HomeMy WebLinkAboutR-01-24
RESOLUTION NO. R-Ol-24
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
AUTHORIZING CITY MANAGER TO EXECUTE COLLECTIVE
AGREEMENT WITH BARGAINING UNIT OF THE CW A FOR TWO
AND ONE-HALF YEAR PERIOD; PROVIDING FOR CONFLICT;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Communications Workers of America (CWA) 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 and the Bargaining Unit have negotiated a new
agreement supplanting and superceding the prior agreement and covering the period from
April 1, 2001 through September 30,2003; and
WHEREAS, the Bargaining Unit of the CW A has voted unanimously to ratify
said Agreement;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF SEBASTIAN, as follows:
Section 1.
AUTHORlZA nON.
The City Manager IS hereby
authorized on behalf of the City to execute the attached Collective Bargaining Agreement
between the City of Sebastian and the Communications Workers of America, AFL-CIO,
as the employment agreement for the bargaining unit employees for the period from April
1,2001 through September 30,2003.
Section 2.
CONFLICTS.
All resolutions or parts of resolutions in
conflict herewith are hereby repealed.
Section 3.
EFFECTIVE DATE.
This resolution shall take effect
immediately upon its adoption.
The foregoing Resolution was moved for adJ.lltion by Councilmember ~.
The motion was seconded by Councilmember ~[)7L and, upon being put into
a vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor Ben A. Bishop
Councilmember Joe Barczyk
Councilmember James Hill
Councilmember Edward 1. Majcher, Jr.
The Mayor thereupon declared this Resolution duly passed and adopted this 28th day of
March, 2001.
CITY OF SEBASTIAN, FLORIDA
By:
ATTEST:
. ~a. M~
Sally . aio, CMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
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CITY OF SEBASTIAN
and
COMMUNICATION
WORKERS OF AMERICA
(LOCAL 3180)
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COMMUNICATION WORKER'S OF
AMERICA (CW A)
TABLE OF CONTENTS
ARTICLE
TITLE
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Agreement
Preamble
Union Recognition
Management's Rights
Bargaining Unit Representatives
Dues Deduction
Rights of Employees
No Strike
Hours ofWorklOvertime
SeniorityILayo:ft7Recal1
Miscellaneous Paid Leave
Sick leave
Annual Leave
Grievance Procedure
Holidays
Promotions, Transfers, and Adjustments
Group Insurance
Retirement Contribution
Performance Evaluations
Safety
Disciplinary Action
Salary
Substance Abuse Testing
Uniforms
Tuition Reimbursement
Merit/Step Pay Plan
Severability
Term of Agreement
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Pa~e
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5
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7
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AGREEMENT
Section 1
This Collective Bargaining Agreement ("Agreement") is entered into by the City of
Sebastian, Florida ("City" or "Employer") and Communications Worker's of America,
AFL-CIO, ("CW A"), and has as its purpose the promotion of harmonious relations
between the City and CW A; 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,
Upon the effective date of this Agreement it shall supersede and supplant that certain
Agreement between the parties dated September 9, 1998.
Section 2
Throughout this Agreement masculine gender pronouns 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 fulfUled 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 accruing or expected to accrue to the parties hereto and those covered by this Agreement by reason
thereof, and said parties hereby agree as follows:
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ARTICLE 1
UNION RECOGNITION
1.1: The City recognizes the CW A 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 hourly
employees (excluding temporary 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.
POSITION CLASSIFICATIONS
Account Clerk I
Account Clerk n
Account Clerk ill
Administrative Assistant
Administrative Secretary
Assistant Golf Pro
Benefits Specialist
Building Inspector I
Building Inspector II
Building Maintenance Supervisor
Cashier
Cemetery Supervisor
Clerical Assistant I
Clerical Assistant n
Code Enforcement Officer
Communications Supervisor
Communications Technician
Computer Operator
Construction Inspector
Engineering Technician
. File Clerk
Fleet Maintenance Supervisor
Golf Course Cart Attendant
Golf Course Starter Ranger
Head Cashier
Head Mechanic
Human Resources Specialist
Information Specialist
Maintenance Worker I
Maintenance Worker II
Maintenance Worker ill
Mechanic
Parks Foreman
Parks Supervisor
Records Retention Clerk
Records Supervisor
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Roads and Drainage Supervisor
Traffic Technician
Zoning Technician
ARTICLE 2
MANAGEMENT RIGHTS
2.1: The management of the City and the direction of the workforce is 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 for just cause and to relieve employees from
duty because of1ack 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
3.1: The CW A, upon the presentation of Application for Membership form (Appendix B) dues deduction,
duly executed by the individual employees covered by this Agreement, shall be entitled to have such
employees' membership du~ or service fee deducted from their paychecks on a semi-monthly (twenty
four (24) times per year) basis and remitted to the CW A. As assignment of wages/dues deduction may
be canceled by the employee on thirty (30) days written notice to the City and to the CW A.
3.2: The City agrees to provide suitable bulletin board space on existing or new bulletin boards in convenient
places for posting of official CW A notices. The parties agree that the usage of such bulletin boards will
be to promote Employee-Employer relations, as well as keep the members of the CW A informed of its
representation activities, All notices shall be signed by a duly authorized CW A representative, Any
other notices, including any notices containing infonnation other than purpose, date, time and place, may
be posted on the designated CW A bulletin board only with the approval of the Employer,
3.3: The City will permit the CW A to maintain an official mailbox at various work sites, The mailboxes will
be provided by the CW A. Mail delivered to these mailboxes will be delivered unopened.
3.4: The City will allow the CWA a reasonable opportunity to meet with new employees covered
by the agreement at the conclusion of new employee orientation for the purpose of briefing the
employee on this Agreement and the Bargaining Unit's programs and benefits.
3,5: The CW A shall appoint one (1) bargaining unit member for each of the departments to represent the
CW A as the Steward for all the bargaining unit members in those departments, The Steward shall be
a regular full-time City employee on payroll status and shall be responsible for labor relations activities
associated with the administration of this Agreement on a full-time basis. Furthermore, he or she shall
be responsible for the coordinating and processing of grievances for all CW A members, and shall
conduct activities to avoid overlapping or duplicating services of any other bargaining unit
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representative. These activities shall be conducted without disrupting the work of other City employees
who are not directly involved.
3,6: The City shall grant, after the request for administrative leave has been approved by the affected
department head. attendance ata regularly scheduled CW A convention and/or conference for regular
full-time employees officially designated as CW A Delegates during anyone (1) calendar year. Local
Delegates shall be approved for not more than three (3) days administrative leave for attendance at such
conventions and/or conferences, and such leave shall not be unreasonably withheld.
3.7 Additionally, employees who are du1y elected CW A Stewards, Local CW A Bargaining Unit
Officers, (President, Vice-President, Secretary and Treasurer), Local CW A Bargaining Unit
Board Members (up to 3 such members per Local) and Executive Board Members shall be approved
for not more than three (3) days administrative leave per calendar year to attend official CW A sponsored
training classes, The names of such bargaining unit representatives will be provided in writing to the
Department of Human Resources one (1) week after each bargaining unit election. In the event that
there are name changes made to this list during the life of this Agreement, the Department of Human
Resources shall be notified in writing within two (2) weeks of the effective date of such name changes,
3.8 When requesting leave under this Article, the CWA must adhere to the following procedures:
Not less than ten (10) working days before the event for which leave is requested, the Bargaining Unit
will provide to the Department of Human Resources a written request for the leave, indicating the
event and the date(s) it will take place, the amount of leave requested and the names of employees for
whom it is requesting administrative leave, noting their assigned department, and the capacity in which
they will be attending the event. The Department of Human Resources will forward the request to the
affected department head for approval. Such leave shall be approved subject to the operational needs
of the City, but approval will not be unreasonably withheld,
3.9: Employees elected to any CWA office of the Bargaining Unit or selected by the CWA to do
work which takes them away from their employment must request the approval from the City
at least two (2) weeks in advance of such unpaid leave, and the request shall stipulate the time
of such leave of absence. In no case shall such CW A business leave of absence exceed (3) three days,
The leave of absence may be extended for an additional (3) three days. by consent of the City in the same
manner as originally requested. Such approval shall not be unreasonably withheld. Under this section
the bargaining unit member may use at their discretion either accrued annual, personal, or compensatory
leave time.
