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HomeMy WebLinkAboutR-1990-097 RESOLUTION NO. 97-90 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 , 1990 THROUGH SEPTEMBER 30, 1991 ; 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 between the American Federation of State, County and Municipal Employees (AFSCME) Local 3535 and the City of Dania covering the period from October 1 , 1990 through September 30, 199.1 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 this 9th day of October 1990. /AYOR � COMMI NER ---`— ATTEST: i 'CITY CLERK - AUDITOR APPROVED AS TO FORM AND CORRECTNESS : FRANK C. ADLER, City-AtForney i Resolution No. 97-90 J II r 1 1 A G R E E M E N T BETWEEN T H E C I T Y O F D A N I A P AND A THE GENERAL EMPLOYEES ' ASSOCIATION Agreement Dates : 10/01/90 - 09/30/91 PERC CERTIFICATE #590 EXHIBIT "A" GENERAL EMPLOYEES ASSOCIATION COLLECTIVE BARGAINING AGREEMENT OCTOBER 1, 1990 TO SEPTEMBER 30, 1991 TABLE OF CONTENTS PREAMBLE: 1 ARTICLE 1 : 2 DEFINITIONS 2 ARTICLE 2: RECOGNITION 3 ARTICLE 3 : 4 MANAGEMENT RIGHTS 4 ARTICLE 4 : 5 UNION RIGHTS 5 ARTICLE 5: 6 DISCRIMINATION CLAUSE 6 ARTICLE•. 6: 7 NO STRIDE . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 7: 8 DUES CHECK-OFF ARTICLE 8: UNION BUSINESS ARTICLE 9: UNION STEWARDS . . . . . . . . . . . 10 ARTICLE 10: TRAINING & ORIENTATION PROGRAM ARTICLE 11 : MEDICAL EXAMINATIONS ARTICLE 12: WORK DAY ARTICLE 13: WORK RULES ARTICLE 14 : BREAKS . . . . . . . . . . . 15 ARTICLE. 15: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 DISCIPLINE & DISCHARGE ARTICLE 16: . . . . . . . . . . . . . . GRIEVANCE PROCEDURES . . . . . . . . . . . 17 ARTICLE 17: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 PAY & CLASSIFICATION . . . . . . . . . . . . . . . . . . . . . . 22 ARTICLE 18 : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 VACANCIES & TRANSFERS . . . . . . . . . . . . . . . . . . . . . . 23 ARTICLE 19 : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 WORKING OUT OF CLASSIFICATION . . . . . . . . . . . 24 ARTICLE 20: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 OVERTIME . . . . . . . . . . . . . . . . . . . . . . 25 ARTICLE 21 : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 UNIFORMS . . . . . . . . . . . . . . . . . . . . . . 27 ARTICLE 22: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 SAFETY . . . . . . . . . . . . . . . . . . . . . . 28 ARTICLE 23: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 ON-THE-JOB INJURIES . . . . . . . . . . . . . . . . . . . . . . 29 ARTICLE 24 : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 GROUP INSURANCE . . . . . . . . . . . . . . . . . . . . . . 30 ARTICLE:, 25: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 SICK LEAVE . . . . . . . . . . . . . . . . . . . . . . 31 ARTICLE 26: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 LEAVE OF ABSENCE . . . . . . . . . . . . . . . . . . . . . . 32 ARTICLE 27 : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 JURY DUTY . . . . . . . . . . . . . . . . . . . . . . 34 ARTICLE 28 : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 BEREAVEMENT LEAVE . . . . . . . . . . . . . . . . . . . . . . 35 ARTICLE 29: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 PERSONAL DAY . . . . . . . . . . . . . . . . . . . . . . 36 ARTICLE 30: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 r HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . 37 ARTICLE 31: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 VACATIONS . . . . . . . . . . . . . . . . . . . . . . 38 ARTICLE 32: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 COMPENSATION FOR USE OF PERSONAL VEHICLE . . . . . 39 ARTICLE 33: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 EDUCATIONAL INCENTIVE . . . . . . . . . . . 40 ARTICLE 34 : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 PENSION . . . . . . . . . . . . . . . . . . . . . . 41 ARTICLE 35: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 J LONGEVITY . . . . . . . . . . . . . . . . . . . . . . 42 ARTICLE 36: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 SENIORITY . . . . . . . . . . . . . . . . . . . . . . 43 ARTICLE 37 : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . . 45 ARTICLE 38 : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 WAGE INCREASE . . . . . . . . . . . . . . . . . . . . . . 46 y...1 ARTICLE 39: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 CROSS OVER WORK ACTIVITIES . . . . . . . . . . . . . . . . . 47 ARTICLE 40: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 LAY-OFF AND BUMPING . . . . . . . . . . . . . . . . . . . . . . 48 ARTICLE 41: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 PART-TIME EMPLOYEES . . . . . . . . . . . . . . . . . . . . . . 50 ARTICLE 42: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 TERM OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . 51 ARTICLE 43: . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 SUBSTANCE, ABUSE TREATMENT . . . . . . . . . . . . . . . . . . 