HomeMy WebLinkAboutR-03-43RESOLUTION NO. R-03-43
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE BARGAINING UNIT OF THE
COMMUNICATIONS WORKERS OF AMERICA (CWA) AND THE
CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2003
THROUGH SEPTEMBER 30, 2006; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Communications Workers of America (CWA) is certified with
the Florida Public Employees Relations Commission as the Bargaining Unit for certain
employees of the City of Sebastian; and
WHEREAS, the City of Sebastian and the CWA Bargaining Unit have
negotiated a new agreement supplanting and superceding the prior agreement and
covering the period from October 1, 2003 through September 30, 2006; and
WHEREAS, the CWA Bargaining Unit has voted in favor of ratifying said
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, THAT:
Section 1. AUTHORIZATION. The City Manager is hereby authorized on
behalf of the City to execute the attached Collective Bargaining Agreement between
the City of Sebastian and the Communications Workers of America, AFL-CIO, as the
employment agreement for the bargaining unit employees for the period from October
1, 2003 through September 30, 2006.
Section 2. CONFLICTS. All resolutions or parts of resolutions in .conflict
herewith are hereby repealed.
Section 3. EFFECTIVE DATE. This Resolution shall become effective upon
its adoption.
It was moved for adoption by Councilmember Coniglio
/he motion was seconded by Councilmember Barczyk
put to a vote, the vote was as follows:
, and, upon being
Mayor Walter Barnes
Vice Mayor Raymond Coniglio
Councilmember Joe Barczyk
Councilmember James Hill
Councilmember Nathan McCollum
aye
aye
aye
aye
aye
The Mayor thereupon declared this Resolution duly passed and adopted this 24thh day of
September, 2003.
CITY OF SEBASTIAN, FLORIDA
Mayor Walter Barnes
ATTEST:
'Sally~ A. M~,.~)6, CMC
City Clerk'
Approved as to Form and Content for
Reliance by the City of Sebastian only:
Rich Stringer,-City ~rney
HOME OF PF, LICAN ISLAND
CITY OF SEBASTIAN
and
COMMUNICATION
WORKERS OF AMERICA
(LOCAL 3180)
October 1, 2003- September 30, 2006
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COMMUNICATION WORKERS OF
AMERICA (CWA)
,TABLE OF CONTENTS
Agreement
Preamble
Union Recognition
Management' s Rights
Bargaining Unit Representatives
Dues Deduction
Rights of Employees
No Strike
Hours of Work/Overtime
Seniority/Layoff/Recall
lV~cellaneous Paid Leave
Sick leave
Annual Leave
Grievance Procedure
Holidays
Promotions, Transfers, and Adjustments
Group Insurance
Retirement Contribution
Performance Evaluations
Safety
Disciplinary Action
sahtry
Substance Abuse Testing
Uniforms
Tuition Reimbursement
Merit/Step Pay Plan
Severability
Term of Agreement
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This Collective Bargaining A~reement ("Agreement'") Js entered mto by the Ci~, of Sebastian,
Florida ("City" or "Kmployer') and Communizations Worker's of America, AFL-CIO,
(,,rmr ,,~ and h-~ "~ i,~ the promotion ofhm'mom'o~ re!atiom b_.~twv:-_~ ~ Ci~, and
CWA ,, _ _ ._ p_-pose
CW.A; th~ establishment of an vquitable and peaceful procedur~ for thc resolution of
ai~erenees; ~md includes the agreement of the parties on the stand=ds ofwages, hours m~t oflaer
con&tio~s of emp!~.-u~_t cov~ed
Upon the effective date of ,hi.~ Agreement. it shall supersede and supplam that certain
Ag~_~,m.~t b_~wee~ ~e pm~es ~*_ted Ap~ !~ 200!.
Section 2
Throughout this Agreement mascnline gender pronouns shall be read to mdude feminine geaader
wb_~e ~pmp~.
?]~_~.. i "I,TRT .'IT',
Whereas, the intent and purpose of thi.~ Agreemeat is to mainta/n and timber harm~ous a~l cooperative
~~......,- re!afi~_.s-~ ..-.... - c~_~m_ ,_~.~ve and sound focmd_~on;
Whereto, the ¢omemtone of ~ foundation is the mutual acceptance and reception of the rights and
Obligations of both parties, in order that tho joint respons~ilities of fl~ publio employer and public employee to
r~res~_.t ~e p-_bile be fi;!fi!led --_.d ~ order .~,a ,,,;,,~,-,_,p,_~.~ fimctiom of gm,~.,-.,~,,t be ~m_~ed; ~
Whereas, the City is engaged m furnishing essential public services ~dml to the health~ safet3~ promcfic~
~d comfort.~ of*&s re~;~- of Sebas~ian~ and
Whereas, both the City and its emPl~ have a high degree of responsibility tO the public in so serv'i~
Whereas, since both parties reco~ thi.~ nmmal responsibility, they have ~ into fl~i.~ Agreeanent ~
~--_.t and m~us to permit ~ to fi._lfill said m~omib~W;
Now therefore, i~ consideration of the premises and promises set forfl~ hereto and the benefits and
advantages accrmag or excreted to accrue to the parties hereto and those covered by this Agreem~t by reason
th~'eo~ and said p~_~es h~eby s.~ as fono,a~:
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ARTICLE 1
IFNION RECOGNITION
The City reco~nizes the CWA as being certified bythe Florida Public Employees Relations Commission
and as such is th~ sole and exclusive bargaining agent, for those full-time and part-time excluding
temporary and seasonal employees) hourly employees working within the unit, for the purpose of
negotiating matters of wages, hours and other terms and conditions of employmem. This list of job
classifications may be amended from time W time.
POSITION CI~SSIFICATIONS
Account Clerk I
Account Clerk H
Account Clerk HI
Administrative Aide
Admini~Ca'ative Ass'~t
Adminism~ve Secretary
A~e Supervisor
Assistant GolfPro
Building haspector !
Building Inspector II
Building Maintenance Supervisor
Cashier
Cemetery Supervisor
Clerical Assistant !
Clerical Assistan~ ~r
Code Enforcement Officer
Communications Supervisor
Commtmieations Technician
Computer Operator
Construction Inspector
Engheering Technician
File Clerk
Fleet Maintenance Supervisor
Golf Course Cart Attendant
Golf Course Starter Ranger
Head Cashier
Head MechatLic
Human Resources Specialist
Iaformation Specialist
Maiatenance Worker I
Maintenance Worker ~T
Maintenance Worker HI
Mechame
Parks Foreman
Parks Supervisor
Records Retention Clerk
Records Supervisor
Roads and Drainage Supervisor
Traffic Teehaiei~n
Zoning Technician
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ARTICLE 2
MANAGEMENT RIGHTS
The management of the City and the direction of the workforee is vested exclusively in the City subject
to the terms of this agreement. Nothing in this Agreement shall affect the right of the City to determine
the standards of service offered the public; to maintain the efficiency of the City's operations; to
determine the methods, means and personnel by which the' City's operations are to be conducted; to
direct the work of its employees; to hire, promote, demote, transfer, assign and retain employees in
positions; to discipline, suspend or discharge employees for just cause and to relieve employees from
duty because of lack of work; or to take any action, not incomistent with the express provisions of thin
Agreement, necessary to carry out the mission of the City. All matters not expressly covered by the
language of this agreement may be administered for its duration by the City in accordance with such
policy or procedure as the City from _time to time may determine.
ARTICI ,3
BARGAINI31G UNIT REPRESENTATION
The CWA, upon the presentation of Application for Membership form (Appendix B) dues deduction,
duly executed by the individual employees covered by thi.~ Agreement, shall be entitled to have such
employees' membership dues or service fee deducted from their paychecks on a semi-monthly (twenty
four (24) times per year) basis and remitted to the CWA. As assi~mnnent ofwages/dues de, duction may
be canceled by the employee on thirty (30) days writtm notice to the City and to the CWA.
The City agrees to provide suitable bulletin board space on existing or new bulletin boards in conve~ent
places for posting of official CWA notices. The parties agree that the usage of such bulletin boards will
be to promote Employee-Employer relations, as well as keep the members of the CWA informed of its
representation activities. AH notices shall be signed by a duly authorized CWA representative. Any
other notices, including any notices containing inf~on other than purpose, date, time and place, may
be posted on the designated CWA bulletin board only with the approval of the Employer.
The City will permit the CWA to maimain an official mailbox at various work sites. The mailboxes will
be provided by the CWA. Mail delivered to these mailboxes will be delivered unopene&
The City will allow the CWA a reasonable oppommity to meet with new employees covered by the
agreement at the conclusion of new employee orientation for the purpose of briefing the employee on this
Agreement and the Bargaining LMit's programs and benefits.
The CWA shall appoint one (1) bargaining unit member for each of the departments to represent the
CWA as the Steward for all the bargaining unit members in those departments. The Steward shall be a
regular full-time City employee on payroll status and shall be responsible for labor relations activities
associated with the administration of this Agreement on a full-_time basis. Furthermore, he orshe shall be
responsible for the coordinating and processing of grievances for all CWA members, and shall conduct
activities to avoid overlapping or duplicating services of any other bargaining umt~ve. These
activities shall be cxmdtmted without disrupting the work of other City employees who are not directly
involved.
ARTICLE 4
T~tr~..q DEDUCTION
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Upon receipt of a stipulated lawfully-executed Assignment of Wages/Dues Deduct/on form,, attached as
Appendix B, from an employee, the Employer agrees to deduct the regular dues of the CWA from the
_~m~l,,,,,~'~_ r--v -- ~ pay ~..~_~a/-m~,*my..__.~. ___.q',oh dues x.,dn be remi.~d monthly *,,_. ~e Secr_mavd-Tmasurer_ ,,e~. th,~_.
CWA Bargaining Umt. The CWA agrees to notify the Employer, in writing, at least thirty (30) days
prior t~ h~..,:ffecfi_,:e da*~ of mD, cJa~ges in the re.g,,_!ar d,~ smudge.
Revocation of dues will be processed through the CWA, but in the event of direct revocation, the CWA
.~n be notified as soon as is pracm2cab!e.
The CWA agrees to indemnify and hold harmless the Fanployer, its agents, employees and officials from
and again~ any claims, demands, damages or cremes of action (including, but not limitedto~ claim.% etc.,
b~ed ,..,pon c!erA'ca! ,,,' acco,.mm.2v.g ,-,'-,~ ,,m,~ed },,, -,,_*h,,~,,,'- '~ of_~m./~-namre wh~.hamoe,_ :er, ~.ed ~,
person, firm or entity, based upon or related to pa)a'oll deduction of CWA dues. The CWA agrees to
defend,, at its sole expense, an3, such claims against thc Employer or its agents, employees, and officials.
.The t_.~rm "offidfl" as used h~em inelud~es e!e~_.eA and appo~ted offid~As.
