HomeMy WebLinkAboutR-2016-022 Ratifies a Collective Bargaining Agreement with AFSCME Florida Council 79, AFL-CIO Local 3535 for a retroactive two year period (October 1, 2014 to September 30, 2016) RESOLUTION NO. 2016-022
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
RETROACTIVE TWO YEAR PERIOD OF OCTOBER 1, 2014 THROUGH
SEPTEMBER 30, 2016 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 bargaining negotiations 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 March 7, 2016; 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 the foregoing "WHEREAS" clauses are true, 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 retroactive two (2) year period of October 1, 2014 through September 30, 2016, 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are repealed to the extent of such conflict.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,
2014.
PASSED and ADOPTED on March 8, 2016.
ATTEST: o,�PcwIS Fi�Tc�r�
ter.
LOUISE STILSON, CMC NJAVCO A. SALVINO, SR.
CITY CLERK MAYOR
�rF'ORATED �9"'
APPROVED AS TO ND CORRECTNESS:
THOMA J. AN RO
CITY ATTORNEY
2 RESOLUTION 92016-022
Page I. of 65
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE CITY OF DANIA BEACH
AND
AFSCME FLORIDA COUNCIL 79,AFL-CIO
LOCAL 3535
OCTOBER 1, 2014
Through
SEPTEMBER 30,2016
(Two Year Term)
(00066858.17 614-1104020
Page 2 of 65
TABLE OF CONTENTS
PREAMBLE....................................................................................................................................... 3
ARTICLE1 DEFINITIONS...................................................................................................................4
ARTICLE2 RECOGNITION ............................................................................................................... 5
ARTICLE 3 MANAGEMENT RIGHTS................................................................................................. 6
ARTICLE 4 UNION AND STEWARDS RIGHTS AND TIME POOL........................................................ 7
ARTICLE 5 NON-DISCRIMINATION CLAUSE.................................................................................. 10
ARTICLE6 NO STRIKE ................................................................................................................... 11
ARTICLE7 DUES CHECK OFF......................................................................................................... 12
ARTICLE 8 ORIENTATION PROGRAM ............................................................................................ 13
ARTICLE 9 PHYSICAL EXAMINATIONS .......................................................................................... 14
ARTICLE 10 WORKWEEK, BREAKS AND OVERTIME..................................................................... 15
ARTICLE11 WORK RULES............................................................................................................. 17
ARTICLE 12 DISCIPLINE AND DISCHARGE..................................................................................... 18
ARTICLE 13 GRIEVANCE PROCEDURES......................................................................................... 19
ARTICLE 14 DISCIPLINARY APPEALS.............................................................................................23
ARTICLE 15 PAY AND CLASSIFICATION......................................................................................... 25
ARTICLE 16 PERFORMANCE EVALUATIONS................................................................................. 26
ARTICLE 17 VACANCIES&TRANSFERS......................................................................................... 28
ARTICLE 18 WORKING OUT OF CLASSIFICATION ........................................ ...............................29
ARTICLE 19 UNIFORMS ................................................................................. ........... 30
....................
ARTICLE 20 SAFETY.......................................................................................................................31
ARTICLE 21 WORKERS COMPENSATION......................................................................................32
ARTICLE 22 GROUP INSURANCE................................................................................................... 33
ARTICLE 23 SICK LEAVE ...................................................................................... .......34
...................
ARTICLE 24 LEAVES OF ABSENCE................................................................................................. 35
ARTICLE25 JURY DUTY................................................................................................................. 36
ARTICLE 26 BEREAVEMENT LEAVE................................................................................................ 38
ARTICLE 27 PERSONAL DAY..........................................................................................I...............39
ARTICLE 28 HOLIDAYS..................................................................................................................40
ARTICLE 29 VACATIONS ............................................................................................................... 41
ARTICLE 30 COMPENSATION FOR USE OF PERSONAL VEHICLE..................................................42
ARTICLE 31 EDUCATIONAL INCENTIVE.........................................................................................43
ARTICLE 32 PENSION-RETIREE BENEFITS.....................................................................................44
ARTICLE33 SENIORITY .................................................................................................................46
ARTICLE 34 SAVINGS CLAUSE.......................................................................................................47
ARTICLE35 WAGES ......................................................................................................................48
ARTICLE 36 CROSS-TRAINING.....................................................................................................49
ARTICLE 37 LAY-OFF AND BUMPING............................................................................................50
ARTICLE 38 PART-TIME EMPLOYEES............................................................................................ 51
ARTICLE 39 DRUG FREE AND ALCOHOL FREEWORKPLACE POLICY............................................. 52
ARTICLE 40 LABOR MANAGEMENT COMMITTEE........................................................................ 54
ARTICLE 41 TERM OF AGREEMENT..............................................................................................55
(00066858.17 614-1104020)
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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.
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ARTICLE 1
DEFINITIONS
1.1 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.
1.2 CITY/EMPLOYER shall hereinafter mean the City of Dania Beach.
1.3 TERM OFAGREEMENT shall mean the duration of the contract as defined by beginning
and ending dates.
1.4 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 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.
1.5. SENIORITY shall mean total amount of continuous service to the City.
1.6 CALL BACK is when an employee is called to return to work from home not on his/her
regularly assigned shift.
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ARTICLE 2
RECOGNITION
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 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
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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.
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ARTICLE 4
UNION AND STEWARDS RIGHTS AND TIME POOL
4.1 The City agrees that Union shall be allowed to post Union notices on appropriate
bulletin boards.
4.2 The City agrees to recognize the Union's officers and three (3) City Employee stewards,
designated by the Union, as agents of the Union. The Union shall furnish written notice
to the Department Head of the designated Union officers and stewards within three
days of ratification of this Agreement and when any change in designation is made
thereafter. The City recognizes the right of the Union to designate one (1) chief steward
from among the three (3) City Employee stewards. The authority of a Union steward to
act on behalf of and bind the Union is implied from their designation as Steward.
4.3 Union officials as designated above shall only be able to meet with City Employees in
non-work areas (i.e., break areas) and during non-work time. Nothing in this section
shall preclude or interfere with the City's right to control access to City facilities for
safety and/or security purposes.
4.4 The Chief Union Stewards or his/her designee may be granted time off during working
hours to engage in the following representative activities:
1. To attend a hearing related to a grievance and or arbitration.
2. To accompany an employee at a meeting when the employee has a reasonable
belief the employee is subject to disciplinary action.
3. When an Employee is attending a pre-determination hearing.
4. When participating in collective bargaining.
4.5 The CITY may stop the use of such time off and reschedule the event if it interferes with
productivity or manpower needs. However,the exercise of such right on the CITY'S part
shall not be arbitrary or capricious, nor shall it allow the CITY to proceed in a manner
that deprives the Employee of his or her right of representation.
