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HomeMy WebLinkAboutR-95-30RESOLUTION NO. R-95-30 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYING A CONTRACT BETWEEN THE CITY OF SEBASTIAN AND THE COMMUNICATIONS WORKERS OF AMERICA, FOR THE PERIOD FROM 5/25/95 THROUGH AND INCLUDING 9/30/97; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. W~IEREAS, 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 Collective Bargaining Agreement commencing on May 25, 1995 and ending September 30, 1997; and WHEREAS, the City 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, as follows: SECTION 1. The document entitled "Collective Bargaining Agreement between the 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 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 May 25, 1995 and ending on September 30, 1997. SECTION 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 3. SEVER_ABILITY. In the event a court of competent SECTION 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 4. This Resolution shall take effect May 25,1995. The foregoing Resolution was moved for adoption by Council member <~Q~'~~x The motion was seconded by Council member and, upon being put to a vote, the vote was as follows: Mayor Arthur L. Firtion vice Mayor Carolyn Corum Council member Louise Cartwright Council member Norma Damp Council member Raymond J. Halloran The Mayor thereupon declared this Resolution duly passed and adopted this ~>~'~ '~ day of ~'Y~ , 1995. Arthur L. Firtion, Mayor Kathryn M. 0'Halloran, CMC/AAE Approved as to-Form and Content: Clifton McClelland, City Attorney o 9 I I, pi 4 a h"o � �F PELICAN �5 1 SEBASTIAN � FLORIDA COMMUNICATIONS WORKERS OF AMERICA ' COLLECTIVE BARGAINING AGREEMENT ' MAY 25, 1995 THROUGH SEPTEMBER 30, 1997 I tCOMMUNICATIONS WORKERS ' OF AMERICA ("CWA" ) TABLE OF CONTENTS IARTICLE CAPTION PAGE Agreement 1 IPreamble 2 It 1 Union Recognition 3 2 Management Rights 5 I3 Union Representation 8 4 Dues Deduction 10 I5 Rights of Employee 12 U6 No Strike 13 7 Bulletin Board 15 I8 Hours of Work and Overtime 16 9 Seniority - Layoff - Recall 20 I10 Miscellaneous Paid Leave 24 Sick Leave 31 Ill 12 Annual Leave 34 t13 Grievance Procedure 37 14 Holidays 43 I15 Promotions, Transfers and Adjustments 45 ITemporary Upgrade 46 16 Group Insurance 48 I17 Retirement Contribution 49 I18 Performance Evaluation 50 19 Safety 52 I20 Disciplinary Action 54 I COMMUNICATIONS WORKERS ' OF AMERICA ( "CWA") TABLE OF CONTENTS ARTICLE CAPTION PAGE ' 21 Salary 55 22 Substance Abuse Testing 56 1 23 Uniforms 62 24 Tuition Reimbursement 63 t25 Merit/Step Plan 65 ' 26 Severability 68 27 Term of Agreement 69 II t 1 AGREEMENT Section 1. This Agreement is entered into by and between the CITY OF SEBASTIAN, FLORIDA, with principal offices at City Hall , 1225 Main Street, Sebastian, FL 32958 , hereinafter referred to as ' the "City" or "Employer" , and the COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, located at 1040 Woodcock Road, Orlando, Florida 32803 , 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 , 1997 . ' Section 2 . Throughout this Agreement, masculine gender pronouns shall be read to include the feminine gender where appropriate. 1 1 I ' 1 I IPREAMBLE IWHEREAS , the intent and purpose of this Agreement is to ' maintain and further harmonious and cooperative labor management relations upon a constructive and sound foundation; IWHEREAS , the cornerstone of this foundation is the mutual acceptance and recognition of the rights and obligations of both Iparties, in order that the joint responsibilities of the public employer and public employee to represent the public be fulfilled Iand the order and interrupted functions of government be assured; I and WHEREAS , the City is engaged in furnishing essential public Iservices vital to the health, safety, protection, and comfort of the residents of Sebastian; and I - 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 Iinstrument and means to permit them to fulfill said Iresponsibility; NOW, THEREFORE , in consideration of the premises and Ipromises set forth herein and the benefits and advantages accruing or expected to accrue to the parties hereto and those Icovered by this Agreement by reason thereof, and said parties thereby agree as follows : I 2 I ARTICLE 1 UNION RECOGNITION Section 1. The City, in accordance with a certification of the Florida Public Employees Relations Commission, dated October 13 , 1993 , 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 ' parties. Section 2 . As of the date of this Agreement, those employees in the following classifications, listed in alphabetical order, are considered to be part of the bargaining unit: ' Account Clerk I ' Account Clerk II Account Clerk III Administrative Assistant Administrative Secretary Assistant Golf Pro ' Building Inspector I / Code Enforcement Officer Building Inspector II / Code Enforcement Officer ' Building Maintenance Superintendent Building Maintenance Technician ' Cart Attendant Cashier ' Cemetery Sexton Chief Communications Technician 3 Clerical Assistant I ' Clerical Assistant II ' Code Enforcement Officer Communications Technician ' Computer Operator Engineering Technician ' File Clerk Foreman Golf Course Cart Attendant ' Golf Course Pro Shop Desk Clerk Golf Course Starter/Ranger Head Cashier ' Head Mechanic Heavy Equipment Operator Laborer Maintenance Worker I Maintenance Worker II Maintenance Worker III tMechanic ' Police Communications Technician Public Works / Engineering Technician ' Street & Drainage Superintendent Vehicle Maintenance Foreman Zoning Technician i 4 I • ARTICLE 2 IMANAGEMENT RIGHTS Section 1. The Union recognizes that, except to the extent Ithe Employer has agreed otherwise by the express terms of this Agreement, the Employer retains all the rights and authority it Ihas previously exercised in the delivery of public services to Icitizens of Sebastian and in the organization and direction of the public employees who provide such services . Nothing in this IAgreement shall be deemed to constitute an undertaking by the Employer to guarantee the continuation of any job, operation or Iportion thereof, currently performed by unit employees. Nothing . in this Agreement shall be deemed a guarantee of employment to Iany unit employee. Section 2 . Except as expressly relinquished by the terms of this Agreement, the Employer retains the exclusive right and Iauthority to: (1) make and change reasonable rules and regulations ; ' (2) determine the basis for selection, retention, and Ipromotion of employees to or for positions within the bargaining unit; I (3 ) determine the qualifications for employees and the contents of job classifications ; , Il (4) determine the work assignments of employees ; ' (5) change or eliminate existing work procedures and equipment utilization; I 1 5 I I (6) transfer, subcontract, or eliminate work, including Iwork performed by bargaining unit members; (7) schedule and reschedule working hours, starting and Iquitting times for employees in the bargaining unit; (8) determine procedures which will be observed in Iexercising any authority under this article; (9) make and enforce standards relative to the quality of work to be performed; and I (10) make appropriate arrangements for unit employees adversely affected by the exercise of any authority Ireserved to the Employer under this article. This includes rendering reasonable assistance to aid Ilaid-off or terminated employees (non-disciplinary) Iin finding other employment; offering to rehire , terminated employees in another job classification Ishould circumstances warrant, etc. , and to assist otherwise in lessening the impact on_ the employee. I (11) relieve employees from duty because lack of Iwork, because continued work would be unproductive, or because, in the Employer's good business judg- ' ment, curtailment or discontinuance of work is advisable. ISection 3 . The Union agrees, in recognition of management's Irights, not to request the Employer to bargain with respect to this Article during the life of this Agreement. 1 I 6 However, should decisions on the above matters have the practical ' consequence of 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. ' Section a. . 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 . 