HomeMy WebLinkAboutR-2022-121 AFSCME Florida Council 79, Local 3535 Collective Bargaining Agreement 2022-2025 RESOLUTION NO. 2022-121
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, RATIFYING A COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND THE
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES ("AFSCME") FLORIDA COUNCIL 79 FOR THE TERM
BEGINNING OCTOBER 1, 2022 THROUGH SEPTEMBER 30, 2025;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, AFSCME Florida Council 79 ("AFSCME") represents full and part time
City blue- and white-collar employees; and
WHEREAS, the City and AFSCME through negotiations have reached a tentative
Collective Bargaining Agreement for the term October 1, 2022 through September 30, 2025; and
WHEREAS, the Agreement does not take effect until ratified by a majority of the
bargaining unit employees and the City Commission; and
WHEREAS, the City Manager and her management bargaining team recommend this
Agreement as being in the best interest of the employees and the City;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "Whereas" clauses are approved, made a part of and
incorporated into this Resolution by this reference.
Section 2. That the Collective Bargaining Agreement attached hereto is ratified by
the City Commission.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
PASSED AND ADOPTED on August 23, 2022.
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THOMAS SCHNEIDER, CMC `,\FcfriTAMARA JA
CITY CLERK '�' 'y MAYOR
�N LIS14
APPROVED AS TO FORM AND CORRECTNESS:
i
EV A. BOUTS .
CI Y ATTORNEY
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE CITY OF DANIA BEACH
AND
AFSCME FLORIDA COUNCIL 79, AFL-CIO
LOCAL 3535
Effective from 10/1/22
Through
September 30, 2025
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Contents
PREAMBLE 4
ARTICLE 1 DEFINITIONS 5
ARTICLE 2 RECOGNITION 6
ARTICLE 3 MANAGEMENT RIGHTS 7
ARTICLE 4 UNION AND STEWARDS RIGHTS AND TIME POOL 8
ARTICLE 5 BARGAINING UNIT ROSTER 11 P
ARTICLE 6 UNION BULLETIN BOARD 12
ARTICLE 7 DUES CHECK OFF 13
ARTICLE 8 ON-BOARDING PROGRAM 14
ARTICLE 9 MEDICAL EXAMINATIONS 15
ARTICLE 10 WORKWEEK, BREAKS AND OVERTIME 16
ARTICLE 11 WORK RULES 19
ARTICLE 12 DISCIPLINE AND DISCHARGE 20
ARTICLE 13 GRIEVANCE PROCEDURES 22
ARTICLE 14 DISCIPLINARY APPEALS 26
ARTICLE 15 PAY RANGES 28
ARTICLE 16 RESERVED 29
ARTICLE 17 VACANCIES, TRANSFERS, RECLASSIFICATIONS 30
ARTICLE 18 WORKING OUT OF CLASSIFICATION 31
ARTICLE 19 UNIFORMS 32
ARTICLE 20 SAFETY- SEE PPM 33
ARTICLE 21 WORKERS COMPENSATION-SEE PPM 34
ARTICLE 22 GROUP INSURANCE 35
ARTICLE 23 SICK LEAVE-SEE PPM 36
ARTICLE 24 LEAVES OF ABSENCE SEE PPM 37
ARTICLE 26 BEREAVEMENT LEAVE-SEE PPM 38
ARTICLE 27 PERSONAL DAY- SEE PPM 39
ARTICLE 28 HOLIDAYS-SEE PPMARTICLE 29 VACATIONS-SEE PPM 40
ARTICLE 30 COMPENSATION FOR USE OF PERSONAL VEHICLE 42
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conflict.
PASSED AND ADOPTED on August 23, 2022.
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THOMAS SCHNEIDER, CMC `,\FcfriTAMARA JA
CITY CLERK '�' 'y MAYOR
�N LIS14
APPROVED AS TO FORM AND CORRECTNESS:
i
EV A. BOUTS .
CI Y ATTORNEY
ARTICLE 31 EDUCATIONAL INCENTIVE SEE PPM 43
ARTICLE 32 FLOATING HOLIDAY 44
ARTICLE 33 PENSION-RETIREE BENEFITS 45
ARTICLE 34 SENIORITY 46
ARTICLE 35 SAVINGS CLAUSE 48
ARTICLE 36 WAGES 49
ARTICLE 37 CROSS TRAINING 50
ARTICLE 38 LAY-OFF AND BUMPING 51
ARTICLE 39 PART-TIME EMPLOYEES 53
ARTICLE 40 DRUG FREE AND ALCOHOL-FREE WORKPLACE POLICY-SEE PPM 54
ARTICLE 41 PERSONNEL POLICY MANUAL 55
ARTICLE 42 LABOR MANAGEMENT COMMITTEE 56
ARTICLE 43 TERM OF AGREEMENT 57
SIGNATURE PAGE 65
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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 and
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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OF ABSENCE SEE PPM 37
ARTICLE 26 BEREAVEMENT LEAVE-SEE PPM 38
ARTICLE 27 PERSONAL DAY- SEE PPM 39
ARTICLE 28 HOLIDAYS-SEE PPMARTICLE 29 VACATIONS-SEE PPM 40
ARTICLE 30 COMPENSATION FOR USE OF PERSONAL VEHICLE 42
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conflict.
PASSED AND ADOPTED on August 23, 2022.
