Liuna ContractAGREEMENT
between
NORTHEAST FLORIDA PUBLIC EMPLOYEES' LOCAL 630
LIUNA, AFL-CIO
"BLUE COLLAR"
!6°oA`
LiUNA
Feel the lower
AND
CITY OF ATLANTIC BEACH, FLORIDA
October 1, 2022 through September 30, 2025
Table of Contents
AGREEMENT................................................................................................................... A
ARTICLE 1 - RECOGNITION..........................................................................................
1
ARTICLE 2 - PAYROLL DEDUCTION AND DUES .....................................................
2
ARTICLE 3 - NO STRIKE PROVISION..........................................................................
3
ARTICLE 4 - MANAGEMENT SECURITY....................................................................
4
ARTICLE 5 - MANAGEMENT RIGHTS.........................................................................
5
ARTICLE 6 - UNION STEWARDS AND UNION REPRESENTATION ......................
8
ARTICLE 7 - PROBATIONARY EMPLOYEES...........................................................
10
ARTICLE 8 - DISCHARGE AND DISCIPLINE............................................................
11
ARTICLE 9 - GRIEVANCE PROCEDURE...................................................................
12
ARTICLE 10 - ARBITRATION PROCEDURE.............................................................
15
ARTICLE1 I - HOLIDAYS.............................................................................................
17
ARTICLE 12 - PERSONAL LEAVE HOURS................................................................
20
ARTICLE 13 - LEAVES OF ABSENCE WITHOUT PAY ............................................
22
ARTICLE 14 - MILITARY LEAVE................................................................................
23
ARTICLE 15 - BEREAVEMENT LEAVE.....................................................................
24
ARTICLE 16 - HOURS OF WORK AND OVERTIME .................................................
25
ARTICLE 17 - INJURY IN THE LINE OF DUTY .........................................................
29
ARTICLE 18 - INSURANCE AND PENSION.............................................................
30
ARTICLE 19 - SAFETY AND HEALTH........................................................................
31
ARTICLE 20 - BULLETIN BOARDS.............................................................................
32
ARTICLE 21 - UNIFORMS.............................................................................................
33
ARTICLE 22 - MILEAGE ALLOWANCE.....................................................................
34
ARTICLE 23 - CAREER DEVELOPMENT...................................................................
35
ARTICLE24 - WAGES...................................................................................................
37
ARTICLE 25 - ALCOHOL AND DRUG TESTING.......................................................
40
ARTICLE 26 - SENIORITY............................................................................................
41
ARTICLE 27 - JOB QUALIFICATIONS AND PROMOTIONS ...................................
42
ARTICLE 28 - SEVERABILITY.....................................................................................
43
ARTICLE 29 - SAVINGS CLAUSE...............................................................................
44
ARTICLE 30 - ENTIRE AGREEMENT.........................................................................
45
ARTICLE 31 - DURATION OF AGREEMENT.............................................................
46
SIGNATUREPAGE.......................................................................................................
47
Exhibit A (Current Pay Scale).....................................................................51
AGREEMENT
THIS AGREEMENT is entered into between the City of Atlantic Beach, hereinafter
referred to as the Employer, or City, and the Northeast Florida Public Employees', Local
630, LIUNA, AFL-CIO, hereinafter refereed to as Local 630, Union, or Employee
Organization. It is the intent and purpose of this Agreement to assure sound and mutually
beneficial working relationships between the parties hereto, to provide an orderly and
peaceful means of resolving misunderstandings or differences which may arise and to set
forth basic and full agreement between the parties concerning wages, hours and other
conditions of employment enumerated herein. There are and shall be no individual
arrangements or agreements covering any part or all of this Agreement contrary to the
terms provided herein. It is mutually understood and declared to be the public policy of
the Employer and the Union to promote harmonious and cooperative relationships between
the Employer and the Union and to protect the public by assuring, at all times, the orderly
and uninterrupted operations and functions of government.
Whenever a male pronoun is used in this Agreement it shall be construed to include
reference to both sexes.
0
ARTICLE 1 - RECOGNITION
1.1 Pursuant to and in accordance with all applicable provisions of Part 11 of Chapter
447, Florida Statutes, the Employer recognizes the Union as the exclusive collective
bargaining representative for those Full Time (FT) employees in the blue-collar
bargaining unit, PERC Certification #927, and as provided in the attached Exhibit
A for the purpose of bargaining collectively in the determination of the wages,
hours and terms and conditions of employment of those public employees within
the bargaining unit.
The Employer agrees to promptly notify the Union in writing of its intention to
create any job classification not specifically listed in Exhibit A which classification
alight reasonably be expected to be appropriate for inclusion within the bargaining
unit. The parties agree to meet and discuss reopening this section to add such
classifications to the description above at the request of either party.
1.2 It is further understood and agreed that the Business Manager or his designee will
be the official spokesman for the Union in any matter between the Union and the
Employer, only however on the matters which the Union has authority regarding
its membership. The Business Manager shall designate in writing the name of his
designee and provide such to the City Human Resource Manager prior to the
designee performing any official union activities.
ARTICLE 2 - PAYROLL DEDUCTION AND DUES
2.1 Upon receipt of a written authorization from the employee covered by this
Agreement, the Employer will deduct from the employee's pay the amount owed to
the Union by such employee for dues. It is understood that this provision will
provide for deductions equal to the number of pay periods per year. The Employer
will submit to the Union the deducted sums within fifteen (15) calendar days.
Changes in the Union membership dues and rates will be certified to the Employer
in writing over the signature of the Business Manager of the Union and shall be
done at least thirty (30) calendar days in advance of the effective date of such
change. The union will make a reasonable effort to notify employees of any
increase in dues in advance of such increase being deducted by the Employer. The
Employer's remittance will be deemed correct if the Union does not give written
notice to the Employer within seven (7) calendar days after remittance is received
of its belief and reasons stated therefore that the remittance is incorrect.
2.2 The Union will indemnify, defend and hold the Employer harmless against any
claim made, and against any suit instituted, against the Employer as the result of
any check -off of union dues.
2.3 An employee may revoke his authorization for deduction of dues provided the
employee gives thirty (30) calendar days written notice to the Employer and the
Union. Upon receipt of such notification, the Employer shall terminate dues on the
pay date immediately following the expiration of the thirty (30) calendar day notice
period.
2.4 No deduction shall be made from the pay of an employee for any payroll period in
which the employee's net earnings for that payroll period are less than the amount
of dues to be checked off. Net earnings shall mean net after required deductions.
2.5 If there is an amount deducted in excess of what is authorized by this Agreement,
the employee affected shall seek recourse within the Union and not the City,
provided that the excess amount deducted was in fact remitted to the Union in the
form of union dues.
2
ARTICLE 3 - NO STRIKE PROVISION
3.1 The Union and bargaining unit members shall have no right to instigate, promote,
sponsor, engage in, or condone any work stoppage, boycott, slow -down, strike,
intentional disruption of City operations, or to withhold services for any reason.
3.2 Local 630, its officers, agents, stewards, and other representatives agree that it is
their continuing obligation and responsibility to maintain compliance with this
Article and the law, including their responsibility to abide by the provisions of this
Article and the law by remaining at work during any interruption which may be
initiated by others; and including their responsibility, in the event of breach of this
Article or the law by other employees, and upon the request of the City, to
encourage and direct employees violating this Article or the law to return to work,
and to disavow the strike.
3.3 In addition to the penalties set forth in Section 447.507, Florida Statutes, any and
all employees who violate any provision of the law prohibiting strikes or this Article
may be disciplined, up to and including discharge, by the City. The only question
that may be raised in any proceeding (grievance, judicial or otherwise) contesting
such action is whether the provision prohibiting work stoppages, boycotts, slow-
downs, strikes, intentional disruption of City operations, or the withholding of
services was violated by the employee to be discharged or otherwise disciplined.
3.4 The circuit courts of this State shall have jurisdiction to enforce the provisions of
this Section by ex parte injunction and contempt proceedings, if necessary.
ARTICLE 4 - MANAGEMENT SECURITY
4.1 (a) The Union, its representatives, members or any persons acting on their
behalf agree that the following "unlawful acts" as defined in Chapter 447,
Florida Statutes are prohibited; 1) Solicitation of public employees during
working hours or 2) Distributing literature during working hours in areas
where the work of the public employees is performed.
