HomeMy WebLinkAboutR-2012-163 - Ratified Collective Bargaining Agreement btw DB and AFSCME Florida Council 79, AFL-CIO Local 3535 for 1 Year 10/01/12 - 09/30/13 RESOLUTION NO. 2012-163
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, RATIFYING A COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND
AFSCME FLORIDA COUNCIL 79, AFL-CIO LOCAL 3535 FOR A ONE
YEAR PERIOD OF OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2013
AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE
AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Dania Beach and AFSCME Florida Council 79, AFL-CIO Local
3535 have concluded negotiations and impasse proceedings and have reduced their tentative
agreements and the issues resolved by the City Commission to writing as set forth in the attached
Collective Bargaining Agreement; and
WHEREAS, the Agreement is scheduled for ratification by the Florida Council 79, AFL-
CIO Local 3535 on November 28, 2012; and
WHEREAS, the City Commission of the City of Dania Beach deems it to be in the best
interest of the bargaining unit employees, the residents and citizens of the City to ratify the
attached Agreement and to authorize the proper City officials to execute it;
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That foregoing "WHEREAS" clauses are true and correct and are ratified
and confirmed by the City Commission.
Section 2. The City Commission of the City of Dania Beach, Florida ratifies the
Agreement between the City of Dania Beach and Florida Council 79, AFL-CIO Local 3535 for
the one (1) year period of October 1, 2012 through September 30, 2013, and authorizes and
directs the proper City officials to execute the Agreement, a copy of which Agreement is
attached as Exhibit"A".
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon its
passage and adoption; provided, however, that the Agreement shall be retroactive to October 1,
2012.
PASSED and ADOPTED on November 27, 2012.
ATTEST:
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LOUISE STILSON, CMC WATER B. DUKE, III
CITY CLERK MAYOR
APPROVED AST FO AND CORRECTNESS: �Qo�p�Is F�Rrr�
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2 RESOLUTION#2012-163
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE CITY OF DANIABEACH
AND
AFSCME FLORIDA COUNCIL 79,AFL-CIO
LOCAL 3535
OCTOBER 1,2012
Through
SEPTEMBER 30,2013
TABLE OF CONTENTS
ARTICLE# ARTICLE TITLE PAGE
PREAMBLE 5
1 DEFINITIONS 6
2 RECOGNITION 7
3 MANAGEMENT RIGHTS 8
4 UNION RIGHTS 9
5 NON DESCRIMINATION CLAUSE 10
6 NO STRIKE 11
7 DUES CHECK OFF 12
8 UNION BUSINESS 13
9 UNION STEWARDS 14
10 ORIENTATION PROGRAM 16
11 PHYSICAL EXAMINATIONS 17
12 WORKWEEK, BREAKS,AND OVERTIME 18
2
TABLE OF CONTENTS
ARTICLE# ARTICLE TITLE PAGE
13 WORK RULES 22
14 DISCIPLINE AND DISCHARGE 23
15 GRIEVANCE PROCEDURES 25
16A PAY AND CLASSIFICATION 30
16B PERFORMANCE EVALUATIONS 31
17 VACANCIES AND TRANSFERS 33
18 WORKING OUT OF CLASSIFICATION 34
19 UNIFORMS 35
20 SAFETY 36
21 WORKERS COMPENSATION 37
22 GROUP INSURANCE 39
23 SICK LEAVE 40
24 LEAVE OF ABSENCE 41
25 JURY DUTY 42
26 BEREAVEMENT LEAVE 43
27 PERSONAL DAY 44
28 HOLIDAY 45
29 VACATION 45
3
30 COMPENSATION FOR PERSONAL
VECHICLE 46
31 EDUCATIONAL INCENTIVE 47
32 PENSION-RETIREE BENEFITS 48
33 SENIORITY 50
34 SAVINGS CLAUSE 52
35 WAGES 53
36 CROSS TRAINING 54
37 LAY OFF AND BUMPING 55
38 PART-TIME EMPLOYEES 57
39 SUBSTANCE ABUSE 58
40 LABOR MANAGEMENT COMMITTEE 63
41 TERM OF AGREEMENT 64
APPENDIX A: PAY AND GRADE TABLE
I
4
PREAMBLE:
WHEREAS, the parties hereto have established a basic understanding relative to the terms and
conditions of employment of the employees of the City; and
WHEREAS, it is the intent and desire of the parties to this Agreement to work harmoniously
and to promote and maintain efficient and cordial relations between the City of Dania Beach,
hereafter known as the "Employer" or "City" and AFSCME Florida Council 79, AFL-CIO,
Local 3535 hereafter known as the"Union"; and
WHEREAS, the City is engaged in furnishing essential public services vital to the health,
safety,protection, and comfort of the citizens of Dania Beach, 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, both parties recognize this mutual responsibility, they have entered into this
Agreement as an instrument and means to permit them to fulfill said responsibility;
NOW THEREFORE, in consideration of the premises and promises set forth herein and the
benefits and advantages accruing or expected to accrue to the parties hereto and those covered
by this Agreement by reason hereof,the said parties hereby agree as follows.
5
ARTICLE1
DEFINITIONS
1. UNION shall hereinafter mean (American Federation of State, County, and
Municipal employees) AFSCME Florida Council 79, AFL-CIO, Local 3535 as
evidenced by Amended Order # 89E-291, Public Employees Relations Commission,
October 9, 1989.
2. CITY/EMPLOYER shall hereinafter mean the City of Dania Beach.
3. AGENCYHEAD shall mean the City Manager of the City of Dania Beach.
4. TERM OFAGREEMENT 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 concerted 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.
ARTICLE 2
6
RECOGNITION
2.1 The City of Dania Beach hereby recognizes AFSCME Florida Council 79,AFL-CIO,
Local 3535 as the exclusive Bargaining Agent for the employees occupying the job
classifications set forth in Certification Number 590 granted by the Public Employees
Relations Commission on October 9, 1989 and as revised in the Public Employees
Relations Commission("PERC")Final Order 04E-024, dated January 21,2004 as set
forth below.
