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HomeMy WebLinkAboutR-1983-045 l RESOLUTION NO. 45 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE CONTRACT BETWEEN THE CITY OF DANIA AND THE GENERAL EMPLOYEES ASSOCIATION- CITY OF DANIA, DATED JANUARY 19 , 1983 ; AND AUTHORIZING AND DIRECT THE EXECUTION OF SAME ; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HERE- WITH BE REPEALED TO THE EXTENT OF SUCH 1 CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE . BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That that certain contract by and between the City of Dania and the General Employees Association-City of Dania , a true copy of which is attached hereto and made a part hereof as Exhibit "A" , be and the same is hereby approved and the appropriate i city officials are hereby authorized and directed by the City Com- mission to execute said contract. Section 2 . That all resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 3 : This resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED this llth day of January 1983 . i MAYOR-COMMISSIONER i ATTEST: CITY CLERK-AUDITOR APPROVED FOR FORM AND CORRECTNESS : BY G. Ll .� rRANK C. ADLER, City Attorney I ` E X H I B I T "A" i 1 i i i i I ` I i AGREEMENT "-• Between THE CITY OF DANIA And GENERAL EMPLOYEES ASSOCIATION i I i Agreement Dates: 1/1/83 to 12/31/83 PERC Certificate #590 r x+ TABLE OF CONTENTS ARTICLE #1 TITLE PAGE # 1 DEFINITIONS 1 ii 2 RECOGNITION 2 3 MANAGEMENT RIGHTS 2 4 UNION RIGHTS 3 5 DISCRIMINATION CLAUSE 3 6 NO STRIKE 4 7 DUES CHECK OFF 4 8 UNION BUSINESS 4 9 UNION STEWARDS 4 10 TRAINING AND ORIENTATION 5 11 MEDICAL EXAMS 5 12 WORK DAY 5 13 WORK RULES 5 i i 14 BREAKS 5 i 15 DISCIPLINE/DISCHARGE 5 16 GRIEVANCE PROCEDURE 6 17 PAY AND CLASSIFICATION 7 18 VACANCIES AND TRANSFERS 7 19 PROMOTIONAL PAY 7 w•s� i 20 OVERTIME 8 21 UNIFORMS $ 22 SAFETY 8 23 ON THE JOB INJURIES 9 24 GROUP INSURANCE 9 25 SICK LEAVE 10 26 LEAVE OF ABSENCE 10 27 JURY DUTY 11 28 BEREAVEMENT LEAVE 11 29 PERSONAL DAY 11 30 HOLIDAYS i2 31 VACATIONS 12 32 USE OF PERSONAL VEHICLE 12 33 EDUCATIONAL INCENTIVE 12 34 PENSION 13 35 LONGEVITY PAY PLAN 13 36 SAVINGS CLAUSE 13 37 WAGE INCREASE 13 38 TERMS OF AGREEMENT 14 i GENERAL EMPLOYEES ASSOCIATION CITY OF DANIA CONTRACT AGREEMENT 1982 Preamble 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 which will serve the best interest of all concerned; and WHEREAS, the City is engaged in furnishing essential public services vital to the health, safety, protection, and comfort of the citizens of Dania, Florida; and WHEREAS, both the City and its employees have a high degree of responsibility to the public in so serving the public without interruption of these services ; and WHEREAS, since both parties recognize this mutual responsibility, they have entered into this Agreement as an instrument and means to permit them to fulfill said responsibility; NOW THEREFORE, 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: ARTICLE 1 DEFINITIONS 1. ASSOCIATION shall hereinafter mean the GENERAL EMPLOYEES ASSOCIATION - CITY OF DANIA as evidenced by Order #82E-322, Public Employees Relations Commission, September 30, 1982. 2. CITY shall hereinafter mean the City of Dania. 3. AGENCY HEAD shall mean the City Manager of the City of Dania. 4. TERM OF AGREEMENT shall mean the duration of the contract as defined by beginning and ending dates. 5. STRIKE shall mean the concerted failure to report for duty; the concerted absence from one's position; the concerted stoppage of work; the concerted submission of resignations; the concerted use of sick leave; boycotting or disruptively demon- strating by any employee or employee group; or the concerted abstinence in whole or in part from the full , faithful and proper performance of the duties of employ- ment with the City for the purpose of inducing, influencing, condoning, or coercing I a change in the terms and conditions of employment or the rights, privileges , or ---!!! 1 obligations of public employment. This section shall not preclude lawful and �- peaceful picketing. 6. SENIORITY shall mean total amount of continuous service to the City. 7. CALL BACK is when an employee is called to return to work from home not on his/ her regularly assigned shift. 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, hereby recognizes the General Employees Association - City of Dania, 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 working within the unit certified pursuant to the aforementioned case number. ARTICLE 3 MANAGEMENT RIGHTS* Unless otherwise provided in this agreement, the public employer shall have the right to determine the purpose of each of its constituent departments; determine standards of service to the public, and exercise control over its organization and operation. The public employer further reserves the right to direct its employees, take disciplinary action for proper cause and relieve its 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 filing grievances should the exercising of said rights have the practical effect of violating the terms and conditions of employment. The City specifically and clearly reserves the exclusive right to manage, direct, and program the operations of CITY GOVERNMENT. The City does reserve the exclusive right to hire, fire, discipline, transfer, layoff, and promote its employees. The City shall determine unilaterally the number of work hours, shifts, pay