ARTICLE 4
DUES DEDUCTION
4.1: Upon receipt of a stipu1ated lawfully-executed Assignment of WageslDues Deduction form,
attached as Appendix B,.from an employee, the Employer agrees to deduct the regular dues of the CW A
:from the employee's pay semi-monthly, Such dues will be remitted monthly to the Secretary-Treasurer
oftheCWABargaining Unit. The CWA 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 CW A, but in the event of direct revocation,
the CW A will be notified as soon as is practicable.
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4.3: The CW A agrees to indemnify and hold hannless the Employer, its agents~ employees and officials from
and against any claims~ demands, damages or causes of action (inc1uding~ 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 CW A dues. The CW A 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 or delinquent dues~ fines, penalties, or special assessments of the CW A .
4.5 An assignment of WageslDues deduction may be canceled by the employee upon thirty (30)
days written notice to both the City and the CW A.
ARTICLE 5
RIGHTS OF EMPLOYEES
5,1: The City and CWA agree that bargaining unit members 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 CW A 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.
52: CW A members are entitled to be represented by the CW A 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
NO STRIKE
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 empl()yees; 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 perlormance of the duties of
employment with a public employer for the pmpose 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 deliberate 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 CW A recognizes that strikes by public employees are prohibited by Article 1~ Section 6~
of the Florida Constitution and Section 447.505, Florida Statutes. The CW A agrees not to authorize,
instigate, or otherwise support a strike, as defined in Section 6.1 above.
6.3: The CW A recognizes that it - and all acting in concert with it -. shall be liable to the penalties
set forth in Section 447.507~ Florida Statutes, in the event ofa strike in violation of this Article,
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6.4: The CW A agrees that there shall be no strikes in accordance with Article 1, Section 6 of the
Florida Constitution and Section 447,505, Florida Statues, In the event of a strike, slow up,
work stoppage, or interruption due to informational pickets, the CW A 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, This Agreement shall become
null and void upon the occurrence of a CW A encouraged or sanctioned strike.
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 federa11aw, e.g, honking ofhoms, 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 deparbnent. This provision shall not be construed as a guarantee or limitation
of the hours to be worked per week.
(b) The basic work week 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) Bargaining unit members will be entitled to a one (1) hour meal break which will be
taken at the discretion of their immediate supervisor. Bargaining unit members will
also be entitled to two (2) paid fifteen (15) minute work breaks, one in the morning
and one in the afternoon. Bargaining unit members will be paid for an eight (8) hour
day.
Hours of Operation
1. Administrative bargaining unit members hours of work are from 8:00 a.m. to
4:30 p.m. Monday through Friday.
2, Non-administrative bargaining unit members hours of work are from 7:00 a.m.
to 3:30 p.m,
3, The hours of operation for both Administrative and Non-administrative bargaining unit
members may be changed from time to time at the discretion of the Deparbnent Head.
(e) The two fifteen (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.
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(f) The City will make a good faith effort to find WOlk for employees who want to continue working
when adverse weather conditions do not permit outside work. If no work is available, and based
on the employees job description, employees may use accrued vacation, personal, or
compensatory time, (if earned) to leave work for the remainder of the day.
7.2 Communications Division:
(a) The basic work period for all bargaining unit members assigned to the Communications
Division of the Police Department shall consist of the scheduled work period as described in
Section 7.1, Section (a) of this Article, Such unit members shall be entitled to one (30) thirty
minute unpaid meal break and two (2) fifteen (15) minute paid breaks per each eight (8) hour
shift, to be taken at the discretion oftheirimmediate supervisor.
(b) The two (2) fifteen (15) minute paid breaks are not to be taken consecutively or in conjunction
with the thirty (30) minute meal break unless authorized by the employee's immediate
supervisor. It is agreed by the parties that the two (2) fifteen (15) minute breaks will represent
compensable time. Meal breaks will not represent compensable time.
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 anyone workweek.
is considered overtime worked and shall be either paid at the rate of one and one-half (1 Y2)
times the hourly rate of the employee, or by compensatory time off at the rate of one and
one-half (1-1/2) hours for each hour worked over forty (40) hours.
(c) For the purpose of overtime computation, time spent by a bargaining unit member on any
approved leave with pay will be considered as time worked.
1. Bargaining unit members who work overtime during a forty (40) hour week
and use sick leave time within that forty hour week will be eligible for overtime
pay. The employee requesting compensatory time and having used sick leave
during the forty (40) hour work week will earn the compensatory time at the
rate of one and one-half (1 Y2) times the hourly rate of the employee.
(d)
1.
If a bargaining unit member has accrued earned overtime, he or she may elect,
with the approval of the Department Head, to use compensatory time off rather
than be paid for the overtime.
2. A bargaining unit member may accrue 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. All compensatory time in excess of eighty (80) hours
up to one hundred twenty (120) hours must be used in the same Fiscal Year it is earned
(and by September 30th) or the remaining balance of unused compensatory time up to
forty (40) hours will be converted to the bargaining unit members current hourly rate
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of pay and added to their last pay check in September, At the bargaining unit member'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 bargaining unit members current hourly rate of pay and added to their
last pay check in September. Written request for pay-out for all fi.CCl'Ued compensatory
time must be submitted by the first week in September of each fiscal year. Requests
for partial accrued compensatory time pay-outs will not be considered,
3, Bargaining unit member's wishing to use accrued compensatory time off must
follow the same procedures as an employee wishing to take vacation time. In
any situation, the bargaining unit member must receive prior approval to use
compensatory time off except in emergency situations. The bargaining unit
member's Department Head shall attempt to accommodate the desires of the
employee as to the time off desired, work schedule and conditions permitting,
(e) No bargaining unit member will be placed in a leave without pay status during the basic
workweek in order to deprive him or her of the right to earn compensable overtime.
(f) Bargaining unit members shall be required to work overtime when assigned unless excused by
the Department Head Any bargaining unit member who desires to be excused from an overtime
assignment shall submit to their Department Head a written request to be excused. In the event
that the Department Head cannot schedule a suitable overtime work force from the complement
of employees who have not requested relief from overtime, employ~ who have approved
written relief requests on file will also be required to work overtime.
(g), If a bargaining unit member leaves the service of the City slhe will be paid for all accrued
compensatory time at the bargaining unit members current hourly rate of pay to a maximum
of one hundred twenty (120) hours if earned and not used in anyone fiscal year.
7.4: Call-Out
When a bargaining unit member is called back to work after his or her normal work day, he or she shall
receive a minimum of two (2) hours pay at the overtime rate. When a bargaining unit member is
assigned to attend a scheduled City meeting to perform work after hislher normal work day, the
bargaining unit member shall be entitled to a minimum of one (1) hour pay at the overtime rate, if
applicable, and shift differential if appropriate. Travel time shall be'included as time worked. Hours
in excess offorty (40) hours per week: will be paid at the rate of time and one-half (1 Y2) the bargaining
unit members regular hourly rate of pay,
7,5: Shift Differential
Any bargaining unit member who works either regularly scheduled hours or overtime hours
that fall between 7 P.M. and 7 A.M. shall be entitled to a shift differential equal to five percent
(5%) of their regular hourly rate of pay for each hour worked. The bargaining unit member
must work a minimum of four (4) hours during the established hours set above before they will be
entitled to receive shift differential. Any bargaining unit member who works less than four (4) hours
will not receive shift differential for those hours worked.
