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HomeMy WebLinkAboutR-1987-063 RESOLUTION NO. 63-37 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE CONTRACT BETWEEN THE CITY OF DANIA AND THE GENERAL EMPLOYEES ASSOCIATION- CITY OF DANIA, DATED OCTOBER 1 , 1987; AND AUTHORIZING AND DIRECTING THE EXECUTION OF SAME; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That a certain contract by and hetween the City of Dania and the General Employees Association-City of Dania, a true copy of which is attached hereto and made a part hereof as Exhibit "A" , be and the same is hereby approved and the appropriate City officials are hereby authorized and directed by the City Commission to execute said contract. Section 2. That all resolutions or parts of resolutions in .s conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on this loth day of November , 1987. eLS�L MAYOR - COMMI SI ER ATTEST: CITY CLERK - AUDITOR APPROVED FOR FORM AND CORRECTNESS: B Yx C� -- FRANK C. ADLER, CITY ATTORNEY J Resolution No. 63-37 r- A G R E E M E N T BETWEEN T H E C I T Y O F D A N I A AND . _Q T H E G E N E R A L E M P L O Y E E S' A S S O C I A T I O N lw Agreement Dates: 10/01/87 — 09/30/90 PERC CERTIFICATE #590 GENERAL EMPLOYEES ASSOCIATION COLLECTIVE BARGAINING AGREEMENT OCTOBER 1, 1987 TO SEPTEMBER 30, 1990 TABLE OF CONTENTS PREAMBLE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 1: . . . . . . . . . . . 2 DEFINITIONS 2 y. ARTICLE2: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 RECOGNITION 3 ARTICLE3: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 w...� MANAGEMENT RIGHTS 4 ARTICLE4: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 UNION RIGHTS 5 ARTICLE5: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 DISCRIMINATIONCLAUSE . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE6: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 NO STRIKE 7 - i I 1 J ARTICLE 7: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . g DUES CHECK-OFF 8 ARTICLE8: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 UNION BUSINESS 9 ARTICLE9: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 UNION STEWARDS . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE10: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 TRAINING & ORIENTATION PROGRAM 11 s ARTICLE 11: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 MEDICAL EXAMINATIONS . . . . . . . . . . . 12 ARTICLE 12: . . . . . . . . . . . . . . . . . . . . . . 13 WORK DAY �... 13 ARTICLE13: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 WORKRULES . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE 14 : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 BREAKS . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE 15: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 DISCIPLINE & DISCHARGE . . . . . . . . . . . . . . . . . . . . . . 16 J ARTICLE16: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 GRIEVANCE PROCEDURES . . . . . . . . . . . . . . . . . . . . . . 17 ARTICLE 17: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 PAY & CLASSIFICATION . . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE IS: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 VACANCIES & TRANSFERS . . . . . . . . . . . . . . . . . . . . . . 20 ARTICLE 19: 21 WORKING OUT OF CLASSIFICATION . . . . . . . . . . . 21 ARTICLE20: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 , . OVERTIME . . . . . . . . . . . . . . . . . . . . . . 22 ARTICLE21: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 UNIFORMS . . . . . . . . . . . . . . . . . . . . . . 24 ARTICLE 22: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 SAFETY ARTICLE23: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 ON-THE-JOB INJURIES . . . . . . . . . . . . . . . . . . . . . . 26 ARTICLE24: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 GROUP INSURANCE 27 ARTICLE 25: 28 SICKLEAVE . . . . . . . . . . . . . . . . . . . . . . 28 ARTICLE26: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 LEAVE OF ABSENCE 29 ARTICLE 27: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 JURYDUTY . . . . . . . . . . . . . . . . . . . . . . 31 ARTICLE 28: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 BEREAVEMENT LEAVE 32 ARTICLE 29: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 PERSONALDAY . . . . . . . . . . . . . . . . . . . . . . 33 ARTICLE30: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . 34 ARTICLE 31: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 VACATIONS . . . . . . . . . . . . . . . . . . . . . . 36 ARTICLE32: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 COMPENSATION FOR USE OF PERSONAL VEHICLE . . . . . . 37 ARTICLE33: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 EDUCATIONAL INCENTIVE 38 1 � ARTICLE 34: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 PENSION . . . . . . . . . . . . . . . . . . . . . . 39 ARTICLE35: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 LONGEVITY . . . . . . . . . . . . . . . . . . . . . . 40 ARTICLE 36: . . . . . . . . . . . 41 SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . . 41 i I ARTICLE37: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 WAGEINCREASES . . . . . . . . . . . . . . . . . . . . . . 42 i ARTICLE 38: . . . . . . . . . . . . . . . . . . . . . . 