4.6 No Employee shall engage in Union business while on duty except as referenced herein.
An Employee who violates the limitations on Union activity during working hours is
subject to disciplinary action.
4.7 Union stewards may use Union Time Pool time or unpaid leave in order that they may
attend conferences, seminars and similar events or other union activities related to their
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representative function provided the leave is requested in advance and does not
adversely affect the on-going day to day operations in the any department.
4.8 Stewards shall maintain and provide to the City a Union Business time-out slip that shall
be processed to show their accumulated hours used against the Union time pool.
4.9 The Local Union representative or his appointed designee shall be permitted access to
the City's premises that are not open to public access only by coordinating with and
obtaining written response (email correspondence will suffice) of the Human Resources
Director or Assistant City Manager.
UNION TIME POOL-FUNDING AND USE
4.10 Union stewards may use Union Time Pool time or unpaid leave in order that they may
attend conferences, seminars and similar events or other union activities related to their
representative function provided the leave is requested in advance and does not
adversely affect the on-going day to day operations in the any department.
4.11 Stewards shall maintain and provide to the City a Union Business time-out slip that shall
be processed to show their accumulated hours used against the Union time pool.
4.12 Employees may donate two (2) hours of vacation time to be set aside in a Union Time
Pool and subsequently used to permit designated Union stewards to engage in outside
Union conferences and training.
4.13 Donated time shall be transferred from the participating Employee's accrued vacation
(annual leave) bank within thirty (30) days of the ratification of this Agreement and
thereafter once each year during the repeat month of the initial transfer.
4.14 Time Pool hours shall roll over from one year to the next.
4.15 Union representation shall utilize the Union Time-Out slip when using Time Pool hours.
4.16 Union time pool hours shall only be used for a steward's leave from assigned regular
duties to engage in outside Union conferences and training.
100066858.17 614-11040201
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4.17 Union time pool hours shall be classified as paid leave from work but shall not count as
time worked for the purpose of calculating overtime.
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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
ORIENTATION PROGRAM
8.1 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 within ten days of hire.
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ARTICLE 9
PHYSICAL EXAMINATIONS
9.1 The City agrees to pay the actual cost, up to $500,for the cost of an employee's annual
voluntary physical exam unless otherwise covered by insurance.
9.2 No deductibles shall apply to the above benefit.
9.3 This dollar benefit is inclusive of all lab work,x-rays,etc.
9.4 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 10
WORKWEEK, BREAKS AND OVERTIME
10.1 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.
10.2. 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 may not use the two (2)
fifteen minute breaks at the end of the workday as such use interferes with the City's
ability to serve the public during customary City business hours. 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.
10.3 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 minute breaks shall be
considered as time worked. Sick leave will not count toward hours worked for overtime
pay purposes. All overtime shall be paid and no accrue of compensatory time is
permitted.
10.4. 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.
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10.5. 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.
10.6. An employee who is called to work more than 45 minutes after the end of 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.
10.7 "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.
10.8. 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.
10.9. Failure to report for mandatory overtime, when ordered, may result in disciplinary
action up to and including termination for cause.
(00066858.17 614-1104020
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ARTICLE 11
WORK RULES
11.1 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.
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ARTICLE 12
DISCIPLINE AND DISCHARGE
12.1. All employees with permanent or non-permanent status with the City may be
disciplined for "lust 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.
12.2. 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), and Dismissal.
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.
12.3 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 13
GRIEVANCE PROCEDURES
13.1 This grievance procedure is the exclusive method of resolving disputes other
than disciplinary appeal, relating to the application and interpretation of this
agreement. See Article 14 for Disciplinary Appeals process.
13.2 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.
13.3 STEPS FOR FILING GRIEVANCE
STEP 1:The grievant shall present orally his grievance to his immediate
supervisor within ten (10) working days of the occurrence or knowledge of the
occurrence of the 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 ten (10) 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 ten (10) 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 ten (10)
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 ten (10)working days following the meeting date.
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Step 3: If the decision reached in step 2 is not acceptable to the grievant, he/she
may, within ten (10) 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 ten (10) 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 ten (10) 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 ten (10) 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 ten (10)
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 ten (10) working days
following the meeting date.
13.4 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.
13.5 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.
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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 ten (10)
working days of the occurrence or knowledge of the occurrence giving
rise to the grievance.
13.6 If a grievance, as defined in this article, has not been satisfactorily resolved
within the grievance procedure, the grievant may request arbitration.
13.7. 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.
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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.
13.8 GENERAL PROVISIONS:
A. Local 3535 American Federation of State, County and Municipal
Employees,AFL-CIO, exercises rights granted under State Statute 447.401
and will not represent non-members of the union in the grievance
procedure. Any union member, if they elect to, shall have union
representation at any step of the grievance procedure and/or during
disciplinary proceedings.
B. For the purpose of this section, working day shall mean Monday through
Friday, excluding holidays.
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.
(00066858.17 614-1104020
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ARTICLE 14
DISCIPLINARY APPEALS
14.1 The City may discipline an Employee when the City determines that the Employee has
violated City or Departmental rules, regulations, orders or performance standards or
when the Employee has engaged in unethical or illegal activities. Neither counseling nor
instruction (verbal or written) are discipline but counseling or instruction can be used to
establish that an Employee has knowledge the Employee's conduct that gave rise to the
counseling or instruction is not proper. All discipline shall be in writing and shall be
provided to the Employee and shall be placed in the Employee's personnel file.
Discipline is deemed a proper exercise of managerial rights unless it is arbitrary,
capricious, or discriminatory but may be appealed as follows.
14.2. Discipline is classified as either major or minor as follows:
MAJOR: Termination
Demotion
Suspension without pay - more than three (3) days or a third
suspension without pay less than three days that occurs within 12
months of the prior two suspensions, starting with date of the
fi rst.
No Employee shall be subject to major discipline without first being afforded a pre-
determination conference with the City Manager. No pre-determination conference
shall be conducted with less than ten (10)calendar days' notice to the Employee.
MINOR: Written warning
Suspension without pay of three days or less.
14.3. Appeals of disciplinary action shall be handled as follows:
A. Major discipline may be by appeal to an arbitrator, by using the same procedure for
appointment of an arbitrator as set forth in Grievance Article above. The Union may
request review of the discipline by the City Manager provided it does so before the
ten (10) day time limit for requesting arbitration. If a meeting is requested, the ten
(10) time limit for requesting arbitration shall be abated. The request for
appointment of an arbitrator must be made in writing within ten (10) calendar days
of notice of the City's disciplinary action. The cost of the arbitration panel, if any,
shall be split by the City and thg Union equally.
[00066858.17 6141104020) Pi-
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B. The arbitrator may sustain, reverse, or modify the discipline set by the City Manager.