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7.6: The City will pay bargaining unit members the Florida State Statutes Meal Allowance for those members
assigned a regular shift, who have completed their shift, and who have to cover a full additional shift
when staffhas a shortage and it was unexpected.
ARTICLE 8
SENlORITYILA YOFFIRECALL
8.1: Defmitions:
(a) City seniority is the total cumulative length of uninterrupted regular full-time or regular
part-time employment of a bargaining unit member by the Employer, measured from the most
recent date of regular employment by the Employer, except as provided in Section 8.2 below,
(b) Classification seniority is the length of regular full-time or regular part-time service
by a bargaining unit member in a job classification.
( c) City and classification ,seniority shall apply for the purposes of layoff, vacation computation,
service awards, or other matters based upon length of service.
8.2: 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 accrue no classification seniority until they
become pennanent regular eniployees, 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 to a different job classification.
(b) Any bargaining unit member who is on an unpaid leave of absence shall not accrue, nor shall
they loose, seniority, Seniority accrual shall begin on the first day of the members return to
. work.
8.3: Loss of Seniority:
Bargaining unit members 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;
(f) failure to return from military leave within the time limit prescribed by law;
(g) approved leave of absence without pay of one (1) year or more.
8.4: Work Force Adiustment and Lay-off:
(a) When work force adjustment becomes necessary due to lack of work, shortage of funds,
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discontinuance of operations, or the subcontracting out of City services, the Employer may lay-
off employees. The CW A and the affected bargaining unit member(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 oflay-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 bargaining unit member may be reassigned to other
bargaining unit members already working who hold positions in appropriate classifications,
(d) No regular full-time bargaining unit member shall be laid-off while a probationary,
part-time, or temporary employee remains- employed in the same job classification.
( e) Pennanent, regular full-time bargaining unit members 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 oflay-off, in
accordance with the following procedures:
(1) Affected bargaining unit members shall have :live (5) calendar days, from the
date they are notified by management of the lay-o:tI: to notifY management whether they
desire to bump or take the lay-off.
(2) Management shall explain the position that may be bumped within :live (5)
calendar days and explain the options to the affected bargaining unit member(s).
Position classifications that are available for bumping will only be for the same grade
or less than the bargaining unit members current position. If the bargaining unit
member possesses the minimum qualifications for that position, and has greater City
seniority than the present occupant of that position, the bumping shall take effect within
five (5) calendar days from the date of the notification. If otherwise eligible, the
bumped bargaining unit member may then proceed himself in accordance with Section
8.4 (d) of this article. In no event will a bargaining unit member bump another member
in a higher classification.
(3) In the event that two or more affected bargaining unit members have the exact
same classification seniority, the bargaining unit member with the least City
seniority will be laid offfirst. Ifboth bargaining unit members have equal seniority,
the bargaining unit member who applied for the position first will retain the position,
This will be determined by the time/date stamp issued by Human Resources on the
employment application when it was first received.
(4) A bargaining unit member 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 bargaining unit member cannot satisfactorily perform the duties of the position to
which the member has bumped, the bargaining unit member will be laid off.
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(5) A bargaining unit member bumping to a job classification which is lower than
their present job classification will take a six (6%) percent reduction in pay and
be placed on the pay scale to the closest step in the new job range. In no case
will a bargaining unit member be paid more 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) Permanent. part-time employees may only bump other part-time employees.
8,5: ~
(a) Recall oflaid off bargaining unit members shall be made in accordance with City seniority.
Initial contact shall be made by phone, If no response is obtained. a certified letter, return
receipt requested. to the bargaining unit member's last known address, shall be mailed. Laid-off
bargaining unit members 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) working days after receipt of a notice of recall, recalled bargaining
unit members who desire to return to work must notify the Employer and advise that
they intend to . return to work, or they will lose their recall rights, Recalled bargaining
unit members must return to work:fit for duty within ten (10) working days of the receipt of a
recall notice, or they will lose their recall rights,
ARTICLE 9
MISCELLANEOUS PAID LEAVE
9.1: Death In Family:
(a) With the approval of the Department Head, paid funeral leave, not to exceed five (5) consecutive
working days (forty 40 hours), may be granted to a regular full-time or (twenty 20) hours for
regular part-time bargaining unit member in the event of a death in the bargaining unit
member's immediate family. For purposes of this provision, a ''bargaining unit member's
immediate family" is defmed as the member's spouse, parent. step parent, child, step child,
brother, sister, grandparent, grandchild, father-in-law, mother-in-law, or any relative who is
domiciled in the member's household, Funeral leave shall not be charged to annual leave,
persona11eave, sick leave or to compensatory time. Any absence in excess of five (5) days or
forty (40) consecutive hours, in connection with approved funeral leave, will be charged at the
bargaining unit member's discretion to accrued compensatory time, annual leave, sick leave,
personal leave or, if no leave is accrued. to leave without pay. Said paid leave time shall be
taken consecutively by the bargaining unit member, Within thirty (30) calendar days from the
date the bargaining unit member returns to work from a death in the family, the bargaining unit
member will file a copy of the death certificate of the deceased, Said death certificate will be
13
attached to a leave request form and forwarded to the Department of Human Resources for
processing. Failure to produce a death certificate will result in the bargaining unit member
reimbursing the City for any paid leave taken under this Article, Any bargaining unit member
found to have falsified his or her application to use this time will be disciplined up to and
including dismissal. It is understood that under certain circumstances the bargaining unit
member will be unable to obtain a death certificate. In this event, in lieu of a death certificate,
the bargaining unit member shall submit a newspaper account showing the death and the
relationship of the deceased to the bargaining unit member and/or other appropriate criteria as
deemed appropriate by the Director of Human Resources,
(b) For non-immediate family funerals, bargaining unit members have the option to use
accrued annual leave, compensatory time or personal leave, for the attendance of funerals.
Bargaining unit members will supply their supervisor with written notification for this request
in as timely manner as possible. The supervisor will make every effort to comply with the
provision of this section. In the event that the bargaining unit member does not have any
accrued annual, compensatory, or personal leave they may request to use sick leave.
9.2: Court Leave/JulY Duly:
(a) Bargaining unit members attending court as a witness on behalf of the City, any other public
jurisdiction or for jmy duty during their normal working hours shall receive leave with pay for
the hours they attend court. The City of Sebastian Travel Policy will be used for travel
expenses, excluding jury duty.
(b) All bargaining unit members subpoenaed to attend court for work related reasons are
eligible for . leave with pay. Those bargaining unit members. who become plaintiffs .or
defendants are not eligible for leave with pay, unless the court appearance is a direct
result of their employment.
(c) Bargaining unit members who attend court or jury duty for only a portion of a
regularly-scheduled work day shall report to their supervisor when excused or released by the
court.
(d) Bargaining unit members required to attend court or jury duty while on a scheduled
vacation may be allowed to take court leave/jury duty instead of vacation leave for such period;
provided the court attendance meets the requirements of this section.
(e) Regular full-time bargaining unit members required to attend court or jury duty on a
scheduled day off are eligible to receive up to eight hours pay, if required, at straight
time,
(f) Bargaining unit members who seek to be excused from duty under this section shall
present official notice of their subpoena or jury duty notice to their supervisor at least
twenty-four (24) hours in advance of the scheduled time unless the bargaining unit member
actually receives less than twenty-four (24) hours advance notice). Bargaining unit members
who are required to be absent for either reason shall submit documentation to the Employer
showing all days and hours of court leave/jury duty upon return to work,
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(g) Consistent with existing City policy, the bargaining unit member shall remit to the Employer
any and all compensation received for court leave/jury duty, excluding payment for travel and
meals,
9.3: Conference Leave:
The Employer may grant conference leave with pay, together with necessary travel expenses,
for bargaining unit members to attend conferences, schools, and similar events designed to improve their
efficiency, if considered to be in the best interest of the Employer, All leave and expenses will be
recommended by the Department Head subject to approval of the City Manager.
