exceed 5 days per year.
C. Medical, dental, or optical treatment which must be determined in writing by a
physician and must be performed during working hours.
D Quarantine due to exposure to contagious disease.
E.. In connection with Workers' Compensation to supplement Worker's Compensation
payments, per status quo.
Sick leave pay may be paid (in cash) to an employee for extraordinary circumstances
of hardship and may be granted if the employee has the amount of sick leave credited
to his/her sick leave account. The sick leave cash out may not exceed eighty (80)
hours and the employee must retain a minimum of 120 sick hours on the books.
Denial of sick leave pay will be made in writing stating the reasons for the denial.
Section 3. No employee shall be entitled to sick leave in the excess of the amount of
such leave accumulated to his/her credit. Employees may accumulate unlimited sick
leave.
Section 4.
leave.
An employee making a departmental transfer will -retain any unused sick
Section 5. For all employees employed as of September 30, 1991, employees (or their
beneficiaries in the case of death) that have completed their probationary period and are
regular employees will have payment made for unused sick leave at the rate of one half
(1/2) of the total number of hours accumulated, not taken, upon termination in good
standing, or retirement or death. Employees hired after October 1, 1991, that have
attained permanent status and are regular employees will have payment-made for unused
sick leave at the rate specified in the table below, upon termination in good standing,
retirement or death.
Continuous Years of Service
Percentage of Accumulated Sick Leave
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Less than 5 full years
More than 5 full years, but less than 10 full years
More than 10 full years, but less than 15 full years
More than 15 full years, but less than 20 full years
Upon retirement from City Service
O%
10%
15%
2O%
30%
(Retirement shall include normal retirement, disability retirement, or early retirement as
defined in the appropriate Pension Plan).
Section 6. Unused sick leave may be accrued on an unlimited based on the currently
scheduled workweek of forty (40) hours.
A. Sharing Sick Leave
(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, and
when the employee has exhausted all accrued sick leave and vacation leave down
to forty (40) hours.
(2) Extraordinary circumstances shall be defined as lengthy hospitalization,
critical illness or injury.
(3) When there appears to be a need to share sick leave, bargaining trait
members who are willing to contribute sick leave hours, must confirm through the
Finance Department that the hours are available, and shall submit a Personnel
Action form to the Human Resources Department for proper charge to their sick
leave records.
Section 7. No member shall be placed on restricted sick leave unless that employee
has had a counseling session with his/her Director or Department Head. During that
counseling session, the employee will be informed of the reasons being considered for
restricted sick leave. At that time, the employee will be given an oppommity to explain
the sick leave taken, however, the Department Director shall have the sole discretion to
place the employee on restricted sick leave. When an employee is placed on restricted
sick leave, the employee will be notified in writing of that fact. An employee placed on
restricted sick leave shall be re-evaluated in three months. If no violation is noted the
employee shall be removed fi.om restricted sick leave status. If not re-evaluated within
five (5) working days after'the three (3) month period, the employee will be automatically
removed from restricted sick leave. The employee shall receive a letter from the
Department Director stating that he/she is being removed him/her from restricted sick
leave.
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Section9. WORKERS COMPENSATION Whenever an employee is totally
disabled from duty for a period of no more than seven (7) calendar days because of an
injury determined to be compensated under the provisions of the Worker's Compensation
Act, he/she shall be entitled to full regular pay.
If the period of disability is greater than 7 calendar days, the employee shall receive a stun
of money up to an amount equal to the difference between his/her worker's
compensation check and his/her normal net pay. In no case will the salary supplement be
extended beyond three (3) months from the date of injury.
At the end of the three months, or sooner, the City Manager, Department Head, and
Human Resources Director (or their designee's) will review the case for a determination
of pay status. If continuation of the salary supplement is granted, it can be at any rate
determined equitable by the reviewing committee, but not to exceed an amount equal to
the net take home pay. In no case will the salary supplement be extended beyond six (6)
months from the date of injury.
After six (6) months from date of injury, the injured employee may elect to receive
accrued sick leave and after exhausted, vacation leave, in accordance with his/her regular
hourly wage, to the extent that his/her combined sick leave or vacation leave, City
supplement, (if less than the full amount authorized) and worker'sworkers' compensation
benefits equal his/her regular weekly net take home salary. The employee must contact
the payroll clerk to qualify for the combined check.
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.
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.
If an employee who is receiving Worker's workers' compensation payment along with
City supplement, sick or vacation leave, is found to be working or receiving
compensation for his/her services elsewhere, during this period, he/she will be obligated
to reimburse the City for all medical expenses and supplement, sick or vacation pay taken
and shall be subject to dismissal.
Section 10. LIGHT DUTY - Employees may return to work with a Light Duty
Certificate and/or letter from their physician provided there is work available within the
Department that would comply with the Doctor's requirements. If there is no such work
available the employee will remain on sick leave status until he/she has a full release to
return to work from his/her doctor.