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cdtio,
"41,44/i/ii: "
THOMAS SCHNEIDER, CMC `,\FcfriTAMARA JA
CITY CLERK '�' 'y MAYOR
�N LIS14
APPROVED AS TO FORM AND CORRECTNESS:
i
EV A. BOUTS .
CI Y ATTORNEY
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; PERC
Certificate 590.
1.2 CITY/EMPLOYER shall hereinafter mean the City of Dania Beach.
1.3 TERM OF AGREEMENT shall mean the duration of the contract as defined by
beginning and ending dates.
1.4 PERSONNEL POLICY MANUAL or PPM refers to consolidated employment policies
and procedures which are issued and administered under the City Manager's
Charter authority. See Article 41.
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R MANAGEMENT COMMITTEE 56
ARTICLE 43 TERM OF AGREEMENT 57
SIGNATURE PAGE 65
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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 employed in the
job classifications set forth in Certification Number 590 as re-titled and as may be
amended by PERC from time to time.
2.2 The City may temporarily assign tasks to a bargaining unit employee not
specifically listed in an employee's job description provided employee safety is not
compromised and the tasks do not require specialized training or certification.
2.3 A non-bargaining unit City employee may temporarily perform tasks normally
assigned to a bargaining unit employee when, by way of example and not
limitation:
a) there is a work backload or delay;
b) to reduce or avoid overtime;
c) there is a temporary reduction of the workforce;
d) there is an emergency situation;
e) for the purpose of instruction and/or training;
f) when the City EOC is activated.
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ue to the parties hereto and those
covered by this Agreement by reason hereof, the said parties hereby agree as follows.
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OF ABSENCE SEE PPM 37
ARTICLE 26 BEREAVEMENT LEAVE-SEE PPM 38
ARTICLE 27 PERSONAL DAY- SEE PPM 39
ARTICLE 28 HOLIDAYS-SEE PPMARTICLE 29 VACATIONS-SEE PPM 40
ARTICLE 30 COMPENSATION FOR USE OF PERSONAL VEHICLE 42
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conflict.
PASSED AND ADOPTED on August 23, 2022.
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cdtio,
"41,44/i/ii: "
THOMAS SCHNEIDER, CMC `,\FcfriTAMARA JA
CITY CLERK '�' 'y MAYOR
�N LIS14
APPROVED AS TO FORM AND CORRECTNESS:
i
EV A. BOUTS .
CI Y ATTORNEY
ARTICLE 3 MANAGEMENT RIGHTS
3.1 It is the right of City to determine unilaterally the purpose of each of its constituent
agencies, set standards of services to be offered to the public, evaluate employee
performance, and exercise control and discretion over its organization and
operations. It is also the right of the City to direct its employees, take disciplinary
action for proper cause, and relieve its employees from duty because of lack of
work or for other legitimate reasons. However,the exercise of such rights shall not
preclude employees or their representatives from raising grievances, should
decisions on the above matters have the practical consequence of violating the
terms and conditions of any collective bargaining agreement in force.
Nothing in this Agreement is intended to limit the City's right to sub-contract
bargaining unit work.
3.2 The City shall determine the number of work hours, shifts, pay rate and job
assignments, locations of assignments, including the requirement to (and
conditions of) telework.
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the parties hereto and those
covered by this Agreement by reason hereof, the said parties hereby agree as follows.
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OF ABSENCE SEE PPM 37
ARTICLE 26 BEREAVEMENT LEAVE-SEE PPM 38
ARTICLE 27 PERSONAL DAY- SEE PPM 39
ARTICLE 28 HOLIDAYS-SEE PPMARTICLE 29 VACATIONS-SEE PPM 40
ARTICLE 30 COMPENSATION FOR USE OF PERSONAL VEHICLE 42
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conflict.
PASSED AND ADOPTED on August 23, 2022.
ATTEST: �p B
cdtio,
"41,44/i/ii: "
THOMAS SCHNEIDER, CMC `,\FcfriTAMARA JA
CITY CLERK '�' 'y MAYOR
�N LIS14
APPROVED AS TO FORM AND CORRECTNESS:
i
EV A. BOUTS .
CI Y ATTORNEY
ARTICLE 4 UNION AND STEWARDS RIGHTS AND TIME POOL
4.1 The City 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 City's Chief Human Resource Officer of the designated Union officers
and stewards within three days of any change in designation is made. 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.
4.2 Union officials as designated above shall only be able to meet with City Employees
in non-work areas (i.e., break areas) 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.
4.3 One (1) Union Stewards may be granted time off during working hours and paid
from the Union time pool or by the Union or by using the employee's accrued
vacation or earned personnel days 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.
4.4 The CITY may 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.
4.5 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.
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4.6 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.
4.7 Donations of time to and use of the time pool will be administered by the City.
Donations will be hour to hour and not based on an employee's hourly rate.
4.8 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 Chief
Human Resource Officer or Assistant City Manager.
UNION TIME POOL-FUNDING AND USE
4.9 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.
4.10 Stewards shall prepare and provide to the City a Union Business time-out slip when
use of pool time is being requested. The City process the request and maintain a
record that shows the accumulated hours used against the Union time pool.
4.11 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 the representative activities described in 4.3 above, outside Union conferences,
and training.