rate and job assignments of its employees. The City further reserves the right to subcontract, expand, consolidate, merge any part thereof or to alter, combine, reduce, expand, assign or cease any job, division or department. * As outlined under Florida Statutes 447.209, Labor Organizations J 2 1 { ARTICLE 4 UNION RIGHTS Section 1: . j The City agrees that Association officials on employer's premises , and with no-loss of pay, shall be allowed to: (a) transmit written communications to the employer authorized by Association officials ; (b) consult with the employer on matters mutually agreed to at reasonable times. It is agreed that the above provisions will be handled in a timely and expedi- tious manner and will not be abused nor hamper the efficient operation of any depart- ment or employee within City Government. Section 2: City further agrees that Association members on employer's premises in non- working areas during their non-working hours, shall be allowed to: (a) distribute Association literature during employee's official non-working time; (b) solicit Association membership during employee's official non-working time; (c) post Association notices on appropriate bulletin boards, ARTICLE 5 DISCRIMINATION CLAUSE The City and the Association agree that the basic intent of the Agreement is to pro- vide a harmonious working relationship between the City and the Association, The City and the Association agree that all provisions of this Agreement shall be applied to all employees covered by it and that the City and the Association affirm their joint opposition to any discriminatory practices in connection with employment, pro- motion or training, remembering that the public law and public interest requires no discrimination on account of race, color, creed, national origin or sex. Employees have the right to join the Association, to engage in lawful concerted activities for the purpose of collective bargaining, to express and communicate 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 restraint, coercion, intimidation or reprisal against any employee because of that employee's membership or lack of membership in the Association or by virtue of an employee-member holding office in the Association. This provision shall be applied to all general employees by the City and the Association. 3 ARTICLE 6 NO STRIKE No employee or employee organization may participate in a strike against the City of Dania by instigation or supporting, in any manner, a strike. "Strike" shall be defined in Article 1 -- Definitions. This section shall not preclude lawful and peaceful picketing, provided said picketing does not interfer with the normal, smooth, i Iefficient operations of any department or division within City Government. ARTICLE 7 DUES CHECK-OFF 1 The City shall deduct dues from the wages of its employees upon written authorization of the employees of the Association. The amounts deducted pursuant to such authori- zation shall be transmitted once each month to the treasurer of the Association. The City shall provide, upon request of the Association, a list of names of employees from whom the deductions are made. Authorization for such deductions shall be revocable by thirty (30) day's written notice to the City and to the Association by the employee involved. The Association agrees to indemnify and hold the City harm- less against any; and all claims, suits, orders or judgements, brought or issued against the City as a result of any action taken or not taken by the City under the provision of this section. ARTICLE 8 UNION BUSINESS The Association President and/or a representative of same be afforded time off from work with pay to attend any and all meetings held during working hours by the City Commission or meetings with City Administrators that relate to joint City and iAssociation business. Sufficient notice of such meetings shall be given to the appropriate supervisor and supervisor approval shall not be unreasonably withheld. ARTICLE 9 UNION STEWARDS The Association President and/or representatives of same serving on Association Grievance Committee may discuss grievances during working hours, provided they first receive permission of department head and provided also the requests are reasonable in number. 4 ARTICLE 10 TRAINING & ORIENTATION PROGRAM The City will , upon hiring an employee, provide an orientation and training period along with job description of duties to all new employees. ARTICLE 11 MEDICAL EXAMINATIONS 1 At City expense, upon hire of an employee, said employee may be required 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 perfor- mance is impaired or his condition could cause danger to himself or other employees. A medical examination shall not be the exclusive reason for termination of employ- ment but shall be taken into consideration with other factors. ARTICLE 12 WORK DAY Employer agrees to consult with the Association Business Agent, President or Vice President prior to making any changes in the daily work schedule. Reasonable notice shall be given wherever possible. ARTICLE 13 WORK RULES The City will provide the Association with a copy of any written work rules affecting employees covered by this Agreement that are instituted or modified during the term of this Agreement. ARTICLE 14 BREAKS The current practice of breaks for Public Works employees shall continue throughout this present contract year. ARTICLE 