1 i 1 7 I IARTICLE 3 UNION REPRESENTATION ISection 1 . The Employer agrees to recognize elected officials and stewards of t he Union. The Employer agrees that Iduring 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 IAgreement. The Union agrees to supply to the Employer a list of authorized representatives and to give the Employer prompt Iwritten notification of any changes to the list of Union Irepresentatives. The Union further agrees the Employer is under no obligation to deal with any person not officially included on Ithe Union's list of authorized representatives. Section 2 . The Union agrees that stewards shall not be Ipermitted 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 Iprevent disruption of the work of unit employees. This shall not preclude the grievance procedure being conducted during normal Iworking hours. Section 3 . The City employees' Union Representative shall be allowed time off with pay to attend any official conference or Ischool for union-related business, not to exceed three full days per fiscal year of the City. The day (s) off shall be approved Iby the employee's Department Head and shall not be unreasonably withheld. I 1 8 In addition to the above leave, local officers ' of the union shall be allowed up to three (3 ) additional days off ' without pay to attend local board meetings and conferences for union related business. The day (s) off shall be approved by the ' employee ' s Department Head and shall not be unreasonably withheld. The employee shall give the Department Head at least 48 hours notice of intent to take this leave. This leave shall not be considered "sick leave" under any circumstances. This benefit is not cumulative. Section 4 . The Finance Department shall notify the Union, in writing of any CWA membership termination requests. Section 5 . All new hires, as part of the orientation process, will be given the name and phone number of the local Union Representative. 9 t ARTICLE 4 DUES DEDUCTION ' Section 1 . 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 will 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. Section 2 . 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. Section agrees The Union a _ ,.o indemnify and hold harmless the Employer, its agents, employees and officials from and against any claims, demands, damages or causes of action (including, but not limited to, claims, etc. , based upon clerical or accounting errors caused by negligence , ) of any nature whatsoever, asserted by any person, firm or entity, based upon or ' related to payroll deduction of 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. ' 10 1 I I Section 4 . Nothing contained. herein shall require the ployer to deduct or to otherwise be involved in the collection Iof delinquent dues, fines , penalties , or special assessments of the Union. I I I I I I . I I 1 I I I I 1 11 APPENDIX ENDIX A APPLICATION FOR MEMBERSHIP (Please Print) t Name Local # 31 ao Last First Meddle Initial II ' Address Street or Rural Route City State Zip�, Date Payroll Deduction =tfective i COMMUNICATIONS WORKERS OF AMERICA hereby request and accept membership in the Communications Workers of America and when accepted by the Local, agree to be bound by the Constitution of the Union and Amendment i endmenls thereto and Rules and Regulations now in effect or subsequently enacted by the Union and/or Local to which I am assigned. , 1 Signanze Employed by I at t City Staee Zip Code ' as h Deoanment Tie Social initiation Fee$ tl Paid, (Date) i New Member Transferred from Reinstiec1 ; Attu (Witness) i PAYROLL DEDUCTION AUTHORIZATION .(Please Print) IName Location r Last First Middle Initial ? ' ' The undersigned hereby authorizes 1 to deduct from my wages an amount equal to one initiation fee and the regular monthly dues as certified to 1 the Employer by the Secretary-Treasurer of the Communications Workers of America and remit the same to y I the Secretary-Treasurer of the Communications Workers of America or his duly authorized agent. This I authorization may be revoked by me upon thirty (30) days written notice to the Employer and the Union, or written request by the Secretary-Treasurer of the Union to the Employer. Resident Address Signature of Employee l I ICity or Town S=B Zip Code Sodal Security Number IDate received by Employer Date effective Local Number 1 80 11 ARTICLE 5 ' RIGHTS OF EMPLOYEES Section 2. The Employer and Union agree that bargaining ' unit employees possess the rights 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. ' Section 2 . Bargaining unit employees are entitled to be represented by the Union 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. t 1 12 II ARTICLE 6 NO STRIXE ' Section 1 For purposes of this Article, "strike" is defined as the concerted failure of employees to report for duty; the concerted absence of employees from their positions ; the concerted stoppage of work by employees ; the concerted submission of resignations by employees ; the concerted abstinence in whole or in part by any group of employees from the full and faithful performance of the duties of employment with a public employer for the purpose of inducing, influencing, condoning or coercing a change in the terms and conditions of employment or the rights, ' privileges or obligations of public employment, or participating in a 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. ' Section 2 . 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 not to authorize , instigate , or otherwise support a strike , as defined in Section 1 above , and to take all affirmative action legally available to prevent or terminate any strike which occurs in contravention of this commitment. 13 1 ' Section 3 . The Union 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 of a strike in violation of this Article. Section 4 . Upon the occurrence of a strike, ,.his Agreement shall become null and void. Section 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 the honking of horns . • t 1 14 I ARTICLE 7 IBULLETIN. BOARD Section , The Employer agrees to allow the Union the use of a bulletin board of reasonable size for the posting of notices Iof official Union business . No scurrilous , defamatory, or otherwise objectionable material will be posted. Any matter Iwhich, in the discretion of the Employer, contravenes this provision may be removed without notice to the Union. I Section 2 . The bulletin board shall be used for the Iposting of the following: (a) notices of union recreational or social affairs ; I (b) notices of union elections and the results of such elections; I (c) notices of union appointments or other official union business ; and I (d) notices of union meetings. All notices shall be signed by a duly authorized Union Irepresentative . Any other notices , including any notices containing information other than purpose, date, time and place, Imay be posted on the designated Union bulletin board only with Ithe approval of the Employer. Section 3 . All costs incidental to the preparation and Iposting of Union materials will be borne by the Union. The Union is responsible for posting and removing approved materials on the Idesignated bulletin board and for maintaining such bulletin board Iin an orderly condition. I 15 I I ARTICLE 8 HOURS OF WORK AND OVERTIME Section 1 . Basic Work Week I (a) The basic work week for regular employees shall Iordinarily consist of 40 hours per week, Sunday through Saturday, unless otherwise specified or scheduled by the Department Head to meet articular re uirements of an individual de artment. This P q P , provision shall not be construed as a guarantee or limitation of Ithe hours to be worked per week. I (b) The basic work week for part-time employees shall consist of those hours they are required to work by their IDepartment Head or his designee. (c) At least thirty minute lunch periods are scheduled for Iemployees at the discretion of the supervisor. Lunch periods shall not be considered time worked. I (d) Employees taking a thirty minute lunch period shall Ireceive a 15 minute break in the first four hours of the work day and a 15 minute break in the second four hours of the work day, Iif worked. Employees taking a 1 hour lunch are not eligible for paid breaks. I (e) The City will make a good faith effort to find work Ifor employees who want to continue working when weather conditions are so adverse that outside work cannot be performed. If no work Iis available, or employees do not want to work inside, employees may use vacation, personal or compensatory time, if earned. I I I 16 I ISection 2 . Overtime (a) Overtime will be authorized only when it is in the Iinterest of the Employer and is the most practicable and economical way of meeting workloads or deadlines . I (b) All authorized and approved time worked in excess of 40 Ihours in any one workweek is overtime work and shall be either paid at 1 1/2 times, or by compensatory time off at the rate of Ione and one-half (1-1/2) hours for each hour over 40 hours. (c) For the purpose of overtime