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it allow the CITY to proceed in a manner that deprives the
Employee of his or her right of representation.
4.5 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.
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4.12 Donated time shall be transferred from the participating Employee's accrued
vacation (annual leave) bank once each year in October. during the repeat month
of the initial transfer.
4.13 A donation to the time pool cannot be rescinded. Time Pool hours shall roll over
from one year to the next.
4.14 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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Manager's
Charter authority. See Article 41.
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R MANAGEMENT COMMITTEE 56
ARTICLE 43 TERM OF AGREEMENT 57
SIGNATURE PAGE 65
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ARTICLE 5 BARGAINING UNIT ROSTER
5.1 Upon written request of the President of AFSCME Council 79 on no more than a
quarterly basis,the City of Dania Beach will provide it with personnel data from the
bargaining unit database at no cost to the Union.The data will include employees'
names, home addresses (unless exempt from public records production), work
locations, and classification titles. This information will be prepared on the basis of
the latest information available in the database at the time of the request. The list
shall be in EXCEL format. Any other information may be requested through public
records request.
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ARTICLE 6 UNION BULLETIN BOARD
6.1. AFSCME will provide a serviceable bulletin board for its use. All materials posted
must be signed by an official of AFSCME. The City will furnish space for the bulletin
board but shall have no control over the postings on the Board.
6.2. Bulletins shall contain nothing derogatory relating to the CITY, its elected officials,
City employees, or supervisory personnel.
6.3. AFSCME will indemnify, defend, and hold the City harmless against any and all
claims, demands, suits or other terms of liability that shall arise out of the postings
on the AFSCME bulletin board.
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SIGNATURE PAGE 65
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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 will 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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ess the request and maintain a
record that shows the accumulated hours used against the Union time pool.
4.11 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 the representative activities described in 4.3 above, outside Union conferences,
and training.
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it allow the CITY to proceed in a manner that deprives the
Employee of his or her right of representation.
4.5 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.
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ARTICLE 8 ON-BOARDING PROGRAM
8.1 The City will provide the union with a list of all new employees and their work
locations within ten days of hire.
8.2 During City planned on-boarding program for new employees, the Union shall be I
given an opportunity to have one of its Local Representatives speak briefly (no
more than ten minutes) to describe the Union, participation in negotiations, and
general interest in representing employees.
}
}
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liability that shall arise out of the postings
on the AFSCME bulletin board.
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SIGNATURE PAGE 65
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ARTICLE 9 MEDICAL EXAMINATIONS
9.1 Annual medical examinations are as covered by the City's health insurance plan.
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hire.
8.2 During City planned on-boarding program for new employees, the Union shall be I
given an opportunity to have one of its Local Representatives speak briefly (no
more than ten minutes) to describe the Union, participation in negotiations, and
general interest in representing employees.
}
}
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liability that shall arise out of the postings
on the AFSCME bulletin board.
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SIGNATURE PAGE 65
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ARTICLE 10 WORKWEEK, BREAKS AND OVERTIME
10.1 Forty (40) hours in a seven (7) day work cycle 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 (1) hour unpaid lunch break and two (2) paid
fifteen (15) minute breaks each day. Employees may use break time for
uninterrupted personal use. Employees may not save the use the two (2) fifteen-
minute breaks for 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 occasionally flex their
start and end time, provided it is not done on a daily basis and provided the grant
of flex-time does not impact the workflow.
City may flex an employee's work schedule (start or end time) to avoid unplanned
overtime in a work week, but not more than two (2) hours per work week and not
more than ten (10) hours in any quarter of the Fiscal Year.
Example: Employee required to work an extra hour on Monday; City may
direct the employee to work one less hour at the start or end of any
remaining day in the work week.
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. Only hours actually worked will count for
overtime pay calculation. No form of leave is counted as hours worked.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. The
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hours is subject to disciplinary action.
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determination of qualifications to work an overtime assignment is reserved to
management. Management's decision is not grievable, but an employee may
request review of the decision by the Chief Human Resource Officer. 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 they
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 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.
10.5. In the case of a regular or non-temporary change to working hours, the City 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 four(4) hours of pay at their regular rate of pay for
that assignment.
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{
10.8. Employees are responsible for making hurricane and/or tropical storm preparations
for dealing with their families and properties in a manner than does not interfere
with their City employment responsibilities. Employees designated to work when
other City employees have been released from work when a hurricane and/or
tropical storm is approaching will be paid premium pay for hour worked at the rate
of one and one half(1 1/2 )their regular hour rate of pay.
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 leave to report to their residence for the purpose of making final
preparations or evacuations for storm protection. The employee will be paid their
regular pay for the three (3) hours, but the hours do not count toward the
calculation of hours worked for overtime purposes. Scheduled time off shall be at
the discretion of the Department Director in order to maintain departmental
operations. Employees will use their best efforts to secure their homes and property
before the approach of a storm so they may perform their public service without
interruption.
10.9. Failure to report for mandatory overtime, when ordered, may result in disciplinary
action up to and including termination for cause.
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ne-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 four(4) hours of pay at their regular rate of pay for
that assignment.
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ARTICLE 11 WORK RULES
11.1 The City will provide the Union with a copy of any amended provision of the PPM
and any new or amended written work rules affecting employees covered by this
Agreement that are instituted or modified during the term of this Agreement, no
less than twenty (20) days before the amendment goes into effect. This does not
limit management right to formulate, amend, revise and implement City
department policy, rules and regulations nor does it constitute a waiver of the
Union's right to bargain.
