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HomeMy WebLinkAboutR-90-45RESOLUTION NO. R-90-45 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYING THE AGREEMENT WITH THE COMMUNICATIONS WORKERS OF AMERICA FOR THE PERIOD FROM OCTOBER 1, 1990 THROUGH AND iNCLUDING SEPTEMBER 30, 1993; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Communications Workers of America iS certified by the Florida Public Employees Relations Commission as the bargaining unit for certain city employees; and WHEREAS, the City and the Communications Workers of America have negotiated a new three year agreement commencing on October 1, 1990 and ending September 30, 1993; and WHEREAS, the ~ity and the Communications Workers of America have reached agreement on said contract. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. The document entitled "Collective Bargaining Agreement between City of Sebastian, Florida and Communications Workers of America (Local 3180)", which document is attached hereto and made a part hereof as Exhibit "A" is hereby adopted as the employment agreement between the City of Sebastian and the Communications Workers of America for those employees covered in said agreement and employed by the City, for the period commencing on October 1, 1990 and ending on September 30, 1993. 1 SECTION 2. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilman _O~a~~ . The motion was seconded by Councilman and, upon being put to a vote, the vote was as follows: Mayor W.E. Conyers Vice Mayor Frank Oberbeck Councilman Lloyd Rondeau Councilman Robert L. McCollum Councilman Lonnie Powell The Mayor thereupon declared this Resolution duly passed and adopted this /~/'/'~day. of ~.~,~.~ , 1990. By: ATTEST: K~tSryn M/~ O'Hallo~an, CMC/AAE City Clerk Approved as to Form and Content: CITY OF SEBASTIAN, FLORIDA Charles Ian Nash, City Attorney TABLE OF CONTENTS 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 Agreement Preamble Union Recognition Management Rights Union Representation Dues Deduction Rights of Employees No Strike Bulletin Board. Hours of Work and Overtime Seniority - Layoff - Rec~11 Miscellaneous Paid Leave Sick Leave Annual Leave Grievance Procedure Holidays Promotions and Transfers Group Insurance Pension Plan Performance Evaluation Safety Disciplinary Action Salary Substance Abuse Testing i ii 1 3 6 8 10 11 13 1§ 18 22 29 32 41 45 46 47 49 51 52 23 25 26 27 Uniforms Tuition Reimbursement Step Plan Administration Severability Three Year Agreement 59 60 62 64 65 COLLECTIVE BARGAINING AGREEMENT betwween CITY OF SEBASTIANw FLORIDA and COMMUNICATIONS WORKERS OF AN~q~tCA (LOe,,~, 31So) , October 1, 1990 through September 30, 1993 ~. This Agreement is entered into by and between the CITY OF SEBASTIAN, FLORIDA, with principal offices at City Hall, 1225 Main Street, Sebastian, Florida 32958, hereinafter referred to as the "City" or "Employer", and the COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, located at 4500 North State Road 7, Suite 224, Lauderdale Lakes, Florida 33319, hereinafter referred to as the "CWA" or the "Union". This Agreement shall be effective when properly ratified by the city and the CWA and shall remain in force and effect through September 30, 1993. ~g_t~. Throughout this Agreement, masculine gender pronouns shall be read to include the feminine gender where appropriate .... ~ 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; and WHEREAS, the cornerstone of this foundation is the mutual acceptance and recognition of the rights and obligations of both parties, in order that the Joint responsibilities of the public employer and public employee to represent the public be fulfilled and the order and uninterrupted functions of government be assured; and WHEREAS, the City,is engaged in furnishing essential public services vital to the health, safety, protection, and comfort of the residents of Sebastian; and ~ WHEREAS, both the city and its employees have a high degree of responsibility to the public in so serving the public without interruption of these services; and WHEREAS, since both parties recognize this mutual responsibility, they have entered into this Agreement as an instrument and means to, permit them to fulfill said responsibility; NOW, THEREFORE, in consideration of the premises and promises set forth herein and the benefits and advantages 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: UNION RRCOGNITION parties. employees in the alphabetical order, unit: ~_e_~. The city, in accordance with a certification of the Florida Public Employees Relations Commission, dated October 15, 1984, hereby recognizes the Union as the exclusive representative for the purposes of collective bargaining with respect to wages, hours, and terms and conditions of employment for those full-time and part-time employees of the City working within the unit certified'pursuant to the aforementioned order and any other inclusions or exclusions mutually agreed to by the of the date of this Agreement, those following -,,classifications, listed in are considered to be part of the bargaining Account clerk I Account Clerk II Administrative Assistant Administrative Secretary Assistant Golf Course Superintendent Bartender Building Inspector II Building Maintenance Superintendent Building Maintenance Technician Cart Attendant Cemetery Sexton chief Communications Technician Clerical Assistant I Clerical Assistant II Code Enforcement Officer Communications Technician Computer operator Desk Clerk Engineering Technician Foreman Grill Cook Groundskeeper Head Cook Head Mechanic Heavy Equipment Operator Maintenance Worker I Maintenance Worker II Maintenance Worker IIi Mechanic Vehicle Maintenance Foreman Waitress/Utility Person -2- HANAGEHENT RIGHTS ~F~I~B_~. The Union recognizes that, except to the extent the Employer has agreed otherwise by the express terms of this Agreement, the Employer retains all the rights and authority it has previously exercised in the delivery of public services to citizens of Sebastian and in the organization and direction of the public employees who provide such services. Nothing in this Agreement shall be deemed" to constitute an undertaking by the Employer to guarantee the continuation of any job, operation or portion thereof, currently performed by unit employees. Nothing in this Agreement shall be deemed a guarantee of any unit employee. of this Agreement, authority to: (1) (2) (4) (S) (6) employment to Except as expressly relinquished the Employer retains the exclusive by the terms right and make and change reasonable rules and regulations; determine the basis for promotion of employees the bargaining unit; determine the qualifications for contents of job classifications; determine the work assignments of employees; change or eliminate existing work procedures equipment utilization; transfer, subcontract, or eliminate selection, retention, and to or for positions within employees and the and work, including -3- work performed by bargaining unit members~ (7) schedule and reechedule working hours~ starting and quitting times for employees in the Bargaining unit~ (8) determine procedures which will be observed in exercising any authority under this article~ (9) make and enforce standards relative to the quality of work to be performed~ and make appropriate arrangements for unit employees adversely affected by the exercise of any authority reserved to the Employer under this article. This includes rendering reasonable assistance to aid laid-off or terminated employees (non-disciplinary) in finding other employment~ offering to rehire terminated employees in'another Job classification should circumstances warrant, etc., and to assist otherwise in lessening the impact on the employee. relieve employees from duty because lack of work, because continued work would be unproductive, or because, in the Employerts good business judg- ment, curtailment or discontinuance of work is advisable. ~~1_~. The Union agrees, in recognition of management's (lo) (11) rights, not to request the Employer to bargain this Article during the life of this Agreement. decisions on the above matters have the practical with respect to However, should consequence of -4- violating the terms and conditions contained 'in this Agreement, the exercise of such management rights shall not preclude employees or the Union from raising grievances. ~J~_~. The Employer will maintain Job descriptions for job classifications covered by this Agreement and will notify the Union of any changes in such Job descriptions. -5- UNION REPRESENTATION Section 1. The Employer agrees to recognize elected officials and stewards of the Union. The Employer agrees that during the term of this Agreement, it will deal only with such authorized representatives of the Union in matters requiring official action by the parties in accordance with this Agreement. The Union agrees to supply to the Employer