HomeMy WebLinkAboutR-19-21 PEA AgreementAMENDMENT TO ARTICLE 20.1 OF THE COLLECTIVE BARGAINING
AGREEMENT OF OCTOBER 1, 2019 — SEPTEMBER 30, 2022 BETWEEN THE
CITY OF SEBASTIAN AND THE COASTAL FLORIDA PUBLIC EMPLOYEES
ASSOCIATION
This Amendment ismade and entered intoby and between the City of Sebastian (the "CITY') and the
Coastal Florida Public Employees Association (the "CFPEA').
WHEREAS, the CITY and CFPEA entered a collective bargaining agreement for the period
October I, 2019 to September 30, 2022, hereiredier called the "Agreement ; and
WHEREAS, Article 20.1 of the Agreement established that the parties shall collectively
negotiate a potential change in salary for the third year of the Agreement (October I, 2021 through
September 30, 2022); and
WHEREAS, the parties have negotiated this change in wage; and
WHEREAS, the CFPEA has ratified and the CITY has approved this change in wage;
NOW, THEREFORE, the parties agree to a wage increase adjustment equivalent to four percent
(4%) for the third year of the Agreement (October 1, 2021 through September 30, 2022).
COASTAL FLORIDA PEA
/d
Al BoettJer
Chief Negotiator
ATTEST:
J -ro Williams,MM
ty Clerk
CITY OF SEBASTIAN FLORIDA
Paul Carlisle _ - -
City Mana+er-
Kenneth W. Killgore-
CFO
Cy is Watson, MPAIR. PHR
H an Resources Director
•1 1 1 a
�r
,
AMENDMENT TO ARTICLE 20.1 OF THE COLLECTIVE BARGAINING
AGREEMENT OF OCTOBER 1, 2019 — SEPTEMBER 30, 2022 BETWEEN THE
CITY OF SEBASTIAN AND THE COASTAL FLORIDA PUBLIC EMPLOYEES
ASSOCIATION
This Amendment is made and entered into by and between the City of Sebastian (the "CITY") and the
Coastal Florida Public Employees Association (the "CFPEA").
WHEREAS, the CITY and CFPEA entered a collective bargaining agreement for the period
October 1, 2019 to September 30, 2022, hereinafter called the "Agreement'; and
WHEREAS, Article 20.1 of the Agreement established that the parties shall collectively
negotiate a potential change in salary for the second year of the Agreement (October 1, 2020 through
September 30, 2021); and
WHEREAS, the parties have negotiated this change in wage; and
WHEREAS, the CFPEA has ratified and the CITY has approved this change in wage;
NOW, THEREFORE, the parties agree to a wage increase adjustment equivalent to two percent
(2%) for the second year of the Agreement (October 1, 2020 through September 30, 2021) with a possible
revisit of one percent (1%) wage adjustment in six months.
COASTAL FLORIDA PEA
r �7
BfNneg
Chief Negotiator
ATTEST:
4n Williams, MMC
Clerk
CITY OF SEBASTIAN. FLORIDA
Pouf Car t e - — —
�ity Manager - -
Kenneth W. Killgore
CFO - _
Cy tia W atson, M AIR. PHR
H an Resources Director
APPROVE AS TOF
M ny Ano , Jr., tty Atto
RESOLUTION NO. R-19-21
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, DULY RATIFYING AN AGREEMENT FOR
ALL FULL-TIME AND PART-TIME (EXCLUDING TEMPORARY
AND SEASONAL EMPLOYEES) HOURLY EMPLOYEES
BETWEEN THE BARGAINING UNIT OF THE COASTAL
FLORIDA PUBLIC EMPLOYEES ASSOCIATION (CFPEA) AND
THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2019
THROUGH SEPTEMBER 30, 2022; AUTHORIZING THE CITY
MANAGER TO NOTIFY ALL PARTIES OF THE CITY'S
RATIFICATION AND CAUSE SAID AGREEMENT TO BE PUT
INTO EFFECT; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Coastal Florida Public Employees Association (CFPEA) is certified with the
Florida Public Employees Relations Commission as the Bargaining Unit for certain employees of
the City of Sebastian; and
WHEREAS, the City of Sebastian has negotiated a Collective Bargaining Agreement with the
CFPEA for the period October 1, 2019 through September 30, 2022.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. The negotiated Collective Bargaining Agreement is hereby ratified.
Section 2. The City Manager is authorized to notify all parties of this ratification and to
cause said Collective Bargaining Agreement to be put into effect.
Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith we
hereby repealed.
Section 4. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered
or re -lettered and corrections of typographical errors which do not affect the intent may be
authorized by the City Manager, or the City Manager's designee, without need of further action of
the City Council by filing a corrected copy of same with the City Clerk.
Section 5. EFFECTIVE DATE. This resolution shall take effect October 1, 2019.
The foregoing Resolution was moved for adoption by Council Member mrpa,+ia,. The
motion was seconded by Council Member iovino and, upon being put into a vote,
the vote was as follows:
Mayor Jim Hill
ave
Vice -Mayor Linda Kinchen
aye
Council Member Ed Dodd
aye
Council Member Albert lovino
aye
Council Member Bob McPartlan
ave
The Mayor thereupon declared this Resolution duly passed and adopted on this I I" day of
September 2019.
ATTEST:
anette Williams, City Clerk
CITY OF SEBASTIAN, FLORIDA
By:
J' ,Mayor
Approved as to form and legality for the
reliance by the City of Sebastian only:
James Vokes, City Attorney
M Cf
SM sTIAN
HOME OF PELICAN ISLAND
COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE
CITY OF SEBASTIAN
and
THE COASTAL FLORIDA PUBLIC
EMPLOYEES ASSOCIATION
October 1, 2019 — September 30, 2022
TABLE OF CONTENTS
ARTICLE TITLE Page
Agreement
3
Preamble
3
1
Union Recognition
3
Position Classification
4
Equal Employment Oppornmity/AA
4
2
Management Rights
5
3
Bargaining Unit Representation'
5
4
Dues Deduction
5
5
Rights of Employees
6
6
No Strike
7
7
Hours of Work and Overtime
7
8
Seniority/Layoff/Recall
10
9
miscellaneous Leave
12
10
Sick Leave
16
11
Vacation Leave
18
12
Grievance Procedure
20
13
Holidays
22
14
Promotions, Transfers and Adjustments
23
15
Group Insurance
25
16
Retirement Contribution
26
17
Performance Evaluations
27
18
Safety
29
19
Disciplinary Action
31
20
Salary
32
21
Substance Abuse Testing
32
22
Uniforms
32
23
Education Reimbursement
33
24
Classification and Pay Scale
34
25
Secondary Employment
35
26
Severability
35
27
Counseling
35
28
Term of Agreement
36
Appendix A
Grievance Form
37
Appendix B
Application for Membership
38
Appendix C
Classification and Pay Scale
39
AGREEMENT
Section 1 This Collective Bargaining Agreement ("Agreement") is entered into by the City of
Sebastian, Florida ("City" or "Employer") and Coastal Florida Public Employees
Association ("PEA"), and has as its purpose the promotion of harmonious relations
between the City and PEA; the establishment of an equitable and peaceful procedure for
the resolution of differences; and includes the agreement of the parties on the standards of
wages, hours and other conditions of employment covered hereunder.
Section 2 Throughout this Agreement masculine gender pronoun shall be read to include feminine
gender where appropriate.
PREAMBLE
Whereas, the intent and purpose of this Agreement is to maintain and further harmonious and
cooperative labor management relations upon a constructive and sound foundation;
Whereas, the cornerstone of this foundation is the mutual acceptance and recognition of the rights
and obligations of both parties, in order that the joint responsibilities of the public employer and public
employee to represent the public be fulfilled and the order and uninterrupted functions of government be
assured; and
Whereas, the City is engaged in furnishing essential public services vital to the health, safety,
protection, and comfort of the residents of Sebastian; and
Whereas, both the City and its employees have a high degree of responsibility to the public in so
serving the public without interruption of these services; and
Whereas, since both parties recognize this mutual responsibility, they have entered into this
Agreement as an instrument and means to permit them to fulfill said responsibility;
Now therefore, in consideration of the premises and promises set forth herein and the benefits and
advantages aceming or expected to accrue to the parties hereto and those covered by this Agreement by
reason thereof, and said parties hereby agree as follows:
ARTICLE
UNION RECOGNITION,
1.1; The City recognizes the PEA as being certified by the Florida Public Employees Relations
Commission and as such is the sole and exclusive bargaining agent, for those full-time and part-
time (excluding temporary and seasonal employees) hourly employees working within the unit,
for the purpose of negotiating matters of wages, hours and other terms and conditions of
employment. This list of job classifications may be amended from time to time due to
business/city standard changes. Positions may be removed or added. Titles may be changed to
better suit the position. This shall be at the discretion of the City.
Position Classification
911 Emergency Dispatcher Supervisor Crime Scene Evidence Technician
911 Emergency Dispatcher (PD)
Environmental Technician
Accountant
Facilities Foreman
Accounting Clerk I
Golf Course Attendant
Accounting Clerk R
Read Cashier
Administrative Assistant (Code Enforcement) Jr. Planner
Administrative Assistant(Golt)
Lead Mechanic
Administrative Assistant(PFAC/PWKS)
Logistics Specialist (PT PD)
Administrative Assistant(PD)
Maintenance Worker I
Administrative Supervisor (PD)
Maintenance Worker11
Airport Operations Specialist I
Maintenance Worker
Airport Operations Specialist R
Mechanic
Assistant Golf Professional (PT)
Parks Supervisor
Building Inspector I
Permit Technician
Building Inspector R
Planner
Business License Specialist
Plans Examiner
Cashier
Records Clerk I (PD)
Cemetery Supervisor
Records Clerk R(PD)
Chief Building Inspector
Records Specialist
Clerical Assistant I (PT/FP)
Records Supervisor (PD)
Clerical Assistant R
Roads & Drainage Supervisor
Code Enforcement Officer
Sexton, Assistant
Construction Specialist
Traffic Technician I
COPE Specialist (PT PD)
Traffic Technician R
EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION
The City and the PEA agree to fall and unequivocal cooperation with each other in eliminating all
discrimination and to assure all personnel prog ens. Policies and assignments are free from
discriminatory practices.
The parties recognize that it is mutually beneficial to resolve any problem of alleged discrimination as
amicably and expeditiously as possible and agree that each shall make a good faith effort to settle such
disputes informally within the Department before any formal complaint is filed.