11.2 No reduction of benefits will be imposed during the term of this Agreement
11.3 A Union demand for bargaining must be made within five (5) calendar days of
receipt of notice. In the event the Union demands impact bargaining, the Union
must identify a negotiable effect on wages, hours, or terms and conditions of
employment of the bargaining unit.
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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 "Just Cause". "Just Cause" may be defined to mean definite proof
of alleged employee misconduct in regard to job duties, work hours, ethical
practice, insubordination, or any other written department or City policy. The City
may terminate an employee for.
A. Violating the City's PPM Standards/Code of Conduct. or
B. Engaging in an act or omission which the employee knew or should have known
was detrimental to the mission or operations of the City.
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.
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ar 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 four(4) hours of pay at their regular rate of pay for
that assignment.
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17
C. An employee who is arrested must report the arrest to the City Manager
within or as soon as possible thereafter but no later than the start of the
employee's next workday.
12.3 The employee being disciplined may ask for a Union representative to be present
at any step of the process outlined above.
{00527773.1614-1104020 1
21
ement right to formulate, amend, revise and implement City
department policy, rules and regulations nor does it constitute a waiver of the
Union's right to bargain.
11.2 No reduction of benefits will be imposed during the term of this Agreement
11.3 A Union demand for bargaining must be made within five (5) calendar days of
receipt of notice. In the event the Union demands impact bargaining, the Union
must identify a negotiable effect on wages, hours, or terms and conditions of
employment of the bargaining unit.
{00527773.1 614-1104020}
19
ARTICLE 13 GRIEVANCE PROCEDURES
13.1 This grievance procedure is the exclusive method of resolving disputes, other tha n
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 Union may file a grievance on behalf of one or more bargaining unit employees
within ten (10) working days of the occurrence or knowledge of the occurrence of
the action giving rise to the grievance. The Union shall reduce the grievance to
writing on the standard grievance form provided by the Union and present it to
the Chief Human Resource Officer or their designee. The Chief Human Resource
Director or their designee shall investigate the alleged grievance and shall within
ten (10) working days of receipt of the written grievance, conduct a meeting with
the Union. The Chief Human Resource Officer or their designee shall notify the
Union in writing of their decision not later than ten (10)working days following the
meeting date.
Step2 .
If the decision reached in step 1 is not acceptable to the grievant, he/she may,
within ten (10) working days of the decision reached in Step 1, present the written
{00527773.1614-1104020}
22
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 four(4) hours of pay at their regular rate of pay for
that assignment.
{00527773.1 614-1104020)
17
grievance to the City Manager or their 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 with the Union,
if needed. The City Manager shall notify the Union in writing of their 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 1 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.
13.6 If a grievance, as defined in this article, has not been satisfactorily resolved within
the grievance procedure, the grievant may request arbitration.
{00527773.1614-1104020}
23
igate the alleged grievance and shall within
ten (10) working days of receipt of the written grievance, conduct a meeting with
the Union. The Chief Human Resource Officer or their designee shall notify the
Union in writing of their decision not later than ten (10)working days following the
meeting date.
Step2 .
If the decision reached in step 1 is not acceptable to the grievant, he/she may,
within ten (10) working days of the decision reached in Step 1, present the written
{00527773.1614-1104020}
22
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 four(4) hours of pay at their regular rate of pay for
that assignment.
{00527773.1 614-1104020)
17
13.7. ARBITRATION PROCEDURE:
A.
If the Union is not satisfied with the response from the City Manager, the
Union may submit the grievance to arbitration filing a request for a seven
(7)name arbitration panel to the Federal Mediation and Conciliation Service.
The submission must be made within ten (10) calendar days of the date of
the City Manager's correspondence to the FEDERATION, as evidenced by
actual filing with the Federal Mediation and Conciliation Service.
The time limits contained herein are to be strictly adhered to and may only
be extended by written agreement (including email requests coupled with
a written affirmation) between the parties. No consent to extension shall be
implied by the conduct of the parties in the absence of a written or email
agreement.
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 and court reporter(if one is ordered)
and transcript shall be borne equally by both parties.
{00527773.1 614-1104020}
24
t (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 four(4) hours of pay at their regular rate of pay for
that assignment.
{00527773.1 614-1104020)
17
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 written 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 i.
3. The remedy or correction requested.
{00527773.1 614-1104020 I
25
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 and court reporter(if one is ordered)
and transcript shall be borne equally by both parties.
{00527773.1 614-1104020}
24
t (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 four(4) hours of pay at their regular rate of pay for
that assignment.
{00527773.1 614-1104020)
17
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, Standards of Conduct (section 4 PPM), R.I.S.E. Standards (section 11
PPM) 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 first.
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:
100527773.1 614-1104020)
26
eceipt of any written position of
both parties.
D. The expenses and fees of any arbitrator and court reporter(if one is ordered)
and transcript shall be borne equally by both parties.
{00527773.1 614-1104020}
24
t (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 four(4) hours of pay at their regular rate of pay for
that assignment.
{00527773.1 614-1104020)
17
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)daytime 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 the Union equally.
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 F
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.