a list of authorized representativ~s and to give the Employer prompt written notification of any changes to the list of Union representatives. The Union further agrees the Employer is under no obligation to'deal with any person not officially included on the Union's list of authorized representatives. ~~O_~. The Union agrees that stewards shall not be permitted to leave their assigned duty stations during working hours without authorization of the Department Head. The Union agrees to conduct Union business outside normal working hours to prevent disruption of the work of unit employees. This shall not preclude the grievance procedure being conducted during normal working hours. Section 3. The City shall be allowed time off employees' Union Representative with pay to attend any official conference or school for union-related business, not to exceed three full days per fiscal year of the City. The day(s) off. shall be approved by the employee's Department Head and shall not be unreasonably withheld. The employee shall -6- give the Department Head at least five working days notice of intent to take this leave. This leave shall not be considered "sick leave" under any circumstances. This benefit is not cumulative. -7- DUES DRDUCTION ~9_t~. Upon receipt of stipulated, lawfully- executed Assignment of Wages/Dues Deduction form, attached as Appendix A, from an employee, the Employer agrees to deduct the regular dues of the Union from the employee's pay on a bi-weekly basis. Such dues wi1! be remitted monthly to the Secretary-Treasurer of the Union. The Union agrees to notify the Employer, in writing, at least 30 days prior to the effective date of any change in the regular dues structure. ~g_t~. An Assignment of Wages/Dues Deduction may be canceled by the employee on 30 days notice to the Employer and the Union. Dues revocation will be processed through the Union, but in the event of direct revocation, the Union will be notified as soon as is practicable. ~g~. The Union harmless the Employer, its from and against any claims, agrees agents, demands, to indemnify and hold empZoyees and officials damages or causes of action (including, but not limited to, claims, etc., based upon clerical or accounting errors caused by negligence,) of any nature whatsoever, asserted by any person, firm entity, based upon or related to payroll deduction of Union dues. The Union 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. -8- ~Z~/L_i. Nothing contained herein shall require the Employer to deduct or to otherwise be involved in the collection of delinquent dues, fines, penalties, or special assessments of the Union. -9- RIGHTS OF EMPLOYEES C~~_~. The Employer and Union agree that bargaining unit employees possess the right~ enumerated in 447.301, Florida Statutes, and are entitled to exercise these rights without interference, restraint, or coercion from any person, including Union representation in any discussion between the employee and representatives of the City in which the employees has reasonable grounds to fear that the interview is investigatory and may result in disciplinary action being taken against the employee. ~L~J~_~. Bargaining Unit employees are entitled to be represented Agreement. not covered officials. by the Union in grievances arising under this They may also bring matters of individual concern by this Agreement to the attention of City -10- ~L~_~. 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 employeesl the concerted submission of resignations by employees~ the concerted abstinence in whole or in part by any group of employees from the full and faithful performance of the duties of employment with a public employer for the purpose of inducing, influencing, condoning'or coercing a change in the terms and conditions of employment or the rights, privileges or obligations of public employment, or participating in a 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. ~~Jl_~. The Union recognizes that strikes by public employees are prohibited by Article 1, Section 6, of the Florida Constitution and Section 447.505, Florida Statutes. The Union agrees support a strike, all affirmative terminated any strike commitment. not to authorize, instigate, or otherwise as defined in Section 1, above, and to take action legally available to prevent or which occurs in contravention of this. f~_~I~l. The Union recognizes that it -- and all acting in concert with it -- shall be liable to the penalties Florida Statutes, in the event set forth in Section 447.507, of a strike in violation of this Article. ~g_~__~. Upon the occurrence this Agreement shall become null and void. ~ection ~. For the purpose informational pickets shall be allowed. shall not stop or discourage City business. Informational pickets honking of horns. of a strike, of this Agreement, Informational pickets employees from normal shall not encourage the -12- ~_e_g_~=~U__~. The Employer agrees to allow the Union the use of a bulletin board of reasonable size for the posting of notices of official Union business. No scurrilous, defamatory, or otherwise objectionable material will be posted. Any matter which, in the discretion of the Employer, contravenes this provision may be removed without notice to the Union. ~~_~. The bulletin board shall be used for the posting of the following: (a) notices of union recreational or social affairs; (b) notices of union elections and the results of such elections; (c) notices of union appointments union business; and (d) notices of union meetings. duly including or other official All notices shall be signed by a representative. Any other notices, containing information other than purpose, date, time and place, may be posted on the designated Union bulletin board only with the approval of the Employer. authorized Union any notices -13- ~=~I1_~. All costs incidental to the preparation and posting of Union materials will be borne by the Union. The Union is responsible for posting and removing approved materials on the designated bulletin board and for maintaining such bulletin board in an orderly condition. J~TICLE 8 HOURS OF WORK AND OVERTI~ t~. Basic Work Week (a) The basic work week for regular employees shall ordinarily consist of 40 hours per week, Monday through Friday, unless otherwise specified or scheduled by the Department Head to meet particular requirements of an individual department. a guarantee or This provision shall not be construed as limitation of the hours to be worked per week. (b) The basic work week for are part-time employees shall required to work by their consist of those hours., they Department Head or his designee. (c) Thirty (30) minute lunch periods are scheduled at the discretion of the Department Head. Lunch periods shall not be considered time worked. (d) Regular full-time and regular part-time employees shall receive 15 minute breaks in the first four hours of the work day and a 15 minute break in the second four hours of the work day, if worked. (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. -15- 40 at, (1-1/2) hours for each hour over 40. by an employee on call-out,/~sick leave~"-'fUh6~al leave, (b) All authorized and approved time worked in excess of hours in any one workweek is overtime work and shall be paid or by compensatory time off at, the rate of one and one-half time spent jury duty leave, and military leave shall be considered as time worked. Each hour of paid holiday shall be counted as an hour worked for the purpose of computing overtime hours for the week in which the paid holidayfalls. (d) If an employee has accrued overtime take compensatory time off rather than be paid for the employee shall within seven (7) days of the date overtime worked, submit a list o['~up to three (3) time and desires to the overtime, of the periods that the employee desires to take off as compensatory time off. The employeets Department Head shall attempt to accommodate the desires of the employeee as to the time off desired, work schedule and conditions permitting. If no compensatory time off is requested, or is requested but cannot be accommodated, or is authorized by the Department Head but is not actually taken off by the employee within 30 days of the date of the overtime worked, then the overtime hours shall be paid at the overtime rate of pay. (e) No employee will be required to take annual leave or be placed in leave without pay status during the basic workweek in order to deprive him of compensable overtime. -16- (f) Employees shall be required to work overtime when assigned unless excused by the Department Head. An employee who desires to be excused from an overtime assignment shall submit to the Department Head a written request to be excused. If approved, the written request shall remain in force until rescinded by the employee. 