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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 8 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. 46