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Home My WebLink AboutR-97-64 ~~ . , RESOLUTION NO. R~97w64 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 OCTOBER 1, 1997 THROUGH AND INCLUDING SEPTEMBER 30, 1998; PROVIDING REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Communications Workers of America is certified by the Florida Public Employees Relations Commission as the bargaining unit for certain City employees; and WHEREAS, the City and the Communications Workers of America have negotiated an ';xtension of the 1994-97 Collective Bargaining Agreement commencing on October 1, 1997 and "~nding September 30, 1998; and WHEREAS, the City and the Communications Workers of America have negotiated a Contract Extension Agreement of the Collective Bargaining Agreement commencing on October I, 1997 and ending September 30, 1998; and WHEREAS, the City and the Communications Workers of America have reached agreement on said contract extension agreement; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, 1l.1ian River County, Florida, as follows: SECTION 1. The document entitled "Collective Bargaining Agreement between the City of 3ebastian, Florida and Communications Workers of America (Local 3180)", which document is attached hereto with the Contract Extension Agreement 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 October 1, 1997 and ending on September 30, 1998. SECTION 2. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 3. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember L\U0;.d^,,- , 4,_1 The motion was seconded by Councihnember and, upon being put to a vote, the vote was as follows: Mayor Walter W. Barnes Vice~Mayor Richard 1. Taracka Councilmember Louise R. Cartwright Councilmember Ruth Sullivan Councilmember Larry Paul :t:;;.T; ~ The Mayor thereupon declared this Resolution duly passed and adopted this R't:;l day of (f2fUV , 1997. CITY OF SEBASTIAN, FLORIDA (~1ff:i:.1Jll}i{J 11M 4.- _-- ,~J(athryn 'dIr, O'Ha~oralli CMC/AAE :, -::: !:ity"Clerk. ' - - ~ ~ -.......-.... By:-W t. \"t') \}) ~n.,vy-U) Walter W. Barnes, Mayor - ., - -.... "" . _.~ .;. :: .. ,~- (Seal) Approved asia Form and Content: Valerie F. Settles, City Attorney ,I: COMMUNICATIONS WORKERS' OF AMERICA ("CWA") TABLE OF CONTENTS ARTICLE CAPTION PAGE Contract Extension Agreement ......................... I-VI Agreement .......................................... 1 Preamble ........................................... 2 1 U. R .. mon ecogIlloon ................................... 3 2 Management Rights ................................... 6 3 Union Representation .................................. 9 4 Dues Deduction ...................................... 11 5 Rights of Employee .................................. 14 6 No Strike ........................................... 15 7 Bulletin Board ....................................... 17 8 Hours of Work and Overtime ............................ 19 9 Seniority - Layoff - Recall .............................. 23 10 Miscellaneous Paid Leave .............................. 28 11 Sick Leave .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 12 Annual Leave ....................................... 39 13 Grievance Procedure ................................. 43 " Contract Extension A2:reement (CEAl October 1. 1997 - September 30. 1998 C.W.A.! City of Sebastian This Contract Extension Agreement (CEA) reflects a one year extension of the 1994-1997 contract that was scheduled to expire September 30, 1997 and shall become a part of that basic document. This extension is for the period of October 1, 1997 to September 30, 1998 and provides the following agreed to provisions: 1) The provisions of this agreement shall supersede any conflicting language in the original contract: 2) Article 27 in the original contract contains certain changes in dates in order to be current. 3) New agreed to provisions in this Contract Extension Agreement (CEA) are related to the subject matter found in (Article 1 L Sick Leave), (Article 15. Promotions. Transfers. Adjustments and Temporary Upgrades), (Article 17. Retirement Contribution), and (Article 2 L Salary). 4) Contract Extension Agreement (CEA) language: 1. Effective October 1, 1997, with the exception of paragraph 3 listed below, the pav plan that delineates the ranges and steps will be kept in place as is. There will be no step advancements and the topped out employees will receive the 3 % increase in their base hourly rate except for the exceptions in paragraph three (3). (Article 21) 2. Effective October 1, 1997, all permanent employees in the bargaining ooit will receive a 3% pay increase added in their base hourly pay rate on October 1, 1997. There will be no step advancement. 