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, employees who have approved written relief requests on file will also be required to work overtime. When an employee .is called back to work after his normal work day, he shall receive a minimum of two (2) hours pay. Travel time shall be included as time worked. ARTICLE 9 SENIORIT¥/L~YOFF/REC~T.T. Section 1. Definitions (a) City seniority is the uninterrupted regular full-time or of an employee by the Employer, total cumulative length of regular part-time employment measured from the most recent date of regular employment by the Employer, Section 2 below. (b) Classification seniority is full-time or regular part-time service job classification. .. except as provided in the length of regular by an employee in a unit (c) City and classification seniority shall apply for the service awards, or for the first Probationary purposes of layoff, vacation computation, other matters based upon length of service. ~[9/L~. Accrual of Senioritv (a) Employees shall be in probationary status six months of employment in any job classification. employees accrue permanent regular seniority shall no classification seniority until they become employees, whereupon their classification date from the date of entry into the classification. probationary period shall continue to accrue notwithstanding subsequent probationary period(s) promotion to a different job classification. ~g_~/l_~. Loss of Seniority An employee who has completed his or her initial City seniority resulting from -18- Employees shall lose City and as a result of= classification seniority only (a) voluntary resignation; (b) retirement; (c) discharge; (d) layoff for a period exceeding twelve months; (e) absence without authorization for three consecutive working days; (f) failure to return from military leave within the time limit prescribed by law; (g) approved leave of absence of more than one year. ~_~g_~. Work Force Ad4ustment and T~v-off (a) When work force'adjustment becomes necessary due to lack of work, shortage of funds, discontinuance of operations, or the subcontracting-out City services, the Employer may lay-off employees. The Union and the affected employees shall be notified in writing not less than ten working days prior to the effective date of such lay-off. In lieu of notice, the Employer may elect to pay ten days' salary. (b) The duties performed by any laid-off employee may be reassigned to other employees already working who hold positions in appropriate classifications. (c) No regular full-time employee shall be laid-off while a probationary, part-time, or temporary employee remains employed in the same Job classification. (d) Permanent, regular employees who receive a lay-off shall have the right, in accordance with their to transfer or downgrade (commonly known as "bumping") the lay-off. Bumping shall only be permitted in the lay-off, in accordance with the following procedures~ notice of seniority, or to take event of a (1) Affected employees shall have five calendar days, from the date they are notified by management of the lay-off, to whether they desire to bump or take the lay- notify management off. (2) If the employee chooses to bump, the employee shall within the same five calendar days, identify the unit job position which is to be.the subject of the bump. If the employee possesses the minimum qualifications for that position, and has greater City seniority than t~e present occupant of that position, the bumping shall take effect within five calendar days from the date of the notification. bumped employee may then proceed Section 4 (d) of this article. If otherwise eligible, the himself in accordance with (3) In the event that two or more employees affected have the exact same classification'seniority, the employee with the least City seniority will be laid off first. (4) An employee bumping to a different job classification shall be placed in a trial period of not less than thirty days, nor more than sixty (60) days. If, in the opinion of the Employer, the employee cannot satisfactorily perform the duties of the position to which the employee has bumped, the employee will be laid off. (5) An employee bumping to a Job classification which is lower than his present job classification will be paid at his present rate of pay or at the maximum rate of the lower classification, whichever is lower. (e) Probationary employees, in their initial probationary period shall have no bumping rights. An employee who is in probationary status as of the notice of 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. (a) Recall of .laid off employees shall be made in accordance with City seniority. Notification of fecal! shall be made by certified mail, return r~ceipt requested, to the last address shown in the employee's personnel records. Laid-off employees who desire to be recalled shall keep the Employer continuously informed of their current mailing address, or lose their recall rights. (b) Within three working days after receipt of a notice of recall, recalled employees who desire to return to work must notify the Employer they intend to return to work, or lose recall rights. Recalled employees must return to .work fit for duty within ten working days of the receipt of a recall notice, or lose recall rights. ~. Permanent, part-time employees may bump only other part-time employees. -21- PAID., ~g=~&l~. Funeral LeaYe (a) With the approval of the Department Head, paid funeral leave not to exceed three consecutive working days may be granted to a regular full-time~~gular part-time emp~e in the event of a death in the employee'~ ~or purpo~e~f this provision, an "employee,s immediate family" is defined as the employeets spouse, parent,' child, brother, sister~ grandparent, grandchild, father-in-law, mother-in-law, or any relative who is domiciled in the employee's household. Funeral leave shall not be charged to annual leave, sick leave or to compensatory time. Any absence in excess of three days, in connection with approved funeral leave, will be charged to accrued annual leave or, if no annual leave is accrued, to leave without pay. ~. Court Leave (a) Employees attending court as a w~tness on behalf of a public jurisdiction or for jury duty in their no~al working hours shall receive leave with pay for the hours they attend court. (b) All regular employees subpoenaed to attend court are eligible for leave with pay. Those employees who become plaintiffs or defendants are not eligible for leave with pay, unless the court appearance is a direct result of their emplo~ent. -22- (c) Employees who attend court for only a portion of a regularly-scheduled work day shall report to their supervisor when excused or released by the court. (d) Employees required to attend court while'on ~ scheduled vacation may be allowed to take court leave instead of vacation leave for such period; provided the court attendance meets the requirements of this section. (e) Regular full-time employees required to attend court on a scheduled day off are eligible to receive up to eight hours pay, if required, at straight time. (f) Employees who seek to be excused from duty under this section shall present official notice of Jury duty to their supervisor at least 24 hours in advance of the scheduled jury duty (unless the employee actuatly receives less than 24 hours advance notice of Jury duty). Employees who are required to be absent from duty by' reason of Jury duty shall submit documentation to the Employer showing all days and hours of jury duty upon return to work. (g) Consistent with existing City policy, the employee shall remit to the Employer any and all compensation received for jury duty, excluding payment for travel and meals. ~g_~9~_~. Conference Leave The Employer may grant conference leave with pay, necessary travel expenses, for employees schools, and similar events with conferences, designed together to attend to improve -23- their the Employer. Department Head efficiency, if considered to be in the best interest of All leave and expenses will be recommended by the -- subject to approval of the City Manager. Maternity L~awe (a) In order to provide for uninterrupted coverage of the employee's position, the Employee will notify her supervisor in writing at least four weeks prior to her anticipated date of departure, stating the probable duration of the leave. (b) When an employee is determined by her physician to be medically unable to perform her normal job duties due to pregnancy or childbirth, she may utilize accrued sick leave and annual leave during herabsence. Once sick and annual leave are exhausted, the employee may be placed on leave without pay for a period not to exceed 60 calendar'days. Additional leave without pay may be granted by the Employer based upon demonstrated medical necessity, up to a maximum of 60 calendar days. ~9_q~. MilitarvLeav9 (a) Regular employees (full-time or part-time) who are commissioned reserve officers or reserve enlisted personnel in the