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Home My WebLink AboutR-1995-145RESOLUTION NO. 145-95 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THAT CERTAIN CONTRACT BETWEEN THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 3535 AND THE CITY OF DANIA, COVERING THE PERIOD FROM OCTOBER 1, 1995, THROUGH SEPTEMBER 30, 1998; AND PROV|D|NG FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; Section 1. That the certain Contract between the American Federation of State, County and Municipal Employees (AFSCME) Local 3535 and the City of Dania covering the period from October 1, 1995, through September 30, 1998, a copy of which is attached hereto as Exhibit "A", be and the same is hereby approved, and the appropriate city officials are hereby directed to execute same. Section 2. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on this '1OTH day of October, 1995. ayot -mmtsstoner City Clerk -uditor APPROVED FOR FORM & CORRECTNESS ay: *--eJ C. d.elt* Frank C. Adler, City Attorney ,luil* ATTEST: Resolution No. 145-95 COLLECTTVE BARGAINIII{G AGREEMENT BETWEEN THE CITY OF DAN-IA TEE DANIA GENERAL EMPLOYEES ASSOCIATION AFSCME LOCAL 3535 AFL.CIO Agreement Dates: PERC CERTIFICATE #590 AND 10/0u95 - 09/30/98 EXH]BIT "A" GENERAL EMPLOYEES ASSOCIATION COLLECTIVE BARGAINING AGREEMENT ocToBER 1, 1995 TO SEPTEMBER3o, 1998 TABLE OF CONTENTS DEFIMTIONS RECOGMTION MANAGEMENT RIGHTS LTNION RIGHTS PREAMBLE: ARTICLE 1: ARTICLE2: ARTICLE3: ARTICLE 4: 1 1 ) 3 3 4 4 5 5 6 6DISCRIMINATION CLAUSE ARTICLE 5: NO STRIKE DUES CI{ECK-OFF UMONBUSINESS UMON STEWARDS TRAINING & ORIENTATION PROGRAM IVIEDICAL EXAMINATIONS ARTICLE 6: ARTICLE 7: ARTICLE 8: ARTICLE9: ARTICLE IO: ARTICLE 1I: ARTICLE 12: 7 7 8 8 9 9 10 10 l1 n 12 12 13 WORKDAY l3 WORK RULES BREAKS DISCPLINE & DISCIIARGE GRIEVANCE PROCEDURES PAY & CLASSIFICATION VACANCIES & TRANSFERS ARTICLE 13: ARTICLE 14: ARTICLE 15: ARTICLE 16: ARTICLE 17: ARTICLE 18: ARTICLE 19: 14 14 l5 l5 16 16 t7 t7 21 21 22 22 23 2JWORKING OUT OF CLASSIFICATION ARTICLE20: ARTICLE2l: ARTICLE22: ARTICLE23: ARTICLE24: ARTICLE 25: ARTICLE26: OVERTIME UMFORMS 24 24 26 26 27 27 28 28 29 29 30 30 SATETY ON.THE-JOB INJURIES GROUP INSURANCE SICK LEAVE LEAVE OF ABSENCE 31 31 ARTICLE2T: ARTICLE28: ARTICLE29: ARTICLE30: ARTICLE3I: ARTICLE32: ARTICLE 33: JURY DUTY BEREAYEMENT LEAVE PERSONAL DAY JJ 33 36 38 38 34 34 35 35 36 HOLIDAYS VACATiONS COMPENSATION FORUSE OF PERSONAL VEHICLE 39 39 40 40EDUCATIONAL INCENTIVE ARTICLE34: ARTICLE35: ARTICLE36: ARTICLE 37: ARTICLE38: ARTICLE39: ARTICLE 40: PENSION.RETIREE BENEFITS LONGEVITY SEMORITY SAVINGS CLAUSE WAGES CROSS.OVER WORK ACTIVITIES 41 41. 42 42 43 43 45 45 46 46 47 47 48 48LAY.OFF AND BTII\4PING ARTICLE 4I: ARTICLE 42: ARTICLE 43: PART.TIME EMPLOYEES TERM OF AGREEMENT 50 50 5l 51 52 52SUBSTANCE ABUSE TREATMENT ARTICLE 44:56 LABOR MANAGEMENT COMMITTEE 56 WHEREAS, the parties hereto have established a basic understanding relative to the terms and conditions of employment of the employees of the City; and WHEREAS, it is the intent and desire of the parties to this Agreement to work harmoniously and to promote and maintain efficient and cordial relations between the City and the Association Union which will serve the best interest of all concemed; and WHEREAS, the City is engaged in fumishing essential public services vital to the health, safety, protection, and comfort of the citizens of Dania" Florida; and WHEREAS, both the Ciry and its employees have a high degee of responsibility to the public in so serving the public without intemtption of these services; and WHEREAS, since both parties recognize this mutual responsibility, they have entered into this Agreement as an instrument and means to permit them to fi.rlfill said responsibility; NOW TI{EREFORE, in consideration of the premises and promises set forth herein and the benefits and advantages accruing or expected to accrue to the parties hereto and those covered by this Agreement by reason hereof, the said parties hereby agree as follows..... 4 r( ,, PREAMBLE: I 1 ARTICLE T DEFINITIONS t NIO\ shall hereinafter mean the DANIA GEIYERAL EMPLOYEES ASSOC-rA-TION as evidenced by Amended Order #89E-291, Public Employees Relations Commission, October 9, 1989. 2. CTn' shall hereinafter mean the City of Dania 3. AGENCY HEAD shall mean the City Manager of the City of Dania. TER\I OF AGREEMENT shall mean the duration of ttre contract as defined by beginning and ending dates. STRIKE shall mean the concerted failure to report for duty; the concerted absence from one's Frosition; the concerted stoppage of work; ttre concerted submission of resignations; the concerted use of sick leave; boycotting or disruptively demonstrating by any emplo-...e or employee group; or the concerted abstinence in whole or in part from the full. fri6fu1 and proper performance of duties of employment with the City for the purpose of inducing, inlluencing, condoning, or coercing a change in the terms and conditions of employment or the rights, privileges, or obligations of public employment. This secrion shall not preclude lawfiri and peacefirl picketing. 6. SEMORITY shall mean total amount of continuous service to the Ciw C.{IL B.{CK is when an employee is called to retum to work from home not on his/her regularil- assigned shift . 4 5 7 2 4S;o tu ARTICLE 2 RECOGNITION The city in accordance with a certification of the public Employees Relations commission of the state of Florida dated the 30th day of September, 1982, certification 590, amended october 9, 1989, order #89E-291, hereby recognizes the Dania General Employees Association (union), AFSCME Local 3535, AFL-cIo, as the sole and exclusive bargaining agent for the purposes of collective bargaining with respect to wages, hours and conditions of employment for those employees of the City r*orking within the unit certified purswmt to the aforementioned case number J \ Wu)s,d ARTICLE 3 I}IANAGEMENT RIGHTS Unless otherwise provided in lhis Agreement, the public employer shall have the right to determine the purpose of each of its constituent deparunents; determine standards or service to the public, and exercises control over its organization and operation. The public employer further resen'es the right to direct its employees, take disciplinary action for proper cause, and relieve i15 employees from duty because of a lack of work or other legitimate reason, provided the exercise of said rights does not prevent employees or their representatives from frling grievances should the exercising of said rights have the practical effect of violating the terms and conditions of employ-ment. The City specifically and clearly reserves the exclusive right to manage, direct and program the operations of City Govemment. The City does reserve the exclusive right to hire, fire, discipline, transfer, layoff and promote its employees. The City shall determine the number of work hours, shifts, pay rate and job assignments of its employees and firther reserves the right to subcontract, expand, assign or cease any job, division or departrnent, providing that this article is consistent with other articles of this Agreement and Civil Service Rules, as amended. 