HomeMy WebLinkAboutR-2014-059 - Ratified Collective Bargaining Agreement Existing btw the City & AFSCME Florida Council 79, AFL-CIO Local 3535 for One Year Retroactive to October 1, 2013 up to September 30, 2014 RESOLUTION NO. 2014-059
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, RATIFYING THE COLLECTIVE BARGAINING
AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH,
FLORIDA, AND AFSCME FLORIDA COUNCIL 79, AFL-CIO LOCAL 3535
FOR A ONE (1) YEAR PERIOD RETROACTIVE TO OCTOBER 1, 2013 UP
TO AND THROUGH SEPTEMBER 30, 2014; AUTHORIZING THE PROPER
CITY OFFICIALS TO EXECUTE THE AGREEMENT; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Dania Beach, Florida, and AFSCME Florida Council 79, AFL-
CIO Local 3535 have concluded negotiations and reduced them to writing as set forth in the
attached Collective Bargaining Agreement; and
WHEREAS,the Agreement was ratified by the Florida Council 79, AFL-CIO Local 3535
on July 14, 2014; and
WHEREAS, the City Commission of the City of Dania Beach, Florida, deems it to be in
the best interest of the bargaining unit employees, the residents and citizens of the City to ratify
the Collective Bargaining Agreement, a copy of which ratified Agreement is attached as Exhibit
"A", and made a part of and incorporated into this Resolution by this reference;
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, and are made a part of and incorporated into this
Resolution by this reference.
Section 2. The City Commission approves the ratification of the Collective
Bargaining Agreement existing between the City of Dania Beach, Florida, and Florida Council
79, AFL-CIO Local 3535 for a one (1) year period retroactive to October 1, 2013 up to and
through September 30, 2014.
Section 3. That the City Manager and City Attorney are authorized to make minor
revisions to such Agreement as are deemed necessary and proper and in the best interest of the
City.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
I
Section 5. That this Resolution shall be.in force and take effect immediately upon its
passage and adoption; provided, however, that the ratified Collective Bargaining Agreement
shall be retroactive to October 1,2013.
PASSED and ADOPTED on July 22, 2014.
ATTEST: o���'S Flaw cry
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LOUISE STILSON CMC WALTER B. DUKE III
CITY CLERK gyp. MAYOR
A
APPROVED AST FORM CORRECTNESS:
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THOMAS J. ANSBRO
CITY ATTORNEY
2 RESOLUTION#2014-059
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE CITY OF DANIA BEACH
AND
AFSCME FLORIDA COUNCIL 79,AFL-CIO
LOCAL 35M
OCTOBER 1,2013
Tl,rouo
SEPTEMBER 30,2014
�000iu�e.nocx al l
Table of Contents
PREAMBLE..................................................................................................................................................................3
ARTICLE1 DEFINITIONS.........................................................................................................................................4
ARTICLE2 RECOGNITION......................................................................................................................................5
ARTICLE3 MANAGEMENT RIGHTS.....................................................................................................................7
ARTICLE4 UNION RIGHTS.....................................................................................................................................a
ARTICLE 5 NON-DISCRIMINATION CLAUSE......................................................................................................9
ARTICLE6 NO STRIKE..........................................................................................................................................10
ARTICLE7 DUES CHECKOFF..............................................................................................................................I I
ARTICLE8 UNION BUSINESS..............................................................................................................