The decision of the arbitrator is final and binding on the parties.
C. Written reprimands may not be appealed but the Employee may submit a written
response provided the response is submitted within ten (10) days of the written
reprimand. If a written response is submitted by the Employee, it shall be attached
to the written reprimand and placed in the Employee's personnel file.
D. Suspensions without pay of three (3) days or less may be appealed to the City
Manager whose decision shall be final. An appeal shall be filed in writing within ten
(10) days of notice of the suspension without pay. The City Manager shall conduct
an investigation of the discipline and render a decision within twenty (20) days of
the appeal. The City Manager's decision may be to sustain, reverse, or modify the
discipline. In no event shall the City Manager's decision increase the discipline to
more than a suspension without pay of three (3) days. The City Manager may
conduct interviews with the grievant, departmental staff, or members of the
bargaining unit as part of his/her investigation of the discipline.
14.4 All prior discipline received by an Employee shall be considered when a new discipline is
contemplated, but not all prior discipline shall be given the same weight. By way of
example: The older a discipline, the less its weight. A pattern of discipline over a short
period of time has greater weight than sporadic discipline spread over an extended
period of time.
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ARTICLE 15
PAY AND CLASSIFICATION
15.1 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.
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ARTICLE 16
PERFORMANCE EVALUATIONS
16.1 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.
16.2 Performance will be evaluated using the appropriate City prescribed form.
16.3 Performance will be evaluated by the employee's immediate supervisor.
16.4 Employees are required to sign the performance evaluation form and return it within
ten (10) days of receipt.
16.5 The employee may dispute the Supervisor's evaluation and should not be required to
sign the performance evaluation until the dispute process is concluded.
16.6 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.
16.7 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.
16.8 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.
16.9 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 w it required to sign the evaluation upon receipt of
(00066858.17 614•1 I04020
Page 27 of 65
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.
16.10 Employees 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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ARTICLE 17
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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ARTICLE 18
WORKING OUT OF CLASSIFICATION
18.1 Employees designated by Department Heads, and with the written approval of the
Human Resource Director and Assistant City Manager, 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 assignment pay for the total time of temporary service, not to exceed a
maximum of 10% additional compensation beyond their regular wages. The
actual percentage increase is variable and dependent on nature of the work the
employee will be expected to do during the assignment. The more complex the
work the higher the assignment pay, not to exceed 10% or the maximum pay
grade for the job. 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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Page 32 of 65
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, 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.
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ARTICLE 22
GROUP INSURANCE
22.1 Bargaining unit employee may participate in the insurance programs the City offer to
other City employees.
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 Effective April 1, 2016, the employee cost of insurance will increase to 14% of cost 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.
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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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Page 35 of 65
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
(00066858-17 614-1104020 j
Page 36 of 65
ARTICLE 25
JURY DUTY
25.1 An employee who is legally summoned to serve on a jury shall be granted paid leave in
accordance with Broward County Code section 1-9 as shown below, 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.
BRO WARD COUNTY ORDINANCE—CHAPTER ONE—SECTION 1-9
Sec. 1-9. Compensation by employers to employees for jury service.
(a) This section shall be applicable to and govern all employers located or doing
business within Broward County who have employees summoned to jury service within
Broward County.
(b) No employer shall withhold wages or salary from o full-time employee summoned to
jury service because of the employee's absence from work on any day that the employee,
reports for jury duty, or serves as a juror or on a venire panel for a period not to exceed
five (5) working days, provided that the employee gives a copy of the summons to his or
her immediate supervisor within five (5) working days prior to the commencement of his
or her jury service and provided further that the employer can deny or withhold from the
employee's usual wages or salary an amount equal to the statutory fees to which the
employee is entitled for performing jury service or otherwise. This subsection includes a
full-time employee whose regular work schedule does not fall within the daily time
period for jury service. The full-time employee shall be excused from work by the
employer during each day the employee provides jury service, regardless of the regularly
scheduled time such employee reports to work, and shall be compensated by the
employer as provided for in this subsection.
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(c) Definitions:As used in this Section 1-9, the following terms shall have the meanings
respectively ascribed:
(1) Full-time employee shall mean an individual employed by an employer and regularly
scheduled to work at least thirty-five(35)hours per week.
(2) Jury service shall mean being summoned and reporting for jury service as well as
actual service on a jury, or summoned to sit on a venire panel.
(3) Wages or salary shall mean the employee's regular salary, draw, or compensation,
but does not include commissions, overtime pay, or compensation for more than eight
(8) working hours per day.
(d) Any person in violation of this section shall be punished as provided by law.
(Ord. No. 86-55, §§ 1-3, 10-14-86; Ord. No. 89-54, § 1, 12-12-89; Ord. No. 2002-63, § 1,
12-10-02)
(00066858.17614-)104020)
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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.
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ARTICLE 27
PERSONAL DAY
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 day, Employees hired October 1 or later will not be
entitled to a personal day this calendar year.
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ARTICLE 28
HOLIDAYS
The following paid holidays will be observed*:
Veterans Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
New Year's Day
Martin Luther King Jr. 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.
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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 1009,6' 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.
(00066959.17 614-1104020J
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ARTICLE 30
COMPENSATION FOR USE OF PERSONAL 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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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.
31.5 Active 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
100066858,17 614-1104020)
Page 44 of 65
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.
32.3 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.
32.4 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.
32.5 A"DROP" plan will be effective October 1, 1994.
32.6 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.
32.7 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.
32.8 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.
32.9 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.
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32.10 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.
(00066858.17614.1104020
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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 New hire Regular employees shall have a twelve (12) month probationary period and
promoted employees will 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 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.
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.
J00066858.17 614-1104020) \\
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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.
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ARTICLE 35
WAGES
35.1 YEAR ONE (10/1/2014-9/30/2015) All employees on the payroll as of the date of
ratification of this Agreement will receive a wage adjustment of 2.5% retroactive to
10/1/14.
35.2 YEAR TWO (10/1/2015-9/30/16) Effective 10/1/2015 or the date of ratification,whichever
occurs last,all employees will receive a 3% base wage increase.
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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 employee's 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.
37.5 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.
37.6 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.
37.7 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.
37.8 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. r,
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ARTICLE 38
PART-TIME EMPLOYEES
38.1 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.
38.2 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, 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 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 Except as modified herein, the City and Union agree to adhere to the drug testing
procedures set forth in Florida Statute 440.101 and 440.102. (See Appendix A)
39.3 The City has the right to randomly drug/alcohol test those employees in "mandatory
test" positions. In addition to random testing, the City shall apply the reasonable
suspicion standard in ordering testing for drugs, alcohol or controlled substances.
39.4. 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 but the rule "Obey first, Grieve later" shall apply to
any order to submit to a drug test.