4 ;0 s.< \\ ARTICLE 4 T'NIONRIGHTS SECTION I: The city agrees that Union offrcials sa smployer's premises, and with no loss of pay, shall be allowed to: (a) tansmit written communications to the employer authorized by Union officials; (b) consult with the employer on matters mutually agreed to at reasonable times. It is agreed that the above provisions will tre handlgd in a timely and expeditious manner and will not be abused nor hamper the efficient operation of any department or employee within city Govemment. SECTION 2: The City further agrees that union members on employer's premises in non-working areas dr:ring their non-working hours, shall be allowed to: (a) distribute Union literature during employee's official non-working time; (b) solicit Union membership dr:ring employee's official non-working time; (c) post Union notices on appropriate bulletin boards. s 5 bn' N ARTICLE 5 DISCRIMINATTON CLAUSE The City and the Union agree that the basic intent of the Agreement is to provide a harmonious *'orking relationship between the City and the Union. The City and the Union agree that all provisions of this Agreement shall be applied to all emFloyees covered by it and that the City and the Union affrm their joint opposition to any discriminatory practices in connection with employmen! promotion or taining, remembering that the public law and public interest requires no discrimination on account ofrace, color, creed, national origin, sex, religion, age, or physical handicap. Employees have the right to join the Union, to engage in lawful concerted activities for the purpose of collective bargaining, to express and commrmicate any view, grievance, complaint or opinion within the bounds of good taste, relative to conditions or compensation of public employment or its betterment, all free of any restrainl coercion, intimidation or reprisal against an;z employee because of that employee's membership or lack of membership in the Union by vimre of any employee-member holding office in the Union. This provision shall be applied to all general employees by the City and the Union. 6 frue94 ARTICLE TI MEDICAL EXA]VIINATIONS At city expense, upon hire of an employee, said employee may be requted to submit to a medical examination. Subsequent medical examinations shall not be required unless sufficient evidence is present that would prove that the involved employee's performance is impaired or his condition could cause danger to himself or other employees. A medical examination sh:ll not be the exclusive reason for termination of employment but shall be taken into consideration with other factors. Effective 10101/91the city agrees to pay for the cost of annual voluntary physical exams for employees up to a maximum limit of $150 according to the following schedule: 100% for persons over age 40 on an annual basis. 10002 for persons under age 40 on a biannual basis. 80%o for persons under age 40 on an annual basis. No deductibles shall apply to the above benefit. s.a \\ 12 u0 ARTICLE 12 WORK DAY The City agrees to consult with the Union's Local President or Vice President and the Union's Business Agent, prior to making any changes in the daily work schedule. A ten (10) day written notice shall be given except in emergency situations, as declared by City Manager. l3 \,9,4 N ARTICLE 13 WORI(RI]LES The city *ill provide the Union with a copy of any written work rules affecting employees covered by -lis dglssmsnl that are instituted or modified during the term of this Agreement, before the nrles go into effect. 14 uJ S 1 \\ ARTICLE 14 BREAKS The current practice ofbreaks for General Employees shall continue throughout this present contract. Deparhent Directors shall establish rules for their respective departrents which designate the time, place and manner in which breaks are taken by employees. S W 15 UJ ARTICLE 15 All employees with perrnanent or oon-permanent status with the City, may be disciplined for just cause. An accused employee must be served notice five (5) work days prior to any hearing or investigation. Said employee shall have the right to have a Union Representative prese1t at any hearing or investigation as an observer. "Just Cause" may be defir:ed to mean definite proof of alleged misconduct of an employee in regards to job duties, work hours, ethical practice or violation of Civil Service prohibitions, Rule 11, Section 7, which could cause harm to the efficient operation of the City. "Discipline and Discharge" shall be in accordance with civil Service Rules as amended. Any member employee terminated for "just cause" shall be entitled to a lump sum distribution of all eamed benefits. \l4tenever a determination is -ade by a supervisor or department head that an employee is to suffer loss of pay for disciplinar-v reasons, or have use of accrued sick leave denied, he/she shall be given the oppornrnity w'ithin a reasonable period of time, to appeal said action to the city Manager or his/her designee prior to the actual loss ofpay. N 16 ,/c.15' DISCIPLINE AND DISCHARGE GRIEVANCE PROCEDURES SECTION 1. STEPS: Any claim by an employee, group or class of employee-members of the union that there has been a violation, misinterpretation or misapplication of any provision of this Agreement, or any rule, order or regulation of the City deemed to be in violation of the Agreement, may be processed as a grievance as hereinafter provided A. Where a grievance is general in nature in that it applies to a number of employees rather than to a single employee, such grievance shall ss plesgnlgd at Step 3 in writing, within ten (10) working days of the occureuce of the events r*'hich give rise to the grievance. The grievance shall be signed by the aggrieved employees or the president or the authorized local representative of the employee organization. B. If a grievance arises from the action of an ofEcial higher than Step I Management Representative, the grievance shall be initiated at Step 2 or 3 as appropriate. The grievance shall be submitted in writing within five (5) working days if the occurrence or knowledge