Unratified contract CONSTANGY
BROOKS & SMITH , LLP
200 WEST FORSYTH STREET,SUITE 1700
POST OFFICE Box 41099 (32203-1099)
JACKSONVILLE, FLORIDA 32202
TELEPHONE(904)356-8900 • FACSIMILE (904)356-8200
www.constangy.cozn
jdickinson @constangy.com
April 10, 2013
VIA E-MAIL ANDY BEMISna LOCAL630.COMCASTBIZ.NET
VIA U.S. MAIL
Mr. Andy Bemis
Business Manager
Laborers' Local 630
550 Balmoral Circle North
Jacksonville, FL 32218-5520
Re: City of Atlantic Beach
Dear Andy:
Please find enclosed the fully-assembled collective bargaining agreement which
incorporates the changes agreed upon at the table, those provisions ruled upon by the Special
Magistrate and accepted by the parties, and the pension provision (Article 20) as decided by
the City Commission on April 8, 2013.
As you know, the law requires that the bargaining agent, Local 630, submit the
contract to the bargaining unit for ratification. Such ratification should be handled promptly.
Please notify this office immediately once the result of the ratification vote is known.
Sincerely,
Jal F. Dickinson
JFD/pp
Enclosure
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CITY OF ATLANTIC BEACH, FLORIDA
October 1, 2012, through September 30, 2015
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 - RULES AND REGULATIONS 11
ARTICLE 9 - DISCHARGE AND DISCIPLINE 12
ARTICLE 10 - GRIEVANCE PROCEDURE 16
ARTICLE 11 - ARBITRATION PROCEDURE 19
ARTICLE 12 - HOLIDAYS 21
ARTICLE 13 - PERSONAL LEAVE HOURS 24
ARTICLE 14 - LEAVES OF ABSENCE WITHOUT PAY 27
ARTICLE 15 - MILITARY LEAVE 28
ARTICLE 16 - BEREAVEMENT LEAVE 29
ARTICLE 17 - HOURS OF WORK AND OVERTIME 30
ARTICLE 18 - INJURY IN THE LINE OF DUTY 34
ARTICLE 19 - CODE OF ETHICS AND USE OF CITY EQUIPMENT 35
ARTICLE 20 - INSURANCE AND PENSION 38
ARTICLE 21 - SAFETY AND HEALTH 34
ARTICLE 22 - BULLETIN BOARDS 40
ARTICLE 23 - UNIFORMS 41
ARTICLE 24 - MILEAGE ALLOWANCE 42
ARTICLE 25 - CAREER DEVELOPMENT 43
ARTICLE 26 - WAGES 45
ARTICLE 27 - ALCOHOL AND DRUG TESTING 50
ARTICLE 28 - SENIORITY 51
ARTICLE 29 - JOB QUALIFICATIONS AND PROMOTIONS 52
ARTICLE 30— INTENTIONALLY LEFT BLANK 54
ARTICLE 31 - SEVERABILITY 55
ARTICLE 32 - SAVINGS CLAUSE 56
ARTICLE 33 - ENTIRE AGREEMENT 57
ARTICLE 34 - DURATION OF AGREEMENT 58
SIGNATURE PAGE 59
The City shall amend the Atlantic Beach Code of Ordinances, Part II, Chapter 2,
Employee Benefits Article VI, Division 3 ("General Employee Retirement System") to
conform to Chapter 2011-216, Laws of Florida (Senate Bill 1128). 60
AGREEMENT
THIS AGREEMENT is entered into this day of 2013, 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 referred
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.
A
ARTICLE 1 - RECOGNITION
1.1 Pursuant to and in accordance with all applicable provisions of Part II of Chapter
447, Florida Statutes, the Employer recognizes the Union as the exclusive
collective bargaining representative for those Full Time (FT) and Regular Part
Time (RPT) employees in the blue-collar rank and file 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 might 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.
1
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.
3
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 S - 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 it's 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 perform 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 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. 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; otherwise written permission shall be required. If it becomes necessary for
8
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, the
steward shall report to his immediate supervisor, unless prior consent not to do so
has been secured.
6.5 Union stewards shall be employees as designated by the Union, and shall be
members of the bargaining unit.
6.6 Union representatives, while on public property and functioning as stewards, are
subject to the same 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 on leave of absence, without
mutual consent of the Union and the Employer.
6.8 When it 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 permission 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 from
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 be 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 express 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.