39.5 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 315L 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.
39.6 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 cha a its
(00066858.17614-1104020
Page 53 of 65
testing methods or procedures and the Union may challenge said change through the
grievance procedure if it believes the City acted arbitrarily and capriciously.
39.7 An employee who refuses drug or alcohol testing will be terminated.
39.8 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.
100066858.17614-1104020}
Page 54 of 65
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.
V
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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.
41.2 The Agreement shall continue in force until September 30, 2016.
I
'7
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Page 56 of 65
CITY OF DANIA BEACH
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Ratified by the Collective Bargaining unit on
Ratified by the City Commission on
(00066859.17 614.11040201
Page 57 of 65
APPENDIX A
Current Pay Grade Order Job Listing-APSCME
Job Code Title FLSA Pay Plan Pay Grade Minimum Control/Mid Maximum
931 RECREATION ASSISTANT N G 14 23,310.17 29,075.04 34,839.91
140 ADMINISTRATIVE TECHNICIAN N G 15 24,438.08 30,578.93 36,719.78
'610 CUSTODIAN N G 15 24,438.08 30,578.93 36,719.78
'240 PERMIT SERVICE CLERK N G 15 24.438.08 30.578.93 36,719.78
'382 LANDSCAPEIGROUNDS TECH I N G 16 25,691.31 32 082.82 38,474.30
'360 MAINT WORKER/EQUIP OPERATOR I N G 16 25,691.31 32,082.82 38,474.30
2428 BUSINESS LICENSING SPECIAIIST N G '17 26,944,53 33712.02 40,479.49
108 METER READER N G '17 26,944.53 33,712.02 40,479.49
153 RECORDS SPECIALIST N G 17 26,944.53 33,712.02 40,479.49
'525 SUMMER FOOD COORDINATOR N G 17 26,944.53 33,712.02 40,479.49
120 ADMINISTRATIVE SPECIALIST I N G 18 28,323.11 35,341.23 42,359.33
190 CSA/PARKING OPERATIONS SPEC N G '18 28,323.11 35,34123 42,359.33
180 CUSTOMER SERVICE REPRESENTATIVE N G '18 28,323.11 35,341.23 42.359.33
191 PARKING ENFORCEMENT OFFICER N G 18 28,323.11 35,34123 42,359.33
'390 CEMETARYCARETAKER N G 19 29,701.65 37,095.76 44,489.83
'381 LANDSCAPE/GROUNDS TECH It N G '19 29,701.65 37,095.76 44,489.63
'361 MAINT WORKER/EQUIP OPERATOR II N G '19 29,701.65 37,095.76 44,489.83
'385 PARKS AND GROUNDS TECHNICIAN N G 19 29,701.65 37,095,76 44,489.83
102 ACCOUNTING TECHNICIAN II N G 20 31,205.54 39,351.58 47,497.59
121 ADMINISTRATIVE SPECIALIST II N G 20 31,205.54 39,351,58 47,497.59
'410 UTILITIES MECHANIC N G 20 31,205.54 39,351,58 47,497.59
329 CREWLEADER N G 21 32,834,75 41,419.42 50,004.07
'330 CREWLEADERCSA/BEACHAIARINA N G '21 32,834,75 41,419.42 50.004.07
'383 LANDSCAPE/GROUNDS TECH III N G '21 32,834.75 41,419.42 50,004D7
110 ADMINISTRATIVE ASSISTANT N G 22 34,338.64 43,361.92 52,385.21
115 COMPLIANCE OFFICER N G '22 34,338.64 43,361.92 52,38521
241 PERMIT SERVICE SPECIALIST N G 22 34,338.64 43,361.92 52,385.21
350 TRADES MECHANIC II N G 22 34,338.64 43,361.92 52,385.21
432 TR EATME NT PLANT OPERATOR(C) N G 22 34,33864 43,361.92 52,385.21
510 BEACH LIFEGUARD N G 23 36,093.16 45,555.08 55,017.01
380 IRRIGATION MECHANIC N G 23 36 093,16 45,555.08 55,017.01
412 UTILITIES MECHANIC II-DISTRIBUTION N G 23 36,093.16 45,555.08 55 017.01
103 ACCOUNTING SPECIALIST N G 24 37,847,69 47,810.91 57,774,12
111 ADMINISTRATIVE COORDINATOR N G 24 37,a47.69 47,810.91 57,774.12
114 BUSINESS LICENSING COORDINATOR N G 24 37847.69 47,810.91 57,774.12
205A CODE COMPLIANCE COORDINATOR N G 24 37,847.69 47,810.91 57,774.12
194 DOCKMASTER N G 24 37.847.69 47.810.91 57,774.12
700 FLEETMECHANIC N G 24 37,847.69 47,810-91 57,774.12
711 INSPECTION COORDINATOR N G 24 37,847.69 47,810.91 57,774.12
710 PERMIT COORDINATOR N G 24 37,847.69 47,810.91 57,774A2
150 REVENUE COORDINATOR N G 24 37,847.69 47,810.91 57,774.12
411 UTILITIES MECHANIC II-SEWER N G 24 37,847.69 47,810.91 57,774.12
215 CODE COMPLIANCE INSPECTOR N G 25 39,852.87 50,254.70 60,656.56
414 MAINTENANCE WORKER/EQUIPMENTOPERATOR III N G 25 39,852.87 50,254.70 60,656.56
511 SUPERVISOR,BEACH LIFEGUARDS DELETED N G 25 39,852.87 50,254.70 60,656.56
431 TREATMENT PLANT OPERATOR (B) N G 25 39,852,87 50.254 70 60,656.56
112 PLANNING ASSOCIATE N G 26 41,858.03 52,823.84 63,789.66
720 UTIL ITIES MECHANIC 111,SEWER N G 26 41,858.03 52.823.84 63,789.66
300 FLEET MECHANIC/SERVICECOORDINATOR N G 27 43,863.22 55,392.99 66,922.73
105b PURCHASING&CONTRACTS COOR N G 28 46.119.04 58,776 72 71,434.37
320 TRADES MAINTENANCE SUPERVISOR N G 28 46,119.04 58,776.72 71,434.37
201 BUILDING INSPECTOR N G 29 48,374.86 61,721.81 75,068.76
210 CHIEF ELECTRICAL INSPECTOR N G 31 53,387.80 68,050.64 82,713.50
NOTE: BOLDED POSITIONS ARE NO LONGER RECOGNIZED
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APPENDIX B
440.101 Legislative intent;drug-free workplaces.—
(1) It is the intent of the Legislature to promote drug-free workplaces in order that employers in the state be
afforded the opportunity to maximize their levels of productivity, enhance their competitive positions in the
marketplace, and reach their desired levels of success without experiencing the costs, delays, and tragedies
associated with work-related accidents resulting from drug abuse by employees. It is further the intent of the
Legislature that drug abuse be discouraged and that employees who choose to engage in drug abuse face the risk
of unemployment and the forfeiture of workers'compensation benefits.