9.4: Family And Medical Leave
(a) In order to provide for uninterrupted coverage of the bargaining unit member's position, the
bargaining unit member will notify his or her supervisor as soon as possible once they have
lmow1edge of need for medical leave stating the approximate duration of the leave. Bargaining
unit members may request a leave of absence without pay in accordance with the Family and
Medical Leave Act of1993 (FMLA).
(b) When a bargaining unit member is determined by his or her physician to be medically
unable to perform their normal job duties, the member may utilize accrued sick, compensatory
and/or annualleave during their absence in conjunction with FMLA Leave.
( c) Bargaining unit members may take a FMLA leave of absence without pay not to exceed ninety
(90) days in a twelve (12) month rolling period for the birth or adoption of a child, to care for
an immediate family member with a serious health condition, or the bargaining unit member's
own serious health condition, Additional leave without pay may be granted by the Employer
based upon demonstrated medical necessity,
9.5 Militaty Leave
The existing current City Policy pertaining to Military Leave will be followed for this Article,
9.6: Leave Without Pay
(a) The decision to grant a leave 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 CW A business.
(b) A bargaining unit member may be granted a leave of absence without pay for a period
not to exceed one (1) year for siclmess, disability, or other 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 will be granted,
the bargaining unit member must exhaust all accrued vacation, compensatory
and, if appropriate, sick leave,
15
(2) Voluntary separation from City employment, 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 City Manager, and the bargaining unit
member recalled to service,
(4) A bargaining unit member granted a medical leave of absence must submit a
written Doctor's note stating the length of time they will be out of work, In
addition, the bargaining unit member must keep the Department of Human
Resources advised of his or her current address at all times. A copy of this
written status report will be forwarded to the City Manager. If a Doctor's note
is not submitted, the bargaining unit member will be considered as on an unauthorized
leave of absence and appropriate disciplinary action shall be taken. The bargaining unit
member will be carried in a no pay status for all days that they are absent without
medical authorization.
(5) A bargaining unit member who obtains either part-time or full-time employment
elsewhere wbile~ an authorized leave of absence is required to notify his Department
Head in writing withintbree (3) days of the acceptance of such employment or they will
be terminated from City employment.
(6) Failure to comply with the notification requirements will result in the bargaining unit
member being dropped from leave of absence status, in which case he/she must return
to duty or be dismissed,
(7) At least two (2) weeks prior to the expiration of the leave of absence, the bargaining
unit member must contact the Department of Human Resources in order to facilitate
the reinstatement process.
(8) Failure 1;Iy a bargaining unit member to return to work at the expiration of a
leave of absence shall result i:h immediate dismissal from employment with the
City,
( c) Bargaining unit members may continue contributing to a deferred compensation program while
on an unpaid leave of absence. Under no circumstances shall the City contribute any funds
towards the deferred compensation program while the bargaining unit member is on an unpmd
leave of absence, During the time the bargaining unit member is on leave without pay, the
member will not accrue either sick. nor annual leave and accrual of seniority is suspended until
they return to regular duty,
(d) A bargaining unit member on an approved leave of absence may continue to participate in the
group health insurance plan, provided that all necessary premium payments are made by the
bargaining unit member. It is the bargaining unit member's responsibility to keep premium
payments current.
16
(1) The insurance premium payment must be made by the 20th of the preceding
month in which the payment is do. If the payment is not made by 20th the of
the preceding month in which it is do, 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 upon
the bargaining unit member's return to active duty consistent with the plan's
requirements.
9.7: Eli~bility:
Only regular full-time and regular part.,.time bargaining unit members are eligible for the, miscellaneous
paid leaves provided by this Article. All such benefits are personal to the bargaining unit member and
shall not be transferable,
9.8: Personal Leave
(a) Each regular full-time bargaining unit member shall be entitled to three (3) days of personal
leave per year which can be used as a floating holiday. Such leave is subject to Department
Head approval. Probationary employees (new hires) will not be entitled to use Personal leave
time until they have completed their six (6) month probationary period,
(b) AU regular part-time employees shall receive three (3) days of personal leave per year
which can be used as a floating holiday. Personal leave days will be computed at one-
half the rate of a regular full-time employee or four (4) hours, Such leave is subject
to Department Head approval.
Eli~bi1ity:
1. Temporary and seasonal employees are not eligible for personal leave.
2. Part-time employees working less than forty (40) hours per pay period are not
eligtble for leave benefits,
(c) Personal leave may be used in fifteen (15) minute increments.
(d) Persona11eave requires advance written request, except in emergency situations.
ARTICLE 10
SICK LEAVE
10.1 Eligibilityl Accrual of Sick Leave:
(a) Only regular fu.1]-time and part-time employees are eligible to accrue sick leave, Regular full-
time employees will accrue sick leave at the rate of ninety-six (96) hours per calendar year or
3.692 hours per pay period. Regular part-time employees will accrue sick leave at the rate of
forty-eight (48) hours per calendar year or 1.846 hours per pay period. Sick leave will accrue
bi-week1y over twenty-six (26) pay periods. Part-time employees will accrue sick leave based
17
on a forty (40) hour pay period. This is at one-half the accrual rate of a full-time employee,
Part-time employees working less than a forty (40) hour pay period are not eligible to accrue
sick leave benefits.
Eli~bili1y:
1 Temporary and seasonal employees are not eligible for sick leave benefits.
2. New employees start to earn sick leave from their date of hire,
10.2: Request for Sick Leave:
a) Any bargaining unit member who is incapacitated and unable to work shall notify hislher
immediate supervisor or designee within one (1) hour prior to hislher scheduled reporting time,
except in an emergency situation. The bargaining unit member shall state the nature ofhislher
incapacitation, its expected duration, and the expected period of absence. The bargaining unit
member shall repeat this procedure each day he/she is unable to report for work, unless excused
by the Department Head.
(b) If a bargaining unit member is absent from work in excess of three (3) consecutive days or
longer due to an illness, the member must submit a doctor's note to the Department Head, or
hislher designee, attesting to the employees ability to return to work with or without restrictions,
1003: 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 shall be required to furnish a doctofs note
verifying that the mein.ber was medically unable to report to work on those days, Failure to
provide such notice will result in no pay for the day (s) in question.
(c) Sick leave may not be used for absences due to illness or injury sustained while engaged in
outside employment.
(d) Bargaining unit members may not use sick leave during their first sixty (60) days of
employment If an employee resigns or is otherwise terminated during the first 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.
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( e) Upon ten (10) years or more of continuous employment, a bargaining unit member is eligible,
upon separation from the City, to be paid for a percentage of his /her accrued balance of sick
leave up to a maximum of 280 hours. The percentage is as follows:
10 years to 14 completed years of service - 50%
15 years to 19 completed years of service -75%
Upon reaching twenty (20) years or more of continuous employment, a bargaining unit
member is eligible to be paid for one-hundred (100%) percent of his or her unused sick leave
at their current rate of pay up to 280 hours and any additional unused hours in excess of280
hours will be paid at the rate of 50% of the bargaining unit members current rate of pay up to
an additional two-hundred (200) hours,
Example:
280 hours at current rate of pay
200 hours at 50% of the current rate of pay
(f) Every bargaining unit member entitled to sick leave benefits and who has been employed for
one (1) full fiscal year and who does not take sick leave during a fiscal year (October 1st
through September 30th) sball be given one (1) day's pay to be added to their paycheck during
the :first full pay period in December. Such bargaining unit member shall also be given hislher
birthday off with pay, subject to the individual depamnents work schedule. Ifwork requirements
do not reasonably permit the bargaining unit member to take time off from work on hislher
birthday, or if the birthday falls on a holiday or a regular day off, some other mutually agreed
upon day near the bargaining unit member's birthday may be taken off with pay,
(g) Once a bargaining unit member accrues 480 hours of sick leave they may at their option convert
fifty (50%) percent of any unused accrued sick leave in excess of 480 hours to annual leave on
September 30 of each :fiscal year. Bargaining unit members who elect not to convert their sick
leave; will retain their sick. leave benefit as currently provided in the contract. If the bargaining
unit member is at the max:imum vacation accrual on September 30 of each fiscal year, the sick
conversion process can not be allowed,
ARTICLE 11
ANNUAL LEAVE
11.1 : Elil:ibility:
Only regular full-time and regular part-time bargaining unit members are eligible to accrue paid annual
leave. Probationary employees will be allowed to use accrued annual leave at the approval and discretion
of their immediate Department Head or his/her designee. Temporary or seasonal employees are not
eligtble for the accrual of annual leave.