of the occrurence giving rise to the grievance. Grievances shall be processed in accordance with the following procedures: STEP 1 : The grievant shall preseat orally his grievance to his immediate supervisor within ten (10) working days of the occurrence or knowledge of the occurrence of the action giving rise to the grievance. AD automatic five (5) day extension will be granted, if requested, within the ten (10) day peiod. A union steward or union representative may be present. Discussions will be infomal for the purpose of seuling differences in the simplest and most direct manner. The immediate supervisor shall reach a decision and communicate orally to the grievant qithin five (5) working days from the date the grievance was presented to him. C W 17 ARTICLE 16 uJ.s,c' step 2' If the grievance is not settled at the first step, the grievant within five (5) working days of the answer in the flrst srep, shall present it to the depart-ment head or his designee in writing, sigaed by the emplol,ee. The deparhnent head or his designee shall investigate the alleged grievance and shelt within live (5) working days of receipt of thewritten grievance, conduct a meeting betsleen himsel{ his representative if needed, and the grievant. The grievant may be accompanied at this meeting by a union representative. The departrnent head or his designee 5hall a61i!r *1g aggrieved employee in writing of his decision not later than five (5) working days following the meeting date Step 3: If the grievant does not settle his grievance in the second step, the grievant within five (5) working days shall present the written grievance to the persorurel Director. The Personnel Director shall investigate the alleged grievance and shall within five (5) working days following receipt of the qritten grievance, conduct a meeting between himself, and/or his representatives if needed, and the aggrieved employee. The grievant may be accompanied at this meeting b1- a union representative. The personnel Director shall notifu the aggrieved employee in writing of his decision not later than five (5) working days following the meeting dare. Step 4. Ifthe grievant does not settle his grievance in the second step, the grievant within five (5) working days shall present the written grievance to the city Manager or his designee. The City Manager or h;q designee shall investigate the alleged grievance and shall within five (5) working days following receipt of the written grievance, conduct a meeting between himself, his designee and/or his representatives, if needed, and the aggrieved employee. The grievant may be accompanied at this meeting by a union representative. The cify Manager shail notift the aggrieved employee in writing of his decision not later than five (5) working da1's following the meeting date. If a grievance, as defined in this article, has not been satisfactorily resolved within the grievance procedure. the grievant may request arbitration or, if appropriate, a hearing before the Civil Service Board within fifteen (15) working days. The grievant may select arbitration or a civil Service hearing but not both for the same action. 4 \[ 5 l8 \t SECTION 2. ARBITRATION PROCEDURE: I When either ofthe parties desire that an unresolved grievance be submitted to arbitration,the mauer shall be referred to the Federal Mediation Conciliation Service with notifrcation to theother party. B. The arbitration proceeding shall be conducted by the arbitrator to be selected by theemployer and the union within seven (7) days after notice has lgsn given. A list of seven (7)impartial arbitators from which the arbitrator who will make the deteLination of the grievanceshall E selected by the parties. Both the employer and the union shall have the right to saiketbree (3) names from the panel. The union shall strike the fim name; the City shali then strikeone (l) nams. The process will be repeated and the remaining person shall be tie arbitrator. c. The arbitrator shall be requested to render a decision within thirty (30) days of thearbitration hearing or within thirty (30) days of the receipt ofany written posiiioo oi uoti, pu.ti"r. D. The expenses and fees of any arbitrator shall be bome equaly by both parties. E. The decision ofthe arbitrator shall be final and binrting on both parties. F. No arbitrator functioning under this step shall have the power to amend, modiff or delete any prorision ofthis agreement. G. be The arbitrator shall be limited to the part of the conu'act dealing only with the grievance fore him. 4, t^( v)) 19 A' Local 3535 American Federation of state, county and Mrmicipal Employees, AFL-cIo, exercises rights granted urder State Statute 447.401 and wilt not represent non-members of theunion in the grievance procedure. Any union member, if they elect to, shall have union representation at any step of the grievance procedure and./or during disciplinary proceedings. SECTION 3. GENERAL PROVISIONS: B For the purpose of this section, working day shall mean Monday through Friday, excluding holidays. C. The times indicated on all steps may be extended by mutual agreement. When a grievance is reduced to writing there shall be set forth therein: 1. A complete statement ofthe grievance and the facts r4on which is based. 2- The section or sections of this agreement that are alleged to have been violated; and 3. The remedy or conection requested. E. A grievance not advanced to the higher step within the time limil pl6vidsd shall be deemed permanently withdrawn as having been settled on the basis of the decision most recentlygiven. Failure on the part of the City to answer within the time limit set forth in any step will entitle the employee to proceed to the next step. 20 ,U15.-/?J. D. N ARTICLE 17 PAYAND CLASSIFICATION The City shall establish and maintain, on a curent basis, a Pay and Classification Plan for all employees whose positions are covered by Civil Service' ThePersonrrelDirectorshallhavetheresponsibilityforproperandcontinuousmaintenanceof thePlan.Changesinthedutiesarrdresponsibilitiesofanypositionshallbereportedtothe PersonnelDirectorbytheDepartmentHead.Allreclassificationrequestswillbeevaluatedby the Personnel Director and approved by the City Manager' If the employee affected disagrees withtheactiontaken,thentheemployeemayrequest,withintwenty(20)calendardays,thatthe reclassificationrequestberevie.,redbyaclassificationappealscommittee.Thiscommitteeshall be made up of the following representatives: a) Three (3) employee representatives selected by the Union' b) Three (3) management representatives selected by the City Manager or his designee. c) One (1) representative selected jointly by the Union and Administration' The committee,s finding shall be forwarded to the city Manager for implementation provided fundingisavailableintheaffectedDepartmentbudget.ThedecisionoftheCityManagerwillbe frnal A11 examinations and appointrrents for positions in City govemment sha1l be covered by Civil Service Rules, as amended- 5. [[ 2l tU.S ARTICLE 18 VACANCIES & TRANSFERS VacanciesandtransfersshallbefiIletlinaccordancewithCivilserviceRules,asamended. 