43 ,r CROSS OVER WORK ACTIVITIES . . . . . . . . . . . . . . . . . 43 i ARTICLE 39: . . . . . . . . . . . 44 PART-TIME EMPLOYEES . . . . . . . . . . . 44 ARTICLE 40: . . . . . . . . . . . 45 TERM OF AGREEMENT . . . . . . . . . . . . . . . . . . . 45 i . J J CITY OF DANIA GENERAL EMPLOYEES ASSOCIATION CONTRACT AGREEMENT 1987 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 efficient and cordial relations between the City and the Association which will serve the best interest of all con- , cerned; and WHEREAS, the City is engaged in furnishing essential public services vital to the health, safety, protection, and comfort i 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 responsi- bility, they have entered into this Agreement as an instru- ment 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 . . . 1 II J ARTICLE 1 DEFINITIONS 1. ASSOCIATION shall hereinafter mean the GENERAL EMPLOYEES ASSOCIATION - CITY OF. DANIA, as evidenced by Order #82E-322, Public Employees Relations Commission, September 30, 1982. 2 . CITY shall hereinafter mean the City of Dania. 3. AGENCY HEAD shall mean the City Manager of the City of Dania. 4 . TERM OF AGREEMENT shall mean the duration of the contract as defined by beginning and ending dates. 5. STRIKE shall mean the concerted failure to report for duty; the concerted absence from one ' s Position; the concerted stoppage of work ; the concerted submission of resignations; the concerted use of sick leave; boycotting or disruptively 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 coer- cing 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 picket- ing. 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 . 2 ARTICLE 2 RECOGNITION The City in accordance with a certification of the Public Employees Relations Commission of the State of Florida dated the 30th day of September, 1982, Certification 590, hereby recognizes the General Employees Association - City of Dania, as the sole and exclusive bargaining agent for the purposes Of collective bargaining with respect to wages, hours and conditions of employment for those working employees of the City 9 within the unit certified pursuant to the afore- mentioned case number. 3 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 organi- zation 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 w filing grievances should the exercising of said rights have the practical effect of violating the terms and conditions of employment. The City specificlly and clearly reserves the exclusive right to manage, direct and program the operations of City Govern- ment. 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 ARTICLE 4 UNION RIGHTS SECTION 1 : The City agrees that Association officials on employer's premises, and with no loss of pay, shall be allowed to: (a) transmit written communications to the employer author- ized by Association officials ; (b) consult with the employer on matters mutually agreed to at reasonable times. It is agreed that the above provisions will be handled in a timely and 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 that Association members on employ- er ' s premises in non-working areas during their non-working hours , shall be allowed to: (a ) distribute Association literature during employee ' s official non-working time; (b) solicit Association membership during employee ' s official non-working time; (c ) post Association notices on appropriate bulletin boards. 5 i ARTICLE 5 DISCRIMINATION CLAUSE The City and the Association agree that the basic intent of the Agreement is to provide a harmonious working relationship between the City and the Association. The City and the Association agree that all provisions of this Agreement shall be applied to all employees covered by it and that the City and the Association affirm their joint opposition to any discriminatory practices in connection with employment, promotion or training , remembering that the public law and public interest requires no discrimination on account of race, color, creed , national origin , sex, reli- gion, age, or physical handicap. Employees have the right to join the Association, to engage in lawful concerted activities for the purpose of collective bargaining, to express and communicate any view, grievance, complaint or opinion within the bounds of good taste, rela- tive to conditions or compensation of public employment or its betterment, all free of any restraint, coercion, intimi- dation or reprisal against any employee because of that em- ployee ' s membership or lack of membership in the Association by virtue of any employee-member holding office in the Asso- ciation. This provision shall be applied to all general employees by the City and the Association . 6 J ARTICLE 6 NO STRIKE No employee or employee organization may participate in a strike against the City of Dania by instigation or support- ing in any manner, a strike . "Strike" shall be as defined in Article 1 - Definitions. This section shall not preclude lawful and peaceful picket- ing , provided said picketing does not interfere with the normal , smooth, efficient operations of any department or division within City Government. a 7 i ARTICLE 7 DUES CHECK-OFF I The City shall deduct dues from the wages of its employees upon written authorization of the employees of the Associa- tion. The amounts deducted pursuant to such authorization shall be transmitted once each month to the Treasurer of the Associa- tion. The City shall provide, upon request of the Association , a list of names of employees from whom the deductions are made. Authorization for such deductions shall be revocable by thirty ( 30 ) days written notice to the City and to the Association by the employees involved. The Association agrees to indemnify and hold the City harm- less 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. 