Nothing in this contract will supersede the following
• The Fair Labor Standards Act
• Title VR of the Civil Rights Act of 1964, as amended, or by applicable state or local law;
• Tide I and Title V of the Americans with Disabilities Act of 1990, as amended or by
applicable state or local law and the Rehabilitation Act of 1973, as amended, or by
applicable state or local law
• The Age Discrimination of Employment Act of 1967, as amended or by applicable state
or local law;
• The Equal Pay Act of 1963, as amended or by applicable state or local law;
• Title D of the Genetic Information Nondiscrimination Act of 2008, or by applicable state
or local law;
• Marital status or lawful political affiliation as prohibited under Federal Law and Florida
Statutes or applicable local law. -
ARTICLE 2
MANAGEMENT RIGHTS
2.1: The management of the City and the direction of the workforce are vested exclusively in the City
subject to the terms of this agreement. Nothing in this Agreement shall affect the right of the City
to determine the standards of service offered the public; to maintain the efficiency of the City's
operations; to determine the methods, means and personnel by which the City's operations are to
be conducted; to direct the work of its employees; to hire, promote, demote, transfer, assign and
retain employees in positions, to discipline, suspend or discharge employees forjust cause and to
relieve employees from duty because of lack of work; or to take any action, not inconsistent with
the express provisions of this Agreement, necessary to carry out the mission of the City. All
matters not expressly covered by the language of this agreement may be administered for its
duration by the City in accordance with such policy or procedure as the City from time to time
may determine,
ARTICLE 3
BARGAINING UNIT REPRESENTATION/BULLETIN BOARDS
3.1: The City agrees to provide suitable bulletin board space on existing or new bulletin boards in
convenient places for pasting of official PEA notices to its members and to other covered
employees. The City also agrees to allow the PEA the use of e-mail for these notices. No
scurrilous, defamatory, or otherwise objectionable material will be posted or emailed. The parties
agree that the usage of such bulletin boards and emails will be to promote employee -employer
relations, as well as keep the members and other covered employees informed of its activities.
Copies of all materials, notices, or announcements shall be submitted to the -IIR Director or
designee, before they are posted. All notices, shall be signed by a duly authorized PEA
representative.
3.2: The City will permit the PEA to maintain an official mailbox at various work sites. The
mailboxes will be provided by the PEA. Mail delivered to these mailboxes will be delivered
unopened.
3.3: The City will allow the PEA a reasonable opportunity to meet with new employees covered by
the agreement at the conclusion of new employee orientation for the purpose or briefing the
employee on this Agreement and the Bargaining Unit's programs and benefits.
ARTICLE 4
DUES DEDUCTION
4.1: Upon receipt of a stipulated lawfully executed Assignment of Wages/Dues Deduction form. The
Employer agrees to deduct the regular dues of the PEA from the employee's pay bi-weekly
(twenty six (26) times per year) basis for so long m the PEA remains the certified bargaining
agent for the employees within the unit. Such dues will be remitted promptly to the home office
of the PEA Bargaining Unit. The PEA agrees to notify the Employer, in writing, at least thirty
(30) days prior to the effective date of any changes in the regular dues structure.
4.2: Revocation of dues will be processed through the PEA, but in the event of direct revocation, the
5
PEA will be notified as soon as is practicable. All persons currently on dues deduction shall
continue without further authorization,
4.3: The PEA agrees to indemnify and hold harmless the Employer, its agents, employees and
officials from and against my claims, demands, damages or causes of action (including, but not
limited to, claims, etc., based upon clerical or accounting errors caused by negligence) of any
nature whatsoever, asserted by any person, firm or entity, based upon or related to payroll
deduction of PEA dues. The PEA agrees to defend, at its sole expense, any such claims against
the Employer or its agents, employees, and officials. The term "official" as used herein includes
elected and appointed officials.
4.4: Nothing contained herein shall require the Employer to deduct or to otherwise be involved in the
collection of delinquent dues, fines, penalties, or special assessments of the PEA
4.5: An assignment of Wages/Dues deduction may be canceled by the employee upon thirty. (30)
day's written notice to both the City and the PEA -
ARTICLE 5
RIGHTS OF EMPLOYEES
5.1: The City and PEA agree that employees possess the rights set forth in Section 447.301, Florida
Statutes, and are entitled to exercise these rights without interference, restraint, or coercion from
any person, including PEA representation in any discussion between the employee and
representatives of the City in which the employee has reasonable grounds to fear that the
interview is investigatory and may result in disciplinary action being taken against the employee.
5.2: The employee must sign all documents (i.e., Performance Reviews, Disciplinary Action, etc.) that
are placed in the employee's personnel file whether the employee agrees or disagrees with the
document to signify the employee bas seen and discussed said document. If the employee does
not sign the document they will be subject to disciplinary action up to and including termination.
5.3: The City will have the employee sign for a copy of any adverse action document to be placed in
an employee's personnel files prior to the document being placed into the files. Employees shall
have the right to file a written response to my letter of reprimand or other document that is placed
in the employee's personnel file as a result of supervisory action or citizen complaint. Any such
written response shall be included in the employee's personnel file together with the letter of
reprimand or other document against which it is directed. To the extent permitted by law and in
order to protect the privacy and promote the safety of employees, the City agrees not to directly
or indirectly famish the news media or public with any employee's personal information, (i.e.,
home address, date of birth, telephone number, photograph, etc.), and/or personnel records as
required per Florida Statute 119 as amended without the employee's consent.
5.4: The PEA agrees not to directly or indirectly furnish the news media or the public with personnel
records without the consent of the City and the employee, thus mutually agreeing to the
confidentiality of persornel records other than required by law.
5.5: PEA members are entitled to be represented by the PEA in grievances arising under this
Agreement. They may also bring matters of individual concern not covered by this Agreement to
the attention of City officials.
ARTICLE 6
NOS
6.1: For purposes of this Article, "strike" is defined as the concerted failure of employees to report for
duty; the concerted absence of employees from their positions; the concerted stoppage of work by
employees; the concerted submission of resignations by employees; the concerted abstinence in
whole or in part by any group of employees from the full and faithful performance of the duties of
employment with a public employer for the purpose of inducing, influencing, condoning or
coercing a change in the terms and conditions of employment or the rights, privileges or
obligations of public employment, or participating in a defibemte and concerted course of conduct
which adversely affects the services of the public employer, the concerted failure of employees to
report for work after the expiration of a collective bargaining agreement.
6.2: The PEA recognizes that strikes by public employees are prohibited by Article 1, Section 6, of the
Florida Constitution and Section 447.505, Florida Statutes. The PEA agrees not to authorize,
instigate, or otherwise support a strike, as defined in Section 6.1 above.
6.3: The PEA recognizes that it — and all acting in concert with it — shall be liable for the penalties set
forth in Section 447.507, Florida Statutes, in the event of a strike in violation of this Article.
6.4: The PEA agrees that there shall be no strikes in accordance with Article 1, Section 6 of the
Florida Constitution and Section 447.505, Florida Staines. In the event of a strike, slow up, work
stoppage, or interruption due to informational pickets, the PEA shall promptly and publicly
disavow such unauthorized conduct and to take all affirmative action legally available to prevent
or terminate any strike which occurs in contravention of this commitment.
6.5: For the purpose of this Agreement, informational pickets shall be allowed. Informational pickets
shall not stop or discourage City employees from normal business. Informational pickets shall
not encourage any type of act that would violate local ordinances, city, state or federal law, e.g.,
honking of horns, etc.
ARTICLE 7
HOURS OF WORK AND OVERTIME
7.1: Basic Work Week:
(a) The basic work week for regular full-time employees shall ordinarily consist of forty (40)
hours per week, starting at 12:01 a.m. Sunday and ending at 12:00 midnight Saturday,
unless otherwise specified or scheduled by the Department Head to meet particular
requirements of an individual department.
(b) The basic workweek for regular part-time employees shall consist of those hours they are
required to work by their Department Head or his designee.
(c) Meal periods shall not be considered time worked.
(d) Employees will be entitled to a one (1) hour meal break. Meal breaks may not be at a set
standard time. They will be based on work flow and are at the discretion of the
Department Head or their designee. Employees will also be entitled to two (2) paid
fifteen (15) minute work breaks one in the morning and one in the aftemoon. Breaks may
not be at a set standard time. They will be based on work flow and the discretion of the
Department Head or their designee. Employees will be paid for an eight (8) hour day. In
order to be entitled to the 30 minute paid lunch, the employee most have worked four and
a half (4.5) hours of their shift.
Hours of Operation
I. Administrative employee's hours of work are from 8:00 a.m. to 4:30 p.m.
Monday through Friday.
2. Non -administrative employee's hours of work are from 7:00 a.m. to 3:30 p.m.
3. Hours of operation for both Administrative and Non -administrative employees
may be changed from time to time at the discretion of the Department Head.
(a) The two fiftean (15) minute work breaks will not be taken immediately before and/or
immediately after the meal break, and it must be used or lost It cannot be used to make
up for late arrival or for leaving work early.
(f) The City will make a good faith effort to find work for employees when adverse weather
conditions do not permit outside work. If no work is available, employees may use
seemed vacation, personal, or compensatory time, (if eamed) to leave work for the
remainder of the day.
7.2: Communications Division:
(a) Unit employees shall be entitled to one (30) minute meal break and two (2) fifteen (15)
minute paid breaks per each eight (8) hour shift, to be taken at the discretion of their
Department Head or designee. However, if the employee works a twelve (12) how"
they are entitled to one (1) thirty (30) minute meal break and three (3) fifteen (15) minute
paid breaks.
(b) The Communications Division will be allowed to earn comp time instead of overtime
when eamed as a result of their regular work schedule and comp time can be used to
offset the hour shortages during the 40 hour work week To conclude, comp time will be
approved leave and will be considered time worked for overtime computation for the
Communications Division only.
(c) Any employee who works either regularly scheduled hours or overtime hours that fall
between 6 P.M. and 6 A.M. shall be entitled to a shift differential equal to five percent
(5%) of their regular hourly rate of base pay for each hour worked.
(d) A 911 Dispatcher who is performing training will be paid an extra $1.00 per hour for all
hours they are actually providing in-house instruction and not on leave.
(e) A 911 Dispatcher designated as required to be on -call will be paid an extra $1.00 per
hour for on -call hours, providing they are not otherwise paid call-back pay.
7.3: Overtime:
(a) Overtime will be authorized only when it is in the interest of the Employer and is the
most practicable and economical way of meeting workloads or deadlines.
(b) All authorized and approved time worked in excess of forty (40) hours in any one
workweek is considered overtime worked and shall be either paid at the rate of one and
one-half (I %) times the hourly wage of the employee, or by compensatory time off at the
rate of one and one-half (1-112) hours for each hour worked over forty (40) hours in any
one workweek
(c) The Fair Labor Standards Act (FLSA) states that unless exempt, employees covered by
the Act must receive overtime pay for hours worked over 40 in a workweek at a rate of
time and one-half their regular rates of pay. The Act does not require overtime pay for
work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked
on such days. The Act applies on a workweek basis. It need not coincide with the
calendar week but may begin on any day and at any hour of the day. Different
workweeks may be established for different employees or group of employees.
a
For the purpose of overtime computation, time spent by an employee on any approved
leave with pay (approved sick leave excluding compensatory time) will be considered as
time worked.
(d) Emergency closure hours will be considered time worked for the purpose of computing
overtime.
(e) 1. If an employee has ammed earned overtime, he or she may elect, with the approval of
the Department Head, to accrue compensatory time off rather than be paid for the
overtime.