{00527773.1 614-1104020)
27
ARTICLE 15 PAY RANGES
15.1 The City will annually establish the minimum and maximum pay ranges for
bargaining unit positions. Specific position ranges may be increased but no range
will be reduced during the term of this Agreement and the pay plan will be
implemented as set forth in the PPM.
15.2 Individual employee rate of pay does not change with an increase in the pay range;
individual employee's rates of pay are increased as set forth in the Wage Article.
FE
{00527773.1614-1104020)
28
tion of benefits will be imposed during the term of this Agreement
11.3 A Union demand for bargaining must be made within five (5) calendar days of
receipt of notice. In the event the Union demands impact bargaining, the Union
must identify a negotiable effect on wages, hours, or terms and conditions of
employment of the bargaining unit.
{00527773.1 614-1104020}
19
ARTICLE 16 RESERVED
{00527773.1614-1104020}
29
y establish the minimum and maximum pay ranges for
bargaining unit positions. Specific position ranges may be increased but no range
will be reduced during the term of this Agreement and the pay plan will be
implemented as set forth in the PPM.
15.2 Individual employee rate of pay does not change with an increase in the pay range;
individual employee's rates of pay are increased as set forth in the Wage Article.
FE
{00527773.1614-1104020)
28
tion of benefits will be imposed during the term of this Agreement
11.3 A Union demand for bargaining must be made within five (5) calendar days of
receipt of notice. In the event the Union demands impact bargaining, the Union
must identify a negotiable effect on wages, hours, or terms and conditions of
employment of the bargaining unit.
{00527773.1 614-1104020}
19
ARTICLE 17 VACANCIES, TRANSFERS, RECLASSIFICATIONS
17.1 Bargaining unit position vacancies, promotions, and transfers shall be filled as soon
as practicable taking into consideration notice (posting) requirements, operational
needs, and availability of funds.
17.2 Final authority to fill a vacancy or approve a transfer is a managerial prerogative
reserved to the City Manager.
3 A reclassification is defined as a Citydecision to change the job duties of a
17.
bargaining unit employee coupled with an increase in the compensation
associated with the reclassification.The City will provide the Union with thirty (30)
days notice prior to the implementation of the reclassification of a bargaining unit
employee. A reclassification, being the exercise of a management right, it is not
grievable.
{00527773.1614-1104020}
30
f the bargaining unit.
{00527773.1 614-1104020}
19
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 eight(8) hours or more,the employee
shall receive assignment pay for the total time of temporary service, of 10%
additional compensation beyond their regular wages. Under no
circumstances shall the total additional compensation exceed the maximum
pay grade amount for the temporary position.
B. If the employee serves for a period of less than eight(8) hours,the employee
shall receive no additional compensation beyond the wages of regular
classification, but time served out of grade may be considered when
promotional opportunity or transfers are available.
C. When an employee working out of class works overtime in a bargaining unit
position, the overtime will be calculated at the rate the employee earns in
the upgrade position
{00527773.1614-1104020} '
31
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 F
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.
{00527773.1 614-1104020)
27
ARTICLE 19 UNIFORMS
19.1 The City will supply uniforms to employees required to wear them and in
accordance with the City's uniform policy. See PPM.
19.2 Public Services Department field personnel and Field Inspectors will be provided
with safety shoes (up to $300.00) annually by the City.
is
kf
Pp
{00527773.1 614-1104020)
32
on to change the job duties of a
17.
bargaining unit employee coupled with an increase in the compensation
associated with the reclassification.The City will provide the Union with thirty (30)
days notice prior to the implementation of the reclassification of a bargaining unit
employee. A reclassification, being the exercise of a management right, it is not
grievable.
{00527773.1614-1104020}
30
f the bargaining unit.
{00527773.1 614-1104020}
19
ARTICLE 20 SAFETY- SEE PPM
1
{00527773.1 614-1104020}
33
ar them and in
accordance with the City's uniform policy. See PPM.
19.2 Public Services Department field personnel and Field Inspectors will be provided
with safety shoes (up to $300.00) annually by the City.
is
kf
Pp
{00527773.1 614-1104020)
32
on to change the job duties of a
17.
bargaining unit employee coupled with an increase in the compensation
associated with the reclassification.The City will provide the Union with thirty (30)
days notice prior to the implementation of the reclassification of a bargaining unit
employee. A reclassification, being the exercise of a management right, it is not
grievable.
{00527773.1614-1104020}
30
f the bargaining unit.
{00527773.1 614-1104020}
19
ARTICLE 21 WORKERS COMPENSATION-SEE PPM
i
1E
iI
{00527773.1614-1104020)
34
19.2 Public Services Department field personnel and Field Inspectors will be provided
with safety shoes (up to $300.00) annually by the City.
is
kf
Pp
{00527773.1 614-1104020)
32
on to change the job duties of a
17.
bargaining unit employee coupled with an increase in the compensation
associated with the reclassification.The City will provide the Union with thirty (30)
days notice prior to the implementation of the reclassification of a bargaining unit
employee. A reclassification, being the exercise of a management right, it is not
grievable.
{00527773.1614-1104020}
30
f the bargaining unit.
{00527773.1 614-1104020}
19
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. The parties are maintaining the status quo,
which is to meet and discuss group health insurance concerns. As such, there will
be no bargaining as to this provision.
22.3 The employee cost of insurance will remain at 16%through 9/30/25.
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 of$200,000.