Accounting Specialist ecialist Marine Safe Officer Safety
Accounting Technician I and II Meter Reader
Administrative Coordinator Occupational Licensing Coordinator
Administrative Specialist I and II Occupational License Specialist
Administrative Technician Payroll and Benefits Coordinator
Administrative Assistant Permit Service Specialist
Building Inspector Permit Service Clerk
Cemetery Caretaker Planning Associate
Chief Electrical Inspector Pool Lifeguard
Chief Plumbing Inspector Purchasing Agent
Customer Service Representative Purchasing and Contract Coordinator
Custodian Recreation Assistant I and II
CSA/Parking Enforcement Specialist Recreation Attendant
Crew Leader Recreation Leader
Code Inspector Technical Support Specialist
Fleet Mechanic/Service Coordinator Trades Maintenance Supervisor
Grants Coordinator Trades Mechanic I and II
Irrigation Mechanic Treatment Plan Operator Trainee
Landscape/Grounds Technician I and II Treatment Plant Operator`B"
Maintenance Worker/Equipment Operator Treatment Plant Operator"C"
I, II and III Utilities Service Worker
Marine Safety Lieutenant Utilities Mechanic
2.2 Any modifications, subtractions,or additions to the City classification after the January
2004 PERC certification order are hereby subject to mutual agreement by the Union and
the City Human Resource Director before said classification may be included or
excluded from the Bargaining Unit. If the parties cannot mutually agree on
inclusion/exclusion of the new classification, said classification will be referred to the
Public Employee Relations Committee for certification.
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ARTICLE 3
MANAGEMENT RIGHTS
3.1 Unless otherwise provided in this Agreement, the public employer shall have the right to
determine the purpose of each of its constituent departments; determine standards of
service to the public, and exercise control over its organization and operation.
3.2 The public employer further reserves the right to direct its employees, take disciplinary
action for just cause, and relieve its employees from duty because of a lack of work or
other legitimate reason, provided the exercise of said rights does not prevent employees
or their representatives from filing grievances should the exercising of said rights have
the practical effect of violating the terms and conditions of employment.
3.3 The City specifically and clearly reserves the exclusive right to manage, direct and
program the operations of City Government.
3.4 The City does reserve the exclusive right to hire, fire, discipline, transfer, layoff and
promote its employees.
3.5 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.
ARTICLE4
UNIONRIGHTS
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4.1 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 hamper the efficient operation of any department or
employee within City government.
4.2 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;
post Union notices on appropriate bulletin boards.
(c) P
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ARTICLE 5
NON-DISCRIMINATION CLAUSE
5.1 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.
5.2 It is agreed that no employee shall be required as a condition of employment to join or
refrain from joining the Union.
5.3 Neither the City of Dania Beach nor the Union will discriminate against employees
covered by this Agreement as to membership or representation because of race, color,
creed, sex,age,national origin, or disability status.
5.4 The Union agrees that no officer, agent, representatives or members of the Union will
coerce or intimidate any employee into joining the Union. The Union further agrees that
it will not interfere with or condone any interference with the free and unrestricted right
of any employee of the City to enter and leave City property.
5.5 Refusal by the Union to process a grievance for an employee who is not a member of the
Union shall not be considered discriminatory.
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ARTICLE 6
NO STRIKE
6.1 No employee or employee organization may participate in a strike against the City of
Dania Beach by instigation or supporting in any manner, a strike. "Strike" shall be as
defined in Article 1 -Definitions.
6.2 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
7.1 The City shall deduct dues from the wages of its employees upon written authorization
of the employees of the Union. Any employee covered by this Agreement may
authorize a payroll deduction for the purpose of paying Union dues.
7.2 The Union will notify the City as to the amount of dues. Such notification to the City
shall be in writing and from an official of the Union. Changes in Union membership
dues will similarly be certified to the City at least thirty (30) days prior to the effective
date of the change.
7.3 The amounts deducted pursuant to such authorization shall be payable to AFSCME
Florida Council 79,AFL-CIO transmitted once each month to AFSCME Florida Council
79, AFL-CIO, 3064 Highland Oaks Terrace, Tallahassee, Fl 32301, along with a list of
names of employees from whom the deductions are made.
7.4 Authorization for such deductions shall be revocable thirty- (30) day after written notice
to the City and to the Union by the employees involved.
7.5 The Union agrees to indemnify and hold the City harmless against any and all claims,
suits, orders or judgments, brought or issued against the City as a result of any action
taken or not taken by the City under the provision of this section.
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ARTICLE 8
UNION BUSINESS
8.1 The Union President, officers, stewards, and/or a representative of same, shall be
afforded time off from work with pay to attend any and all meetings held during
working hours by the City Commission, or meetings with City Administrators that
relate to joint City and Union business.
8.2 Sufficient notice of such meetings shall be given to the appropriate supervisor, and
supervisor approval shall not be arbitrarily withheld and/or denied.
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ARTICLE 9
UNION STEWARDS
9.1 The Union stewards shall be appointed by the Union from each of the designated
locations to represent employees in that specific location and shift.
9.2 The Union will select a Chief Steward who shall be permitted to process grievances and
perform other Union business at any work site when the assigned steward is absent or if
no steward has been assigned to an area. The Chief Steward shall process grievances of
steward(s). The President of the Local or his/her designee shall advise the City's
Human Resource Director, in writing of the names of the stewards (and their
assignments),the Chief Steward, and all other officers of the Local.
9.3 Neither stewards nor Union representatives shall conduct any Union business during
working time,except as provided elsewhere in this Agreement.
9.4 The Union agrees that non-employee, steward or any other person or persons shall not
solicit membership or non-membership, discuss Union matters, or distribute Union
materials during working hours nor shall such Union business interfere with the work
assignment of the steward involved or the work assignment of other employees.
9.5 Where a Representative of the Union other than an employee enters the City's property
or buildings to investigate a grievance or carry out official Union business, the
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Representative shall notify the City's Human Resource Director, in writing (email is
acceptable) of such visit.