8 ARTICLE 8 UNION BUSINESS i The Association 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 Com- mission 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 . 9 F- J d I ARTICLE 9 UNION STEWARDS The Association President and/or a representative of same, serving on Association 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. I i i I 10 i : J 1 7 ARTICLE 10 TRAINING & ORIENTATION PROGRAM The City will , upon hiring an employee, provide an orienta- tion and training period along with job description of duties to all new employees. a. 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. b-. 12 � _l ARTICLE 12 WORK DAY i r The City agrees to consult with the Association ' s Business Agent, President or Vice President prior to making any changes in the daily work schedule . Reasonable notice shall be given wherever possible. e, 13 i ARTICLE 13 WORK RULES The City will provide the Association with a copy of any written work rules affecting employees covered by this Agree- ment that are instituted or modified during the term of this Agreement. ti. 14 1� ARTICLE 14 BREAKS i The current practice of breaks for General Employees shall continue throughout this present contract . 15 ARTICLE 15 DISCIPLINE & DISCHARGE All employees with permanent or non-permanent status with the City, may be disciplined for just cause. An accused employee must be served notice five ( 5) calendar days prior to any hearing or investigation. Said employee shall have the right to have a Union Representative present at any hearing or investigation as an observer. "Just Cause" may be defined to mean definite proof of alleged misconduct of an employee in regards to job duties, work hours, ethical practice or to of ivil prohibitions, ce Rule 11 , Section 7, which could cause harm tothe 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 . Whenever a determination is made by a supervisor or depart- ment 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. 16 L� i ARTICLE 16 GRIEVANCE PROCEDURES I. Any claim by an employee , group or class of employee-members of the Association that there has been a violation , misin- terpretation 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. Nothing in this Article shall be construed to prevent any employee from presenting at any time , his/her own grievance in person or by legal counsel to the City , and having such grievance adjusted without the intervention of the Associa- s j tion, if the adjustment is not inconsistent with the terms of this Agreement, and if the Association has been given reason- able opportunity to be present at any meeting called for the resolution of said grievance , provided the grievance is advanced for resolution in a timely manner within ten calendar days. II . In the event that an employee believes there is a basis for a grievance, he/she shall , within ten calendar days, first discuss the alleged grievance with the immediate supervisor, either personally or, if he/she prefers, accompanied by an Association representative. III. If the grievance is not settled at the first or second step and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be referred in writing to the department head within three ( 3 ) working days . 17 The department head shall within five (5 ) calendar days following receipt of the written grievance, conduct a meeting between him/herself, the Association representative and the grieved employee at a time mutually agreeable to all parties. The department head shall notify the Association and grieved employee , in writing of his/her determination not later than five (5 ) calendar days following the meeting date . IV. If the grievance is not settled at the third step to the i satisfaction of the grieved employee, the Association repre- sentative together with the employee shall forward in writ- ing, within ten calendar days, the stated grievance to the office of the City Manager. The City Manager or his designee shall meet with the employee and the Association representative within ten (10 ) calendar days after receipt of the grievance, unless such time is mutually extended in writing. The City Manager shall furnish a copy of his decision in writing to the employee and the Association representative within five (5 ) calendar days after this meeting. V. If the grievance is not settled in the above Step 4, the grievance shall be submitted within 30 calendar days to binding arbitration under the Rules of Section 447. 401 of the Florida Statutes . VI . Any grieved employee shall have the option of using either the Grievance Procedure outlined above or that designated by Civil Service, but not both. 18 1 L ARTICLE 17 PAY & 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 ten (10) working days to be heard. Final ap proval will then be given by the office of the City Manager and Civil Service Board . All examinations and appointments for positions in City Government shall be covered by Civil Service Rules, as amended. 