(b) The circuit courts of the state shall have jurisdiction to enforce the
provisions of this section by injunction and contempt proceedings if
necessary. A public employee who is convicted of a violation of any
provision of this section may be discharged or otherwise disciplined by the
Employer notwithstanding further provisions of this or any other agreement.
(c) No employee organization shall directly or indirectly pay any fines or
penalties assessed against individuals pursuant to the provisions of this
article.
4.2 The Employer and Union agree that the basic intent of this Agreement is to provide
a fair day's work in return for a fair day's pay and to provide conditions of
employment suitable to maintain a competent work force. The Employer and
Union affirm the joint opposition to any discriminatory practices in connection with
employment, promotion, training or assignment remembering that the public
interest requires full utilization of employees' skills and ability without regard to
race, color, creed, religion, national origin, handicap, marital status, age or sex.
4.3 In accordance with Chapter 447, Florida Statutes, employees shall have the right to
form, join and participate in or refrain from forming, joining or participating in an
employee organization of their own choosing. They shall have the right to be
represented by an employee organization of their choosing to negotiate collectively
through a certified bargaining agent with the City in the determination of the terms
and conditions of their employment.
4
ARTICLE 5 - MANAGEMENT RIGHTS
5.1 Except as expressly provided for in this Agreement, the Employer retains the sole
and exclusive right_
a. to determine the purpose of each of its constituent agencies, the size and
composition of the work force, including the number or composition of
employees assigned to any particular operation, shift or turn;
b. to set standards of services to be offered to the public, standards of conduct and
work of employees, and to establish or change operational or performance
standards;
c. to exercise control and discretion over its organization and operations;
d. to manage its operations and direct the work of the bargaining unit employees,
including the rights to decide the number and location of work stations,
e. to determine the operation of motorized equipment including the number or
type of equipment, vehicles, materials, and supplies to be used, operated, or
distributed,
f. to determine the location, method, means and personnel by which operations
are to be conducted, the scope of service to be performed, the methods of
service, the schedule of work time;
g. to contract and subcontract existing and future work (should the Employer
exercise its management right and decide to contract out existing and future
bargaining unit work, the Employer agrees to notify the Union of its intent to
subcontract no less than thirty (30) calendar days prior to implementation. The
Employer agrees to meet with the Union upon request of the Union; however,
such obligation to meet with the Union shall not affect the Employer's right to
implement said decision free from any bargaining obligation);
h. to determine whether and to what extent the work required in its operations shall
be performed by employees covered by this Agreement;
i. to maintain order and efficiency in its work stations and locations;
j. to curtail or discontinue temporarily or permanently, in whole or in part,
operations whenever in the opinion of the Employer good business judgment
makes such curtailment or discontinuance advisable;
k. to hire, lay-off, assign, transfer, promote, demote and determine the
qualifications of employees;
5
1. to create new job classifications, expand, reduce, alter, combine, transfer,
assign, cease, create and amend job descriptions and to abolish jobs, increase
or decrease the number of jobs or employees;
m. to determine the assignment of work, and to schedule the hours and days to be
worked on each job and each shift;
n. to determine the starting and quitting time and the number of hours to be
worked, assign and reassign shifts, create, abolish or alter shifts, and rotate
shifts;
o. to require an employee to take a physical or mental examination, given by a
health service, or a physician or psychiatrist selected by the Employer;
p. to require employees to work overtime;
q. to discipline, suspend, and/or discharge employees for just cause (excluding
newly hired probationary employees); and
r. to have complete authority to exercise those rights and powers incidental
thereto, including the right to make unilateral changes, subject only to such
regulations governing the exercise of these rights as are expressly and
specifically provided in this Agreement.
5.2 The above rights of the Employer are not all inclusive but indicate the type of
matters or rights which belong to and are inherent to the Employer. Any of the
rights, powers, and authority the Employer had prior to entering into this collective
bargaining agreement are retained by the Employer, except as expressly and
specifically abridged, delegated, granted or modified by this Agreement. The
management rights, functions privileges and prerogatives referred to in this Article
which the Employer has not expressly modified or restricted by a specific provision
of this Agreement are not in any way, directly or indirectly, subject to the grievance
or arbitration procedures, and the Employer has no obligation to bargain over the
decision to exercise such rights, functions, prerogatives and privileges, or the effect
of such decisions.
5.3 Any and all aspects of wages, hours, and working conditions, which are not
specifically covered by this Agreement, may be initiated, instituted, continued or
discontinued without notification of or consultation with the Union. The Employer
is not required to continue those voluntary aspects of wages, hours, and working
conditions not included in this Agreement, but which were in effect prior to entering
into this Agreement or instituted thereafter, nor shall the employees have any
binding right to such matters.
5.4 It is agreed that every incidental duty connected with operations enumerated in job
descriptions is not always comprehensive and employees at the discretion of the
City may be required to perforin duties not within their specific job
descriptions as long as they are related to Department operations and have the
approval of the appropriate Department Head.
6
5.5 Whenever it is determined that civil emergency conditions exist, including riots,
civil disorders, hurricane conditions, or similar catastrophes, the provisions of the
Agreement may be suspended by the Mayor or the City Manager during the time
of the declared emergency only, provided that wage rates and monetary fringe
benefits shall not be suspended.
5.6 The Employer's failure to exercise any function or right hereby reserved to it, or its
exercising any function or right in a particular way, shall not be deemed a waiver
of this right to exercise such function or right, nor preclude the Employer from
exercising the same in some other way not in conflict with the express provisions
of this Agreement.
5.7 The exercise of the above -referenced management prerogatives shall not be subject
to the grievance or arbitration procedures of this Agreement; provided however,
that 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 this Agreement.
7
ARTICLE b - 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 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 hive (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 perforin 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 he able to talk with
employees before or after regular working hours or during t17e 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. If theme 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 work on premium time (overtime) except in emergency
situations occurring during such premium hours that involve suspension or
discharge. Supervisor permission shall be given orally to the union steward
provided that said oral authorization insures adequate controls of the steward's time;
8
otherwise written permission shall be required. ifit becomes necessary fur a union
steward to receive written permission, the department will provide a form that will
be used for this purpose. Upon returning to his work assignment, (lie steward shall
report to his inimedinte supervisor_ unless prior consent not to do so has been
secured,
6.5 Union stewards shell be employees as designated by Ilse Union, and sliall be
members of the bargaiising unit.
6.6 Union representatives, while on public property and Functioning as stewards, are
subject to the sante rules of the Employer as all other public employees, except as
specifically provided in this Agreement.
6.7 No employee shall function As a union steward while oil leave of absence, without
mutual consent of tile Union and the Employer.
6.8 When 11 becomes necessary for a union steward to enter a division or area other
than his own for the purpose of conducting union business authorized by this
Agreement, he will secure pennission for his presence from the supervisor of that
area or division or activity and notify the supervisor of the general nature of his
business.
6.9 Nothing is this Agreement shall be construed to prevent any employee frorn
presenting, at any time, his own grievances to the Employer, in person or by legal
counsel, and having such grievances adjusted without the intervention of the
bargaining agent if the adjustment is not inconsistent with the terms of the
Agreement when in effect, and if the bargaining agent or his designee has been
given reasonable opportunity to he present at any meeting called for the resolution
of such grievance.
6.10 Employees of the designated bargaining unit shall have the right to join the Union,
to engage in lawful concerted activities for the purpose of collective bargaining or
other mutual aid and protection, and to expivss or communicate any view,
grievance, complaint or opinion, within the bounds of good taste related to the
conditions or compensation of public employment or it betterment, all free from
any restraint, coercion, discrimination, or reprisal. There shall be no restraint,
discrimination, intimidation, or reprisal against any employee because of that
employee's membership or lack of membership in the Union or by virtue of his
holding office or not holding office in the Union. This provision shall be applied
to all employees by the Employer and the Union.
6.11 All stewards have productive work to perform as assigned by the Employer. The
parties agree that each will cooperate with the other in reducing to a minimum the
actual time spent by union representatives in investigating, presenting, and
adjusting grievances or disputes, Employer a c� es_that each Union Steward is
allowed two work days of Union- aid training per yggr.