2. An employee may seems up to a maximum of one hundred twenty (120) hours of
compensatory time in any Fiscal Year of which eighty (80) hours may be carried over
from year to year. AlLcompematory time in excess of eighty (80) hours up to one
hundred twenty (I20) hours must be used in the same Fiscal Year it is earned (and by
the last full pay period of the fiscal year) or the remaining balance of named
compensatory time in excess of eighty (80) hours will be converted to the employee's
current hourly rate of pay and added to thew first pay check in October. At the
employee's option they may request pay -out for all accrued compensatory time up to
one hundred -twenty (120) hours earned in any fiscal year. Accrued compensatory
time will be converted to the employee's current hourly rate of pay and added to their
fast pay check in October. Written request for payout for all or partial acemed
compensatory time must be submitted by September I of each fiscal year.
3. Employees wishing to use seemed compensatory time off must follow the same
procedures as an employee wishing to take vacation time. The employee must receive
prior approval to use compensatory time off, except in emergency situations. The
employee's Department Head shall attempt to accommodate the desires of the
employee as to the time off desired, work schedule and conditions pemdttiag.
(f) No employee will be placed in a leave without pay status during the basic workweek in
order to deprive him or her of the right to eam compensable overtime. The employee may
elect to flex time within the same day seven (7) day workweek, however it is at the sole
discretion of the Department Head or their designee.
(g) Department Head or their designee will have the right to schedule overtime based on the
workload. Employees shall be required to work overtime when assigned unless excused
only by the Department Head or their designee. Any employee who desires to be
excused from an overtime assignment shall submit to their Department Had or thew
designee a written request to be excused. In the event that the Department Head or thew
designee cannot schedule a suitable overtime work force from the complement of
employees who have not requested relief from overtime, employees who have approved
written relief requests on file may also be required to work overtime.
(h) If an employee leaves the service of the City, he or she will be paid for all accrued
compensatory time at the employee's current hourly rate of pay to a maximum of one
hundred twenty (120) hours.
7A: _Call-Out/Desimated On -Call
(a) Call -out -When an employee is called back to work after his or her normal workday, he or
she shall receive a minimum of two (2) hours pay at the overtime or compensatory time
accrual rate. The maximum travel time paid is 30 minutes.
(b) When an employee is assigned to attend a meeting or perform work immediately following or
preceding his/her normal work day, the employee shall be entitled to a minimum of fifteen
(15) minutes pay at the overtime or compensatory time accrual rate, if applicable, and shift
differential if appropriate. Hours in excess of forty (40) hours per week will be paid at the
overtime or compensatory time accrual rate of time and one-half (I h) the employee's regular
hourly rate of pay.
(c) Designated On -Call (Excludes Communications 911 Department) — When the Department
Head or their designee designates an employee to be on call, the employee must respond
within 30 minutes. The employee will receive $1.00 per how for being on -call. The
maximum travel time paid is 30 minutes. This section pertains to the Cemetery and Facilities
Maintenance.
ARTICLE
SENIORITY/LAYOFF/RECALL
8.1: Definitions:
(a) City seniority is the total cumulative length of uninterrupted regular full-time or regular
part-time employment of an employ= by the Employer, measured from the most recent
date of regular employment by the Employer, except w provided in Section 82 below.
(b) Classification seniority is the length of regular full-time or regular part-time service by an
employee in the samejob classification.
(c) City seniority shall apply for the purposes of layoff, vacation computation, service awards,
or other matters based upon length of service.
82: Accrual of Seniority:
(a) Employees shall be placed in a probationary status for the first six (6) months of
employment in any job classification Probationary employees acome no classification
seniority until they become permanent regular employees, whereupon their classification
seniority shall begin from the date of entry into the classification. An employee who has
completed his or her initial probationary period shall continue to accrue City seniority
notwithstanding subsequent probationary period(s) resulting from promotion or transfer to
a ditferentjob classification.
(b) Any employee who is on an unpaid leave of absence of less than twelve months shall not
accme sick or vacation time, but they shall not lose seniority. Seniority accrual shall
continue on the first day of the employee's return to work
8.3: Loss of Seniority:
Employees shall lose City and classification seniority only as a result of:
(a) voluntary resignation;
(b) retirement;
(c) discharge;
(d) layoff for a period exceeding twelve months;
(e) absence from work without authorization;
(0 failure to return from military leave within the time limit prescribed by law;
(g) approved leave of absence without pay of more than twelve months.
8.4: Work Fame Adiustment and Lav-off:
(a) When work force adjustment becomes necessary due to lack of work, shortage of funds,
10
discontinuance of operations, or the subcontracting out of City services, the Employer
may lay-off employees. The PEA and the affected employee(s) shall be notified in
writing not less than sixty 60 calendar days prior to the effective date of such lay-off.
(b) If the City fails to provide the employee(s) with a sixty- (60) day written notice of lay-
off, the City will pay the employee(s) the equivalent of twenty (20) days of pay. Such
payment will be paid in two (2) bi-weekly increments.
(c) The duties performed by any laid off employee may be reassigned to other employees
already working who hold positions in appropriate classifications.
(d) No regular full-time employee shall be laid -off while a probationary, part-time, or
temporary employee remains employed in the same job classification.
(e) Permanent, regular full-time employees who receive a notice of lay-off shall have the
right, in accordance with their seniority, to transfer or downgrade (commonly known as
"bumping") or to take the lay-off. Bumping shall only be permitted in the event of
lay-off, in accordance with the following procedure.
(1) Management shall identify the position(s) that may be bumped within five (5)
calendar days of the notice and explain the options to the affected employee(s).
Position classifications that are available for bumping will only be for the same grade
or less than the employee's current position. The employee must possess the
minimum qualifications for that position, and have greater City seniority than the
present occupant of that position. Affected employees shall have five (5) calendar
days, from the date their options are explained, to notify management whether they
desire to bump or take the layoff.
(2) If otherwise eligible, the bumped employee may then proceed himself in accordance
with this article.
(3) In the event that two or more aftected employees have the exact same citywide
seniority, the employee with the least classification seniority will be laid off fast. If
both employees have equal seniority, the employee who applied for the position first
will retain the position. This will be determined by the timddate stamp issued by
Administrative Services on the employment application when it was fast received
(4) An employee bumping to a different job classification shall be placed in a
probationary period of six (6) months. If, in the opinion of the City, the employee
cannot satisfactorily perform the duties of the position to which the member has
bumped, the employee will be laid off without further bumping rights.
(5) An employee bumping to a job classification which is Iowa than their present job
classification will take a 3% per Grade not to exceed nine (9%) percent reduction in
pay. In no case will the employee be paid mom than the maximum rate of the lower
classification.
(0 Probationary employees shall have no bumping rights. An employee who is in a
probationary status as of the date of notice of the lay-off, but who has previously
achieved permanent status in a lower job classification, may revert to such lower
classification for the purpose of exercising bumping rights. If the employee reverts to the
lower classification, their pay is adjusted to the pay they previously held prior to the
promotion.
(g) Regular part-time employees may only bump other pan -time employees.
(h) Exempt employees cannot bump into the bargaining unit unless they held a bargaining
unit position within the past I year of the effective date of such layoff.
it
8.5: Recall:
(a) Recall of hddoff employees shall be made in accordance with City seniority. Initial
contact shall be attempted by phone. This shall be followed by a certified letter, ram
receipt requested, to the employee's last known address, to confirm the phone
conversation and/or document that the recall notice has been provided. Laidoff
employees who desire to be recalled shall keep the Employer continuously informed of
their current mailing address, or lose their recall rights.
(b) Within three (3) calendar days after receipt of a notice of recall, recalled employees who
desire to retum to work must notify the Employer in writing to advise that they intend to
return to work, or they will lose theta recall rights. Recalled employees must return to
work fit for duty within too (10) working days of the receipt of a recall notice, or they
will lose their recall rights.
(c) Employees who are laid -off will be eligible for recall for 1 year of the effective date of
such layoff for any position in the same or lower pay grade. When an employee returns to
a position of a lower pay grade, he or she will take a 3% reduction in pay. In no case
will the salary be higher than the maximum rate of the new job or shall any reduction
result in more than a nine percent (90/a) decrease in pay. Previously canceled group health
insurance may be reinstated upon the employee's return to active duty consistent with the
plan's requirements. In addition, any balances of accrued vacation or sick leave not
previously paid will be reinstated and the accrual rate from the date of retum to active
duty will be at the accrual rate enjoyed at the date they were laid off.
ARTICLE
MISCELLANEOUS LEAVE
9.1: Bereavement Leave:
(a) Bereavement Leave is to provide paid time off for abseacm related to the death of an
immediate family member. For purposes of this provision, an 'employee's immediate
family" is defined as the employee's spouse/domestic partner, parent/step parentlfather-
in-law/mother-in-law, child/step child, brother, sister, grandparent, grandchild, or any
relative who is domiciled in the employee's household.
(b) The- Department Head or their designee will approve Bereavement Leave. ,
(c) Paid Bereavement Leave will be granted according to the following schedule:
(1) 3 Consecutive Days in State of Florida
(2) 5 Consecutive Days out of State commensurate with scheduled shift hours
(Not to exceed 40 hours)
(3) Pan -time employees receive 2 Days
(4) All Paid Bereavement Leave most be taken within 14 consecutive calendar
days of the death
(d) Bereavement leave shall not be charged to vacation leave, personal leave, sick leave or to
compensatory time. Any absence in excess of approved bereavement leave, will be
charged at the employee's discretion to accrued compensatory time, vacation leave, sick
leave, personal leave or, if no leave is ammed, to leave without pay.
(e) Within thirty- (30) calendar days from the date the employee returns to work from such
absence, the employee will file a copy of the death certificate of the deceased. Said death
certificate will be attached to a leave request form and forwarded to the Department of
12
Administrative Services, Human Resources for processing. Failure to produce a death
certificate will result in the employee reimbursing the City for any paid leave taken under
this Article. Any employee found to have falsified his or her request for Bereavement
Leave -will be disciplined up to and including dismissal. It is understood that under
certain circumstances the employee will be unable to obtain a death certificate. In this
event, in lieu of a death certificate, the employee shall submit a newspaper account
showing the death and the relationship of the deceased to the employee and/or other
appropriate criteria as deemed appropriate by the Human Resources Director.
(0 For non -immediate family, employees have the option to use accrued vacation leave,
compensatory time or personal leave, for the attendance of funerals. Employees will
supply their supervisor with written notification for Us request in as timely a manner as
possible. The supervisor will make every effort to comply with the provisions of this
section. In the event that the employee does not have any accrued vacation,
compensatory, or personal leave they may request to use sick leave or leave without pay.
9.2: Court Leave
(a) Employees attending court on behalf of the City, or any other public jurisdiction during
their normal working hours shall receive leave with pay for the hours they travel to and
attend court. The City of Sebastian Travel policy will be used for travel expenses,
excluding jury duty.
(b) All employees subpoenaed to attend court on behalf of the City am eligible for leave with
pay. Those employees who become plaintiffs or defendants for other than work related
reasons are not eligible for leave with pay but may request to use accrued annual leave,
compensatory time or personal leave.