11.2: Rate of Accrual:
(a) Annual leave is earned on a pro-rata basis, The bi-weekly pay period is divided over
twenty six (26) pay periods. Full-time employees will accrue annual leave based on
their yeas of service with the agency ,The accrual rate for regular part-time employees will be
19
at one-half the accrual rate of a regular full-time employee with the same number of years of
service. Part-time employees who work a minimum of forty (40) hours per pay period will
accrue annual leave. (see rate schedule below). To clarify the rate at which an employee accrues
annual leave the following tables will be used.
Eligibility:
A, Temporary and seasonal employees are not eligible for annual leave benefits,
B. Part-time employees working less than a forty (40) hour pay period are not eligible for annual
leave benefits.
Table #1:
Full Time Employees
Lenith of Service
Bi-weekly
Accrual Rate
3.077 hours
4.615 hours
6.15 hours
7.69 hours
1 Year but less than 5 Years
5 Years but less than 1 0 Years
10 Years but less than 20 Years
20 Years and over
Table #2
Part-Time Employees
Lenith of Service
Bi-weekly
Accrual Rate
1.54 hours
2.31 hours
3.07 hours
3,85 hours
1 Year but less than 5 years
5 Years but less than 10 Years
10 Years but less than 20 Years
20 Years and over
~ Request for Annual Leave
Annual Leave
Hours Earned
80 hours (10 working days)
120 hours (15 working days)
160 hours (20 working days)
200 hours (25 working days)
Annual Leave
Hours Earned
40 hours
60 hours
80 hours
100 hours
(a) A request for annual leave shall be submitted, in writing, to the bargaining unit member's
Department Head.
(b) A request for leave shall not be granted if the bargaining unit member has no accrued
balance of annual leave.
(c) The minimum charge against the accrued annual leave balance is fifteen (15) minutes.
Fifteen (15) minutes shall be deducted from a bargaining unit member's accrued leave
balance for each minute, or part thereof, that a bargaining unit member is actually absent from
hislher duty station.
(d) Annual leave may not be taken in advance of its approval by the Department Head.
In an emergency situation accrued annual leave may be used only with the approval
of the bargaining unit members department head or designee,
20
(e) Except under unusual circumstances, Department Heads shall approve or disapprove
a written leave request within five (5) working days after .receipt of said request.
(f) Annual leave shall not be used in advance of its being earned.
11.4: Use of Annual Leave:
(a) Annual 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 bargaining unit member who becomes ill while on annual leave may substitute
accrued sick leave for annual leave for the period of illness. The bargaining unit member 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.
( c) Bargaining unit members will not be allowed to carry over from one fiscal year to the
next more than two (2) years' worth of accrued annual leave. If during the year the
bargaining unit member accrues more th;m two (2) years' worth of annual leave, they
will have until the last full payroll period in the fiscal year to bring their time balances
down to the two (2) year maximum. If the bargaining unit member does not bring the
time balance down to the two (2) year maximum by the last full payroll period.of.each
fiscal year, they will forfeit all hours in excess of the two (2) year maximum carryover.
Annual leave will continue to accrue beyond the limitations set forth above when a Deparbnent
Head fails to grant annual leave when requested. in writing by an employee under the provisions
of this article. Proper documentation signed by the bargaining unit members department head
will be forwarded to the Finance Deparbnent where it will be kept on file indicating the reasons
for not granting the requested leave,
11.5: S~amtion from Employment:
Upon retirement, resignation, or other separation from City service, all regular full-time or regular
part-time bargaining unit members shall be entitled to be paid for all ofhis/h~ unused accrued balance
of annual leave at the rate of pay received by the bargaining unit member on his/her date of separation.
ARTICLE 12
GRffiVANCEPROCEDURE
12.1 : The procedure set forth in this Article shall be the exclusive method for resolving CW A and
employee grievances. Grievances are defined as disputes concerning the interpretation or application
21
by the Employer of the terms of this Agreement. Oral reprimands and written counseling memo's are
not grievable,
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 CW A
agree that every effort will be made by management and by the grievant, or grievant's, to settle
grievances at the lowest level possible.
12.3: General Provisions:
(a) All references to days in this procedure are to calendar days. If the last day of any applicable
time period is a Saturday, Sunday or holiday, the deadline is automatically extended to the close
of business of the next working day,
(b) Time is of the essence in this procedure, Although any time limit may be extended by
mutual written agreement of the grievant or the CW A and the Employer, the failure
of the grievant or the CW A to observe the applicable time limit shall constitute an abandonment
of the grievance, absent a mutually agreed extension,
12.4: Procedure:
~. Within seven (7) days of the incident giving rise to a grievance, the grievant shall explain and
discuss the grievance orally with his or her immediate supervisor, who may call higher level
supervision into the discussion in an effort to achieve a prompt satisfactory adjustment. The
immediate supervisor willnotifythe-bargaining-unit member-ofhislher-decisionwithin seven
(7) days of the date of the discussion with the bargaining unit member. If the grievant is not
satisfied with the immediate supervisor's decision, or if no decision is communicated to the
bargaining unit member within the allotted time period, the bargaining unit member may appeal
to Step 2 within seven (7) days of the due date for the Step 1 decision.
~. Step 2 is initiated by the bargaining unit member filing with his Department Head a written
grievance on the standard grievance form, attached as Appendix C, The Department Head shall
schedule a meeting with the bargaining unit member within seven (7) days of the submission
of the written grievance, Within seven (7) days after the Step 2 grievance meeting, the
Department Head shall issue a written decision concerning the grievance. If the grievant is not
satisfied with the Department Head's decision, or if no decision is issued within the time
allotted, the grievant may appeal to Step 3,
~. Within seven (7) days following the date of the Step 2 decision or the date on which it was due,
whichever is earlier, the grievant may file a written appeal to the Human Resources Director,
attaching all applicable grievance documents, A grievance meeting shall be scheduled within
seven (7) days following receipt of the Step 3 appeal At such meeting, the grievant may present
evidence and argument in support of the grievance. Within seven (7) days of the grievance
meeting, or within seven (7) days of the receipt of the Step 3 appeal if no grievance meeting is
held, the Human Resources Director shall issue a written decision concerning the grievance.
22
~, Within seven (7) days following the date of the Step 3 decision or the date on which it was due,
whichever is earlier, the grievant may file a written appeal to the City Manager. The City
Manager will review all pertinent infonnation and schedule a hearing including due process for
name clearing hearings and issue a decision within seven (7) days of the hearing or seven (7)
days of receipt of the Step 4 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 fmal and binding upon the Employer and upon the grievant. In all cases other than minor
discipline and perfonnance evaluations, if the grievant is not satisfied with the Step 4 decision,
the CW A may invoke the arbitration procedure of Step 5.