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ARTICLE 14 - FUNERAL LEAVE
Section 1. Bargaining unit employees shall be granted time off with pay to arrange
for and/or attend fimeral services in the event of death(s) in the immediate family as
defined in Section 2 of this Article. proof of death will be required. Such time off will
not exceed five (5) working days for an out of state and three (3) consecutive working
days for an in state. At the employee's option, five (5) working days out of state funeral
leave may be taken in two (2) segments of not less than two (2) days each, provided that
all five (5) days are taken within a sixty (60) day period, and documentation establishing
out of state travel related to the death is provided to the Human Resources Director.
Section 2. For purposes of this Article, the employee's immediate family is defined
as a non-probationary employee's husband, wife, son, daughter, grand-child, son-in-law,
daughter-in-law, father, mother, father-in-law, mother-in-law, brother, sister,
grandparents, foster parents, foster child, step-mother, or step-father or step-child. The
City Manager may grant funeral leave beyond these categories when extenuating
circumstances exist.
Section 3. Funeral leave shall not be charged to vacation, compensatory time, or sick
leave and shall not be used to trigger an overtime payment in any work period unless the
employee has worked in excess of 40 hours without the funeral leave computation.
Section 4. The City Manager may grant additional leave under this Section which
shall be debited against the employees annual or sick leave time or may be granted as
leave without pay.
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ARTICLE 15 - MILITARY LEAVE
Section 1. All employees of the City who are members of a military reserve unit and
who must attend annual training sessions are entitled to leave of absence with full pay.
The City of Boynton Beach pursuant to Florida Statute 115.07 - Officers and Employees
Leaves of Absence for Reserve or Guard Training, will grant up to seventeen (17)
calendar days with pay each year in order that such employees may fulfill their military
obligations.
Full-time permanent employees in the City service who are called to perform military
service will be granted a leave of absence without pay for such service in accordance with
the provisions of Public Law 93-508, Section 2021 Right of Re-Employment of
Inducted Persons; Section 2024 - Right of Persons Who Enlist or are Called to Active
Duty; reserves.
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ARTICLE 16 - LEAVE OF ABSENCE
Section 1. LEAVE WITHOUT PAY - A regular employee may be granted leave of
absence without pay for a period not to exceed one (1) year for sickness, disability or
other good and sufficient reasons which are considered to be in the best interest' of the
City. Such leave shall require the prior approval of the Department Head, Human
Resources Director and the City Manager. Employees that are on approved leave of
absence without pay will be responsible for paying all of their benefits, i.e. insurance, etc.
Except under unusual circumstances, voluntary separation from the City service in order
to accept employment not in the City service shall be considered as insufficient reason for
approval of a request for leave of absence without pay. If for any other reason leave of
absence is given such leave of absence may be 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.
Section 2. FAMILY MEDICAL LEAVE ACT - The City recognizes it's obligation to
abide by the provisions of the Family Medical Leave Act which allows employees to take
leave without pay for family medical reasons, upon request. Employees must use all paid
leave before FMLA leave.
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ARTICLE 17 - JURY DUTY
Section 1. An employee who is legally summoned to serve on a jury or as a
subpoenaed witness on cases relevant to the City shall be permitted absence with pay for
the time required from such duty. However, such paid time will not be used in the
computation of any overtime for the pay period that the leave falls in unless the employee
works in excess of 40 hours in the pay period without the calculation of the jury duty
time.
Section 2. If an employee is called for jury duty he/she shall promptly notify his/her
immediate supervisor within five (5) days of receipt of the summons.
Section 3. In the event a holiday shall occur during the period of the employee jury
duty, he/she shall receive pay for such holiday at straight time.
Section 4. The employee must provide the department director with proof of jury
duty service, before compensation is approved.
Section 5. Payment for jury duty will be made as follows:
A. JURY DUTY/WITNESS FEES - All pay granted under this section must be
approved by the City Manager. Leave with pay may be authorized in order that regular
employees may serve required jury duty or a subpoena issued by a court of law to appear
as a witness on cases relevant to the City, provided that such leave is reported in advance
to the Human Resources Director. In order for the employee to receive their regular pay
for such leave the employee must deposit the money which he/she receives for jury duty
or as a witness with the City Finance Department for those days that coincide with his/her
work schedule. 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.
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ARTICLE 18 - MAINTENANCE OF CONDITIONS
Except as provided herein, the status quo as it pertains to conditions shall remain in
effect for the duration of this Agreement. Changes to rules and regulations which reflect
standing policy, past practices, management rights, minor changes, and changes which do
not impact on members of this unit may be made 'by the City upon notification to the
Union. There is no non-salary (age or allowance) monetary benefit, except as set forth or
incorporated by reference in this Agreement.
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ARTICLE 19 - SENIORITY
Section 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 beginning with
his most recent date of hire The City and the Union recognize the value of an experienced
work force and agree that an employee's seniority shall be considered, along with the
needs of the city, when affecting decisions on vacations, promotions and shifts. "Job
seniority" will mean the employee's length of service within a particular classified job.
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ARTICLE 20 - LAYOFF AND RECALL
Section 1.
Section 2.
Employees shall lose their seniority for the following reasons:
go
Termination
Retirement
Resignation
Layoff exceeding the period of recall
Unexcused absences for three (3) or more days
Failure to report intention of returning to work to the Human
Resources Department, within five (5) days of receipt of recall,
as verified by certified mail.