United States Military or Naval service or members of the Florida State National Guard shall be entitled to leaves of absence for their respective duties without loss of pay, vacation, leave, efficiency or time ordered to military service or any training in an active duty or inactive duty for training status for a period not to exceed seventeen consecutive calendar days in any one annual period. -24- (b) The employee shall be required to submit an order or statement from the appropriate military commander as evidence of any such duty. Such order or statement must accompany the formal request for military leave at least two weeks in advance. (c) Regular employees (full-time or part-time) who are members of the Armed Forces Reserve or Florida National Guard shall be excused from work without inactive duty training drills as working days in any one annual period. pay to attend active or required, in excess of 17 Evidence of membership in the applicable organization'shall be provided to the department by the employees. Requests for such absences from work can be made by the employee either orally or in writing, The submission of the applicable Reserve or National Guard training schedule will satisfy this requirement. Except upon declaration of civil emergency conditions, if there is a conflict between departmental scheduling and the required military training, the department will make every effort to excuse the employee from work. ~g=~ll_~. Leave Without (a) The decision to grant a leave without pay (leave of absence) is a matter of management discretion. It shall be incumbent u_Ron each Department Head to weigh and to determine each case on its own merits, including time off for union business. (b) An employee may be granted a leave of absence without pay for a period not to exceed one year for sickness, disability, or other good and sufficient reasons which are considered to be in the best interests of the City. -25- (1) Such leave shall require the prior approval of the Department Head and the City Manager. Before such leave of absence will be granted, the employee must exhaust all accrued vacation and, if appropriate, sick leave. (2) Except under unusual circumstances, voluntary separation from the city service in order to accept employment not in the City service shall be considered as insufficient reason for approval of a request for leave of absence without pay. (3) If for any reason leave of absence without pay is given, the leave of absence may subsequently be withdrawn by the City Manager, and the employee recalled to service if the need no longer exists. (4) An employee granted"a leave of absence must submit a written statement monthly to the Department Head stating his current activity. In addition, the employee must keep the Department Head advised of his current address at all times. A copy of this written status report will be forwarded to the city Manager. (5) An employee who obtains either part-time or full-time employment elsewhere while on an authorized leave of absence is required to notify his Department Head in writing within three days of the acceptance of such employment. (6) Failure to comply with the notification requirements will result in the employee being dropped from leave of absence status, in which case he must return to duty or be dismissed. -26- (7) At least two weeks prior to the expiration of the leave of absence, the employee must contact his Department Head in order to facilitate the reinstatement process. (8) Failure by an employee to return to work at the expiration of a leave of absence shall be considered dismissal. (b) During the time an employee is on leave without pay, the employee earns no sick leave or annual leave. If provided by the pension plan in operation, an employee may maintain retirement credit by paying his full share of the premium. (c) Consistent with the provisions of COBRA, an employee on an approved leave of absence may continue group health insurance, provided that all necessary premium payments are made by the employee. It is payments current. (i) A 3O grounds for the employeets "~esponsibility to keep premium maximum premium payment delinquency period of days will be enforced. If a monthly premium is delinquent from the as of the and payment is not made by cash or payroll deduction next applicable pay period, coverage will be canceled beginning of the delinquent period. (~) If coverage is canceled during an approved leave of absence, it may be reinstated upon an employeets return to active duty consistent with the plan~s requirements. ~. Eliaibilit~ -27- Only regular full-time and regular eligible for the miscellaneous Article. All such benefits shall not be transferable. S_Eg_t~&~_~. Personal Leave part-time employees are paid leaves provided by this are personal to the employee and (a) Each regular, full-time employee Shall be entitled to four (4) days of personal leave per year. Such personal leave will be taken from accrued sick leave subject to Department Head approval. Personal Leave shall not be used to extend any vacation or holiday. It can be used to extend other types of leave with permission of the Department Head. (b) Each regular part-t/me employee shall have four four-hour days (two eight-hour days) of personal leave. Such personal leave will be taken from..,accrued sick leave subject to Department Head approval. Personal Leave shall not be used to extend any vacation or holiday. (c) If an employee takes one day or more of personal leave such leave shall constitute a day of "sick leave" within the meaning.of paragraph (f) and, as such, shall forfeit the extra day's pay and the Birthday holiday. -28- E~~D_~. Eliaibilitv (a) Only regular full-time and regular part-time employees are eligible for sick leave with pay. Temporary and seasonal employees are not entitled to paid sick leave. ~;~J3_~. Accrual of sick Leav~ (a) Regular full-time employees accrue sick leave at the rate of one full working day (8 hours) of sick leave with pay for each full calendar month of employment to a maximum of 12 days per year. Regular part-time employees shall accrue sick leave at the rate of four (4) hours for each calendar month of employment to a maximum of six (6) days per year. (b) Sick leave does not accrue while an employee is on leave of absence, leave without pay, or sick leave. (c) Annual sick leave accrual periods commence on an employee's anniversary date each calendar year. (d) In the event an employee's sick leave and annual leave are exhausted, sick leave may be taken prior to accrual upon approval of the Department Head and City Manager or his designee, up to a maximum of ten (10) days. ShoUld an employee resign or terminate employment for any reason, and has taken sick leave prior to accrual, he shall reimburse the City for all such sick leave taken by deduction from his final pay check. ~~J3_~. Re~uuest for Sick Lea¥~ -29- each day he Department (a) An employee who is incapacitated and unable to work shal! notify his immediate supervisor within one hour of his scheduled reporting time. The employee shall state the nature of his incapacitation, its expected duration, and the expected period of absence. The employee shall repeat this procedure on is unable to report for work, unless excused by the Head. Upon the employee's return written documentation of sick leave will Department Head, or his designee. Use of Sick Leave (a) to work, appropriate be submitted to the Sick leave maY. be used for the following purposes= (1) employee ill health or maternity~ (2) medical, dental, o~ 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 Workerse Compensation~ (6) for death in employeees immediate family~ and (7) illness of an immediate family member requiring the employee to remain at home. (b) Whenever it appears that an employee abuses sick leave, such as when an employee consistently uses sick leave immediately upon its being accrued or before and after holidays or weekends, the employee shall be required to furnish competent proof of the necessity for the claimed absence due to illness. The City -30- reserves the right to require a physiciants certificate in all uses of sick leave. Abuse of sick leave shall constitute grounds for disciplinary action. (c) Sick leave may not be used for absences due to illness or injury sustained while engaged in outside employment. (d) Employees may use sick leave during their first six months of employment. If an employee resigns or is otherwise terminated during the first six months probationary period, he er she will reimburse the City for all sick leave taken by deduction from his final paycheck. (e) Any unused sick leave balance is forfeited upon an employee's separation from City employment. (f) Every employee entitled to sick leave benefits and who does not take any sick leave during.,the fiscal year (october 1st through September 30th) shall be given one dayls pay in