~ The CW A may invoke arbitration by sending written notice to the Employer within fifteen (15)
days of the date the Step 4 decision is issued or the date on which it was due, whichever is
earlier. Invocation of arbitration by the CW A 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. If, however,
this cannot be done within seven (7) days following the Employer's receipt of the CW A's request for
arbitration, representatives of the Employer and the CW A 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 CW A shall meet within ten (10)
days and, beginning with the CW A, 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
shall jointly 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 in accordance with the following rules:
( a) The arbitrator shall have jurisdiction and authority to decide a grievance properly before him,
(b) The arbitrator shall have no authority to change, amend, add to, subtract from, 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 him. The arbitrator shall not have the authority to
determine any other issues not submitted to him.
(d) Except in the case of termination as disciplinmy action, the arbitrator shall not substitute his/her
judgment as to the wisdom or the degree of severity of disciplinary action imposed on any
bargaining unit member by the Employer, The arbitrator's inquiry shall be limited to 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 a
bargaining unit member, the arbitrator is empowered to either sustain the discharge or, if he/she
does not, he/she is empowered to reinstate the bargaining unit member 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 bargaining unit member may
have received.
23
( 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.
(0 Copies of the Arbitrator's award, made in accordance with the jurisdictional authority
under this Agreement, shall be furnished 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.
24
APPENDIX C
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
Date Submitted
25
ARTICLE 13
HOLIDAYS
13.1: The following shall be paid holidays for all regular full-time and part-time employees of the City:
New Year's Day
Martin Luther King Jr,
President's Day
Memorial Day
Independence Day
. Labor Day
Veteran's Day
Thanksgiving Day
Friday after Thanksgiving
Chris1mas Eve Day
Christmas Day
13 .2: Generally, when a holiday falls on Saturday, the preceding Friday will be observed as the holiday. When
a holiday faIls on a Sunday, the fonowing 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 bargaining unit members in advance.
13.3: No regular full-time or part-time bargaining UIiit member 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 ~ediately preceding and the work day immediately following the day on which the holiday is
observed. For purposes of this Article, "active pay status" means any approved leave with pay,
13.4: For holiday purposes, a holiday is defined as eight (8) hours for regular full-time bargaining
unit members and four (4) hours for regular part-time bargaining unit members. Holiday time
for regular part-time bargaining unit members will be computed at ont:>-half the rate of a regular full-time
bargaining unit member who works an eight (8) hour day,
13.5 If a bargaining unit member works on the day of a holiday they will have the option of requesting
overtime for the hours worked at the time it is earned or request compensatory time in lieu of pay, The
bargaining unit member must notify their immediate supervisor in writing of their option no later than
the last work day before the holiday. If the option is not presented to the supervisor on or before the last
work day before the holiday, overtime pay compensation will be used.
Eli~bility:
A. Temporary and seasonal employees are not eligible for holiday leave time,
B. Employees working less than forty (40) hours per pay period are not eligible for holiday leave
benefits,
26
ARTICLE 14
PROMOTIONS. TRANSFERS AND ADJUSTMENTS
14.1: Any bargaining unit member 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
bargflining unit members. To this end, all promotional opportunities will be advertised in-house for ten
(10) days. A bargaining unit member whose last performance rating was less than satisfactory is
ineligible for promotion.
14.2: a)
When a bargaining unit member is promoted to a higher paid position, hislher new rate
of pay shall be the minimum rate applicable to that position. If the bargaining unit members
current salary is higher than the minimum rate for the position to which promotion is made, the
bargaining unit member shall receive a one step increase in pay from his/her current rate of pay
or the bottom of the new grade, whichever is greater, Subject to the approval of the City
Manager, a greater promotional increase may be recommended by the Department Head
b) When a bargaining unit member is adjusted to a lower paid position, he or she will take
a one (1) step reduction in pay to the closest step in the new job range, but in no case
will the salary be higher than the maximum rate for the lower classification.
14.3: The effective date of a bargaining unit members demotion or promotion to a new job classification shall
be the bargaining unit members new classification anniversary date for the purposes of classification
seniority determination. The bargaining unit member must serv~ a six (6) month probationary period
in the new job classifi~on. If at any time during the probationary period, the bargaining unit member
is found to be unqualified for the position or incompetent to perfOml the duties of the new position, he
or she shall be returned to the position from which the transfer/prgmotion took place, provided that a
vacancy exists.. If no vacancy exists, the bargaining unit member shall be laid off in accordance with
the provisions of Article 8.
14.4: A bargaining unit member may be transferred between departments when a vacancy exists in
the same classification which is presently unoccupied Such a transfer does not affect a bargaining unit
members pay grade, pay rate, or anniversary date, but is subject to the following conditions;
(a) The transfer must be approved by the affected Department Heads and the City Manager.
/
(b) The bargaining unit member must serve a six (6) month probationary period in the new
assigned department.
( c) If at any time during the probationary period, the bargaining unit member is found to
be unqualified for the position or incompetent to perform the duties of the new position, he or
sbe sball be returned to the position from which the transfer took place 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) The City and the CW A agree that when there is a critical need for a bargaining unit
member to work (operate a piece of equipment) in a higher job classification, such as
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a Maintenance Worker I filling in for a temporary period as a Maintenance Worker
II or a Maintenance Worker II filling in for a Maintenance Worker ill , the bargaining
unit member will receive a 3% increase to their regular hourly rate of pay for each hour of work
preformed at the higher classification. A temporary assignment means filling-in for another
bargaining unit member who is on vacation, ill, has incurred a job related injury, on FMLA, in
training or absent from work for any other legi:tima1e reason. Temporary assignments must be
for three (3) consecutive days or more. The bargaining unit member who is working in the
temporary higher job classification will receive a 3% increase in pay for all time worked after
the tlrird consecutive work day in that assignment. Requests for any temporary upgrades must
be submitted by the immediate Department Head identifying the need for this position being
filled and must be approved by the City Manager, For temporary upgrades to higher positions
to occur there must be an existing vacant position code for the bargaining unit member to fill.
Equipment Schedule:
1) Maintenance Worker I - Will operate all equipment except, excavator, dozer,
and long arm mower.
2) Maintenance Worker II - Will operate all equipment except for excavator and
doze!;"
3) Maintenance Worker III - Will operate all equipment.
(e) Effective October 1, 2001 all Maintenance Workers who are assigned to the Public
Works Department, and as a result of their position classification requiring them to
have a CDL license will receive a two (2%) percent increase added to their base pay,
This will be a one-time adjustment to Grandfather-In all Maintenance Workers who
are employed by the City prior to October I, 2001. All new employees (Maintenance
Workers) who are hired after October 1, 2001 will not be eligIble for the two (2%) percent
mcrease,
(f) The Department Head, with the City Manager's approval, may, in writing, assign a
bargaining unit member to a supervisory job classification for a temporary period. The
affected bargaining unit member working a period of five (5) consecutive work days
or more shall receive an additional $1.50 per hour or the supervisor's pay, whichever
is less. The bargaining unit member will be entitled. to receive the salary increase for
each day worked and all hours worked while in that temporary classification once the
five (5) day minimum has been met.
(g) Bargaining unit members who are required to maintain a valid Commercial Driver License
(CDL) will be responsible to pay the cost of the renewal of their own driver's license, The City
will pay the bargaining unit member the difference between the base driver's license cost and
the CDL License and any of the endorsements which the City requires of the bargaining unit
member.
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ARTICLE 15
GROUP INSURANCE
15.1: During the term of this Agreement, the Employer agrees to pay the premium during the term of this
contract to provide continued group insurance coverage to all regular full-time bargaining unit members,
It is expressly understood by all parties that the Employer shall pay for any additional group insurance
premium. for continuation of bargaining unit member coverage up to a maximum of$3.900 per year.