Failure to report fi:om military leave within the time prescribed
Layoff and recall of employees shall be handled in the following manner:
a. The City Manager may lay-off any employees in the bargaining
trait whenever such action is made necessary because of shortage of work
or funds, the abortion of a position or changes in the work force.
However, no regular employee shall be laid-off while there are employees
with less seniority or temporary or part time or provisional or probationary
employees in the same classification serving in the department where the
lay-off occurs.
b. Whenever a layoff of one or more emPloyees becomes necessary
the City Manager shall notify the Union at least two weeks in advance of
the intended action and the reasons therefore.
c. Such layoff will be made in reverse order of seniority within the
department. Senior laid-off employees of the department shall be able to
displace (bump) junior department employees who are in any equivalent or
lower classification for which the bumping employee is eligible for or for
which he qualifies.
d. Laid-off employees also shall have the right to accept the lay-off.
In this connection, the laid-off employee shall have his name placed at the
top of the eligibility list for any position which becomes open, and for
which the employee is qualified. The employee may pass or accept
placement into any such open position for a period of one year.
Employees shall have recall rights for a period of one year fi:om the date
the lay-off took affect. Upon recall, employees shall have all seniority and
benefits restored with the exception of any benefits that were cashed in
during lay-off period.
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Employees may also choose to accept the lay-off, at the time of the initial
lay-off, and receive a severance package of one month's wages. In this
connection, the employee may not reapply to a position within the City for
one year from the date the lay-off took affect and shall not be placed on the
recall list.
It shall be incumbent upon the laid-off employee to ensure the City has
information pertaining to his most recent address for the purpose of recall.
Employees shall be recalled in the inverse order of the layoff. The City
shall recall employees via a written document using the US Mail service.
Recall letters shall be sent certified, with a remm receipt requested.
Employee shall have ten (10) business days to respond to the recall letter.
A laid-off employee who is temporarily unable to return to work due to
medical reasons shall receive an extension of recall fights not to exceed
four (4) months.
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ARTICLE 21 - JOB POSTING AND BIDDING
POLICY
Job vacancies may occur which require recruitment efforts in order to fill a vacancy. This
policy establishes that posting of job vacancies are required to ensure that equal
emplo.vment opportunity recruitments are consistently attained for all regular status
positions.
BASIC REQUm~MENTS
1. No job shall be filled until the position has been posted for a period
no less than ten (10) calendar days.
2. Job postings shall be on official bulletin boards, designated by the
Human Resources Department.
3. Hiring procedures, such as form of application, background check,
interviews, and examination, shall be established by the Human Resources
Department and may be amended from time to time as appropriate.
Copies of current hiring procedures shall be made available for inspection
in the Human Resources Department.
4. The City shall make every effort to fill open bargaining trait
positions within sixty (60) days of the position becoming vacant, except in
the last quarter of the fiscal year.
APPLICATION PROCEDURE
1. When a job vacancy occurs for any position, the Department Director
shall submit an Employee Requisition Form to the Human Resources
Department. The submission of the Employee Requisition Form begins the
recruitment process. Any particular emphasis desired of duties for that job
must be indicated on the Employee Requisition Form.
2. Upon receipt of the Employee Requisition Form, Human Resources
will prepare and distribute a notice of the position vacancy called a "Job
Opportunity". Job Oppommities shall be dated and posted for a minimum of
ten (10) calendar days.
3. Unless otherwise indicated by Human Resources, job postings will be
without an established Closing Date.
4. Job Oppommities shall contain information such as position title,
salary range, closing date (if indicated), and minimum requirements inclusive
of education and experience, among other things.
5. Advertising of Job oppommities will be made available to current City
employees by posting or publication and to the general public and will be
coordinated by the Human Resources Department at the same time.
6. If a Closing Date has been established and no applicant is
recommended for employment from the pool of applicants who applied prior
to a Closing Sate, the posting procedure may be commenced again at the
discretion of the Department Head with the approval of the Human Resources
Director.
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Temporary or seasonal positions do not require job postings due to the
nature of the employment relationships which is intended to be of a temporary
or seasonal duration, and which has no benefits attached.
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ARTICLE 22 - RECRUITMENT AND SELECTION
POLICY
In order for the City to be operationally competitive with other governmental entities as
well as the private sector, the recruitment and retention of qualified employees is of
paramount importance. To achieve maximum efficiency the City must have the
flexibility to fill vacancies through either promotion or outside hiring. Vacant positions
shall be filled in the best interests of the City through recruitment, selection, and
promotion of employees on the basis of their qualifications and relative knowledge,
abilities, and skills.
BASIC REQUIREMENTS
1. The Human Resources Department is responsible for nondiscriminatory
implementation of this policy.
2. Each department is responsible for assisting the Human Resources Department
with recruitments, interviews, tentative selections, and recommendations for
appointment.
3. The Human Resources Department has primary responsibility for hiring
employees. All employment discussions are to be considered non-obligatory,
exploratory, and tentative in nature and should be indicated as such to the
applicant. Any offers of employment that are made to an individual prior to
obtaining all necessarily authorizations shall not be binding on the City.