(c) Employees who attend court on behalf of the City for only a portion of a regularly
scheduled work day shall report to their supervisor when excused or released by the
court.
(d) Employees who are required to attend court on behalf of the City, while on a scheduled
vacation may be allowed to take court leave instead of vacation leave for such period.
(e) Employees who seek to receive leave with pay under this section shall present official
notice of their subpoena to their supervisor at least twenty-four (24) hours in advance of
the scheduled time, unless the employee actually receives less than twenty-four (24)
hours advance notice. Employees who are required to be absent for Court Leave shall
submit official documentation to their supervisor showing all days or hours of court leave
upon return to work
(1) Consistent with existing City policy, the employee shall remit to the City any and all
compensation received for court leave on behalf of the City, excluding payment for travel
and meals.
9.3 Jury Dutv
(a) A permanent full-time employee shall be granted time, off, not to exceed eighty (80)
hours, at the employee's regular pay for reporting to required jury duty upon presentation
to the employee's supervisor of satisfactory evidence that such jury duty is required and
provided the time required forjury duty is the employee's normal workday or work shift.
In order to be eligible, the employee must report at least seven (7) calendar days prior to
the date of jury duty to the immediate supervisor on the payroll system with the summons
of the need to be absent because of ajury duty requirement.
(b) Any compensation received by the employee for jury duty shall be retained by the
employee however, a pro rate amount of thejury duty pay received by the employee will
be deducted from the employee's regular pay based upon that portion of the regularly
13
scheduled workday missed by the employee. There shall be no deduction for mileage
pay or for the four (4) hour reporting period provided in Section (c) of this Article. An
employee seeking jury duty leave must substantiate any compensation received for
serving on jury duty by submitting a copy of the check(s) received or a copy of the
reempt(s) for any cash received.
(c) If an employee is released from jury duty within four (4) hours from the time required to
report for such jury duty, the employee shall be required to report for duty on that date,
provided that it is the employee's regularwork day or shift.
9.4: Conference Leave:
The City may grant conference leave with pay, together with necessary travel expenses, for
employees to attend conferences, schools, and similar events designed to improve their
efficiency, if considered to be in the City's best interest. All leave and expenses will be
recommended by the Department Head and subject to approval of the City Manager.
9.5: Medical Leave:
City agrees to grant request for leave of absence for medical reasons with or without pay in
accordance with the Family and Medical Leave Act (FMLA) and City Policy.
9.6: Military Leave
(a) The City agrees to grant request for leave of absence with or without pay in accordance
with Florida State Statute 115.07 — Of6ars and employees' leave of absence for reserve
or guard training.
(b) The employee shall be required to submit an order or statement from the appropriate
military commander as evidence of any such duty. Such order .or statement must
accompany the form request for Military Leave at least two (2) weeks prior to the date
such leave is desired.
9.7: Leave of Absence
(a) The decision to grant a leave with or without pay (leave of absence) is a matter of
.. management discretion. It shall be incumbent upon each Department Head to weigh and
to determine each case on its own merits, including time off for PEA business.
(b) An employee may be granted a leave of absence for a period rat to exceed twelve (12)
months for good and sufficient reasons, which are considered to be in the best interests of
the City.
(1) Such leave shall require the prior approval of the Department Head and the City
Manager or his designee. Before such leave of absence without pay will be granted,
the employee must exhaust all vacation leave, personal leave, compensatory and, if
appropriate, sick leave.
(2) Voluntary separation from City service, to accept employment outside of the service
of the City, shall be considered an insufficient reason for approval of a request for
leave of absence without pay.
(3) If for any reason a leave of absence without pay is given, the leave of absence may
subsequently be withdrawn by the Department Head and the City Manager, and the
employee recalled to service. '
(4) An employee requesting a leave of absence of more than three days must request
Family Medical Leave Forms (FMLA) for medical reasons, per FMLA and submit a
written Doctor's note to their Department Head stating the length of time they will be
14
absent. In addition, the employee must keep the Administrative Services Department
advised of his or her current address at all times. If a Doctors note is not submitted,
the employee will be considered as on an unauthorized leave of absence and
appropriate disciplinary action shall be taken. Failure to comply with the notification
requirements will result in the employee being dropped from leave of absence status,
in which case hdshe must return to duty or be dismissed
(5) An employes who obtains either pan -time or full-time employment elsewhere while
on an authorized leave of absence is required to notify his Department Head in
writing within three (3) days of the acceptance of such employment or they will be
terminated from City employment.
(6) At least two (2) weeks prior to the expiration of the leave of absence, the employee
must contact the Administrative Services Department in order to facilitate the
reinstatement process.
(n Failure by an employee to return to work at the expiration of a leave of absence shag
result in immediate dismissal from employment with the City. .
(c) Under no circumstances shall the City provide any funds towards the CWA/1TU pension
plan while the employee is on an unpaid leave of absence.
(d) During the time the employee is on leave without pay, the employee will not accrue sick
or vacation leave, unless the employce is on leave in accordance with FMLA. Accrual of
classification seniority is suspended until they return to regular duty. City seniority
continues to accrue, providing the leave without pay does not exceed twelve months. The
employee loses both City and classification seniority after twelve months.
(a) An employee on an approved leave of absence may continue to participate in the group
insurance plan, provided that all necessary payments of the total premium are made by
the employee. It is the employee's responsibility to keep premium payments current.
(1) The insurance premium payment most be made by the 20th of the preceding month in
which the payment is due. If the payment is not made by the 20th of the preceding
month in which it is due, coverage will be canceled as of the beginning of the
delinquent period.
(2) If coverage is canceled during an approved leave of absence, it may be reinstated
9.8: Elimbility. upon the employee's return to active duty consistent with the plads requirements.
Only regular full-time and regular part-time employees are eligible for the miscellaneous paid
leaves provided by this Article. All such benefits are personal to the employee and shall not be
transferable,
9.9: Personal Leave
Eligibility— Each regular full-time employee shall receive twenty (24) hours of personal leave per
fiscal year.
(a) Employees starting during the year will get a pro -ram portion of the personal leave hours.
Those starting during the fast three months receive twenty-four (24), second three
months receive eighteen (18), third three months receive twelve (12) and the last three
months receive six (6).
(b) Personal leave must be used by the last full pay period of the fiscal year.
15
ARTICLE 10
SICK LEAVE
10.1: Elimbility/Accmal of Sick Leave:
(a) Only regular full-time and regular part-time employees are eligible to accrue sick leave.
Regular full-time employees will aceme sick leave at the rate of ninety-six (96) hours per
calendar year or 3.692 hours perpay period. Regular part-time employees working forty (40)
hours or more per pay period will name sick leave at the rate of 1.546 hours for that pay
period. Sick leave will accrue bi-weekly over twenty-sN (26) pay periods.
(b) New employees start to cam sick leave from their date of hive.
EliObiliw,
I Temporary and seasonal employees are not eligible for sick leave benefits.
2. Part-time employees working less than a forty (40) hour pay period are not eligible to
accrue sick leave benefits.
3. Sick leave does not accrue while an employee is on any unpaid leave.
10.2: Rrg+_est fnr Sick Leave:
a) Any employee who is incapacitated and unable to work shall notify his/her immediate
supervisor or designee within one (1) hour prior to his/her scheduled reporting time,
except in an emergency situation. The employee shall state the nature of his/her
incapacitation, its expected duration, and the expected period of absence. The employee
shall repeat this procedure each day he/she is unable to report for work, unless excused
by the Department Head.
(b) If an employee is absent from work in excess of three (3) consecutive work days due to
an illness, the member must submit a doctoes note to the Department Head or his/her
desigaee, attesting to the employees ability to return to work with or without restrictions.
If an employee is to be absent more than 3 days, Human Resources must be contacted to
obtain Family Medical Leave Forms.
10.3: Use of Sick Leave:
(a) Sick leave may be used for the following purposes:
(1) employee ill health or,
(2) medical, dental, or optical treatment required during working hours;
(3) quarantine due to exposure to infectious disease;
(4) employee ill health while on annual leave;
(5) in connection with Workers' Compensation;
(6) for death in employee's immediate family; and
(7) illness of an immediate family member requiring the employee to remain at
home
(b) Whenever it appears that a bargaining unit member abuses sick leave, such as when a
member consistently uses sick leave immediately upon its being accrued or before and
after holidays or weekends, the member may be required to famish a doctor's note
verifying that the member was medically unable to report to work on those days. Failure
to provide such notice will result in no pay for the holiday and the day(s) in question.
Abuse of sick leave shall constitute grounds for disciplinary action, up to and including
16
termination.
(c) Sick leave may be used for absences due to illness or injury sustained while engaged in
outside employment, provided the employee is not being compensated for the same time
by the other employer.
(d) Employees may not use sick leave during their first sixty- (60) days of employment if
an employee resigns or is otherwise terminated during the fast six (6) months
probationary period, he/she will reimburse the City for all sick leave used by deducting
the cash equivalent of hours used from his/her final pay check
(e) Upon separation from employment in good standing (resignation or retirement with a
two -week notice or medical separation) and hired prior to October 1, 2011, a bargaining
unit member is eligible to be paid for a percentage of blather accrued balance of sick
leave up to a maximum of 600 hours. The percentage is as follows:
If separated before completing first year
- 0%
I Year but less than 5 Years Completed
- 25%
5 Years but less than 10 Years Completed
- 50%
10 Years but less than 20 Years Completed
- 75%
Over 20 years of completed service
-1006%
(t) Upon separation from employment in good standing (resignation or retirement with a
two -week notice or medical separation) and hired after October 1, 2011, a bargaining unit
member is eligible to be paid for a percentage of his/her accrued balance of sick leave up
to a maximum of 600 hours. The percentage is as follows:
If separated before completing first year - 0%
1 Year but less than 5 Years Completed - 25%
Over 5 Years of Completed Service - 50%
(g) Every regular full-time employee entitled to sick leave benefits and who has been
employed for one (1) frill year and who does not take any sick leave during the fiscal
year shall be given sixteen (16) hours pay calculated at their base rate to be added to their
paycheckwith the first full pay period in the following December.
(h) Once an employee accrues 320 hours of sick leave they may at their option convert fifty
percent (50%) of any mused accrued sick leave in excess of 320 hours to vacation leave
as of the last full pay period of each fiscal year. Employees who elect not to convert their
sick leave will retain their sick leave benefit as currently provided in the contract. If the
employee is at the maximum vacation accrual after the last full pay period of each fiscal
year, the sick conversion process cannot be allowed.
17
ARTICLE II
VACATION LEAVE
11.1: Eligibility:
Only regular full-time and regular part-time employees are eligible to accrue paid vacation leave.
Probationary employees will be allowed to use accmed vacation leave at the approval and
discretion of their immediate Department Head or his/her designee. Temporary or seasonal
employees are not eligible for the accrual of vacation leave.
11.2: Rate of Accrual:
(a) Vacation leave is earned on a pro-rata basis. Full-time employees will accrue vacation
leave based on their years of service with the agency. The accmal rate for regular part-
time employees working forty (40) hours or more per pay period will be at one-half the
accrual rate of a regular full-time employee with the same number of years of service. To
clarify the rate at which an employee accrues vacation leave the following tables will be
used.
