HomeMy WebLinkAboutR-1991-140 rA
RESOLUTION N0.
140-91
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, 1991 THROUGH SEPTEMBER 30, 1992 ;
• 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
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3535 and the City of Dania covering the period from October 1,
1991 through September 30, 1992, 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
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effect immediately upon its passage and adoption.
PASSED and ADOPTED this 26th day of November, 1991, Nunc Pro
Tunc, October 1, 1991.
ATTEST:
l�� � MAYOR-COMMISSIONER
CITY CLERK-AUDITOR
APPROVED FOR FORM AND CORRECTNESS
By: C �G�
Frank C. Adler, CITY ATTORNEY
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A G R E E M E N T
BETWEEN
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"-1T H E C I T Y O F D A N I A Ad
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THE GENERAL EMPLOYEES' ASSOCIATION
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Agreement Dates :
10/01./91 — 09/30/92 PERC CERTIFICATE #590
EXHIBIT "A"
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CITY OF DANIA
THE DANIA GENERAL EMPLOYEES ASSOCIATION
AFSCME, LOCAL 3535, AFL-CIO
CONTRACT AGREEMENT 1991
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 work harmoniously and to promote and maintain
1 i efficient and cordial relations between the City and the
Association Union which will serve the best interest of all
i concerned; and
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P WHEREAS, the City is engaged in furnishing essential public
, f 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 follows . . . . .
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ARTICLE 1
DEFINITIONS
1. ONION shall hereinafter mean the DANIA GENERAL EMPLOYEES
ASSOCIATION as evidenced by Amended Order #89E-291 , Public
Employees Relations Commission, October 9, 1989.
2. CITY shall hereinafter mean the City of Dania .
AGENCY HEAD shall mean the City Manager of the City of
Dania.
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9 . 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
demonstrating by any employee or employee group; or the con-
certed abstinence in whole or in part from the full , faithful
and proper performance of duties of employment with the City
for the purpose of inducing, influencing, condoning, or
coercing a change in the terms and conditions of employment or
the rights, privileges, or 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 .
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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
(t working within the unit certified pursuant to the
-4 '; aforementioned case number.
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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
�y other legitimate reason, provided the exercise of said rights
.q does riot prevent employees or their representatives from
filing grievances should the exercising of said rights have
jthe practical effect of violating the terms and conditions of
employment.
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The City specifically and clearly reserves the exclusive right
to manage, direct and program the operations of City
i' 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.
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ARTICLE 4
UNION RIGHTS
SECTION 1:
The City agrees that Union officials on employer ' s premises ,
and with no 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
i4 hamper the efficient operation of any department or employee
y within City Government.
�. SECTION 2:
The City further agrees that Union members on employer' s
premises in non-working 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 .
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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.
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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.
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ARTICLE 7
DUES CHECK OFF
The City 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.
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Authorization for such deductions shall be revocable by thirty
1' (30) days written notice to the City and to the Union by the
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The Union agrees to indemnify and hold the City harmless
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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.
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ARTICLE B
UNION BUSINESS
The Union President and/or a representative of same , shall be
with pay to attend any and all
afforded
time off from work the City Commission' or
working hours by
meetings held during work to joint City
meetings with City Administrators that relate
and Association business .
s shall be given to the
i of such meeting
1' Sufficient notice approval shall not be
and supervisor
appropriate supervisor ,
junreasonably withheld.
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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.
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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.
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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.
Effective 10/01/91 the City agrees to pay for the cost of
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' JJI annual voluntary physical exams for employees up to a maximum
h,t limit of $150 according to the following schedule:
100% for persons over age 40 on an annual basis .
100% for persons under age 40 on a biannual basis .
80% for persons under age 40 on an annual basis .
No deductibles shall apply to the above benefit.
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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 writ-
ten notice shall be given except in emergency situations , as
declared by City Manager.
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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 .