(2) If an employer implements a drug-free workplace program in accordance with s. 440.102 which includes
notice, education, and procedural requirements for testing for drugs and alcohol pursuant to law or to rules
developed by the Agency for Health Care Administration,the employer may require the employee to submit to a
test for the presence of drugs or alcohol and,if a drug or alcohol is found to be present in the employee's system
at a level prescribed by rule adopted pursuant to this act,the employee may be terminated and forfeits his or her
eligibility for medical and indemnity benefits.However, a drug-free workplace program must require the employer
to notify all employees that it is a condition of employment for an employee to refrain from reporting to work or
working with the presence of drugs or alcohol in his or her body and,if an injured employee refuses to submit to a
test for drugs or alcohol,the employee forfeits eligibility for medical and indemnity benefits.
History.—s. 12,ch.90-201;s. 12,ch.91-1;s.8,ch.93-415;s.2,ch.96-289;s.1049,ch.97-103.
440.102 Drug-free workplace program requirements.—The following provisions apply to a drug-free workplace
program implemented pursuant to law or to rules adopted by the Agency for Health Care Administration:
(1) DEFINITIONS.—Except where the context otherwise requires,as used in this act:
(a) "Chain of custody"refers to the methodology of tracking specified materials or substances for the purpose of
maintaining control and accountability from initial collection to final disposition for all such materials or substances
and providing for accountability at each stage in handling, testing, and storing specimens and reporting test
results.
(b) "Confirmation test," "confirmed test,"or"confirmed drug test" means a second analytical procedure used to
identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific
principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity,
and quantitative accuracy.
(c) "Drug" means alcohol, including a distilled spirit, wine, a malt beverage, or an intoxicating liquor; an
amphetamine; a cannabinoid; cocaine; phencyclidine (PCP); a hallucinogen; methaqualone; an opiate; a
barbiturate;a benzodiazepine;a synthetic narcotic;a designer drug;or a metabolite of any of the substances listed
in this paragraph.An employer may test an individual for any or all of such drugs.
(d) "Drug rehabilitation program" means a service provider,established pursuant to s.397.311(33),that provides
confidential,timely,and expert identification,assessment,and resolution of employee drug abuse.
(e) "Drug test" or "test" means any chemical, biological, or physical instrumental analysis administered, by a
laboratory certified by the United States Department of Health and Human Services or licensed by the Agency for
Health Care Administration,for the purpose of determining the presence or absence of a drug or its metabolites.
(f) "Employee" means any person who works for salary,wages,or other remuneration for an employer.
(g) "Employee assistance program" means an established program capable of providing expert assessment of
employee personal concerns; confidential and timely identification services with regard to employee drug abuse;
referrals of employees for appropriate diagnosis, treatment, and assistance; and followup services for employees
who participate in the program or require monitoring after returning to work.If,in addition to the above activities,
an employee assistance program provides diagnostic and treatment services, these services shall in all cases be
provided by service providers pursuant to s.397.311(33).
(h) "Employer" means a person or entity that employs a person and that is covered by the Workers'
Compensation Law.
(i) "Initial drug test" means a sensitive, rapid, and reliable procedure to identify negative and presumptive
positive specimens, using an immunoassay procedure or an equivalent, or a more accurate scientifically accepted
method approved by the United States Food and Drug Administration or the Agency for Health Care
Administration as such more accurate technology becomes available in a cost-effective form.
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(j) "Job applicant" means a person who has applied for a position with an employer and has been offered
employment conditioned upon successfully passing a drug test, and may have begun work pending the results of
the drug test. For a public employer, "job applicant" means only a person who has applied for a special-risk or
mandatory-testing position.
(k) "Medical review officer" or "MRO" means a licensed physician, employed with or contracted with an
employer, who has knowledge of substance abuse disorders, laboratory testing procedures, and chain of custody
collection procedures;who verifies positive, confirmed test results;and who has the necessary medical training to
interpret and evaluate an employee's positive test result in relation to the employee's medical history or any other
relevant biomedical information.
(1) "Prescription or nonprescription medication" means a drug or medication obtained pursuant to a prescription
as defined by s.893.02 or a medication that is authorized pursuant to federal or state law for general distribution
and use without a prescription in the treatment of human diseases,ailments,or injuries.
(m) "Public employer" means any agency within state,county,or municipal government that employs individuals
for a salary,wages,or other remuneration.
(n) "Reasonable-suspicion drug testing" means drug testing based on a belief that an employee is using or has
used drugs in violation of the employer's policy drawn from specific objective and articulable facts and reasonable
inferences drawn from those facts in light of experience. Among other things, such facts and inferences may be
based upon:
1. Observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or
manifestations of being under the influence of a drug.
2. Abnormal conductor erratic behavior while at work or a significant deterioration in work performance.
3. A report of drug use,provided by a reliable and credible source.
4. Evidence that an individual has tampered with a drug test during his or her employment with the current
employer.
5. Information that an employee has caused,contributed to,or been involved in an accident while at work.
6. Evidence that an employee has used,possessed,sold,solicited,or transferred drugs while working or while on
the employer's premises or while operating the employer's vehicle, machinery,or equipment.
(o) "Mandatory-testing position" means, with respect to a public employer, a job assignment that requires the
employee to carry a firearm, work closely with an employee who carries a firearm, perform life-threatening
procedures, work with heavy or dangerous machinery, work as a safety inspector,work with children, work with
detainees in the correctional system, work with confidential information or documents pertaining to criminal
investigations, work with controlled substances, or a job assignment that requires an employee security
background check, pursuant to s. 110.1127, or a job assignment in which a momentary lapse in attention could
result in injury or death to another person.
(p) "Special-risk position" means, with respect to a public employer, a position that is required to be filled by a
person who is certified under chapter 633 or chapter 943.
(q) "Specimen"means tissue,hair, or a product of the human body capable of revealing the presence of drugs or
their metabolites,as approved by the United States Food and Drug Administration or the Agency for Health Care
Administration.
(2) DRUG TESTING.—An employer may test an employee or job applicant for any drug described in paragraph
(1)(c). In order to qualify as having established a drug-free workplace program under this section and to qualify for
the discounts provided under s. 627.0915 and deny medical and indemnity benefits under this chapter, an
employer must,at a minimum, implement drug testing that conforms to the standards and procedures established
in this section and all applicable rules adopted pursuant to this section as required in subsection (4). However, an
employer does not have a legal duty under this section to request an employee or job applicant to undergo drug
testing. If an employer fails to maintain a drug-free workplace program in accordance with the standards and
procedures established in this section and in applicable rules, the employer is ineligible for discounts under s.