9
ARTICLE 7 - PROBATIONARY EMPLOYEES Discuss
7.1 All employees shall be classified as probationary employees for the first six (G)
months Of C011tlnUOUS uninterrupted employment. The probationary period shall
apply for all employees in a new_Iob 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 (C) months,
7.2 Except in the case of a transfer or promotion to a new position which is set forth
below, at any time dUrillg 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.
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 clay, 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 Nvho 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 hack to his original position with pay constructively adjusted per Article
24. 'rhe 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.
U
ARTICLE 8 - DISCHARGE AND DISCIPLINE Uisewss
8.1 The Employer shall not discharge, suspend or otherwise discipline employees
except for.itist cause, and in no event until the employee has been furnished with a
written statement of the charges and the reason or reasons for such action. Any
dispute over suspension, discharge, Lir other disciplinary action may be submitted
to the grievance procedure as set Forth in Article 8 (See Article 7 for exception).
The Employer shall consider, among other things, the seriousness and frequency of
offenses when determining the appropriate discipline, which may include a
warning, $Llspet151o11 or immediate discharge. Employees are not entitled to a
particular number of warnings prior to the imposition of discipline, including
discharge.
ARTICLE 9 - GRIEVANCE PROCEDURE
9.1 In a mutual effort to provide harmonious working relations between the parties to
this Agreement, it is agreed to and understood by both parties that there shall be a
procedure for the resolution of grievances between the parties arising from an
alleged violation of specific terms of the Agreement as provided in this Article.
9.2 For the purpose of this Agreement, a grievance is defined as a claim or complaint
that an employee or group of employees may have that the Employer has violated
a specific provision of this Agreement, provided such specific provision is subject
to the grievance and arbitration procedures of this Agreement. Discipline, or other
employment actions, of newly hired probationary employees, up to and including
discharge, is not subject to the grievance procedure. No employee, or other person
or entity, may file a grievance concerning the discipline, including discharge, or
other employment action taken against any new hire probationary employee, and
the City is not required to consider, respond to, or act upon any such grievance.
9.3 Grievances may be taken up during the working time of the grievant upon mutual
agreement between the Employer and the Union.
9.4 All grievances must be reduced to writing and must contain the following
information (form located on the City's O -Drive):
(a) The specific Article and Section of the Agreement alleged to have been
violated by the Employer;
(b) A full statement of the grievance, giving a complete description of the facts
and dates and times of the events involved in the alleged violation, and the
specific rernedy desired by the grievant;
(c) Signature of grievant and date signed; and,
(d) Designation of the union steward or business agent if the grievant requests
union representation.
9.5 All grievances shall be processed in accordance with the following procedure:
Step 1 - The grievant shall present his grievance, in written form (in compliance
with Section 9.4), to his immediate supervisor within ten (10) working days of
receipt of a official written notice or of the occurrence of the action giving rise to
the grievance, provided that should the action giving rise to the grievance occur
while the employee is on authorized paid leave of absence or is on his scheduled
day off the grievant shall have ten (10) working days upon return to his job to
present his grievance. Discussions will be informal for the purpose of settling
differences in the simplest and most effective manner. The immediate supervisor
will discuss and make an effort to resolve all legitimate grievances with fairness
and justice for both the grievant and the Employer. The immediate supervisor shall
12
oral l -y eF►ttowiniem provide a rvriue�mse a4auislon to the grievant within len
(10) working days frons the date the grievance was orally presented to him.
Step 2 (Written) - I f the grievance is riot settled at the first step, the grievant within
ten (10) working days of receipt of the inirnediate supervisor's Step I response,
shall present the grievance to written term (in compliance with Section 9.4) to the
supervisor of the individual that provided the Step 1 response, normally the
Division Director, with a copy to the Department Head. The appropriate supervisor
shall investigate the alleged grievance and shall within ten (10) working days of
receipt of the written grievance conduct a meeting with the grievant and the union
steward and/or Business Managerifthe grievant requests union representation. The
appropriate supervisor shall notify the grievant, to writing, cof his decision no later
than ten (10) working days following the meeting date.
Note:
If the Department Head is the supervisor at the Step 1 grievance or the next
supervisor after the verbal Step I grievance reply, the grievance shall be submitted
directly to the Department Head as a Step 3 grievance,
If there are additional supervisors, the grievance shall be submitted to them utilizing
Step 2 grievance procedures, as necessary, until the grievance reaches Step 3, i.e.,
the Department Ilead.
Step 3 - If the grievance is not settled at the second step, the grievant, within ten
(10) working days of receipt of the Step 2 response, shall present the grievance in
writing and in compliance with Section 9.4, to it}e appropriate Department Head
with a copy to the City Manager. The appropriate Department head, or designee,
shall investigate the alleged grievance and shall within ten (10) working, days of
receipt of the written grievance conduct a meeting with the grievant and the union
steward and/or Business Manager if the grievant requests union representation. The
appropriate Department Ilead, or designee, shall notify the grievant, in writing, of
his decision no later than ten (10) working days following the meeting date.
Step 4 - If the grievance is not settled at the third step, the grievant within ten (10)
working days from receipt of the Step 3 decision, shall present the written grievance
to the City Manager. The City Manager, or designee, shall investigate the alleged
grievance and may within ten (10) working days of receipt of the written grievance
conduct a meeting with Employer representatives, the grievant and the union
steward and/or Business Manager if the grievant requests union representation. The
City Manager or his designee shall notify the grievant, in writing, of his decision
not later than ten (10) working days after the date the grievance was received by
the City Manager, or after the meeting with the representatives and/or grievant.
Step S - Arbitration - If a grievance, as defined in this Article, has not been
satisfactorily resolved within the grievance procedure, the Union may request
arbitration in writing to the Office of the City Manager no later than ten (10)
working days atter the response is received from Step 4 of the grievance procedure.
9.6 It is the mutual desire of the Employer and the Union that grievances shall be
13
adjusted as quickly as possible and to that end the time limits set forth in this Article
are to be strictly enforced. The time limits may only be extended by mutual written
agreement. The term "work days" as used in this Article includes Monday through
Friday of each work week regardless of the grievant's work schedule. Saturdays,
Sundays, and holidays as set forth in this Agreement shall not be considered "work
days" even if work is assigned on these days. For the purpose of calculating time
limits, the day on which a grievance, or a reply by management to a grievance, is
received, shall not be counted. Failure of management to observe the time limits
for any step in the grievance procedure without a mutually agreed written extension
of time shall entitle the grievant (or the Union in the case of Step 5) to advance the
grievance to the next step. Failure of the grievant (or the Union in the case of Step
5) to observe the time limits for any steps in this Article without a mutually agreed
written extension of time shall terminate the grievance.
14
ARTICLE 10 - ARBITRATION PROCEDURE
10.1 Whenever the Union requests arbitration in accordance with the provisions of the
Grievance Article, the parties shall within tib -fifteen (I5) working days following
appeal to arbitration jointly request the Federal Mediation and Conciliation Service
to submit a panel of seven (7) arbitrators,, eaeli ef .vhow Ow W -be a me i6e+-oR4w
National eadenyf &;b cftwm. Arbitrators shall be selected froth such panel by
alternately striking names from this list (tllc Union shall make the first strike) until
the last name on the list is reached.
10.2 The limitations on the powers of the Arbitrator are as follows:
(a) The Arbitrator shall not have the power to add to, subtract from, or alter the
terms of this Agreement;
(b) The Arbitrator shall have no power to establish wage scales, rates for new
jobs, or to change any wage;
(c) The Arbitrator shall have only the power to rule on matters arising under this
Agreement -ties --mfr ed ex iiv .}y4o-tlae ue4ion�0 wl-i�ojemed
mteit h"eto l -and eKWing;
(d) The Arbitrator shall have no power to arbitrate any matter after this
Agreement has expired, unless the event giving rise to the grievance occurred
prior to the termination of this Agreement and a written grievance was
submitted within fifteen (15) working days after the expiration of this
Agreement and has been timely processed.