9
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. Such termination shall not be subject to the grievance or
arbitration provisions of this Agreement.
10
ARTICLE 8 - RULES AND REGULATIONS
8.1 The City shall have the right to establish, maintain and enforce, or rescind, amend
or change, reasonable rules and regulations and standard operational procedures.
The City will provide the Union with copies of work rules and/or policies which
the City has created, amended, or deleted that are contained within the City's
Personnel Policies and Procedures Manual and which pertain to members of the
bargaining unit within a reasonable time after creation, amendment, or deletion.
8.2 Any employee violating a rule or regulation or standard operational procedure
may be subject to disciplinary action, including dismissal.
8.3 All bargaining unit employees, regardless of union affiliation, are subject to all
City rules and regulations pertaining to the conduct of City employees unless
specifically exempted by provisions of the Agreement.
11
ARTICLE 9 - DISCHARGE AND DISCIPLINE
9.1 The Employer shall not discharge, suspend or otherwise discipline employees
except for just 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, or other disciplinary action may be submitted
to the grievance procedure as set forth in Article 10 (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, suspension or immediate discharge. Employees are not entitled to a
particular number of warnings prior to the imposition of discipline, including
discharge.
9.2 The following acts shall be grounds for discipline, up to and including discharge:
(a) Falsifying statements or records;
(b) Stealing;
(c) Drinking or possessing alcoholic beverages while on duty;
(d) Possessing, using or selling a controlled substance, including but not limited
to, narcotics, marijuana, or barbiturates, other than that prescribed by a
physician for the employee;
(e) Being under the influence of a controlled substance other than that
prescribed by a physician for the employee, or being under the influence of
an alcoholic beverage;
(f) Recklessness or negligence while on duty;
(g) Violation of the no strike provisions of this Agreement;
(h) Violation of a work rule or regulation;
(i) Failure to immediately report vehicle accidents involving damage to any
City property;
(j) Conduct that could bring discredit to the Employer;
(k) Having committed and/or convicted for a felony, driving while under the
influence of alcohol, or narcotic substances, crime involving moral
turpitude, or a misdemeanor involving perjury or a false statement, or a
misdemeanor evidencing bad moral character;
(1) Leaving the working area during working hours without authorization;
12
(m) Sleeping during working time;
(n) Fighting, wrestling, horseplay, or any other act which might interfere with
the safe or efficient operation of the Employer;
(o) Unauthorized absence;
(p) Unauthorized tardiness;
(q) Repeated failure to achieve a satisfactory evaluation of work performance;
(r) Refusal to cooperate during an investigation;
(s) Insubordination; or
(t) Conduct unbecoming a city employee.
The foregoing enumeration of grounds for discipline, up to and including
discharge, is by way of illustration and shall not be deemed to exclude
management's right to discharge or otherwise discipline employees for any other
just cause.
9.3 Disciplinary Actions
The City agrees with the tenets of progressive and corrective discipline, where
appropriate. Disciplinary actions shall normally be progressive and shall be
determined at the discretion of the City. However, certain actions, by their nature,
may be severe enough to justify deviating from progressive disciplinary principles
and may result in immediate discharge of employment or other disciplinary
action. The following are intended as examples of progressive disciplinary
actions:
(a) Oral counseling or oral reprimands.
(b) Reprimands given in writing.
(c) Suspension without pay.
(d) Demotion
(e) Dismissal.
9.4 Notwithstanding the provisions of 9.1, the Employer may suspend or discharge an
employee immediately for being under the influence of alcohol and/or drugs
pursuant to Article 27 of this Agreement; disorderly and/or disruptive conduct,
without the necessity of a letter of reprimand prior to suspension or discharge,
provided however that a written statement of the charges and the reason or
reasons for such action shall be delivered to the employee within five (5) days of
the actual suspension or discharge.
13
9.5 Employees shall have the right to review their official personnel file upon
reasonable request to the Employer.
9.6 A copy of the written reprimand shall be furnished to the employee at the time the
reprimand is presented to the employee.
9.7 The employee shall have the opportunity to submit a written statement responding
to any reprimand issued. The statement shall be limited to the facts and issues
regarding the specific reprimand at issue. The employee's responding statement
will be entered in the personnel file, attached to the reprimand. In the event the
employee's responding statement addresses issues other than the facts and issues
regarding the specific reprimand at issue, it may be returned to the employee by
the Human Resource Manager with a letter explaining the reasons it was not
accepted.