52 J J CITY OF DANIA THE DANIA GENERAL EMPLOYEES ASSOCIATION AFSCME, LOCAL 3535, AFL-CIO CONTRACT AGREEMENT 1990 PREAMBLE: WHEREAS, the parties hereto have established a basic under- standing 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 wort: 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 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 responsibil- ity, 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 f.ollows . . . . . �U 1 ARTICLE I DEFINITIONS l • UNION shall hereinafter ASSOCIATION mean the DANIA GENERAL a evidenced by Amended Order EMPLOYEES Employees Relations Commiss ' #89E' ton, 1989. October 9, 291 ' Public 2' CITY shall hereinafter mean the City Of Dania . 3 • AGENCY HEAD shall Dania . mean the City Manager of the City of ti 1/ 4 . TERM OF AGREEMENT shall mean f as defined by beginning9 dat the des . on of the contract PP and endin 5. STRIKE shall mean the concerted failure to duty; the concerted absence from report for stoppage of one 's position; work; the concerted the concerted the concerted use submission of ` of sick leave; resignations; demonstrating by any employee boycotting or P Yee disruptively certed abstinence °Y employee group; in whole or or the con- and proper in Part from the full , Performance of duties of faithful for the Purpose employment of inducing, with the City coercing a change influencing, condoning, or in the terms and conditions of employment the rights, privilec This Jes, or obligations or ecti°n shall not preclude lawful Of Public employment and Peaceful Picketing. � . the ►'NI yITY shall mean total amount of continuous to City. service 7. CALI, BACK is when an employee is from home not on his/her is called to return /he regularly assigned shift . to work �U 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 working within the unit certified pursuant to the aforementioned case number. j _ F 3 I 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 or service to the public, and exercises 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 .a` Government . 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 further reserves the right to subcontract, expand, assign or cease any job, division or department, providing that this article is consistent with other articles of this Agreement and Civil Service Rules , as amended. 4 L� ARTICLE 4 UNION RIGHTS S—El TI01' 1_ The City agrees that Union officials and with no on employer ' s premises , loss of pay, shall be allowed to: (a) transmit 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 be handled in a ° timely and eXpeditious manner and will not be abused nor hamper the efficient operation of any department or employee within City Government. SECTION 2. The City further agrees premises that Union members in that on employer ' s areas during their non-working hours , shall be allowed to: (a) distribute Union literature during employee 's Official non-working time; (b) solicit Union membership during employee 's official non-working time; (c) post Union notices on appropriate bulletin boards . �v 5 ARTICLE 5 DISCRIMINATION CLAUSE The City and the Union agree that the basic intent of the Agreement is to provide a harmonious working relationship between the City and the Union. The City and the Union agree that all provisions of this Agreement shall be applied to all employees covered by it and that the City and the Union affirm their joint opposition to any discriminatory practices in connection with employment, Promotion or training, remembering that the public law and public interest requires no discrimination on account of race, 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 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 Union by virtue of any employee-member holding office in the Union . This provision shall be applied to all general employees by the City and the Union. �U 6 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 as defined in Article 1 - Definitions . This section shall not preclude lawful and peaceful picketing, Provided said picketing does not interfere with the normal , smooth, efficient operations of any department or division within City Government . s..A� V 7 ARTTCLE 7 DUES CHECK OFF The Citv shall deduct dues from the wages of its employees upon written authorization of the employees of the Union . The amounts deducted pursuant to such authorization shall be transmitted once each month to the Treasurer of the Union. The City shall provide , upon request of the Union, a list of names of employees from whom the deductions are made. ' Authorization for such deductions shall be revocable by thirty (30) days written notice to the City and to the Union by the employees involved. The Union agrees to indemnify and hold the City harmless against any and all claims , suits, orders or judgments , 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. �u s I ARTICLE 8 UNION BUSINESS The Union President and/or a representative of same, shall 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 Association business. Sufficient notice of such meetings shall be given to the appropriate supervisor, and supervisor approval shall not be unreasonably withheld. 