22 uJ el "N ARTICLE 19 WORICNG OUT OF CLASSIFICATION Employees or employee will be designated as acting supervisors by the appropriate Department Head in the absence of a Supervisor or Person-in-charge, and those employees working above their class shall be compensated with an additional rate of 10% assigrunent pay for the period in said classification to begin on the frst day working in that classification. In the event an employee is actually promoted to the higher classification, then the rate of pay shall be determined in accordance with the prevailing rules of procedures contained in the pay plan. There will be a minimum of a 10%o increase ,nless there is only a one step difference between the respective classification, in which case the 5oZ increase shall apply. However, the City Manager may approve a larger increase involving special circumstances. 23 LP S.a NM\v ) ARTICLE 20 O\rERTIME SECTION I: AII overtime shall be compensated at the rate of time-and-one-half based on the employee's regular rate of pay and shall be paid in the pay period in which it is eamed. overtime pay shall not begin until fifteen (15) minulgs after the time a normal shift ends provided 1fos employee has accrued forty (40) hours of work time within a work week. If the time exceeds thirty (30) minutes, the employee will be paid a minimum of one full hour. *computation of overtime shall include the time for holiday, personal day, vacation ald sick leave. SECTION 2: The parties shall abide by Federal or State law applicable to municipalities established to cover overtime and compensatory time. SECTION 3: when it is necessary for the city to require member employees to retum to work, (defined as "call back"), not on their assigned shift, the City agrees to compensate the employ-ee a minimum of three (3) hours pay at the established rate of one-and-one-half his/her normal salary provided the employee has worked forty (a0) hours in the work week in which call back has occurred. N U.l5.'r SECTION 4: Upon resignation, an employee's compensatory time may be converted to dollars, provided that said employee resigns in good standing or retires. Conversion of a maximum of forty (40) hous will be allowed. SECTION 5: The City agrees to compensate the employee a minimum of three (3) hours pay at the established rate of one-and-one-half times the rate of pay for community service aides, etc., called to court, not on their assigned shift. Also the City will compensate these same persons three dollars ($3.00) per hour for standby pay up to a maximum of six dollars ($6.00) per day. SECTION 6: The City will make every eflort to distribute scheduled overtime in an equitable manner, provided individuals arc qualified for such overtime assignments. Although temporary imbalances in the distribution of overtime may occur, nothing in this Section shall be construed as alleviating the continuing intent of departmental managemetrt to distribute overtime fairly and equitably over an extended period of time. Any employee who refuses-overtime will be credited as if he worked the overtime hours. Departrnental management will maintain overtime records and will make such information available to a Union representative upon request. 25 S { N .p' ARTICLE 21 I]MFORMS The City agrees to supply unifomrs to employees required to wear them. Employees are forbidden to wear City unifomrs during activities other than those directly related to theirjobs. Employees who start their work day dressed in an unclean unifomr will be sent home for the day without pay. 26 *'oN\ ARTICLE 22 SAFETY The City and the Union recognize the importance of an adequate safety program. The City agrees to provide and maintain an ongoing safety pro$am. The Union will encourage its members to comply with the City's safety program. The City shall provide ail necessary safety equipment required by the safety program as well as the State occupational health law. A committee representing each deparknent shall fomrulate goals for accident reduction. This committee shall be comprised of: Personnel Director, one (1) DeparEnent Management representative, the Union President or his/her designee, and one (1) Bargaining Unit employee for the departrnent(s) represented. Goals shall take into account past accident record, size of the work group, and comparative risk work assignments. The committee shall meet at reasonable times on working days during working hours, with the employee representative serving without loss of compensation. If a departrnent is successful in meeting its accident reduction goal for the fiscal year, then each employee of the department who has worked at least six (6) months during the fiscal year, shall be eligible to use one (1) safety bonus day during the next fiscal year. Effective October l, 1995, the City and tlle Union wili subdivide some departments in the application of this article. [\ 2'.7 uJ.> J ARTICLE 23 ON-THE-JOB-INJI]RIES All members are required to report any and all accidents resulting in injuries, even of a minor natue, to their immediate supervisor. Failure to do so may result in jeopardizing their Workers' Compensation coverage. The City shall maintain the prevailing practice of assigning the proper medical attention as approved by the compensation carrier. The City shall agree that in the event of an on-the-job injury to a member, said member shall, after a waiting period of three (3) working days, be carried at full pay and will not be charged against any existing type of leave. Absences during the waiting period may be charged against any existing sick leave. Aller the three (3) day waiting period, the injured employee shall receive sufEcient salary from the City, that when added to his,&er Workers' Compensation, the employee will receive the equivaient of fuIl pay. The employee injured while on the job will be subject to a periodic review and evaluation conducted by the designated Safety Committee, who will have the authority to recommend to Administration, a reduction in compensation. It shall be the purpose of review to determine the exact extent of injr:ries,-the medical diagnosis, as well as prognosis, and the proper time allotted for lvla,ximum Medical Improvement (MMI). Disability requiring an employee to be off the job for a period beyond six (6) months shall be subject to provisions ofthe Retirement Plan. After 30 days, employees who are out of work due to an on-the-job injury, shall stop accruing leave time including, but not limited to, sick leave, vacation leave, personal days and holidays. 