15
ARTICLE 10
ORIENTATION PROGRAM
10.1 The City will provide an orientation and job description to all new employees in a timely
manner. The City will provide the union with a list of all new employees and their work
locations upon request. The City will provide the Local Union President with a schedule
of orientation programs for the purpose of advising new hires of their option to join the
Union.
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ARTICLE 11
PHYSICAL EXAMINATIONS
11.1 The City agrees to pay up to $500for the cost of annual voluntary physical exams
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
11.2 Alternatively, if the employee wishes to undergo a medical body scan,the employee
may use the allowance for physicals towards the cost of a body scan.
11.3 No deductibles shall apply to the above benefit.
11.4 This dollar benefit is inclusive of all lab work,x-rays, etc.
11.5 If annual exams or body scans are covered under the City's health plan, the City will
reimburse only those amounts not covered by the health plan up to the maximum limits
stated above.
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ARTICLE 12
WORKWEEK,BREAKS AND OVERTIME
12.1 Forty (40)hours shall constitute a normal workweek for an employee covered by this
Agreement. Nothing herein shall guarantee an employee payment for a forty (40)hour
workweek unless the employee actually works forty(40)hours.
12.2. Employees will be provided a one hour,unpaid lunch break and two(2)paid 15
minute breaks each day.Employees may use this time for a smoking break, snack, for
personal phone calls or for any reasonable personal use. Employees hired after the date
of the ratification may not use the two(2)fifteen minutes breaks at the end of the
workday. With advance approval from their department managers, employees may flex
their time,provided it is not done on a daily basis and provided the grant of flex-time
does not impact the workflow.
12.3 Employees covered hereunder shall be paid time and one-half the regular rate for actual
work performed in excess of forty(40)hours in a workweek. For purposes of computing
eligibility for overtime compensation,the two(2)fifteen minutes breaks shall be
considered as time worked. Sick leave will not count toward hours worked for overtime
pay purposes. The City agrees that, at the option of the employee,and with the approval
of the Department Head or designee,actual hours worked in excess of the regular forty
(40)hour workweek may be compensated to the employees in the form of compensatory
leave at the rate of one and one-half(1-1/2)hours for each hour worked in excess of the
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regular forty (40)hour workweek. There will be a maximum accumulation of 80 hours
of"comp time". Recognizing that the City has an obligation to provide sufficient
manpower, accrued compensatory leave may only be utilized at a time(or times)
approved by the Department Head. Upon separation, an employee's compensatory time
will be paid out at 100%.
12.4. The City will make every effort to distribute overtime in an equitable manner,provided
individuals are qualified for such overtime assignments. Although temporary imbalances
in the distribution of overtime may occur,nothing in this Article shall be construed as
alleviating the continued intent of department management to distribute overtime
equitably over an extended period of time. An employee who refuses overtime will be
rotated to the bottom of the list(as if he/she had worked) and the refusal will be recorded
for purposes of ensuring equitable opportunity. Department management will maintain
overtime records and will make such recorded information available to a Union
representative upon request. The City and the Union agree that the City shall have the
sole and exclusive right to authorize and assign overtime work and compensation. When
circumstances permit,the City shall endeavor to provide advance notice when assigning
overtime work to employees.
12.5. In the case of a regular or non-temporary change,the City agrees that it will provide a
minimum of ten(10)calendar days notice to affected employees before any such change
takes effect, unless otherwise agreed to, or in emergency situations.
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12.6. An employee who is called to work outside the employee's regular work schedule shall
receive call-out pay with a minimum guarantee of three (3)hours pay at time and one-
half the employee's regular rate of pay,provided such work does not immediately
precede or immediately extend the employee's regularly assigned work shift.
Employees called out more than one(1)time on the same day will be paid for
subsequent call outs on that day at the rate of time and one-half of the employee's
regular rate of pay for each hour worked,with a minimum of one hour,provided that, if
the second call-out is more than eight(8)hours after the first call-out,then the employee
will receive the guaranteed minimum for both call-outs.
12.7 "Stand by" is assigned on a weekly basis. An employee who is assigned to "stand-by"
status will receive a total of three hours of pay at their regular rate of pay for that
assignment.
12.8. In the event of a Tropical Storm Watch/Warning or Hurricane Watch/Warning being
issued by the National Weather Service, on-duty personnel who are subject to having
their work shift extended for overtime purposes shall be permitted up to three (3) hours
of on-duty time to report to their residence for the purpose of making final preparations
or evacuations for storm protection. Scheduled time off shall be at the discretion of the
Department Director in order to maintain departmental operations.
12.9. Failure to report for mandatory overtime when ordered may result in disciplinary r rY � Y r ry action
up to and including termination for cause.
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12.10 Upon separation, an employee's compensatory time shall be paid out at one hundred
percent.
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ARTICLE 13
WORK RULES
13.1 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. This does not limit management right to
formulate, amend, revise and implement City department policy, rules and regulations,
provided, however,that such formulation, amendment, revision and/or implementation is
neither arbitrary or capricious.
22
ARTICLE 14
DISCIPLINE AND DISCHARGE
14.1 All employees with permanent or non-permanent status with the City, may be
disciplined for "Just Cause". "Just Cause" may be defined to mean definite
proof of alleged employee misconduct in regard to job duties, work hours,
ethical practice, violation of the Civil Service Administrative Code,
insubordination,or any other written department or City policy.
14.2 The City shall adhere to a policy of progressive discipline, except in situations
that are so egregious or in situations where the misconduct is so contrary to the
public interest that immediate dismissal may be the only appropriate disciplinary
measure. Progressive discipline will involve Verbal Consultation, Written
Reprimand, Final Written Warning, Suspension (with or without pay),
Dismissal.
14.3 (a) Employees charged with a felony offense or with illegal conduct against
a co-worker that has a nexus to their job duties with the City shall be placed on
administrative leave without pay until final disposition of the criminal charges.
An employee who is convicted of or who pleads guilty or no contest to a felony
as part of a negotiated plea shall be terminated from their employment with the
City.