41 9 ARTICLE 9 UNION STEWARDS The Union President and/or a representative of same, serving on Union Grievance Committee, may discuss grievances during working hours, provided they first receive permission of the appropriate department heads, and provided also the requests are reasonable in number. 6 I10 i ARTICLE 10 TRAINING AND 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 . List of new employees to be provided to the union. w 11 ARTICLE 11 MEDICAL EXAMINATIONS 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 performance 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 employment but shall be taken into considera- tion with other factors . P 12 ARTICLE 12 WORK DAY The City agrees to consult with the Un.ion ' 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 writ- ten notice shall be given except in emergency situations, as declared by City Manager. 13 I ARTICLE 13 WORK RULES The City will provide the Union 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 , before the rules go into effect. yw 14 ARTICLE 14 BREAKS 0 The current practice of breaks for General Employees shall continue throughout this present contract . C 15 I I ARTICLE 15 DISCIPLINE AND DISCHARGE All employees with permanent or non City, may be disciplined -permanent status with the 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 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 , hours , ethical practice or work 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 earned benefits . A.�A^ Whenever a determination is made by a supervisor or department head that an employee is to disciplinary suffer loss of pay for reasons , or have use of accrued denied, he/she shal sick leave l be given the opportunity within a reasonable period of time, to appeal said action to the City Manager or his /her designee prior to the actual loss of pay p d 6,J 16 ARTICLE 16 GREIVANCE PROCEDURES SECTION 1 . STEPS : Any claim by an employee, group or class of employee-members of the Union that there has been a violation, misinterpreta- tion 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 be presented at Step 3 in writing, within ten (10) working days of the occurrance of the events which 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 official higher than Step 1 Management Representative, the grievance shall be initiated at Step 2 or 3 as appropriate. The grievance shall be submnitted in writing within five (5) working days if the occurrance or knowledge of the occurrance giving rise to the grievance. C. Grievances shall be processed in accordance with the following procedures : Step 1 : The grievant shall present orally his grievance to his immediate supervisor within ten (10) working days of the occurrence or knowledge of the occurrence of the 17 action giving rise to the grievance. An automatic five (5) day extension will be granted , if requested, within the ten (10) day period. A union steward or union representative may be present . Discussions will be informal for the purpose of settling differences in the simplest and most direct manner. The immediate super- visor shall reach a decision and communicate orally to the grievant, within five ( 5) working days from the date the grievance was presented to him. Step 2. If the grievance is not settled at the first step, the grievant within five ( 5) working days of the answer in the first step, shall present it to the depart- ment head or his designee in writing, signed by the employee. The department head or his designee shall investigate the alleged grievance and shall within five (5) working days of receipt of the written grievance, conduct a meeting between himself , his representative if needed, and the grievant. The grievant may be accom- panied at this meeting by a union representative. The department head or his designee shall notify the 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 Personnel Director. The Personnel Director shall investiage the alleged grievance and shall within five (5) working days following receipt of the written grievance, conduct a meeting between himself, and/or his representatives if needed, and the aggrieved employee. The grievant may be accompanied at this meeting by a union representative. The Personnel Director shall notify the aggrieved employee in writing of his decision not later than five (5) working days following the meeting date. 18 Step 4 . 