ARTICLE9 UNION STEWARDS................................................................................................_. ................13
ARTICLE 10 ORIENTATION PROGRAM.............................................................................................................14
ARTICLE11 PHYSICAL EXAMINATIONS..........................................................................................................15
ARTICLE 12 WORKWEEK,BREAKS AND OVERTIME............................................................._.....................16
ARTICLE13 WORK RULES.................................................................................................._..............................18
ARTICLE 14 DISCIPLINE AND DISCHARGE..................................................................................._.................19
ARTICLE 15 GRIEVANCE PROCEDURES...........................................................................................................20
ARTICLE 16A PAY AND CLASSIFICATION.......................................................................................................24
ARTICLE 16B PERFORMANCE EVALUATIONS................................................................................................25
ARTICLE 17 VACANCIES&TRANSFERS...........................................................................................................27
ARTICLE 18 WORKINGOUTOFCLASSIFICATION............................................................................................29
ARTICLE19 UNIFORMS.....................................................................................................................................»..29
ARTICLE20 SAFETY............................................................................................................._..............................30
ARTICLE 21 WORKERS COMPENSATION.........................................................................................................31
ARTICLE22 GROUP INSURANCE......................................................................................................................32
ARTICLE23 SICK LEAVE...................................................................................................................................33
ARTICLE24 LEAVES OF ABSENCE................................................................................................................»..34
ARTICLE25 JURY DUTY.......................................................................................................................................35
ARTICLE26 BEREAVEMENT LEAVE..............................................................................................._................36
ARTICLE27 PERSONAL DAY...............................................................................................................................37
ARTICLE28 HOLIDAYS.........................................................................................................................................39
ARTICLE29 VACATIONS.................................................................................................................................._..39
ARTICLE 30 COMPENSATION FOR USE OF PERSONALVEHICLE................................................................40
ARTICLE31 EDUCATIONAL INCENTIVE.......................................................................................................:..41
ARTICLE 32 PENSION-RETIREE BENEFITS......................................................................................................42
ARTICLE33 SENIORITY.......................................................................................................................................44
ARTICLE34 SAVINGS CLAUSE...........................................................................................................................46
ARTICLE35 WAGES...............................................................................................................................................47
ARTICLE 36 CROSS TRAINING...........................................................................................................................48
ARTICLE 37 LAY-OFF AND BUMPING...............................................................................................................49
ARTICLE 38 PART-ITWE EMPLOYEES................................................................................................................51
ARTICLE 39 DRUG FREE AND ALCOHOL FREEWORKPLACE POLICY.......................................................52
ARTICLE 40 LABOR MANAGEMENT COMMITTEE.........................................................................................56
ARTICLE41 TERM OF AGREEMENT...................................................................................................................57
(0001U{.D=3) 2
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.
(0001"a =a) 3
ARTICLE 1
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. STRIICE 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.
(W0t UD0CX3) 4
ARTICLE 2
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 Marine Safety Officer
Accounting Technician I and II Meter Reader
Administrative Coordinator Occupational Licensing Coordinator
Administrative
stnativ Specialist I and II Occupational License Specialis
t
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
(0omua.n=3► 5
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.
(WO194a.nocx 3) 6
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.
taoou anocX3f 7
ARTICLE 4
UNION RIGHTS
4.1 The City agrees that Union officials on employee'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;
(c) post Union notices on appropriate bulletin boards.
(000134 DDCXa) 8
ARTICLE 5
NON-DISCRE IINATION 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 STRUM
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.
(000u.u.nooc 3) 10
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.
(oomr amcxa) 11
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
Representative shall notify the City's Human Resource Director, in writing (email is
acceptable) of such visit.
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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.
IWDI94u.nocx 31 15
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
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
(000uee.nocx s) 16
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.
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 action
up to and including termination for cause.
12.10 Upon separation, an employee's compensatory time shall be paid out at one hundred
percent.
{oomwa.nocx 3) 17
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 tern 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.
IOOOIMUDOCX 3E 18
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.
14.3 The employee being disciplined may ask for a Union representative to be present
at any step of the process outlined above.
(OW1$4U.D=s) 19
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
designee shall investigate the alleged grievance and shall within five (5)working
days of receipt of the written grievance, conduct a meeting between themselves,
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.
SteQ3: 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
PW1"UD=31 20
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)
workingdays following receipt
y wing rece p 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.
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.
(0001248 =31 21
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:
A. When either of the parties desire that an unresolved grievance be submitted to
arbitration, the matter shall be referred to the Federal Mediation Conciliation
Service with notification to the other party.
B. The 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:
(000u+WM=31 22
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.