9.8 When an employee is questioned by the Employer, the Employer shall advise the
employee if the questioning may lead to disciplinary action against him. The
employee then has the right to request that a union representative be present at the
meeting. When an employee requests union representation pursuant to this
section, and a union representative is not immediately available, the Employer
shall postpone the meeting for a reasonable time in order for the employee to
obtain union representation.
9.9 Employees subject to dismissal or suspension shall have the right to a pre-
disciplinary hearing. The hearing shall be conducted by the appropriate
Department Head. If possible, the pre-disciplinary hearing shall be conducted
prior to discharge or suspension. The employee may request that the appropriate
union steward be present at the hearing along with the supervisor who has made
the charge. This section shall not apply to circumstances covered under Section
9.4. The union steward as designated by Article 6 for the employee's work
location and the employee shall receive written notice of the charges against the
employee twenty-four (24) hours in advance of the hearing. A waiver of hearing
shall be attached to the notice and the employee may waive his right to such
hearing.
9.10 Derogatory information, including disciplinary or detrimental documents, will not
be entered into an employee's official personnel records unless the following has
been accomplished:
(a) The employee is notified:
1. That the information is to be filed within their official personnel
records, and
2. Of their right to submit a grievance if they disagree with the action, and
(b) The employee is given a copy of the information, and
14
(c) The employee is given an opportunity to submit information in rebuttal to
derogatory information, and
(d) The employee has been asked to acknowledge that such a document is being
placed into their official personnel file.
15
ARTICLE 10 - GRIEVANCE PROCEDURE
10.1 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.
10.2 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.
10.3 Grievances may be taken up during the working time of the grievant upon mutual
agreement between the Employer and the Union.
10.4 All grievances proceeding to Step II must be reduced to writing and must contain
the following information:
(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 remedy 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.
10.5 All grievances shall be processed in accordance with the following procedure:
Step 1 (Verbal) - The grievant shall orally present his grievance 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 within return to his job to orally 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
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the Employer. The immediate supervisor shall orally communicate a decision to
the grievant within ten (10) working days from the date the grievance was orally
presented to him.
Step 2 (Written) - If the grievance is not settled at the first step, the grievant
within ten (10) working days of receipt of the immediate supervisor's Step 1
response, shall present the grievance in written form (in compliance with Section
10.4) 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 Manager if the grievant requests
union representation. The appropriate supervisor shall notify the grievant, in
writing, of 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 1 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 Head.
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 10.4) to the 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 Head, 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.
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Step 5 - 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 after the response is received from Step 4 of the grievance
procedure.
10.6 It is the mutual desire of the Employer and the Union that grievances shall be
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.
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ARTICLE 11 - ARBITRATION PROCEDURE
11.1 Whenever the Union requests arbitration in accordance with the provisions of the
Grievance Article, the parties shall within five (5) working days following appeal
to arbitration jointly request the Federal Mediation and Conciliation Service to
submit a panel of seven (7) arbitrators, each of whom shall be a member of the
National Academy of Arbitrators. Arbitrators shall be selected from such panel
by alternately striking names from this list (the Union shall make the first strike)
until the last name on the list is reached.
11.2 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 and is confined exclusively to the question(s) which is
presented to him which question(s) must be actual and existing;
(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.
11.3 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.
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11.4 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 of a court reporter and the transcription fee shall be paid by
the party requesting the court reporter and/or a transcription of the proceedings.
The cost of a 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 (FS-119).
11.5 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.
11.6 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.
11.7 Discipline or other employment actions of newly hired probationary employees,
up to and including discharge, is not subject to the grievance procedure and;
therefore, such actions cannot be submitted to arbitration.
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ARTICLE 12 - HOLIDAYS
12.1 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
Independence Day July 4th
Labor Day 1st Monday in September
Veterans Day November 11th
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
For employees that work a Monday through Friday:
Whenever a holiday falls on Saturday, it shall be observed 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 through 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(88 hours per year) of holiday leave and/or holiday pay.
12.2 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 12.1. Regular Part Time (RPT)
employee hours will be prorated based upon work hours funded within the
approved budget.
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12.3 Working a Holiday
Regular Full Time Employees.
Nonexempt employees who work on the observed holiday, per Article 12.1,
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-for-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.
Regular Part Time (RPT) Employees.