In the event that group insurance premiums at any point during the term of this Agreement exceed the
$3. 900 maximum limit set, the City and CWA agree to re-open this section of Article 15 to seek
alternate health coverage from another carrier,
15.2: In the event that the premium rate for dependent group insurance coverage increases. the Employer
agrees to notify the CW A as soon as is practicable. The CW A agrees that the Employer may. at its
discretion, obtain substitute insurance coverage from another carrier or require each covered bargaining
unit member to contribute his pro rata share of the increased premium cost for dependent coverage.
whichever may be applicable, In the event that the carrier increases the premium rate for dependent
group insurance coverage the parties agree to abide by Section 15.3 of this Article.
15.3: Any full-time qualified bargainin~ unit member who elects to participate in the group insurance
dependent coverage option plan will pay fifty (50%) percent of the cost of the premium, Any additional
supplemental insurance that is optional coverage to the bargaining unit member and that member elects
to purchase such optional coverage will be paid for in total by the member.
ARTICLE 16
RETIREMENT CONTRIBUTION
16.1: Effective Aprill. 2001. the employer shall contribute an amount equivalent to nine (9%) percent ofa
bargaining unit member's annual gross earnings into a deferred compensation program offered by the
City. The nine (9%) percent contribution will be in addition to the bargaining unit member's annual
gross earnings, This benefit will be prot'l!:ted and paid bi-weekly over twenty-six (26) pay periods. This
benefit win remain in effect for the life of this agreement.
Eligibility:
A. Only regular full-time bargaining unit members are eligible for inclusion in the deferred
compensation program.
B. New employees are eligible for entry into this program as of the first day of the next full pay
period following sixty (60) days from their date of hire.
ARTICLE 17
PERFORMANCE EVALUATION
17.1 : Pur.pose:
The purpose of the City of Sebastian performance appraisal program is to provide a consistent
practice of establishing written goals and evaluating the performance of the bargaining unit
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member. It is needed to help measure, improve, and reward bargaining unit member performance, to
assist departments and the agency to meet their goals,
17,2: Definitions:
A. Annual Performance AWraisal. The bargaining unit member's performance is appraised by
the supervisor no later than the first day of the month of hislher classification date each year.
The period of appraisal is the period of time since the bargaining unit member's last
performance appraisal.
B. Special Performance Appraisal. Special appraisals are performed by the supervisor
any time during the year for special reasons; i.e, change in pay, promotion. transfer,
reassignment, etc,
lU ~
Supervisors are to administer a bargaining unit member performance appraisal annually and
special performance appraisals more often, as appropriate. The performance appraisal consists of
evaluating previously agreed upon goals and objectives. The appraisal is to be used as a management
tool to assist, motivate. and strengthen the bargaining unit member. Managers will also use the
perfonnance appraisal to help determine compensation, employee development and promotion. Where
there is a difference of opinion concerning a performance appraisal between the supervisor and the
bargaining unit member. the bargaining unit member will have the opportunity to express their
differences in writing to the supervisor and the supervisor's evaluator. If the issue has not been resolved
at this level, the bargaining unit member may activate the employee grievance procedure, Bargaining
unit members rated unsatisfactory are not eligible for a step increase. Bargaining unit member's who
receive an unsatisfactory rating for two (2) consecutive rating periods of any type may be terminated
from employment for cause.
17.4: Statement of Philosophy:
Both the City of Sebastian and the CW A believe that the purpose of the performance appraisal system
includes the following:
a) to clarify both management's goals for the position and the bargaining unit member's goals;
b) to monitor the bargaining unit member'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 bargaining unit members about
the members job duties and establish a framework for open, constructive feedback;
d) to encourage and develop time line plans for bargaining unit member development. growth and
improvement.
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17.5: Employee Appraisals:
perfonnance appraisals for each bargaining unit member shall be submitted once each year using a City
of Sebastian performance evaluation form.. Bargaining unit members shall be evaluated by their
appropriate administrator/supervisor. Bargaining unit members shall be given a minimum of three (3)
work days notice prior to the evaluation meeting. At the time of such appraisal, the bargaining unit
member's specific job duties, job description, and perfonnance shall be reviewed by both the bargaining
unit member and the supervisor to discuss patterns of performance for the past year and expectations
or recommended plans for improvement for the upcoming year. Each bargaining unit member has the
right to add written comments regarding the performance appraisal on the performance appraisal form,
at the time of any review, and subsequently if any changes are made. The bargaining unit member's
signature on the performance appraisal form signifies that the performance appraisal has been reviewed
with the bargaining unit member, but does not signify that the bargaining unit member agrees with the
appraisal.
Each bargaining unit member shall have the right to see any changes, deletions, or additions
to the perfonnance appraisal made by the immediate supervisor, a higher supervisor, department head,
or administrator, Such changes shall be discussed with the bargaining unit member. The bargaining
unit member shall be provided with a copy of the completed performance appraisal once it has been
signed by all parties in the chain of command. The performance appraisal shall be placed in the
bargaining unit member's official personnel file, Any appraisals which are not in the official file shall
not be part of the official record of the bargaining unit member in considering discipline or future
performance reviews. Bargaining unit members have the right to review their official personnel file
upon and with proper notification, Under no circumstances shall supervisors use the performance
appraisal as a substitute for disciplinary action.
17.6: Probationary Period:
Each bargaining unit member selected to fill a vacancy for a continuing position or a temporary posted
position shall serve a probationary period (as stated in Article 14) which is an extension of the selection
procedure. The probationary period is to give the bargaining unit member 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 bargaining unit member 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,
ARTICLE 18
SAFETY
18,1 : The City and the CW A 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 City Manager, or his designee, and up to three (3) members will be selected by
the City Manager and up to three (3) members selected by the CW A.
] 8,2: The Safety Committee shall meet regularly, as it may determine, to consider methods of maintaining and
improvingjob-re1ated safety. The Committee shall make recommendations by a majority vote for safety
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maintenance and improvement, which shall be given due consideration by the Employer. Written
response must be made by the City Manager to the committee within twenty calendar (20) days of
receipt of any written requests made by the Safety Committee, Such requests wi]l be approved by the
majority vote of the Safety Committee prior to being submitted to the City Manager.
18.3: The Employer and the CW A recognize the mutual responsibilities of management and bargaining unit
members 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 bargaining unit
members to review,
18.5: Any bargaining unit member 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 disciplinary action,
up to and including termination. Additionally, the bargaining unit member 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 bargaining unit members Department Head, the City
shall pay for one (1) pair safety glasses. Where prescription safety glasses are needed,
the bargaining unit member, in conjunction with the City's Vision Care Plan, shall receive an
eye examination not more than once every twelve (12) months, The bargaining unit member
shall pay the deductible to the doctor for the eye examination, The City shall pay for the cost
of the first pair of safety frames and safety lenses for those bargaining unit members required
to wear prescription safety glasses not to exceed one hundred ($100) dollars.
b, 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 must accompany this request which details
how the breakage occurred. The report must be signed by the bargaining unit members
immediate supervisor before being submitted. If the breakage was a result of the bargaining
unit members negligence, the member will pay the full cost of the replacement. Additionally,
the bargaining unit member 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.
18.7: Worker's Compensation:
The City's policy regarding Worker's Compensation that is currently in effect will be followed for the
life of this Agreement.
18,8: Work Boots/Shoes:
a) The City will provide those bargaining unit members required to wear safety boots/shoes as a
part of their job function one hundred ($100) per fiscal year, This will become effective
October 1,2001, payable to the bargaining unit member the first full pay period in October of
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each year. Any bargaining unit member receiving this benefit will be required to wear the safety
boots/shoes at all times while performing their City job functions,
(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 bargaining unit members
immediate supervisor before being submitted. If the damage was a result of the bargaining unit
members negligence, the member 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 bargaining unit member 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 bargaining unit member will also be
exempt from the benefit provision as stated in section 18.8 (a) of this Article and will not
receive the $100 annual disbursement for safety boots/shoes,
ARTICLE 19
DISCIPLINARY ACTION
19.1: Disciplinary action may be taken against any employee for just cause.