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.
{00527773.1 614-1104020}
35
ployee earns in
the upgrade position
{00527773.1614-1104020} '
31
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 F
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.
{00527773.1 614-1104020)
27
ARTICLE 23 SICK LEAVE-SEE PPM
}
}
{00527773.1 614-1104020}
36
27773.1614-1104020)
34
19.2 Public Services Department field personnel and Field Inspectors will be provided
with safety shoes (up to $300.00) annually by the City.
is
kf
Pp
{00527773.1 614-1104020)
32
on to change the job duties of a
17.
bargaining unit employee coupled with an increase in the compensation
associated with the reclassification.The City will provide the Union with thirty (30)
days notice prior to the implementation of the reclassification of a bargaining unit
employee. A reclassification, being the exercise of a management right, it is not
grievable.
{00527773.1614-1104020}
30
f the bargaining unit.
{00527773.1 614-1104020}
19
ARTICLE 24 LEAVES OF ABSENCE SEE PPM
efk
{
tt
It
E
{00527773.1614-1104020)
37
ment field personnel and Field Inspectors will be provided
with safety shoes (up to $300.00) annually by the City.
is
kf
Pp
{00527773.1 614-1104020)
32
on to change the job duties of a
17.
bargaining unit employee coupled with an increase in the compensation
associated with the reclassification.The City will provide the Union with thirty (30)
days notice prior to the implementation of the reclassification of a bargaining unit
employee. A reclassification, being the exercise of a management right, it is not
grievable.
{00527773.1614-1104020}
30
f the bargaining unit.
{00527773.1 614-1104020}
19
ARTICLE 26 BEREAVEMENT LEAVE-SEE PPM
Pg,
}
!r(
1
F}�
{
{00527773.1 614-1104020}
38
ctors will be provided
with safety shoes (up to $300.00) annually by the City.
is
kf
Pp
{00527773.1 614-1104020)
32
on to change the job duties of a
17.
bargaining unit employee coupled with an increase in the compensation
associated with the reclassification.The City will provide the Union with thirty (30)
days notice prior to the implementation of the reclassification of a bargaining unit
employee. A reclassification, being the exercise of a management right, it is not
grievable.
{00527773.1614-1104020}
30
f the bargaining unit.
{00527773.1 614-1104020}
19
ARTICLE 27 PERSONAL DAY- SEE PPM
{00527773.1 614-11040201
39
}
!r(
1
F}�
{
{00527773.1 614-1104020}
38
ctors will be provided
with safety shoes (up to $300.00) annually by the City.
is
kf
Pp
{00527773.1 614-1104020)
32
on to change the job duties of a
17.
bargaining unit employee coupled with an increase in the compensation
associated with the reclassification.The City will provide the Union with thirty (30)
days notice prior to the implementation of the reclassification of a bargaining unit
employee. A reclassification, being the exercise of a management right, it is not
grievable.
{00527773.1614-1104020}
30
f the bargaining unit.
{00527773.1 614-1104020}
19
ARTICLE 28 HOLIDAYS-SEE PPM '.
}
{
7
yt
{
}
{
{00527773.1 619-1104020}
40
afety shoes (up to $300.00) annually by the City.
is
kf
Pp
{00527773.1 614-1104020)
32
on to change the job duties of a
17.
bargaining unit employee coupled with an increase in the compensation
associated with the reclassification.The City will provide the Union with thirty (30)
days notice prior to the implementation of the reclassification of a bargaining unit
employee. A reclassification, being the exercise of a management right, it is not
grievable.
{00527773.1614-1104020}
30
f the bargaining unit.
{00527773.1 614-1104020}
19
ARTICLE 29 VACATIONS-SEE PPM
{
rtg
{00627773.1 614-1104020)
41
yt
{
}
{
{00527773.1 619-1104020}
40
afety shoes (up to $300.00) annually by the City.
is
kf
Pp
{00527773.1 614-1104020)
32
on to change the job duties of a
17.
bargaining unit employee coupled with an increase in the compensation
associated with the reclassification.The City will provide the Union with thirty (30)
days notice prior to the implementation of the reclassification of a bargaining unit
employee. A reclassification, being the exercise of a management right, it is not
grievable.
{00527773.1614-1104020}
30
f the bargaining unit.
{00527773.1 614-1104020}
19
ARTICLE 30 COMPENSATION FOR USE OF PERSONAL VEHICLE
30.1 Employees cannot use their personal vehicles for work.
(00527773.1 614-1104020)
42
gi
{
{00527773.1 619-1104020}
40
afety shoes (up to $300.00) annually by the City.
is
kf
Pp
{00527773.1 614-1104020)
32
on to change the job duties of a
17.
bargaining unit employee coupled with an increase in the compensation
associated with the reclassification.The City will provide the Union with thirty (30)
days notice prior to the implementation of the reclassification of a bargaining unit
employee. A reclassification, being the exercise of a management right, it is not
grievable.
{00527773.1614-1104020}
30
f the bargaining unit.
{00527773.1 614-1104020}
19
ARTICLE 31 EDUCATIONAL INCENTIVE SEE PPM
{00527773.1614-1104020}
43
t use their personal vehicles for work.