15 DISCIPLINE & DISCHARGE All employees with permanent or non-permanent status with the City may be disciplined for just cause. An accused employee must be served notice five calendar days prior to any hearing or investigation. Said employee shall have the right to have a union representative present at any hearing or investigation as an observer. "Just Cause" may be defined to mean definite proof of alleged misconduct of an employee in regards to job duties, work hours, ethical practices or violation of Civil Service prohibitions, Rule 11, Section 7, which could cause harm to the 5 i efficient operation of the City. Discipline and discharge shall be in accordance with Rule 12, Section 3 and 4 of Civil Service. ** ARTICLE 16 GRIEVANCE PROCEDURES I. Any claim by an employee, group or class of employees of the Association at the request of a group of employees that has been a violation, misinterpretation or mis- application 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. Nothing in this Article shall be construed to prevent any employee from presenting at any time, his/her own grievance in person or by legal counsel to the City, and having such grievance adjusted without the intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, and if the Association has been given reasonable opportunity to be present @t any meeting called for the resolution of said grievance provided the grievance W advanced for resolution in a timely manner within ten calendar days. II. In the event that an employee believes there is a basis for a grievance he/she I shall first discuss within ten calendar days the alleged grievance with the immediate supervisor either personally or if he/she prefers accompanied by an Association representative. III. If the grievance is not settled at the first or second step and the employee wishes to appeal the grievance to Step 3 of the grievance procedure; it shall be referred in writing to the department head within 3 working days . The department head shall within five calendar days following -receipt of the written grievance, _ conduct a meeting between him/herself, the Association representative and the grieved employee at a time mutually agreeable to all parties. The department head shall notify the Association and grieved employee, in writing, of his/her deter- mination not later than 5 calendar days following the meeting date. IV. If the grievance is not settled at the third step to the satisfaction of the grieved employee, the Association representative together with the employee shall forward, in writing, the stated grievance to the office of the City Manager. The City Manager or his designee shall meet with the employee and the Association representative within ten calendar days after receipt of the grievance, unless such time is mutually extended in writing. The City Manager shall furnish a copy of his decision in writing to the employee and the the Association representative within five calendar days after this meeting. ** any member employee terminated for just cause shall be entitled to a lump sum distribution of all earned benefits . 6 V. If the grievance is not settled in the above Step 4, the grievance shall be submitted within 30 calendar days to binding arbitration under the rules of Section 447.401 of the Florida Statutes and Administrative Code Rule 38D-19.01. VI. Any grieved employee shall have the option of using either the Grievance Procedure outlined above or that designated by Civil Service, but not both. ARTICLE 17 PAY AND CLASSIFICATION PLAN The City shall establish and maintain, on a current basis, a Pay and Classification Plan for all employees whose positions are covered by Civil Service. The Personnel Director shall have the responsibility for proper and continuous maintenance of the Plan. Changes in the duties and responsibilities of any position shall be reported to the Personnel Director by the Department Head. If the changes are determined to be permanent and therefore require a reclassification to a different pay and grade lgvel , the employee(s) affected will be given ten working days to be heard. Final approval will then be given by the office of the City Manager and Civil Service Board. All examinations and appointments for positions in City Government shall be covered ,d by Civil Service Rules. ARTICLE 18 VACANCIES & TRANSFERS In filling vacancies , qualified employees who are being considered, shall be assigned by seniority before assignments are made by a new employee. Selections are to be considered by the seniority lists which shall be established by the City and in accordance with Civil Service. Qualifications shall be determined by the City Administration. ARTICLE 19 ELIGIBILITY FOR PROMOTIONAL PAY Employees, if upon official designation by the appropriate supervisor are requested to fill a temporary vacancy in a higher classification, shall be compensated an additional rate of 5% assignment pay for the period in said classification of not less than 40 hours. J 7 ARTICLE 20 OVERTIME Section I. All 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 earned. Overtime pay shall not begin until fifteen (15) minutes after the time a normal shift ends provided the employee has accrued 40 hours of work time within the work week. If the time exceeds thirty (30) minutes, the employee will be paid for a minimum of one full hour. *Computation of overtime shall include the time for