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 City Manager or his designee . The City Manager or his 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 City Manager shall notify the aggrieved employee in writing of his decision not later than five (5) working days 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. SECTION 2. ARBITRATION PROCEDURE: A. When either of the parties desire that an unresolved grievance be submitted to arbitration, the matter shall be referred to the Federal Mediation Conciliation Service with notification to the other party. B. The arbitration proceeding shall be conducted by the arbitrator to be selected by the employer and the union within seven (7) days after notice has been given. A list of seven (7) impartial arbitrators from which the arbitrator who will make the determination of the grievance shall be selected by the parties. Both the employer and the union shall have the 1 19 All right to strike three (3) names from the panel . The union shall strike the first name; the City shall then strike one (1) name . The process will be repeated and the remaining person shall be the arbitrator. C . The arbitrator shall be requested to render a decision within thirty (30) days of the arbitration hearing or within thirty (30) days of the receipt of any written position of both parties . D. The expenses and fees of any arbitrator shall be borne equally by both parties . E. The decision of the arbitrator shall be final and binding on both parties . F. No arbitrator functioning under this step shall have the power to amend, modify or delete any provision of this agreement. -�.. G. The arbitrator shall be limited to the part of the contract dealing only with the grievance before him. SECTION 3. GENERAL PROVISIONS: A. Local 3535 American Federation of State, County and Municipal Employees, AFL-CIO, exercises rights granted under State Statute 447 . 401 and will not represent non-members of the union 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 . I 20 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 . D. When a grievance is reduced to writing there shall be set forth therein: 1. A complete statement of the grievance and the facts upon which is is based. 2 . The section or sections of this agreement that are alleged to have been violated; and 3. The remedy or correction requested . E. A grievance not advanced to the higher step within the 4 time limit provided shall be deemed permanently withdrawn as having been settled on the basis of the decision most recently given. Failure on the part of the City to answer withing the time limit set forth in any step will entitle the employee to proceed to the next step. �W 21 I 3 ARTICLE 17 PAY AND CLASSIFICATION 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 level, the employee (s) affected will be given twenty (20) working days to be heard. Final approval will then be given by the office of J the City Manager and Civil Service Board . b All examinations and appointments for positions in City government shall be covered by Civil Service Rules, as amended. 22 L_ ARTICLE 18 VACANCIES & TRANSFERS Vacancies and transfers shall be filled in accordance with Civil Service Rules, as amended. 4 P V 1 23 ARTICLE 19 WORKING 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 100- assignment pay for the period in said classification to begin on the first 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% increase unless there is only a one step difference between the respective classification, in which case the 596 increase shall apply. However, the City Manager may approve a larger increase involving special 'r- circumstances. �w 24 ARTICLE 20 OVERTIME SECTION 1 : 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 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 and sick leave. P SECTION 2 : The parties shall abide by Federal or State law applicable to cr..� municipalities established to cover overtime and compensatory time. SECTION 3: 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 of one-and-one-half his/her normal salary provided the employee has worked forty (40) hours in the work week in which call back has occured . 4S 25 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) hours 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) r per day. F1 SECTION 6: The City will make every effort to distribute scheduled overtime in an equitable manner, provided individuals are qualified for such overtime assignments. 26 J ARTICLE 21 UNIFORMS The City agrees to supply uniforms to employees required to wear them. Employees are forbidden to wear City uniforms during activities other than those directly related to their jobs . Employees who start their work day dressed in an unclean uniform will be sent home for the day without pay. F LJ 27 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 program. The Union will encourage its members to comply with the City ' s safety program. The City shall provide all necessary safety equipment required by the safety program as well as the State occupational health law. A committee representing each department shall formulate goals for accident reduction. This committee shall be comprised of : Personnel Director, one (1) Department Management representa- tive, the Union President or his/her designee, and one (1) Bargaining Unit employee for the department (s) represented. Goals shall take into account past accident record, size of the work group, and comparative risk work assignments . The 111 committee shall meet at reasonable times on working days during working hours, with the employee representative serving without loss of compensation. If a department is successful in meeting its accident reduc- tion 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. 