[OOOIMY.D=3] 23
ARTICLE 16A
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
MAIM 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 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
i
Pw1"Umcx aJ 24
ARTICLE 16B
PERFORMANCE EVALUATIONS
16B.1 Employees will be eligible for written performance reviews annually on their
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.
16BA 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 ratingtratings 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.
16B.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.
16B.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
(000iu"DOD 3) 25
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.
10001$48$DOC8 3) 26
ARTICLE 17
VACANCIES & TRANSFERS
17.1 Vacancies and transfers shall be filled in accordance with Civil Service Administrative
Code 2004 and any future amendments.
(OOOIU D=s) 27
ARTICLE 18
WORIQNNGOUTOFCLASSIFICATION
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 mom,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.
(OOOI aeD=a) 29
ARTICLE 19
UNIFORMS
19.1 The City agrees to supply uniforms to employees required to wear than 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.
(000154U.nocx 3) 29
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.
(00019+t DOO(3) 30
' I
ARTICLE 21
WORKERS COMPENSATION
21.1 An employee inured on the job 'is entitled to all rights and privileges accorded to him/her
J Jpn eg
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. 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.
i
(OOUIUUDOCX a) 31
ARTICLE 22
GROUP INSURANCE
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. Effective
9/30/14,the employee cost will increase to 13%of the option the employee selects.
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.
tM1Unnocx 3) 32
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•10)of sick time accruals at time of resignation or retirement.
23.4 Sick leave may not be"bought back".
(000iaa.WU s) 33
ARTICLE 24
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
{aaou.u.D=3) 34
I
ARTICLE 25
JURY DUTY
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
Departtent, 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.
fM18MD=3) 35
ARTICLE 26
BEREAVEMENT LEAVE
26.1 The City and the Union agree that upon the death of an immediate family member,the
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.
(oomuu.nocx 3) 36
ARTICLE 27
PERSONAL DAY
27.1 Employees covered by this contract shall be entitled to three personal days per calendar
I 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.
JOWINUDOU s) 37
I
ARTICLE 28
HOLIDAYS
The following paid holidays will be observed*:
201=013•
Veterans Day
Thanksgiving Day
Day after'Thanksgiving
Christmas Eve
Christmas Day
New Year's Day
Martin Luther King's Day
Presidents'Day
Memorial Day
Independence Day
Labor Day
* 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.
i
i
II
I
(ODDIMUDOCX 31 38
ARTICLE 29
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 accnials at time of termination.
29.3. Vacation "buy backs" will be paid out in accordance with the Civil Service
Administrative Code for all employees.
taomeuanocx 3t 39
ARTICLE 30
COMPENSATION FOR USE OF PERSONALVEHICLE
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.
(0001 UDOM3) 40
ARTICLE 31
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
JOCOIUa.nocx 3{ 41
ARTICLE 32
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 1987-1989,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.
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.
faw]w.MOM 31. 42
32.7 The parties agree that this article will be reopened for negotiation no later than June
1 2005 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.
JWOI94UDOCX 3} 43
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:
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.
(MI94U.DOCX 3) 44
33.7 Departmental seniority will be given fast consideration in hours of work, shift
assignment, vacation if qualified, overtime, subject to approval of department
head.
(OWIB4 DOCX3) 45
ARTICLE 34
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.
1000184 i.DOCXIf 46
ARTICLE 35
WAGES
35.1 All employees on the payroll as of the date of ratification of this Agreement will receive
a wage adjustment of 2.5%(two and one-half percent)retroactive to Octoberl,2013.
(OOOIUU =3) 47
ARTICLE 36
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
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.
;aoou+aa nocx�; 49
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 a lower 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.
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.
10001MUDOM s) 49
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.
fOWIS a.nax3) 50
ARTICLE 38
PART-TEWE EMPLOYEES
Any and all sections of this Agreement between the General Employees and the City, apply
mainly to full-time regular employees. However, in order for the Public Employees Relations
Commission to approve the 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.
{000mn.00u n 51
ARTICLE 39
DRUG FREE AND ALCOHOL FREEWORKPLACE 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 fimctions.