(e) If the subject of the grievance submitted to arbitration concerns disciplinary
measures (including discharge) taken against one or more employees, the
Arbitrator is only empowered to pass upon whether the employee or
employees concerned actually committed, participated in, or were responsible
for the act of misconduct. The Arbitrator has no authority to pass upon the
nature, extent or severity of the disciplinary measure(s) taken, such
determination being solely a managerial prerogative. If the Arbitrator finds
that the employee has not committed, participated in, or was not responsible
for, the act of misconduct for which he has been disciplined, the Arbitrator
has the power to make the employee or employees whole, including ordering
back -pay (less compensation received from any other sources) For time lost,
and reinstatement when applicable.
10.3 There shall be no appeal from the Arbitrator's decision; it shall be final and binding
on the Union and on all bargaining unit employees and on the Employer, provided
the Arbitrator's decision is not outside or beyond the scope of the Arbitrator's
jurisdiction, or is not in violation of public policy. The authority and responsibility
of the Employer, as provided by Florida law, shall not be usurped in any matter.
15
1 U.4 The cost of the Arbitrator's services shall be divided equally between the Employer
and the Union. Each side will pay its own representative and witnesses. The cost
ofa court reporter and (lie transcription fee shall be paid by the party requesting the
court reporter and/or a transcription of the proceedings. The cost of court reporter
or/and other costs and fees, if requested by the Arbitrator, shall be divided equally
between the Employer and. Union. Other requests from the Employer and/or Union
shall be paid by the requesting, party; however, if either party requests transcripts,
copies of such shall be provided to the other party per the Florida Public Records
Act (F5-1 19).
10.5 The commencing of legal proceedings against the City or any managerial employee
of the City in a court of law or equity or before the Public Employees Relations
Commission, the City's grievance procedure, or any other administrative agency by
an employee, or group of employees, for alleged violations of the express terms of
the Agreement shall be deemed a waiver to resort to the grievance or arbitration
procedures contained herein for resolution of the alleged violation of the terms of
this Agreement. Additionally, the commencing of legal proceedings against the
Union in a court of law or equity or before the Public Employees Relations
Commission, or any other administrative agency, by the City or any of its
managerial employees for alleged violations of the expressed terms of this
Agreement shall be deemed a waiver by such employee or the City of the ability to
resort to the grievance or arbitration procedures contained herein for resolution of
the alleged violation of the terms of this Agreement. Likewise, the utilization of
the Grievance or Arbitration procedures in this Agreement for the resolution of
alleged violations of this Agreement shall constitute a waiver of any rights the party
who initiated the grievance may have to review by the Public Employees Relations
Commission, the City's grievance procedure, or any other administrative agency.
10.6 Prior to initiating judicial review by any court for any alleged violation of this
Agreement, the grievance procedure of this Agreement must be completely
exhausted.
10.7 n. r kl e toyaeiions Vii- L amt
5.xoh et -on cannot bekited to ai-b-Ifation
16
ARTICLE I 1 - HOLIDAYS
11.1 The following are recognized as holidays under the terms of this Agreement.
New Year's Day
.January 1st
Martin Luther King's Birthday
3rd Monday in January
President's Day
3rd Monday in February
Memorial Day
Last Monday in May
Juneteenth
June 19di
Independence Day
July 4th
Labor Day
1 st Monday to September
Veterans Day
November 11 th
Thanksgiving Day
4th Thursday in November
Friday after Thanksgiving Day
Friday after Thanksgiving
Christmas Eve
December 24th
Christmas Day
December 25th
Any day that the City Commission may designate
Whenever a holiday falls on Saturday, it shall be ohsenoed on the preceding
Friday. When a holiday falls on Sunday, the following Monday will be
observed as the holiday.
Christmas:
Whenever Christmas falls on a Saturday, Christmas shall be observed on the
preceding Friday, with Christmas Eve observed on the preceding Thursday.
Whenever Christmas falls on a Sunday, Christmas shall be observed on a Monday,
with Christmas Eve observed on the preceding; Friday.
Whenever Christmas falls on a Monday, Christmas shall be observed on ]Monday,
with Christmas Eve observed on the preceding Friday.
For employees that work shifts other than Monday throe h Friday:
Holidays shall be observed on the actual date that they occur,
Note: Full Time employees shall be entitled to a maximum of eight (8) hours per holiday
(96 hours per year) of holiday leave and/or holiday pay.
11.2 Whenever an observed holiday occurs on an employee's scheduled day off, the
Employer shall provide the employee with 8 hours of compensatory time at the
straight time or compensate him with 8 hours at straight time rate in order to
equalize the observed legal holidays in Section I I.l.
efopleyee ha fs wHI be ...Witt ha ed-01,.ti War -k hour - r1ded -thin die
17
41'L7LT�4f.
11.3 Working a Holiday
Regular Full Time Employees.
Nonexempt employees who work on the observed holiday, per Article 1 1.1.
shall receive;
- eight hours of pay for the Holiday plus, at the employer's discretion;
-- their normal rate of pay for each hour' worked on the holiday, or
-- compensatory time, hour -far -hour, for each hour worked during the
holiday, or
-- any combination of pay and/or compensatory time which results in the
employee receiving 8 hours of Holiday pay plus straight time for all
hours worked on the observed holiday.
4e44e4d-or:
eO"10FY time,- Sari. f9f: hous', f,eaeh ,our %yerked during aha
hekday, —of
nr.yetloyea .Fai r MUFS Of HOliday 13ay PI SiFai�.1_ �,_Wiffle,
A hours A1,gPFA'P..1 helide-
Temporary and Part Time Employees who do not receive Holidays
Temporary or Part Time employees that work a holiday shall receive pay at
time -and -one-half their regular hourly rate of pay for hours worked on the
observed holiday.
In no case shall the employee receive, in either pay or time off, an amount in excess
of double time for eight holiday hours.
Exception to above. Hours worked per week that exceed 40 will be paid at the
time-and-a-lialf rate.
11.4 In order to be eligible for holiday pay or compensatory tirne the employee must
have worked the last scheduled working day immediately prior to the observed
18
holitiq and the first regularly scheduled working day immediately iifler Ole
observed holiday unless the employee is on paid -authorized vacation, military
leave, paid sick leave substantiated by a doctor's certificate, or other paid absences
excused by the appropriate Department Head.
11.5 Employees who have been assigned holiday work and nai l to report for and perform
such work without reasonable cause shall not receive pay or compensatory time for
the holiday.
11.6 Employees who are on an unpaid leave of absence, layoff, or in a non -pay status on
the day on which a holiday is observed shall not receive pay or compensatory time
for the holiday.
11.7 For purposes of this Article, all holidays shall commence at 12;01 a.m. on the elate
the holiday is observed (as set forth in Section 11.1) and continue for twenty-four
(24) uninterrupted hours.
11.8 The accrual and payout of compensatory time under this Section shall be governed
by the provisions of Article 16.
19
ARTICLE 12 - PERSONAL LEAVE HOURS
12,1 (a) The "Personal Leave Hours" concept is an advancement front the traditional
vacation and sick leave system. Pevsovuil lea�►-E�f-&u riol- a lge-eonsidered
samp�► ,4iort-fc ireimdei!e�All bargaining unit employees may be
absent fi-om work and still receive regular wages provided the employee has
a Personal Leave or Compensatory Time balance, and follows the procedures
set forth in this Article and receives prior approval li•oin the employee's
supervisor, or the appropriate Department Head or his designee,
(b) When a Personal Leave Hour is used for illness or other emergencies,
employees are required to notify their supervisor, or if he is unavailable the
appropriate Department Head of the nurture of the illness or emergency as
early as reasonably possible and no later than one (1) hour after starting time
each day the employee intends to be absent, that the employee is unable to
report to work because of illness or ether emergency; however, employees on
shift work must notify the supervisor or if he is unavailable the appropriate
Department Head no later than one (1) hour before shift starting time.
Except as stated above when an employee is planning to use seventeen (17)
hours or more of Personal heave Hours he must submit his request to take
leave in writing to the appropriate Department Head or his designee at least
five (5) calendar days prior to the first day of the intended absence. When an
employee is planning to use less than 17 hours of Personal Leave Hours he
must submit such request at least forty-eight (48) hours prior to the first day
of the intended absence. The appropriate Department Head or his designee
shall respond to the request as soon as possible after receipt of the request.
Personal heave may be taken in increments of tifteen (1S) minutes or more.