the first pay period in December. Such employee shall also be given his biFthday off with pay, subject to the work schedule. If work requirements do not reasonably permit the employee to take off from work on his birthday, or if his birthday falls on a holiday or day off, some other mutually-agreeable day near the employeets birthday may be taken off with pay. The dayts pay shall consist of four (4) hours for part-time employees and eight (8) hours for full-time employees. -31- ctS. Eliaibilitv Only regular full-time and regular part-time eligible to earn paid annual leave. ~gg_~L~. Rate of Accrual (a) employees are Annual leave is earned on a pro rata, monthly basis at the following annual rates: Continuous Unbroken EmDlovmen~ i Year but less than 5 years 5 Years but less than 10 years 10 Years Monthly Accrual R~e .83 1.25 i%67 Full Time Annual Leave 10 Working Days ( 80 Hrs. 15 Working Days (120 Hfs 20 Working Days (160 Hfs Continuous Unbroken Rmolov~ent 1 Year but less than 5 years 5 Years but less than 10 years 10 Years Part-time Annual Leave 40 hours (5 days) 60 hours ( 7.5 days) 80 hours ( 10 days ) (b) No annual leave may be taken during months of employment or re-employment. (c) Annual leave accrual rate changes take employee's anniversary date. ~. Request for Annual Lear, the first six effect on an (a) A request for annual leave shall be submitted, in writing, to the employeete Department Head. (b) A request for leave shall not be granted if the employee has no accrued balance of annual leave. Annual leave shall not be used in advance of its being earned. (c) The minimum charge against the accrued annual leave balance is one hour. one hour shall be deducted from an employee's accrued leave balance for each hour, or part thereof, an employee is actually absent from his duty station. (d) No annual leave may be taken in advance of its approval by the Department Head. Section 4. Use of Annual Leave (a) Annual leave may be used for the (1) vacation; -,,~ (2) absences from duty for business which cannot working hours; (3) religious holidays; (4) medical leave exhausted; and (5) holidays not following purposes: transaction of personal be conducted outside of designated as official if sick leave balance has been any other absences not covered by existing leave provisions, in the discretion of the Employer. -33- (b) An employee who becomes sick While on Annual Leave may substitute accrued sick leave for annual leave for the period of illness. Upon the request of his Department Head, the employee shall supply appropriate certification from a physician as to the nature and duration of the illness. (c) Annual Leave not used in the 12 month period following its accrual shall be forfeited unless specific exemption is granted for good cause after written request to the City Manager. The City Managerts decision shall be final and binding. Section 5. Separation from Employment Upon retirement, resignation, or other separation from City service, a regular full-time or regular part-time employee shall be entitled to be paid for his accrued balance of annual leave at the rate of pay received by -the employee on his date of separation~ provided, however, that such employee has not been terminated for cause. ~34- GEI]~J~ICE ~EOC~DU'~R ~g_~. The procedure set forth in this Article shall be the exclusive method for resolving Union and employee grievances. Grievances are defined as disputes concerning the interpretation or application by the Employer of the terms of this Agreement. Oral reprimands are not grievable. ~. 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 Union agree that every effort will be made by management and by the grievant, or grievants, to settle grievances at the lowest level possible. ~. General Provisiops (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 Union and the Employer, the failure of the grievant or the Union to observe any applicable time limit shall constitute an abandonment of the grievance, absent a mutually agreed extension. -35- ~. Within seven (7) days of the incident giving rise a grievance, the grievant shall explain and discuss the to grievance orally with his immediate supervisor, who may call higher level supervision into the discussion in an effort to achieve a prompt satisfactory adjustment. The immediate supervisor will notify the employee of his decision within seven (7) days of the date of the discussion with the employee. If the grievant is not satisfied with the immediate supervisor~s decision, or if no decision is communicated to the employee within the allotted period, the employee may appeal to Step 2 within seven (7) days of the due date for the Step I employee filing with his the standard grievance The Department Head shall schedule seven (7) days of the Within seven (7) days the Department Head shall decision. ~kSR_~. Step 2 is initiated by an Department Head a written grievan'~e on form, attached as Appendix B. a meeting with the employee within submission of the written grievance. after the Step 2 grievance meeting, issue a written decision concerning the grievance. If the grievant is not satisfied with the Department Head~s decision, or if no decision issues within the time allotted, the grievant may appeal to Step 3. ~_t_~. Within seven (7) days following the date of the Step 2 earlier, Manager, requested, decision or the date on which it was due, whichever is the grievant may file a written appeal to the City attaching all applicable grievance documents. If or deemed advisable by the City Manager, a grievance -36- meeting receipt present Within seven (7) (7) days of the shall be scheduled within seven (7) days following his of the Step 3 appeal. At such meeting, the grievant may evidence and argument in support of the grievance. days of the grievance meeting, or within seven receipt of the Step 3 appeal if no grievance meeting is held, the City Manager shall issue a written decision concerning the grievance. If the issue falls within the range of minor disciplinary action, i.e., any discipline less than suspension without pay, the City Manager,s decision shall be final and binding upon the Employer and upon the grievant, in all cases other than minor discipline and performance evaluations, if the grievant is not satisfied with the Step 3 decision, the Union may invoke the arbitration procedure of Step 4. ~-. Step 4. The Union may invoke arbitration by sending written notice to the Employer within fifteen (1§) days of the date the Step 3 decision issues or the date on which ~t was due, whichever is earlier, invocation of arbitration by the Union any time prior agree upon a however, this the Employer's representatives will not preclude settlement of the grievance at to the issuance of an arbitrator's award. ~g_t~. The parties will attempt to mutually-agreeable impartial arbitrator. If, cannot be done within seven (7) days following receipt of the Union's request for arbitration' of the Employer and the Union 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. -37- Upon receipt of the list, representatives of the Employer and Union shall meet within ten days and, beginning with the Union, each shall alternately strike, one at a time, until 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 selection. Either party may object to 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. ~~D_~. 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 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 disciplinary action, the arbitrator shall not substitute his judgment as to the wisdom or the degree imposed on any employee inquiry shall be limited evidence of misconduct before imposing the imposed. In the event of the arbitration of severity of disciplinary action by the Employer. The arbitrator's to whether the Employer possessed discipline ultimately of a grievance arising -38- out of the discharge of an employee, to either sustain the discharge or, if he does empowered to reinstate the employee with or without whole or in part, as the circumstances warrant. the arbitrator is empowered not, he is back pay, in Any award of back pay shall be reduced by any unemployment .compensation or other compensation the employee may have received. (e) The fees and expenses of the arbitrator will be paid by the losing party. Each party shall bear the cost of its own witnesses and representatives. Any party requesting a transcript will bear its cost, unless otherwise agreed. (f) Copies of the Arbitrator~s award, made in accordance with the jurisdictional authority under this Agreement, shall be furnished to the parties within 30 days of the hearing, unless the parties mutually agree to extend the time limit, and shall be final and binding on both parties. -39- NAME OF GR1'EVANT.