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
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 un-witnessed unless there is a reason to believe
that a particular individual may alter or substitute the specimen to be provided
{000MUDOM 31 52
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/11VIS").
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. 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
(W01"KDOCC n1 53
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.
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 31t 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
�P Y g g
action up to and including termination.
(OWIMU OM 3) 54
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 tenns of the Agreement will prevail.
[000uesDOCX st 55
ARTICLE 40
LABOR MANAGEMENT CONEMMEE
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.
(ONIMM.DOCX 3) 56
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ARTICLE 41
TERM OF AGREEMENT
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.
TIM Agreement shall continue in force until September 30,2014.
(OWIMu.D=3) 57
FOR THE CITY: WITNESSED:
MAYOR
FOR ASSOC O WITNESSED:
PRES /
COUN REPRESENTATIVE
APPROVED FO RM AND CORRECTNESS:
'ClYY ATYORNJ
ATTESTED:
CITY CLERK
DATED:
(8WJ8 &D=3) 58
i
APPENDIX A:
PAY GRADE JOB ORDER LISTING
10001uUDOM 31 59
Current Pay Grade Order Job Listing 7/14/2014
Job Code Title FLSA Pay Plan Pay Grade Minimum Control/Mid Maximum
21, 26,868.01 32,195.28
22. .02 ;Z67:73 3344
61.0 CUSTODIAN N ' - G 15 22 583.02 28257.73 33,932.44
2#ti:. PERMTF'SE�t 'Gam= •1,�.. .:;22 {�.7
1 23,741.13 29,647.46 35, .79
OD
iI( RtKIUiP' TOR 1 N 23,744 l347 4H. ;'3 .T9
24 7 24 899.23 31,152.99 37,406.75
1Ei8 iIAE'ER REALER N 6 ;- -7 24W89923 31;452:99 87,40e.75
153 RECORDS SPECIALIST N G 17 24,899.23 31,152.99 37,406.75
525 SIMMER FQ Q TOR, K: G A . . .24AW23 $F ti52 9i3 37;4ti6.35;
A 1 26,173.15 32,658.53 39,143.91
101A ACCOUNTING 120 ADIOINISIRATWE`SPECIALISTI': N -G 18 26,173.15. 32,85853 : 39,.143 1`
196 CSA/PARKING OPERATIONS SPEC N G 18 26,173.15 32,658.53 39,143.91
1$0 CLI P hl!M,$ER\ACEREPRESENTATIVE N G 18 26,773.15 32,65�8.53 39,1431�1::
191 PARKING ENFORCEMENT OFFICER N G 18 28,173.15 32,658.53 39,143.91
it T:08 34;279:87` 41312
381 LANDSCAPE/GROUNDS TECH II N G 19 27,447.06 34,279.87 41,112.68
36I' hiT 111Ip .'KERIEQUIP OPI=RATOR 11 N Ea ` 19 :: 27,447�6 34.279 87. 41 412:88
385 PARKS AND GROUNDS TECHNICIAN N G 19 27.447.06 34,279.87 41,112.68
IC Ill G: 836: 38 364.48 43, .13
121 ADMINISTRATIVE SPECIALIST II N G 20 28,836.78 36,364.46 43,892.13 ,
410 UTILITIES hAEiyHANIC i N G 20. 2878368 ..."38;36446 43892,t3