28 " '''l'[ ARTICLE 24 GROUP INSURANCE The City shall make every effort to offer its employees a cafeteria benefits package consisting of healtb, denta! life, accidental death and dismemberment, and weekly disability income. The City retains the right to modiff its existing group insurance policy at any time during the life of the conu'acL Modification shall be interpreted to mean any changes in benefit provisions. The City shatl meet and discuss with the Unioq prior to, any changes in the group insurance plan affecting is members. The Cit_v llill pick up the firll cost of both individual and dependent insuance as modified below. The Citv rill provide 306 credits which shall be the equivalent amount of credits to purchase the eisting benefits progmm. Employees may use their credits to purch:.e benefits from the menu provided according to the rules stipulated in the cafeteria program. Lr subsequeat years during the term of the agreement, Option I (the current benefit plan) \ /ill be used as the basis for determining the number of credits available for benefit purchases in the cafeteria plan- L,J'S'f 29 li\ ARTICLE 25 SICKLEA\TE The City agrees to maintain the current sick leave accrual policy, yet will slightly modi! its use. Employees may take as urany eamed sick leave days as personally necesszry for themselves or for members of their irnmediate family up to a maximrrm of five (5) colsecutive days upon written request of the Departnent Supervisor and approval by Personnel. If additional time is firther required, employee must follow the same procedures above. Any employee not using sick leave for an entire calendar year shall be given an additional personal day to be used il the following year. Employees hired after January 1, 1995 may only convert 50% of sick leave at termination of employment. 30 L^J.S.-5, l,^( Any employee member who is on duly authorized leave of not more than thirty (30) days shall "ootir,r" to'Inuiotuin all non-paid benefits including seniority and longevity except for extended military leave (as provided by Federal Law). Any employee wishing to continue health benefits duringieave rnat puy benefiis himAerself. Payments of the premiums must be paid to the City seven (7) days prior to the premium due date. ARTICLE 26 LEAVE OF ABSENCE SECTION I: SECTION II: SECTION III: An employee may, upon request, be granted an unpaid leave of absence by the City M'nager or his designee for'educational purpose at an accredited institution when it is related to his employment for a period not to exceed one year. This period may be renewed for an additional yeal at the request of the employee to a malrimum of two years provided his/her absence does not present any undue hardship on the department. This shall be determined by the Department Head and the City Manager' Leave of absence without pay for a period not to exceed thirty (30) days may be granted for any reasonable purpose by G City Manager or his designee. Such leave may be reneu'ed or extended foi any reasonable purpose so long as it does not hamper the efiicient operation of the city and/or Departrnent. The city Manager will have final approval of leave of absences. tu S 3r to' SECTION IV: Employees shall be granted leave of absence with pay for educational conferences, seminars, briefing sessions or other activities of a similar nature that are intended to improve or upgrade individual skill or professional ability by the City Manager or his designee provided such additional frrnds have been appropriately budgeted. SECTION V: Any employee who is a member of the National Guard or Military Reserve Forces of the United States and who is ordered by the appropriate authorities to attend a prescribed training program or to perform other duties, shall be granted a leave of absence not to exceed seventeen (17) working days at full pay, but must turn over to the City the amount of compensation eamed during this leave of absence. SECTION VI: Medical leave without pay for a period of up to six (6) months shall be granted by the City Manager or his designee at the request ofan employee who provides sufficient evidence, from a licensed medical doctor, that such leave is medically necessary. r[ )-1 t,.s.d. ARTICLE 27 JURYDUTY An employee who is summoned shall be granted leave for legal commitments and shall recerve their regular salary while serving as jurors or witnesses under subpoena. In order to receive the payment referred to, an employee shall give hisftrer Departrnent Head prior written notice that helshe has been summoned. Any compensation received by the employee for this service shall be tumed over to the City, except for mileage/havel in order to receive his/her regular salary. 33 v.)s.4 N ARTICLE 28 BEREAYEMENT LEAYE The Bereavement Leave policy for employees shall include: a) b) Leave with pay in-State, three (3) days; Leave with pay out-of-state, five (5) days. Leave will be honored provided that death has occurred within the immediate family, i.e., mother, father, sister, brother, step-mother, step-father, step-sister, step-brother, son, daughter, wife, husband, grandmother or grandfather, mother-in-law or father-in-law and grandchildren. Leave without pay may be granted for bereavement puq)oses for other than immediate family only with written approval of the Departrnent Head or City Manager. 34 w 5.4 N ARTICLE 29 PERSONAL DAY Employees covered by this contract shall be entifled to two peGonal days per calendar year in addition to posted holidays. Deparhnent approval will be required for date of use. Aly personal days not used within the calendar year will be lost. This provision shall be in addition to the sick leave personal day eamed' personat days may be used after an employee has completed six (6) months of service, however' only tto (2) personal days may be used in any calendar year- 35 ,1.5 "N The follo*ing holidays will be observed: ARTICLE 30 HOLIDAYS t995196| Thanksgivi! g Day Day after Thanksgiving Christnas Er-e Christmas Day New Yeat'sDay Martin Luther King's DaY Presidens' Day Memorial Day Independence Day Day after Independence Labor Da1' November November December December January January February May July July September 23, t995 24, t995 25,199s 26,1995 I, t996 15, 1996 t9, t996 27,1996 04, t996 0s, t996 02, 1996 Thursday Friday Monday Tuesday Monday Monday Monday Monday Thursday Friday Monday 36 uP.s.