Approval of leave may be suspended if in the discretion of the appropriate
Department Head such leave would pose a manpower shortage which would
have an adverse effect on the operation of the Department, or if the
notification requirements set forth in this Article are not followed,
(c) Effective on the date of ratification of the Agreement by loath patties, the
maximum number of personal leave hours which may be accrued and carried
forward to the following fiscal year is 680 hours, Within thirty (30) calendar
days from the effective date, any employee who has exceeded the limit of 684
hours will receive a buyout of accrued personal leave far all hours that exceed
the new maximum accrual limit of 680 hours. Thereafter, the maximum
number of personal leave hours which may be accrued and carried forward to
the following fiscal year is 680 hours.
Employees should make every attempt to schedule and use their personal
leave prior to the end of each fiscal year. Failure to use the personal leave
20
time will result in rori'citure on October 1 ofeach fiscal year ofany time that
exceeds the 680 hour limit.
I1 a personal leave request is cancelled by the City due to no fault of the
employee and cannot be rescheduled prior to the end of the fiscal year, the
City Manager may approve the employee to carry-over the personal leave
hours that were canceled. In such unusual case, the employee must use these
personal leave hours prior to the end of the next fiscal year.
(d) For Personal Leave used for illness, the Employer always retains the right to
require medical documentation cif the illness.
(e) No Personal leave Hours may accumulate to an employee who is in a non -
pay status, utilizing donated leave or on any leave of absence. Employees
that have 40 hours or more of time without pay during a pay period will not
be eligible to accrue personal leave for that pay period.
(f) Subject to the restrictions contained in this Agreerrnent, Personal Leave Hours
shall accumulate during each pay period and shall be credited to the employee
at the end of the pay period.
(g) Eligible employees who resign with at least two (2) weeks prior written notice
to the City Manager, are laid off, retire, or whose employment has not been
involuntarily terminated shall be compensated as follows: Employees hired
by the City before October 1, 2012, with ten (10) or more years of completed
service on the date their employment ends shall be paid at 100% of the
personal leave hours accrued (up to a maximum of 680 hours); employees
hired by the City before October 1, 2012, with less than ten (10) years of
completed service on the date their employment ends shall be paid 50% of
personal leave hours accrued (up to a maximum of 680 hours); and,
employees hired by the City on or after October 1, 2012, shall be paid out
50% of personal leave hours accrued (up to a maximum of 680 hours).
(h) The accrual rate of Personal Leave Hours shall be determined as follows:
PERSONAL LEAVE ACCRUAL
Total Annual Accrual Per Pay Period
Yearns of Service Flours
1 Year
133.00 5.12
()d00 6.
]}�r.
�1 day tE�ru 3 year 157.-
�'
4 yrs. 1 dryV tltru 5 year 173.00 6.65
u, 0
Gyrs. l day klu•v 7 year 189,0 7.27
21
.
8 yrs. 1 da t' 21300 8.19 thru 10 year -- —
11 M. 1 da � thru 12 car 229.00 8.81
13yrs.-1 da thru 14 th year
245.00 9..42
15 years or snore. 261.00 10.01
Personal leave accrual cannot exceed 680 hours at the end of each fiscal Year. Time in
excess o1'6$0 hours will be forfeited, unless a valid reason is submitted
in writingby
the Department Head to the Director of Human Resources and approved by the Cit
Maria e� r Employees who give the required two weeps' notice and who were hired prior
to 10/0112012 with less than 10 years of service at tiine of termination will receive 50%
payout of personal leave and employees with more than 10 years of service at time of
terniination will receive 100% payout of personal leave. Em to ees hired af=ter
10/01/2012 will receive 50% payout of personal leave at termination.
ARTICLE 13 - LEAVES OF ABSENCE WITHOUT PAV
13.1 Leaves of absence without pay, unless mandated by Federal or State law,
may, in the sole discretion of the City Manager, be granted when annual
leave has been exhausted.
13.2 All leaves, with or without pay, should be requested by the employee in
writing and should be approved in writing before becoming effective.
13.3 An employee's starting date will be adjusted for leaves of absence without
pay in accordance with state and federal statutes and local ordinances.
22
ARTICLE 14 - MILITARY LEAVE
14.1 The Employer will grant employees leaves of absence for military duties as dictated
by the requirements of state and federal laws.
14.2 Employees requesting military leave are responsible for notifying the appropriate
Department Head as soon as possible of the dates for the military leave and to
provide an official set of orders, or other documentation of the training, as soon as
practicable.
14.3 An employee will not be paid for Military Leave until an official set of orders or
appropriate documentation has been received.
23
ARTICLE 15 - BEREAVEMENT LEAVE
15.1 Employees covered by this agreement may be granted, upon approval of the
appropriate Department Head, time off with pay not to exceed three (3) calendar
days, in the event of a death in the employee's immediate family for the purpose of
attending the funeral and/or attending to related ob] igations of the deceased relative.
15.2 The employee's immediate family shall be defined as the employee's spouse, father,
step -father, mother, step -mother, son, daughter, brother, sister, father-in-law,
mother-in-law, grandparents, grandchildren and any other member of kinship who
may be residing under the same roof with an employee during the time of death.
15.3 Funeral leave or bereavement leave shall be leave with full pay and benefits and
shall not be charged to personal leave days.
15.4 The employee may be required to provide the appropriate Department Head with
verification of death before compensation is approved.
15.5 Employees will be allowed to utilize forty (40) hours of personal leave to extend
bereavement leave.
24
ARTICLE 16 - HOURS OF WORK AND OVERTIME
16.1 The purpose ofIli is Article 1s to de -0110 IIGUI-S ofwork but nothing in this Agreement
shall be C011SUIled as a guarantee or limitation of the number of hours to be worked
per day, days per week, or for any other period of tillie, except as may be
specifically provided herein.
16.2 Unless changed by the City, forty (40) flours shall constitute a natural workweek
for an employee covered by this Agreement, except as herehialier provided.
Nothing herein shall guarantee an employee payment for a forty (ALU) hour work
period unless the employee actually worked a forly (40) hour workweek or his
actual hours worked and his authorized compensated leave totals forty (40) hours.
For the purpose of this Agreement, authorized compensated leave shall mean
holidays on which the employee is excused from work, authorized compensatory
time taken, bereavement leave, jury duty, and any other leave paid for and
authorized by the City.
Overtime will be compensated at time and one-half (1-1/2) for all hours worked in
excess of tarty (40) hours within any seven (7) consecutive calendar day City
established work period (Exception: See Art 16.13). Compensation for overtime
hours worked shall be paid to the employee during the same pay period in which it
is worked, providing the paperwork is delivered to the appropriate payroll office in
a timely manner to process for that pay period.
16.3 The City shall have the discretion to compensate for overtime hours worked in the
form of cash or compensatory time. Should the City decide to compensate the
employee in the form of cash, the employee shall be paid at the straight time rate
for all hours worked over the employee's normal schedule in a work week that are
less than 40 and at the rate of one and one-half (1'/z) the employee's regular rate of
pay for each overtime hour worked in a work week that exceeds forty. Should the
City decide to compensate the employee in the forth of compensatory time, the
employee shall be credited at the straight time rate for all hours worked over the
employee's normal schedule in a work week that are less than 40 and at the rate of
one and one-half (l !7) hour of compensatory time for each overtime hour worked
in a work week that exceeds rorty.
16.4 Employees shall not be able to accumulate more than fifty (50) hours of
compensatory time. Oiwe-the eap is feaehedQ�1 tfE►t 1i+��� � kE' t 1Ta-H�
15.5 An employee who has accrued compensatory time will be permitted to use the time
off within a reasonable period after making, a request to use same, provided it does
not unduly disrupt the operations of the City. Requests to use compensatory time
must be made in writing to the employee's supervisor.
25
16.6 At any lime the City, in its sole discretion, may determine to substitute cash. in
whole or in Dart, for compensatory time. All accrued compensatory time oft must
be taken during the fiscal year (October 1 - September 30) in which it is earned. If
clot. the employee shall receive a cash payment for the excess unused colnpenSato ry
time on or alter the last pay period of the fiscal year but no later than September
301h of the same fiscal year at the regular hourly rate earned by the employee at the
time the employee receives such payment. Employees shall not be paid for any
compensatory time unless their balance exceeds one hour.