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ARTICLE 14
BREAKS
The current practice of breaRs
General Employees shall
continue throughout this present
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Department Directors shall establish rules for the
lace and
respective departments which designateemployees .thetime, p
manner in which breaks are taken by
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ARTICLE 15
DISCIPLINE AND 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 (5) work days
prior to any hearing or investigation. Said employee shall
have the right to have a Union Representative present at any
,;�„•, +r� 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
Service
hours , ethical practice or violation of Civil
prohibitions , Rule 11 , Section 7 , which could cause harm to
the efficient operation of the City.
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"Discipline and Discharge" shall be in accordance
terminated for
Service Rules as amended. Any member employee
,just cause., shall be entitled to a lump sum distribution of
all earned benefits .
Whenever a determination is made by a supervisor or department
head that an employee is to suffer loss of pay for
disciplinary reasons , or have use of accrued sick leave
denied, he/she shall 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.
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ARTICLE 16
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, 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
1{ hereinafter provided.
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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 occurrence or knowledge of the occurrence
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
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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 investigate 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.
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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
l.' following the meeting date.
. If a grievance, as defined in this article, has not been
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'!= satisfactorily resolved within the grievance procedure,
j 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
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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 pcaition of
both parties.
D. The expenses and fees of any arbitrator shall be borne
equally by both parties .
l E. The decision of the arbitrator shall be final and binding
on both parties.
7 F. No arbitrator functioning under this step shall have the
power to amend, modify or delete any provision of this
W, 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 .
B. For the purpose of this section, working day shall mean
Monday through Friday, excluding holidays.
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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.
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E. A grievance not advanced to the higher step within the
time limit provided shall be deemed permanently withdrawn as
y having been settled on the basis of the decision most recently
14 given. Failure on the part of the City to answer withing the
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time limit set forth in any step will entitle the employee to
h.� proceed to the next step.
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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.
it All reclassification requests will be evaluated by the
' Personnel Director and approved by the City Manager. If the
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employee affected disagrees with the action taken, then the
employee may request, within twenty (20) calendar days , that
Y the reclassification request be reviewed by a classification
appeals committee. This committee shall 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
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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 funding is available in the
affected Department budget. If funding is not available then
a request for additional funds will be considered by the City
Commission whose decision will be final .
All examinations and appointments for positions in City
government shall be covered by Civil Service Rules , as
amended.
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ARTICLE 18
VACANCIES & TRANSFERS
Vacancies and transfers shall be filled in accordance with
Civil Service Rules, as amended.
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ARTICLE 15
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 10% assignment pay for the period in said classification to
ti�, ip' begin on the first day working in that classification.
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classification, then the rate of pay shall be determined in
'! accordance with the prevailing rules of procedures contained
d 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 55% increase shall apply. However, the City
Manager may approve a larger increase involving special
circumstances .
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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
+r' 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.
SECTION 2:
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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 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 occurred.
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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:
^ , a The City agrees to compensate the employee a minimum of three
(3) hours pay at the established rate of one-and-one-half
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times the rate of pay for community service aides, etc. ,
t called to court, not on their assigned shift. Also the City
will compensate these same persons three dollars ($3.00) per
, �' hour fnr standby pay up to a maximum of six dollars ($6.00)
per day.
SECTION 6:
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The City will make every effort to distribute scheduled
overtime in an equitable manner, provided individuals are
! qualified for such overtime assignments .
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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 in eir
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jobs. Employees who start their work day
dressedunclean uniform will be sent home for the day without pay.
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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:
�t 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
committee shall meet at reasonable times on working days
during working hours, with the employee representative serving
without loss of compensation.
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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.
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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 , after a
waiting period of three (3) working days, be carried at full
pay and will not be charged against any existing type of
N, leave . Absences during the waiting period may be charged
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against any existing sick leave . After the three (3) day
waiting period, the injured employee shall receive sufficient
j salary from the City, that when added to his/her Workers '
Compensation, the employee will receive the equivalent of full
1 pay.
p� 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.
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ARTICLE 29
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 .
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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 .
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The City will pick up the full cost of both individual and
'� dependent insurance.
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` Effective 10/01/91 , Dependents will be eligible for vision
benefits . Benefits will be payable at 80% of usual and
� customary charges for examinations and lenses up to a maximum
of $150 per family per calendar year. Charges will not be
subject to a deductible.