holiday, personal day, vacation and sick leave. Section II. The employees may have the alternative of accruing compensatory time at one and one-half hours in lieu of pay. This shall include hurricanes and all other emergencies. If federal or state law is established to cover such practices, the parties shall abide by such law. Section III . When it is necessary for the City to require member employees to return to work, (defined as call back) not on their assigned shift, the City agrees to compensate the employee a minimum of three (3) hours pay at the established rate R of one and one-half his/her normal salary provided the employee has worked 40 hours in the work week in which call back has occurred. ARTICLE 21 UNIFORMS Employees, who, due to the requirement of their gobs, wear uniforms , will be issued _oF five (5) sets per week at no cost. Employees are forbidden to wear City uniforms during activities other than those directly related to their Job. Employees who start their work day dressed in an unclean uniform will be sent home for the day without pay. This article pertains only to Public Works and Water Departments. ARTICLE 22 SAFETY The City and the Association recognize the importance of an adequate safety program. The City agrees to provide and maintain an ongoing safety program. The Association will encourage its members to comply with the City's safety program. The City shall provide all necessary safety equipment provided by the safety program as well as State occupational health law. Required safety equipment not provided by the City may be purchased by the employee. Upon approval of the City, the employee shall be reimbursed by the City. J 8 i It is further agreed that a safety committee be formed which shall be comprised of the City's Personnel Director, an employee representative appointed by the Associa- tion and the City's Chief Administrator or his designated representative. The committee shall meet at reasonable times on working days during working hours, with the employee representative serving without loss of compensation. ARTICLE 23 ON-THE-JOB INJURIES All members are required to report any and all accidents resulting in injuries even of a minor nature to their immediate supervisor. Failure to do so may result in jeopardizing their Workers Compensation Coverage. The City shall maintain the pre- vailing 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 be carried at full pay and will not be 4harged against any existing type of leave. The injured employee shall receive sufficient salary form the City, that when added to his or her Workers Compensation, the employee will receive the equivalent of full pay. The employee injured while on the job will be subject to a periodic monthly review and evaluation conducted by the designated Safety Committee. It shall be the purpose of monthly review to determine the exact extent of injuries, the medical diagnosis, as well as prognosis, and the proper time allotted for Maximum Medical Improvement (MMI) . Disability requiring an employee to be off the job for a period beyond six (6) months shall be subject to provisions of the Retirement Plan. ARTICLE 24 _ GROUP INSURANCE The City shall make every effort to offer its employees a Group Insurance Package consisting of health, dental , life, accidental death and dismemberment, and weekly disability income. The premiums charged to the employees for dependent coverage shall be consistent with any premium the City is obliged to receive from its insurance or self-insurance carrier. The City retains the right to modify its existing Group Insurance Policy at any time during the life of the contract. Modification shall be interpreted to mean any changes in benefit provisions. J 9 L ARTICLE 25 SICK LEAVE The City agrees to maintain the current sick leave accrual policy, yet will slightly modify its use. Employees may take as many earned sick leave days as personally necessary for themselves or for members of their immediate family up to a maximum of five (5) consecutive days upon written request of the Depart- ment Supervisor and approval by Personnel . If additional time is further required, employee must follow the same above procedures. Any employee not using sick leave for an entire calendar year shall be given an additional personal day to be used in the following year. ARTICLE 26 LEAVE OF ABSENCE Section I. Any employee member who is on duly authorized leave of not more than 30 days shall continue to maintain 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 during leave shall pay benefits him/ herself. Payments of the premiums must be paid to the City seven (7) days prior R tp the premium due date. Section II. Leave of absence without pay for a period not to exceed 30 days may be granted for any reasonable purpose by the City Manager or his designee. Such leaves may be renewed or extended for any reasonable purpose so long as it does not hamper the efficient operation of the City and/or department. The City YY Manager will have final approval of leave of absences, x.ar Section III . An employee may, upon request be granted an unpaid leave of absence by the City Manager 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 year at the request of the employee to a maximum of two years provided his/her absence does not present any undue hardship on the department or the City administration; this shall be determined by the Department Head and the City Manager. 