-1 N Veterans Day Thanksgiving Day Day after Thanksgiving Christrnas Eve Chrisfrnas Day New Year'sDay Martin Luther King's Day Presidents' Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christrnas Eve Christrnas Day New Year'sDay Martin Luther King's Day Presidents' Day Memorial Day Independence Day 1996t97 November November November December December January January February May July September 11, 1996 21,1996 22,1996 24, 1996 25,1996 t,1997 20,1997 r7,1997 26, t997 04, t997 01, t997 Monday Thursday Friday Tuesday Wednesday Wednesday Monday Monday Monday Friday Monday Tuesday Thursday Friday Wednesday Thursday Thursday Monday Monday Monday Friday 19971L998 November November November December December January January February May July 11, 1997 20, 1997 21,1997 24,1997 25,1997 1,1998 19, 1998 16, 1998 25, 1998 03, 1998 )5 |{ \P ARTICLE 31 VACATIONS All employees covered by this Agreement shall be entitled to vacation leave in accordance with the following schedule: More than I year, but less than 5 years More than 5 years, but less than 12 years 12 years or over 2 weeks 3 weeks 4 weeks There shall be a two year limit to the amount of vacation days accumulated or lenglh of holding of vacation days. Vacation shall be taken at the employee's discretion with supervisory permission, but in increments of not less than five (5) days. However, employees may split one (1) only forty (40) hour increment per year, utilizing eight (8) hour periods in any combination to a maximum of three (3) splits, e.g. 16 hourVl6 hours/8 hours or 24 hours/8 hours/8 hours, with the approval of the departrnent head. Employees who earn more thao two weeks of vacation per year shall have the option to convert up to 40 hours of vacation leave to cash at their prevailing rate of pay each calendar year. Requests for leave conversion may not exceed amount budgeted for compensated advances pusururt to the adopted Cir"v- budget. Employees hired after January 1, 1994 may only convert 50% of eamed leave at termination. N J6 uJ s.-3 COMPENSATION FOR USE OF PERSONAL VEHICLE The City agrees to reimburse employees for t'avel expenses at the City's prevailing rate, should the City request personal vehicle use. In addition, employees cannot be compelled to use thek personal vehicle. 4 39 \,S ARTICLE 32 i\ ARTICLE 33 EDUCATIONAL INCENTIYE The City will repay all costs ofjob related courses taken within the fiscal year provided a passing grade is maintained. Courses must have approval of Departrnent Head, Personnel Director and City Manager prior to application. Employees will receive a one time $25.00 inceotive regardless of the number of courses completed, provided a passing grade is maintained in all courses taken' 4 il{ 40 tp S ARTICLE 34 PENSION-RETIREE BENEFITS The City and the Union agree to continue group insurance benefits to retirees. The City shall contribute five percent (5%) of the members'base pay to the General Employees Retirement Plan which shall be in lieu of their wage increase for 1987-1988, and shall offset the employees' current contribution rate. This five percent (5%) shall be paid directly (plus accrued interest) to members upon termination of employment unless said termination is due to retirement or the member has vested rights in the pension plan and elects to leave his/her funds in the plan until he/she is eligible to select a retirement option. A drop plan will be effective October 1, 1994. A. Effective October 1, 1995, employees will receive a 2.5 benefit accrual rate for all service. The City will contribute not more than 3%o toward this benefit beginning October 1, 1996. If additional amounts are required these shall be paid by the employees thorugh payroll deduction. B. Effective October 1, 1995 employees will be permitted to buy back previous years of service with the City on terms worked out by the City and the Union. Employee shall bear all cost related to this item. C. Effective October l, 1995 employees will be permitted to buy back up to four years of time servcd in the armed services of the United States. Employee shall bear all cost related to this item. 41 rJ.s f PY ARTICLE 35 LONGEYITY Percentage of Base Salary 6 years of service 7 years of service 8 years of service 9 years of service 10 years of service 1 I years of service 12 yeats of service 13 years of service 14 years of service l5 years of service l.5Yo 1.0% 4.5o/o 6.0% 7.5% 8.0o/o 8.5o/o 9.0% 9.5% 10.0% For calcularion purposes, the cut-off date will be December 1 , of each year. 42 Employees eligible to receive longevity pay will be offered the follorving scale: ,t1 ARTICLE 36 SENIORITY Seniority as used herein is defined as the right accruing to employees through length of service which entitles them to certain considerations and preferences as provided for in this agreement. Seniority shall mean the length of continuous service an employee has with the City beginning with the date he/she was employed. Regular employees shall have a sir (6) month probationary period for purposes of seniority. During this probationary period, the employee shall have no seniority rights. Upon the completion of the probationary period, the employee's seniority shall be dated from date of hiring. DepartrDental seniority is defined as the length of employment within the employee's current departrnent. Classification seniority is defined as the length of employment within the employee's current classification. Seniority shall continue and accumulate during the following: 1. Illness under an approved sick leave. 2. Injury in the line of duty. 3. Authorized leaves of absences. +) ,P's,d- Employees shall lose seniority for the following reasons: Resignation. Discharge for just cause. Exceeding an authorized leave of absence. In this case, the employee will not continue to accrue seniority, but will retain what they previously earned. Deparhental seniority will be given first consideration in hours of work, shift assignment, overtime, subject to approval of departrnent head, and vacation, if qualified. A. B. C. 4 44 \r)-9. N' ARTICLE 37 SAVINGS CLAUSE If any article or section of this Agreement shall be found invalid, unlawfirl, or not enforceable by reason of any existing or subsequently enacted State, Federal or Municipal Legislation, all other articles shall remain in flrll force and effect for the duration of this Agreement. In the case of invalidation, both the City and the Union shall meet at reasonable times for the purpose of agreeing to replace and/or rectifr the article(s) in question. 