Fliptibility,
A. Regular full-time employees and regular part-time employees working forty (40) hours or
more per pay period are eligible.
B. Temporary and seasonal employees are not eligible for vacation leave benefits.
C. Part-time employees working less than a forty- (40) hour pay period are not eligible for
vacation leave benefits.
D. Vacation leave does not accrue while an employee is on any unpaid leave.
ble#1:
Full Time Employees
Bi-weekly Vacation Leave
Length of Service Accrual Rate Hours Famed
1 Year but less than 5 Years 3.077 hours 80 hours (10 Working Days)
5 Years but less than 10 Years 4.615 hours 120 hours (15 Working Days)
10 Years but less than 15 Years 6.15 hours 160 hours (20 Working Days)
15 Years but less than 20 Years 6.92 hours 180 hours (22.5 Working Days)
20 Years and over 7.69 hours 200 hours (25 Working Days)
Table
Part -Time Employees working forty (40) hours or more per pay period
Bi-weekly
Vacation Leave
Length of Service
Accrual Rate
Hours Eamed
I Year but less than 5 years
1.54 hours
40 Horns
5 Years but less than 10 Years
2.31 hours
60 Hours
10 Years but less than 20Years
3.07 hours
80 Hours
20 Years and over
3.85 hours
100 Hours
11.3: )jeouest for Vacation Leave
(a) A request for vacation leave shall be submitted, through the payroll system, to the
employee's Department Head, however all Police Department staff will submit requests
in writing seven (7) days in advance per the Police Department StandardOperating
Procedure.
(b) A request for vacation leave shall not be granted if the employee has no accrued balance
of vacation leave.
(c) The minimum charge against the accrued vacation leave balance is fifteen (15) minutes.
Fifteen (15) minutes shall be deducted from an employee's accrued leave balance for
t8
each minute how, or part thereof that an employee is actually absent from his/her duty
station.
(d) Vacation leave may not be taken in advance of its approval by the Department Head. In
an emergency situation accrued vacation leave may be used only with the approval of the
employee's Department Head or designee.
(e) Except under unusual circumstances, Department Heads shall approve or disapprove a
leave request within five (5) working days after receipt of said request
(f) Vacation leave shall not be used in advance of its being eamed.
I IA: Use of Vacation Leave:
(a) Vacation leave may be used for the following purposes:
(1) vacation;
(2) absences from duty for transaction of personal business, which cannot be
conducted outside of working hours;
(3) religious holidays not designated as official holidays;
(4) medical leave if sick leave balance has been exhausted; and
(5) any other absences not covered by existing leave provisions, at the
discretion of the Employer.
(b) Any employee who becomes ill while on vacation leave may substitute accrued sick
leave for vacation leave for the period of illness. The employee must submit a written
request to the appropriate Department Head along with, medical certification from the
attending physician as to the nature and duration of the illness.
(e) Employees will not be allowed to carry over from one fiscal year to the next mom than
two (2) years' worth of accrued vacation leave. If during the year the employee accrues
more than two (2) years' worth of vacation leave, they will have until the last full pay
period of the fiscal year to bring their time balances down to the two (2) year maximum.
If the employee does not bring the time balance down to the two (2) year maximum by
the last full pay period of each fiscal year, they will forfeit all hours in excess of the two
(2) year maximum carryover. After September 30s' vacation leave will go back to the
maximum accrued. Proper documentation signed by the employee's Department Head
will be forwarded to the Administrative Services Department where it will be kept on file
indicating the reasons for not granting the requested leave.
(d) Vacation Leave Cash -in
Employees will not have the option of cashing in vacation.
(e) When an employee is on an approved vacation leave and is called in to work during their
normally scheduled working hours, thew leave banks will only be reduced by the number
of hours they were off work The employce's rate of pay for hours worked will be the
overtime rate of I K. H the employee works beyond thew normally scheduled hours, then
overtime provisions will apply for those hours. -
1 1.5: Senaration from Emolovment,
(a) Upon retirement, resignation, or other separation from City service, all regular full-time
or regular part-time employees that are no longer on probation and who were hired prior
to October 1, 2011 shall be entitled to be paid for all of his/her unused accrued balance of
vacation leave at the rate of base pay received by the employee on the date of separation.
(b) Upon separation from employment in good standing (resignation or retirement with a
two -week notice or medical separation)all regular full-time or regular part-time
employees that are no longer on probation and hired after October 1, 2011, shall be
19
entitled to be paid for a percentage of his/her accrued balance of vacation leave up to a
maximum of 400 hours. The percentage is as follows:
If separated before completing fast year
- 0%
1 Year but less than 5 Years Completed
- 25%
Over 5 Years of Completed Service
- 50%
ARTICLE 12
GRIEVANCE PROCEDURE
12.1: The procedure set forth in this Article shall be the exclusive method for resolving PEA and
employee grievances. Grievances are defined as disputes concerning the interpretation or
application by the Employer of the terms of this Agreement Oral reprimands are not grievible
except those documented and placed in the member's personnel file.
12.2: Most grievances arise from misunderstandings or disputes, which can be settled promptly and
satisfactorily on an informal basis at the immediate supervisor level. The Employer and PEA
agree that every effort will be made by management and by the grievants) to settle
grievances at the lowest level possible.
12.3: GenemlProvisions:
(a) All references to days in this procedure are to work days. The time limits specified in
this Article may be extended by mutual agreement in writing of the parties.
(b) Time is of the essence in this procedure. Although any time limit may be extended by
mutual written agreement of the grievant(s) and the City, the failure of the grievant(s) to
observe the applicable time limit, shall constitute an abandonment of the grievance,
absent a mutually agreed extension.
(c) Request to bypass any steps will be in writing and must be approved by the City Manager
or his designee.
12.4: educe:
Stan 1. Step 1 is initiated by the employee or PEA Representative filing with the Department
Head a written grievance on the standard grievance form, attached as Appendix A. This
must occur within ten (10) days of the occurrence of the event(s) which gave rise to the
grievance or from the date on which the grievant became aware of the cause of the
complaint. If the event(s) occurred during the time when the employee was on paid leave,
the ten (10) day period shall commence running immediately upon return to duty. The
Department Head shall schedule a grievance meeting with the grievant within five (5)
days of the submission of the written grievance. Within five (5) days after the grievance
meeting, the Department Head shall issue a written decision concerning the grievance. If
the grievants) is not satisfied with the Department Head's decision, or if no decision is
issued within the time allotted, the grievants) may appeal to Step 2.
Step 2. Within five (5) days following the date of the Step 1 decision or the date on which it was
due, whichever is earlier, the grievant(s) or PEA Representative may file a written appeal
to the - HR Director, attaching a0 applimble grievance documents. A grievance meeting
shall be scheduled within five (5) days following receipt of the Step 1 appeal. At such
20
meeting, the grievant(s) may present evidence and argument in support of the grievance.
Within five (5) days of the grievance meeting, the - FIR Director shall issue a written
decision concerning the grievance. If the grievant(s) is not satisfied with the HR
Director's decision, or if no decision is issued within the time allotted, the grievant(s)
may appeal to Step 3.
Step 3. Within five (5) days following the date of the Step 2 decision or the date on which it was
due, whichever is earlier, the grievant(s) or PEA Representative may file a written appeal
to the City Manager. The City Manager will review all pertinent information and may
schedule a hearing including due process for name clearing hearings and issue a decision
within five (5) days of the hearing or five (5) days of receipt of the Step 2 appeal. If the
issue falls within the range of minor disciplinary action, i.e., any discipline less than
suspension without pay, the City Manager's decision shall be final and binding upon the
Employer and upon the grevant(s). In all cases other than minor discipline and
performance evaluations, if the grievant(s) is not satisfied with the Step 3 decision, the
grievant(s) may invoke the arbitration procedure of Step 4.
Step 4. The grievant(s) or PEA Representative may invoke arbitration by seeding written notice
to the Employer within ten (10) days of the date the Step 3 decision was issued or the
date, on which it was due, whichever is earlier. Invocation of arbitration by the
grievant(s) will not preclude settlement of the grievance at any time prior to the issuance
of an arbitrator's award.
12.5: The parties will attempt to agree upon a mutually agreeable impartial arbitrator. I� however, this
cannot be done within seven (7) days following the Employers receipt of the grievant(s) request
for arbitration, representatives of the Employer and the grievant(s) shall jointly submit a written
request to the Director of the Federal Mediation and Conciliation Service (FMCS) for a list of
seven (7) professional arbitrators. Upon receipt of the list, representatives of the Employer and
grievant(s) shall meet within ten (10) days and, beginning with the grievant(s), each shall
alternately strike, one at a time, until only one (1) name remains on the list. The person whose
name remains on the list shall be the arbitrator, and the parties shalljoimly notify the arbitrator of
his/her selection. Either party may object to all names on the list, provided that objection is made
prior to the commencement of the striking process. If this happens, a second joint request for a
list will be made.
12.6: All arbitrations arising under this Agreement shall be conducted at City facilities within the City
of Sebastian and in accordance with the following rules:
(a) The arbitrator shall have jurisdiction and the authority to decide a grievance properly
brought before him/her.
(b) The arbitrator shall have no authority to change, amend, add to, subtract &oar, or
otherwise alter or supplement this Agreement or any part thereof or any amendment
thereto.
(c) The arbitrator may not issue declaratory options and shall confine himself/herself
exclusively to the question, which is presented to himher. The arbitrator shall not have
the authority to determine any other issues not submitted to him/her.
(d) Except in the case of termination as disciplinary action, the arbitrator shall not substitute
his/her judgment as to the wisdom or the degree of severity of disciplinary action
imposed on any employee by the Employer. The arbitrators inquiry shall be limited to
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whether the Employer possessed evidence of misconduct before imposing the discipline
ultimately imposed. In the event of the arbitration of a grievance arising out of the
discharge of an employee, the arbitrator is empowered to either sustain the discharge or,
if he/she does not, he/she is empowered to reinstate the employee with or without back
pay, in whole or in part, as the circumstances warrant. Any award of back pay shall be
reduced by any unemployment compensation or other compensation the employee may
have received.
(e) The fees and expenses of the arbitrator will be paid by the losing party. Each party shall
bear the cost of its own witnesses and representatives. Any party requesting a transcript
will bear its cost, unless otherwise agreed.
(t) Copies of the Arbitratoes award, made in accordance with the jurisdictional authority
under this Agreement, shall be f umished to the parties within thirty (30) days of the
hearing, unless the parties mutually agree to extend the time limit, and shall be final and
binding on both parties.
ARTICLE13
HOLIDAYS
13.1: The following shall be paid holidays for all regular full-time and regular part-time employees
New Year's Day
Veteran's Day
Martin Luther King Jr.
Thanksgiving Day
President's Day
Friday after Thanksgiving
Memorial Day
Christmas Eve Day
Independence Day
Christmas Day
Labor Day
13.2: Generally, when a holiday falls on Saturday, the preceding Friday will be observed as the holiday.