computation, time spent by Ian employee on call-out, annual leave, funeral leave, jury duty Ileave, and military leave shall be considered as time worked. Each hour of paid holiday shall be counted as an hour worked for Ithe purpose of computing overtime hours for the week in which the paid holiday falls. I (d) If an employee has accrued overtime, he or she may elect, with the Department Head's approval , to take compensatory Itime off rather than be paid for the overtime. An employee may Iaccrue up to a maximum of 40 hours of compensatory time in a Fiscal Year. All compensatory time must be taken in the same IFiscal Year it is earned (by September 30th) or the remaining balance of compensatory time will be added to the last pay check Iin September. Employee's wishing to take accrued compensatory Itime off must follow the same procedures as an employee wishing to take vacation time. In any situation, an employee must Ireceive prior approval to take off compensatory time except in emergency situations . The employee ' s Department Head shall Iattempt to accommodate the desires of the employees as to the IItime off desired, work schedule and conditions permitting. I 17 (e) No employee will be placed in leave without pay status ' during the basic workweek in order to deprive him of compensable overtime. ( 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. Section 3 . Call-Out When an employee is called back to work after his normal work day, he shall receive a minimum of two (2) hours pay. When an employee is assigned to attend a scheduled City meeting to perform work after his/her normal work day, the employee shall be ' entitled to a minimum of one (1) hours pay at the overtime rate, ' if applicable, and evening differential if appropriate. Travel time shall be included as time worked. Hours in excess of forty ' (40) hours per week will be paid at time and one-half. Section 4 . Shift Differential 111 An employee who works either regularly scheduled hours or ' overtime hours that fall between 7 P.M. and 7 A.M. shall be entitled to an evening differential equal to five percent (5%) of ' their basic hourly wage rate for each hour worked. 18 I ISection 5 . Working Leader Differential An employee who is in a non-supervisory position and is Idesignated by the Department Head the responsibilities of supervision of activities including co-ordination of Special IProjects and Training may be designated "Working Leader" if Idirecting the activities of a minimum of 3 co-workers of the same or lower classification. IThe employee shall receive a differential of $ . 50 per hour increase in pay for each hour designated as Working Leader. I I I I I I I I I I I I I 19 ARTICLE 9 SENIORITY/LAYOFF/RECALL ' Section 1. Definitions (a) City seniority is the total cumulative length of uninterrupted regular full-time or regular part-time employment of an employee by the Employer, measured from the most recent date of regular employment by the Employer, except as provided in Section 2 below. (b) Classification seniority is the length of regular full- time or regular part-time service by an employee 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. ' Section 2 . Accrual of Seniority (a) Employees shall be in probationary status for the first six months of employment in any job classification. Probationary employees accrue no classification seniority until they become ' permanent regular employees , whereupon their classification ' seniority shall date 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 employee on an unpaid leave of absence shall not accrue, or loose, seniority. Seniority accrual shall begin when ' the employee returns to work. ' 20 I Section 3 . Loss of Seniority Employees shall lose City and classification seniority only tas a result of: (a) voluntary resignation; I (b) retirement; (c) discharge; II (d) layoff for a period exceeding twelve months; I (e) absence without authorization for three consecutive working days ; I (f) failure to return from military leave within the time limit prescribed by law; I (g) approved leave of absence without pay of 1 year or more. ISection 4 . Work Force Ad-iustment and Lay-off (a) When work force adjustment becomes necessary due to lack Iof work, shortage of funds, discontinuance of operations, or the subcontracting-out of City services, the Employer may lay-off Iemployees . The Union and the affected employees shall be Inotified in writing not less than ten working days prior to the effective date of such lay-off. In lieu of notice, the Employer Imay elect to pay ten days salary. (b) The duties performed by any laid-off employee may be Ireassigned to other employees already working who hold positions in appropriate classifications. I (c) No regular full-time employee shall be laid-off while a _ Y Iprobationary, part-time, or temporary employee remains employed in the same job classification. I 21 I (d) Permanent, regular employees who receive a notice of Ilay-off shall have the right, in accordance with their seniority, to transfer or downgrade (commonly known as "bumping") or to take the lay-off. Bumping shall only be permitted in the event of lay- off, in accordance with the following procedures : (1) Affected employees shall have five calendar days, from the date they are notified by management of the lay-off, to Inotify management whether they desire to bump or take the lay- . off. (2) Management shall explain the position that may be tbumped within five (5) calendar days and explain the options to the affected employee (s) . If the employee possesses the minimum Iqualifications for that position, and has greater City seniority Ithan the present occupant of that position, the bumping shall take effect within five calendar days from the date of the Inotification. If otherwise eligible, the bumped employee may then proceed himself in accordance with Section 4 (d) of this Iarticle. I (3) In the event that two or more employees affected have the exact same classification seniority, the employee with Ithe least City seniority will be laid off first . If both employees have equal seniority, the employee with the highest Ipayroll ID number will be laid off first. I ( 4 ) An employee bumping to a different job classification shall be placed in a trial period of not less than Ithirty days , nor more than sixty (60) days . If, in the opinion of the Employer, the employee cannot satisfactorily perform the Iduties of the position to which the employee has bumped, the 1 employee will be laid off. 22 I I (5) An employee bumping to a job classification which Iis lower than his present job classification will take a 5% reduction in pay to the closest step in the new job range. In no Icase will an employee be paid more than the maximum rate of the lower classification. I (e) Probationary employees , in their initial probationary period shall have no bumping rights. An employee who is in Iprobationary status as of the notice of lay-off, but who has Ipreviously achieved permanent status in a lower job classification, may revert to such lower classification for the Ipurpose of exercising bumping rights. If the employee reverts to the lower classification, their pay is adjusted to the pay they Ipreviously held prior to the promotion. I (f) Permanent, part-time employees may only bump other part-time employees. ISection 5. Recall (a) Recall of laid off employees shall be made in Iaccordance with City seniority. Initial contact shall be made by Iphone. If no response is obtained, a certified letter, return receipt requested, to the employee's last known address, shall be mailed. Laid-off employees who desire to be recalled shall keep the Employer continuously informed of their Icurrent mailing address, or lose their recall rights. I (b) Within three working days after receipt of a notice of recall , recalled employees who desire to return to work must Inotify the Employer they intend to return to work, or lose recall rights. Recalled employees must return to work fit for Iduty within ten working days of the receipt of a recall notice, or lose recall rights . I 23 ARTICLE 10 MISCELLANEOUS PAID LEAVE ' Section 1 . Funeral Leave ' (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 or regular part-time employee in the event of a death in the employee's immediate family. For 1 purposes of this provision, an "employee's immediate family" is ' defined as the employee' 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 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 at the employee's discretion to accrued ' compensatory time, annual leave, sick leave or, if no leave is accrued, to leave without pay. ' Section 2 . Court Leave/Jury Duty (a) Employees attending court as a witness on behalf of the ' City or any other public jurisdiction or for jury duty in their ' normal working hours shall receive leave with pay for the hours they attend court and reasonable travel pay. ' (b) All regular employees subpoenaed to attend court for work related reasons 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 employment. 