Hours of pay for the Holiday prorated based upon the number of hours funded
to work within the approved budget, plus, at the employer's discretion:
-- their normal rate of pay for each hour worked on the holiday, or
-- compensatory time, hour-for-hour, for each hour worked during the
holiday, or
-- any combination of pay and/or compensatory time which results in the
employee receiving prorated hours of Holiday pay plus straight time
for all hours worked on the observed holiday.
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-half rate.
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12.4 In order to be eligible for holiday pay or compensatory time the employee must
have worked the last scheduled working day immediately prior to the observed
holiday and the first regularly scheduled working day immediately after the
observed holiday unless the employee is on paid vacation, military leave, paid
sick leave substantiated by a doctor's certificate, or other paid absences excused
by the appropriate Department Head.
12.5 Employees who have been assigned holiday work and fail to report for and
perform such work without reasonable cause shall not receive pay or
compensatory time for the holiday.
12.6 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.
12.7 For purposes of this Article, all holidays shall commence at 12:01 a.m. on the date
the holiday is observed (as set forth in Section 12.1) and continue for twenty-four
(24) uninterrupted hours.
12.8 The accrual and pay-out of compensatory time under this Section shall be
governed by the provisions of Article 17.
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ARTICLE 13 - PERSONAL LEAVE HOURS
13.1 (a) The "Personal Leave Hours" concept is an advancement from the traditional
vacation and sick leave system. Personal leave hours are not to be
considered compensation for services rendered. All bargaining unit
employees may be absent from 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 from 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 nature 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 other 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 Leave 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 Leave may be taken in increments of fifteen (15) 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.
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(c) Effective on the date of ratification of the Agreement by both parties, or the
date of legislative action taken pursuant to Section 447.403(4)(d), F.S.,
whichever is applicable (the "effective date"), 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 680 hours will
receive a buyout of accrued personal leave for 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.
In addition to the above, on a one-time basis, the City honored in December
2012 the buy down selections which were made by employees in December,
2011. However, due to IRS regulations, no changes are permitted to these
pre-selected amounts.
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
time will result in forfeiture on October 1 of each fiscal year of any time that
exceeds the 680 hour limit.
If 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 of the illness.
(e) No Personal Leave Hours may accumulate to an employee who is in a non-
pay status or utilizing donated leave.
(f) Subject to the restrictions contained in this Agreement, 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).
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(h) The accrual rate of Personal Leave Hours shall be determined as follows:
Personal Leave time shall accumulate during each pay period and shall be
credited to the employee at the end of each pay period.
Beginning Thru Hours per Total Annual
Year Year pay period Hours
First Year 4.62 120
1 3 5.54 144
4 5 6.15 160
6 7 6.77 176
8 10 7.69 200
11 12 8.31 216
13 14 8.92 232
15 9.54 248
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ARTICLE 14 - LEAVES OF ABSENCE WITHOUT PAY
14.1 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.
14.2 All leaves, with or without pay, should be requested by the employee in
writing and should be approved in writing before becoming effective.
14.3 An employee's starting date will be adjusted for leaves of absence without
pay in accordance with state and federal statutes and local ordinances.
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ARTICLE 15 - MILITARY LEAVE
15.1 The Employer will grant employees leaves of absence for military duties as
dictated by the requirements of state and federal laws.
15.2 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.
15.3 An employee will not be paid for Military Leave until an official set of orders or
appropriate documentation has been received.
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ARTICLE 16 - BEREAVEMENT LEAVE
16.1 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 obligations of the deceased
relative.
16.2 The employee's immediate family shall be defined as the employee's spouse,
father, 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.
16.3 Funeral leave or bereavement leave shall be Ieave with full pay and benefits and
shall not be charged to personal leave days.
16.4 The employee may be required to provide the appropriate Department Head with
verification of death before compensation is approved.
16.5 Employees will be allowed to utilize forty (40) hours of personal leave to extend
bereavement leave.
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ARTICLE 17 - HOURS OF WORK AND OVERTIME
17.1 The purpose of this Article is to define hours of work but nothing in this
Agreement shall be construed as a guarantee or limitation of the number of hours
to be worked per day, days per week, or for any other period of time, except as
may be specifically provided herein.
17.2 Unless changed by the City, forty (40) hours shall constitute a normal workweek
for an employee covered by this Agreement, except as hereinafter provided.
Nothing herein shall guarantee an employee payment for a forty (40) hour work
period unless the employee actually worked a forty (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 forty (40) hours within any seven (7) consecutive calendar day City
established work period (Exception: See Art 17.13). 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.
17.3 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(11/2) 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 form 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(11/2) hour of compensatory time for each overtime hour worked
in a work week that exceeds forty.