CURRENT PROCEDURES
A. Applications and Interviews
1. Once the Human Resources Department has officially announced a job
vacancy through the posting of a Job Opportunity, the official recruitment
process has begun. The Human Resources Director may withdraw the
recruitment process.
2. Individuals desiring consideratiOn for employment must submit an
Application for Employment Form, a letter of proposal, or a resume to Human
Resources. Employees are encouraged to submit applications for promotional
oppommities. All applicants submitting a resume and granted further
consideration shall complete an Application for Employment at some point
during the employment process.
3. Applications must be sighed and certified by the applicant. Falsification
of any part of the Application for Employment or any related documents may
upon discovery, lead to denial of an application or dismissal of the employee.
Incomplete applications may be accepted but missing information must be
obtained from or submitted by the applicant on request.
4. All applications and resumes received by departments must be
forwarded to Human Resources.
5. The Human Resources Department may accept applications for
employment even when there are no current vacancies for a specified position.
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When a vacancy occurs, previously submitted applications and resumes
on file in Human Resources may be considered in addition to all new
applications and resumes received until the established closing date or until the
vacancy is filled.
Certain classifications may require applicable testing prior to being
given consideration. Human Resources will administer tests required and
ensure that passing scores are attained prior to forwarding an application to a
department for consideration.
a. Supplemental points will be added to the test scores:
1) Employees shall receive five (5) preference points for their veteran's
status;
2) And one-fourth (1/4) point awarded for each year of continuous service
employed by the City
8. The Human Resources Department shall advise the appropriate Department
Head of the eligible applications.
9. Upon receipt of the eligible applications, the department should:
a. Review and evaluate all applications and resumes based on, but
not limited to, relative qualifications, knowledge, abilities, skills,
education, experience, and certifications or licenses required in accordance
with class specification. Veteran's Preference will be given in compliance
with cun'ent legislation.
b. In order for an applicant to be given further consideration,
minimum requirements of that class specification must be met.
Departments share responsibility for this aspect of selection.
c. Prepare an interview schedule and conduct interviews. Human
Resources may assist in scheduling, contacting, or co-interviewing of
applicants at the request of the department.
d. Determine who is most suitable for further consideration and
proceed with additional interviews, if necessary.
e. Prior to recommendation for employment, the department
should determine that the applicant pool was sufficient.
f. Prior to any offer or other similar indication of employment, all
necessary steps as outlined in Section B must be satisfied.
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B. Selection, Reference Checks and the Recommendation Process
1. Once the interview process has revealed suitable applicants, the reference
checks and screening steps should begin by the department.
2. Human Resources will coordinate additional form completion with the
applicant and will conduct reference checks. Academic degrees, previous
employers, character references, and all information provided on the Application
for Employment will be subject to verification as needed.
3. Once the results of reference checks and screenings appear satisfactory, the
department will be so notified in order that further consideration may continue.
4. The department may then recommend an applicant for employment and then
submit the proper forms to Human Rescues for processing. If the Department
Director proposes a salary which exceeds the minimum of the position's pay
range, written justification must be included for consideration of the salary.
5. Upon receipt of a recommendation for employment and in conjunction with a
tentative offer of employment, a pre-employment physical and drag test for the
applicant is then scheduled. Medical examinations must be satisfactorily passed
to determine fitness to perform the duties of the position.
6. After acceptance of an applicant's physical examination and drag test results,
the Human Resources Director may proceed with the hiring process.
7. It is the City's intent to employ the most qualified applicant best suited for the
position. Current employment with the City is a factor, but is not, in and of itself,
determinative or controlling.
C. Employment Acceptance
1. Employment acceptance must be made by the applicant within three (3) work
days of the department's employment offer, unless otherwise extended by the
Human Resources Director. If 'employment acceptance is declined, the
department may consider another applicant from the recruitment's applicant pool,
or the department may choose to begin a new recruitment. Employment
Procedures shall be followed in either case.
2. The Human Resources Department must be notified by the department of the
tentative hire date. Employee orientation will then be scheduled. New employees
must provide proof of work eligibility and verification of identity to the City.
Human Resources will process the necessary employee paperwork to the Finance
Department for payroll purposes.
3. The Human Resources Department shall conduct a general orientation
program for all new employees to explain the City's history and organization, to
complete benefit program enrollments, and to stress the use of safe work practices
and the City's commitment to excellent customer service.
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ARTICLE 23 - HOLIDAYS
Section 1.
The following holidays shall be observed:
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
In addition, the employee may take his or her birthday with notice to their supervisor.
Birthdays that fall on a weekend may be taken on Friday or Monday without prior notice.
If taken the birthday will be charged as a vacation day. Holidays are not cumulative or
interchangeable.
Section 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, except where employees are
normally scheduled to work a ten (10) hour day. In that case, they shall receive ten (10)
hours of pay. In all events, where the employee is scheduled off for the holiday, the
employee shall be paid straight time for not working that holiday. In the event that an
employee is scheduled on during a holiday, the employee shall be paid their regular rate
of pay for working the holiday (time and one-half) and shall be paid straight time for the
holiday. 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.