24 (c) Employees 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) Employees 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 employees 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) Employees 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 24 hours in advance of the scheduled time (unless the employee actually receives less than 24 hours advance notice) . Employees 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. (g) Consistent with existing City policy, the employee shall remit to the Employer any and all compensation received for court leave/jury duty, excluding payment for travel and meals. ' Section 3 . Conference Leave The Employer may grant conference leave with pay, together with necessary travel expenses , for employees to attend conferences , schools, and similar events designed to improve their efficiency, if considered to be in the best interest of the ' Employer. All leave and expenses will be recommended by the Department Head subject to approval of the City Manager. ' 25 1 Section 4 . Family And Medical Leave ' (a) In order to provide for uninterrupted coverage of the employee's position, the employee will notify his supervisor as ' soon as possible prior to his knowledge of need for medical leave ' stating the probable duration of the leave. (b) When an employee is determined by his physician to be medically unable to perform his normal job duties, he may utilize accrued sick leave and annual leave during his absence. Once sick and annual leave are exhausted, the employee may be placed on leave without pay for a period of 12 weeks. Additional leave without pay may be granted by the Employer based upon demonstrated medical necessity. Section 5 . Military Leave t (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 working days in any one annual period. (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. ' 26 I I (c) Regular employees (full-time or part-time) who are members of the Armed Forces Reserve or Florida National Guard Ishall be excused from work to attend active or inactive duty Itraining drills as required for up to 17 working days in any one annual period. Any additional time, if approved, is leave without Ipay, unless mandated by civil emergency. Evidence of membership in the applicable organization shall be provided to the Idepartment by the employee. Requests for such absences from work Ican be made by the employee by submitting the applicable Reserve or National Guard training schedule. Except upon declaration of ' civil emergency conditions , if there is a conflict between departmental scheduling and the required military training, the Idepartment will make every effort to excuse the employee from work. I Section 6 . Leave Without Pav I (a) The decision to grant a leave without pay (leave of absence) is a matter of management discretion. It shall be Iincumbent upon each Department Head to weigh and to determine I each case on its own merits , including time off for union business. , I (b) An employee may be granted a leave of absence without pay for a period not to exceed one year for sickness, disability, Ior other good and sufficient reasons which are considered to be in the best interests of the City. I (1) Such leave shall require the prior approval of the IDepartment Head and the City Manager or his designee. Before such leave of absence will be granted, the employee must exhaust Iall accrued vacation and, if appropriate, sick leave. I 27 (2) Voluntary separation from City employment, in ' order to accept employment not in 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 employee recalled to service if the need no longer exists. (4) An employee granted a medical leave of absence must submit a written Doctor's note stating the length of time they will be out . In addition , the employee must keep the • Personnel Department advised of his 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 employee will be considered as on an unauthorized leave of absence and appropriate action shall be taken. No pay shall be authorized for days absent without medical authorization. (5) Except under unusual circumstances an employee who has been employed five (5) years or more and 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 or will be terminated from City 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. 28 I I (7) At least two weeks prior to the expiration of the leave of absence, the employee must contact his Department Head Iin order to facilitate the reinstatement process. I (8) Failure by an employee to return to work at the expiration of a leave of absence shall be considered grounds for Idismissal. (c) Employees may continue contributing to a deferred Icompensation program while on an unpaid leave of absence. Under Ino circumstances shall the City contribute towards the deferred compensation program while the employee is on an unpaid leave of Iabsence. During the time an employee is on leave without pay, the employee earns no sick leave or annual leave. I (d) An employee on an approved leave of absence may 'I 0 continue group health insurance, provided that all necessary premium payments are made by the employee. It is the employee's • Iresponsibility to keep premium payments current. (1) The insurance premium payment must be made before Ithe first of every month. If the payment is not made by the first, I coverage will be canceled as of the beginning of the delinquent period. I (2) If coverage is canceled during an approved leave of absence, it may be reinstated upon an employee's return to Iactive duty consistent with the plan's requirements. Section 7 . Eliaibility IOnly regular full-time and regular ees are part-time employees- - Ieligible for the miscellaneous paid leaves provided by this Article. All such benefits are personal to the employee and Ishall not be transferable. I 29 I I Section 8 . Personal Leave I (a) Each regular, full-time employee shall be entitled to two (2) days of personal leave per year. Such personal leave Iwill not be taken from accrued sick leave. Such leave is subject Ito Department Head approval . (b) Each regular part-time employee shall have two pro- Irated days ( regularly scheduled hours bi-weekly divided by 10) of personal leave. Such leave is subject to Department Head Iapproval. I (c) Personal leave may be used in one hour increments. (d) Personal leave requires advance written request, I except in emergency situations. 11 I - I I I I I I 30 I IARTICLE .11 ISICK LEAVE Section 1 . Elicibility I (a) Only regular full-time and regular part-time employees Iare eligible for sick leave with pay. Temporary and seasonal employees are not entitled to paid sick leave. ISection 2 . Accrual of Sick Leave (a) Regular full-time employees accrue sick leave at the Irate of one full working day (8 hours) of sick leave with pay for Ieach full calendar month of employment up to a maximum of 12 days per year. Regular part-time employees shall accrue sick leave at I the rate of one (1) day for each calendar month of employment u up to a maximum of twelve (12) days per year. (One day is defined as Ithe employee's regularly scheduled bi-weekly hours divided by ten) . I (b) Sick leave does not accrue while an employee is on Iunpaid leave of absence. Section 3 . Request for Sick Leave I (a) An employee who is incapacitated and unable to work shall notify his immediate supervisor within one hour " of his .1 scheduled reporting time, except in an emergency situation. The iemployee shall state the nature of his incapacitation , its expected duration, and the expected period of absence. The Iemployee shall repeat this procedure on each day he is unable to report for work, unless excused by the Department Head. I (b) if an employee is out more than 5 days , she/he must ' submit a doctor' s note to the Department Head, or his designee, attesting to t he employees ability to return to work with or I without restrictions . 31 I Section 4 . 