Nothing comamed herein shall require the Employer to deduct or to otherwise be involved m the
collation of de!inqumt d ,~.s, fi-.~es, pev~.a!fi~, or ~eda! assessmmm of the CW.A.
An assignment of Wages/Dues ~ion may- be canceled bythe employee upon thirty (30) days wrillen
notice m both *_he CiW and the CWA.
ARTICLE 5
~Gwr.q OF E~LO~S
The City and CWA agree that bargaining unit members possess the fights set forth m Section 447.301,
Florida Statutes, and are entitled to exercise these fights without imefference, restraint, or coercion from
a~, p~son,/nclu idmg CWA r_,z.p~,,~,-,,,~,i,~, ;"-v~m~ d;e~,_Sei,~n ............ b..e~.:e~ m,~ _~n.,qm,,~r .~ _.. and
of the CiW in which the employee has reasonable grounds to fear that the interview is investigatory and
m_~, reset m diso. p!in~,-y ~otion bek~ tak.~_ agaLi~_~t th.._.
CWA members are entitled to be represented by the CWA m grievances ar/sing under this Agreement.
They may- also bring matters of individual concern not covered by this Agreement to the att__enfion of City
officials.
ARTICLE 6
NO .~xa~nc~,
For purposes of this Article, "strike" is defined as the conc, erted failure of emplqvees to report for duty;
the concerteA absence of employees from theft' positions; the concen~ stoppage of work by empl~;
the conc~.ed su~.hmission, ofr~i~mamqons by employees; the conc_~ted ~_b~n-_~ace in whole ~ in pa.~ by
any- group of employees from the full and faithful perform_anco of tho duties of employment with a public
~p!~,er for the pu.mpose of in.~acmg, infi ,~nemg, condoning or coercing a change in the L.~'ms and
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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 collie
bargaining agreement.
The CWA recognizes that strikes by public employees are prohibited by Article 1, Se~ion 6, of the
Florida Constitution and Section 447.505, Florida Statutes. The CWA agrees not to authorize, instigate,
or otherwise support a strike, as defined in Section 6.1 above.
The CWA 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 m violation of this Article.
The CWA agrees that there shall be no strikes in accordance with Article 1, Section 6 of the Florida
Constitution and Section 447.505, Florida Statues. In the event of a strike, slow up, work stoppage, or
intemaption due to informational pickets, the CWA shall promptly and publicly disavow such
unauthorized conduct and to take all affirmative action legally available to prevent or terminate any strike
which occurs in contravention of this commitment. This Agreement shall become null and void upon the
occurrence of a CWA encouraged or sanctioned strike.
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 ~.xanage
any type of act that would violate local ordinances, city, state or federal taw, e.g, honldng of horns, etc.
ARTICI~ 7
HOURS OF WORK AND OVER/IME
Basic Work Week:
(a)
The basic work week for regular full-time employees shall ordinarily mist of forty (40) hours
per week, starting at 12:01 a.m. Sunday and ending at 12:00 midnight Saturday, unless
otherwise specqfied or scheduled by tbe Department Head to meet particular requimmmts of an
individual department. This provision shall not be comm~xl as a guarantee or limitation of the
hours to be worked per week.
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The basic workweek for. regular pm-time employees shall mist of those hours they are
required to work by their Department Head or his designee.
(c) Meal periods shall not be considered time worked.
(d)
Bargaining unit members will be entitled to a one (1) hour meal break which will be taken atthe
discretion of their immediate supervisor. Bargaining unit members will also be entitled to two
(2) paid fifteen (15) minute work breaks one in thc morning and one in thc afternoon.
Bargaining trait members will be paid for an eight (8) hour day.
Hours of Operation
1. Administrative bargaining unit member's hours ofwork are from 8:00 a.m to 4:30
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p.m Menday through Friday.
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Non-administrative bargaining unit member's hours of work are fxom 7:00 a.m to
3:30 p.m.
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The hours of operation for both Admini.qtrative and Non-administ~ve bargaining unit
members may be changed from time to time at the discretion of the Departmmt Heat[
The two fiftem (15) minme work breaks will not be takm immediately before and/or
immediately aflzr the meal break, and it must be used or lost. It cannot be used to make up for
late arrival or for leaving work early.
The City win make a good faith effort to find work for employees who want to ~ worldng
when adverse w~ather conditions do not permit otlside work. If no work is avaaable, and based
on the employee's job' description, employees may use ~ vacation, personal, or
compensatory time, (if earned) to leave work for the remainder of the day.
Communications Division:
The basic work period for. all bargaining unit members assigned to the Communications
Division of the Polic~ Deparlment shall consist of the scheduled work period as desaffbed in
Sec.~ion 7.1, Section (a) ofthi.~ Article. Such unit members shall be eardfled to one 00) thirty
minllte meal break and two (2) f:fftem (15) rain!rte paid breaks per each eight (g) hour shift, to
be takm at the disa~tion of thek immediate SUpPer.
(a)
The two (2) fifteen (15) mimrre paid breaks are not to be taken consoctu~ely or in conjunction
wi~ the ~ (30) minute ~ bi'oak unless authorized by the amploy~e's imm~liate
supemsor. It. is agreed by the parfie~ that the ma> (2)' fiftem (15) minute bre, aks wRl represent
c. cm~easable time. Meal breaks will not represent compmsable me.
(b)
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Overtime will be auth~ only when it is in the m~re~ of the ~mployer and is the most
practimble and econamical way of meeting workloads or
All authofiz~ and approved time worked in oxce~ of forty (40) hours in any one workweek is
considered overtime worked and shall be either paid at the rate of one and one-half (1 ½) times
the hourly rat~ of the employee, or by comp~amatory time off at the rate of one and one-haft
0-1/2) hours for each hour worked over fm~y (40) hours.
For the purpose of overtime computation, time sprat by a bargaining unit member on any
approved leave with pay (excluding compensatory time) will be considered as time workec[
Bargamfl~g unit me~bers who work overtime during a forty (40) hour week and me sick
leave time within that forty-hour week will be eligible for ove~me pay. The employee
requesting eompeusatory time and having used sick leave daring the forty (40) hour w~k
week will earn the compensatory time at the rate of one and one-half (1 ½) times the hourly
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rate of tho ~mployee.
If a bargaining unit member has accrued earned overtime, he or she may elect, with the
approval of thc Department Head, to use compensatory time off rather than be paid for the
overtime.
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A bargaining unit member may me up to a maximum of one hundred ~ (120)hours
of compensatory time in any Fiscal Year of which eighty (80) hours may be carded over
from year to year. All. compensatory time in excess of eighty (80) hours up to one hundred
twenty (120) hours must be used m the same Fiseal Year it is earned (and by September
30th) or the remaining balance of unused compensatory time up to forty (40) hours will be
convened to the bargaining umt members current hourly rate ofpay and added to their tim
pay check in October. At thc bargsining unit member's option theymayrcqucstpay-out for
all accrued compensatory time up to one hundred-twenty (120) hours earned in any fiscal
year. ~ compcusamry time will be converted to the bargaining unit mcnlbcr's cmtcnt
hourly rate of pay and added to their first pay cheek in October. Written request forpayout
for all or partial acxmm~ compensatory time must be submitted by the first week in
September of each fiscal year.
Bargaining unit member's wishing to use ac, cnmd compensatory time offmust follow the
same ~ as an employee wi,qhing to take vacation time. In any situation, the
bargaining unit member must receive prior approval to use compeusatoty time off except in
emergency situafi~. The bargaining unit member's Department Head shall attempt to
accommodate the desires of the employee as to the time off desired, work schedule and
condin~ permitting.
No bargaining unit member will be .placed in a leave without pay status during the basic
workweck in order to deprive him or her of thc right to earn compcusable overtime. Upon
approval of thc DeparUnent Head, employees may elect to flex their hours in excess of 40 hours
within tho sam~ serial-day workw~'
Bargaining unit members shall be required to work overtime whtm assigned unless excused by
the Depanmmt Head. Any bargaining unit member who desires to be excused from an overtime
assiL'nmeut shall submit to their D~amnent Heaui a vaittm request to be exousec[ Inthe event
that the Department Head cannot schedule a suitable overtime work force from tbe eon~lement
· of employe~s who have not rexp~ relief from overtime, employees who have approved
writtm relief requests on file will also be rocluix~ to work overtime.
If a bargaining unit member leaves the service of the City s/he will be paid for all aeemed
compensatory time at the bargaining unit members current hourly rat, of pay to a msxqmnm of
one hundred twenty (120) hours if earned taxi not used m any one fiscal year.
Call-Out
When a bargaining unit member is called back to work after his or her normal work day, he or she shall
receive a minimmxz of two (2) hours pay at thc ovcltime rate. When a bargaining llllit xtlcmber is
assigned to attend a scheduled City meeting to perform work after his/her normal work day, the
bargaining unit member shall be entiflcd to a minimum of one (1) hour pay at thc overtime rate, if
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applicable, and shift differential ff appropriate. Travel time shall be included as time worked. Hours in
excess of forty (40) hours per week will be paid at the rate of time and one-half (1 ~) the bargaining unit
members regular hourly rate of pay.
Any bargaining unit member who works either regularly scheduled hours or overtime hours that fall
between 7 P.M. and 7 A.M. shall be emifled to a shift differential equal to five percent (5%) of their
regular hourly rate of pay for each hour worked. The bargaining unit member must work a minimum of
three (3) hours during the estabhshed hours set above before they will be entitled to receive shift
differential. Any bargaining unit member who works less than three (3) hours will not receive shift
differential for those hours worked.
The City will pay bargaining unit members the Florida State Stamt~ Meal Allowance far those members
assigned a regular shift, who have completed their shift, and who have to cover a full adch'fional .qhift
when staff~ a shortage and it was unexpected.
ARTICLE 8
SENIORITY/I~YOFF/RECALL
Definitions:
(a)
City seniority is the total cumulative length of ~mintermpted regular full-time or regular
part-time employment of a bargaining unit member by the Employer, measured from the most
recent date of regular employment by the Employer, except as provided in Section 8.2 below.
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Classification seniority is the length of regular full-time ar regular part-time service by a
bargaining.mt member in a job classification.
(c)
City seniority shall apply for the purposes of layoff, vacation computation, service awards, or
other maums based upon length of service.
Accrual of SmioriW:
Employees shall be placed in a probationary stares for the fnst six (6) mnntkq ofemploymmt in
any job classificatior~ Probationary employees accrue no classification seniority until they
become pernmuem regular employees, whereupon their classification seniority shall begin from
the date of entry rote the classification An employee who Las completed bis or her initial
probationary period shall continue to accrue City semority notwithstanding subsequent
probationary period(s) resulting from promotion to a different job classification.
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Any bargaining unit member who is on an unpaid leave of absence shall not accrue, nor shall
they loose, seniority, semonty accrual shall begin on the first day of the members remm to
work.