(b) An employee placed on administrative leave without pay under this
provision may use accrued leave during the period of administrative leave. If the
employee is found innocent following trial, or if the prosecutor drops the charges,
the employee and his/her leave time used will be reinstated.
(c) An employee who is arrested must report the arrest to the City Manager
within forty-eight(48)hours of arrest, or as soon as possible thereafter.
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14.3 The employee being disciplined may ask for a Union representative to be present
at any step of the process outlined above.
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ARTICLE 15
GRIEVANCE PROCEDURES
15.1 This grievance procedure is the exclusive method of resolving disputes relating
to the application and interpretation of this agreement.
15.2 Any claim by an employee, group or class of employee-members of the Union
that there has been a violation, misinterpretation or misapplication of any
provision of this Agreement, or any rule, order or regulation of the City deemed
to be in violation of the Agreement, may be processed as a grievance as
hereinafter provided. Grievances shall be set forth in the space provided on the
grievance form, a complete statement of the grievance and the facts upon which
it is based, together with the sections of this agreement claimed to have been
violated and the remedy or correction requested.
15.3 STEPS FOR FILING GRIEVANCE
STEP 1: The grievant shall present orally his grievance to his immediate
supervisor within five (5) working days of the occurrence or knowledge of the
occurrence of the action giving rise to the grievance. 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
supervisor shall reach a decision and communicate such decision verbally to the
grievant, within five (5) working days from the date the grievance was presented
to him/her.
Step 2. If the grievance is not settled at the first step,within five(5)working
days from the date of the decision in Step 1,the grievant shall reduce the
grievance to writing on the standard grievance form provided by the Union and
present it to the department head or their designee. The department head or their
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designee shall investigate the alleged grievance and shall within five(5)working
days of receipt of the written grievance,conduct a meeting between themself,
their representative if needed, and the grievant. The grievant may be
accompanied at this meeting by a union representative. The department head or
their 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 decision reached in step 2 is not acceptable to the grievant, he/she
may, within five (5)working days of the decision reached in step 2, present the
written grievance to the Human Resources Director. The Human Resource
Director shall investigate the alleged grievance and shall within five (5)working
days following receipt of the written grievance, conduct a meeting between
himself/herself, and/or his/her representatives if needed, and the aggrieved
employee. The grievant may be accompanied at this meeting by a union
representative. The Human Resource Director shall notify the aggrieved
employee in writing of his/her decision not later than five (5) working days
following the meeting date.
Step 4.If the decision reached in step 3 is not acceptable to the grievant, he/she
may, within five (5) working days of the decision reached in Step 3, present the
written grievance to the City Manager or his/her designee. The City Manager or
his/her designee shall investigate the alleged grievance and shall within five (5)
working days following receipt of the written grievance, conduct a meeting
between himself/herself, his/her designee and/or his/her 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/her decision not later than five (5) working days
following the meeting date.
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15.4 All grievances must be processed within the time limits herein provided unless
extended by mutual agreement in writing. Any grievance not processed by the
Union in accordance with the time limits provided in each step of the article,
shall be considered conclusively abandoned. Any grievance not processed by
the City within the time limits provided herein, shall be automatically advanced
to the next higher step in the grievance procedure.
15.5 Additional Provisions:
A. A group/class grievance shall be presented at Step 3 in writing, within ten
(10) working days of the occurrence of the events which give rise to the
grievance. The grievance shall be signed by the aggrieved employees or
the Union president or the authorized union representative.
B. If a grievance arises from the action of an official higher than Step 1
(immediate supervisor), the grievance shall be initiated at Step 2 or 3 as
appropriate. The grievance shall be submitted in writing within five (5)
working days of the occurrence or knowledge of the occurrence giving
rise to the grievance.
15.6 If a grievance, as defined in this article, has not been satisfactorily resolved
within the grievance procedure,the grievant may request arbitration.
15.7. ARBITRATION PROCEDURE:
27
A. When f either
e o the artier desire that an unresolved grievance be submitted
p gn d to
arbitration, the matter shall be referred to the Federal Mediation Conciliation
Service with notification to the other party.
B. The parties will select an arbitrator from a panel or panels of not less than seven
(7) choices submitted by the Federal Mediation Conciliation Service (FMCS)
within two (2) weeks after receipt of a panel of arbitrators. In the event that
either party, before any striking of names occurs, feels that the panel submitted
by FMCS is unsatisfactory, that party shall have the right to request one (1)
additional panel. The arbitrator shall thereafter be selected from the panel of
arbitrators supplied by FMCS by alternate striking of names until one (1) name
remains. The Union shall strike the first name. The parties will thereupon notify
the FMCS which will notify the arbitrator of the appointment.
C. The arbitrator shall render a decision within thirty (30) days of the arbitration
hearing or within thirty (30) days of the receipt of any written position of both
parties.
D. The expenses and fees of any arbitrator shall be borne equally by both parties.
E. The decision of the arbitrator shall be final and binding on both parties.
F. No arbitrator functioning under this step shall have the power to amend, modify
or delete any provision of this agreement.
15.8 GENERAL PROVISIONS:
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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.
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 it is
based.
2. The section or sections of this agreement that are alleged to have been
violated;and
3. The remedy or correction requested.
ARTICLE 16 A
PAY AND CLASSIFICATION
16A.1 The City shall establish and maintain, on a current basis, a Pay and Classification Plan
for all employees in the City Service. The pay grades and corresponding salary ranges
are attached as Appendix A, and subject to maintenance as described in section 16.4
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16A.2As part of the transition to the pay plan described in Appendix A, employees formerly
entitled to annual longevity bonuses will receive a one time "roll-in" of their longevity
into their base pay. In addition, the City agrees to a one time pro-rated payment to
employees for longevity earned December 1, 2004 through the ratification date of this
contract.
16A.3
16A3 The Human Resource Director shall have the responsibility for proper and
continuous maintenance of the Pay and Classification Plan. Changes in the
duties and responsibilities of any position shall be reported to the Human
Resources Director by the Department Head. All reclassification requests will
be evaluated by the Human Resources Director and approved by the City
Manager.