Section 3. A full-time employee required to work and who actually works on an
observed holiday shall receive time and one-half (1 1/2) their regular rate of pay for all
hours worked in addition to that payment provided in Section 2.
Section 4. Employees on vacation, annual military leave, jury duty, sick leave,
funeral leave, and other absences bom 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.
Section 5. Holidays falling on a Saturday shall be observed the preceding Friday.
Holidays falling on Sunday shall be observed the following Monday. The City Manager
has the authority to reschedule the holiday (Example New Years Day 2000).
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ARTICLE 24 - VACATION
Section 1. The following outlines the vacation leave policy for full time employees:
Plan A: The following language and schedule apply to all full time employees with
an employment date prior to October 1, 1991.
Each full time employee shall earn vacation leave at the rate of one working day per
month during the first year of service. Each employee shall, at the end of each year
thereafter, be credited with additional vacation days (accumulated in hours) for each full
year of continuous service as outlined in the chart below. The number of days/hours
credited per year will not increase after the 21 st year of service unless the included chart
is amended. Employees on initial one year probation are not eligible to take vacation for
the first six months. Vacation may be accrued in accordance with the following schedule:
PLAN A
VACATION ACCRUAL POLICY
(Based on 40 hour work week)
Years of Service
Vacation Days
Vacation Hours
1 Year 12 96
2 Years 15 120
3 Years 15 120
4 Years 16 128
5 Years 17 136
6 Years 18 144
7 Years 19 152
8 Years 20 160
9 Years 21 168
10 Years 22 176
11 Years 22 176
12 Years 22 176
13 Years 22 176
14 Years 22 176
15 Years 22 176
16 Years 24 192
17 Years 24 192
18 Years 24 192
19 Years 24 192
20 Years 24 192
21 Years & After 25 200
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Vacation leave may be taken as earned subject to the approval of the Department Head
who shall schedule vacations so as to meet the operating requirements of the Department.
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 mount over the allowable maximum
that has not been used during that ( October 1 - September 30 ) period will be forfeited
as of September 30. However, employees who have been denied vacation shall have the
excess vacation hours paid to them at their regular straight time rate of pay in the last pay
check of the fiscal year.
Vacation requests must be approved or denied within thirty (30) days of the date of the
request.
Employees may cash in up to eighty (80) hours of vacation for emergencies or
extraordinary cases of hardship if the employee has the time accrued in his/her account
provided, however, the combined cash out of sick and vacation in any one year shall not
exceed eighty (80) hours. The employee may take advantage of this right once during the
term of this Agreement.
Plan B: The following language and schedule apply to all full time employees with
an employment date of October 1, 1991 and thereafter. Each full time employee shall
earn vacation leave at the rates shown in the schedule outlined in this Section B. Each
employee shall at the end of each year be credited with additional vacation days
(accumulated in hours) for each full year of continuous service as noted in the chart
below. The number of days/hours credited per year will not increase after the 20th year
of service unless the schedule is amended. Employees on their initial one-year probation
are not eligible to take vacation for the first six months of employment.
Vacation may be accrued in accordance with the following schedule:
PLAN B
VACATION ACCRUAL POLICY
(Based on 40 hour work week)
Years of Service
1 Year
2 Years but less than 5
5 Years but less than 10
10 Years but less than 20
20 Years and after
Vacation Days
6
12
15
17
20
Vacation Hours
48
96
120
136
160
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ARTICLE 25 - WAGES
Section 1. Reclassifications, upgrades or promotions, which are planned to occur at
the beginning of the fiscal year shall not be implemented in a manner and order, which
will defeat, diminish or avoid any of the base wage increase adjustments set forth in this
Agreement.
Effective the 2nd pay period following ratification of this agreement, and retroactive to
October 1, 2000, employees shall receive a 4% base wage increase. Employees who
have reached the maximum of their pay scale or who will be above top-out shall receive a
lump sum payment for the portion of the 4% increase which is above the maximum of
their pay scale.
Pay for performance evaluation forms shall be developed by the Human Resource
Department who shall seek input from the Union and the Department Heads, and shall be
completed by no later than April 1, 2001. The input from the Union shall be advisory to
the Human Resource Director and rejection of a recommendation shall not constitute
grounds for a grievance or an unfair labor practice. The first evaluation period under the
City's pay for performance program shall commence April 1, 2001 and end March 31,
2002. During the evaluation period(s), employees who receive a score of"satisfactory"
shall receive a 2% merit increase, employees who receive a score of"above satisfactory"
shall receive a 3% merit increase, and employees who receive a score of "outstanding"
shall receive a 4% merit increase, Employees who have reached the maximum of their
pay scale or who will be above top-out shall receive a lump sum payment for the portion
of the merit increase which is above the maximum of their pay scale.