Loss of Seniority:
Bargaining unit members shall lose City and classification seniority only as a result of:
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volUmm3; resignation;
retirement;
layoff for a period exceexiing twelve months;
absence from work without authorization;
faff~ w. r~ ~om mi]i~--T leave within h~ time ilL-fit pr_~ribed ~, !aw;
approved leave of ~_bs_~acc ~.thom p~, of cm.--. (!) year er more.
8.4: Work Force Adjustment and Lay-off:
Whm w~.ortc force adj,,_.~mx~tt b~om.~ mces?_,y ~ae to !~_~.t: of wo.,5'..~ ~ort..age of fimds,
discontinuance of operations, or the subcontracting out of City semces, the Employer may lay-
off employees. The CWA and the aff~ bargaining unit member(s) shall be notified m
xa~ting not !ess th~ sLxty 60 c~_~ad~ das~ pri. 'or to *~ eff_.~,:e date of ~ !ay-off.
If the City fails to provide the employee(s)with a sixty (60) day whtten notice of lay-off, the
City will pay the employee(s) the equival~t oftwenty (20) days ofpay. Suah payment will be
paid in two (2) bi-w~.--.k~d in~em~nm.
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The duties performed by any laid-off bargaining unit member may be reassigneA to other
b~gaining ,~--,-'t m.~rnb_~s akea..~y working v&o hold positions in appro~.'..~te c!assificaticm~.
(d)
No regular full-time bargaining unit member shall be laid-off while a probafienmy, pm-time, or
t~rpomD, employee r~si~ emp!os. ~d in the same job classifimfion.
permanent, regular .ball.. -time bargaining unit m~mbers who receivea notice oflay-aff.qhall.have
the right, in ac, cora~nce with their seniority, to tran~er or downgrade (commonly known as
'%,m?ing") or m ~*-he. lay-off. Bumping ~ oaly be pmm.n~ in the ev--,~-- of~,-o~ in
accordance with the following procedures:
Affect.~ b~g~/ni~_g ~_mit ~~rs shall !m,:e five (5) c. alendm' das~, _-r-om ,~. ~th~,
are notified Bt management of the lay-off, to notify management whether tl~ desire to
bump or*~. *~. lay-off
(2)
Managemmt shall identify the position that may be bumped within five (5) calendar
days and ex~lain the options to the aff~ bargaining unit m~xnber(s). Position
c. las~-ficafions that. ~ avaffable for. bumping wi!! ~.!y be for. *~ sam, grade or. less
t_.h'an the bargaining lmit meallbers ~ position. If th~ bargain~g unit member
possesses the minimum qualifications for that position, and has greater City seaxiority
than the present oceupam of that position, the bmmping shall take .q~iL~,zt..
calendar days from the dale of the nolificafion. If othemrise eligible, the bumped
bargaining.unit member ma}, then proceext him.qelfin accord~ee with Section 8.4 (d) of
this article. In no event wi!! a b~ini~_g unit w_~ber, bump mother. ~b~ m a
higher ¢lassification.
In the m, ent tb~ two or more affe~ bar~ unit members have ~ exa~ s~rm-e
citywide seniority, the bargaining umt member with thc least classification smio~'
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will be laid off first. If both bargaining unit members have equal semority, the
bargaining unit member who applied for the position first will retain the posifioxz This
will be determined by the time/date stamp issued by Human Resources on the
employment application when it was first received.
(4)
A bargaining unit member bumping to a different job classification shall be placed in a
probationary period of six (6) months. If, in the opinion ofthe City, the bar~ umt
member cannot satisfactorily perform the duties of the position to which the member
has bumped, the bargaining mt member will be laid off.
(5) A bargaining unit member bumping to a job classification which is lower than their present
job classification will take a 3% per Grade not to exceed nine (9%) percent reduction in pay
and be placed on the pay scale to the closest step in the new job range. In no case will a
bargaining unit member be paid more than the maximum rate of the lower classification.
Probationary employees shall have no bumping fights. An employee who is in a probationary
status as of the date of notice of the lay-off, but who has previously achieved permanent status
in a lower job classification, may revert to such lower classification for the purpose of exercising
bumping rights. If thc employee reverts to the lower classification, their pay is adjusted to the
pay they previously held prior to the promotion.
(g) Regular pm-time employees may only bump other part-lime employees.
Exempt employees cannot bump into the bargaining unit unless they held a bargaining unit
position within the past 3 years.
(a)
Recall of laid-off bargaining trait members shall be made in accordance with City seniority.
Initial contact shall be made by phone. If no response is obtained, a certified letter, return
receipt requested, to the bargaining unit member's last known address, shall be mailed. Laid-off
bargaining unit members who desire to be recalled shall keep the Employer continuously
informed of their current mailing address, or lose their recall rights.
(b)
Within throe (3) working days afl. er receipt of a notice of recall, recalled bargaining unit
members who desire to return to work must notify the Employer and advise that they intend to
return to work, or they will lose their recall fights. Recalled bargaining unit members must
remm to work fit for duty within ten (1 O) working days of the receipt of a recall notice, or they
will lose their recall rights.
~[SC~!J~AN~OUS PA~ LEAVE
Bereavem~t Leave:
(a)
With the approval of the Department Head, paid bereavement leave, not to exceed five (5)
consecutive working days (forty 40 hours), may be granted to a regular full-time or (twexay 20)
12
9.2:
hours for regular part-time bargaining unit member in the event of a death in the bargaining unit
member's immediate family. For purposes of this provision, a "bargaining unit member's
immexliate family" is defined as the member's spouse, parent, step parent, child, step child,
brother, sister, grandparent, grandchild, father-in-law, mother-in-law, or any relative who is
domiciled in the member's household. Funeral leave shall not be charged to annual leave,
personal leave, sick leave or to compensatory time. Any absence in excess of five (5) days or
forty (40) consecutive hours, in connection with approved funeral leave, will be charged at the
bargaining unit member's discretion to accrued compensatory time, annual leave, sick leave,
personal leave or, ff no leave is accrued, to leave without pay. Said paid leave time shall be
taken by the bargaining unit member within 14 calendar days. Within thirty (30) calendar days
from the date the bargaining unit member returns to work from a death in the family, the
bargaining unit member will file a copy of the death cerQficate of the deceased. Said death
certificate will be attached to a leave request form and forwarded to the Dcpartrncnt of Human
Resources for processing. Failure to produce a death certificate will result in thc bargaining trait
member reimbursing the City for any paid leave taken under this Article. Any bargaining unit
member found to have falsified his or her application to use thig time will be disciplined up to
and including dismi.~sal. It is understood that under certain circum tances the bargaining unit
member will be unable to obtain a death certificate. In this event, in lieu of a death certificate,
the bargaining unit member shall submit a newspaper account showing the death and the
relationship of thc deceased to the bargaining trait member and/or other appropriate criteria as
deemed appropriate by the Director of Human Resources.
(b) For non-immediate family, bargaining unit members have the option to use accrued annual
leave, compeasatory time_ or personal leave, for the attondance of funerals. Bargaining umt
members will supply their sup~dsor with writt~ notification for this request in as timely
manner as possible. The supervisor will make every effort to comply with the provision of _this
section. In the event that the bargaining unit member does not have any accrued annual,
compensatory, or personal leave they may request to use sick leave.
Court Leave/Jury DuW:
Bargaining unit members attending court as a witness on behalf of the City, any other pubhc
jurisdiction or for jury duty during their normal working hours shall receive leave with pay for
thc hours they attend court. The City of Sebastian Travel Policy will be used for travel
expenses, excluding jury duty.
(b)
All bargaining unit members subpoemed to atl~nd court for work relined reasons are chgible for
leave with pay. Those bargaining unit members who become plaintiffs or defendants arc not
chgiblc for leave with pay, unless thc court appearance is a direct result of their employment.
Bargaining unit members who attend court or jury duty for only a portion of a
regularly-scheduled work day shall report to their supervisor when excused or released by the
Bargaining unit members required to attend court or jury duty while on a scheduled vacation
may be allowed to take court leave/jury duty instead of vacation leave for such period; provided
thc co~'t ~ meets the requirements of thi.~ section.
13
(e)
Regular full-time bargaining unit members required to attend court or jury duty on a scheduled
day off are ehgible to receive up to eight hours Pay, ffrequired, at straight time.
Bargaining unit members who seek to be excused from duty under this section shall present
official notice of their subpoena or jury duty notice to their supervisor at least twenty-four (24)
hours in advance of the scheduled time unless the bargaining unit member actually receives less
than twenty-four (24) hours advance notice). Bargaining unit members who are required to be
absent for either reason shall submit documentation to the Employer showing all days and hou~
of court leave/jury duty upon remm to work
Consistent with existing City pohcy, the bargaining unit member shall remit to the Employer
any and all compensation received for court leave/jury duty, excluding payment for travel and
meals.
9.3: Conference Leave:
The Employer may grant conference leave with pay, together with necessary travel expenses, for
bargaining unit members to attead conferences, schools, and similar events designed to improve their
efficiency, ff considered to be in the best interest of the Employer. All leave and expenses will be
recommended by the Deparlment Head subject to approval of the City Manager.
9.4: Family And Medical Leave
(a)
In order to provide for uninten~ted coverage of the bargaining unit member's position, the
bargaining unit member will notify his or her supervisor as soon as possible once they have
knowledge of need for medical leave stating the approximate duration of the leave. Bargaining
unit members may request a leave of absence without pay in accordance with the Family and
Medical Leave Act of 1993 (FMLA).
Co)
When a bargaining trait member is determined by his or her physician to be medically unable to
perform their normal job duties, the member may utilize acmaxt sick, compensatory and/or
annual leave during their absence in conjunction with FMLA Leave.
(c)
Bargaining unit members may take a FMLA leave of absence without pay not to exceed ninety
(90) days in a twelve (12) month rolling period for the birth or adoption of a child, to care for an
immediate family member with a serious health condition, or the bargaining unit member's own
serious health condition. Additional leave without pay may be granted by the Employer based
upon demonstrated medical necessity.
9.5 Military_ Leave
The existing current City Pohcy pertaining to Military Leave will be fonowed for this Article.
9.6: Leave Without Pay_
(a)
The decision to grant a leave without pay (leave of absence) is a matter of management
discretion. It shall be incumb~ upon each Department Head to weigh and to determine each
14
case on its own merits, including time off for CWA business.
Co)
A bargaining unit member may be granted a leave of absence without pay for a period not to
exceed one (1) year for sickness, disability, or other good and sufficient reasons which are
considered to be in the best interests of the City.
(1)
Such leave shall require the prior approval of the Department Head ~nd the City Manager or
his designee. Before such leave of absence will be granted, the bargaining unit member
must exhaust all accrued vacation, compensatory and, if appropriate, sick leave.
(2)
Voluntary separation from City employment, to accept employment outside ofthe service of
the City, shall be considered au insufficient reason for approval of a request for leave of
absence without pay.