16A.4 All examinations and appointments for positions in the City service shall be
covered by the Civil Service Administrative Code 2004, and any future
amendments
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ARTICLE 16B
PERFORMANCE EVALUATIONS
16B.1 Employees will be eligible for written performance reviews annually on their
g P Y
anniversary date. For purposes of this article, anniversary date is defined as the
employee's date of hire, or the date of their last classification change due to
transfer,promotion,demotion, etc.
16B.2 Performance will be evaluated using the appropriate City prescribed form.
16B.3 Performance will be evaluated by the employee's immediate supervisor.
16B.4 Employees are required to sign the performance evaluation form and return it
within ten(10) days of receipt.
16B.5 The employee may dispute the Supervisor's evaluation and should not be
required to sign the performance evaluation until the dispute process is
concluded.
16B.6 To dispute a performance evaluation,the employee must address his supervisor
by:
a)Putting in writing the particular rating/ratings that are being disputed;
b) Indicating the rating adjustment requested;
c)Providing specific objective statements to justify the adjustment.
16B.7 The Supervisor must provide a written response to the employee's dispute
indicating whether the reconsideration is being granted or denied. If the
reconsideration is denied,the Supervisor must provide specific objective
statements to support the denial.
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1613.8 The employee may accept the Supervisor's response and sign the evaluation,or
request an appeal to the Department Director(or his/her designee). The
Department Director(or his/her designee)will review the documentation and
provide a written decision to approve or deny the reconsideration. The
employee may accept the Department Director's response and sign the
evaluation, or request an appeal to the Human Resource Director.
1613.9 The Human Resource Director will review the documentation and provide a
written decision to approve or deny the reconsideration. This will be the final
step in the appeals process. The employee will be required to sign the evaluation
upon receipt of the Human Resource Director's response. All rebuttals and
responses will be attached to the performance evaluation as part of the completed
evaluation for the employee's personnel file.
16B.l0Employees who directly report to the Human Resource Director may appeal to
the City Manager,who will render the final decision in writing.
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ARTICLE17
VACANCIES &TRANSFERS
17.1 Vacancies and transfers shall be filled in accordance with Civil Service Administrative
Code 2004 and any future amendments.
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ARTICLE18
WORKINGOUTOFCLASSIFICATION
18.1 Employees designated by Department Heads, and with the written approval of the
Human Resource Director,to temporarily serve in a regularly budgeted higher position
shall be compensated as follows:
a) If the employee serves for a period of four(4) hours or more,the employee
shall receive compensation for the higher position for the total time of temporary
service in that position, not to exceed a maximum of 10% additional
compensation beyond their regular wages. Under no circumstances shall the total
additional compensation exceed the pay grade for the temporary position.
b) If the employee serves for a period of less than four(4)hours,the employee shall
receive no additional compensation beyond the wages of regular classification.
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ARTICLE 19
UNIFORMS
19.1 The City agrees to supply uniforms to employees required to wear them and in
accordance with the City's uniform policy. 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.
19.2 Public Services Department personnel and Field Inspectors will be provided with
quality safety shoes (up to $150.00) annually by the City.
19.3 Uniforms are City property and must be returned to the City at separation.
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ARTICLE 20
SAFETY
20.1 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 necessary safety equipment required by the safety program and in
compliance with related occupational health and safety laws.
20.2 Regular full time employees completing one fiscal year without accident or injury shall
receive one(1) safety bonus day to be used during the next fiscal year.
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ARTICLE 21
WORKERS COMPENSATION
21.1 An employee injured on the job is entitled to all rights and privileges accorded to
him/her under Chapter 440 of the Florida Statutes concerning workers compensation
21.2 An employee absent from work due to a job related injury will receive full pay for a
period of two months following the date of the injury. A one month extension of full pay
may be granted with the approval of the City Manager or his/her designee. Full pay
shall consist of supplemental compensation, defined as the difference between the
employee's gross pay which the employee would otherwise receive and the amount of
the employee's weekly workers' compensation benefit. During this period the employee
is entitled to accrue all their normal benefits, including but not limited to vacation time,
sick time, and personal days. After two months, paid time off accruals will cease. The
City will maintain the employee on the City's health plan, providing the employee
continues to remit premium contributions timely. The required premium contributions
will be consistent with the level of contributions being paid prior to the work related
injury. Failure to pay premium contributions will result in cancellation of coverage.
After six months of job related absence, an injured employee MAY be eligible for Social
Security disability benefits. If disability is approved under the Social Security
Administration,the employee may apply for disability under the City's pension plan and
if approved, will be entitled to the same level of health insurance benefit as retirees.
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However, if pension disability is not approved after nine (9) months of job related
absence, the injured employee will be responsible for 50% of the dependent health
insurance premium.
21.3 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.
21.4 Nothing in this article will preclude the injured employee from using accrued sick or
vacation time during his/her absence, providing that such use combined with other City
supplemental income does not exceed 100%of the employee's regular earnings.
21.5 Employees shall be required to cooperate in the treatment as prescribed by the City's
designated workers compensation physicians in order to obtain maximum medical
improvement or achieve recovery.
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ARTICLE22
GROUPINSURANCE
22.1 The City shall make every effort to offer its regular full time employees a cafeteria
benefits package consisting of health, dental, life, accidental death and dismemberment,
and weekly disability income. The City will initiate a corporate wellness program.
22.2 If the City proposes to modify its existing group insurance policy at any time during the
life of the contract, such as by changing any benefit provisions, the City shall meet and
discuss with the Union prior to making any changes in the group insurance plan
affecting its members.
22.3 Members of the bargaining unit shall pay ten percent (10%) of the premium for the cost
of health insurance coverage, including medical and dental insurance. Members shall
pay ten percent(10%)of the cost of coverage for whichever option they choose.
22.4 For regular, full-time employees, the City shall provide life insurance for the employee
with a policy amount equal to at least two (2)times the employee's annual salary not to
exceed$50,000.