On September 30, 2001, the maximum of each employees salary range shall be increased
by 5%. On October 1, 2001, all members of the bargaining unit shall receive a 2% base
wage increase. Employees who have reached the maximum of their pay scale or who will
be above top-out shall receive a lump sum payment for the portion of the 2% increase
which is above the maximum of their pay scale. On February 1, 2002, the employees
supervisor shall issue the employees preliminary performance evaluation. Employees
shall be evaluated in an unbiased and fair manner. A sixty (60) day review, guidance and
consultation period will follow which shall give the employee an. oppommity to improve
his overall performance evaluation score. Employees shall be eligible for a 0%-4% merit
based, base wage increase as stated in paragraph three of this Article, payable on the
second pay period following April 1, 2002. Employees who have reached the maximum
of their pay scale or who will be above top-out shall receive a lump sum payment for the
portion of the merit increase which is above the maximum of their pay scale.
On October 1, 2002, all members of the bargaining unit shall receive a 2% base wage
increase. Employees who have reached the maximum of their pay scale or who will be
above top-out shall receive a lump sum payment for the portion of the 2% increase which
is above the maximum of their pay scale. On February 1, 2003, the employees supervisor
shall issue the employees preliminary performance evaluation. Employees shall be
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evaluated in an unbiased and fair manner. A sixty (60) day review, guidance and
consultation period will follow which shall give the employee an oppommity to improve
his overall performance evaluation score. Employees shall be eligible for a 0%-4% merit
based, base wage increase as stated in paragraph three of this Article, payable on the
second pay period following April 1, 2003. Employees who have reached the maximum
of their pay scale or who will be above top-out shall receive a lump sum payment for the
portion of the merit increase which is above the maximum of their pay scale.
All lump sum payments shall be pensionable.
Section 2 FAMILY HEALTH CARE RELIEF. Effective October 1, 2000, the City
shall provide employees covered by this Agreement with an additional 1% of bargaining
unit payroll (as established priOr to the adjustments provided for in this Agreement) to
relieve the increased health care costs on employees. The parties agree to distribute the
amount to bargaining unit members in a manner determined by the bargaining unit.
Section 3. When an employee is advanced to a position in a higher classification
level, the employee will be placed within the appropriate classification level which will
provide a daily rate increase as follows:
bo
Co
do
Promotion or regrade from non-exempt to exempt:
(+10% of mid point of new grade or to minimum of new grade level
whichever is greater)
Promotion or regrade of one grade:
(+ 5% of mid point of new grade or to minimum of new grade whichever
is greater
Promotion or regrade of two grades:
(+ 7.5% of mid point of new grade or to minimum of new grade whichever
is greater
Promotion or regrade of three or more grades:
(+10% of mid point of new grade or to minimum of new grade whichever
is greater)
Should management determine a newly hired employees' credentials warrant
receiving an annualized base salary above the entry level into the classification,
the new employee may start his/her employment with the City at no more than the
mid-point above the entry level rate for his/her classification.
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ARTICLE 26 - SAFETY AND HEALTH
Section 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.
Section 2. Employees in classifications/positions where it is warranted, will receive
one (1) pair of safety shoes/boots per year, and two (2) pairs of safety shoes/boots per
year for employees in high risk positions. The City Safety Committee will be responsible
for deciding which positions required the wearing of safety shoes/boots based on OSHA
standards and recommendations and the number of shoes/boots appropriate for the
position. Management shall determine the type and qualify of such shoes/boots. The
employees designated to receive shoes/boots will be allowed to choose directly from the
vendor, purchase the item at a location determined by the employee as long as the item
meets OSHA standards, and shall be reimbursed one hundred percent (100%) of the price
of the item up to $75.00 per purchase.
Section 3. 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 27 - GENERAL PROVISION
Section 1. The City and the Union agrees to Share in the cost of reproducing this
Agreement. The City will make the Agreement available on the City's Shared Drive.
Section 2. Except in the case of negligence or misuse all employees requested to
furnish tools for their job shall receive replacement tools for tools broken in performance
of the City's work provided they furnish the City with a list of their personal tools
approved by their department head. Employees who are assigned City-provided tools,
materials and items of value to perform their job, and who lose those tools, materials and
items of value, shall be responsible for replacing those 'lost tools, materials and items of
value. Tools stolen from their assigned City-owned vehicle or City property shall be
replaced by the City, if there was no negligence in their loss. In the event that the
employee was negligent, the employee shall be responsible for the replacement of the
stolen tools.
Section 3. The City shall pay the total medical, hospitalization, and dental insurance
premium for all regular employees. The employees will pay the full cost of medical,
hospitalization and dental insurance for their dependents. Existing or comparable
coverage shall remain in effect for the duration of this Agreement; however in the event
the City can provide for alternative equivalent benefits options for employees then the
health insurance coverage for the employee and their dependents may be amended from
time to time. In this connection, should the employees' cost to provide dependent
coverage for their dependents increase more than 15 % during any fiscal year, the City
agrees to open this Article for the purpose of impact bargaining. The review and
selection of insurance coverage shall be made on an annual basis by the City. To that
end, the City will form an insurance committee to be comprised of an equal number of
non-represented members who are appointed by the City Manager and two members from
each of the city's bargaining units. Bargaining unit representatives shall be designated by
the Union. The final decision regarding selection of coverage is reserved to the City, but
the City shall strongly consider input and recommendations from the insurance
committee.