(3)
If for any reason a leave of absence without pay is given, the leave of absence may
subsequently be withdrawn by the City Manager, and the bargaining unit member recalled
to service.
(4)
A bargaining unit member granted a medical leave of absence must submit a written
Doctor's note stating the length of time th~ will be out of work In addition, the bargaining
unit member must keep the DeparUnent of Humau Resources advised of his or her current
address at all times. A copy of this written status report will be forwarded to the City
Manager. If a Doctor's note is not submittexl, the bargaining unit member will be
considered as on an unauthorized leave of absence and appropriate disciplinary action shall
be taken. The bargaining unit member will be carded in a no pay status for all days that
they are absent without medical authorization.
(5)
A bargaining unit member who obtains either part-time or full-time employment elsewhere
while on an authorized leave of absence is required to notify his Depmmmt Head in writing
within three O) days of the acceptance of such employment or they will be terminated l~em
city employment.
(6)
Failure to comply with the notification requirements will result in the bargaining unit
member being dropped from leave of absence status, in which case he/she must return to
duty or be dismisseck
(7)
At least two (2) weeks prior to the expiration of the leave of absence, the bargaining unit
member must contact the Department of Human Resources in order to facilitate the
reinstatement process.
(8) Failure by a bargaining unit member to remm to work at the expiration of a leave of
absence shall result in immediate dismissal from employment with the City.
(c)
Under no circumstauces shall the City contribute any funds towards the CWA pension plan
while the barga_ining unit member is on au unpaid leave of absence. During the time the
bargaining unit member is on leave without pay, the member will not accrue neither sick nor
annual leave and accrual of seniority is suspended until they return to regular duty.
15
9.7:
9.8:
10.1
(d)
A bargaining unit member on an approved leave of absence may continue to participate in the
group health insurance plan, provided that all necessary premium payments are made by the
bargaining umt member. It is the bargaining unit member's responsibility to ke~ premium
payments current.
(1)
The immrance premium payment must be made by the 20th of the preceding month in
which the payment is due. If the payment is not made by the 20th of the preceding
month in which it is due, coverage will be canceled as of the beginning of the delinquent
period.
(2)
If coverage is canceled during an approved leave of absence, it may be reinstated upon
the bargaining umt member's remm to active duty consistent with the plan's
Only regular full-time and regular pm-time bargaining trait members are eligible for the, miscellaneous
paid leaves provided by thi.q Article. All such benefits are personal to the bargaining unit member and
shall not be transferable.
Personal Leave
(a)
Each regular full-time bargaining umt member shall be entitled to three (3) days of personal
leave per year. Such leave is subject to Department Head approval. Probationary employees
(new hires) will not be entitled to use Personal leave time until they have completed thek six (6)
month probationary perioct
Co)
All regular pm-time employees shall receive three (3) days of personal leave peryear. Personal
leave days will be computed at one-half the rate of a regular full-time employee or four (4)
hours. Such leave is subject to Department Head approval.
.
Temporary and seasonal employees are not eligible for personal leave.
Part-time employees working less than forty (40) hours per pay period are not eligible
for leave benefits.
(c) Personal leave may be used in fifteen (15) minute increments.
(d) Personal leave requires advance written request, except in emergency situations.
ARTICLE 10
SICK I,EAVE
Eligibility/Accrual of Sick Leave:
(a) Only regular full-time and pm-time employees are eligible to accrue sick leave. Regular full-
16
time employees will accrue sick leave at the rate of ninety-six (96) hours per calenciar year or
3.692 hours per pay period. Regular pm-time employees will accrue sick leave at the rate of
forty-eight (48) hours per calendar year or 1.846 hours per pay period. Sick leave will accrue
bi-weekly over twenty-six (26) pay periods. Part-time employees will accrue sick leave based
on a forty (40) hour pay period. This is at one-half the accrual rate of a fifll-time employee.
Part-time employees working less than a forty (40) hour pay period are not eligible to accrue
sick leave benefits.
10.2:
10.3:
1 Temporary and seasonal employees are not eligible for sick leave benefits.
2. New employees start to earn sick leave from their date of hire.
Request for Sick Leave:
a)
Any bargaining unit member who is incapacitated and unable to work shall notify his/her
immediate supervisor or designee within one (1) hour prior to his/her scheduled reporting time,
except in an emergency situation The bargaining unit member shall state the nature of his/her
incapacitation, its expected duration, and the expected period of absence. The bargaining unit
member shall repeat this procxxture each day he/she is unable to report for work, unless excused
by the Department Heac[
(b)
If a bargaining trait member is absent from work in excess of three (3) consecutive due to an
illness, the member must submit a doctor's note to the Department Head, or his/her designee,
attesting to the employees ability to return to work with or without restrictions.
Use of Sick Leave:
(a)
Sick leave may be used for the following purposes:
(1)
(2)
(3)
(4)
(6)
(7)
eanployee ill health or;
medical, dental, or optical treatment required during working hours;
quar~ due to exposure to infectious disease;
employee ill health while on annual leave;
ia connection with Workers' Compensation;
for death in employee's immediate family; and
illness of an immediate family member requiting the employee to remain at home.
(c)
Whenever it appears that a bargaining unit member abuses sick leave, such as when a member
consistently uses sick leave immediately upon its being accrued or before and after holidays or
weekends, the member shall be required to furnish a doctor's note verifying that the member was
medically tmable to report to work on those days. Failure to provide such notice will result inno
pay for the day (s) in questio~
Sick leave may be used for absences due to illness or injury sustained while engaged in outside
employment.
Bargaining unit members may not use sick leave during their first sixty (60) days of
employment. If an employee resigns otis otherwise terminated during the first six (6) months
i7
11.1:
11.2:
probationary period, he/she will reimburse the City for all sick leave used by deducting the cash
equivalent of hours used from his/her final pay check.
(e)
Upon separation from employment in good standing (resignation or retirement with a two-week
notice or medical separation), a bargaining unit member is eligible to be paid for a percentage of
his/her accrued balance of sick leave up to a maximum of 600 hours. The percentage is as
follows:
If separated before completing first year
1 - 5 completed years of service
6 years to 10 completed years of service
Over 10 years completed years of service
- 0%
- 25%
- 50%
- 75%
Every bargaining unit member entitled to sick leave benefits and who has been employed for one
(1) full fiscal year and who does not take sick leave during a fiscal year (October 1st through
September 30th) shall be given one (1) day's payto be added to their paycheck during the first
full pay period in ~ber. Such bargaining unit member shall also be given his/her birthday
off with pay, subject to the individual departments work schedule. If work requirements do not
reasonably permit the bargaining unit member to take time off from work on his/her bkflday, or
if the birthday falls on a holiday or a regular day off, some other muV~ally agreed upon day near
the bargaining unit member's birthday may be taken off with pay.
Once a bargaining unit member accrues 360 hours of sick leave they may at their option convert
fifty (50%) percent of any unused accrued sick leave in excess of 360 hours to annual leave on
September 30 of each fiscal year. Bargaining unit members who elect not to convert thek sick
leave, will retain their sick leave benefit as mtly provided in the contract. If the bargaining
unit member is at the maximum vacation accnml on September 30 of each fiscal year, the sick
conversion process cannot be allowed.
ARTICLE 11
ANNUAL LEAVE
Eli~bilitv:
Only regular full-time and regular part-time bargaining unit members are eligible to accrue paid annual
leave. Probationary employees will be allowed to use accrued annual leave at the approval and discretion
of their immediate Department Head or his/her designee. Temporary or seasonal employees are not
eligible for the accrual of annual leave.
Annual leave is earned on a pro-rata basis. The bi-weekly pay period is divided over twenty six
(26) pay periods. Full-time employees will accrue annual leave based on their years of service
with the agency. The accrual rate for regular part-time employees will be at one-halfthe acaual
rate of a regular full-time employee with the same number of years of service. Pm-time
employees who work a minimum of forty (40) hours per pay period will acxm~ annual leave.
(see rate schedule below). To clarify the rate at which an employee accrues annual leave the
18
11.3:
following tables will be used.
A.
Temporary and seasonal employees are not eligible for annual leave benefits.
Part-me employees working less than a forty (40) hour pay period are not eligible for annual
leave benefits.
Table #1'
Full Time Employees
L~gth of Sm, ice
1 Year but less than 5 Years
5 Ye~s but !~s ,.hah !0 Ye~s
10 Years but less than 20 Years
20 Ye~s and
Bi-w~!dy
Accrual Rate
3.077 hours
4.6!5 h~
6.15 hoars
7.69 hours
3_nnua! Leave
Hours Earned
$0 hours (10 worksng days)
! 20 ho~ (! 5 w~ng days)
160 ho~ (20 wm~g &~)
200 ~,~ (*q. w~g ~;a~-,
Table #2
Part-Time Employees
; ~,~...hh of Ser~ Ace
1 Year but less than 5 years
5 Years but less 'uhan I0 Years
10 Years but less than 20Years
20 Yem-s and over
Bi-weekly 3~ Leave
Accrual Rate Hours Earned
1.54 hours 40 hours
~ ° ~ hou,-s uv~" hom-s
-'-..J 1
3.07 houm 80. hours
3.o°5 horn's I00 hours
Request for Annual Leave
(a)
'A requests, for annual !e..~:e ~ be ma~_2~_ea~ i._~..~?..ng, m be b~r~ ~tmit memb_~'s
Departmem Head.
A mque~ f~ leave sha!!U not be ~.n~d ;Z be bargai...vi~g ,~,..~it m,~k~2r., h~s no accvaed
balance of annual leave.
(15) minutes shall be deducted from a bargaining unit member' s accrued leave balance for each
minute ho~r, or part thereof, that a bargaining unit member is actually absent from his/her duty
station.
(d)
_Annual leave may not be taken in advance of its approval by the Department Head. In an
emergent3~ situation acemed _annual leave may be used only with the approval of the bargaining
,-,_2~ m~___.bers d~n~ head ~
(e)
Except under unusual circumstances, Department Heads shall approve or disapprove a written
!em:e ~quest .wit. bin ~q?e (
(f) Annual leave shall not be used in advance of its being earned.
19
11.4:
Use of Annual Leave:
(a) Annual leave may be used for the following purposes:
0)
(2)
(3)
(4)
(5)
vacation;
absences from duty for transaction of personal business which cannot be
conducted outside of working hours;
religious holidays not designated as official holidays;
medical leave if sick leave balance has been exhausted; and
any other absences not covered by existing leave provisions, at the discretion
of the Employer.
Co)
Any bargaining unit member who becomes ill while on annual leave may substitute accrued sick
leave for annual leave for the period of illness. The bargaining unit member must submit a
written request to the appropriate Department Head along with, medical certification from the
attending physician as to the nature and duration of the illness.