28 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 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 be carried at full pay and will not be charged against any existing type of leave. The injured employee shall receive sufficient salary from the City, that when added to his/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 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 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. 29 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 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 . The City shall meet and discuss with the Union, prior to, any changes in the group insurance plan affecting its members. The Citywill pick up the full cost of both individual and dependent insurance. Li 30 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 Department Supervisor and approval by Personnel . If additional time is further 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 in the following year. I I31 L� i ARTICLE 26 LEAVE OF ABSENCE SECTION I : Any employee member who is on duly authorized leave of not more than thirty (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 to the premium due ' date. SECTION II : Leave of absence without pay for a period not to exceed thirty (30) days may be granted for any reasonable purpose by the City Manager or his designee. Such leave 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 Manager will have final approval of leave of absences . 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. I 32 This period may be renewed for an additional year at the request of the employee to a maximum of provided his/her absence does not present any undue hardship two years pro on the department . 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. f SECTION V: Any employee who is a member of the National Guard or Military Reserve Forces of the United States and who is appropriate ordered by the authorities to attend a prescribed program or to perform other training of absence duties, shall be granted a leave not to exceed seventeen (17) working days at full Pay, but must turn over to the City the amount of compensation earned during this leave of absence. SECTION VI : Medical leave without pay for a period of uP to shall be granted by six (6) months the City Manager or his designee at the request of an employee who provides sufficient evidence, a licensed medical doctor, from necessary, that such leave is medically ` I�4 33 Aj L� 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. In order to receive the payment referred to, an employee shall give his/her Department Head prior written notice that he/she has been summoned. Any money received by the employee for this service shall be turned over to the City in order to receive his/her regular salary. 34 i ARTICLE 28 BEREAVEMENT LEAVE The Bereavement Leave policy for employees shall include: a) Leave with pay in-State, three (3) days; b) Leave with pay out-of-State , five (5) days . Leave will be honored provided that death has occured 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. 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 . 35 ARTICLE 29 PERSONAL DAY Employees covered by this contract shall be entitled to two personal days per calendar year in addition to posted holidays. Department approval will be required for date of use . Any personal days not used within the calendar year will be lost . This provision shall be in addition to the sick leave personal day earned. S 36 I � J n ARTICLE 30 HOLIDAYS The following holidays will be observed: 1990/91 : Thanksgiving Day November 22, 1990 Thursday Day after Thanksgiving November 23 , 1990 Friday 12 Noon to 5: 00 p.m. December 21 , 1990 Friday *Christmas Eve December 24 , 1990 Monday Christmas Day December 25 , 1990 Tuesday I New Year ' s Day January 01 , 1991 Tuesday Martin Luther hing' s Day January 21 , 1991 Monday Presidents ' Day February 18 , 1991 Monday Memorial Day May 27 , 1991 Monday Independence Day July 04 , 1991 Thursday Day after Independence July 05, 1991 Friday Labor Day September 02 , 1991 Monday NOTE: Holidays for 1991/92 will be reduced to 9- 5 holidays , due to July 4 , 1992 being substituted for July 5, 1991 . tj 37 L J 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 12 years - 3 weeks 12 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 (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 hours/16 hours/8 hours or 24 hours/8 hours/8 hours , with the approval of the department head . 