22.5 The existing policy regarding retiree health benefits shall be continued for all
employees on the payroll as of the effective date of this Agreement except that
employees who retire after the date of implementation of this agreement, on reaching
Medicare eligibility, shall be responsible to pay 100% of the cost of City health
insurance coverage if they elect to continue City coverage.
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ARTICLE 23
SICK LEAVE
23.1 Employees will accrue sick leave in accordance with the Civil Service Administrative
Code for all employees as of August 1, 2012.
23.2 Employees will be approved to use sick time in accordance with the Civil Service
Administrative Code for all employees in effect as of August 1, 2012.
23.3 Employees who were on the payroll as of September 30, 2012 will be paid out for sick
leave in accordance with the Civil Service Administrative Code for all employees in
effect as of August 1, 2012;providing that
a) all employees hired before January 1, 1995 will be paid 100% of their sick time
accruals at time of termination.
b) all employees hired on or after October 1, 2012 will be eligible to receive only
fifty percent(50%)of sick time accruals at time of resignation or retirement.
23.4 Sick leave may not be"bought back".
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ARTICLE24
LEAVES OF ABSENCE
24.1 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.
24.2 Any employee member who is on 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).
24.3 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 in accordance with
Federal and State statutes at full pay, but must turn over to the City the amount of
compensation earned during this leave of absence.
24.4 Additional leaves of absence will be subject to state and federal law
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ARTICLE25
JURYDUTY
25.1 An employee who is legally summoned to serve on a jury shall be granted paid leave
provided such leave is reported in advance to the Department Head and the employee
provides documentation to Human Resources. In order to receive full pay for such
leave, the employee must remit payment received through the judicial system to the
Finance Department, however, the employee shall retain any compensation received
from the courts in connection with travel or expenses incurred.
25.2 If excused and/or released from jury duty,the employee should report for his/her regular
employment, provided, however, that at least four (4) hours remain during the regular
workday including travel time.
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ARTICLE26
BEREAVEMENTLEAVE
26.1 The Cityand the Union agree that upon the death of an immediate family member,gr r ythe
employee will be granted immediate time-off with pay, not to exceed five days.
26.2 It is agreed that the term "immediate family," means an employee's spouse, child,
parent, parent-in-law, sibling, step-child, grandparent, step-parent, step-sibling, half-
sibling, sibling-in-law, child-in-law, grandchild, step-grandchild or partner registered
under the Broward County Domestic Partnership Ordinance. In the event of divorce,
bereavement leave shall apply to the aforementioned individuals.
26.3 Bereavement pay will be subject to the review of the Department Director, and only
those days actually needed by the employee will be granted. Requests for bereavement
leave will not be unreasonably denied.
26.4 In the event of the death of a relative not specified herein,the Department Director may
authorize sick leave with pay at his discretion and with the approval of the Human
Resource Director.
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ARTICLE27
PERSONALDAY
27.1 Employees covered by this contract shall be entitled to three personal days per calendar
year in addition to posted holidays. Department head approval will be required for date
of use.
27.2 Any personal days not used within the calendar year will be lost.
27.3 For the first year of employment, regular full time employees hired on or before March
1 will be entitled to three (3 ) personal days. Employees hired March 2 thru May 31
will be entitled to two (2)personal days. Employees hired June 1 through September 30
will be entitled to one (1)personal days, Employees hired October 1 or later will not be
entitled to a personal day this calendar year.
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ARTICLE28
HOLIDAYS
The following paid holidays will be observed*:
2012/2013:
Veterans Day November 12, 2012 Monday
Thanksgiving Day November,22 2012 Thursday
Day after Thanksgiving November 23,2012 Friday
Christmas Eve December 24, 2012 Monday
Christmas Day December 25, 2012() ()Tuesday
New Year's Day January 1, 2012 () (12/31)
Martin Luther King's Day January 21,2013 Monday
Presidents' Day February 18, 2013 Monday
Memorial Day May 27,2013 Monday
Independence Day July 04, 2013 Thursday
Labor Day September 02,2013 Monday
* In accordance with 12.4 of the Civil Service Administrative Code,the Employee must work
the day before and after the holiday to be paid for the holiday
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ARTICLE29
VACATIONS
29.1 All employees covered by this Agreement shall accrue vacation leave in accordance
with the Civil Service Administrative Code as of August 1, 2012.
29.2 Accrued vacation balances will be paid out in accordance with the Civil Service
Administrative Code for all employees; providing that all employees hired before
January 1, 1995 will be paid 100%of their vacation time accruals at time of termination.
29.3. Vacation "buy backs" will be paid out in accordance with the Civil Service
Administrative Code for all employees.
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ARTICLE30
COMPENSATIONFORUSEOFPERSONAL VEHICLE
30.1 The City agrees to reimburse employees for travel expenses at the City's prevailing rate,
should the City request personal vehicle use.
30.2 Employees cannot be compelled to use their personal vehicle.
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ARTICLE31
EDUCATIONAL INCENTIVE
31.1 The City agrees to provide employees covered by this agreement educational assistance.
This assistance will be limited to nine credit hours and $250 toward books,per semester.
Programs available for reimbursement must be job related as determined by the
Department Director
31.2 The employee must complete the City's Educational Assistance Form prior to
registration to be eligible. The request must be approved by the Department Director,
Human Resource Director,Finance Director and City Manager.
31.3 To be eligible for reimbursement, the employee must obtain a grade of"C" or better for
each course and provide appropriate receipts and documentation.
31.4 If the employee separates from the City within two (2) years, they will be required to
reimburse the City for all educational assistance received within that particular year. The
City reserves the right to deduct reimbursements from any monies due to the employee
from the City, including but not limited to wages, severance, and cash value of any
unused vacation or leave time.
31.5Active participants in the DROP plan are not eligible for tuition reimbursement.
31.6 Employees will receive a one time $25 incentive regardless of the number of courses
completed,providing a passing grade is maintained in the course taken
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ARTICLE32
PENSION-RETIREE BENEFITS
32.1 The City and the Union agree to continue group insurance benefits to
retirees.