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ARTICLE 25
SICK LEAVE
The City agrees to maintain the current sick leave accrual
policy, yet will slightly modify its use. Employees
may
necessary take
as many earned sick leave days as personally
for
themselves or for members of their immediate family up to a
Al" consecutive days upon written request of
maximum of five (5)
1, the Department Supervisor and approval by Personnel. I
additional time is further required, employee must follow the
same procedures above.
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Any employee not using sick leave for an entire calendar year
shall be given an additional personal day to be used in the
ti following year.
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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
4{..",. employee wishing to continue health benefits during leave
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� shall pay benefits him/herself. Payments of the premiums must
1j be paid to the City seven (7) days prior to the premium due
it !� date.
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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.
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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 . 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
"h activities of a similar nature that are intended to improve or
upgrade individual skill or professional ability by the City
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been appropriately budgeted.
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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
earned 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 of an employee who provides sufficient evidence, from
a licensed medical doctor, that such leave is medically
necessary.
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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.
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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 occure brothein
" ' *a the immediate family, i .e. , mother, father , sister ,
son,
step-mother, step-father , step-sister, step-brother,
daughter, wife, husband, grandmother or grandfather, mother-
in-law or father-in-law.
t ay may be granted for bereavement purposes for
Leave without p family only with written approval of the
other than immediate
Department Head or City Manager .
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ARTICLE 29
PERSONAL DAY
Employees covered by this contract shall be entitled to two
persona]. 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.
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Personal days may be used after an employee has completed six
(6) months of service, however, only. two (2) personal days may
tj be used in any calendar year.
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ARTICLE 30
HOLIDAYS
The following holidays will be observed:
1991/92:
Thanksgiving Day November 28 , 1991 Thursday
Day after Thanksgiving November 29, 1991 Friday
12 Noon to 5:00 p.m. December 23, 1991 Monday
Christmas Eve December 24, 1991 Tuesday
-5I Christmas Day December 25, 1991 Wednesday
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a New Year' s Day January 01, 1992 Wednesday
Martin Luther King' s Day January 20, 1992 Monday
Presidents ' Day February 17, 1992 Monday
Memorial Day May 25, 1992 Monday
Labor Day September 07 , 1992 Monday
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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
- 4 weeks
12 years or over
> There shall be a two year limit to the amount of vacation days
of vacation days .
accumulated or length of holding
discretion with
Vacation shall be taken at the employee ' s
' supervisory permission, but in increments of not less than
only
five (5) days . However , employees may split one (1)
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/$ hours ,
with the approval of the department head.
Employees who earn more than 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 pursuant to the adopted City
budget.
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ARTICLE 32
COMPENSATION FOR USE OF PERSONAL VEHICLE
The City agrees to reimburse employees for -avel 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.
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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.
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ARTICLE 34
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.
1' This five percent (5%) shall be paid directly (plus accrued
j interest) to members upon termination of employment unless
'i said termination is due to retirement or the member has vested
t 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.
Members shall continue to be fully responsible for required
pension contributions associated with their longevity
payments.
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ARTICLE 35
LONGEVITY
Employees eligible to receive longevity pay will be offered
the following scale:
Percentage of Base Salary
6 years of service 1 . 596
7 years of service 3 . 0%
8 years of service 4 . 5%
9 years of service 6 .0%
10 years of service 7 . 5%
j 11 years of service 8 . 0%
'kJ12 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.
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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
h period, the employee shall have no seniority rights . Upon the "
completion of the probationary period, the employee 's
seniority shall be dated from date o.f hiring.
Departmental seniority is defined as the length of employment
<r' 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.
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Departmental seniority will be given first consideration in
hours of work, shift assignment, overtime, subject to approval
of department head, and vacation, if qualified.
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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.
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ARTICLE 38
WAGES
Effective the pay period to December 1 , 1991, every employee
member shall receive a one-time three percent (3%) cost of
living bonus.
Bonuses will be paid as a lump sum and will not affect base
pay, pension, or any other salary based benefit except as
required by state or federal law.
Payment for all full-time employees will be based on the
�i annualized rate of base pay in effect 12/1/91 .