(c)
Bargaining unit members will not be allowed to carry over from one fiscal year to the next more
than two (2) years' worth of accrued annual leave. If during the year the bargaining umt
member accrues more than two (2) years' worth of annual leave, they will have until the last full
payroll period m the fiscal year to bring their time balances down to the two (2) year maximum
If the bargaining unit member does not bring the time balance down to the two (2) year
maxirm~n by the last full payroll period of each fiscal year, they will forfeit all hours in excess
ofthetwo (2) year maximum earryover. Annual leave will continue to accrue beyond the
limitations sol; forth above when a Departlnent Head fail~ to grant ~nual leave when requested
in writing by an employee under the provisions of this article. Proper doeummtation signed by
the bargaining unit members department head will be forwarded to the Finance Department
whore it will be kept on file indicating the reasons for not granting the requested leave.
When a bargaining unit is out of work on approved annual leave and is called to work during
their normally scheduled working hours, their leave banks will only be reduced by tho number of
hours they were off work The bargaining unit member's rate of pay for hours worked will be
the overtime rate of 1 ½. If the bargaining unit member works beyond the normally scheduled
hours, then overtime provisions will apply for those hours. At no time will a bargaining unit
member earn time and one half for call back during the normally scheduled hours, then another
time and half (for a total of 3x) for working over 40 hours in the work week
11.5: Separation from Employment:
Upon retirement, resignation, or other separation from City service, all regular full-time or regular
pm-time bargaining unit members shall be entitled to be paid for all of his/her unused accrued balance
of annual leave at the rate of pay received by the bargaining unit member on his/her date of separation.
11.6
Vacation Cash-in:
(a)
Bargaining umt Members will have the option of cashing in up to (40) forty vacation hours per
year if the following requirements are met:
1. The bargaining unit member has a minimum balance of 40 hours after the cash-in.
2O
12.1:
12.2:
12.3:
12.4:
.
The bargaining umt member took at least 40 consecutive annual leave hours offdtmng
the previous year. Holiday hours do not count towards the 40 hours.
Co)
Request for eash-m must be submitted to the Human Resources Department by September 30~
of each year. Payment will be made the first paycheck issued in December.
ARTICLE 12
GRIEVANCE PROCEDURE
The procedure set forth ia this Article shall be the exclusive method for resolving CWA and employee
grievances. Grievances are defined as disputes concerning the interpretation or application by the
Employer of the terms of this Agreement. Oral reprimands are not grievable.
Most grievances arise from misunderstandings or disputes which can be settled promptly and
satisfactorily on an informal basis at the immediate supervisor level. The Employer and CWA
agree that every effort will be made by management and by the grievant, or grievants, to settle
grievances at the lowest level possible.
General Provisions:
(a) All references to days ia thi~ 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 dose of
business of the next working day.
Co) Time is of the essence in this procedure. Although any time limit may be extended by mutual
written agreement of the grievant orthe CWA and the Employer, the failure of the grievant orthe CWA
to observe the applicable time limit shall constitute an abandonment of the grievance, absent a mLmjally
agreed extension.
Procedure:
Step 1.
Within seven (7) days of the incident giving rise to a grievance, the grievant .qhall explain and
discuss the grievance orally with his or her immediate supervisor, who may call higher level
supervision rote the discussion in an effort to achieve a prompt satisfactory adjustment. The
immediate supervisor will notify the bargaining unit member of his/her decision within seven (7)
days of the date of the discussion with the bargaining unit member. If the grievant is not
satisfied with the immediate supervisor's decision, or ff no decision is communicated to the
bargaining unit member within the allotted time period, the bargaining unit member may appeal-
to Step 2 within seven (7) days of the due date for the Step 1 decision.
Step_ 2.
Step 2 is initiated by the bargaining unit member filing with his DepOt Head a written
grievance on the standard grievance form, attached as Appendix C. The Dep~ Head shall
schedule a meeting with the bargaining unit member within seven (7) days of the submission of
the written grievance. Within seven (7) days after the Step 2 grievance meeting, the Depmmem
Head shall issue a written decision concerning the grievance. If the grievant is not satisfied
with the Department HeM's decision, or if no decision is issued within the time allotte~ the
grievant may appeal to Step 3.
21
Within seven (7) days following the date of the Step 2 decision or the date on which it was due,
whichever is earher, the grievant may file a written appeal to the Human Resources Director,
attaching ~ app~eable ~,'ievanee docmn~. A ~o,-ie,~..nee m~...ng shall be sehea,du!,~ed ..,Mtn.bin
seven (7) days following receipt of the Step 3 appeal. At such meeting the grievant may presem
evidence and argument m support of the grievance. With?n seven (7) days of the grievance
m~ing, or...,~.~_h~. ._ ~_~,~,,. _ tT~,. ~ ,q_~,s_ of the ,~r-ipt..__ . o~' t. he. St~._ a_ appeal ffno ~ievance m~gis
held, the Human Resources Director shall issue a written decision conccu~ing the grievance.
Within s_~;e,,_ (7) d~;s fon~o..'-_g,~.he da~ of*he St~
whchev~ is e~h~, ~e ~ev~t m~ ~e a mR~ appe~ m ~e Ci~ M~g~. ~e Ci~
M~ag~ ~ reh~ ~ p~t ~omafion ~d scheme a he~g mclu~g due pro~s f~
~vs of r~ipt of ~e S~ 4 app,. ~ ~e ~sue f~s mthin ~e r~ge g ~or ~cip~
~fio~ i.e., ~ ~cip~e less ~ s~im m~o~ pay,
-~dp~e md p~om~m e~om, ff~e ~ev~t is not safisfi~ m~ ~e S~ 4 d~isi~
&e CWA ~, ~oke ~e m&~m pr~e of S~ 5.
Step 5.
The CWA may revoke arbitration by sending written notice to the Employer within fifteen (15)
days of the date the Step 4 decision was issued or the date on which it was due, whichever is
ear!i~, h,.~. ~a*Aon of re'birr_ ation, by ~e' CWA .wi!! n~ pr~.h, rl~ s_.~ztflemen~ of m_.e ~o,-i.~:~e at
any time prior to the issuance of an arbitrator's award.
!2.5:
The p~Aes w,.~ _~*_~,~pt*,, -~'~-- ,..,pm a ~~,-~~!e ~~ ~b~. ~ ~~, ~ c~
be done mthin sev~ (7) ~,s fo~o~g ~e ~ploy~'s r~ipt of ~e CWA's request for ~bimfio~
r~r~mtafiv~ of ~ ~toy~ ~d ~e CWA sh~ jointly ~bmt a ~~ req~ m ~ ~ of~
~~. M~afi~ ~d c~li~on S~fi~ ~MCS) for _~ ~. ~r~_ ~,~. __ t,~,. ~ ~~r. _ ~~. .. L~
r~ipt of ~e h~ r~ms~fives of ~e F. mplw~ ~d CWA s~ m~ m/bin ~ (10) ~ys ~
b~nning m~ ~ ~& ~h s~ ~~ly ~e, me ~ a time, ~ffi ~y one (1) ~e r~ m
m~ ~. ~ p~m whose ~e r~ ~ ~ ];~ shall be ~ ~b~m~,. md ~ p~ ~jo~y
no~ ~e ~bi~amr of~~ sel~fio~ Ei~ p~ ~ obj~t m ~ ~es ~ ~ ~t, prohd~ ~t
obj~fion ~ ~de ~m m ~e ~mm~mt of ~e ~g pro,ss. ~ ~s h~p~, a s~d joint
re~ for a ~ x~ be ~.
12.6: All arbitrations arising under this A greememt shall be conducted m accordance with the following roles:
(~_) The ~_~bi~at~ shall have jmSsdi~on ~,,..~d authh~ m decide a ~-im~ance pr~per~ b~e hi_tn.
(b)
The arbitrator shall have no authority to change, md, add to, subtract firom, or othfm~e alter
or ~_,pp!_~,.nem th/s A~eem~_.t or. any part. ther_~of ~ ~, ~rnen__dment ther~o.
(c)
The arbitrator may not issue declaratory options and shall confine himself/hemelfexclusively to
the question which is presea~ted to him. The arbitrator shall not have the authority to determine
~_.my oth~ ismes not submitted m him
(d)
Except m the case of termination as disciplinary action, the arbitrator shall not subslimtehis/her
judgmem as m *.he wisdom ~ *.he de~ of se,:~, of ,~i...sciplin.__.~ ~tio,a imp~ ~ ~:
(f)
bargaining unit member by the Employer. The arbitrator's inquiry shall be limited to whether
the Employer possessed evidence of misconduct before imposing the discipline ultimately
imposed. In the ~.~ent of the ~--~i~'afic~ of a ~i~.~m~ rasing ~ of ~e discharge of a
bargaining unit member, the arbitrator is empowered to either sustain the discharge or, if he/she
does not, he/she is empowered to reinstate the bargaining trait member with ar without back pay,
in whole er i,, pm, as ~e eirm_---~--.-q..~.ees wm?~___Z..~, aw~_ of back p-~, shall be ._,:~lueed by
any tmemployment, compensation or other compensation the bargaining unit member may have
received.
The fees and expenses of the arbitrator will be paid by the losing party. Each party shall bear
the cost of its own witnesses and representatives. Any party requesting a transcript will bear its
co~, ,,~_J~ess o*.b_.~..~e a~ed.
Copies of the Arbitrator's award, made in accordance with the jurisdictional authori~ under this
Agreement, shall be furnished to the parties within thirty (30) days of the hearing, unless the
,,~,¢i~ ~,,n,,~y ~,~ t,, ,~t~a t~,~ tim~ ~,,--,t, and shall h~ ~,,~ ~,,~ binding r~n both
APPENDIX C
(Type or PrS'.nt C!~!y im Lnk)
DATE GRIE. VA_NCE OCCL-~:
A_ Give Article(s) and Sections(s) of Contract which Grievant
claims were ,fio!ated:
B. State concisely facts relied on by Grievant:
C. State relief requested by Grievant:
Sigmature of Gri.'.evant
Si~n~.~e of Union Representative
Date Submitted
13.1:
13.2:
13.3:
13.4:
13.5
ARTICLE 13
HOLIDAYS
The following shall be paid holidays for all regular full-time and part-me of the City:
New Year's Day
Martin Luther King Jr.
President's Day
Memorial Day
Independmce Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve Day
Christmas Day
Generally, when a holiday falls on 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; m such instances, the City Manager will
establish the date and will notify all bargaining unit members in advance.
(a)
For Communications Technicians, Holidays will be observed on the actual Holiday.
Communications Technicians or other empl~s not scheduled to work the holiday will receive
8 hours of pay not to be counted for ovm~ime calculatio~ For example, if an employee is
scheduled Tuesday thru Friday and the holiday falls on a Monday, the cmpl~ would receive 8
hours pay for the holiday. The holiday pay would not to bc iacludecI as hours worked for the
purpose of overtime calculatio~
No regular full-time or part-time bargaining trait member shall receive pay for a holiday unless ha/she is
in an active pay status or actually works his/her normal work schedule on the work day immediately
preceding and the work .day immediately following the day on which the holiday is observecL For
purposes of this Article, "active pay status" means any approved leave with pay.