When a holiday falls on a Sunday, the following Monday will be observed as the holiday.
However, on occasions, another day of observance may be more appropriate; in such instances,
the City Manager will establish the date and will notify all employees in advance. For 911
Emergency Dispatch Technicians, Holidays will be observed on the actual Holiday.
13.3: No regular full-time or pan -time employee shall receive pay for a holiday unless he/she is in an
active pay status or actually works his/her normal work schedule on the work day immediately
preceding and the work day immediately following the day on which the holiday is observed. For
purposes of this Article, "active pay status" also includes any approved leave with pay.
13.4: For holiday purposes, a holiday is defined as the employee's normal shift
13.5: If a full-time employee is scheduled to work on the day of a holiday they will have the option of
requesting overtime pay for the hours worked at the time it is earned or request compensatory
time in lieu of pay. The employee must notify their immediate supervisor in writing of thew
option no later than the last workday before the holiday. If the option is not presented to the
supervisor on or before the last workday before the holiday, overtime pay compensation will be
used
Eligibility:
A Temporary and seasonal employees are not eligible for holiday leave time.
B. Regular part-time employees working less than forty- (40) hours per pay period are not
eligible for holiday leave benelits.
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C. Regular part-time employees not scheduled to work are not eligible for holiday leave
benefits.
13.6 Employees not scheduled to work the holiday will receive straight time pay for their normal shift.
For example, if an employee is scheduled Tuesday thin Friday and the holiday falls on a Monday,
the employee would receive eight (8), ten (10) or twelve (12) hours of straight pay for the
holiday. The holiday pay would not be included as hours worked for the purpose of overtime
calculation.
ARTICLE 14
PROMOTIONS. TRANSFERS AND ADJUSTMENTS
14.1: Any employee who fulfills all applicable requirements for another classification with a higher
rate of pay may be promoted to that position. Vacancies in positions above the lowest rank in any
classification will be filled, as far as practicable, by the promotion of current employees. To this
and, all promotional opportunities will be posted in-house for five (5) days. Such vacancies may
also be advertised to the outside but in-house employees will be interviewed fast. A final decision
will be made only after any qualified current employee applicants have been interviewed. An
employee whose performance ratings were less than satisfactory is ineligible for promotion.
14.2: a) When an employee is promoted to a higher Grade position, his/her new rate of pay shall
at least be the minimum of the acting Grade applicable to the position. If the employee's
current salary is higher than the minimum rate for the position to which promotion is
made, the employee shall receive a 6% increase in pay from his/her current rate of pay.
Subject to the approval of the City Manager, a greater promotional increase may be
recommended by the Department Hand.
b) When an employee is adjusted to a lower paid position (voluntarily or through
disciplinary action), he or she will take a 3% reduction in pay per grade. In no case will
the salary be higher than the maximum rate of the newjob or shall any reduction result in
more than a nine percent (9%) decrease in salary.
14.3: The effective date of an employee's demotion. or promotion to a new job classification shall be
the employee's new classification anniversary date for the purposes of classification seniority
determination. The employee must serve a three (3) month probationary period in the new job
classification. 911 Emergency Dispatch Technicians will serve a one (1) year probationary
period. If at any time during the probationary period, the employee is found to be unqualified for
the position or incompetent to perform the duties of the new position, a transferred or promoted
employee shall be returned to thew former position at their former rate of pay. If no vacancy
exists, the employee shall be laid off in accordance with the provisions of Article S.
14.4: An employee may be transferred between departments when a vacancy exists in the same
classification and pay grade. Such a transfer does not affect employee's pay grade, pay rate, or
anniversary date, but is subject to the following conditions:
(a) The transfer must be approved by the City Manager.
(b) The employee must serve a three (3) month probationary period in the new assigned
department. 911 Emergency Dispatch Technicians will serve a one (1) year probation
period.
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(c) If at any time during the probationary period, the employee is found to be unqualified for
the position or incompetent to perform the duties of the new position, he or she shall be
returned to the position from which the transfer took place at their former rate of pay, if
there is a vacancy. If no vacancy exists, the bargaining unit member shall be laid off in
accordance with the provisions of Article 8.
(d) When them is a critical need for employee to work in a higher job classification, the
employee will receive the greater of a 3% increase to their regular hourly rate of pay (or
the minimum of the acting Grade) for each hour of work performed at the higher
classification. A temporary assignment means filling -in for a vacancy or for an employee
who is on vacation, in, has incurred a job related injury, on FMLA, in training or absent
from work for any other legitimate reason. Temporary assignments must be for three (3)
consecutive days or more. The employee who is working in the temporary higher job
classification will receive a 3% increase in pay (or minimum of the acting Grade) for all
time worked while in that temporary classification.
Ecuinment Schedule:
1) Maintenance Worker I- Will operate all equipment except, excavator, dozer,
and long arm mower.
2) Maintenance Worker H - Will operate all equipment except for excavator and
dozer.
3) Maintenance Worker III - Will operate all equipment.
(e) An employee may be assigned to a supervisor or exempt job classification for a
temporary period. The affected employee working a period of (3) three consecutive
workdays or more shall receive up to a six percent (6%) increase to their regular hourly
rate of pay (or minimum of the acting Grade, whichever is greater). The employee will
be entitled to receive the salary increase for all hours worked while in that temporary
classification.
(t) All Maintenance Workers are required to maintain a valid Commercial Driver License
(CDL) and are responsible for paying the cast of the renewal of their own driver's
license. A newly hired Maintenance Worker who does not have his CDL License has six
(6) months to obtain the license. If the license is not obtained within this timeftame but
he/she has documentation to prove he/she was net able to practice will have an additional
three months of probation to obtain the license. However, if he/she has had ample time to
practice and fails to obtain his/her license, he/she shall lose his/her position. If a
Maintenance Worker I hired prior to October 1, 2016 applies for any Maintenance
Worker II position or above and does not have his CDL License, he or she has 6 months
to obtain the license. If the license is not obtained, they will be returned to the
Maintenance Worker I position and forfeit any increase. After submittal of the document,
the City will reimburse the employee the difference between the base driver's license cost
and the CDL License and any of the endorsements, which the City requires. Maintenance
Workers without a CDL License shall not be eligible for promotion until they obtain their
CDL License.
14.5: To promote self-improvement initiatives the City agrees to pay employees obtaining an accredited
certification in their respective field an incentive pay. Once earned, the payment will be paid on a
bi-weekly basis ova 26 pay peril.
To continue receiving the incentive pay, Certification(s) most be presented annually by January
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It is the employee's responsibility to submit all Certificates and/or Degrees once they have ended
their one (1) year requirement and achieved a Satisfactory or better Annual Performance
Appraisal.
Certain Certifications require continued educational units; therefore, if the certification expires
and the requirements are not met, the incentive pay will be discontinued. However, if a0
requirements were met and a new Certificate is submitted, the incentive pay will continue.
Certifications eligible for payment include, but are not limited to the following.
❑ ASE Automotive/MedMeavy Truck certifications - $50 par certification, capped at $150
per year. Auto Technicians that obtain a Master's Technician designation will be eligible
for $500 annually. (Must receive a Satisfactory Performance review on 6 month
evaluation before receiving incentive pay.)
❑ Professional in Human Resources - $120 annually. (Must be employed one year before
receiving incentive pay.)
❑ Certification in Residential and Commercial Inspections - $50 per certification, capped at
$600. (Must receive a Satisfactory Performance review on 6 month evaluation before
. receiving incentive pay.)
❑ Insecticide spray license (one per department/division) - $120 annually. (Must receive a
Satisfactory Performance review on 6 month evaluation before receiving incentive pay.)
❑ Associates Degree from an accredited college - $600 annually, limited to one (1) per
employee, once Bachelor's degree has been attained, the $600 is forfeited in lieu of the
$I,200 annually. (Must be employed one year and receive Satisfactory Performance
review before receiving incentive pay.)
❑ Bachelor's Degree from an accredited college - $1,200 annually, limited to one (1) per
employee. (Must be employed one year and receive a Satisfactory Performance review
before receiving incentive pay.)
Other certifications may be submitted for consideration for incentive money. Upon approval of the
Department Head, Human Resources Director, and the City Manager, a dollar value consistent with the
above scale will be established. The employee most be receiving Satisfactory Evaluations or better to
receive incentive pay.
FEMA Courses are not eligible for incentive pay.
ARTICLE 15
GROUP INSURANCE
15.1:, During the tern of this Agreement, all employees who participate in the group insurance
coverage will pay twenty-five dollars ($25.00) per month towards the premium for group medical
insurance coverage. The City agrees to pay the remainder of the premium to provide individual
group insurance coverage to eligible employees.
15.2: In the event that the premium rate for dependent group insurance coverage increases, the
Employer agrees to notify the PEA as soon as is practicable. The PEA agrees that the Employer
may, at its discretion, obtain substitute insurance coverage by another plan
15.3: Any eligible employee who elects to participate in the group insurance dependent coverage
option plan will pay no more than sixty percent (60%) of the cost of the premium. The insurance
premium may change each fiscal year based on renewal rates. The employee shall pay any
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additional supplemental insurance that is optional coverage to the employee
15.4: If the group medical insurance is declined, the employee will receive $150.00 per month ($75
paid twice a month).
15.5: Employees who retire or leave the City with twenty (20) years or more of continued service are
eligible to continue their health insurance only for a maximum of 2 years and The City will pay
no less than forty (40%) of the costs of single group medical coverage. -This means the retired
employee who has 20 years of continuous service will pay no more than sixty percent (60%) of
the insurance premium for single coverage. The insurance premium may change each fiscal year
based on renewal rates. If the retired employee wishes to continue Dental, Vision and Life
Insurance for the 2 years, the retired employee will pay 100% of the cost. The Health
Reimbursement Account (HRA) is not part of the retirement insurance. .
ARTICLE 16
RF'MMENT CONTRI!UTIO
16.1: Effective April 29, 2001, the Emp�Oyer agrees to contribute to a CWA/ICLi Negotiated Pension
Plan (hereinafter sometimes referred to as the Plan) nine (9%) of an employee's earnings for each
employee covered by this Agreement, for purposes of providing pensions on retirement, death
benefits, and other related benefits for covered employees of the Employer and other contributing
Employers. The Plan is jointly administered by Trustees appointed in equal numbers by the
Union and Employers under an Agreement and Declaration of Trust, and has been found by the
Internal Revenue Service to be entitled to exemption under the Internal Revenue Code.
16.2: Contributions shall be paid to the CWA/ITU Negotiated Pension Plan, P.O. Box 2380, Colorado
Springs, Colorado 80901, no later than the 15' of the following month, together with reports on
forms to be furnished by the Plan or the employer's printout, if in an acceptable format. During
the effective period of this Agreement, this benefit will be paid monthly over a twelve (12) mouth
period, which will continue for the life of the Plan.
16.3: Title to all monies paid into the Plan shall be held exclusively by the Trustees in tout for use in
providing the Benefits under the Plan and paying its expenses.
16.4: The Employer shall supply to the shop steward (chapel chairman) the union representative's copy
of the Negotiated Pension Plan employer report forms or a copy of the Employer's printout forms
upon request.