32.2 Pension and Retiree benefits are governed under City of Dania Beach Code of
Ordinances, Chapter 18
The City shall contribute 5% of the members' base pay to the General
Employees Retirement Plan which shall be in lieu of their wage increase for
1987-1988, and shall offset the employees' current contribution rate.
This five percent (5%) shall be paid directly (plus accrued interest) to members
upon termination of employment unless said termination is due to retirement or
the member has vested rights in the pension plan and elects to leave his/her funds
in the plan until he/she is eligible to select a retirement option.
32.3 A"DROP"plan will be effective October 1, 1994.
32.4 Effective October 1, 1995, employees received a 2.5%benefit accrual rate for all
service. The City will contribute not more than 3% toward this benefit
beginning October 1, 1996. If additional amounts are required these shall be
paid by the employees through payroll deduction.
32.5 Employees will be permitted to buy back up to 4 years of active duty time served
in the armed services. Employee shall bear all cost related to this item.
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32.6 Employees will be permitted to buy back previous years of service with the City on
terms worked out by the City and the Union. Employee shall bear all cost related to
this item.
32.7 Effective January 1, 1999, employees received a 3.0% fixed accrual rate for all
service. The City contributed 8.08% toward the cost of this benefit October 1,
1999 in the form of a pension supplement, which is considered employee
contribution in lieu of salary increase for the Fiscal year 1998-1999.
32.7 The parties agree that this article will be reopened for negotiation no later than June
12005 and will attempt to reach an agreement on a new pension article. If the
parties cannot reach an agreement on a new pension article, either party may
declare an impasse and utilize PERC statutes for impasse procedures upon giving a
thirty(30)day written notice to the other party.
32.8 Effective September 30, 2013, or upon the enactment of an appropriate ordinance
by the City Council, whichever is later,the defined benefit pension plan for general
employees will no longer offer the DROP option to employees in the defined
benefit pension plan for general employees.
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ARTICLE 33
SENIORITY
33.1 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.
33.2 Regular employees shall have a six (6) month probationary period for purposes
of seniority. During this probationary period, the employee shall have no
seniority rights. Upon the completion of the probationary period, the employee's
seniority shall be dated from date of hiring.
33.3 Departmental seniority is defined as the length of employment within the
employee's current department.
33.4 Classification seniority is defined as the length of employment within the
employee's current classification.
33.5 Seniority shall continue and accumulate during the following:
A. Illness under an approved sick leave.
B. Injury in the line of duty.
C. Authorized leaves of absences.
33.6 Employees shall lose seniority for the following reasons:
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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.
33.7 Departmental seniority will be given first consideration in hours of work, shift
assignment, vacation if qualified, overtime, subject to approval of department
head.
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ARTICLE34
SAVINGS CLAUSE
34.1 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.
34.2 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 35
WAGES
35.1 All employees on the payroll as of October 1, 2012 will receive a wage adjustment of
o
2.5/o(two and one-half percent)
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ARTICLE36
CROSS TRAINING
36.1 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
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as well as within other departments throughout the City exists.
36.2 The City and Union agree that those departments affected by the demonstrated need
for cross-training shall be allowed to do so even if the assigned cross-training
activities are outside the employees current job description and classification.
Employees affected shall also at times be required to perform cross-trained activities
in other than their "home" department. Article 18 of this Contract shall prevail where
applicable.
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ARTICLE 37
LAY-OFF AND BUMPING
37.1 Lay-offs will be in accordance with: (1) Seniority, and (2) Qualifications, in a
classification within a Department
37.2 When a lay-off takes place, it shall be accompanied by laying off temporary employees
first, provisional employees second, probationary employees third, and then permanent
employees, in accordance with the criteria established above.
37.3 The employer shall forward a list of those employees being laid off to the Local Union
when the notices are issued to the employees.
37.4 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 alower job classification
provided the bumping employee has greater seniority than the employee he bumps, has
the ability to perform the job, and is willing to work at the decreased rate of pay.
Qualification and ability to do the job shall be determined solely by management.
37.5 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.
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37.6 Recall rights for an employee shall expire after a period equal to his seniority, but in no
case more than one (1) year from the date of lay-off. Written notice of expiration of
recall rights shall be sent to the employee at his last known address by registered or
certified mail. No new employee shall be hired until all employees on lay-off who have
agreed to return to work have been recalled in the same classification. Probationary
employees have no recall rights.
37.7 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 38
PART-TIMEEMPLOYEES
Any and all sections of this Agreement between the General Employees and the City, apply
mainly to full-time regular employees. However, in order for the Public Employees Relations
Commission to approve the AFSCME as the exclusive bargaining unit for the General
Employees,part-time employees could not be excluded from the unit.
It is the position of the City to formally recognize part-time employees as members of the
unit.Any and all agreed upon wage adjustments throughout the current contract year will be
enjoyed by both full-time and part-time employees. The City and the Union agree that fringe
benefits (if any) provided to part time employees, including but not limited to, paid time off,
health insurance, education incentive, and pension will be determined by City policy and not
subject to the provisions of this agreement. Temporary employees shall earn no benefits except
as required by applicable state or federal law.
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ARTICLE 39
DRUG FREE AND ALCOHOL FREE
WORKPLACE POLICY
39.1 The City and the Union recognize that employee substance and alcohol abuse
has an adverse impact on City government, the image of City employees, the
general health, welfare and safety of employees, and to the general public at
large. Therefore, it is in the best interest of the parties to negotiate over the
subject of drug and alcohol testing.
39.2 Using, selling, possessing or being under the influence of drugs or controlled
substances is prohibited. "Under the influence" as used in this Article shall be
defined as those amounts of drugs, alcohol or controlled substances which are
specified within this Article and/or for which there are state and/or federal
standards. "Drugs or controlled substances" as used in this Article shall be
defined as illegal substances, controlled substances, substances which may
legally be prescribed but which were not prescribed for the particular employee
and/or prescribed drugs used by the particular employee in non-conformance
with the prescription. Employees are further prohibited from consuming alcohol
on duty and/or abusing alcohol off duty to the extent that such use and/or abuse
tends to have an effect upon the performance of their job functions.