* APPENDIX B GRIEVANCE FORM (Type or Print Clearly in Ink) 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 -40- ~g_~. The following shall regular full-time employees of the City= New Year~s Day Washington~s Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day .. Friday after Thanksgiving Christmas Eve Day '~ Christmas Day ~Eg_~. Generally, when a Saturday, the preceding Friday will holiday. When a holiday falls on a be paid holidays for holiday falls on a be observed as the sunday, the following Monday will be observed as the holiday. However, on occasions, another day of observance may be more appropriate~ in such instances, the City Manager will establish the date and will notify all employees in advance. Section 3. No part-time employee shall receive pay for any holiday on which they do not actually work. No regular full-time employee shall receive pay for a . holiday unless he is in active pay status or actually works his normal work schedule on the work day immediately preceding -41- and the work day iatmediately following the day on which the holiday is observed. For purposes of this Article, "active pay status" means approved or annual sick leave, military leave, jury duty, or other approved leave with pay. -42- ~RONOTIONS AND TRANSFER~ Se__g_~D__~. An employee who fulfill~ all applicable requirements for another unit position with a higher rate of pay may be promoted to that position. Vacancies in positions above the lowest rank in any classification will be filled, as far as practicable, by the promotion of current employees. To this end, all promotional opportunities will be advertised in-house for three days. No employees whose last performance rating was less than satisfactory is eligible for promotion. ~L[QIi_~. When an employee is promoted to a higher paid position, his new rate of pay shall be the minimum rate applicable to that position. If the employeees current salary is higher than the minimum rate for the position to which promotion is made, the employee shall be placed in the closest step which provides a salary increase of at least 5%. Subject to the approval of the City Manager, a greater promotional increase may be recommended by the Department Head. a new job classification classification The effective date of an employeees promotion to classification shall be the employee*s new anniversary date for the purposes of seniority determination. -43- ~~lh__~. An employee may be transferred between departments when a vacancy exists in the same classification which is presently occupied by the employee. Such a transfer does not affect an employee,s 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 employee must serve a thirty (30) day trial period in the new department. (c) If, after the trial period, the employee is found to be unqualified for the position or incompetent to perform the duties of the new position, he.. shall be returned to the position from which the transfer took. place, provided that a vacancy exists. If no vacancy exists, and if it-~.is not feasible that another position be created, the employee shall be laid off. (d) The City Manager or his designees may, in writing, assign a bargaining unit member to a higher job classification for a temporary period. The affected bargaining unit member shall be entitled to receive the increased salary of the higher job classification for each day worked in that higher classification. The bargaining unit employes'shall receive the entry level rate of pay for the higher job classification or be placed in the closest step which provides a salary increase of at least 5%. -44- GROUP INS~CR ~~D__~. During the term of this Agreement, the Employer agrees to pay the premium in effect on October 1, 1990 to provide continued group insurance coverage to regular full time employee and their eligible dependents. It is expressly understood by all parties that the Employer shall not be obligated to pay for any additional group insurance premium which the present carrier may demand on or after October 1, 1991 for continuation of employee or dependent coverage. t~c~Lq&L~. In the event that the present carrier increases the premium rate for the group insurance coverage in effect on October 1, 1991, the Employer agrees to notify the Union as soon as is practicable. The Union agrees that the Employer may, at its discretion, or after October 1, 1991, obtain substitute insurance coverage from another carrier which is available at the existing premium costs~ or require each covered employee to contribute his pro rata share of the increased premium cost for the employee and/or dependent coverage, whichever may be applicable. In the event that the present carrier increases the premium rate for the group insurance coverage in effect between October 1, 1990 and September 30, 1991, the parties agree that the Employer shall pay all such costs. -45- P~NSION P~d~ ct~e_~/L~. The Employer agrees to maintain its present pension for eligible employees. The parties expressly recognize that the pension plan is subject to actuarial soundness requirements imposed by Article X, Section 14 of the Florida Constitution and the requirements of Chapter 112, Part VII, Florida Statutes. -46- PERFO~~ EVALUATION ~t_J~/[_~. Employees shall be entitled to receive a copy of any performance evaluation prepared concerning their work and shall be entitled to discuss their evaluations with the person(s} rating them. Performance evaluations are not subject to arbitration. ~g_~. At the conclusion of an employee's first six months of employment in any Job classification, the employee shall be evaluated by his Department Head to determine whether the employee has satisfactorily completed his probationary period. If the employee,s rating reveals his probationary performance has not been satisfactory, the Department Head may recommend termination or extension of the probationary period. The City Manager may then extend the probationary period for good cause up to three (3) months. The Department Head shall furnish the employee with a written notice of the deficiencies which render his performance unsatisfactory. The City Manager or his designee shall notify the employee of any extension, and the employee in writing, on Head shall furnish the employee with written notice deficiencies which render his performance unsatisfactory. shall notify the local union president. Regular employees shall be formally evaluated, his anniversary date. The employee~g Department of the -47- The City may extend the evaluation period beyond the anniversary date for up to three (3) additional months in order to permit the employee the opportunity to correct deficiencies in his performance. ~. In the event that reclassified to a different Job title prior date for that year, a performance evaluation for the months of employment in the old job an annual performance evaluation shall be prepared anniversary date of assignment to the new Job title. the employee is to the anniversary shall be completed title. Thereafter, on the ~. The Employer and the Union agree to continue 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 selected by the City Manager and up to three (3) members selected by the Union. ~~[_~. The SafetYCommittee shall meet regularly, as it may determine, to consider methods of maintaining and improving job-related safety. The. Committee shall make recommendations for safety maintenance and improvement, which shall be given due consideration by the Employer. ~Cg~__~. The Employer and the Union recognize the mutual responsibilities of management and employees to promote a safe work place and agree to cooperate in maintaining City equipment and facilities in safe conditions. ~g_t,J~_q_~. The Employer agrees to make available copies of the City safety manual available to all employees to review. Section 5. Any employee who causes damage to, or destruction of, property of the Employer without substantial justification or excuse shall be subject to disciplinary action, up to and including termination, and may be liable for up to the full cost of replacement or repair of the damaged or destroyed property. Department examination regardless of Head, the not more the prior approval City shall pay for than every twenty the examination. the outcome of of the Employee's an employee's eye four (24) months The City shall also pay for the first pair of basic frames for safety glasses for those employee's required to wear safety glasses. The City will pay for basic safety lenses and replacement of basic lenses as needed by breakage or prescription change. -50- DISC'rPI~NARY ACTION Set__~g_~_~. Disciplinary action may be taken against any employee for just cause. ~P~__~. A copy of any written reprimand issued to an employee will be presented to the employee and placed in his permanent personnel record. ~. Probationary employees are not entitled to seek review of disciplinary action, up to and including termination, under Article XIV of this Agreement. -51- Step Pay Plan across-the-board. For Fiscal Year 1990-1991, shall be