Eligibility:
A Only regular full-time employees are eligible for inclusion in the CWA/IfU Negotiated
Pensionplan,
B. New regular full-time employees are eligible for entry into this Plan as of the first day of
the next full pay period following sixty- (60) days from their date of hire.
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ARTICLE 17
PERFORMANCE EVALUATIONS
17.1: Puroose:
The purpose of the performance evaluation program is to provide a consistent practice of
establishing written goals and evaluating the performance of the employee. It is needed to help
measure, improve, and reward employee performance, to assist departments and the Employer to
meet their goals.
17.2: Definitions:
A. Annual Performance Evaluation. The employee's performance is evaluated by the
supervisor no later than the first day of the month of his/her classification anniversary
date each year. The period of evaluation is the period of time since the employee's last
performance evaluation.
B. Snecial Performance Evaluation. Special performance evaluations are performed by the
supervisor any time during the year for special reasons; i.e. change in pay, promotion,
transfer, reassignment, etc.
17.3: Policy:
(a) Supervisors are to administer an employee's performance evaluation annually and special
performance evaluations more often, as appropriate. The performance evaluation consists of
evaluating previously agreed upon goals and objectives. The performance evaluation is to be
used as a management tool to assist, motivate, and strengthen the employee. -
(b) Where there is a difference of opinion concerning a performance evaluation between the
supervisor and the employee, the employee will have the opportunity to express their
differences in writing to the supervisor and the supervisor's evaluator. If the issue bas not
been resolved at this level, the employee may activate the employee grievance procedure
within the timeframes established in Article 12.
(c) Employees rated unsatisfactory are not eligible for- increases or promotions.
(d) Employees rated unsatisfactory will be put on a 1 to 3 month's Performance Improvement
Plan (PIP). A monthly evaluation will be conducted. If the employee doesn't improve within
the three months, the employee will receive a final written warning, suspension, or dismissal.
(e) Employees who receive an unsatisfactory rating for two (2) consecutive annual evaluations or
special performance evaluations may be terminated from employment for cause.
17.4: Statement ofPhilosonhw
Both the City of Sebastian and the PEA believe that the purpose of the performance evaluation
system includes the following:
a) to clarify both management's goals for the position and the employee's goals;
b) to monitor the employee's achievements and to review areas of needed improvement; to
make recommendations for improvement and establish time frames to achieve the
recommended improvements.
c) to facilitate communication between supervisors and employees about the employee's job
duties and establish a framework for open, concoctive feedback;
d) to encourage and develop time line plans for employee development, growth and
improvement.
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17.5: Emolovee Evaluations:
Performance evaluations for each employee shall be submitted once each year wing a City of
Sebastian performance evaluation form. Employees shall be evaluated by their appropriate
administrator/supervisor. Employees shall be given a minimum of three (3) workdays notice prior
to the evaluation meeting. At the time of such performance evaluation, the employee's specific
job duties, job description, and performance shall be reviewed by both the employee and the
supervisor to discuss patterns of performance for the past year and expectations or recommended
plans for improvement for the upcoming year. Each employee has the right to add written
comments regarding the performance evaluation on the performance evaluation form, at the time
of any review, and subsequently if any changes are made. The employee's signature on the
performance evaluation form signifies that the performance evaluation has been reviewed with
the employee, but does not signify that the employee agrees with the evaluation.
The employee most sign all documents (i.e., Performance Reviews, Disciplinary Action, etc.) that
we placed in the employee's personnel file whether the employee agrees or disagrees with the
document to signify the employee has seen and discussed said document. If the employee does
not sign the document they will be subject to disciplinary action up to and including termination.
Each employee shall have the right to see any changes, deletions, or additions to the performance
evaluation made by the immediate supervisor, a higher supervisor, department head, or
administrator. Such changes shall be discussed with the employee. The employee shall be
provided with a copy of the completed performance evaluation once it has been signed by all
parties in the chain of command. The performance evaluation shall be placed in the employee's
official personnel file. Any performance evaluations, which are not in the official file, shall not
be part of the official record of the employee in considering discipline or future performance
evaluations. Employees have the right to review their official personnel file upon and with proper
notification.
17.6: Prohationary Period:
Each new employee shall serve a probationary period of six (6) months, which is an extension of
the selection procedure. The probationary period is to give the employee an opportunity to
demonstrate his or her ability to perform the duties of the position. The City may extend the
probationary period for up to six (6) months beyond the classification date in order to allow the
employee the opportunity to correct deficiencies in his or her performance. Any absences
without pay and absences covered by Worker's Compensation shall automatically extend the
probationary period in accordance with Article 8. 911 Emergency Dispatch Technicians will
serve a one (1) year probation period.
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ARTICLE
SAFETY
18.1: The City and the PEA agree to continue meeting with the established Joint Safety Committee to
ensure continuing, on-the-job safety in the performance of public services. The Committee shall
be chaired by the Human Resources Director, or designee, and up to three (3) members will be
selected by the Human Resources Director and up to three (3) members selected by the PEA.
182: The Safety Committee shall meet regularly, as it may determine, to consider methods of
maintaining and improving job related safety. The Committee shall make recommendations by a
majority vote for safety maintenance and improvement, which shall be given due consideration
by the Employer. Written response must be made by the Human Resources Director to the
committee within twenty caleadar (20) days of receipt of any written requests made by the Safety
Committee. Such requests will be approved by the majority vote of the Safety Committee prior
to being submitted to the Human Resources Director.
18.3: The Employer and the PEA recognize the mutual responsibilities of management and employees
to promote a safe work place and agree to cooperate in maintaining City equipment and facilities
in safe conditions.
18.4: The Employer agrees to make copies of the City Safety Manual available to all employees to
review.
18.5: Any employee who as a result of an act or by way of their own negligence and/or in violation of
established safety standards and policy of the City causes damage to, or destruction of, property
of the City without substantial justification or excuse shall be subject to progressive discipline
action, up to and including termination. Additionally, the employee may be liable for up to the
full cost of replacement or repair of the damaged or destroyed property. The provision of Article
19, Section 19.1 will apply.
18.6: Safety Glasses:
a. With the prior approval of the employee's Department Head, the City shall pay for one
(1) pair safety glasses. Where prescription safety glasses are needed, the employee, in
conjunction with the City's Vision Care Plan, shall receive an eye examination not more
than once every twelve (12) months. The employee shall pay the deductible to the doctor
for the eye examination. The City shall pay for the cast of the first pair of safety frames
and safety lenses for those employees required to wear prescription safety glasses not to
exceed one hundred ($100) dollars.
The City will also pay for the replacement of safety lenses due to on the job breakage or
prescription changes, as needed. An incident report most accompany this request, which
details how the breakage occurred. The report most be signed by the employee's
immediate supervisor before being submitted. If the breakage was a result of the
employee's negligence, the employee will pay the full cost of the replacement.
Additionally, the employee may be liable for up to the full cost of replacement or repair
of the damaged or destroyed property. The provision of Article 19, Section 19.1 will
apply.
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18.7: Workers' Compensation:
Any regular full-time employee who sustains a temporary disability as a result of and arising out
of employment by the City as provided by the Worker's Compensation Law of the State of
Florida, shall, in addition to the benefits payable under the Worker's Compensation Law be
entitled to the following:
A During the first eighty (80) working days of such disability, the employee shall receive net
supplemental injury pay based upon his/her normal base pay reduced by the Worker's
Compensation indemnity payment. The supplemental pay will be based on the following:
a. WC Physician states Employee unable to work or City cannot provide limited duty
work— City will pay full 1/3 of supplemental pay.
b. WC Physician states Employee can perform Limited duty but Employee's second
opinion states Employee cannot work, Employee pays 1/3 of Supplement.
c. City provides limited duty work but Employee declines, City does not pay the 1/3
supplemental pay. Employee will pay the 1/3 supplemental pay.
In the event the employee is absent for the fnst seven (7) days of a work injury, the employee will
reimburse the City for the first seven days after they receive the WC payment.
B. The employee may utilize any seemed sick or other paid leave in order to receive supplemental
pay based upon his/her nomud base pay reduced by Worker's Compensation indemnity payment
until such sick or other paid leave is exhausted. Upon exhaustion of all paid leave, the City may,
at its discretion, grant an unpaid leave of absence to the employee for a period act to exceed one
year.
C. If the employee an no longer work and continues to be on Worker's Compensation after the 90'
day, the employee will apply for Long Term Disability; however, the employee will not be
medically temdnated until the physician states them is a permanent impairment remaining after
the employee (claimant) has reached Maximum Medical Improvement rating or one year as stated
in section 18.7B. (MMI stands for Maximum Medical Improvement. It is defined as the point at
which an injured worker's medical condition has stabilized and further functional improvement is
unlikely to allow the employee to meet the essential job functions, despite continued medical
treatment or physical rehabilitation.)
D. If any employee, due to an on-the-job. injury, is temporarily or partially disabled from performing
the duties of his/her classification, but is determined to be able to perform light duly by a
physician designated by the City, the employee may be required to perform such duty or lose the
supplemental injury pay. Assignment to light duty shall be considered a temporary assignment,
without reduction in pay. Such a reassignment shall be to other duties commensurate with
medical and mental fitness, subject to availability of suitable work, and the employee's
qualifications for the position. However, an employee shall not be permitted to continue in a light
duty position after reaching his/her maximum medical improvement or for a period that exceeds
one year.
E. Any employee who suffers an employment connected injury may be required by the City to be
examined every twenty (20) working days by a medical doctor, specified and provided by the
City, who shall determine the employee's condition and fitness for full or partial renun to duty.
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F. No employee will be entitled to the supplemental injury pay described herein if the injury
suffered has been determined to have been the result of intentional self -infliction or where the
disability or illness continues as a result of the employee's failure to cooperate with medical
advice or corrective therapy.
G. While receiving employment connected disability benefits, an employee shall be entitled to all
benefits, which he/she would normally, receive pursuant to his/her employment with the City
except additional accruals of sick and vacation leave.
H. Any covered employee receiving proceeds from a disability insurance policy and Worker's
Compensation indemnity payments shall not be allowed to use paid leave, such that they receive a
total amount of more than his/her normal take home pay.
18.8: Work Boots/Shnes:
(a) The City will provide those employees required to wear safety boots/shoes as a part of their
job function one hundred and twenty dollars ($120) per fiscal year, payable to the employee
the first full pay period in October of each year. Any employee receiving this benefit will be
required to wear the safety boots/shom at all times while performing their Cityjob functions.
If an employ" begins employment after the first full pay in October, the boot allowance will
be prorated by $10.00 per month. Safety booWshoes must meet the requirements as
established by the department.
(b) The City will also pay for the replacement of safety boots/shoes due to on the job damage
caused as a result of an accident. An incident report must accompany this request, which
details how the damage occurred. The report must be signed by the employee's immediate
supervisor before being submitted. If the damage was a result of the employee's negligence,
the employee will pay the full cost of the replacement and may be subject to disciplinary
actions as stated in section 18.5 of this Article.