39.3 The City has the right to randomly drug/alcohol test all bargaining unit
employees each calendar year, consistent with the City's Civil Service
Administrative Code (as amended). In addition to random testing, the City shall
apply the reasonable suspicion standard in ordering testing for drugs, alcohol or
controlled substances.
39.4. Testing for drugs or controlled substances shall be done through a blood and/or
urine analysis at the City's discretion. Testing for alcohol will be done through a
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blood analysis or through an intoxalyzer. Blood samples shall be taken to test
for alcohol and/or drugs or other substances where it is generally accepted by
medical and/or toxicological experts that testing for such substance is
insufficiently accurate through urine samples or where testing of the substance
through blood samples provides substantially greater accuracy. Urine sample
shall be collected under supervision of the medical laboratory personnel in the
following manner:
39.5 Urine sample collection will be unwitnessed unless there is a reason to believe
that a particular individual may alter or substitute the specimen to be provided.
39.6 Employees may inspect the container to be utilized for collection of the urine
sample and may request a substitute container.
39.7 Employees may observe the labeling, sealing and packaging for routing of their
urine samples by laboratory personnel.
39.8 A record of the "chain of custody" or urine specimens shall be maintained.
In the event a urine specimen is tested as positive under the drug testing screen,
as specified below, a portion of that sample shall be subjected to gas
chromatography/mass spectrophotometry (GC/MS) testing. If the GC/MS
confirmation test also is positive, the employee may request a portion of the
urine sample to be supplied to a qualified laboratory for independent analysis,
the cost of which will be paid by the employee.
39.9 All testing shall be done by a qualified laboratory with expertise in toxicology
testing and methodology. All positive test results shall be evaluated by a
certified toxicologist. All samples which test positive on a screening test shall be
confirmed by gas chromatography/mass spectrophotometry ("GC/MS").
Employees shall be required to document their legal drug and/or substance use,
as defined above, within twenty-four (24) hours after the specimen is donated.
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Test results shall be treated with the same confidentiality as other medical
records (except that they may be released to the employee; the Union [if
applicable]; in any proceedings held regarding any disciplinary action on account
of a positive drug test result; and to any governmental agency).
39.10 The standards to be used for employee drug testing are as follows:
DRUG TESTING STANDARDS
DRUG/METABOLITE SCREENING CONFIRMATION
TEST
Amphetamines 1000 ng/ml 500 ng/ml
Barbiturates 300 ng/ml 150 ng/ml
Benzodiazepines 300 ng/ml 150 ng/ml
Cocaine 300 ng/ml 150 ng/ml
Marijuana 100 ng/ml 15 ng/ml
Methaoualone 300 ng/ml 300 ng/ml
Opiates 300 ng/ml 300 ng/ml
Phencyclidine 25 ng/ml 25 ng/ml
Phopoxyphene 300 ng/ml 150 ng/ml
39.11 An employee will be considered to test positive for alcohol at the level equal to
or exceeding 0.04g%. Other drugs and substances may be tested for by the City
in its discretion. In that event,they will be tested at levels according to generally
accepted toxicology standards.
39.12 Each employee shall have the right to challenge the City's adherence to the
contractual requirements of drug testing set forth herein in the same manner that
the employee may grieve any managerial decision.
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39.13 Any discipline imposed for the employee's first offense shall be held in
abeyance pending voluntary completion by the employee of a substance abuse
treatment program,the cost of which shall be covered by the City (either through
the City's group health plan or independent of the plan if coverage is not
available). An employee, who fails to complete the entire rehabilitation
program, including follow-up care, may be immediately terminated. The City is
obligated to offer rehabilitation to an employee one time, future "relapses" will
be dealt with by immediate termination. While participating in the rehabilitation
program, the employee's absence from work will be charged against his/her
vacation balance. Once this balance is exhausted, the absences will be charged
against his/her sick time accrual balance. The employee will accrue vacation and
sick benefits for the first thirty (30) days of the absence. Accruals will cease on
the 31 st day of the absence, and will resume when the employee returns to active
duty. For the first two years following the employee's completion of the
rehabilitation program, the employee will be subject to drug testing at any time.
After two years, the employee will be subject to the City's adopted drug testing
policy.
39.14 It is recognized that technology may, from time to time, improve the type and/or
testing methods available for drug and/or alcohol testing. In that event, the City
may change its testing methods or procedures and the Union may challenge said
change through the grievance procedure if it believes the City acted arbitrarily
and capriciously.
39.15 An employee who refuses drug or alcohol testing may be subject to disciplinary
action up to and including termination.
39.16. The parties acknowledge that the City has a Drug Free/Alcohol Free Workplace
Policy. That policy applies City-wide. In the event of a conflict between that
policy and this Agreement,the terms of the Agreement will prevail.
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ARTICLE 40
LABOR MANAGEMENT COMMITTEE
40.1 The City and the Union agree to establish a labor-management committee. This
committee will be comprised of four (4) members. Two (2) members
representing management will be appointed by the City Manager. Two (2)
representatives of the Union will be chosen by the Union.
40.2 This Committee will meet quarterly, or upon request of either party.
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ARTICLE41
TERMOFAGREEMENT
41.1 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 upon ratification.
The Agreement shall continue in force until September 30,2013.
FOR THE CITY: WITNESSED:
MAYOR
CITY MANAGER
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FOR THE ASSOCIATION: WITNESSED:
PRESIDENT
COUNCIL REPRESENTATIVE
APPROVED FOR FORM AND CORRECTNESS:
CITY ATTORNEY
ATTESTED:
CITY CLERK
DATED:
H:\_GOV CLIENTS\DANIA BCH 614\110402\CONTRACTS\CBA Final 2012-2013(5).docx
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APPENDIX A:
PAY GRADE JOB ORDER LISTING
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