Agenda Item 6AGENDA ITEM 6
SEPTEMBER 23, 2013
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Authorization to Execute Contract with LIUNA (Blue Collar) Union
SUBMITTED BY: Jim Hanson, Ci M
DATE: September 12, 2013
STRATEGIC PLAN LINK: N/A
BACKGROUND:
BUDGET:
Representatives from the LIUNA (Blue Collar) Union have indicated that they
are submitting the proposed contract amendments from the City of Atlantic
Beach for ratification of their members in a vote on September 18, 2013. If
they vote to approve the contract at that time, it will be necessary for the
Commission to authorize approval also.
Aside from the pay increases that are similar to those that are proposed for
other City employees in the FY -14 budget there are three other minor contract
amendments that are included in this new contract. Underlined copies of the
changes of the affected pages in the contract are attached for your review. The
entire contract is available from the City Clerk, but it is not being copied for the
agenda packet because of its length.
Funds for pay increases related to this union contract are included in the FY -14
budget which is scheduled for approval by the City Commission on September
23, 2013.
RECOMMENDATION: The City Commission authorize the Mayor to sign the LIUNA (Blue Collar)
Union contract on behalf of the City after approval by the Union.
ATTACHMENTS:
1) Article 6: Union Stewards and Union Representation
2) Article 7: Probationary Employees
3) Article 21: Safety and Health
4) Article 26: Wages
AGENDA ITEM 6
SEPTEMBER 23, 2013
ARTICLE 6 - UNION STEWARDS AND UNION
REPRESENTATION
6.1 Employees covered by this Agreement will be represented by stewards designated
by the Union in the following locations.
Location Number of Stewards
Public Works and Parks 2
Public Utilities 2
The Union may appoint one of the above stewards as a Roving Steward.
When additional permanent work locations are created with more than five (5)
union eligible employees, the Employer and the Union will meet at the request
of either party for the purpose of mutually determining the stewardship needs
of the Union.
6.2 A written list of union stewards shall be furnished to the Human Resource
Manager prior to the effective date of their assuming duties of office. Union
stewards will not perform any grievance work until such notification is received
by the Employer.
6.3 The Business Manager or the President of the Union, may, with prior
authorization by the City Manager or appropriate Department Head, be admitted
to the property of the Employer. Union officials, as designated above, shall be
able to talk with employees before or after regular working hours or during the
lunch period of said employees on Employer property in areas mutually agreed
upon by the Union and the Employer to discuss union business, including but not
limited to, grievances.
6.4 The following sections outline the duties and responsibilities of stewards
recognized union representatives. In those cases which cannot be resolved
otherwise, designated union stewards shall be granted reasonable time off,
without loss of pay, to settle grievances. Work loss must be minimized. The
steward must advise his supervisor of the requirement of such time and secure
permission. Such permission will not be unreasonably withheld. Union stewards
shall normally settle grievances on the job site that is within their designated
jurisdiction. However, if If there is a previous conflict between the designated
union steward and the area supervisor that may interfere with the settlement of the
grievance, the Union may request, in writing, that the City allow for the union
steward from another area represent the member. This exception must be
mutually agreed upon in advance by the City and the Union' Files of the
employee as authorized by Chapter 119 of the Florida Statutes, or exempt files as
authorized by the employee (in writing), shall be open for investigation by the
steward when settling grievances. Union stewards shall not conduct any grievance
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AGENDA ITEM 6
SEPTEMBER 23, 2013
ARTICLE 7 - PROBATIONARY EMPLOYEES
7.1 All employees shall be classified as probationary employees for the first six (6)
months of continuous uninterrupted employment. The probationary period shall
apply for all employees in a new job classification (new employee or an employee
who has been transferred, promoted or demoted). The Department Head has the
discretion to extend the probationary period an additional six (6) months.
7.2 Except in the case of a transfer or promotion to a new position which is set forth
below, at any time during the probationary period the Employer may decide to
terminate a probationary employee with or without cause. Such decision to
terminate shall not be subject to the grievance or arbitration procedures of this
collective bargaining Agreement. Prior to termination, the employee shall be
provided with a written statement of the reason(s) for such action (just cause is
not required) and afforded the right to a pre - disciplinary hearing per Article 9.9.