38 ARTICLE 32 COMPENSATION FOR USE OF PERSONAL VEHICLE The City agrees to reimburse employees for travel expenses at the City' s prevailing rate, should the City request personal vehicle use . In addition, employees cannot be compelled to use their personal vehicle. P ,;eLi 39 ARTICLE 33 EDUCATIONAL INCENTIVE The 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. Employees 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 . 40 I J ARTICLE 39 PENSION-RETIREE BENEFITS The City and the Union agree to conduct a study regarding extending group insurance benefits to retirees . This study will be a subject of bargaining for a successor contract. 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/leer funds in the plan until he/she is eligible to select a retirement option. Members shall continue to be fully responsible for required pension contributions associated with their longevity payments. 41 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 8 . 096 12 years of service 8 . 5% 13 years of service 9. 0% 14 years of service 9. 5% 15 years of service 10 . 0% For calculation purposes , the cut-off date will be December 1 , of each year. 42 J 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 six (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, r.te employee ' s seniority shall be dated from date of hiring. Departmental seniority is defined as the length of employment l within the employee 's current department. 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. Employees shall lose seniority for the following reasons: A. Resignation. B. Discharge for just cause. C. Exceeding an authorized leave of absence. In this case, the employee will not continue to accrue seniority, but will retain what they previously earned. 43 Departmental seniority will be given first consideration in hours of work, shift assignment , overtime, subject to approval of department head, and vacation , if qualified. _ 4 44 ARTICLE 37 SAVINGS CLAUSE If any article or section 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 Union shall meet at reasonable times for the purpose of agreeing to replace and/or rectify the article (s) in question. P 1 45 1� ARTICLE 38 WAGE INCREASE Effective the first pay period in October 1990 , every employee- member shall receive a four-point-two percent (4 . 20) across the board wage increase . F Jj 46 ARTICLE 39 CROSS-OVER WORK ACTIVITIES SECTION I : The City and Union mutually agree that with the introduction of sophisticated computer software in most departments , the need for cross-training within the "home" department as well as within other departments throughout the City exists . SECTION II : The City and Union agrees that those departments 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" department. Article 19 of this Contract shall prevail where applicable. 47 ARTICLE 40 LAY-OFF AND BUMPi_NG SECTION 1. ELIGIBILITY: Lay-off will be in accordance with: (1 ) Seniority, and (2) Qualifications , in a classification. SECTION 2. PROCEDURE: When a lay-off takes place, it shall be accompanied by laying off temporary employees first, provisional employees second , probationary employees third , and then permanent employees , in accordance with the criteria established above . SECTION 3 . NOTIFICATION: The employer shall forward a list of those employees being _..� laid off to the Local Union when the notices are issued to the employees . SECTION 4 . 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. Employees may, if they so desire, bump an employee in an equal or lower job classification provided the bumping employee has greater seniority than the employee he bumps and has the Y 1UvQ 48 J ability to perform the job. Qualification and ability to do the job shall be determined solely by management. SECTION 5. 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 union shall be notified at the same time . If any employee fails to report for work within fifteen (15) days from the date of mailing of notice recall , he shall be considered to have quit . Recall rights for an employee shall expire after a period equal to his seniority, but in no case more than one (1) year from the date of lay-off . Written notice of expiration of recall rights shall be sent to the employee at his last known address by registered or certified mail . No new employee shall be hired until all employees on lay-off who have agreed to return to work have been recalled in the same 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 j ARTICLE 41 PART-TIME EMPLOYEES Any and all sections of this Agreement between the General Employees and the City, apply mainly to full-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, part-time employees could not be excluded from the unit . It is the position of the City to formally recognize part-time employees as members of the unit , yet our current fringe benefit package designed for regular full-time employees will not be made available to part-time employees . Any and all agreed upon wage adjustments throughout the current contract year will be enjoyed by both full-time and part-time employees . Vacation allowance for permanent part-time employees who continuously work a minimum of forty (40) hours bi-weekly, will be calculated at 1. 