45 T 4 A ARTICLE 38 WAGES Effective the first full pay period beginning in October 1995 (October 1, 1995) salary mtes shall be increased by three percent (3%). Effective the first fi.rll pay period beginning in October 1996 (October 1, 1996) the City shall contribute 3Yo to the General Employees' Pension plan to fimd the change in benefit from 2Vo to 2.5Yo. Should the amount needed to firnd this change in benefit exceed 370, the Union agrees that the excess amount will be paid through palroll deduction. Should the amount be less than 3%, the Union and City agee to discuss the allocation of these funds. Effective the first firll pay period beginning in October 1997 (October l, 1997) salary rates shall be increased by four percent (4%). C 40 B, ,a.s'd i v ARTICLE 39 CROSS-OVER WORI( ACTfVITIES SECTION I: The City and Union mutually agree that with the infioduction of sophisticated computer software in most departrnents, ttre need for cross-training within the "home" departrnent as well as within other departrnents throughout the City exists. SECTION II: The City and Union agrees that those departrnents affected by the demonstrated need for cross- training shall be allowed to do so even if the assigned cross-training activities are outside the employees current job description and classification. Employees affected shall also at times be required to perform cross-trained activities in other than their "home" departrnent. Article 19 of this Contract shall prevail where applicable. 47 ,rS 1 P( ARTICLE 40 LAY-OFF AND BI]MPING SECTION I. ELIGIBILITY: Lay-off will be in accordance with: (1) Seniority, and (2) Qualifications, in a classification. SECTION2. PROCEDURE: When a la1'-off takes place, it shall be accompanied by layiag off temporary employees frst, provisional employees second, probationary employees third, and then permanent employees, in accordance rrith the criteria established above. SECTION 3- NOTIFICATION: The emplol-er shall forward a list of those employees being laid offto the Local Union when the notices are issued to the employees. SECTION {. SENIORITY PROCEDURE: When an employee is laid off due to a reduction in the work force, he shall be permitted to exercise his seniority right to bump or replace an employee in the same classification grouping with less seniority if he is qualified to do the job. Emplol'ees na1', if they so desire, bump an employee in an equal or lower job classification provided rhe bumping employee has greater seniority than the emplol'ee he bumps and has the abilitv to perform the job. Qualification and ability to do the job shall be determined solely by managemeDl 48 "il[ SECTION5. RECALL: When the work force is increased after lay-off, employees will be recalled according to seniority and qualifications. Notice of recall shall be sent to the employee at his last known address by registered mail. The uaion shall be notified at the same time. If any employee fails to report for work within frfteen (15) days from the date of mailing ofnotice recall, he shall be considered to have quit. Recall rights for an employee shall expte after a period equal to his seniority, but in no case more than one (l) year Aom the date of lay-off. Written notice of exptation of recall rights shall be sent to the emplol-ee at his last known address by registered or certified mail. No new employee shall be bired rmtil all employees on lay-off who have agreed to return to work have been recalled in the szme classification. Probationary employees have no recall rights. SECTION 6. Terms of this Article shall apply exclusively to bargaining unit members. No right shall exist for a bargaining unit employee to displace a non-bargaining unit employee in the same or similar classification for any reason. 49 v),v ARTICLE 41 PART-TIME EMPLOYEES Any and all sections of this Agreement between the General Employees and the city, apply mainly to fuIl-time regular employees. However, in order for the public Employees Relations commission to approve the GEA as the exclusive bargaining unit for the General Employees, parttime employees could not be excluded from tl-re unit. It is the position of the Cir-v to formally recognize part-time employees as members of the unit, yet our crurent fringe benefit package designed for regular firll-time employees will not be made available to part-time emplorees. Any and all agreed upon wage adjustnnents throughout the current contract year will be enjoyed by both fuIl-time and parttime employees. vacation allowance for permanent part{ime employees who continuously work a minimum of forty (40) hours bi-weekll', will be calculated at 1.54 hours per pay period for l-5 years of employment, 2.31 hours for 5-12 years, and 3.08 hours for 12+ years of service. part-rime employees who work conrinuously for more than 30 days in a full-time capacity, will have the vacation accrual factor adjusted to the equivalent firll-time rate at the beginning ofthe following pay period. The specific articles the Cit-v wishes to be excluded from part-time participation are: Article#21 Grouplnsurance Article #28 Bereavement Leave Article#29 PersonalDay Article #33 Education Incentive Article#3-l Pension-RetireeBenefits Article #35 Longevity Temporary employees shall esm no benefits except as required by applicable state or federal law. Effective l0l0l/93, part-time employees who regularly work 20 hours/week or more shall eam 2 hours sick leave per monrb- This provision shall not apply to temporary part-time or seasonal part-time employees. 50 .'i,r ARTICLE 42 TERM OF AGREEMENT After a majority vote of those Union members voting on the question of ratification and thereafter upon its ratification by an official resolution of the City Commission ratiffing the Agreement and authorizing the city Manager to sign the Agreement on behalf of the city, then the Agreement upon being siped by the appropriate Union representatives and the City Manager, shall become effective October 1, 1995. The Agreement shall continue in force until September 30, 1998. 