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 an employee abuses sick leave, such as when an employee consistently uses sick leave immediately ' upon its bein g accrued or before and after holidays or weekends, the employee shall be required to furnish a doctor's note verifying that the employee 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) Employees may not use sick leave during their first 60 ' days of employment. If an employee resigns or is otherwise terminated during the first six months probationary period, he ' will reimburse the City for all sick leave taken by deduction from his final pay check. ' (e) Upon ten (10) years or more of continuous employment an employee is eligible, upon separation from the City, to be paid ' for one - third (1/3) of his/her accrued balance of sick leave ' up to a maximum of 280 hours. ' 32 (f) Every employee entitled to sick leave benefits and who has been employed for one full fiscal year and who does not take sick leave during a fiscal year (October 1st through September 30th) shall be given one day's pay in the first pay period in December. Such employee shall also be given his birthday 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 employee's birthday may be ' taken off with pay. The day's pay shall consist of the regularly scheduled bi-weekly hours divided by 10 for part-time employees - and eight (8) hours for full-time employees. ' 33 1 I IARTICLE 12 ANNUAL LEAVE I Section 1. Eligibility IOnly regular full-time and regular part-time employees are Ieligible to earn paid annual leave. Temporary or seasonal are not eligible for annual leave. ISection 2 . Rate of Accrual (a) Annual leave is earned on a pro rata, bi-weekly 1 basis at the following annual rates : (Part-time days are defined by dividing the regularly scheduled bi-weekly hours by 10) : UUnbroken Employment Bi-Weekly Rate Full Time Annual Leave I1 year but less than 5 years 3 . 33 (80 Hrs. ) 10 working days 5 years but less than 10 years 5 . 0 (120 Hrs. ) 15 working days I10 years but less than 6 . 67 (160 Hrs . ) 20 working days 20 years I20 Years & Over 8 . 33 (200 Hrs. ) 25 working days Unbroken Employment Part-time Annual Leave 1 year but less than 5 years Pro-rated (10 working days) U 5 years but less than 10 years Pro-rated (15 working days) 10 years & Over but less than Pro rated (20 working days) 20 years I20 years & Over Pro-rated (25 working days) I I I I I 34 (b) No annual leave may be taken during the first six months of employment or re-employment. ' (c) Annual leave accrual rate changes take effect on the pay period closest to the employee' s anniversary date. ' Section 3 . Reauest for Annual Leave (a) A request for annual leave shall be submitted, in writing, to the employee's 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, except in emergency situations. (e) Except under unusual circumstances, Department Heads shall approve or disapprove a written leave request within five (5) working days. ' Section 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 ; ' 35 (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 Uprovisions , at the discretion of the Employer. (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) Employees will not be allowed to carry more than two (2) years worth of annual leave during any month. Once an employee has a balance of annual leave hours at the two year ' accrual rate, he will not accrue any more hours or will only t accrue partial hours to bring him up to the two year accrual rate. Annual leave will continue to accrue beyond the limitations set above when a Department Head fails to grant annual leave when ' requested in writing by an employee under the provisions of this Article. 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. ' 36 ' ARTICLE 13 GRIEVANCE PROCEDURE Section 1. 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. Section 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 Union agree that every effort will be made by management and by the grievant, or grievants, to settle grievances at the lowest ' level possible. Section 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 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. ' 37 ' Section 4 . Procedure Step 1. Within seven (7) days of the incident giving rise to a grievance , the grievant shall explain and discuss the 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 1 decision. Step 2 . Step 2 is initiated by an employee filing with his Department Head a written grievance on the standard grievance form, attached as Appendix B. The Department Head shall schedule a meeting with the employee 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 issues within the time allotted, the grievant may appeal to Step 3 . 38 I IStep 3 . Within seven (7) days following the date of the Step 2 decision or the date on which it was due, whichever is 1 earlier, the grievant may file a written appeal to the Human Resouces Director, attaching all applicable grievance documents. IA grievance meeting shall be scheduled within seven (7) days following receipt of the Step 3 appeal . At such meeting, the Igrievant may present evidence and argument in support of the IIgrievance. Within seven (7) days of the grievance meeting, or within seven (7) days of the receipt of the Step 3 appeal if no Igrievance meeting is held, the Human Resouces Director shall issue a written decision concerning the grievance. IStep 4 . Within seven (7) days following the date of the IStep 3 decision "or the date on which it was due, whichever is earlier, the grievant may file a written appeal to the City IManager. The City Manager will review all pertinent information and schedule a hearing including due process for name clearing hearings and issue a decision within seven (7) days of the Ihearing or seven (7) days of receipt of the Step 4 appeal . If the issue falls within the range of minor disciplinary Iaction, i. e. , any discipline less than suspension without pay, the City Manager' s decision shall be final and binding upon the IEmployer and upon the grievant. In all cases other than minor Idiscipline and performance evaluations, if the grievant is not satisfied with the Step 4 decision, the Union may invoke the Iarbitration procedure of Step 5 . I I 39 I IStep 5 . The Union may invoke arbitration by sending written notice to the Employer within fifteen (15) days of the date the IStep 3 decision issues or the date on which it was due, whichever is earlier. Invocation of arbitration by the Union will not Ipreclude settlement of the grievance at any time prior to the issuance of an arbitrator's award. ISection 5 . The parties will attempt to agree upon a IImutually-agreeable impartial arbitrator. If , however , this cannot be done within seven (7) days following the Employer's Ireceipt of the Union' s request for arbitration, representatives of the Employer and the Union shall jointly submit a written Irequest to the Director of the Federal Mediation and Conciliation IService (FMCS) for a list of seven (7) professional arbitrators. Upon receipt of the list, representatives of the Employer and IUnion 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 Ishall be the arbitrator, and the parties shall jointly notify the arbitrator of his selection. Either party may object to all Inames on the list, provided that objection is made prior to the commencement of the striking process. If this happens, a second Ijoint request for a list will be made. ISection 6 . All arbitrations arising under this Agreement shall be conducted in accordance with the following rules: I (a) The arbitrator shall have jurisdiction and authority to decide a grievance properly before him. I I 1 40 I (b) The arbitrator shall have no authority to change, Iamend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or any amendment thereto. I (c) The arbitrator may not issue declaratory options and Ishall confine himself exclusively to the question which is presented to him. The arbitrator shall not have the authority to Idetermine any other issues not submitted to him. (d) Except in the case of termination as disciplinary Iaction, the arbitrator shall not substitute his judgment as to Ithe wisdom or the degree of severity of disciplinary action imposed on any employee by the Employer . The arbitrator' s Iinquiry shall be limited to whether the Employer possessed evidence of misconduct before imposing the discipline ultimately Iimposed. In the event of the arbitration of a grievance arising Iout of the discharge of an employee, the arbitrator is empowered to either sustain the discharge or, if he does not, he is Iempowered to reinstate the employee with or without back pay, in whole or in part, as the circumstances warrant. Any award of Iback pay shall be reduced by any unemployment compensation or other compensation the employee may have received. I (e) The fees and expenses of the arbitrator will be paid by Ithe losing party. Each party shall bear