Section4. 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 which has been prepared by
supervisors.
Section 5. The City's Human Resources Department maintains a personnel file for all
City employees. Consistent with State law, the City agrees that upon request, a member
shall have the right to inspect his/her own personnel records and shall have the right to
make duplicate copies of his/her records at no expense. The City may destroy 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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Disciplinary actions older than a two (2) year time flame shall not be referred to or
considered in any current disciplinary action.
Section 6. The City will provide reimbursement for tuition and books for any full time
non-probationary employee who chooses to obtain a High School degree, G.E.D. or
equivalent, or who chooses to attend an accredited college or university.
Except for enrollment in a G.E.D. or High School Equivalency program, employees
meeting this criteria will initially pay for tuition and books, and be reimbursed by the City
upon presentation of documented completion of the course. The employee who attains a
grade of "A" or better will receive 100% reimbursement; a grade of "B" or better, 75%
reimbursement; or a grade of"C" or better, 50% reimbursement of the tuition and books
for the course.
In the event that the course is a mandatory pass/fail course, a grade of "passing" shall be
treated the same as a "B". Employees will receive no compensation for a grade below
Employees who wish to enroll in a G.E.D. or High School Equivalency program may,
upon the submission of appropriate registration materials, be advanced by the Finance
Department, a check for the cost of registration and books.
Courses must lead to a degree in the field of discipline that may enhance the member's
performance in any City position. The committee to review the validity of the course and
degree program for which the reimbursement is applied will be made up of the
employee's Department Head, Human Resources and Finance Directors or their
designees. Approval for participation in the reimbursement program must be made prior
to enrolling in the course. The committee will forward the recommendation to the City
Manager who will have the final approval for payment. Employees are eligible for a
maximum of $750 per fiscal year on a first come first serve basis, but in no case will
reimbursement funds be approved that exceed the budgeted allowance.
This benefit will not be retroactive and will only cover classes taken in the fiscal year
applied for.
Section 7. For the term of this agreement, employees who are required to wear
uniforms shall receive the same number of uniform pieces allocated to them prior to the
ratification of the agreement. The cost of the uniforms shall be borne by the City.
Section 8. 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
two (2) polo shirts to each employee on their anniversary date. The cost of uniforms
and/or polo shirts shall be borne by the City.
Section 9. Emergency Pay Policy.
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1. Whenever the City Manager declares that an emergency condition exists, and the
City Manager calls for preparedness actions to take place either before, during or after the
emergency, the City Manager may suspend those necessary provisions of the collective
bargaining agreement as long as the provisions regarding pay and benefits shall remain in
effect.
2. During any declared emergency called by the City Manager, City employees
represented by Local 1227 who are sent home from work, and who do not provide a
service to the City, shall be credited with eight (8) hours of pay or shift time at their
regular straight-time rate of pay, for each work day they remain assigned at home during
the emergency. This eight(8) hours of credited pay or shift time shall be counted as time
worked for purposes of computing overtime.
3. Employees who are called in to work, and who provide a service to the City
during the time of the declared emergency, also shall be credited with eight (8) hours of
pay at their regular straight-time rate of pay or shift time for each work day during the
declared emergency. This eight (8) hours or shift time of credited pay shall be counted as
time worked for purposes of computing overtime. In addition, employees shall receive
their regular hourly rate of pay, at the appropriate rate of pay, for all hours actually
worked during the emergency.
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ARTICLE 28 - SAVINGS CLAUSE
Section 1. If any article or section of this Agreement should be found invalid,
unlawful or not enforceable, by reason of any existing or subsequently enacted legislation
or by judicial authority, all other articles and sections of this Agreement shall remain in
full force and effect for the duration of this Agreement.
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ARTICLE 29 - DUES DEDUCTION
Section 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
deductions for the purpose of paying Local 1227 dues deductions. Employees shall
receive copies of the form from their Union Steward or the Union's office.
Section 2. The Union will notify the City as to the amount of Union dues 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 dues will be similarly
certified to the City and shall be done at least one (1) month in advance of the effective
date of such change. To revoke the payment of Union dues, the employee shall go to the
Union office and Union staff shall prepare and mail an employee signed notice of such
change to the City's Finance Department.
Section 3. Dues shall be deducted each pay period and remitted monthly and the
fimds shall be remitted along with a list of employees contributing to the Treasurer of
Local 1227 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.
Section 4. For the purpose of putting this Article into effect, the Union will furnish
forms for such individual authorization.
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ARTICLE 30 - PENSION
Employees will continue to participate in the current employees pension plan of the City
of Boynton Beach Ordinance No. 88-43, as amended. A copy of the plan's annual
actuarial valuation report will be provided to the Union, in its entirety, upOn request from
the Union.
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ARTICLE 31 - PROBATIONARY PERIOD
Section 1. All newly hired or rehired employees shall be subject to a probationary
period of 1 year.
Section 2.
months.
All promoted employees shall be subject to a probationary period of 6
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ARTICLE 32 - LONGEVITY BENEFITS
PURPOSE
To provide benefit incentives to long-term employees, giving recognition for continuous
and meritorious service. Longevity benefits are available within these guidelines.