16.7 Should an employee voluntarily switch shifts with another employee for the
employee's convenience, no overtime compensation will be payable and the hours
the employee worked as a substitute shoal l be excluded by the City in the calculation
of the hours for which the employee is entitled to overtime compensation. All such
shift trading must be approved by the immediate supervisors prior to the trade and
the period during which time is traded and paid back must not exceed twelve (12)
months. flours worked by the volunteer substitute employee will he paid to the
employee that was regularly scheduled to work and not to the volunteer substitute
employee. The volunteer substitute employee must make arrangements with the
employee lie is replacing for any compensation.
16.8 Nothing in this Atlicle shall require payment for overtime hours not worked, except
as provided herein.
16.9 All employees shall be required to report to work oil time, shall not leave the job
early, shall be prompt in reporting to their assigned duties, and shall faithfully
perform their duties.
16.10 Employees covered by this Agreement shall be givers forty-eight (48) hours notice
of any change in their regular hours of work, unless an unscheduled absence by
another employee or circumstances necessitate a quicker change.
16.11 The appropriate Department Head is authorized to schedule employees on a "task
basis".
16.12 'There will be no duplication of premium payments and no claims that provide for
"overtime on overtime or compensatory time, i.e., no pyramiding of overtime".
16.13 An employee who has left his normal place of work and who is "called -back" Tor
overtime work shall receive a minimum payment of three (3) hours at time and one-
half (1'l2) the employee's regular rate of pay or the actual hours worked at time and
one-half (1 Y2), whichever is greater. ThiA, pftwi4L4i -wi11 ati'e--e6ei ly Bullsek 0
Sefitei}ii�e�2017,and will niinintHtir--Employees
shall be compensated for additional call backs as provided herein if the employee
has completed the call back assignment and has left his place of work prior to
receiving another call back. Employees shall not receive ovetlime pay on overtime
pay for additional call-backs that occur within the two (2) hour period of a previous
call-back, that is, there will be no overtime on overtime. Prearranged overtime shall
26
not constitute a "call back". This Section shnll not apply if hours worked as a result
of a call back extend into the start of tile employee's regular work period.
Employee's who report to work for scheduled overtime shall receive a minimuit,
payment oftwo (2) hours at one and times her/her regular rate.
16.1=1 upon proofof attending, court pursukint to subpoena or other court order involving
a job-related case, not as a plaintiff in litigation against the City, an off-duty
employee will receive pay equal to one and one-half (1'/z) times (lie employee's
regular straight time hourly rate of pay for the hours he attends court. Provided,
that such employee shall receive a Mininzun7 of two (2) hours pay at the rate of one
and one-half w/s) the employee's regular straight time hourly rate for such
attendance. The City reserves the right to institute any procedure or system it deems
appropriate to measure, record, and/or verify attendance and duration of ofd duty
court appearance. In the event any employee claims lime not actually spent in off-
duty court appearance, lie may be discharged or disciplined. The employee will
sign over all subpoena and witness fees that exceed twenty dollars ($20.00),
excluding travel reimbursement, unless City transportation is furnished in which
case such travel reimbursement should not be requested or accepted or if received
will be signed over to the City.
16.15 No employee shall authorize overtime for himself but shall be entitled to work
oveilhue as assigned or authorized by the appropriate Department Head. It is
understood that the City has the right to schedule overtime work as needed, and in
a manner most advantageous to the City.
16.16 Overtime hours shall be distributed as nearly equal as possible among employees
as long as such sharing; will not delay or increase the cost of the City's operations,
16.17 Employees required to be accessible by telephone and not performing actual work,
but in readiness to perform work when the need arises, shall be considered to be on
standby. If the employee performs actual work during the standby period, the
employee shall be considered to have received a call -out, and shall be paid in accord
with Article 16.13.
Any employee designated by the Employer to be on standby duty shall receive, in
addition to his regular pay, an additional $t-7 30 or each Full day the employee
iisy�requir�e`di'tooibe available on standby
4'7[F tFif77LRT "1. �, TYd7"u'ty4i. AHi1]lfiHyf12�4�1R sunsa*
3flt'7' �yToane
be eligible for standby compensation, the employee must meet the following
criteria;
(a) The employee must respond by phone within twenty (20) minutes of receiving
Page.
(b) The employee must arrive at job site within one (1) hour of returning, page by
phone to the Employer.
(c) Employees that take personal leave during the standby period must be
27
available for cull -back and able to respond within the above lime frames.
(d). -Employees who are called by their supervisor, but not required to respond, will
receive one hour straight tune pay. 1114,, inion -vii of a6ftl-ly -'Hoift"rt
Ld.L
16.18 An employee who has worked sixteen (16) hours or more in a twventy-four (24)
hour period, or eight (8) hours or more overtime ill the sixteen (16) hour period
immediately preceding his/her normal workday shall upon release, be entitled to
all eight (8) hour rest period before lie/she returns to work. If the employee is
called back to work without completing hislber eight (8) hour rest period, he/she
shall be compensated at the overtime rate of one and one-llalf (l %) limes his/her
regular rate of pay for all hours worked, commencing iron/ the time he/she reports
back to work and ending, when lie/she is released for an eight (8) hour rest period.
16.19 All employees shall be provided with at least a one-half ('/2) hour lunch break
which shall be the employee's own time. If the employee is required to work their
lunch break, the employee shall be compensated as provided within this Article.
Employees shall be provided with two (2) fifteen (15) minute break periods with
pay. The first break shall be taken within the first four (4) hours ofwork and the
second during the last four (4) hour period of work. Break periods, must be
utilized during the appropriate period or they are "lost". They may not be
accumulated to allow for early departure or the modifications in an employee's
work schedule.
16.20 Except for outside workers, smoking is limited to official break periods or
during the employee's lunch period.
29
ARTICLE 17 - INJURY IN THE LINE OF DUTY
17.1 Any employee covered by this Agreement who sustains a temporary disability as a
result of accidental injury in the course of and arising out of employment by the
Employer, shall, in addition to the benefits payable under the Workers'
Compensation law of the State of Florida, be entitled to the same Workers'
Compensation benefits as provided to other City employees.
29
ARTICLE 1S -INSURANCE AND PENSION
15.1 The City ag,rces to continue to provide employees with a group term file insurance
policy. The City agrees to pay the premiums for the employees' coverage for such
insurance.
18.2 The City agrees to provide employees with the same basic group health insurance
program as offered to other City employees. The City agrees to pay the same
amount of premium for the same insurance coverage, including dependent
coverage, for bargaining unit employees as it does for other City employees.
19.3 All hired on or after September 1, 2008 will participate in a Defined Contribution
Retirement Plan. The City will match contri butiorts made by individual employees
up to six (b) percent of their compensation during the first ten (10) years of service.
After ten (10) years of service, the City will contribute an additional four (4) percent
of the employee's compensation. Matching is not required for the additional four
(4) percent contribution. Employees will be vested at fire -three (153) years of
service for the City's contributions to the Defined Contribution Retirement Plan.
As used to Section 18.3, the term compensation refers to base salary or base wages,
Lis we]I as salary or wages received while absent frorn work on account ofvacation,
holiday, or illness. The term compensation does not include overtime
compensation.
30
ARTICLE 19 - SAFETY AND HEALTH
19.1 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.
19.2 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.
19.3 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.
19.4 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.
19.5 In accordance with established safety practices, the Employer will provide
protective devices, wearing apparel, and other equipment necessary to protect
employees from occupational injury or disease. The Employer may improve such
safety practices from time to time. Employees may be required to wear hard hats.
Protective devices, apparel, and equipment must be used when provided or
required. In activities where safety shoes are required to be worn, the Employer
shall supply the safety shoes. The Employer will replace safety shoes for each
employee whose job duties require their use and who returns the pair needing
replacement as determined by management.
31
ARTICLE 20 - BULLETIN BOARDS
20.1 The Union may be permitted to provide for its own use three (3) bulletin boards not
to exceed 41 x 3'W in dimension, provided the bulletin boards shall be located only
in areas agreed to by the City and Union.
20.2 The Union agrees it shall use the space on the bulletin board provided for herein
only for the following purposes; notices of union meetings, notices of internal
elections for union offices, reports of union committees, policies of the Union,
recreation and social affairs of the Union, and notices by public bodies. In no event
shall the bulletin board be used to post political material or controversial material.