ARTICLE 20
SALARY
20.1: Eligible bargaining unit members shall receive a 1% COLA increase to their current step effective April
1,2001.
20.2: Effective the first full pay period after October 1,2001, the City will provide all bargaining unit
members with a pay increase of three (3%) percent added to their base salary, i.e., excluding longevity,
supplemental or any additional pay.
20.3: Effective the first full pay period after October 1, 2002, the City will provide all bargaining unit
members with a pay increase of four (4%) percent added to their base salary, i,e., excluding longevity,
supplemental or any additional pay.
ARTICLE 21
SUBSTANCE ABUSE TESTING
The City's Policy regarding Substance Abuse Testing that is currently in effect will be followed for the life of
this Agreement.
ARTICLE 22
UNIFORMS
22.1: The City shall provide and maintain uniforms to all members of the bargaining unit who are
required to wear them,
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22.2: If a bargaining unit member is provided work boots/shoes and the bargaining unit member does not
complete the six. (6) month probationary period for any reason, the cost of the work boots/shoes shall
be deducted :from bargaining unit members last pay check which will reflect the actual expense incurred
by the city for the purchase of the work boots/shoes. Additionally, all issued uniforms and equipment
must be returned to the City, Failure to return issued uniforms and equipment will result in the
bargaining unit member paying for the actual cost incurred by the city for the purchase of said uniforms,
22.3: Any bargaining unit member 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 any other time or for any
other reason,
ARTICLE 23
TUITION REIMBURSEMENT
23.1: The City desires to help its bargaining unit members in their jobs by paying for business-related courses
up to the limits of available funds for education during their off-duty hours. Therefore, the City's Policy
regarding Tuition Reimbursement will be followed for the life of this Agreement
23.2: The following guidelines will govern tuition reimbursement:
1. Eligt."ili1y: Open to regular full-time bargaining unit members who have been employed
by the City for at least one (1) year. A bargaining unit member desiring to participate in the
City's Tuition ReimbursementProgram should submit an application to his or her Department
Head at least fifteen (15) days prior to the starting date of the course, If the Department Head
recommends the course, the recommendation will be forwarded to the City Manager or his
designee for final approval.
2. Approved trainin~:. Approved courses must directly relate to the bargaining unit
member's current assignment which will improve his or her skills, knowledge and ability to
perform his or her duties and will increase his or her potential for promotion, Such
determination will be made by the Department Head and the City Manager or his designee. Such
courses must be offered by an approved technical or trade school or an accredited college or
university. Attendance at these courses must be during non-working hours.
3. Recipients of scholarships: Any bargaining unit member receiving a scholarship or
grant for education will not be eligt"le for tuition reimbursement,
4. Service Requirement: Bargaining unit members participating in the Tuition Reimbursement
Program agree to remain employed with the City for a minimum of two (2) years following
completion of the course(s). If the bargaining unit member voluntarily leaves the city service
or is terminated for just cause prior to reaching the two (2) year requirement, he or she must
reimburse the total cost of the tuition back to the City.
5. Grade Requirement: Successful completion of training must be accomplished through a
grade "C" (2,0 average) for each course or better before reimbursement will be made. In courses
which are offered on a "pass" or "fail" basis, a pass grade must be earned for reimbursement.
34
6. Reimbursement; Upon 1he successful completion of approved training, an original or
a certified copy of the bargaining unit member's grades, along with proof ofhis or her payment
of tuition such as a canceled check or receipt, will be submitted to the respective Department
Head. Such documentation will be forwarded to the Finance Department for reimbursement
Transportation for such educational courses will be provided for by the bargaining unit member,
unless such training is mandated by the City.
7. Maximum Reimbursement. The maximum tuition ra:teto be reimbursed for college-level
courses is that established annually by the State Legislature. Should a bargaining unit member
choose to attend a private school, he or she is responsible for paying the difference in tuition,
Additionally, bargaining unit members will be authorized to take no more than two (2) classes
per semester.
ARTICLE 24
MERIT/STEP PAY PLAN
24.1: New bargaining unit members who at the end of the initial probationary period, and after six (6) months
from their date of hire (new employee only), will be eligible for a one-step increase, after receiving a
satisfactory performance evaluation based upon satisfactory completion of work performance.
24.2; Annually on the date of classification, the bargaining unit member will be eligible for a one-step
increase, upon receipt of a satisfactory performance appraisal of work performance. This will continue
annually until the bargaining unit member reaches the maximum. pay for hislher classification.
24.3: If the recommendation for an increase is for one-step, justification is stated on the performance
evaluation and the pay increase will be implemented on the first full pay period following the bargaining
unit member's classification date. -
24,4: In rare cases a Supervisor or Department Head may make a recommendation for a two (2) step increase.
When this occurs the performance evaluation and justification (supporting documentation) for the
greater increase will go before the City Manager, The City Manager will review the information and
either accept or reject the recommendation. The Department Head will be notified of the City Manager's
decision and he/she will be responsible for informing the affected bargaining unit member,
~ Examples of supporting documentation would include .letters of commendation from
supervisors, department heads or citizens, being considered for or selected as an employee of
the quarter and any other doetmlentation that would help justify a two (2) step increase.
24.5: If the City Manager rejects the recommendation, then a one-step increase is given. The Department
HeBd am request another review in thirty (30) days to convince the City Manager to approve the special
merit increase, The City Manager's decision will be:final in all requests for a two (2) step increase.
24.6: If a bargaining unit member changes job classifications, his or her job classification anniversary
date will change, effective the date of the promotion or demotion, Probationary bargaining unit members
are not eligtble for promotion for six (6) months, or until such time that they are off probation.
35
24,7: Longevity Pay: Longevity pay will be awarded according to the following:
A. Bargaining unit members, 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 the first full payroll period following
their ten-year anniversary date.
B. Bargaining unit members, 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 the first full payroll period following their fifteen-year
anniversary date.
C, Bargaining unit members, 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 the first full payroll period following their twenty-year
anniversary date,
D, Bargaining unit members, 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 the first full payroll period following their twenty-five-year anniversary date.
E, Said adjustment(s) will be based on the bargaining unit members original date of hire
regardless of the salary pay step the bargaining unit member is in at the time he or she
attains the required number of years.
F, Bargaining unit members in a part-time or temporary status at the time of their relevant
anniversary date will not be eligible for longevity increases,
G. Those bargaining unit members who have received a longevity increase in their ninth
(9th) year will not be eligible for the ten (10) year longevity increase.
ARTICLE 25
SEVERABILITY
25.1: If any Article of this Agreement (or any Section thereot) should be found invalid, unlawful,
or not enforceable by judicial authority or by reason of any existing or subsequently enacted
legislation, all other Articles and Sections of this Agreement shall remain in full force and effect for the
duration of this Agreement.
25,2: In the event of the invalidation of any Article or Section of this Agreement, the City and the CW A agree
to meet within thirty (30) working days to discuss replacement of such Article or Section,
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ARTICLE 26
TERM OF AGREEMENT
This Agreement provision shall commence on April 1, 2001 subject to ratification and Council vote, and run
through September 30, 2003. Any new benefits under this Agreement that do not have a specified effective date
shall be instituted October 1, 2001, In witness whereof, the parties hereto have entered into this Agreement on
the 22JlLday of March 2001,
COMMUNICATIONS WORKERS
OF AMERICA Local 3180
~.. ~;pi~
Gary ~ster
~es~~~
Steve DiTrapano
CW A Vice President
~~
CW A Chief Steward
~//
~ j,,(", m~
Sally M .
City Clerk
Terrence oore
~
. ch Samolewicz
Director of Human Resources
~
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