51 t,'/tJY ARTICLE 43 SUBSTANCE ABUSE TREATMENT The City may require any employee to submit to a drug test only when it has a reasonable suspicion that the employee to be tested is under the influence of or using illegal drugs or narcotics. follows: l. 2. The term "reasonable suspicion" for the purposes of this policy shall be defined as Aberrant or unusual on-duty behavior of an employee. Behavior which is recopized and accepted symptom(s) of intoxication or impairment caused by controlled substance except those listed in schedule V of F.S. 893.03. It is not reasonably explained for resulting from causes other than the use of controlled substances- Such behavior must be observed by their immediate supervisor or a higher supervisor and the Departrnent Head or his designee. The employee will be given an opportunity to offer such explanation to the obsewing supervisors prior to being ordered to take the drug test. No drug testing will be conducted without the written approval of the Department Head or his designee and either the City Manager or the Personnel Dtector. Said approval to indicate who is to be tested and why the test was ordered, including the specific objective fact constituting reasonable suspicion and the names of any sowce(s) of all the information. A copy of this document shall be provided to the employee. Refusal to submit to drug testing after being ordered to do so may result in disciplinary action. 3 52 u,l'9 d hl( The following procedures shall apply to the blood and urine tests administered to the employees: A. The City may request urine and,/or blood samples. The employee, at his sole option, shall upon request, receive a blood test in addition to the urine test. B. The test shall be performed at a reputable hospital laboratory, certified by the State of Florida as a medical laboratory which complies with the scientific and technical guidelines for federal dmg testing programs and the standards for certification of laboratories engaged in urine drug testing for federal agencies issued by the alcohol, drug abuse and mental health administration of the US Departrnent of Health and Human Services. C. Urine and/or blood specimen(s) sball be drawn or collected at the laboratory, hospital or medical facility at which the specimen is to be tested. A union represenktive shall be allowed to accompany the employee to the te$ and observe the collection of specimen. If the City or the labor-atory requires an observer when the urine specimen is given, the observer shall be the same sex as the employee being tested. All specimen containers and vials shall be sealed with evidence tape and labeled in the presence of the employee and union representative, if available. D. At the time the urine specimen or blood samples are collected, three samples shall be taken. Two samples shall be tested. ln the event of conflicting results between the first two (2) tests, the City may require additional tests on these samples as it deems appropriate. In the event that an employee "tests positive" on both samples, the employee will be given an opportunity to test the third sample at a laborarory selected by the Union so long as chain of custody procedures are followed. The cost of testing the third sample shall be bome by the union or employee. The failure of the union or the employee to have the third test performed or to present the results to the City shall not be used €aimt the employee as a basis for discipline, and shall not be introduced or referred to in any arbitration or appeal proceeding. J D s,4'y( In the event the City's tests prove positive, the employee shall then have 72 hours to present to the City any different results from the test of the third sample. After considering theiesults of the third test presented by the employee, if presented the city may discipline the employee subject to the just cause requirements of this agreement. Results of urine and blood tests performed hereunder will be considered medical records andheld confidential to the extent permitted by law. Tests shall !s psrfermed for the presence of alcohol, non-prescribed controlled substances, chemical adulteration and/or narcotic drugs. The following standards shall be used to deterrnine what level of detected substances shall be considered as positive: DRUG SCREENINGTEST CONFIRMATION AMPHETAMINE 3OONGA{L AMP}IETAMINE 3OO NGA4L GC-MS MARIruANA IOONGA{L DELTA-THC 1OO NGA4L GC-MS COCAINE 3OO NGA4L METABOLITE 3OO NGA4L GC-MS OPIATES 300 NGA,IL MORPHINE 300 NGA{L GC-MS PCP 25 NGA4L PCP 25 NGA,{L GC-MS METHOQUALONE 300 NGA{L 300 NGA4L GC-MS Levels which are below those set above shall be determined as negative indicators. Tests for other non-prescribed con-trolled substances will be in accordance with federal govemment screening and confirmation standards. The employee shall be presented with a copy of the laboratory report of all specimens which were tested. At the conclusion of the drug testing, in the event a positive test is indicated on two specimens, the City may take disciplinary action. In the event said action is in the form of discipline, the employee may grieve said discipline through the contactual grievance/arbitration procedure. "lttr 54 U)S Any discipline imposed for the first offense during the term of this agreement shall be held in abeyance pe'nding voluntary completion by the employee ofa substance abuse heatment program munully agreed upon between the city and the employee, the cost of which shall be covered by the city's group health insurance progIarn as any other illness. If the employee successfully completes zuch a program and is not again disciplined for substance abuse within one year of the initial incident, the discipline shall be revoked and may not be used as the basis for any disciplinary action in the future. Employees who seek voluntary assistance for alcohol and substance abuse may not be disciplined for seeking such assis tance. Requests from employees for such assistance shall remain confidential and shall not be revealed to otler employees or offrcers without the employee's consent. Employees enrolled in substance abuse programs as out patients, shall be subject to all City rules, regulations and job perfomrance standards, with the understanding that an employee enrolled in such a program is receiving treatment for an illness. 55 ,).s.{- |,[ 44.1 44.2 This Committee ri/ill meet quarterly, or upon request of either party. ARTICLE 44 LABOR MANAGEMENT COMMITTEE The City and the Union agree to establish a labor-management cornmittee effective October l, 1995. This committee will be comprised of four (4) members. Two (2) members representing management will be a Depfibrent Director appointed by the City Manager and the Personnel Director. Two (2) representatives ofthe Union will be chosen by the Union. The Committee will discuss the development and implementation of a pay for performance system during the term of the agreement. LD s.A 44.3 56 l^t FOR THE CITY: MAYOR A FOR THE ASSOCIATION: PRESIDENT SECRETARY APPROVED FOR FORM AND CORRECTNESS: CITYATTORNEY ATTESTED: CITY CLERK - AUDITOR 57 MTNESSED: C WITNESSED: DATED: