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in conflict herewith are hereby repealed.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
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� �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
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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
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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.
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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 :
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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
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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
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• 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;
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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.
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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 .
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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.
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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.
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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.
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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.
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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)
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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
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ICity or Town S=B Zip Code
Sodal Security Number
IDate received by Employer Date effective
Local Number 1 80
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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.
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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.
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' 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 .
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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.
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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.
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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
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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.
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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.
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(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.
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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.
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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.
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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
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Iprobationary, part-time, or temporary employee remains employed
in the same job classification.
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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.
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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 .
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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.
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(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.
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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.
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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.
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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.
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(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.
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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
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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.
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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.
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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 .
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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
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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.
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(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.
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IARTICLE 12
ANNUAL LEAVE
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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)
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(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 ;
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(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.
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' 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.
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' 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 .
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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 .
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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.
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(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.
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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.
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' 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:
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Signature of Grievant
Signature of Union Representative
' Date Submitted
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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.
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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.
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' 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.
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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.
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(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.
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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.
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' 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.
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' 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.
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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
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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.
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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
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of replacement or repair of the damaged or destroyed property.
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' 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.
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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.
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ISection 3 . Probationary employees are not entitled to seek
review of disciplinary action, up to and including termination,
Iunder Article 13 of this Agreement.
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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 .
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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.
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(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. -
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(c) Whenever an employee is promoted.
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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 .
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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.
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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.
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(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
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Section 6 .
I (a) The City shall pay the cost of any physical
examinations and tests required by this article.
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(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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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