19 L� a ARTICLE 18 VACANCIES & TRANSFERS Vacancies and transfers shall be filled in accordance with Civil Service Rules , as amended . y i i 20 y ARTICLE 19 WORKING OUT OF CLASSIFICATION Employees or employee will be designated as acting super- visors by the appropriate Department Head in the absence of a Supervisor or Person-in-charge , and shall be compensated with an additional rate of 10% assignment pay for the period in said classification. Upgrading to be payable in cummula- tive 80 hour periods only. 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 classifica- the 5% increase shall apply. However, lion, in which case the City Manager may approve a larger increase involving special circumstances . `� .JV j 21 L .. J J 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. Over- time 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 . SECTION 2: The parties shall abide by Federal or State law applicable to ••«�` municipalities established to cover overtime and compensatory time. SECTION 3: When it is necessary for the City to require member employees to 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. i 22 i J 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 ) per day. SECTION 6: The City will make every effort to distribute scheduled overtime in an equitable manner, provided individuals are qualified for such overtime assignments. 23 J i l 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. �i w pp 9 1 24 I - L� ARTICLE 22 SAFETY i The City and the Association recognize the importance of an adequate safety program. The City agrees to provide and maintain an ongoing safety program. The Association will encourage its members to comply with the City' s safety program. The City shall provide all necessary safety equipment required by the safety program as well as the State occupational health law. It is further agreed that a safety committee be formed which shall be comprised of the City' s Personnel Director, an employee representative appointed by the Association, and the appropriate Department Head or designated representative. The committee shall meet at reasonable times on working days during working hours, with the employee representative serving without loss of compensation . J 25 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 imme- diate supervisor. Failure to do so may result in jeopar- dizing 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 ' Compensa- tion, 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 ) . Dis- ability requiring an employee to be off the job for a period beyond six (6 ) months shall be subject to provisions of the Retirement Plan. Employees not having a lost time accident on the job; and no vehicle accidents for which they are determined to be at fault, during the fiscal year, earn a Safety Day to be taken in the next fiscal year, however, employees must work at least six (6 ) months during the fiscal year to be eligible . 26 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 Association shall be consulted prior to any changes in the group insurance plan, affecting its members. ryr The City will pick up the full cost of both individual and dependent insurance. i 27 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 e following year. 28 L� J 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 reasonabole 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 I I 29 J 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 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 . SECTION V: x 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 3 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: Maternity leave without pay for a period of up to six (6) months shall be granted by the City Manager or his designee at the request of a female employee who provides sufficient evidence, from a licensed medical doctor, that such leave is medically necessary. 30 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. w 31 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. 32 J r ARTICLE 29 PERSONAL DAY Employees covered by this contract shall be entitled to two Personal days per calendar year in addition to posted holi- days. 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 per- sonal day earned. •r 33 I - ARTICLE 30 HOLIDAYS The following holidays will be observed: 1987/88: Thanksgiving Day November 26, 1987 Thursday Day after Thanksgiving November 27, 1987 Friday *Christmas Eve December 24 , 1987 Thursday Christmas Day December 25, 1987 Friday New Year's Day January 01 , 1988 Friday Martin Luther King ' s Day January 18 , 1988 Monday Presidents ' Day February 15, 1988 Monday Memorial Day May 23, 1988 Monday Independence Day July 04, 1988 Monday Labor Day September 05, 1988 Monday NOTE: **Christmas Eve Day 1987 was exchanged for Day after New Year 's Day (Jan. 2 ) 1987. 34 II J 1988/89: Thanksgiving Day November 24 , 1988 Thursday Day after Thanksgiving November 25, 1988 Friday Christmas Eve (Dec . 