(00527773.1 614-1104020)
42
gi
{
{00527773.1 619-1104020}
40
afety shoes (up to $300.00) annually by the City.
is
kf
Pp
{00527773.1 614-1104020)
32
on to change the job duties of a
17.
bargaining unit employee coupled with an increase in the compensation
associated with the reclassification.The City will provide the Union with thirty (30)
days notice prior to the implementation of the reclassification of a bargaining unit
employee. A reclassification, being the exercise of a management right, it is not
grievable.
{00527773.1614-1104020}
30
f the bargaining unit.
{00527773.1 614-1104020}
19
ARTICLE 32 FLOATING HOLIDAY
32.1 Employees will be granted a floating holiday with pay, but the hours off do not
count in the calculation of hours worked for overtime purposes.
}
¢(f
{00527773.1614-1104020}
44
to $300.00) annually by the City.
is
kf
Pp
{00527773.1 614-1104020)
32
on to change the job duties of a
17.
bargaining unit employee coupled with an increase in the compensation
associated with the reclassification.The City will provide the Union with thirty (30)
days notice prior to the implementation of the reclassification of a bargaining unit
employee. A reclassification, being the exercise of a management right, it is not
grievable.
{00527773.1614-1104020}
30
f the bargaining unit.
{00527773.1 614-1104020}
19
•
ARTICLE 33 PENSION-RETIREE BENEFITS
33.1 There is no change in the status quo on pension retirement benefits. Pension and
Retiree benefits are governed under City of Dania Beach Code of Ordinances,
Chapter 18, and FRS regulations when applicable
(00527773.1614-1104020) 45
ally by the City.
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{00527773.1 614-1104020)
32
on to change the job duties of a
17.
bargaining unit employee coupled with an increase in the compensation
associated with the reclassification.The City will provide the Union with thirty (30)
days notice prior to the implementation of the reclassification of a bargaining unit
employee. A reclassification, being the exercise of a management right, it is not
grievable.
{00527773.1614-1104020}
30
f the bargaining unit.
{00527773.1 614-1104020}
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ARTICLE 34 SENIORITY
34.1 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 Seniorityshall mean the length of continuous
9 g
service an employee has with the City beginning with the date he/she was
employed.
34.2 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.
34.3 Departmental seniority is defined as the length of employment within the
employee's current department.
34.4 Classification seniority is defined as the length of employment within the
employee's current classification.
34.5 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.
34.6 Employees shall lose seniority for the following reason:
A. Exceeding an authorized leave of absence. In this case, the employee will
not continue to accrue seniority, but will retain what they previously earned.
[00527773.1614-1104020}
46
of
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 F
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.
{00527773.1 614-1104020)
27
34.7 Departmental seniority will be given first consideration in hours of work, shift
assignment, vacation if qualified, overtime, subject to approval of department
head.
34.8 The employee will not accrue any seniority or paid leave time while on unpaid
FMLA leave. Accrual of any seniority and paid leave time will resume upon return
to active employment. The taking of FMLA leave will not result in the loss of any
paid leave time that the employee accrued prior to the date on which FMLA leave F
started except to the extent such paid leave time is used during FMLA leave. See
PPM 7.1
ip
t,
d
{00527773.1614-11040201
47
ing unit
employee. A reclassification, being the exercise of a management right, it is not
grievable.
{00527773.1614-1104020}
30
f the bargaining unit.
{00527773.1 614-1104020}
19
ARTICLE 35 SAVINGS CLAUSE
35.1 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.
35.2 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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48
ip
t,
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{00527773.1614-11040201
47
ing unit
employee. A reclassification, being the exercise of a management right, it is not
grievable.
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30
f the bargaining unit.
{00527773.1 614-1104020}
19
ARTICLE 36 WAGES'
36.1
Year One 8.5% effective 10/1/22
Year Two 7% effective 10/1/23
Year Three 6% effective 10/1/24
36.2 There are no additional base wage increases, except those resulting from
promotion, after September 30, 2025 unless agreed to by the parties and reflected
in a successor collective bargaining agreement.
1 Per PPM employees who reach maximum pay will receive a lump sum over the maximum
{00527773.1614-1104020}
49
tion.
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48
ip
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{00527773.1614-11040201
47
ing unit
employee. A reclassification, being the exercise of a management right, it is not
grievable.
{00527773.1614-1104020}
30
f the bargaining unit.
{00527773.1 614-1104020}
19
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1
ARTICLE 37 CROSS TRAINING
37.1 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.
37.2 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.
}
}
't
{00527773.1614-1104020}
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30
f the bargaining unit.
{00527773.1 614-1104020}
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ARTICLE 38 LAY-OFF AND BUMPING
38.1 Lay-offs will be in accordance with: (1) Seniority, and (2) Qualifications (taking into
consideration performance, education and certifications), and disciplinary record
in a classification within a Department.
38.2 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.
38.3 The employer shall forward a list of those employees being laid off to the Local
Union when the notices are issued to the employees.
38.4 When an employee is laid off due to a reduction in the work force, they shall be
permitted to exercise their seniority right to bump or replace an employee in the
same classification grouping in their department with less seniority if they are
qualified to do the job.
38.5 Employees may, if they so desire, bump an employee in a lower job classification
within their department provided the bumping employee has greater seniority
than the employee they bump, 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.
38.6 When the work force is increased after lay-off, employees will be recalled in inverse
order of layoff. 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, they shall be considered to have quit.