the cost of its own witnesses and representatives . Any party requesting a transcript Iwill bear its cost, unless otherwise agreed. I I I 41 I I (f) Copies of the Arbitrator's award, made in accordance with the jurisdictional authority under this Agreement, shall be Ifurnished to the parties within 30 days of the hearing, unless the parties mutually agree to extend the time limit, and shall be Ifinal and binding on both parties. I I I I I I I I I I I I I I 42 ' APPENDIX B 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: 1 1 Signature of Grievant Signature of Union Representative ' Date Submitted 1 1 42 A ARTICLE 14 HOLIDAYS Section 1. The following shall be paid holidays for regular full-time and part-time employees of the City: ' New Year's Day President's Day Memorial Day Independence Day Labor Day Veteran's Day ' Thanksgiving Day Friday after Thanksgiving Christmas Eve Day Christmas Day 111 Section 2 . Generally, when a holiday falls on a Saturday, the preceding Friday will be observed as the holiday. When a holiday falls on a Sunday, the following Monday will be observed as the holiday. However, on occasions, another day of observance ' may be more appropriate; in such instances, the City Manager will establish the date and will notify all employees in advance. t 43 1 I ISection 3 . UNo regular full-time or part-time employee shall receive pay for a holiday unless he is in active pay status or actually works Ihis normal work schedule on the work day immediately preceding and the work day immediately following the day on which the Iholiday is observed. For purposes of this Article, "active pay status" means approved annual or sick leave, military leave, jury Iduty, or other approved leave with pay. ISection 4 . IFor holiday purposes, a holiday is defined as 8 hours for full-time and pro-rated for part-time permanent employees. I I I I I I I I I I 44 ' Section 3 . The effective date of an employee's demotion or promotion to a new job classification shall be the employee's new classification anniversary date for the purposes of classification seniority determination. The employee must serve a thirty ( 30 ) day trial period in the new job classification. 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. Section 4 . 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 that 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. ' 46 I IARTICLE 15 IPROMOTIONS , TRANSFERS AND ADJUSTMENTS ISection 1 . An employee who fulfills all applicable requirements for another classification with a higher rate of Ipay may be promoted to that position. Vacancies in positions above the lowest rank in any classification will be filled, as Ifar as practicable, by the promotion of current employees. To this end, all promotional opportunities will be advertised in- house for three days . No employee whose last performance rating Iwas less than satisfactory is eligible for promotion. Section 2 . When an employee is promoted to a higher paid Iposition , his new rate of pay shall be the minimum rate applicable to that position. If the employee's current salary is Ihigher than the minimum rate for the position to which promotion is made, the employee shall receive a one step increase in pay from his/her current rate of pay or bottom of the new grade, Iwhichever is greater . Subject to the approval of the City Manager, a greater promotional increase may be recommended Iby the Department Head. IWhen an employee is adjusted to a lower paid position, he may remain at the same rate of pay or receive a decrease in Ipay, but in no case will the salary be higher than the maximum pay for the new classification. t I I 45 I I (d) The Department Head, with the City Manager's approval , tmay, in writing, assign a bargaining unit member to a higher job classification for a temporary period. The affected bargaining Iunit member shall be entitled to receive the increased salary of Ithe higher job classification for each day worked in that higher classification if the temporary assignment is for a period of IIthree (3) consecutive work days or more. The bargaining unit employee shall receive a 3% step increase higher than his regular Ihourly rate of pay for each hour worked at the higher Iclassification. I I I I I I I I I 1 4? I 1 ARTICLE 16 IGROUP INSURANCE Section 1 . During the term of this Agreement, the I Employer agrees to pay the premium during the term of this Icontract to provide continued group insurance coverage to regular full-time employees. It is expressly understood by all parties Ithat the Employer shall pay for any additional group insurance premium for continuation of employee coverage up to a maximum 1 of $3 , 900 per year. Any premium in excess of $3 , 900 per year 111 shall be paid by the employee as a payroll deduction. ISection 2 . In the event that the premium rate for dependent group insurance coverage increases, the Employer agrees to notify Ithe Union as soon as is practicable. The Union agrees that the Employer may, at its discretion, obtain substitute insurance Icoverage from another carrier or require each covered employee to contribute his pro rata share of the increased premium cost for Idependent coverage, whichever may be applicable. In the event Ithat the present carrier increases the premium rate for dependent group insurance coverage the parties agree that the employee Ishall pay all such costs. I I I I 48 I ' ARTICLE 17 ' RETIREMENT CON'T'RIBUTION Section 1 . The employer shall contribute 5% of an employee's earnings into a deferred compensation program offered by the City. • I , 49 ' ARTICLE 18 PERFORMANCE EVALUATION Section 1 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 persons) ' rating them. Performance evaluations are not subject to arbitration. 1 Section 2 . At the conclusion of an employee's first six ' months of employment in any job classification, the employee shall be evaluated by his Supervisor 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 Department Head 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 1 render his performance unsatisfactory. The Department Head or his designee shall notify the employee of any extension, and the employee shall notify the local union president. ' Section 3 . Regular employees shall be formally evaluated, in writing, by his anniversary date. The employee's Department Head shall furnish the employee with written notice of the deficiencies which render his performance unsatisfactory. ' 50 I 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 Ihis performance. Section 4 . In the event that the employee is reclassified Ito a different job title prior to the anniversary date for that year, a performance evaluation shall be completed for the months Iof employment in the old job title. Thereafter, an annual performance evaluation shall be prepared on the anniversary date 1 of assignment to the new job title. I I I I • Il 1 1 I I I 1 51 1 I ARTICLE 19 ISAFETY ISection 1. The Employer and the Union agree to continue the established Joint Safety Committee to ensure continuing, on-the- Ijob safety in the performance of public services. The Committee shall be chaired by the City Manager, or his designee, and up to Ithree (3 ) members selected by the City Manager and up to three (3) members selected by the Union. ISection 2 . The Safety Committee shall meet regularly, as it Imay 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. Written response must be made by the City Manager to the committee within twenty (20) days of I receipt of any written requests made by the Safety Committee. III Such requests will be approved by the majority of the Safety Committee prior to being submitted to the City Manager. ana er. I City g Section 3 . The Employer and the Union recognize the mutual Iresponsibilities of management and employees to promote a safe Iwork place and agree to cooperate in maintaining City equipment and facilities in safe conditions. ISection 4 . The Employer agrees to make available copies of the City safety manual available to all employees to review. ISection 5 . Any employee who causes damage to, or destruction of, property of the Employer without substantial justification or excuse shall be subject to disciplinar y action,on, up to and including termination, and may be liable for up to the full cost I of replacement or repair of the damaged or destroyed property. 