1 30,342.32 38,275.33 46,208.34
CREWILEADERCREW LEADER CSA1BEAChiilV RiNA N G ; 21 30,342.32. 38,275:33 48,20l3 34'
383 LANDSCAPEIGROUNOS TECH III N G 21 30,342.32 38,275.33 46,208.34
31,73244 7°;39: 48 408..4
115 COMPLIANCE OFFICER N G 22 31,732.04 40,070.39 48,408.74
241 PERMIT SERVICE SPECIALIST :
N G' 22 31,73204 40070,. 48c406.74'
153A RECORDS SPECIALIST CITY CLERKMR N G 22 31,732.04 40,070.39 48,408.74
330 TRADES MECHANIC II N G 22 31,732:04 4fk070:39` 491400,74;
432 TREATMENT PLANT OPERATOR(C) N G 22 31,732.04 40,070.39 48,408.74
33,35339 4zo97.07 50;84o:76
BE
N G 23 33,353.39 42 097.07 50,840.76
380 IRRIGATION MECHANIC 23 33,353.39 42,097.07 ': 50,840.76
412 UTILITIES MECHANIC Ik-DISTRIBUTION N G 34,974.73 44,181.66 51 58
1AMOUNTING SPECIALIST— N G 24 34,974 73 44,181.65 53,388:58
111.- ADMFNiSTRATiVE:COOROINATOR 24 34,974.73 44,181.86 53,388.58
114 BUSINESS LICENSING COORDINATOR N G
205A CODE COMPIIANCE'COORDIN'TOR N G 24 34,974.73 44,1.81.66 53,388.58
194 DOCKMASTER N G 24 34,974.73 53,388.58
44,181.66
11113 :EXEC ASST TO OM DELETED UPGRADE to 2. E G
24 34;974 73 44,181.66 53;388.58
700 FLEET MECHANIC N G 24 34,974.73 "181.66 53.388.68
1108 HUMAN RESOURCE ASSISTANT N G 24 34,974.73 44,181.66 53.388.58
711 INSPECTION COORDINATOR
N G 24 34,974.73 44,181.66 53,388..
7i4 PERMIT COORDINATOR N G 24 , 34,974.,73 44.18t.66, 53,388:58
714 PERMITTING OFFICE SUPERVISOR N G 24 34,974.73 44,181.66 53,388.58
r22 ;RECRUIWT EN COORDINATOR N G 24 34,$74 73 94,18186 . 53 388.98
150 REVENUE COORDINATOR N G 24 34,974.73 44,181.66 53,388.58
4(1
N 4, 163 3W58
TESMEHIC:flEN UTIL 25 36,827.70 46,439.96 56,052.22
215 CODE N
217.'` LEAD.CODE INSPECTOR: N G 25 36,827.70 46,439:96 56�052:22
414 MA1NT EQUIP OPERATOR Ill N G 25 36,827.70 46,439.96 56,052.22
SUPER�/iSOR .BEACH LIFEGUARDS DELETE N G
25 36,827.7ff, _48,439.96 .`;56,062.22
431 TREATMENT PLANT OPERATOR (B) N G 25 36,827.70 46,439.96 56,052.22
38.880-67 48,814A7 58;947.48
162 DEPUTY CITY CLERK N G 26 38,680.67 48,814.07 58,947.48
Current Pay Grade Order Job Listing 7/14n014
Job Code Title FLSA Pay Plan Pay Grade Minimum Control/Mid Maximum
1 AC ftTIVE ASSISTANT T P.EG E1fE G 2 38;680.67 48 814 7 58,947.48
112 PLANNING ASSOCIATE DELETED N G 26 38,680.67 48,814.07 58,947.48
UTILI�'IE�1�fECI�iAMIC UI,SEWER. N G 26 38,68M 48;81407 58,947 48
300 FLEET MECHANIC/SERVICE COORDINATOR N G. 27 40,533.63 51,188.19 61,842.74
433 TRPATMEtd�PLP�N OPERATOR:(A N G' 27 4IT;533:63 $1,188.19 61,842474
104 ACCOUNTANT N G 28 42.618.22 54,315.07 66,011.91
13 0 AND PLANNING OPERATIONS MAN E G t '28 42,618.22" 54315.076,01"1.94
400 CHIEF TREATMENT PLANT OPERATOR E _ G, 28 42,618,22 54,315.07 66,011.91