38.7 Recall rights for an employee shall expire after a period equal to their seniority, but
in no case more than two (2) years from the date of lay-off. Written notice of
expiration of recall rights shall be sent to the employee at their last known address
by registered or certified mail. No new employee shall be hired until all employees
{00527773.1 614-1104020)
51
discipline shall be given the same F
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.
{00527773.1 614-1104020)
27
on lay-off who have agreed to return to work have been recalled in the same
classification. Probationary employees have no recall rights.
38.8 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.
y4
{00527773.1614-1104020)
52
ven 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.
}
}
't
{00527773.1614-1104020}
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30
f the bargaining unit.
{00527773.1 614-1104020}
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ARTICLE 39 PART-TIME EMPLOYEES
39.1 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.
39.2 Wage adjustments set forth in this Agreement apply to both full-time and part-
time employees.
39.3 Fringe benefits (if any) provided to part time employees, including but not limited
to, health insurance, education incentive, and pension as set forth in the PPM.
{00527773.1614.1104020}
53
of this Contract shall prevail where applicable.
}
}
't
{00527773.1614-1104020}
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30
f the bargaining unit.
{00527773.1 614-1104020}
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}
ARTICLE 40 DRUG FREE AND ALCOHOL-FREE WORKPLACE POLICY-SEE PPM
{
{00527773.1 6141104020)
54
yees. 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.
39.2 Wage adjustments set forth in this Agreement apply to both full-time and part-
time employees.
39.3 Fringe benefits (if any) provided to part time employees, including but not limited
to, health insurance, education incentive, and pension as set forth in the PPM.
{00527773.1614.1104020}
53
of this Contract shall prevail where applicable.
}
}
't
{00527773.1614-1104020}
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30
f the bargaining unit.
{00527773.1 614-1104020}
19
ARTICLE 41 PERSONNEL POLICY MANUAL
41.1 The provisions of the City Personnel Policy Manual, as amended from time to time,
are incorporated by reference into this Agreement and are applicable to bargaining
unit employees as though set out herein and shall be enforceable pursuant to the
grievance and arbitration provisions of this Agreement. In the event of a conflict
between the collective bargaining agreement and the PPM, or any other policy
issued by the City, the applicable provision(s) of the collective bargaining
agreement shall control.
41.2 The City and Union have, through collective bargaining, attempted to resolve all
the terms of this Agreement and the PPM regarding benefits and conditions of
employment. The Agreement prevails when it expressly addresses a subject, but
in the event a subject is not expressly addressed in the Agreement, but is addressed
in the PPM, the terms of the PPM will control.
{00527773.1 614-1104020}
55
ssification
within their department provided the bumping employee has greater seniority
than the employee they bump, 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.
38.6 When the work force is increased after lay-off, employees will be recalled in inverse
order of layoff. 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, they shall be considered to have quit.
38.7 Recall rights for an employee shall expire after a period equal to their seniority, but
in no case more than two (2) years from the date of lay-off. Written notice of
expiration of recall rights shall be sent to the employee at their last known address
by registered or certified mail. No new employee shall be hired until all employees
{00527773.1 614-1104020)
51
discipline shall be given the same F
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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27
ARTICLE 42 LABOR MANAGEMENT COMMITTEE
42.1 There is established 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.
42.2 This Committee will meet quarterly, or upon request of either party.
{00527773.1614-1104020)
56
pply to both full-time and part-
time employees.
39.3 Fringe benefits (if any) provided to part time employees, including but not limited
to, health insurance, education incentive, and pension as set forth in the PPM.
{00527773.1614.1104020}
53
of this Contract shall prevail where applicable.
}
}
't
{00527773.1614-1104020}
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30
f the bargaining unit.
{00527773.1 614-1104020}
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ARTICLE 43 TERM OF AGREEMENT
43.1 The Agreement shall take effect October 1, 2022 and continue in force until
September 30, 2025. There are no monetary adjustments resulting from this
agreement that will be applied retroactively.
tp
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57
42.2 This Committee will meet quarterly, or upon request of either party.
{00527773.1614-1104020)
56
pply to both full-time and part-
time employees.
39.3 Fringe benefits (if any) provided to part time employees, including but not limited
to, health insurance, education incentive, and pension as set forth in the PPM.
{00527773.1614.1104020}
53
of this Contract shall prevail where applicable.
}
}
't
{00527773.1614-1104020}
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30
f the bargaining unit.
{00527773.1 614-1104020}
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CITY PROPOSAL 3/7/22
Revised 7/29/22
7/15/2022 1:55 PM
7/29/22 6:30 PM
8/29/22 11:30 AM
8/29/22 1:50 PM
8/29/22 3:46 PM
rE
SIGNATURE PAGE
CITY F DANIA B ACH / (co
1./1"A //7 ilfeacci
City Manager
•
Date
AFSCME FLORIDA COUNCIL 79, AFL-CIO LOCAL 3535
Pre 'dent
Vice president
Council President
Date % 8!' • B
\.
•
ATTEST: \
9�.1
City Clerk
{00522150.140 614-1104020}
65
to, health insurance, education incentive, and pension as set forth in the PPM.
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53
of this Contract shall prevail where applicable.
}
}
't
{00527773.1614-1104020}
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30
f the bargaining unit.
{00527773.1 614-1104020}
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