For holiday purposes, a holiday is defined as eight (8) hours for regular full-time bargaining trait
members and four (4) hours for regular part-time bargaining unit members. Holiday time for regular
pm-lime bargaining trait members will be comput~ at one-half the rate of aregular full-time bargaining
unit member who works an eight (8) hour day.
If a bargaining unit member works on the day of a hohday they will have the option of requesting
overtime for the hours worked at the time it is earned or request compensatory _time m lieu of pay. The
bargaining unit member must notify their immediate'supervisor in writing oftheir option no later than the
last work day before the holiday. If the option is not presented to the supervisor on or before the last
work day before the holiday, overtime pay compensation will be used.
Eligibility:
A. Temporary and season~ employees are not eligible for holiday leave _time.
25
14.1:
14.2:
14.3:
14.4:
g.
Employees working less than forty (40) hours per pay period are not eligible for holiday leave
benefits.
ARTICLE 14
PROMOTIONS~ TRANSFERS AND ADJUSTMENTS
Any bargaining unit member who fulfills all applicable requirements for another classification with a
higher rate of pay may be promoted to that position. Vacancies in positions above the lowest rank in any
classification will be filled, as far as practicable, by the promotion of cmrent bargaining unit members.
To this end, all promotional oppommities will be advertised in-house for ten (10) days. A bargaining
unit member whose last performance rating was less than satisfacWry is ineligible for promotion.
When a bargaining unit member is promoted to a higher Grade position, his/her new rate ofpay
shall be Step 1 applicable to that position. If the bargaining unit member's current salary is
higher than the Step 1 rate for the position to which promotion is made, the bargaining unit
member shall receive a two step increase in pay from his/her current rate of pay. Subject to the
approval of the City Manager, a greater promotional increase may be recommended by the
DeparUnent Head.
b)
When a bargaining unit member is adjusteA to a lower paid position (voluntarily or through
disciplinary action), he or she will take a 3% reduction in pay per Grade_to the closest step in
the new job range. In no case will the salary be higher than the maximum rate or lower than the
Step 1 for the lower classification.
The effective date of a bargaining unit member' s demotion or promotion to a new job classification
be the bargaining unit member's new classification anuiversary date for the purposes of classification
selxiority dotermination Tho bargaining unit member must serve a six (6) month probationary period in
the new job classification. If at any _time dm/ag the probationary period, the bargaining unit member is
found to be unqualified for the position or incompetent to perform the duties of the new position, he or
she shall be returned to the position from which the tramfer/promofion took place at their former rme of
pay. If no vacancy exists, the bargaining unit member shall be laid off in accordance with the provisions
of Article 8.
A bargaining unit member may be transferred between deparanents when a vacancy exists in the same
classification which is presently unoceupiec[ Such a transfer does not affect a bargaining unit members
pay grade, pay rate, or anniversary date, but is subject to the fonowing conditions:
(a) The transfer must be approved by the affected Department Heads and the City Manager.
Co)
The bargaining unit member must serve a six (6) month probationary period in the new assigned
depmment.
(e)
If at any time during the probationary period, the bargaining unit member is found to be
unqualified for the position or incompotent to perform the duties of the new position, he or she
shall be reunned to the position from which the transfer took place if there is a vacancy. If no
vacancy exists, the bargaining unit member shall be laid off in aceordan~ with the provisions of
Article 8.
26
14.5
(d)
The City and the CWA agree that when there is a critical need for a bargaining unit member to
work (operate a piece of equipment) in a higher job classification, such as a Maintenance
Worker I filling m for a temporary period as a Maintenance Worker II or a Maintenance Worker
II filling m for a Maintenance Worker 111, the bargaining unit member will receive the gremer of
a 3% increase to their regular hourly rate ofpay (or Step 1 of the acting Grade)_for each hour of
work preformed at the higher classification. A temporary assi,%mment means filling-in for
another bargaining unit member who is on vacation, ill, has recurred a job related injury, on
FIVILA, in training or absent from work for any other legitimate reaso~ Temporary assignments
must be for three (3) consecutive days or more. The bargaining unit member who is workingin
the temporary higher job classification will receive a 3% increase in pay (or Step 1 of thc acting
Grade )_for all time worked after the third consecutive work day in that assignment. Requests
for any temporary upgrades must be submitted by the immediate Department Head identifying
the need for this position being filled and must be approved by the City Manager.
Equipment Schedule:
1)
Maintenance Worker I - Will operate all equipment except, excavator, dozer,
and long arm mower.
2)
Maintenance Worker 11 - Will operate all equipment except for excavator and
dozer.
3) Maintenance Worker llI- Will operate all equipment.
(e)
Effective October 1, 2001 all M_sintenance Workers who are assigned to the Public Works
Deparmaent, and as a result of their position classification requiring them to have a CDL hcense
will receive a two (2%) percent increase added m their base pay. This will be a one-time
adjustment to Cnandfather-ln all Maintenance Workers who are employed by the City prior m
October 1, 2001. All new employees (Maintenance Workers) who are hired after October 1,
2001 will not be eh'gible for the two (2%) percent increase.
The Department Head, with the City Manager' s approval, may, in writing, assign a bargaining
unit member to a supervisor job classification for a temporary period. The affected bargaining
unit member working a period of (3) three consecutive workdays or more shall receive a two-
step increase (or Step lofthe Grade, whichever is greater). The bargaining unitmember will be
entitled to receive the salary increase for each day worked and all hours worked while in that
temp~ classification once the O) three-day minimum has bec'It met.
Bargaining unit members who are required m maintain a valid Commercial Driver License
(CDL) will be responsible to pay the cost of the renewal of their own driver' s license. The City
will pay the bargaining mdt member the difference between the base driver's license cost and the
CDL License and any of the endorsements which the City requires of the bargaining unit
member.
Effective 10/1/05, m promote self-improvement initiatives the City agrees to pay bargaining unit
members obtaining an accredited certification in their respective field an incentive pay. Once earned, the
payment will be paid on a bi-weekly basis over 26 pay periods, k is the employee's responsibility to
notify the City ffthe certification is current or expired. Certifications eligible for payment include, but
27
not limited to the £ollowing:
ASE Automotive/Med./Heavy Truck certifications - $30 per certification, capped at $120 per
year. Auto Technicians that obtain a Master's Technician designation will be eligible for $500
annually.
Professional in Human Resources - $120 mmually.
Building Inspector Certifications - $50 per cerfification~ capped at $250 armually. Building
Inspectors that obtain the Chief Building Official designation will be eligible for $500 annually.
Insecticide spray license (one per department/division)- $120 _annually.
Associates Degree from an accredited college - $500 annually.
Bachelor's Degree from an accredited college - $750 annually
Other certifications may be submitted for consideration for incentive money. Upon approval of the Department
Head, Human Resources Director, and the City Manager, a dollar value consistent with the above scale will be
estabhshed.
ARTICI,E 15
GROUP INSURANCE
15.1:
During the term ofthi.~ Agreement (October 1, 2003 - September 30, 2006), the Employer agrees to pay
the premium during the term of this contract to provide continued group insurance coverage to all regular
full-time bargaining unit members. '-
15.2:
In the event that the. p ~remi~ rate for dependent group insurance coverage increases, the Employer
agrees to notify the CWA as sooa as is practicable, The CWA agrees that the Employer may, at its
diseretima, obtai~ substiuae insurance coverage from another ~ or require eada covered bargaining
__unit member to contribute his. pro rata strafe of the increased premium cost for dependent coverage,
whichever may be applicable. In the event that'the carrier increases the premium rate for dependent
group insurance coverage the parties agree to abide by Sec'don t5.3 of this Article.
15.3:
Any full-time qualified bargaining unit member who eleets to participate in the group insurance
dependent coverage option plan will pay ~ (50%) percent of the cost of the premium. Any additional
supplemental insurance that is optional coverage to the bargaining unit member and that member elects
to purchase such optional coverage will be paid for in total by the member.
15.4:
The City agrees to pay fifty (50%) ofthe costs of single coverage group (health only) inmwanee forup to
two (2) years for qualified bargaining unit members who retire from the City after being employed by the
City for twenty (20) years in a full-time capacity.
ARTICLE 16
RETIREMENT CONTRIBITrION
16.1:
Effective April 29, 2001, the Employer agrees to contribute to the CWA/ITU Negotiated Pension Plan
(hereinafter sometimes referred to as the Plan) nine (9%) of a bargaining unit member's annual gross
earnings for each employee covered by this Agreement, for purposes of providing pensions on
retirement, death benefits, and other related benefits for covered empl~ of the Employer and other
contributing Employers. The Plan is jointly administered by Trustees appointed in equal numbers by the
28
16.2:
16.3:
t6.4:
Umon and Employers under an Agreement and Declaration &Trust, and has been found by the Internal
~z~.~ Sm-Ace to be ~_qt. !ed*.o ey.~pfion ~a_~ the l.m_~m_~.! ~:~e C~I~.
Conm~bmions shall be paid to the CWA/ITU Negotiated Pension Plan, P.O. Box 2380, Colorado
Swings, Colorado 80901, no later than the 15t~ of the fonowing month, together with reports on forms to
be b_--,ished by the P1 _~m.. er the emp!~,er's p~mtom, ff' m ~ aec~.ab!e ~',~,,,~* !>_-,~,~g the ~eefive
period of this Agreement, this benefit will be paid monthly over a twelve (12) month period which will
c~-afinue for the ~:~ite of the Plan.
Title to all momes paid mm the Plan shall be held exclusively by the Trustees in mast for use in
The Employer recognizes that in addition to the Umon's fight to enforce this section, the Union shall
have the right in its discretion to take any legal action neeess~ to collect any contributions or monies
&,e and caw4_'mg to*~ Plan and t,, ~,~ de!inqu~,_t. ~po.,xs. The Emp!oy~ fix~h~ a~'~s ~ ~eUnion
shall have the fight to collect reasonable attome3~' fees and expenses recurred m connection therewith.
The Employer shall supply to the shop steward (chapel chairman) the umon represeniafive's copy of the
Negofi_~.ed P~on Plan _~,,~oy~ ~ ~,,*~ ~ a e~, of m~ ~.-,p!~r's p~.ntout toms m a
quarterly basis.
A~
B.
Only regular full-time bargaining trait members are eligible for inclusion in the CWA/ITU
Negotiated Pension Plar~
New. re~tl~r b,_!!-fime empl~,~.~ m,e e!i~b!e f~ en~ i-_to _this Plan as of the fi-,~t_ cl~y of the
m.~rt_ ~,1~! p_~, perL~t_ fo!!owimg sLxrt3., (60) d_~ ~om *.heir d.~ of hire.