154 LEGAL ASSISTANT . N G 28 -42,618.22 54 315.07 66,011.91
375 PARKS MAINTENANCE/LANDSCAPE SUPERV N G 28 42,618.22 54,315.07 66,011.91
376 PUBLIC WORKS.SUPERVISOR N G 28 42,618.22 54;315.07. 66,011.91
105b PURCHASING&CONTRACTS COOR N G 28 42,618.22 54,315.07 66,011.91
570 -RECREATION PROGRAi1kMANA�EFt E G -28 42,6a8.22 54,315:07 86,011•91
320 TRADES MAINTENANCE SUPERVISOR N G 28 42,618.22 54,315.07 66,011.91
:. U Lf31 14�tSF'ECT R
N G 29 44, :81 57.036.61 69,3 4—
G 29 44 702.81 57,036.61 69,370.42
5116 CHIEF OCEAN LIFEGUARD E ,
Bt0 BILLING&:COLLECTION ACCOU ING SUP F E G 30 47,01940f 59,93'TA7 72, 73
220 CODE COMPLIANCE MANAGER E G 30 47,019.01 59,931.87 72,844.73
425 ENGINEERING INSPECTOR E G 30 47,019:01 59,931.87" 72,844.73
920 FLEET MANAGER E G 30 47,019.01 59,931.87 72,844.73
-221 MANAGER CODE.COMPLIANCE E G 30 47,019.01' 59,931 87 72,844.73
910 Office Manager Public Services E G 30 47,019.01 59.931.87 72,844.73
249 - PLANNER E G 30 47,019.01 59,931A7 72,844 73
396 PUBLIC WORKS 8 UTILITIES MANAGER E G 30 47,019.01 59,931.87 72,844.73
104A'° SENIOR ACCOUNTANT E G 30 47,019.01 59,931.87 .72,844.73
174 TECHNICAL SUPPORT/WEBMASTER N G 30 47,019.01 59,931.87 72,844.73
240.. CHIEF ELECTR1C:'.-INSP.ECTnR N 31 49,335 22 62,885.03 76,434.85;
571 ASSISTANT DIRECTOR PARKS AND RECREA E G 32 51.767.24 66,011.91 80,256.59
820 BILLING&COLLECTION ACCOUNTING MANA( E G_ 32 i51,767.24 66,011.91. 80,256.59
124 MANAGER,HUMAN RESOURCES E G 32 51,767.24 66,011.91 80,256.59
250 PRINCIPAICITYPLRNNER E G 32 61,76.7.24: 66011.91 80256 59
800 CONTROLLER E G 34 57,094.52 72,786.82 88,479.13
900 ECONONNG'.<DEVELOPMENT MANAGER E G' 34 5T,094 52 72 786:82. 84,479.43.
11 124A MANAGER,HUMAN RESOURCESIRISK E G 34 57,094.52 72,788.82 88,479.13
420 .. .PUBLIC WORKS&-UTILITIES SUPERINTENDE.;__. E G, . 34 57,09452 72 786.82 884479.13
200 BUILDING OFFICIAL E G 35 62,885.03 81,009.36 99,133.68
CITY CLERK E -G 36 >: 62,88503 8100$.36 99,133.68
14b ASSISTANT FINANCE DIRECTOR E G 38 69,370.42 89,347.71 109,325.00
4 DIR,HR A RISK MANAGEMENT E G 39. 72,844.73 93,748.50 114,652:27
8 DIR,PARKS 8 RECREATION E G 39 72,844.73 93,748.50 114,652.27
test E G 39 72:844.73. 93,748,50 1.14,652.27
ATT CITY ATTORNEY: NEGOTIABLE NOT IN PLAN G 40 76,434.85 98,438.82 120,442.79
441 CITY ENGINEER ADDED 2011 E G 40 78 434.85 98,438.82 120,442.79
002 ASSISTANT CITY MANAGER E G 41 80,372.40 103,418.67 126,464.93
7 DIR,COMMUNITY..DEVELOPMENT E G 41 80,372.40 103,418.67 126,464.93
9 DIR,PUBLIC SERVICES E G 41 80,372.40 103,418.67 126,464.93
5 .DIRECTOR'FINANCE E G 41 80,372.40 -1'03;418.67 126,464.93:
001 CITY MANAGER: NEGOTIABLE NOT IN PLAN E G 42 84,309.95 108,572.23 132,834.50