52 I ' Section 6 . With the prior approval of the Employee' s Department Head, the City shall pay for an employee's safety glasses . Where prescription safety glasses are needed , the employee, in conjunction with the City Vision Care Plan, shall receive an eye examination not more than every twelve (12) months or twenty-four (24 ) months if the employee does not have ' insurance. The employee shall pay the deductible to the doctor ' for the eye examination. The City shall reimburse the employee for basic safety frames and basic safety lenses. In order to ' receive reimbursement, the employee must provide an original receipt with proof they are OSHA approved safety frames and lenses to the Finance Department. The City will also pay for ' basic safety lenses and replacement of such lenses, as needed, due to on-the-job breakage or prescription change. 1 ' 53 1 ARTICLE 20 DISCIPLINARY ACTION 1 Section 1. Disciplinary action may be taken against any Uemployee for just cause. Section 2 . A copy of any written reprimand issued to an ' employee will be presented to the employee and placed in his permanent personnel record after all appeals have been exhausted, i f .. or if no a� eal has r p as been filed within the stated wed time frame. . ISection 3 . Probationary employees are not entitled to seek review of disciplinary action, up to and including termination, Iunder Article 13 of this Agreement. II ll II 1 ll , I II I I I 54 I IARTICLE 21 SALARY I Section 1. Upon ratification, eligible employees shall I p tificatio n g receive a step adjustment to the closest step (at or higher) to their current rate of pay. ISection 2 . Eligible employees shall receive a pay Uadjustment between their former rate of pay and the new step rate of pay retroactive to 1/01/95, to be paid on the first full pay Iperiod following ratification . Section 3 . Eligible employees shall receive a lump sum Ibonus of the June CPI (Consumer Price Index) out of Atlanta, Ga. , based on wages earned as listed in block 1 of their 1994 W-2 , to Ibe paid in a check during July, 1995 . ISection 4 . For fiscal year 1995/96 , eligible employees shall receive a lump sum bonus of the June CPI (Consumer Price 11 Index) out of Atlanta, Ga. , based on wages earned as listed in block 1 of their 1995 W-2 , to be paid in a check during July, I 1996 . ISection 5. For fiscal year 1996/97 , eligible employees shall receive a lump sum bonus of the June CPI (Consumer Price 1 Index) out of Atlanta, Ga. , based on wages earned as listed in block 1 of their 1996 W-2 , to be paid in a check during July, I 1997 . I I I 55 I I IARTICLE 22 SUBSTANCE ABUSE TESTING ISection 1 . Purpose The City recognizes that its employees are not immune from Ithe problems that face society in general. The problems of alcohol and drug abuse have become widespread throughout our Icommunity and nation. While the City does not have reason to IIbelieve 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 b g by employees. The primary objective of the policy is to provide a Isafe and healthy work environment for all employees, and thereby Iprovide the highest level of service to the public. Section 2 . Definitions I (a) "Alcohol abuse" means the ingestion of alcohol or alcoholic beverages, on or off duty, which adversely affects the Iemployee's ability to perform his job duties. The use, or being Iunder the influence, of alcohol or alcoholic beverages on the job by City employees is strictly prohibited. I (b) "Drug abuse" means the use of any controlled substance as defined in Section 893 . 03 , Florida Statutes, as amended from Itime to time, not pursuant to a lawful prescription. The term I "drug abuse" also includes the commission of any act prohibited by Chapter 893 , Florida Statutes , as amended from time to time. I I 111 56 I 1 (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. tion.P I (d) Department of Health and Human Services (HHS) Mandatory Guidelines for Federal Workplace Drug Testing Programs (the HHS IGuidelines) means those guidelines as published in the April 11, 1988 edition of the Federal Register (53 Fed. Reg. 11970) , as Ithey may be amended from time to time. (e) "Reasonable suspicion" means a suspicion that is based Ion specific , objective facts derived from the surrounding Icircumstances from which it is reasonable to infer that further investigation is warranted. ISection 3 . Circumstances When Testing May Be Required The City and the Personnel Director may require an employee Ito 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 Iapplicants. (b) As part of an employee's annual physical examination, Iif such a program is established. - I • (c) Whenever an employee is promoted. I I I 1 57 I I I (d) Whenever two managerial employees concur that there is a reasonable suspicion that an employee is using , under the Iinfluence of, or in possession of alcohol or illegal drugs while I on duty, or that the employee is abusing alcohol or illegal drugs either on or off duty and the abuse either adversely affects his Ijob performance or represents a threat to the safety of the employee, his co-workers, or the public. I (e) Whenever an employee is involved in an accident while I operating a City vehicle or while working for the City. (f) At any time within one year after an employee has been Icounseled or otherwise disciplined because of a problem with alcohol or illegal drugs, or within one year after an employee Ihas tested positive for the presence of alcohol or illegal drugs. Section 4 . Testing Procedures I (a) Whenever an employee is required to provide specimens Ifor these testing procedures, the employee shall be required to provide one specimen (large enough to provide two (2) separate Isamples) at the time of collection in order to facilitate the testing procedures described in this section. Chain of custody Iprocedures consistent with HHS Guidelines will be followed in all ' testing procedures . I 58 I (b) In testing for the presence of alcohol , the City shall II quantitative a generally accepted blood test procedure that provides quantitative results showing the amount of alcohol present in the 1 blood. The threshold level for a determination that an employee is under the influence of alcohol shall be: . 05 or more percent Iby weight of alcohol in the blood sample tested. (C) In testing for the presence of illegal drugs, the Ifollowing procedures shall be followed: I (1) The City shall submit the first of the samples to an immunochemical assay or radioimmunoassay test. If the results Iof this test are negative, no further testing will be conducted. (2) If the results of the initial test provided for in Isection 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. Y � s II (3) If the results of the second test administered under section 4 ( c) (2 ) are positive , the City shall promptly Inotify the employee of the results. At that time, the employee Imay elect to have the second sample subjected to testing. If the tests on the second sample are positive, or if the employee does Inot request testing of the second t City g sample, the .. may take corrective and/or rehabilitative action as provided below, Iincluding disciplinary action where appropriate. I II I 59 I I (d) The threshold level for a determination that an Iemployee is under the influence of illegal drugs shall be established in accordance with the HHS Guidelines , or in 1 accordance with generally accepted medical procedures, where such Ilimits have not been established by the HHS Guidelines. Section 5 . Rehabilitative/Corrective Action I (a) An employee found to have possessed, used or been under the influence of illegal drugs or alcohol while on duty Ishall be subject to disciplinary action, up to and including Idismissal. (b) The City may require an employee who has tested Ipositive for the presence of alcohol or illegal drugs to submit to counseling or other rehabilitative treatment as a condition of Icontinued employment. This section shall not be construed to Ilimit the Employer' s right to take appropriate disciplinary action when an employee tests positive for the presence of 1 alcohol or illegal drugs. (c) Any employee who refuses to submit to alcohol or Idrug abuse testing provided by this article shall be discharge II III from his employment. Section 6 . I (a) The City shall pay the cost of any physical examinations and tests required by this article. I I I 60 I (b) Physical examinations and specimens required by this article will normally be obtained while the employee is on duty. If an employee is required to submit to examinations or testing other than during normal duty hours, the employee shall be paid ' for all time required for the examination and testing. (c) The physical examinations and tests will be performed 1 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, 1 endeavor to keep the results of any testing performed pursuant to this article confidential . Furthermore , any positive test results that the City later determines have been refuted shall have affixed thereto the subsequent refutation. Test results ' shall be considered confidential medical records. 