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 funds have been appropriately budgeted. - J 10 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 two weeks at full pay, but must turn over to the City the amount of compensation earned during training. Section VI. Maternity 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 of a female employee who provides sufficient evidence, from a licensed medical doctor, that such leave is medically necessary. ARTICLE 27 JURY DUTY An employee who is summoned shall be granted leave for legal commitments and shall receive their regular salary while serving as jurors or witnesses under subpoena. Ip order to receive the payment referred to, an employee shall give his department head prior written notice that he/she has been summoned to jury duty. Any money received by the employee for this service shall be turned over to the City in order to receive his/her regular salary. y_1 ARTICLE 28 BEREAVEMENT LEAVE The Bereavement Leave Policy for employees will change to include: 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. Leave without pay may be granted for bereavement purposes for other than immediate family only with written approval of the Department Head or City Manager but will be subject to the following restrictions: in-State - one day, out-of-State - two days. ARTICLE 29 PERSONAL DAY Employees covered by this contract shall be entitled to one personal day per calendar year in addition to posted holidays. Department approval will be required for date of use. Any personal day not used within the calendar year will be lost. This pro- vision shall also apply to the sick leave earned personal day. J 11 ARTICLE 30 HOLIDAYS The following holidays will be observed: New Years Day Holiday Presidents Day Memorial Day Independence Day Labor Day Thanksgiving Day Friday after Thanksgiving Christmas Eve Day Christmas Day ARTICLE 31 VACATIONS All employees covered by this Agreement shall be entitled to vacation leave in accordance with the following schedule: More than 1 year, but less than 5 years - 2 weeks More than 5 years, but less than 15 years - 3 weeks w 15 years or over - 4 weeks There shall be a two year limit to the amount of vacation days accumulated or length 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 n..A days. ARTICLE 32 w COMPENSATION FOR USE OF PERSONAL VEHICLE The City agrees to reimburse employees for travel expenses should the City request personal vehicle use, at the City's prevailing rate. In addition, employees cannot be compelled to use their personal vehicle. ARTICLE 33 EDUCATIONAL INCENTIVE City will repay all costs of job related courses taken within the fiscal year provided a passing grade is maintained. Courses must have approval of department head, Personnel Director, and City Manager prior to application. Employee will receive a one time $25.00 incentive regardless of the number of courses completed, provided a passing grade is maintained in all courses taken. 12 ARTICLE 34 PENSION The City shall continue with its present practice of pension plan. ARTICLE 35 LONGEVITY Employees eligible to receive longevity pay will be offered the following scale: Percentage of Base Salary 6 years of service 1.5% 7 years of service 3.0% 8 years of service 4.5% 9 years of service 6.0% 10 years of service 7.5% 11 years of service 9.0% 12 years of service 10.5% • 13 years of service 12.0% 14 years of service 13.5% 15 years of service 15.0% The longevity program shall have a $2,500 cap on the maximum amount an employee may receive. * Addendum dated 12-22-82: The union will agree to a $2,500 longevity cap ceiling for the contract year 1983, provided, however, that those employee group(s) scheduled to receive the same longevity cap (for 1983) is/are not changed. ARTICLE 36 SAVINGS CLAUSE i If any article or sections of this agreement shall be found invalid, unlawful , or not enforceable by reason of any existing or subsequently enacted State, Federal or Municipal Legislation, all other articles shall remain in full force and effect for the duration of this Agreement. In the case of invalidation; both the City and the Association shall meet at reasonable times for the purpose of agreeing to replace and/or rectify the article(s) in question. I J i { 13 ARTICLE 37 WAGE INCREASE Employer agrees to increase the current wage rate of all employees covered by this contract in the amount of three percent (3%) effective January 1, 1983. Employer further agrees to an additional increase of two percent (2%) effective July 1, 1983. Such increases shall be subject to pension contributions by the employer and employee. ARTICLE 38 TERM OF AGREEMENT After a majority vote of those Association members voting on the question of ratifica- tion and thereafter upon its ratification by an official resolution of the City Commis- sion ratifying the Agreement and authorizing the City's Chief Negotiator to sign the Agreement on behalf of the City, then the agreement upon being signed by the appro- priate Association representatives and the Chief Negotiator of the City, shall become effective January 1, 1983, unless otherwise stipulated. The Agreement shall continue in-force until December 31, 1983. la FO HE ITNESSED MAYOR ANAGER J FOR THE ASSOCIATI .: WITNESSED ,,ax APPROVED FOR FORM AND CORRECTNESS BY Frank C. Adler, City Attorney ATTEST: / DATE: CITY CLERK-AUDITOR 14