(c) if the employee provides medical documentation signed by an attending physician stating that
they cannot wear the safety boots/shoes due to a medical condition they will not be required
to wear the safety boots/shoes. The employ" will also be exempt from the benefit provision
as stated in section 18.8 (a) of this Article and will not receive the $120 annual disbursement
for safety boots/shoes.
18.9: If the employee does not complete the six (6) month probationary period for any reason, the
amount reimbursed for the work boots/shoes shall be deducted from the employee's last pay
check which will reflect the actual expense incurred by the city for the purchase of the work
boots/shoes.
ARTICLE 19
DISCIPLINARY ACTION
19.1 In the event an employee is discharged, suspended without pay, or demoted for disciplinary
reasons, the City agrees that he shall be provided with written notification of the action. This
notification shall be hand delivered to the employee or sent by certified mail, return receipt
requested, to the address in the City Administrative Services Department records.
19.2 Except in extraordinary circumstances, before the employee is discharged or suspended without
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pay for disciplinary reasons, the notification described in Section 19.1 will be provided to the
employee in advance of the action so as to give the affected employee an opportunity to present
his position.
19.3 No employee shall be disciplined except forjust cause.
19.4 No discipline, except termination, shall become effective until such time that the employee has
exhausted the appeal process or until such time for an appeal has expired, as described in Article
12.4.
ARTICLE 20
SALARY
20.1 For the first year of this Agreement (October 1, 2019 through September 30, 2020) bargaining
unit members shall receive a wage increase of no less than two (2) percent (251a) of the
employce's hourly wage.
20.2 The parties shall open this section in the second year of this Agreement (October 1, 2020 through
September 30, 2121) in order to collectively negotiate a potential change in wages. Any change
in wages most be duly ratified by both parties.
20.3 The parties shall open this section in the third year of this Agreement (October 1, 2021 through
September 30, 2022) in order to collectively negotiate a potential change in wages. Any change
in wages must be duly ratified by both parties.
ARTICLE 21
SUBSTANCE ABUSE TESTING
21.1 The City and the PEA agree to abide by a Drug Free Workplace as provided for in Florida
Statues.
21.2 An employee subject to drug testing for reasonable suspicion shall be placed on administrative
leave with pay pending the laboratory results of the test.
21.3 Employees agree to participate in a random drug screening.
ARTICLE 22
UNIFORMS
22.1: The City shall provide and maintain uniforms to all employees who are required to wear them
222: ALL issued uniforms and equipment must be returned to the City. Failure to return issued
uniforms and equipment will result in the employee paying for the actual cost incurred by the city
for the purchase of said uniforms.
22.3: Any employee assigned a uniform will be required to wear the uniform at all times while
performing his or her job functions. The City uniform shall not be worn at my other time or for
any other reason.
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22.4 Employees in the position of Code Enforcement Officer(s) and Evidence Technician(s) will
receive $45.00 par month for uniform cleaning.
22.5 The Employer may also provide standardized polo shirts or other selected articles of clothing to
certain employees, as a means to easily recog ain they work for the City or for other purposes the
Employer deems beneficial. As such articles are the responsibility of the employee to maintain
and are not required to be returned to the City. Since they can also be wom off the job, they are a
taxable benefit in accordance with IRS Rules.
ARTICLE 23
EDUCATION REIMBURSEMENT
Reimbursement of education expenses by the City of Sebastian for approved educational or training
programs will be in conformance with the following:
23.1: Eligibility for Participation in Tuition Payment Plan — All regular full-time employees are
eligible for participation in the City's Tuition Payment Plan up to the limit of the funds
available for education. This program is available only to employees who have successfully
completed one-year of employment or probationary period.
23.2: Tuition Payment Plan — The City of Sebastian will, upon approval of the City Manager and the
Human Resources Director, pay a percentage of the tuition based on the course grade achieved
of regular full-time employees for any eligible training or educational program/course. An
eligible training or educational program/course is one that, in the judgment of the Hunan
Resources Director and the City Manager is directly related to the employee's curem position
or to a related higher position, and which will improve performance in a current position or
which constitutes preparation for promotion to related higher responsibilities. Post graduate
(ex. Master's, Doctorate, etc.) programs are not included within the tuition payment plan.
The Tuition Reimbursement Plan is as follows:
Grade %Paid
A 100%
B 90%
C 75%
P-Passing or SSatisfactory (No grade issued) I00%
23.3: Application Procedure — An employee desiring to participate in the City's Tuition Payment
Plan shall submit an application fifteen (15) working days in advance to their Department Head
requesting approval for Plan participation. If the Department Head recommends the education
program, it will be forwarded to the Human Resources Director and City Manager for final
approval.
23.4: Course Completion — If the employee achieves a grade of "C" or better in a course which is
graded -- or if the employee receives a "pass" in a course which is graded on a pass/fail basis —
he/she will submit an official copy of his/her grades along with proof of his/her payment for
tuition, required books, or lab fees to the Human Resources Director. Reimbursement for
tuition shall be made in accordance with City policy for reimbursements. The employee's
personnel record will be documented with his/her education achievement. Textbooks shall
33
become City property at the completion of the course and turned over to the Human Resources
Director or his/her designee.
23.5: Transportation — Transportation under the Tuition Payment Plan shall be at the employee's
expense.
23.6: The reimbursement shall be available for a maximum total of twenty -for (24) semester hours or
thirty-two (32) quarter hours in any one (1) fiscal year period for eligible employees pending
budget authorization and availability of funds. The maximum tuition rate to be reimbursed for
participating in the City's Tuition Payment Plan for college -level courses is that established
annually by the State Legislature for state supported schools. Should an employee select to
attend a non -State school, hdshe is responsible for the difference in tuition. Any employee
receiving a scholarship or grant for education will not be eligible for education reimbursement.
23.7: Service Requirement —Employees who are reimbursed for such courses, agree to remain
employed by the City of Sebastian for at least two (2) years after completion of the course(s).
Should an employee leave the City service within two years after completion of the course(s),
he/she most return any payments to the City or it will be deducted from his/her fatal paycheck
23.8: City Mandated Education Coursm— If the City requires an employee to attend an educational
course, seminar or conference, the City shall pay tuition, transportation, and meals and lodging
in accordance with the City's Travel Policy.
ARTICLE 24
CLASSIFICATION AND COMPE1�jSATION PLAN
LONGEVITY AW
24.1 A Classification and Compensation Plan shall be used to administer the established pay rates of
employees, attached as Appendix B. This shall be updated and corrected as needed by the Human
Resources Director to reflect the approved pay classifications and scale within pay classifications
for all positions. Employees shall be paid in accordance with the Classification and Compensation
Plan. The City Manager is responsible for the proper and continuous maintenance of the
classification and compensation plan so that it will reflect on a current basis the duties being
performed by each City employee. The Human Resources Director shall recommend to the City
Manager and the CFO/Administmtive Services Director any necessary amendments to the plan in
the form of new classes and the abolishment of classes no longer required in the plan. Any
changes made to the plan will require a study of the new or outgoing position. The Classification
and Compensation Plan will be reviewed annually and based on local, regional or in some cases
national information, appropriate changes in the allocations to the Classification and
Compensation Plan will be made. Human Resources Director will notify the PEA of any change
to ajob description(s).
24.2 If an employee changes job classifications, his or her job classification anniversary date will
change, effective the date of the promotion or demotion.
24.3: Longevity Pay: Longevity pay will be awarded according to the following:
A. Employees, after having completed ten (10) years of continuous service with the City,
will receive an increase in their base pay of five (5%) percent. The five percent increase
will be added to their base pay effective the date of their ten-year anniversary date.
B. Employees, after having completed fifteen (15) years of continuous service with the City,
will receive an increase in their base pay of five (5%) percent. The five percent increase
will be added to their base pay effective the date of their fifteen -year anniversary date.
34
C. Employees, after having completed twenty (20) years of continuous service with the City,
will receive an increase in their base pay of five (5%) percent. The five percent increase
will be added to their base pay effective the date of thew twenty-year anniversary date.
D. Employees, after having completed twenty-five (25) years of continuous service with the
City, will receive an increase in their base pay of seven and one-half (7.5°%) percent. The
seven and one-half percent increase will be added to their base pay effective the date of
their twenty -five-year anniversary date.
E. Said adjustment(s) will be based on the employee's original date of hire regardless of the
broadbanding wage percentage the bargaining unit member is in at the time he or she
attains the required number of years.
F. Employees in a part-time or temporary status at the time of their relevant anniversary date
will not be eligible for longevity increases.
G. Employees in a probationary or suspension status for more than 6 months due to a
demotion or transfer for disciplinary reasons shall not begin receiving longevity pay
increases until they are no longer on probation or suspension Any pay increase will not
be retroactive.
ARTICLE 25
SECONDARY EMPLOYMENT
25.1 Outside Employment shall be controlled by the City's Standard Operating Procedures —
Secondary Employment. All Police Department Employees will also follow the Police
Department Standard Operating Procedures (SOPS).
No City Uniform shall be wom or any City equipment used.
All Outside Employment must be approved annually. Forms must be submitted by
January 1516
ARTICLE 26
26.1 D any Article of this Agreement (or any Section thercoi) should be found invalid, unlawful, or not
enforceable by judicial authority or by reason of any existing or subsequently emitted legislation,
all other Articles and Sections of this Agreement shall remain in full force and effect for the
duration of this Agreement.
26.2 In the event of the invalidation of any Article or Section of this Agreement, the City and the PEA
agree to meet within thirty- (30) working days to discuss replacement of such Article or Section.
ARTICLE 27
COUNSELING
27.1 The City will make available to the employees the services of a psychologist or qualified
counselor approved by the City for the purpose of helping the employee deal with an "aftermath"
of an incident that may be emotionally disturbing. This service will be paid for by the City.
35
ARTICLE 28
TERM OF AGREEMENT
This Agreement shall become effective upon the daze of ratification by the parties and shall remain in full
tome and effect until 12:00 midnight on September 30, 2022.
In witness Whereof; the parties hereto have entered into this Agreement on this j9 day of
SW 03 E2 2019.
COASTAL
/FLLORrDA PEA CITY OF SEBASTIAN. FLORDIA
Chief Negotiator City Manager
Naicmt Charles
CFPEA Representative
A FST:
ette Wams
ity Clerk
36
Kenneth W. Killgore
CFO/Administrative Services D' r
at
C 'a Watson, MPAIS, PHR
H t Resources Director
PRRf7AS TO FORM:
ammmes Stokes
City Attorney
APPENDIX A
GRIEVANCE FORM
(Type or Print Clearly in Ink)
NAME OF GRIEVANT:
DATE GRIEVANCE OCCURRED:
A. Give Article(s) and Sections(s) of Contract which Grievant claims were violated:
B. State concisely facts relied on by Grievant:
C. State relief requested by Grievant:
Signature of Grievant
Signature of Union Representative
for Grievant
Date Submitted
37
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1J1 J Please name your benetidaryl
BENEFICIARY FORM It a benefetary is not named, benefi's x ill be I(
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Name Dale of R1M Scc61 Sezlrity Number
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