627.0915. However, an employer qualifies for discounts under s. 627.0915 if the employer maintains a drug-free
workplace program that is broader in scope than that provided for by the standards and procedures established in
this section. An employer who qualifies for and receives discounts provided under s. 627.0915 must be reported
annually by the insurer to the department.
(3) NOTICE TO EMPLOYEES AND JOB APPLICANTS.—
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Page 60 of 65
(a) One time only, prior to testing, an employer shall give all employees and job applicants for employment a
written policy statement which contains:
1. A general statement of the employer's policy on employee drug use,which must identify:
a. The types of drug testing an employee or job applicant may be required to submit to, including reasonable-
suspicion drug testing or drug testing conducted on any other basis.
b. The actions the employer may take against an employee or job applicant on the basis of a positive confirmed
drug test result.
2. A statement advising the employee or job applicant of the existence of this section.
3. A general statement concerning confidentiality.
4. Procedures for employees and job applicants to confidentially report to a medical review officer the use of
prescription or nonprescription medications to a medical review officer both before and after being tested.
S. A list of the most common medications,by brand name or common name,as applicable,as well as by chemical
name,which may alter or affect a drug test.A list of such medications as developed by the Agency for Health Care
Administration shall be available to employers through the department.
6. The consequences of refusing to submit to a drug test.
7. A representative sampling of names,addresses,and telephone numbers of employee assistance programs and
local drug rehabilitation programs.
8. A statement that an employee or job applicant who receives a positive confirmed test result may contest or
explain the result to the medical review officer within 5 working days after receiving written notification of the test
result; that if an employee's or job applicant's explanation or challenge is unsatisfactory to the medical review
officer,the medical review officer shall report a positive test result back to the employer; and that a person may
contest the drug test result pursuant to law or to rules adopted by the Agency for Health Care Administration.
9. A statement informing the employee or job applicant of his or her responsibility to notify the laboratory of any
administrative or civil action brought pursuant to this section.
10. A list of all drugs for which the employer will test,described by brand name or common name,as applicable,
as well as by chemical name.
11. A statement regarding any applicable collective bargaining agreement or contract and the right to appeal to
the Public Employees Relations Commission or applicable court.
12. A statement notifying employees and job applicants of their right to consult with a medical review officer for
technical information regarding prescription or nonprescription medication.
(b) An employer not having a drug-testing program shall ensure that at least 60 days elapse between a general
one-time notice to all employees that a drug-testing program is being implemented and the beginning of actual
drug testing.An employer having a drug-testing program in place prior to July 1, 1990,is not required to provide a
60-day notice period.
(c) An employer shall include notice of drug testing on vacancy announcements for positions for which drug
testing is required. A notice of the employer's drug-testing policy must also be posted in an appropriate and
conspicuous location on the employer's premises, and copies of the policy must be made available for inspection
by the employees or job applicants of the employer during regular business hours in the employer's personnel
office or other suitable locations.
(4) TYPES OF TESTING.—
(a) An employer is required to conduct the following types of drug tests:
1. Job applicant drug testing.—An employer must require job applicants to submit to a drug test and may use a
refusal to submit to a drug test or a positive confirmed drug test as a basis for refusing to hire a job applicant.
2. Reasonable-suspicion drug testing.—An employer must require an employee to submit to reasonable-
suspicion drug testing.
3. Routine fitness-for-duty drug testing.—An employer must require an employee to submit to a drug test if the
test is conducted as part of a routinely scheduled employee fitness-for-duty medical examination that is part of the
employer's established policy or that is scheduled routinely for all members of an employment classification or
group.
4. Followup drug testing.—If the employee in the course of employment enters an employee assistance program
for drug-related problems,or a drug rehabilitation program,the employer must require the employee to submit to
a drug test as a followup to such program, unless the employee voluntarily entered the program. In those cases,
the employer has the option to not require followup testing. If followup testing is required, it must be conducted
)000668%17 614-1 104020)
Page 61 of 65
at least once a year for a 2-year period after completion of the program.Advance notice of a followup testing date
must not be given to the employee to be tested.
(b) This subsection does not preclude a private employer from conducting random testing, or any other lawful
testing,of employees for drugs.
(c) Limited testing of applicants, only if it is based on a reasonable classification basis, is permissible in
accordance with law or with rules adopted by the Agency for Health Care Administration.
(5) PROCEDURES AND EMPLOYEE PROTECTION.—All specimen collection and testing for drugs under this section
shall be performed in accordance with the following procedures:
(a) A sample shall be collected with due regard to the privacy of the individual providing the sample, and in a
manner reasonably calculated to prevent substitution or contamination of the sample.
(b) Specimen collection must be documented,and the documentation procedures shall include:
1. Labeling of specimen containers so as to reasonably preclude the likelihood of erroneous identification of test
results.
2. A form for the employee or job applicant to provide any information he or she considers relevant to the test,
including identification of currently or recently used prescription or nonprescription medication or other relevant
medical information.The form must provide notice of the most common medications by brand name or common
name, as applicable, as well as by chemical name, which may alter or affect a drug test. The providing of
information shall not preclude the administration of the drug test, but shall be taken into account in interpreting
any positive confirmed test result.
(c) Specimen collection, storage, and transportation to the testing site shall be performed in a manner that
reasonably precludes contamination or adulteration of specimens.
(d) Each confirmation test conducted under this section,not including the taking or collecting of a specimen to be
tested,shall be conducted by a licensed or certified laboratory as described in subsection(9).
(e) A specimen for a drug test maybe taken or collected by any of the following persons:
1. A physician, a physician assistant, a registered professional nurse, a licensed practical nurse, or a nurse
practitioner or a certified paramedic who is present at the scene of an accident for the purpose of rendering
emergency medical service or treatment.
2. A qualified person employed by a licensed or certified laboratory as described in subsection(9).
(f) A person who collects or takes a specimen for a drug test shall collect an amount sufficient for two drug tests
as determined by the Agency for Health Care Administration.
(g) Every specimen that produces a positive,confirmed test result shall be preserved by the licensed or certified
laboratory that conducted the confirmation test for a period of at least 210 days after the result of the test was
mailed or otherwise delivered to the medical review officer. However,if an employee or job applicant undertakes
an administrative or legal challenge to the test result,the employee or job applicant shall notify the laboratory and
the sample shall be retained by the laboratory until the case or administrative appeal is settled.During the 180-day
period after written notification of a positive test result, the employee or job applicant who has provided the
specimen shall be permitted by the employer to have a portion of the specimen retested,at the employee's or job
applicant's expense, at another laboratory, licensed and approved by the Agency for Health Care Administration,
chosen by the employee or job applicant. The second laboratory must test at equal or greater sensitivity for the
drug in question as the first laboratory.The first laboratory that performed the test for the employer is responsible
for the transfer of the portion of the specimen to be retested, and for the integrity of the chain of custody during
such transfer.