The Business Agent, his designated representative, or the Steward of the Union are
the only authorized representatives to post material on the bulletin board. Said
representatives shall initial and date all material that is posted.
20.3 The appropriate Department Head or his designee shall decide whether or not
Section 20.2 has been violated. Should it be determined that a violation has
occurred the Union shall immediately remove the posted material and the Union
may lose its bulletin board privileges, following a meeting between the Employer
and the Union.
32
ARTICLE 21 - UNIFORMS
21,1 The City will furnish to bargaining unit employees who are required Io wear such
unifnrnls in the 1le601-111arlce 01' their duties all initial issue of the following, upon
employment:
1. Eleven (11) pants
2. Eleven (11) shirts
3. HaLs
4. Uri -fit shirts
5. Work boots
21.2 The City will replace or repair the above items as they become tarn, worn or
unserviceable due to the performance of the employee's official duty. Any claim
for a repair or replacement under this Section must be accompanied by a written
explanation addressed to the appropriate Department Head, setting forth the
circumstances necessitating the replacement or repair, and the employee shall
present the itenl(s) to the appropriate Department Head or his designee who shall
have the sole determination as to whether the items shall be replaced or repaired.
21.3 Any employee who damages, destroys, or loses any furnished article of uniform
due to carelessness. negligence or personal use will replace the article at his own
expense, or such cost of replacement shall be deducted from the employee's pay,
21.1 Uniforms provided by the City shall be worn without modifications and only for
official City business. Only City issued hats are allowed.
21.5 Upon termination of employment for any reason, the employee shall return to the
City all articles of the uniform issued by the City.
21.6 The City agrees to continue to provide for the cleaning of the uniform articles as in
the past.
33
ARTICLE 22 - MILEAGE ALLOWANCE
22.1 Employees directed by the appropriate Department Head or his designee to use their
private automobiles for City business, shall be compensated at the rate established
per mile by the I.R.S. for authorized and approved miles driven.
34
ARTICLE 23 - CAREER DEVELOPMENT
23.1 Upon presentation of an official transcript and proof of degree to the City Manager,
each employee in the bargaining unit who receives an associates degree from a
accredited college, which degree is determined by the City Manager as applicable
to the employee's job responsibilities with the City, shall receive a $50.00 per month
career development incentive.
23.2 Upon presentation of an official transcript and proof of degree to the City Manager,
each employee of the bargaining unit who receives from an accredited college or
university a bachelor's degree, which degree curriculum is determined by the City
Manager to include a major study concentration area readily identifiable and
applicable to the employee's job responsibilities with the City, shall receive a
$100.00 per month career development incentive.
23.3 Employees receiving Career Development monies shall receive monies as accorded
them under either Section 23.1 or Section 23.2. They shall not receive at the same
time monies afforded from both of these Sections.
23.4 Employees classified as Wastewater Operator I, Wastewater Operator II, or
Wastewater/Water Operator III who obtain the required licenses required for a
higher Operator classification, shall be promoted or have their pay adjusted per
Article 24. The effective date of such promotion, or pay adjustment, shall be the
date the employee took and passed the test -, based upon the employee furnishing
such documentation to the City. Promotions shall be limited to an effective date no
more than sixty (60) calendar days retroactive.
Employees classified as Utility Collection/Distribution Operators who obtain a
Level 3 license shall receive an annual one-time lump sum payment of $250.00.
The initial payment of such lump sum shall be the date the employee passes the test
and receives their required state license, or the date of hire for new employees based
upon the employee furnishing proper licensing documentation to the City.
Payments shall be limited to an effective date no more than sixty (60) calendar days
retroactive with future payments paid annually on the date that the employee
received their initial lump sum payment. The employee must stay for one (1) year
after obtaining the Level 3 license. If the employee leaves the employment of the
City, the cost borne by the City for the course, travel and lodging must be
reimbursed by the employee.
Additional Class A, B and C State licenses above those licenses required by the
position description recognized by D.E.P., (Not Certifications), obtained by Water
and/or Wastewater Treatment Plant Operators will be recognized by the payment
of an annual one-time lump sum payment of $500.00 for a Water license and $500
for a Wastewater License, which shall be prorated for new employees who are hired
with the license. The initial payment of such bonus shall be the date the employee
took and passed the test, or the date of hire for new employees and based upon the
employee furnishing such documentation to the City. Such initial payment shall be
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prorated between that date and November 1, when all annual payments will be
made. Bonus payments shall be limited to an effective date no more than sixty (60)
calendar days retroactive with fixture bonus paid annually on November 1. The
employee must stay for one (1) year after obtaining license. If the employee leaves
the employment of the City, the cost borne by the City for the course, travel and
lodging must be reimbursed by the employee.
23.5 Employees who obtain a license that benefits the City, at the discretion of the
Department Head, shall receive an annual one-time lump sum payment of $250.00
23.6 Cost for other courses will be paid by the City after prior approval of the appropriate
Department Head.
23.7 All employees within the bargaining unit shall be covered by a written description
of his job duties in the form of employee job specifications.
If the City of Atlantic Beach, or their designees, determine that the employees' job
specifications need to be changed, added to, deleted, or amended, the Employer
will notify the Union of the intended changes no less than ten (10) working days
prior to the effective date of change. Copies of the proposed changes will be
forwarded to the Union along with the above notification. After finalization, a copy
of the revised specifications shall be forwarded to the Union as soon as is possible.
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ARTICLE 24 - WAGES
24.1 (a) E11'ective October I, 2019, employees �%ith six (G) 1110ilths service as of
October 1, 2019, are in 11 position that is considered `wear round," working on a
scheduled "year round" basis, shall receive an increase of 3%. Those that do not
have six months of service as of October 1, 2019, will receive a 3% increase upon
sntislactoty completion of their probationary period.
(b) Notes
Maximum Pay, in no case shall an employee receive a pay increase
that would result in the employee's pay exceeding the maxinn1111 pay
for the grade of the position to which the employee is assigned.
Employees who have reached the maximum o.f' their pay_grade will
receive an annual bonus ecival to the diftarence in the_aniount of their
Wary and what they would have received if the emn't maxed out.
This will be paid at the time raises _become _effective.
24.3 Entrance Wage Detetmination:
(a) Initial appointment to any position shall normally be made at the entrance rate
of pay established for the position. Upon recommendation from the
Department Head, the City Manager may approve the hire of a new employee
at a rate of pay above the starting rate of pay.
24.4 Lateral Transfers: When an employee is either recruited to or assigned another
job within the same salary grade and with essentially the same job responsibility
level, they will remain at their current salary level and salary grade to which they
am currently assigned.
24.5 Promotion: A promotion is the advancement of an employee from their current
position to Another open job, with greater responsibilities, in a higher pay grade.
The ptoniotion is based on documented, demonstrable increase in the scope of
work. The granting of a different title alone, without a change in pay grade, does
not warrant a promotional salary increase.
(a) Salary Adjustment: An employee who receives a promotion to a higher salary
grade (either by taking on a new position or the employee's current position
is reclassified to a higher salary grade) should receive a salary increase at the
time the promotion becomes effective, to a least the minimum of their new
pay range or an amount equal to the percentage difference between the current
and new grade midpoints, whichever is greater.
(b) Calculating a Promotional Increase: Since a promotional increase is granted
to recognize the assumption of additional job duties and responsibilities, the
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size of the increase is calculated as a function of the size of the promotion,
rather than as a percentage of current salary. The formula used to calculate
the promotional increase is as follows:
New Midpoint— Current Midpoint = Promotion Increase Amount (%*)
Current Midpoint
or
An increase to the minimum of the new pay grade, whichever is greater.
24.6 Demotion: Demotions are defined as reductions in job duties and responsibilities
that result in a salary grade reduction. When an employee is demoted, the employee
will receive a decrease in pay equal to the midpoint differential between the pay
grade their job is currently assigned and the newly assigned pay grade. The formula
used to calculate the salary decrease associated with a demotion is as follows:
Step 1:
Step 2:
Current Midpoint — New Midpoint = Percent Decrease Amount
New Midpoint
Current Pay = New Pay
(1 + Decrease Amount)
or
A decrease to the maximum of the new range, whichever is greater.