7.3 Provisions as to seniority shall not apply to probationary employees, rather
seniority shall date back to the time of hire after an employee has successfully
completed his probationary period. If more than one (1) employee is hired on the
same day, seniority shall be determined by the day (1 - 31) of birth, with the
employee with the lowest numeric day of birth having the most seniority.
7.4 Employees who are subject to a probationary period because of a transfer or
promotion to a new Union position shall be returned to the position they held
prior to the transfer or promotion with pay constructively adjusted per Article 26
should management determine that the employee is not successfully completing
the probationary period. However, nothing shall prevent the Employer from
discharging, suspending or otherwise disciplining, the transferred or promoted
employee during the probationary period for just cause. Further, should the
transferred or promoted employee be returned to his former position for failing to
satisfactorily complete the probationary period, the Employer shall have the right
to terminate the individual who filled the transferred or promoted employee's
former position. If the original position of the transferred or promoted employee
resulted in a promotion for another union employee, that employee would be
reverted back to his original position with pay constructively adjusted per Article
26. The new employee hired to fill that open position ( i.e. the lowest level
position in this process) would then be terminated. In most cases, this would be a
new employee. Such termination shall not be subject to the grievance or
arbitration provisions of this Agreement. This policy is only applicable to
transfers or promotions within the LIUNA bargaining unit'
AGENDA ITEM 6
SEPTEMBER 23, 2013
ARTICLE 21 - SAFETY AND HEALTH
21.1 The Employer and the Union agree that they will conform to all laws relating to
safety, health, sanitation and working conditions. The Employer and the Union
will cooperate in the continuing objective of eliminating safety and health hazards
where they are shown to exist.
21.2 Safety practices may be improved upon from time to time by the Employer and
upon recommendations of the Employer and the Union. Protective devices,
apparel, and equipment, when provided by the Employer must be used and any
failure to obey safety regulations or to use safety devices shall result in
disciplinary action, up to and including discharge.
21.3 The Employer agrees to provide hepatitis immunization shots to employees within
the bargaining unit subject to the approval of the appropriate Department Head.
Employees who do not wish to receive the hepatitis immunization shots will be
required to sign a refusal waiver to this effect.
21.4 The employer will require that any employee involved in an accident or incident
resulting in injury and /or damages to property submit to a drug and/or alcohol
test. Failure to pass the drug and/or alcohol test or refusal to take drug and /or
alcohol test will result in disciplinary actions up to and including discharge.
AGENDA ITEM 6
SEPTEMBER 23, 2013
ARTICLE 26 - WAGES
26.1 (a) Effective on the date of ratification of this Agreement by both parties, or
the date of Legislative action pursuant to Section 447.403(4)(d), Florida
Statutes, whichever date is applicable, all full time and regular part time
employees that are in a position that is considered "year round," shall
receive a one percent (1 %) increase in their base pay rate.
Effective October 1, 2013, a fixed amount will be added to each employees'
annual salary for time in their most current position as of October 1, 2013.
1 year as of October 1, 2013 $200
2 years as of October 1, 2013 $400
3 years as of October 1, 2013 $600
4 years as of October 1, 2013 $800
5 or more years as of October 1, 2013 $1,000
Effective October 1, 2013, employees with six (6) months service as of October
1, 2013, are in a position that is considered "year round," working on a schedule
"year round" basis, and have received an evaluation of "Meets Requirements" or
above shall receive a merit increase of 2% of midpoint.
Employees that have met or exceeded the maximum of their pay range will not
be eligible for the fixed amount for time in position. Employees that have met or
exceeded the maximum of their pay range with six (6) months service as of
October 1, 2013, are in a position that is considered "year round," working on a
schedule "year round" basis, and have received an evaluation of "Meets
Requirements" or above shall receive the equivalent of 2% in midpoint. The
hourly wage will be increased to the maximum of the pay range and any
remaining amount will be given in a one onetime merit bonus.
(b) Notes
Evaluations. If an employee does not receive at least a "Meets
Requirements" overall evaluation, they shall not receive a pay
adjustment.
Employees who receive an overall rating of "Below Requirements" on
their evaluation, or who believe the City did not follow the City's
performance guidelines, may file a grievance utilizing the grievance
procedures contained within Article 10.
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