(h) Within 5 working days after receipt of a positive confirmed test result from the medical review officer, an
employer shall inform an employee or job applicant in writing of such positive test result, the consequences of
such results, and the options available to the employee or job applicant. The employer shall provide to the
employee or job applicant,upon request,a copy of the test results.
(i) Within 5 working days after receiving notice of a positive confirmed test result,an employee or job applicant
may submit information to the employer explaining or contesting the test result, and explaining why the result
does not constitute a violation of the employer's polity.
0) The employee's or job applicant's explanation or challenge of the positive test result is unsatisfactory to the
employer, a written explanation as to why the employee's or job applicant's explanation is unsatisfactory, along
with the report of positive result,shall be provided by the employer to the employee or job applicant;and all such
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Page 62 of 65
documentation shall be kept confidential by the employer pursuant to subsection (8) and shall be retained by the
employer for at least 1 year.
(k) An employer may not discharge, discipline, refuse to hire, discriminate against, or request or require
rehabilitation of an employee or job applicant on the sole basis of a positive test result that has not been verified
by a confirmation test and by a medical review officer.
(1) An employer that performs drug testing or specimen collection shall use chain-of-custody procedures
established by the Agency for Health Care Administration to ensure proper recordkeeping,handling, labeling, and
identification of all specimens tested.
(m) An employer shall pay the cost of all drug tests, initial and confirmation, which the employer requires of
employees. An employee or job applicant shall pay the costs of any additional drug tests not required by the
employer.
(n) An employer shall not discharge, discipline, or discriminate against an employee solely upon the employee's
voluntarily seeking treatment, while under the employ of the employer, for a drug-related problem if the
employee has not previously tested positive for drug use, entered an employee assistance program for drug-
related problems, or entered a drug rehabilitation program. Unless otherwise provided by a collective bargaining
agreement, an employer may select the employee assistance program or drug rehabilitation program if the
employer pays the cost of the employee's participation in the program.
(o) If drug testing is conducted based on reasonable suspicion,the employer shall promptly detail in writing the
circumstances which formed the basis of the determination that reasonable suspicion existed to warrant the
testing.A copy of this documentation shall be given to the employee upon request and the original documentation
shall be kept confidential by the employer pursuant to subsection(8)and shall be retained by the employer for at
least 1 year.
(p) All authorized remedial treatment, care, and attendance provided by a health care provider to an injured
employee before medical and indemnity benefits are denied under this section must be paid for by the carrier or
self-insurer. However, the carrier or self-insurer must have given reasonable notice to all affected health care
providers that payment for treatment, care,and attendance provided to the employee after a future date certain
will be denied. A health care provider,as defined in s. 440.13(1)(g),that refuses,without good cause,to continue
treatment, care, and attendance before the provider receives notice of benefit denial commits a misdemeanor of
the second degree,punishable as provided in s.775.082 or s.775.083.
(6) CONFIRMATION TESTING.—
(a) If an initial drug testis negative,the employer may in its sole discretion seek a confirmation test.
(b) Only licensed or certified laboratories as described in subsection(9)may conduct confirmation drug tests.
(c) All positive initial tests shall be confirmed using gas chromatography/mass spectrometry (GC/MS) or an
equivalent or more accurate scientifically accepted method approved by the Agency for Health Care
Administration or the United States Food and Drug Administration as such technology becomes available in a cost-
effective form.
(d) If an initial drug test of an employee or job applicant is confirmed as positive,the employer's medical review
officer shall provide technical assistance to the employer and to the employee or job applicant for the purpose of
interpreting the test result to determine whether the result could have been caused by prescription or
nonprescription medication taken by the employee or job applicant.
(7) EMPLOYER PROTECTION.—
(a) An employee or job applicant whose drug test result is confirmed as positive in accordance with this section
shall not, by virtue of the result alone, be deemed to have a "handicap" or"disability" as defined under federal,
state,or local handicap and disability discrimination laws.
(b) An employer who discharges or disciplines an employee or refuses to hire a job applicant in compliance with
this section is considered to have discharged,disciplined,or refused to hire for cause.
(c) No physician-patient relationship is created between an employee or job applicant and an employer or any
person performing or evaluating a drug test, solely by the establishment, implementation, or administration of a
drug-testing program.
(d) Nothing in this section shall be construed to prevent an employer from establishing reasonable work rules
related to employee possession, use, sale, or solicitation of drugs, including convictions for drug-related offenses,
and taking action based upon a violation of any of those rules.
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(e) This section does not operate retroactively, and does not abrogate the right of an employer under state law
to conduct drug tests, or implement employee drug-testing programs; however, only those programs that meet
the criteria outlined in this section qualify for reduced rates under s.627.0915.
(f) If an employee or job applicant refuses to submit to a drug test,the employer is not barred from discharging
or disciplining the employee or from refusing to hire the job applicant. However,this paragraph does not abrogate
the rights and remedies of the employee or job applicant as otherwise provided in this section.
(g) This section does not prohibit an employer from conducting medical screening or other tests required,
permitted, or not disallowed by any statute, rule, or regulation for the purpose of monitoring exposure of
employees to toxic or other unhealthy substances in the workplace or in the performance of job responsibilities.
Such screening or testing is limited to the specific substances expressly identified in the applicable statute,rule,or
regulation,unless prior written consent of the employee is obtained for other tests.Such screening or testing need
not be in compliance with the rules adopted by the Agency for Health Care Administration under this chapter or
under s. 112.0455.A public employer may,through the use of an unbiased selection procedure, conduct random
drug tests of employees occupying mandatory-testing or special-risk positions if the testing is performed in
accordance with drug-testing rules adopted by the Agency for Health Care Administration and the department.
(h) No cause of action shall arise in favor of any person based upon the failure of an employer to establish a
program or policy for drug testing.
(8) CONFIDENTIALITY.—
(a) Except as otherwise provided in this subsection,all information, interviews,reports,statements,memoranda,
and drug test results, written or otherwise, received or produced as a result of a drug-testing program are
confidential and exempt from the provisions of s. 119.07(1)and s. 24(a), Art. I of the State Constitution, and may
not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceedings,
except in accordance with this section or in determining compensability under this chapter.