City Initiated Non -Disciplinary Demotions:
Should the demotion be the result of non -disciplinary action (e.g., a reduction in
force or other actions), the demoted employee shall receive the rate in the lower
position classification pay range which provides the smallest possible decrease in
pay. Employees demoted for non -disciplinary reasons shall if possible be
reassigned to other duties commensurate with his/her qualifications for the position.
The Employer will make a reasonable effort to reassign the employee in accord
with the provisions of this section.
Employee Requested Reassignment (Demotion) to Lower Grade:
When an employee requests a voluntary demotion, the salary of the employee will
be adjusted in accordance with the formula utilized to calculate the salary decrease
associated with a demotion. In no case will the new salary be established below
the minimum pay or above the maximum pay for the new grade. The formula used
to calculate the salary decrease associated with a employee requested demotion is:
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Step 1:
Current Midpoint — New Midpoint = Percent Decrease Amount
New Midpoint
Step 2:
Current Pay = New Pay
(1 + Decrease Amount)
Ri
A decrease to the maximum of the new range, whichever is greater.
Note: In some cases, an employee is being returned to a position and grade previously
held prior to the promotion. In these cases, the employee should not receive a gain in
pay based upon the prior promotion and may be constructively returned to the position
from which they were promoted with their salary constructively adjusted as if the
promotion had never occurred.
24.7 Evaluation for satisfactory service shall be standard in writing throughout the
bargaining unit with each activity using the same evaluation form and procedure
as that utilized for all other City employees. If the employee believes the evaluation
procedure was not followed, he may invoke the grievance procedure and submit the
grievance at Step I.
24.8 Any employee covered by this Agreement who is temporarily required by the
appropriate Department Head or his designee to perform the duties of a higher
classification shall receive pay at a rate of not greater than five (5%) percent above
the employee's regular rate of pay, provided that:
(a) The duties and responsibilities of the higher classification are assumed in full
for a minimum of one (1) eight-hour working day, and;
(b) The working out of classification pay is approved by the City Manager or
his designee prior to appointment of the employee to the higher position.
If the two (2) conditions set forth are not fully satisfied, the employee will receive
the rate of pay of his regularly assigned classification for each hour worked in the
higher classification.
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ARTICLE 25 - ALCOHOL AND DRUG TESTING
25.1 Both the City and Union recognize that drug and alcohol abuse is a problem
among our nation's work force. The City and the Union also recognize the
tremendous cost, both in terms of efficiency and in human suffering caused by
needless workplace accidents. Acknowledging the necessity for action, both
parties agree to the promotion of a drug free workplace pursuant to the Florida
Drug -Free Workplace Act ( Sections 112.0455 & 440.102, Florida Statutes).
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ARTICLE 26 - SENIORITY
26.1 Seniority shall be defined as the length of continuous frill -time employment with
the City of Atlantic Beach. Seniority shall be acquired by a full-time employee
after satisfactory completion of a six (6) month probationary period, at which time
seniority shall be retroactive to the first day of employment.
26.2 hi the event of a lay-off or reduction in force, employees shall be laid off in the
inverse order of seniority within job classes. Employees laid off shall have the right
to bump or replace an employee with less seniority in a lower classification for
which the employee is qualified, provided said employee has previously held such
a position within the City and can perform the established functions of the current
job description.
26.3 Whenever an employee is demoted to a position for which he is qualified, he shall
receive the salary performance level in that lower range which provides either no
decrease or the smallest decrease in pay, if the action is not for cause as outlined in
Article 8 of this Agreement.
26.4 In regard to overtime and vacation, seniority will be defined as the length of
continuous time in any specific classification. If an employee is involuntarily
transferred from one department or division to another in the same classification,
he shall carry with him both the City and job seniority that he has already acquired.
26.5 Seniority shall accumulate during periods of approved leave of absence where the
employee remains in a pay status. Seniority is not broken when an employee is on
an approved leave of absence without pay, but seniority does not accumulate during
this period.
26.6 Seniority shall be broken when an employee:
(a) Resigns;
(b) Is discharged for just cause;
(c) Exceeds an authorized leave of absence.
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ARTICLE 27 - JOIE QUALIFICATIONS AND PROMOTIONS
27.1 Whenever a Tull Time (FT) opening occurs. other
than a temporary opening, in any existing job classification. or as the result of the
development or establishment ofa new FT c}rel-y _iob classification, such jobs shall
be advertised as indicated below, and a Notice of such opening shall he posted on
all appropriate bulletin boards. A copy of the notices of job openings will be
forwarded to the appropriate union steward at the time ot'posting for posting on all
other authorized union bulletin boards.
H. In-house Recruitment. All positions shall be posted in-house for at least three
days. NOTE: Only Full Time emd RegularT4-ime employees that have
been previously selected through the City competitive selection process may
apply far positions advertised indhouse.
b, External Recruitment. Based upon the small number of employees within
most job classifications, and in order to increase the number of applicants to
select from, most vacancies will be advertised externally after the initial in-
house recruitment.
27.2 For the purpose of this Agreement, a vacancy shall be defined as an opening within
any City FT of -R14 -job classification for which funds have been appropriated.
27.3 Whenever a vacancy is posted, employees desiring to be considemd for such
vacancy shall make written application for the position on a City Employment
Application no later than the date and time indicated as the closing date/time set
forth on the posted vacancy announcement. The appropriate Department I -lead
shall interview all City employee applicants that meet the minimum qualifications
for the position prior to Filling the vacancy.
27.4 The appropriate Department Head shall make all determinations of the
qualifications of the applicants applying for open or promotional positions,
provided such determination is limited to those factors required within the job
specifications for the position being tilled. Factors to be considered included, but
are not limited to: education, knowledge, skills, abilities, past performance, work
history, attendance, and seniority. During the selection process, if all things are
comparable with regards to the above factors, current City employees) requesting
a promotion, or reassignment, will be given priority consideration over other
applicants of similar qualifications.
27.5 Nothing in this Article shall be construed as precluding employees within thy:
bargaining unit fiotn applying for other vacant positions within the City of Atlantic Beach.
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ARTICLE 28 - SEVERABILITY
28.1 In the event any Article, Section or portion of this Agreement should be held invalid
and unenforceable by any court of competent jurisdiction such decision shall apply
to the specific Article, Section or portion thereof specified in the court's decision;
and upon issuance of such decision, the Employer and the Union agree to
immediately negotiate a substitute for the invalidated Article, Section or portion
thereof.
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ARTICLE 29 - SAVINGS CLAUSE
29.1 The Employer retains all rights, powers, functions and authority it had prior to the
signing of this Agreement except as such rights are specifically relinquished or
abridged in this Agreement.
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ARTICLE 30 - ENTIRE AGREEMENT
30.1 The parties acknowledge that during negotiations which resulted in this Agreement,
each had the unlimited right and opportunity to make demands and proposals with
respect to any subject or matter not removed by law from the area of collective
bargaining and that the understandings and agreements arrived at by the parties
after the exercise of that right and opportunity are set forth in this Agreement.
Therefore, the Employer and the Union for the duration of this Agreement each
voluntarily and unqualifiedly waives the right, and each agrees that the other shall
not be obligated to bargaining collectively with respect to any subject or matter not
specifically referred to or covered in this Agreement even though such subjects or
matters may not have been within the knowledge or contemplation of either or both
of the parties at the same time they negotiated or signed this Agreement.
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ARTICLE 31 - DURATION OF AGREEMENT
31.1 Th is Agrcement shell commence and become effective October 1. 20442022. or on
the date ol' ratification of this Agreement by both parties, whichever is latex', and shall
continue in full force and effect until midnight of the thirtieth (30`x') day of September
202-25, if either party desires to negotiate a successor agreement, it may do so by giving
the other panty written notice to that effect no later than June I " of each year,
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SIGNATURE PAGE
IN WITNESS THEREOF, the parties have caused this Agreement to be signed in their
respective names by their respective representatives and have executed this Agreement.
FOR THE CITY: FOR THE UNION:
Joe Gerrity
City Manager
Catherine Varian, Esq.,
Director of Human Resources
Ratified by Union members on:
Approved by the City Commission on
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Ronnie Burris
Business Manager, Local 630
September 12, 2019
September 9th, 2019