increased by the Cityts existing four percent (4%) -52- ARTICLE 22 SUBSTANCE ABUSE TESTIN~ ~ Purpose The City recognizes that its employees are the problems that face society in general. not immune from The problems of alcohol and drug abuse have become widespread throughout our community and nation. While the city does not have reason to believe that any employee is abusing alcohol or drugs, the only effective means of avoiding potential problems is through a comprehensive policy directed against alcohol and drug abuse by employees. The primary..obJective of the policy is to provide a safe and healthy work environment for all employees, and thereby provide the highest level of servi~e to the public. ~g_tJ~J]_~ Definitions (a) "Alcohol abuse" means the ingestion of alcohol or alcoholic beverages, on or off duty, which adversely affects the employeets ability to perform his Job duties. The use, or being under the influence, of alcohol or alcoholic beverages on the job by City employees is strictly prohibited. (b) "Drug abuse" means the use of any controlled substance as defined in Section 893.03, Florida Statutes, as amended from time to time, not pursuant to a lawful prescription. The term "drug abuse" also includes the commission of any act prohibited by chapter 893, Florida Statutes, as amended from time to time.. -53- on specific, objective facts derived from the circumstances from which, it is reasonable to infer investigation is warranted. (c) "Illegal drug" means any controlled substance as defined in section 893.03, Florida Statutes, as amended from time to time, not possessed or taken in accordance with a lawful prescription. (d) Department of Health and Human Services (HHS) Mandatory Guidelines for Federal Workplace Drug Testing Programs (the HHS Guidelines) means those guidelines as published in the April 11, 1988 edition of the Federal Register (53 Fed. Reg. 11970), as they may be amended from time to time. (e) "Reasonable suspicion" means a suspicion that is based surrounding that further ~ Circumstances Wh~ Testing May Be Required The City may require an employee to submit to tests for the presence of alcohol or illegal drugs under any of the following circumstances: (a) As part of the initial screening process for employment applicants (b) As part of an employee,s annual physical examination, if such a program is established (c) Whenever an employee is promoted (d) Whenever two managerial employees concur that there is a reasonable suspicion that an employee is using, under the influence of, or in possession of alcohol or illegal drugs while on duty, or that the employee is abusing alcohol or illegal drugs -54- either on or off duty and the abuse either adversely affects his job performance or represents a threat to the safety of the employee, his co-workers, or the public. (e) Whenever an employee is involved in an accident while operating a City vehicle or while working for the city, which results in personal injury or property damage. (f) At any time within one year after an employee has been counseled or otherwise disciplined because of a problem with alcohol or illegal drugs, or within one year after an employee has tested positive for the presence of alcohol or illegal drugs. ~ Testing Procedures (a) Whenever an employee is required to provide specimens for these testing procedures, the employee shall be required to provide one specimen (large enough to provide two (2) separate samples) at the time of collection in order to facilitate the testing procedures described in this section. Chain of custody procedures consistent with HHS Guidelines will be followed in all procedures. In testing for the presence of alcohol, a generally accepted blood test procedure testing (b) utilize the City. shall that provides quantitative results showing the amount of alcohol present in the blood. The threshold level for a determination that an employee is under the influence of alcohol shall be: .05 or more percent by weight of alcohol in the blood sample tested. (c) In testing for the presence of illegal drugs, the following procedures shall be followed: -55- (1) The City shall submit the first of the samples to an immunochemical assay or radioimmunoassay test, if the results of this test are negative, no further testing will be conducted. (2) If the resUlts of the initial test provided for in section 4(c)(1) are positive, the sample will be submitted for further testing using the gas chromatography/mass spectrometry (GC/MS) method to verify the initial test results. (3) If the results of the second test administered under section 4(c)(2) are positive, the City shall promptly notify the employee of the results. At that time, the employee may elect to have the second sample subjected to testing. If the tests on the second sample are positive, or if the employee does not request testing of the second sample, the City may take corrective and/or rehabilitative~.~., action as provided below, including disciplinary action where appropriate. (d) The threshold level for a determination employee is under the influence of illegal drugs established in accordance with the HHS Guidelines, that an shall be or in accordance with generally accepted medical procedures, where such limits have not been established by the HHS Guidelines. ~ Rehabilitative/Corrective Action (a) An applicant for employment whose urine or blood is found to contain alcohol or illegal drugs shall be considered unfit to perform the duties of the job the applicant seeks. (b) An employee found to have possessed, used or been under the influence of illegal drugs or alcohol while on duty shall be subject to disciplinary action, up to and including dismissal. -56- condition of construed to disciplinary action when an employee tests positive presence of alcohol or illegal drugs. (d) Any employee who refuses to submit to alcohol (c) The City may require an employee who has tested positive for the presence of alcohol or illegal drugs to submit to counseling or other rehabilitative treatment as a condition of continued employment. This section shall not be limit the Employerts right to take appropriate for the abuse testing provided by this discipline, up to and including discharge (a) The City shall pay the cost of examinations and tests required by this article. (b) Physical examinations and specimens required or drug article shall be subject to from his employment. any physical article will normally be obtained while the employee If an employee is required to other than during normal duty for all time required for the by this is on duty. submit to examinations or testing hours, the employee shall be paid examination and testing. (c) The physical examinations and tests will be performed by medical personnel selected by the Employer. (d) Employees who are required by this article to take a physical examination or test shall sign authorizations releasing the records of such examinations and tests to the city. (e) The City shall, to the extent permitted by law, endeavor to keep the results of any testing performed pursuant to this article confidential. Furthermore, any positive test -57- results that the City later determines have been have affixed thereto the subsequent refutation. shall be considered confidential medical records. refuted shall Test results -58- ~. The City shall provide uniforms to all members of the bargaining unit who are required to wear them. When purchased, uniforms shall be replaced at the Cityts cost at the discretion of the employeets Department Head. S~. If an employee is provided uniforms and the employee does not complete the six month probationary period for any reason, the cost of the shoes shall be deducted from employees last pay check and uniforms returned to the City. -59- ~tJ~/L~. The City desires to help its employees in their jobs by paying for job-related courses up to the limits of available funds for education during their off-duty hours. following guidelines will govern tuition ~_~gJ~tl_~. The reimbursements 1. Eliuibili~¥. employed by the City Open to full-time employees who have been for at least one year, An employee desiring to participate in the city's Tuition Reimbursement Program should submit an. application to his Department Head at least 15 days before the starting date of the course. If the Department Head recommends the course, the recommendation will be forwarded to the City Manager for final approval. 2. APProVed traininq. Approved courses will directly relate to the employee's current assignment which will improve his skills, knoWledge and ability to perform his duties and will increase his 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. lte~iDients of scholarships. An employee receiving a scholarship or grant for education is not eligible for reimbursement. -60- 4. Service Requirement, Employees Tuition Reimbursement Program agree to City for at least one If the employee leaves payment to the City. 5. Grade Re~uirement. must be accomplished through reimbursement will be made. "pass" or "fail" basis, reimbursement. 