17.4 Employees shall not be able to accumulate more than fifty (50) hours of
compensatory time. Once the cap is reached compensation will be in the form of
cash payment only.
17.5 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.
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17.6 At any time the City, in its sole discretion, may determine to substitute cash, in
whole or in part, for compensatory time. All accrued compensatory time off must
be taken during the fiscal year (October 1 - September 30) in which it is earned.
If not, the employee shall receive a cash payment for the excess unused
compensatory time on or after the last pay period of the fiscal year but no later
than September 30th 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.
17.7 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 shall 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. Hours worked by the volunteer
substitute employee will be 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 he is replacing for any
compensation.
17.8 Nothing in this Article shall require payment for overtime hours not worked,
except as provided herein.
17.9 All employees shall be required to report to work on time, shall not leave the job
early, shall be prompt in reporting to their assigned duties, and shall faithfully
perform their duties.
17.10 Employees covered by this Agreement shall be given 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.
17.11 The appropriate Department Head is authorized to schedule employees on a "task
basis".
17.12 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".
17.13 An employee who has left his normal place of work and who is "called-back" for
overtime work shall receive a minimum payment of two (2) hours at time and
one-half (11/2) the employee's regular rate of pay or the actual hours worked at
time and one-half(1Y2), whichever is greater. 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 overtime 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 not
constitute a "call back". This Section shall not apply if hours worked as a result
of a call back extend into the start of the employee's regular work period.
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Employee's who report to work for scheduled overtime shall receive a minimum
payment of two (2) hours at one and one-half(1-1/2) times her/her regular rate.
17.14 Upon proof of attending court pursuant 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'A) times the employee's
regular straight time hourly rate of pay for the hours he attends court. Provided,
that such employee shall receive a minimum of two (2) hours pay at the rate of
one and one-half (PA) 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
off-duty court appearance. In the event any employee claims time not actually
spent in off-duty court appearance, he 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.
17.15 No employee shall authorize overtime for himself but shall be entitled to work
overtime 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.
17.16 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.
17.17 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 17.13.
Any employee designated by the Employer to be on standby duty shall receive
one-hundred ($100.00) dollars in addition to his normal bi-weekly pay for each
week the employee is required to be available on standby duty for a minimum of
seven (7) consecutive days. To 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
available for call-back and able to respond within the above time frames.
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17.18 An employee who has worked sixteen (16) hours or more in a twenty-four (24)
hour period, or eight (8) hours or more overtime in the sixteen (16) hour period
immediately preceding his/her normal workday shall upon release, be entitled to
an eight (8) hour rest period before he/she returns to work. If the employee is
called back to work without completing his/her eight (8) hour rest period, he/she
shall be compensated at the overtime rate of one and one-half (1 %2) times
his/her regular rate of pay for all hours worked, commencing from the time
he/she reports back to work and ending when he/she is released for an eight (8)
hour rest period.
17.19 All employees shall be provided with at least a one-half (Y2) 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 of work
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.
17.20 Except for outside workers, smoking is limited to official break periods or
during the employee's lunch period.
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ARTICLE 18 - INJURY IN THE LINE OF DUTY
18.1 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.
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ARTICLE 19 - CODE OF ETHICS AND USE OF CITY EQUIPMENT
19.1 It is essential to the proper conduct and operation of government that bargaining
unit employees be independent and impartial, and that City employment not be
used for private gain. This Article is intended to protect against any conflict of
interest and to establish a code of ethics for bargaining unit employees.
19.2 In furtherance of the goals and understandings set forth in Section 19.1,
the parties agree that:
(a) No bargaining unit employee shall accept any gift, favor or service that may
reasonably tend improperly to influence him in the discharge of his official
duties.
(b) No bargaining unit employee shall use or attempt to use his position to
secure special privileges or exemptions for himself or others, except as may
be provided by policy or law.
(c) No bargaining unit employee shall accept employment or engage in any
business or professional activity which might require or induce him to
expose confidential information acquired by him by reason of his official
duty.
(d) No bargaining unit employee shall disclose confidential information gained
by reasons of his official position, nor shall he otherwise use such
information for his personal gain or benefit.
(e) If a bargaining unit employee is an officer, director, agent, or member of, or
owns controlling interest in any corporation, firm, partnership, or other
business entity which is subject to the regulations or which has substantial
business commitments with the City, or other political subdivision of the
State, he shall file a sworn statement to the effect with the City Clerk and
with the Circuit Court of Duval County as may be required by State law.