'Topped out' employees will receive the 3% increase in their base hourly pay rate on October 1, 1997. (Article 21) 3. Employees hired after October 1, 1997 and therefore not receiving the 3% will be eligible for a step increase at the completion of their probationary period. Employees hired prior to October 1, 1997, and still on probation October 1, 1997, will not receive the 3% on October 1, 1997, but will be eligible for a step increase at the completion of probation. (Article 21) 4. The sick leave language in the current contract available to employees (Article 11) shall remain the same except that there will be a provision that will, at the employees option, provide an opportunity for the conversion of 50% of unused sick leave earned for the 12 month period from October 1, 1997 to September 30, 1998. Illustration: a) October 1, 1997 - September 30, 1998 Sick leave earned + 96 hours b) October 1, 1997 - September 30, 1998 Sick leave used - 48 hours c) Hours remaining for conversion option = 48 hours d) Employee Selects ~ Yes _ No for conversion 50% e) Time added to vacation 24 hours f) Remaining hours added to sick leave balance 24 hours Note: Employees who select no, not to convert their sick time, will retain their sick leave benefit as currently provided in the contract. .' 5. Public Works - Effective October 1, 1997 (Article 15) A plan to minimize upgrades by granting a 1 O~ per hour increase for Maintenance Worker's I, II, and III. This plan will also encourage more widespread equipment operation across the ranks. Illustration: a) All Public Works Maintenance Worker positions will require a CDL License with air brake endorsement. 1) The City will provide training and fimding for employees to obtain the above. 2) All employees with a CDL License will be required to operate trucks requiring a CDL License without receiving up-grade pay. b) Equipment - Schedule 1) Maintenance Worker I - Will operate all equipment except, Excavator, Dozer, and Long Arm Mower. 2) Maintenance Worker II - Will operate all equipment except for Excavator and Dozer. 3) Maintenance Worker III ~ Will operate all equipment. 4) Heavy Equipment Operator - Will operate all equipment. c) In order to reduce temporary upgrades ten cents per hour will be added as a special adjustment to the hourly pay rates of the employees in the following positions: Maintenance Worker I Maintenance Worker II Maintenance Worker III 6. CPI- Cost of living lump sum payment computed by using the following illustration: (Article 21) a) CPI will be the national Consumer Price Index published by the Federal Government for the 12-months ending June 30, 1998. b) Hourly rates used for computation will be the employee's actual hourly rate at June 30, 1998. c) Part-time employees salaries for consideration and calculation disbursement will be pro-rated based on actual hours worked in the 12-months ending June 30, 1998. d) Full-time employees with less than 12-months of City service at June 30, 1998 salaries will be prorated based on months of City servIce. e) For calculation purposes, all administrative personnel salaries will be included in the ''poof', except sworn officers. The calculation will be as follows: Hourly salaries times 2080 hours (unless pro-rated as previously outlined) times the CPI will create a ''pool'' divided by the total number of full-time equivalent (based on the full~time and pro-rated) positions with, pro-rated equivalents to the part~time and full-time employees with less than 12~months of service. The disbursement will be made by separate payroll check as soon as . feasible after the June 1998 CPI is released. 7. Effective October 1, 1997, the City will provide to all full-time permanent employee's a $10,000 term life and accidental death and dismemberment coverage instead of the current $6,000. (Sublect not referenced in contract) '. 8. Effective October 1, 1997, the City will provide to all full-time permanent employees an additional 1 % contribution for a total of 6% contribution to the deferred compensation plan for current employees and any new hires will also receive 6% after they have served their 60 day waiting period. (Article 17) AGREEMENT Section 1. This Agreement and Contract Extension 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 "CW A" or the "Union". This Agreement and Contract Extension Agreement shall be effective when properly ratified by the City and the CW A and shall remain in force and effect through September 30, 1998. Section 2. Throughout this Agreement, masculine gender pronouns shall be read to include the feminine gender where appropriate. . ' ARTICLE 27 TERM OF AGREEMENT This Agreement and Contract Extension and provision contained in Contract Extension shall commence following ratification and Council vote and nm through September 30, 1998. In witness whereof, the parties hereto have entered into this Agreement and Contract Extension on the 7th day of October 1997. This Agreement and Contract Extension was ratified by the City Council of the City of Sebastian, Florida, by formal action on the 8th day of October, 1997. . ' COMMUNICATIONS WORKERS OF AMERICA ~//!f~~ Gary L. McCallister, C.W.A. Representative er, ommittee Member 1f-/dLD Ke eth Schmit( C.W.A. Committee Member ATTEST: ~,~lr7 Ollo~ti<. / Kathryn . 0' Halloran City Clerk of the City of Sebastian APPROVED~S ~ ~ 00 D-CL~ )_____ Valerie Settles - City Attorney of the City of Sebastian CITY OF SEBASTIAN, FLORIDA \JJ~ 'f) -\A) 'bo.p,,rQ]J Walter W. Barnes, Mayor of the City of Sebastian /!t~cJ.~~~ Thomas W. Frame,. --' City Manager of the City of Sebastian ~((.~ Phillip A. Bowers, Director of Human Resources of the City of Sebastian ~~~- Patrick J. Bre / , - Director of Public Works of the City of Sebastian