54 hours per pay period for 1-5 years ~ of employment, 2.31 hours for 5-12 years, and 3. 08 hours for 12+ years of service. The specific articles the City wishes to be excluded from part-time participation are: Article 924 Group Insurance Article #25 Sick Leave Article #28 Bereavement Leave Article #29 Personal Day Article #33 Education Incentive Article #34 Pension-Retiree Benefits n Article #35 Longevity a� 50 i I i 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 ratifying the Agreement and authorizing the City Manager to sign the Agreement on behalf of the City, then the Agreement upon being signed by the appropriate Union representatives and the City Manager, shall become effective October 1 , 1990 . The Agreement shall continue in force until September 30, 1991 . T V 51 J 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 . The term "reasonable suspicion" for the purposes of this policy shall be defined as foll.ows : I . Aberrant or unusual on-duty behavior of an employee. 2. Behavior which is recognized and accepted symptom (s) of intoxication or impairment caused by controlled substance except those listed in schedule V of F.S . 893 . 03. 3 . 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 Department Head or his designee. The employee will be given an opportunity to offer such explanation to the observing supervisors prior to being orderd 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 Director . 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 source (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 n may result in disciplinary action. \` vALJ 52 J 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 drug 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 U.S. Department of Health and Human Services . C. Urine and/or blood specimen (s) shall be drawn or collected at the laboratory, hospital or medical facility at which the specimen is to be tested. A union representative shall be allowed to accompany the employee to the test 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. In 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" oilboth samples , the employee will be given an opportunity to 53 test the third sample at a laboratory selected by the Union so long as chain of custody procedures are followed. The cost of testing the third sample shall be borne by the union or employee. The failure of the union or the employee to have the third test performed or to prewent the results to the City shall not be used against the employee as a basis for discipline, and shall not be introduced or referred to in any arbitration or appeal proceeding. 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 the results 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 and held confidential to the extent permitted by law. Tests shall be performed for the presence of alcohol, non-prescribed controlled substances, chemical adulteration and/or narcotic drugs . The following standards shall be used to determine what level of detected substances shall be considered as positive: DRUG SCREENING TEST CONFIRMATION AMPHETAMINE 300 NG/ML AMPHETAMINE 300 NG/ML GC-MS MARIJUANA 100 NG/ML DELTA-THC 100 NG/ML GC-MS COCAINE 300 NG/ML METABOLITE 300 NG/ML GC-MS OPIATES 300 NG/ML MORPHINE 300 NG/ML GC-MS PCP 2.5 NG/ML PCP 25 NG/ML GC-MS METHOQUALONE 300 NIG/ML 300 NG/ML GC-MS 54 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 government 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 dis- ciplinary action. In the event said action is in the form of discipline, the employee may grieve said discipline through the contractural grievance/arbitration procedure . I Any discipline imposed for the first offense during the term of this agreement shall be held in abeyance pending voluntary completion by the employee of a substance abuse treatment program mutually agreed upon between the employee, City and the the cost of which shall be covered by the City' s group health insurance program as any other illness . If the employee successfully completes such a program and is not again disciplined for substance abuse by September 30, 1991 , 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 substant 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 other employees or officers without the employee ' s consent . Employees enrolled in substance abuse programs as out patients , shall be subject to all City rules , regulations and job performance standards , with the understanding that an employee enrolled in such a program is receiving treatment for an illness . 55 FOR THE CITY: WITNESSED: M�ff OR CITY MANAGER FOR THE ASSOCCJJIAATION: WITNESSED : PRESIDENT SECRETARY C r F APPROVED FOR FORM AND CORRECTNESS : CITY ATTORNEY ATTESTED : CITY CLERK - AUDITOR DATED: 56