(b) Employers, laboratories, medical review officers, employee assistance programs, drug rehabilitation
programs,and their agents may not release any information concerning drug test results obtained pursuant to this
section without a written consent form signed voluntarily by the person tested, unless such release is compelled
by an administrative law judge,a hearing officer, or a court of competent jurisdiction pursuant to an appeal taken
under this section or is deemed appropriate by a professional or occupational licensing board in a related
disciplinary proceeding.The consent form must contain,at a minimum:
1. The name of the person who is authorized to obtain the information.
2. The purpose of the disclosure.
3. The precise information to be disclosed.
4. The duration of the consent.
5. The signature of the person authorizing release of the information.
(c) Information on drug test results shall not be used in any criminal proceeding against the employee or job
applicant.Information released contrary to this section is inadmissible as evidence in any such criminal proceeding.
(d) This subsection does not prohibit an employer, agent of an employer, or laboratory conducting a drug test
from having access to employee drug test information or using such information when consulting with legal
counsel in connection with actions brought under or related to this section or when the information is relevant to
its defense in a civil or administrative matter.
(9) DRUG-TESTING STANDARDS FOR LABORATORIES.—
(a) The requirements of part II of chapter 408 apply to the provision of services that require licensure pursuant to
this section and part II of chapter 408 and to entities licensed by or applying for such licensure from the agency
pursuant to this section. A license issued by the agency is required in order to operate a drug-free workplace
laboratory.
(b) A laboratory may analyze initial or confirmation test specimens only if:
1. The laboratory obtains a license under part II of chapter 408 and s. 112.0455(17). Each applicant for licensure
and each licensee must comply with all requirements of this section,part II of chapter 408,and applicable rules.
2. The laboratory has written procedures to ensure the chain of custody.
3. The laboratory follows proper quality control procedures,including,but not limited to:
a. The use of internal quality controls, including the use of samples of known concentrations which are used to
check the performance and calibration of testing equipment, and periodic use of blind samples for overall
accuracy.
{00066858.17614-1104020
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b. An internal review and certification process for drug test results, conducted by a person qualified to perform
that function in the testing laboratory.
c. Security measures implemented by the testing laboratory to preclude adulteration of specimens and drug test
results.
d. Other necessary and proper actions taken to ensure reliable and accurate drug test results.
(c) A laboratory shall disclose to the medical review officer a written positive confirmed test result report within
7 working days after receipt of the sample.All laboratory reports of a drug test result must,at a minimum,state:
1. The name and address of the laboratory that performed the test and the positive identification of the person
tested.
2. Positive results on confirmation tests only,or negative results,as applicable.
3. A list of the drugs for which the drug analyses were conducted.
4. The type of tests conducted for both initial tests and confirmation tests and the minimum cutoff levels of the
tests.
5. Any correlation between medication reported by the employee or job applicant pursuant to subparagraph
(5)(b)2.and a positive confirmed drug test result.
A report must not disclose the presence or absence of any drug other than a specific drug and its metabolites listed
pursuant to this section.
(d) The laboratory shall submit to the Agency for Health Care Administration a monthly report with statistical
information regarding the testing of employees and job applicants. The report must include information on the
methods of analysis conducted,the drugs tested for, the number of positive and negative results for both initial
tests and confirmation tests, and any other information deemed appropriate by the Agency for Health Care
Administration.A monthly report must not identify specific employees or job applicants.
(10) RULES.—The Agency for Health Care Administration shall adopt rules pursuant to s. 112.0455, part II of
chapter 408, and criteria established by the United States Department of Health and Human Services as general
guidelines for modeling drug-free workplace laboratories,concerning,but not limited to:
(a) Standards for licensing drug-testing laboratories and suspension and revocation of such licenses.
(b) Urine,hair,blood,and other body specimens and minimum specimen amounts that are appropriate for drug
testing.
(c) Methods of analysis and procedures to ensure reliable drug-testing results,including standards for initial tests
and confirmation tests.
(d) Minimum cutoff detection levels for each drug or metabolites of such drug for the purposes of determining a
positive test result.
(e) Chain-of-custody procedures to ensure proper identification,labeling,and handling of specimens tested.
(f) Retention,storage,and transportation procedures to ensure reliable results on confirmation tests and retests.
(11) PUBLIC EMPLOYEES IN MANDATORY-TESTING OR SPECIAL-RISK POSITIONS.—
(a) If an employee who is employed by a public employer in a mandatory-testing position enters an employee
assistance program or drug rehabilitation program, the employer must assign the employee to a position other
than a mandatory-testing position or, if such position is not available, place the employee on leave while the
employee is participating in the program. However, the employee shall be permitted to use any accumulated
annual leave credits before leave may be ordered without pay.
(b) An employee who is employed by a public employer in a special-risk position maybe discharged or disciplined
by a public employer for the first positive confirmed test result if the drug confirmed is an illicit drug under s.
893.03. A special-risk employee who is participating in an employee assistance program or drug rehabilitation
program may not be allowed to continue to work in any special-risk or mandatory-testing position of the public
employer,but may be assigned to a position other than a mandatory-testing position or placed on leave while the
employee is participating in the program. However, the employee shall be permitted to use any accumulated
annual leave credits before leave may be ordered without pay.
(12) DENIAL OF BENEFITS.—An employer shall deny an employee medical or indemnity benefits under this
chapter, pursuant to this section.
(13) COLLECTIVE BARGAINING RIGHTS.—
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(a) This section does not eliminate the bargainable rights as provided in the collective bargaining process if
applicable.
(b) Drug-free workplace program requirements pursuant to this section shall be a mandatory topic of
negotiations with any certified collective bargaining agent for nonfederal public sector employers that operate
under a collective bargaining agreement.
(14) APPLICABILITY.—A drug testing policy or procedure adopted by an employer pursuant to this chapter shall
be applied equally to all employee classifications where the employee is subject to workers' compensation
coverage.
(15) STATE CONSTRUCTION CONTRACTS.—Each construction contractor regulated under part I of chapter 489,
and each electrical contractor and alarm system contractor regulated under part If of chapter 489,who contracts
to perform construction work under a state contract for educational facilities governed by chapter 1013,for public
property or publicly owned buildings governed by chapter 255, or for state correctional facilities governed by
chapter 944 shall implement a drug-free workplace program under this section.
History.—s. 13,ch.90-201;s. 13,ch.91-1;s. 1,ch.91-201;s.4,ch.91-429;s.9,ch.93-415;s.3,ch.95-119;s.3,ch.
96-289;s. 284,ch.96-406;s. 198,ch.96-410;s. 1050,ch.97-103;s.99,ch.97-264;s.3,ch.99-186;s. 14,ch.2000-
320;s. 1,ch. 2002-14;s.5, ch. 2002-78;s. 16,ch. 2002-194;s.8,ch. 2002-196;s. 51,ch. 2003-1;s.60,ch.2004-5;
s.7,ch.2005-55;s. 178,ch.2007-230;s.1,ch.2009-127;s.49,ch.2009-132;s.2,ch.2012-8;s.3,ch.2013-141.
(00066858.17 614-11 D4020)