6. Reimbursement. participating in this remain employed by the completion of the course. year, he must return the year following prior to one Successful a grade completion of training "C" or better before In courses which are offered on a a pass grade must be earned for Upon the successful completion of approved training, a .copy of the employee's grade report along with a canceled check or receipt will be submitted to the City Manager. "~ 7. Maximum Reimbursement. The maximum tuition rate to be reimbursed for college-level courses is that established annually by the State Legislature. Should an employee choose to attend a private school, he is responsible Additionall~, employees will be classes per semester. for the difference in tuition. authorized no more than two -61- Al~ICI~ 25 STEP PIAN~INIS~TION ~g_t~Jl~. For the purpose of "anniversary date" shall mean the employee's entry into a particular Job title. an employee moves from one job title to another the curse of his employment with the city, anniversary date shall change to that date this Agreement, the term annual anniversary of an in the event that Job title during such employee's which is the anniversary of his commencement of duties in the new job title. ~~D__~. A new employee in a particular job title, without any demonstrated., education, training, or experience in that job title, shall be placed at Step One. This employee shall be eligible for movement to Step Two at the successful completion of his six month probationary period. This employee shall be eligible for movement to Step Three upon completion of his first year of continuous, unbroken employment with the City in his job classification; provided that such employee receives at least a upon his first anniversary satisfactory performance evaluation date. .~TctJ_~. The City reserves the right, employee's previous education, training and exercise lateral entry and initially place such of the pay steps allocated for the job title employee is hired. In the event such lateral however, such employee shall not be eligible at the end of his probationary period. based upon a new 9xperience, to employee in any into which such entry is exercised, for a step increase -62- advance receipt Section 4. All permanent employees shall to the next higher pay step for their Job title upon of an annual evaluation which is at least satisfactory. In the event that an employeets performance is below satisfactory, the City shall inform the employee in writing, of his specific deficiencies and allow the employee a reasonable time to correct his performance. The City shall delay movement of the employee to the next pay step for his job title until such deficiencies are corrected. ~ection 5. In the event that an employee is reclassified to a job classification which carries a higher annual rate of pay, such employee shall be .entitled to the entry level salary for such new Job title or movement to the pay step for the new job title which most closely exceed~ this current rate of pay. Notwithstanding the above, the City reserves the right, based upon an existing employee's previous education, training, and experience, to exercise lateral entry and initially place such an employee in any of the pay steps allocated for the new Job title into which such employee is reclassified. -63- ~. If any Article of this Agreement (or any Section thereof) should be found invalid, unlawful, or not enforceable by judicial authority or by reason of any existing or subsequently enacted legislation, all other Article and Sections of this Agreement shall remain in full force and effect for the duration of this Agreement. Se'_~t~_~. In the event of the invalidation of any Article of Section of this Agreement, the Employer and the Union agree to meet as soon as may be practicable to discuse replacement of such Article or Section. -64- This Agreement shall commence on October 1, 1990 and run through September 30, 1993. During the~f, irst---ygar and secoRd~¥~f thig Agreement only wagesW~'~~~ and o^~(/'~~) ,~W~ -t~~~rticles may be reopened at the option of each party. Notice of the article to be reopened and the specifics thereof shall be delivered to the other party not later than May 1, 1991 not later than May 1, agreement of the parties.~ may be made at any time but neither party has any duty to agree to any such out of term reopeners. In witness whereof, the parties hereto have entered into this agreement on the /~ ~ day of ~-.~_ , 19~. This Agreement was ratified by the City Council of the City of Sebastian, Florida, by formal action on /...~'~ day as to the second year, and 1992 as to the third year. By mutual changes or amendments to the Agreement prior to the respective May 1st dates, -65- COMMUNICATION WORKERS OF AMERICA CWA Representative - Florida DarYi0Th0m'pSon , Tim smithy ' ATTEST: Kathr~ O'H~Ioran City d~ . APPRO/FED AS TO FO~. Charies Ian ~ash City Attorney CITY OF SEBASTIAN, FLORIDA W.E. Conyer~ Mayor R6bert S. McClary City Manager Finance Director Jo Anne ToWn~end Assistant City Manager STRP PLAn 30H CLA$SR8 3 " 4 " S II II 11,267" 11,701 I, 12,134 I! 5.42 ,I 6.63 II 6.83 ii ......... II .....Il II .... Il ......... 12,307 t~ 12,741 Il 13,176 II JOB TITL! " I " 2 Il II ........................ ~ ................. Il II II gAITRA$S/UTILiTT PRRSO! ,, , 10,409" 10,634 ,, ' 6.00 i, 5.21 Houri! Rate Per Step , ,, DiSK CLRRA, CARTHAH, CLRRlCA~ ASSiSTAH! I S Il,riO ti 11,0T4 Hourly lute Per Step BARTRIDAR Il,riO ** 12,046 ,, Hourly Pate Per Step 5.SO II 5.79 ACCOUNT CLERK !, HAIRTARAHC! WORARH !,i, 11,960 ii 12,054 II II Hourly Rate Per Step " 5.75 ii O,00 CLIniCAL ASSISTANT Il, := 12,49o.~ 13,000 CO~RICATIOK TRCHWIClA9 ,, ,, II II Hourly lite Per Step " 9.00" 6.25 II II .......................................... 11 ..... II Cglir CO~HICATIORS TRCHHlClAR, HACHAHIC ,, 13,000 ', 13,520 Hourly Hate Per Step " 6.25 i, R.5 II ............... . IQtlIFHKNT OPRBATOR (G/C), "13,000" 13,694 II II HAiPTAHAKR #ORKRR !!, COHPUTRR OPRRATOI Hourly Pate Far Step i, 6.25 II ACCOUNT CLRRK !I HAIRTRHAKI IORItl Iii, ii 14,040 ! A~HIRISTRATIV! SKRRTART If Hoorly late Per Etep " 8.75 .......................................... Il .... I coB! Apr. O,ICRR, AS$'T. GRRIK SUPT. " 15,000 II 5.50 *' 6.71 5.02" 0.13 ~I 8.33 it II ......... ~ .................... Il_. . Il II ...... II 12,053 il 13,259 t, 13,965 il II II 13,347" 14,041" 14,735 ti il II II II II 6.42 I, 0.75 I, II !1 ' . ..... II ........ II II *11 ......... 13,520" Ii,riO I, 14,560 II Il II Ii II 6.50 II 0.75 II 7.00 Il II ......... Il I .... II ......... p ..... ~I~DIK HAIRTRRAKR TRCHWIClAH, ,, FORIHAH, Ai)fllHISTRATITI KSIOTAIT Hourly Hate Per Step ARGIRIIRIPG TgCflglClA! Hourly Pate Per Step VRflICL! HAiRTKHAHCI FORIHAH, C~ATART SRXTOH Hourly lute Per Otep ! BUlLRINg I9$PICTOR Ii , Houri/Pate Per Otep , 14,040 I= 14,560 6.75 ~ 7.09 ......... ~I ......... 14,387 Il 15,001 Ii II II II g. SR" R.92 I, 7.25 41 II 14,734 ~ 15,427 =I 10,121 II II II 7.08 == 7.42 == 7.75 15,774 ~ IR,407 I! II II II II I! 7.25 ~ 7.58 I~ 7.92 17,160 ~: 17,964 ti IN,547 e.25 =t e.5e Il e.e2 18,720 =: 19,414 =~ 20,107 II i1 II II II I1 II Ii g.o0 t= 9.33 =S 9.07 19,240 f~ 19,934 fl 20,927 ' H.25" 0.58" Il ti .......................................... II.._ II II STRIA7 I DRAINER SUPKRIPTIRORIT "23,400" 24,094 ti II Hourly Pate Per Otep ,l 11.25" 11.Si Il II .......................................... Il ...... ii I II """11 ......... I ii 7 II II ......... II II 12,483" 13,000" Il g.O0 ,i 6.01" if .. ........ ,,. ,, 13,608 Il 14,040 II 1.54" 0.75" II Il I ........ II II ' "11 ......... II 14,472 I, iS,OmO" II 0.90 ~ 7.25 15,427 ii IR,120 II II It II 7.42 i, 7.15 ti Ii II '. ........ II ...... tl II ---II 15,000 ,i 15,R00 ,i Il Il ii II II 1.25 I, 7.50 I, I! ......... I1._ II II ....... Ii 15,080 I IS,mO0" IR,120" Il Il 7.25 I= 7.50 == 7.76 :~ ...... ;..Il II ti ii ......... II ......... II 15,776 ~l 16,467" 17,160" II II II II 7.50 t~ 7.92 II 0.25 t, II II ~1 tl ......... II l~,glS It 17,507" 18,200" Il II Il II Il i.Ofl ~l 9.42" 0.75" Il fl ......... ,, I, ,, ,, ......... ,, ......... ,, 17,1Hi I?,H55 II IH,547 19,240" Il Il II II II II II ii II ii II Ii Ii 6.25 I, 8.5! ,I g.g2 9.25" il II ii t ......... il ...... il I ......... II ,, ---,, ......... ,, 19,240" 19,935 Il 20,327 21,320" II 9.25 Ii 9.50 i, 9.77 10.25 i, Il II II II 20,801 el 21,495 ti 22,16/ 22,gOO" It Il II Il II II It II II II II Il I0 0' 10.33 1~ I0.87 I1.00 II Il 21,320 I~ 22,015 i~ 22,707 II 23,409 II II g.92 10.25 i, I0.58 ,i I0.92" 11.25 II I! ti r ........ Ii ii · ' 'Ii ......... ii ......... ]t II I ......... II ......... 24,797 ,i 25,49o ,o 29,175 1= 2o,eR7 *' 27,560 It II il 11.92 ,i 12.25 II 12.58 tl t2.g! II ', ,I 13.25 Ii '- ........ il I1 el- II