ELIGIBILITY
Employees eligible are those employees who:
(a) have been employed with the City on a regular full-time and
basis for a minimum of five (5) years,
continuous
(b) have an over "MEETS STANDARDS" or above rating on the previous
employee evaluation,
BENEFIT
Employees will receive a cash Lump Sum Bonus as follows:
On the employees fifth (5th) anniversary a lump sum payment of $500.00
On the employees tenth (10th) anniversary a lump sum payment of $1,000.00
On the employees fifteenth (15th) anniversary a lump sum payment of $1,500.00
On the employees twentieth (20th) anniversary a lump sum payment of $2,000.00
PROCEDURES
Any pay earned for Longevity Benefits is subject to required federal deductions.
Each Department Director is responsible for projecting the number of employees
eligible for Longevity Benefits in their department and budget accordingly for
each fiscal year.
Benefits shall not be paid beyond termination payouts. Employees who terminate
from City employment prior to their to their hire anniversary date will not be
entitled to benefits.
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ARTICLE 33 - BONUS INCREASES
In addition to any other monetary benefit, the City Manager is authorized to approve a
bonus of $500.00 when such a bonus is justified, in writing, on the prescribed forms by
the Department Head. This bonus will not affect the employees pay grade and step.
Funds for the bonus will be budgeted as a separate allowance and administered under the
direct control of the City Manager. Employees are not automatically entitled to bonus
money and only one bonus will be allowed to an employee in a fiscal year. This approach
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 34 - CITY MANAGER INCENTIVE PROGRAM
All submittals for incentives must be done as part of a team and the submittal must be
approved by the team's supervisor. The pool for funding this program will be limited to
$15,000.00 per fiscal year and the amount of any single program will be limited to
$1,000.00 Employees are encouraged to be as creative as possible, while at the same time
keeping the effort simple. Incentive payments will be considered for the following type
of activities (although they are not limited to just these type of activities):
Customer service improvements.
Cost efficiencies (savings).
Improvements in operations.
Productivity enhancements.
Expanding hours of operations.
Doing work in-house rather than engaging a consultant.
Incentive applications will be accepted by the City Manager's office, commencing
September 30th of each year, for award at the last City Commission meeting in December.
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ARTICLE 35 - BONUS DAYS
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.
ACCRUAL
All full time City employees covered by this policy are eligible to receive on
bonus day for continuous attendance at work at the completion of each calendar
quarter that the employee has not used sick time during the previous quarter, nor
has been absent from work or on leave other than those paid leave categories
recognized in this document.
Bonus days shall be counted as vacation leave and subject to the provision set
forth for use of vacation.
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ARTICLE 36 - MANAGEMENT RIGHTS
Section 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 are not limited to, the right:
A. 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.
B. To maintain economic stability.
C. 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.
D. To determine the methods, income and personnel by which such operations are to
be conducted.
E. To select, hire, test, classify, promote, train, assign, retain, evaluate, lay-off,
schedule, and determine the qualifications of all employees.
F. To suspend, demote, discharge, reprimand, or take
against employees for just cause.
G. To determine the organization of City government.
H. To determine the purpose and extent of each of its constituents, departments and
positions therein.
I. To set standards for service to be offered to the public, and standards for the
performance of duties of job assignments.
other disciplinary'action
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J. To manage and direct the work of the employees of the City, including the right to
assign work and overtime as provided herein.
K. To establish, determine, implement and maintain effective internal security
practices.
L. To determine the number, type and grades of positions or employees assigned to
an organizational unit, department or project.
M. 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 as provided herein.
N. To adopt or enforce cost or general improvement programs.
O. In a civil emergency, to use personnel in any lawful manner.
Section 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, or other emergency conditions, the provisions of this Agreement may be
suspended by the City during the time of the declared emergency as long as employees
remain in a pay status.
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ARTICLE 37 - DURATION
Section 1. This Agreement shall become effective on ratification by both parties as
prescribed by Chapter 447, Florida Statutes, retroactive to October 1, 2000 for wages and
longevity only, and remain in full force and effect until September 30, 2003.
Either party shall notify the other in writing not prior to April 15, 2003, expressing a
desire to negotiate a new collective bargaining agreement. If not notified by April 15,
2003, the current contract language shall remain in full force and effect until the next
fiscal year.
Initial proposal and negotiations shall commence within sixty (60) days fi:om receipt of
notice by either party.
Notwithstanding the effective date as set forth above, Article 25 shall be retroactive to
October 1, 2000.
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Agreed to this ~ day of ~:~~, 20~__J__, by and between the
respective parties through the authorized represe~/tatives of the Union and the City.
NATIONAL CONFERENCE OF.FIREMEN & OILERS, SEIU AFL-CIO, C. LC
Witness
CITY OF BO YNTON BEACH
ATTEST:
BY:
CiW Clerk
~PROVED AS TO FO~ ~<,,
~ CONCUSS:
Ci~ Attorney Ci~ M~ager
Date ratified by Commission: ~/~/~/
Date ratified by Union:
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