ARTICLE 17
PE~L~zORM._a_NCE EV3 I__.UA ~TION
17.1'
17.2:
Purpose:
Th~ pt_,~p~e of the CiB' of Seb~_q/an v~rf .or?.mnee appmisfl pro~ is to prmfi& a consistent practice
of establishing written goals and evaluating the perfomance of the bargaining unit member. It is needed
to help measme, improve, and reward bargaining unit member performance, to assist departments and
the ag~ m meet *~x gofls.
Definitions:
A.
A._*mua! P~_orm.--~ce Appr~,_.isM. The b~r~ining mt memb~' s p~fform.~ee is appms~ by*.he
supervisor no later than the first day of the month of his/her classification date each year. The
period of appraisal is the period of time since the bargaining trait member's last performm
appr~_i__~.fl.
Bo
Special Performance Appraisal. Special appraisals are performed by the supervisor any time
during the year for. ~ecia! reasons; i.e. chan~ i, P~5 promotion, _~.an~, mas~gnment, etc.
t7.3 Pohcv:
Supe~ .4sors are m administ~ a bargaiv, i. ng unit memb~ perfo.,mance appraisal arm,,al~ and ~eeia!
performance appraisals more often, as appropriate. The performance appraisal consists of evaluating
previously agreed upon goals and objectives. The appraisal is to be used as a m~nagement tool to assist,
motivate, and strength~ ~e bargaini, ng,~ m~rnber. Managers win ~so use*h, hc p~fform~ee
to help determine compensation, employee development and promotion. Where there is adifference of
opinion concerning a performance appraisal between the supervisor and the bargaining unit member, the
bargaining ~ member will have *..he oppommi~.y to _express *~.r differ~,,,r~s in wrking m ~
and the supervisor's evaluator. If the issue has not been resolved at this level, the bargaining umt
member may activate the employee grievance procedure. Bargaining unit members rated
_~..r~ not ~li~bl~, for ~ ~ mere~e, g~rcr~inintr ,,_nit m~___~b~'s who ~oeiv~ m ,~.msatL~fv_~.o.D~ mtLng for
two (2) consecutive rating periods of any type may be terminated from employment for cause.
17.4:
Both the CiW of Sebastian and the CWA believe that the pta-pose of the performance appraisal system
a) to clarify both management's goals for the position and the bargaining trait member's goals;
improvement; to make recommendations for improvcmc~ and establish hmc frames to achieve
c)
to facilitate commu~cation between supervisors and bargaining unit members about the
members job &_~2~es -,,_~4 esmb!/sh a fr,-?me:v, ork for op.~ eonma,_ a~..ve
d)
to encourage and develop time linc plans for bargaining unit member development, growth and
improv~.~_~..t.
17.5' Empl_oyee Appraisals:
of Sebam~ peff~~ ~fion fora. B~~g ~ m~b~s sh~ be ~fl~ by ~
~pr~fia~ admini~at~/~~s~. B~ining ~t ~b~s sh~ be ~vm a minim~ of~ (3)
work ~ notice ~or m ~ mzflu~on ~g..Ax ~ ~ of v~ ~mfl, ~ b~gaining ~
mmb~'s sp~ffic job duties, job &smpfio~ ~d p~om~ sh~ be rex4~ by b~ ~e b~g
~t mmb~ ~d ~e ~~or m ~s pa~ ofp~~ for ~ p~ y~ ~d ~~fi~ or
rec~~a~ plans for ~rov~ ~ m~ ,~c~g ye~. E~h b~i~g ~t ~~ h~ ~ fi~
m a~ ~ ~mm~ reg~g ~e p~o~~ ~pr~s~ ~ ~e peffom~m appr~sfl fm at ~
~e of ~y reh~, ~d s~se~mfly ff ~ e~ges ~e ma&. ~e b~g~g ~t m~b~'s si~
~ ~e p~omce ~pmsfl f~ h~ifies ~at ~e ~~mce appmsfl ~ ~ r~~,fi~ ~e
b~gaining ~t ~~, b~ d~s not si~i~ ~ ~ b~gaining mt mmber a~s m~ ~e ~mfl.
Each ~,~*ain;,,o ~ memb~ s~ have re. he fight t~ ~ amy o.~,,no~ &!efions, ~' addifio-2 to m~
performance appraisal made by the immediate supervisor, a higher supervisor, department head, or
17.6:
18.1:
18.2:
18.3:
18.4:
18.5:
administrator. Sucli changes shall be discussed with the bargaining unit member. The bargaining unit
member shall be provided with a copy of the completed performance appraisal once ithas been signed by
all parties m the chain of command. The performance appraisal shall be placed in the bar~ining unit
member's official personnel file. Any appraisals which are not in the official file shall not be part ofthe
official record of the bargaining unit member in considering discipline or future performance reviews.
Bargaining unit members have the right to review their official personnel file upon and with proper
notification Under no circ~rmqances shall supervisors use the performance appraisal as a substitme for
disciphnary action.
Probationary Pc'dod:
Each bargaining unit member selected to fill a vacancy for a continuing position or a temporary posted
position shall serve a probationary period (as stated in Article 14) which is an extension of the selection
procedure. The probationary period is to give the bargaining unit member an oppommity to demonstrate
his or her ability to perform the duties of the position. The City may extend the probationary period for
up to six (6) months beyond the classification date in order to allow the bargaining unit member the
oppommity to correct deficiencies in his or her performance. Any absences without pay and absences
covered by Worker's Compensation shall automatically extend the probationary period in acxaxdance
with Article 8.
ARTICLE 18
SAFETY
The City and the CWA agree to continue meeting with the established Joint Safety Committee to ensure
continuing, on-the-job safety in the performance of public services. The Committee shall be clmired by
the City Manager, or his designee, and up to three O) members will be selected by the City Mamger md
up to three (3) members selected by the CWA.
The Safety Committee shall meet regularly, as it may determine, to consider methods ofmatmaining and
improving job-related safety. The Committee shall make recommendations by a majorilyvote 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 calendar (20) days ofreceipt
of any written requests made by the Safety Committee. Such requests will be approved by the majority
vote of the Safety Committee prior to being submitmd to the City Manager.
The Employer and the CWA recognize the mutual responsibilities of management and bargaining unit
members to promote a safe work place and agree to cooperate in maintaining City equipment and
facilities in safe conditions.
The Employer agrees to make copies of the City Safety Manual available to all bargaininguxfit members
Any bargaining trait member who as a result of an act or by way of their own negligence and/or in
violation of established safety standards and pohcy of the City causes damage to, or destruction of,
property of the City without substantial justification or excuse shall be subject to disciplinary action, up
to and including termin~oIL Additionally, the bargaining unit member may be hable for up to the full
cost of replacement or repair of the damaged or destroyed property. The provision of Arfide 19, Section
31
18.6:
18.7:
19. I wi11 apply.
Sa_feW Glasses:
With the prior approval of the bargaining unit members Depamnent He~l, the City shall pay for
one (1) pair safety glasses. Where prescription safety glasses are needed, the bargaining unit
member, in conjunction with the City's Vision Care Plan, shall receive an eye examination not
more than once every twelve (12) months. The bargaining umt member shall pay the cled~le
to the doctor for the eye examination. The City shall pay for the cost of the first pair of safety
flames and safety lea~ses for those bargaining unit members required to wear prescription safety
glasses not to exceed one hundred ($100) dollars.
b.
The City will also pay for the replacement of-safety lenses due to on the job breakage or
prescription changes, as nee, dod. An incident report must accompany this request which details
how the breakage occurrec[ The report must be signed by the bargaining unit member's
immediate supervisor before being submitte~ If the breakage was a result of the bargaining
unit member's negligence, the member will pay the full cost of the replacemmt. Additionally,
the bargaining unit member may be liable for up to the full mst ofreplacmumt or repair of the
damaged or destroyed property. The provision of Article 19, Section 19.1 will apply.
Workers' Compensation:
Any regular full-time employee who Sllstain.q a temporary disability as a result of and arising out of
employment by tho City as provided by the Worker's Compea~sation Law ofthe State ofFlorida, shall~
m addition to the benefits payable under the Worker's Compensation Law be entitled to the following:
During the first eighty (80) working days of such disability, the employee shall receive net
supplemental pay based upon his/her net take home pay reduced by the Worker's Compensation
mdenmity payment.
B. Thereafter, the employee may utiliT, any accrued sick or unnual leave in order to receive
supplemental pay based upon his/her net take home pay reduced by the Worker's Compensation
indemnity payment until such annual or sick leave is exhansmc[
C. Upon exhaustion of all paid leave, the City may, at its discretion, grant an unpaid leave of absence
to the employee for a pewiod not to exceed one year.
D.
If any employee, due to an on-the-job injut% is temporarily or par'dally disabled from performing
the duties of his/her classification, but is determined to be able to perfm-m light duty by a
physician designate, xt by the City, the employee may be required to pm'form such duty or lose the
employment conn~ disability leave supplemental benefits. Assignment to light duty shall be
considered a temporary assignm~t~ without reduction m pay. Such a reassignment shall be to
other duties commemurate with medical ~nd mental fitness, subject to ava/lability of suitable
work, and the eanployee's qualifications for the position. However, an employee shall not be
permitted to continue m a light duty position after reaching his/her ma,timllm medical
improvement.
32
18.9
19.1:
E.
Any employee who suffers an employment connected injury may be required by the City to be
examined every twemty (20) working days by a medical doctor, specified and provided by the City,
who shall determine the employee's condition and fitness for full or partial reUma to duty.
No employee will be entitled to employmmt connected with disability leave with the benefits
described hereto if the injury suffered has been determined to have been the result of intentional
self-infliction or where the disability or illness continues as a result of the employee's failure to
cooperate with medical advice or corrective therapy.
G.
While receiving employment connected disability benefits, an employee shall be entitled to all
benefits which he/she would normally receive pursuant to his/her employment with the City.
Work Boots/Shoes:
The City will provide those barguining unit members required to wear safety boom/shoes as a
part of their job function one hundred ($100) per fiscal year. This will become effective
October 1, 2001, payable to the bargaining unit member the first full pay period m October of
each year. Any bargaining trait member receiving thiu benefit will be required to wear the safety
boots/shoes at all times wtxile performing their City job functions.. If an employee begins
employmmt after the first full pay in October, the boot allowance will be prorated by $8.33 per
month. Safety boots/shoes rnt~ meet the requirements as established by the deparmm~.
Co)
The City will also pay for the replacement of safety boots/shoes due to on the job damage
caused as a result of an accident. An incident report must accompany thi~ request which details
how the dumugc ocetgrcc[ The repart nn~ be sisned by the bargaining unit member's
imm~liate stlp~wisor before being submitt~ If the dumu~ was a result of the barg~iningunit
xne~bers ncgligea~e, the nmnber will pay the full cost of thc replaexxnent and may be subject to
d/seiplmmy actions as stated m sexxion 18.5 of this Article.