24 ) December 23, 1988 Friday Christmas Day (Sun. 25 ) December 26 , 1988 Monday New Year' s Day (Sun. 01 ) January 02, 1989 Monday Martin Luther King 's Day January 16 , 1989 Monday Presidents ' Day February 20 , 1989 Monday Memorial Day May 29 , 1989 Monday Day before Independence Day July 03 , 1989 Monday Independence Day July 04, 1989 Tuesday Labor Day September 04, 1989 Monday 1989/90: Thanksgiving Day November 23 , 1989 Thursday Day after Thanksgiving November 24, 1989 Friday Christmas Day December 25, 1989 Monday New Year 's Day January 01 , 1990 Monday Martin Luther King ' s Day January 15, 1990 Monday Presidents ' Day February 19, 1990 Monday Memorial Day May 28 , 1990 Monday Independence Day July 04 , 1990 Wednesday Labor Day September 03, 1990 Monday 35 IJ,. ARTICLE 31 VACATIONS All employees covered by this Agreement shall be entitled to vacation leave in accordance with the following schedule: More than 1 year, but less than 5 years — 2 weeks More than 5 years, but less than 15 years — 3 weeks 15 years or over — 4 weeks There shall be a two year limit to the amount of vacation holding of vacation days. days accumulated or length of Vacation shall be taken at the employee ' s discretion with supervisory permission, but in increments of not less than five days, however, employees may split one 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. 36 F7 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 per- sonal vehicle use. In addition, employees cannot be com- pelled to use their personal vehicle. f 37 i - L J i ARTICLE 33 i EDUCATIONAL INCENTIVE The City will repay all costs of job related courses taken within the fiscal year provided a passing grade is main- tained. 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. i 38 t i i ARTICLE 34 PENSION Effective the first pay period in December 1987, 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 and shall offset the employees ' cur- rent contribution rate. This five percent (58) shall be paid directly (plus accrued interest) to members upon termination of employment unless said termination is due to retirement or the member has vested rights in the pension plan and elects to leave his/her funds in the plan until he/she is eligible to select a re— Members� tirement option. Members shall continue to be fully responsible for required pension contributions associated with their longevity pay— ments. i F l I 39 i t 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. 0% 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. 40 ARTICLE 36 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. i In the case of invalidation, both the City and the Associa— tion shall meet at reasonable times for the purpose of agree— ing to replace and/or rectify the article( s) in question. 41 ARTICLE 37 WAGE INCREASES i Effective the first pay period in December 1987, the City agrees , in lieu of a wage increase , to pay five percent ( 5%) of each member' s base pay directly to the General Employees Retirement Plan, which shall offset the five percent ( 5% ) currently paid by the employee into the retirement system. Any employee—member who is not a contributor to or partici— pator in the retirement system shall receive a five percent ( 58 ) wage increase effective the first pay period in December 1987. The topic of wage increases shall be reopened for negotiation in June 1988 for fiscal year 1988/1989 and fiscal year 1989/ 1990. 42 ' i - ARTICLE 38 CROSS OVER WORK ACTIVITIES I 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 classifi- cation. 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 pre- vail where applicable . I 43 ARTICLE 39 i i PART-TIME EMPLOYEES i Any and all sections of this Agreement between the General Employees and the City, apply mainly to fulltime regular employees. However, in order for the Public Employees Relations Commission to approve the GEA as the exclusive bar- gaining 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 fulltime employees will not be made available to part-time employees . Any and all w agreed upon wage adjustments throughout the current contract year will be enjoyed by both fulltime and part-time employ- ees. Vacation allowance for permanent part-time employees who continuously work a minimum of forty (40 ) hours bi-weekly, �...,.fi� will be calculated at 1. 54 hours per pay period for 1-5 years of employment, 2 .31 hours for 5-15 years, and 3. 08 hours for 16+ years of service. The specific articles the City wishes to be excluded from part-time participation are: Article #24 Group Insurance Article #25 Sick Leave Article #28 Bereavement Leave Article " #29 Personal Day Article #33 Education Incentive Article #34 Pension Article #35 Longevity 44 ARTICLE 40 TERM OF AGREEMENT After a majority vote of those Association members voting on the question of ratification and thereafter upon its ratifi- cation 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 Association representa- tives and the City Manager, shall become effective October 1 , 1987 . The Agreement shall continue in force until September 30, 1990. 45 ' J FOR THE CITY: WITNEESSSED: MAYOR CITY MANAGE FOR THE ASSOCIATION: WWIITTNDEESSpED�: PRESIDENT . ��/chi,,—.c. 7/t—n- (�-(".,(✓ 1�7�(,(A;k", �'?�`i`"" _" SECRETARY APPROVED FOR FORM AND CORRECTNESS : <� c. CITY ATTORNEY ATTESTED: CITY CLERK - AUDITOR DATED: I z/r1,P 7 46