1 61 ARTICLE 23 ' IINIFORMS ' Section 1 The City shall provide and maintain uniforms to all members of the bargaining unit who are required to wear them. Section 2 . 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. 1 1 1 62 I IARTICLE 24 TUITION REIMBURSEMENT ISection 1 The City desires to help its employees in their Ijobs by paying for job-related courses up to the limits of available funds for education during their off-duty hours. 111 Section 2 . The following guidelines will govern tuition reimbursement: I1. Eligibility. Open to full-time employees who have been employed by the City for at least one year. An employee desiring Ito participate in the City's Tuition Reimbursement Program should Isubmit an application to his Department Head at least 15 days before the starting date of the course. If the Department Head IIrecommends the course, the recommendation will be forwarded to the City Manager or his designee for final approval . 1 2 . Approved traininc. Approved courses will directly j1 relate to the employee's current assignment which will improve his skills, knowledge and ability to perform his duties and will Iincrease his potential for promotion. Such determination will be made by the Department Head and the City Manager or his Idesignee. Such courses must be offered by an approved technical Ior trade school or an accredited college or university . Attendance at these courses must be during non-working hours . I3 . Recipients of scholarships . An employee receiving a scholarship or grant for education is not eligible for Ireimbursement. I I 63 I I 4 . Service Requirement. Employees participating in this ITuition Reimbursement Program agree to remain employed by the ICity for at least one year following completion of the course. If the employee voluntarily leaves or is terminated for just cause prior to one year, he must reimburse the cost to the City. 5 . Grade Requirement. Successful completion of training Imust be accomplished through a grade "C" or better before Ireimbursement will be made. In courses which are offered on a "pass" or "fail" basis , a pass grade must be earned for Ireimbursement. 6 . Reimbursement . Upon the successful completion of 1 approved training, an original or a - certified copy of the employee's grades, along with proof of his payment of tuition such ' submitted to the Human as a cancelled check or receipt, will be u IResources Director. Such documentation will be forwarded to the Finance Department for reimbursement. Transportation for such Ieducational courses will be provided for by the employee, unless such training is required by the City. I7 . Maximum Reimbursement. The maximum tuition rate to be Ireimbursed for college-level courses is that established annually by the State Legislature. Should an employee choose to attend a Iprivate school, he is responsible for the difference in tuition. Additionally , employees will be authorized no more than two Iclasses per semester. I I 1 64 II F- II ARTICLE 25 MERIT L STEP PAY PLAN Section 1. Employees will be placed in the new pay plan at the step that is equal to their current rate of pay, or if their ' current rate of pay falls between two steps, at the next higher step in the plan. Employees whose current rate of pay exceeds ' the maximum for the pay grade will retain their current rate. There will no step movement during the 1994 - 1995 fiscal year. ' Section 2 . Step movement in the year beginning 10/01/95 will be governed by the collective bargaining agreement that ' ' takes effect on or after 10/01/95 as outlined below. ' Section 3 . At the end of initial probation, after six (6) months of date of hire (new employee only) , an employee will ' be eligible for a one-step increase, upon satisfactory completion of work performance. Section 4 . Annually on the date of hire, an employee will ' be eligible for up to a two-step increase, upon satisfactory completion of work performance, until the employee reaches the maximum pay for his/her classification. Section 5 . If the recommendation for an increase is only for one-step, justification is stated on the performance ' evaluation form and the pay increase will be implemented on the pay period closest to the employee' s anniversary date. ISection 6 . If the recommendation for an increase is for a two-step increase, the performance evaluation and justification ' for the greater increase goes before the Merit Review Board. ' 65 The Merit Review Board, will review the information and accept or reject the recommendation. The Department Head will be notified IL , and he/she will be responsible for informing the affected employee. Section 7 . If the Merit Review Board rejects the recommendation , then a one-step increase is given. The Department Head can request another review in thirty (30) days to convince the Board to approve the special merit pay. If the Board rejects the recommendation again, the Department Head can appeal to the City Manager for a final ruling. ' Section 8 . If an employee changes job classifications, his or her job classification anniversary date will change , effective the date of the promotion or demotion. New employees are not eligible for job changes for one year from their date of hire. ' Section 9 . If an employee changes job classifications, with the same or a higher rate of pay, he/she is eligible to ' receive a one-step increase in pay from his/her current rate of pay or the bottom of the new job grade, whichever is greater. In no case may an employee be paid more than the maximum of the new ' pay rate. Section 10. If an employee changes job classifications ' with a lower rate of pay, he/she may remain at the same rate of pay or receive a decrease in pay, but in no case may an employee ' be paid more than the maximum of the new pay range. ' Section 11. Longevity pay will be awarded according to the following: 66 A. Employees who are at the maximum pay of his/her pay grade for two (2) years and have the following number of continuous years of employment with the City are eligible for a 5% lump sum bonus retroactive to 10/01/94 to be paid on the pay period following his/her anniversary date as follows: 9 Years of Continuous Employment 12 Years of Continuous Employment 15 Years of Continuous Employment ' 18 Years of Continuous Employment B. Employees who are at the maximum pay of his/her pay grade for two (2) years and have the following years of continuous service are eligible for a 7 . 5% lump sum longevity bonus to be paid on the pay period following his/her anniversary ' date as follows: 20 Years of Continuous Employment 25 Years of Continuous Employment ' 30 Years of Continuous Employment 35 Years of Continuous Employment 1 I 67 1 ARTICLE 26 ISEVERABILITY Section _F any Article of this Agreement (or any Section on 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 Iof this Agreement. Section 2 . In the event of the invalidation of any Article of Section of this Agreement, the Employer and the Union agree to Imeet within thirty (30) working days to discuss replacement of such Article or Section. I I I I I 1 I 1 I , 68 I ARTICLE 27 TERM OF AGREEMENT This Agreement shall commence following ratifications and Council vote and run through September 30, 1997 . In witness whereof, the parties hereto have entered into this agreement on the J day of MC 1995 . This Agreement was ratified by the City Council of the City of Sebastian, Florida, by formal action on I day of ""4 1995. i t 69 I ICOMMUNICATION WORKERS OF AMERICA CITY OF SEBASTIAN, FLORIDA E IAN, FL drry Hay Arthur L. Firtion ICWA Staff Representative Mayor�kzf II)1 , ln f/I 14- 11!;11- ck Doan, J•�1 L. Koford CWA Committee Member City Manager , v,: ,A-c.,C I Timothy S :th, Wendy Widmann CWA Committee Member Director of Huma uces I ' /Ai • �,/�,y Joel D. Hanifo d Daryl hompson Finance Director ' CWA Committee Member I AT T: �C/x�y 4 , 6.1.6 - i)ta C6 I Kathryn/ M. 0' alloran Y City Clerk IAPPROVED AS TO FORM: Clifton McClelland City Attorney 1 I I I I I 70 r II w w Z _ F o I _ Z e--) w r W _ ° - Q Z w . g �- w - � _ w z Y -W W Y Y Q Z w U a Y U Z U Z < W 1=0 1-. 5 Z z 0 (Xi--== ~ ~ Z . =0:0_5z 11.1< - o z w a °�z QU �� ��_� v-i � 15 Uz�zU W a a z ° J Q� °OZ zuwiao aoQww Z °F0,_W CC 0 O m Q U) W U-� W Z JZU 02< 11x4« U =1MC7z < < UQ -- -JO Saw �. 00w< O=OWW O OZo O, co 0 0 0 Q M U U m M 2 O «=2 2 < U w== Q m U w N I — coo O 0) O N- O N. 0 C N MO 0D NO I NN A1 0 Hr HA 69 CD HM r co co co M N. 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