Payment for part-time employees who have worked for the city
three or more months will be based on the average number of
regular hours worked per week the preceeding six pay periods .
A lump sum payment of $150.00 will be made to all employees
who have worked for the city for less than three (3) months .
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The city commission will further review wages for employee
members at the end of the 1991-92 fiscal year.
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ARTICLE 39
CROSS-OVER WORK ACTIVITIES
SECTION I :
The City and Union mutually agree that with the introduction
of sophisticated computer softwe.re in most departments , the
need for cross-training within the "home" department as well
as within other departments throughout the City exists .
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SECTION II:
The City and Union agrees that those departments affected by
the demonstrated need for cross-training shall be allowed to
, ..w activities are
do so even if the assigned cross-training
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.
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ARTICLE 40
LAY-OFF AND BUMPING
SECTION 1. ELIGIBILITY:
Lay-off will be in accordance with: (1) Seniority, and (2)
Qualifications , in a classification.
SECTION 2. PROCEDURE:
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When a lay-off takes place, it shall be accompanied by laying
off temporary employees first, provisional employees second,
Vprobationary employees third, and then permanent employees, in
J `! accordance with the criteria established above.
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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
ability to perform the job. Qualification and ability to do
the job shall be determined solely by management.
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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
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from the date of lay-off. Written notice of expiration of
recall rights shall be sent to the employee at his last known
yp ! 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.
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ARTICLE 41
PART-TIME EMPLOYEES
Any and all sections of this Agreement between the General
Employees and the City,employees. However, apply mainly to full-time regular
Relations Commission in order for the Public Employees
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
employees as to formally recognize part-time
members of the unit,
benefit yet our current fringe
not be
Package designed for regular full-time em to
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made available to P Yees will
Part-time employees. Any and all
agreed upon wage adjustments throughout the current contract
h
ij i employees year 1 be enjoyed by both full-time and part-time
Vacation allowance
for permanent part-time employees who
continuously work a minimum of forty (40) hours bi
will be calculated -weekly,
at 1 . 54 hours per pay period for 1-5 years
Of employment, 2. 31 hours for 5-12 years , and 3. 08
12+ years of service. hours for
The specific articles the City wishes to part-time participation are: be excluded from
Article #24
Group Insurance
Article #25 Sick Leave
Article #28
Bereavement Leave
Article #29 Personal Day
Article #33 Education
Article #34 Incentive
Pension-Retiree Benefits
Article #35
Longevity
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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 , 1991. The
Agreement shall continue in force until September 30, 1992.
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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 follows :
1 . Aberrant or unusual on-duty behavior of an employee.
2. Behavior which is recognized and accepted symptom(s)
i, of intoxication or impairment caused by controlled
"j substance except those listed in schedule V of F.S .
893.03.
3 . It is not reasonably explained for resulting from
j causes other than the use of controlled substances.
Such behavior must be observed by their immediate supervisor
4 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
may result in disciplinary action.
The following procedures shall apply to the blood and urine
tests administered to the employees :
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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
"A.. Health and Human Services.
C. Urine and/or blood specimen (s) shall be drawn or
!i collected at the laboratory, hospital or medical facility at
which the specimen is to be tested. A union representative
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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" on both
samples, the employee will be given an opportunity to 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 .
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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
. 4, considered medical records and held confidential to the extent
4 .' 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 25 NG/ML PCP
25 NG/ML GC-MS
METHOQUALONE 300 NG/ML 300 NG/ML 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
government screening and confirmation standards .
The employee shall be presented with a copy of the laboratory
report of all specimens which were tested.
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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.
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 City and the
employee, 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, 1992,
1' the discipline shall be revoked and may not be used as the
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basis for any disciplinary action in the future.
1 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 .
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FOR THE CITY: WITNESSED:
MAYOR
CITY MANAGER
FOR THE ASSOCIATION: WITNESSED:
i PRESIDENT
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� j APPROVED FOR FORM AND CORRECTNESS :
CITY ATTORNEY
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ATTESTED:
CITY CLERK - AUDITOR
DATED:
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