(c)
If the bargaining ~_mit member provides medioal docu~tation signed by m allmding physicim
stating that th~ camnot we~ the safety boots/shoes due to a medical condition th~ win not be
required to wear the safety boots/shoes. The bargaining unit xne~aber will also be exempt from
the benefit provision as smuxl in section 18.8 (a) of thiu Article mcl will not receive th~ $100
unnual disbursemmt for safety boots/shoes.
If a bargaining' unit member is provided work boots/shoes and the barguining unit xncmber docs not
complete the six (6) month probationary p~iod for any reason, the cost of the work boots/shoes shall be
deduet~ from bar~ining umt members last pay cheek which will reflect the actual expense mmarred by
the city for the purchase of the work boots/shoes.
ARTICLE 19
DISCIPLINARY ACTION
Disciplinary action may be taken against any e~aployee for just cause.
33
..ARTICLE 20
SALARY
20.1: Eligible bargaining unit members shall receive a 2.5% mereas¢ to their current step effective October 1,
2003.
20.2: Effective October 1, 2004, the City will provide all bargaining unit members with a pay increase of
2.5% percent added to their base salary, i.e., excluding longevity, supplemental or any additional pay.
20.3: Effective October 1,2005, theCitywillprovideallbargainingunitmemberswithapayincreaseof2.5%
percent added to their base salary, i.e., excluding longevity, supplemental or any additional pay.
ARTICLE 21
,SUBSTANCE ABUSE TESTING
The City's Policy regarding Substance Abuse Testing that is currently in effect-will be followed for the life ofthis
Agreement.
ARTICLE 22
UNIFORlVIS
22.1: The City shall provide and maintain ~miforms to all members of the bargaining unit who are requiedln
wear them.
22.2:
All issued uniforms and equipment must be returned to the City. Failure to return issued uniforms and
equipment will result in the bargaining unit member paying for the actual cost metaxed by the city f~r the
purchase of said nniforms.
22.3:
Any bargaining unit member assigned a uniform will be required to wear the uniform at all times while
performing his or her job fimctions. The City uniform shall not be worn at any other time or for any
other reason.
ARTICLE 23
TUITION REIMBURSEMENT
23.1:
The City desires to help its bargaining unit members m their jobs by paying for business-related courses
up to the limits of available funds for education during their off-duty hours. Therefore, the City's Policy
regarding Tuition Reimbursement will be followed for the life of this Agreement.
23.2: The following guidelines will govern tuition reimbursement:
Eligibility: Open to regular full-time bargaining unit members who have been employed by the
City for at least one (1) year. A bargaining unit member desiring to participate in the City's
Tuition Reimbursement Program should submit an apphcation to his or ha' Department He~ at
least fifteen (15) days prior to the starting date of the course. If the Department Head
recommends the course, the recommendation will be forwarded to the City Manager or his
34
24.1:
24.2:
designee for final approval.
.
Approved training: Approved courses must directly relate to the bargaining unit member's
current assignment which will improve his or her skills, knowledge and ability to perform his or
her duties and will increase his or her potential for promotion. Such det~on will be made
by the Deparunent Head and the City Manager or his designee. Such courses must be offered by
an approved technical or trade school or an accredited college or university. Allmdmm at these
comes must be during non-working hours. Post graduate (ex. Master's, Doctorate ,etc.)
program.q are not included within the tuition payment plau~
Recipients of scholarships: Any bargaining Unit member receiving a scholarship or grant for
education will not be eligible for tuition reimbursement.
Service Requirement: Bargaining unit members participating in the Tmtion Reimbursement
Program agree to remain employed with the City for a minimum of two (2) years following
completion of the course(s). If the bargaining umt member voluntarily leaves the city service or
is terminate~ for just cause prior to reaching the two (2) year requirement, he or she must
reimburse the total cost of the tuition back to the City.
Grade Requirement: Suecessfal completion oftrsiningmust be accomplished through a grade
"C" (2.0 average) for each course or better before reimbursement will be made. In courses
which are offered on a "pass" or "fail" basis, a pass grade must be earned for reimbursement.
Reimbursement: Upon the successful completion of approved training, an original or a certified
copy of the bargaining flnit member's grades; along with proof of his or her payment ot!tuition
such as a canceled check or receipt, will be submitled to the respective Department HearL Such
documentation will be forwarded to,the Finance Department forreimbursemmt. T~on -
for such educational courses will be provided for by the bargaining unit member, unless such
training is mandated by the City.
Maximum Reimbursement. The maximum tuition rate to be reimbursed for college-level
courses is that established annually by the State Legislature. Should a bargaining unit member
choose to attend a private school, he or she is responsible for paying the differ~ce in tuition.
Additionally, bargaining unit members will be authorized to take no more than two (2) classes
per semester.
ARTICI~E 24
M2ER1T/STEP PAY PLAN
New bargaining trait members who at the end of the initial probationary period, and after six (6) months
from their date of hire (new employee only), will be eligible for a one-step increase, after receiving a
satisfactory performance evaluation based upon satisfactory completion of work performance.
Annually on the date of classification, the bargaining unit members will be eligible for a one-step
increase, upon receipt of a satisfactory performance appraisal of work performance. This will continue
annually tultil the bargaining mt member reaches the maximum pay for his/her classification.
35
24.3:
24.4:
24.5:
24.6:
If the recommendation for an increase is for one-step, justification is stated on the performance
evaluation and the pay increase will be implemented on the bargaining unit member's classification
anniversary date.
In rare cases a Supervisor or Department Head may make a recommendation for a two (2) step increase.
When thi~ occurs the perfetmance evaluation and justification (suppoxfing documm~on) for the gtr, amr
increase will go before the City Manager. The City Manager will review the information and either
accept or reject the reconnnendation. The DeparUnent Head will be notified of the City Manager's
decision and he/she will be responsible for informing the affected bargaining unit member.
Note: Examples of supporting documentation would include letters of commendation from
supervisors, department heads or cifizem, being considered for or selected as an employee of
the quarter and any other documentation that would help justify a two (2) step increase.
If the City Manager rejects the recommendation, then a one-step increase is givea~ The Department Head
can request another review in thirty (30) days to convince the City Manager to approve the specialmefit
iner~e. The City Mmager's decision will be final in an requests for a two (2)step increase.
· If a bargaining unit member changes job classifications, his or her job classification anniversary date will
change, effective the date of the promotion or demotion-
24.7:
Longevi~ P~: .Longevity pay will be awarded aecor~g to the following:
A."
Bargaining unit members, after having completed ten (10) years of continuous service with the
City, will receive an increase in their base pay of five (5%) percent. The five percent increase
will be added to their base pay effective the date of their ten-year Rnniversary date.
Bo
Bargaining um't members, after having completed ~ (15) years of continuous service with
the City, will receive an increase in their base pay of five (5%) percent. The five percent
increase will be added to their base pay effective the date of their fifteen-year anniversary date.
Co
Bargaining unit memb~, after having completed twenty (20) years of continuous service with
the City, will receive an increase in their base pay of five (5%) percent. The five percent
increase will be added to their base pay effective the date of. their twenty-year anniversary date.
Do
Bargaining unit members, after having completed twenty-five (25) years of continuous service
with the City, will receive an increase in their base pay of seven and one-halt (7.5%) percent.
The sevea aud one-half percent increase will be added to their base pay effective the date of. their
twenty-five-year anniversary date.
E.
Said adjusunent(s) will be based on the bargaining unit member's original date of hire
regardless of the salary pay step the bargaining unit member is in at the time he or she attains
the required number of years.
F.
Bargaining unit members in a part-time or temporary status at the time of their relevant
anniversary date will not be eligible for longevity increases.
36
Thos8 bargniniag unit m~nbers who have roceiv~ a longmrity increase in their ninth (gth) year
will not b8 eligible for the ma (l 0)
ARTICLE 2S
SEVERABIL1TY
25.1: If any Article of this Agremnent (or any S~tion the~of) should be found invalid, unlawful or not
enforceable by judicial authority or by mason of any ~isting or subsequmatly maamed legislation, all oth~r
Articles and Sections of this Agreement sb~ll ~ in full force and effect for the duration of this Agremn~at.
25.2: In tl~ evant of the invalidation of any Axticlo or Section of this Agreement, tho City and the CWA agree
to meet within thilty (30) working days to discuss replacement of such Artiole or Sectiorr
ARTICLE 26
TERM OF AGREEMENT
This Agree-meat provision shall commence on October 1, 2003_subject to rn0fication and Council vote, and nm
through Sepumaber 30, 2006. Any new benefits under thin Agreomlmt that do not have a specified effective date
shall be instituted October 1, 2003. In wire, ss whereof; tim parties lmroto have eatered into this Agrcemem on
the 25 day of September.
COMMUNICATIONS WORKERS
OF A_M~RICA Local 3180.
CWA Represmmtive
CWA Chief Steward
Sally Male _./} -- ' t
City Clerk
AP/~ VED A~_~TO FORM:
Rich String,r
City Attorney
37
HOM~ O~ PKIC. AN ~AND
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding pertains to the Collective Bargaining Agreement by and between
the City of Sebastian and the Communication Workers of America Union, Local 3180. It is
understood and agreed as to the following interpretation of Article/Section 7.1 (c) and (d) effective
October 1, 2003.
7.1: Basic Work Week:
(c)
(d)
Meal periods .~hall not be considered time worked.
Bar~ining unit members will be entitled to a one (1) hour meal break which will be taken at the
discretion of their immediate supervisor. Bargaining unit members will also be entitled to two (2)
paid fifteen (15) minute work breaks one in the morning and one in the afternoon. Bar~aining unit
members will be paid for an eight (8) hour day.
ff an employee works through the (1) hour meal break, they will be compensated for a ~A hour (paid at the
overtime rate of 1 ~). Similar to the interpretation of the 15-minute paid break, if an employee is unable to
take the allotted meal break, they will not receive additional compensation for the hours they are already
receiving compensation. Additionally, if an employee wishes to work through lunch and leave early for the
day (without using paid leave), they would leave ~ hour before their scheduled quitting time.
Examples:
If an employee is scheduled to work 7:00 a.m. to 3:30 p.m. and is unable to take the ailot~d one-hour meal
break, the employee will be paid for 8 ~ hours for that day (not 9 hours). Overtime will apply if the
/
employee exceeds the 40 hours in the 7-day work period. If the same employee wants to leave work early
(without usin~ paid leave) they may leave at 3:00 p.m. (one halfhour~before their scheduled quittm~ time).
Dated ' 5th day fNovember 2003.
~tesl{C~r~r, CWA Vice-President
Antoine ~anMeir, CWA Chief Shop Steward
Sally Mai~ity Clerk
AP, p~V~D~A~ T/O FORM:
Rich Stringer, City .~rney