(f) No bargaining unit employee shall transact any business in his official
capacity with any business entity of which he is an officer, director, agent or
member, or in which he owns controlling interest.
(g) No bargaining unit employee shall have a personal investment in any
enterprise which will create a substantial conflict between his private
interest and the public interest.
19.3 Bargaining unit employees shall remember that they represent the City as a whole
when serving the public. They shall conduct themselves so as to project a
desirable image of the City.
19.4 The use of any City equipment such as borrowing typewriters, tape recorders,
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cameras, shovels, etc., for personal use is prohibited unless otherwise approved by
the City Manager, and this only under special or unusual circumstances.
19.5 No bargaining unit employee shall have a financial interest in the profits of any
contract, service, or other work performed by the City, nor shall any bargaining
unit employee personally profit directly or indirectly from any contract, purchase,
sale, or service between the City and/or any person or company; nor personally or
as an agency provide any surety bill or bond required by law, or subject to
approval of the City Commission. Any bargaining unit employee who violates
the provisions of this rule shall be considered guilty of misconduct in his service.
19.6 It may be necessary for some bargaining unit employees to have City vehicles at
their disposal in order to carry out their duties. It is essential that these vehicles
be used with the utmost care and discretion at all times.
Bargaining unit employees are permitted to use City vehicles for performance of
their official duties only. Under no circumstances are they to be used for personal
business or for pleasure unless such use is expressly granted by the City Manager.
A bargaining unit employee driving a City vehicle must have on his person a
current, valid driver's license issued by the State of Florida.
All mechanical defects or malfunctions should be reported as soon as possible to
the City garage.
If a City vehicle is involved in an accident, the bargaining unit employee must
notify the Public Safety Department and the appropriate Department Head
immediately. A police report shall be made of any accident involving a City
vehicle.
19.7 The use of City equipment at any time and the use of City employees during
normal working hours for any construction, repair, improvements, or other such
actions on private property for the benefit or profit of private individual(s) is
prohibited.
19.8 No bargaining unit employee will be allowed to take an active part in political
management or in political campaigns during working hours. This does not
prohibit an employee from voting as he may choose, and from expressing his
opinion on any political subject or candidate. No leaves of absence, excluding
previously accumulated personal leave, shall be granted to such employees for the
purpose of participating in a political campaign.
19.9 In order that the City may maintain and increase the efficiency of its employees:
(a) No bargaining unit employee may engage in any outside employment or
activity that relates to or is inconsistent, incompatible, or in conflict with his
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duties as a City employee. Outside employment that may result in an
appearance of impropriety, or interfere with the efficient performance of the
employee's regular duties is similarly prohibited.
(b) If such outside employment in any manner conflicts or interferes with the
bargaining unit employee's service to the City, the City Manager will have
the right to order the employee to discontinue the outside employment, or to
be terminated from City employment.
(c) The term "outside employment" as it is used in this Article refers to any
employment engaged in by a bargaining unit employee apart from his City
employment, whether or not such employment is for remuneration, and
includes self-employment.
(d) No City employee shall be otherwise employed except with the written prior
permission of the City Manager. Permission shall be granted in accordance
with the standard in Article 19.9(a).
(e) The City of Atlantic Beach will assume no responsibility or liability for any
injuries incurred while the employee is engaged in outside employment
activities. Serious illness or injury caused by secondary employment may
result in being disqualified for continued City employment.
(f) Employees will not engage in secondary employment while on Workers'
Compensation leave unless prior approval has been obtained from Human
Resources.
19.10 Any violation of the provisions of this Article shall be subject to review and
appropriate disciplinary action, including termination of employment. When a
bargaining unit employee has any doubt as to the application of any provision of
this Article as it relates to himself, he shall first discuss the possible violation
with the appropriate Department Head. If the matter is not resolved the
employee shall discuss the matter with the City Manager.
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ARTICLE 20 - INSURANCE AND PENSION
20.1 The City agrees to continue to provide employees with a group term life insurance
policy. The City agrees to pay the premiums for the employees' coverage for such
insurance.
20.2 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.
20.3 Effective, for employees hired on/after April 11, 2005, the pension benefit
multiplier is changed from two-point-eight-five percent (2.85%) to two-point-five
percent (2.5%).
20.4 Effective within ninety (90) days after either 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 employees hired
before September 1, 2008, will increase their contribution to the Defined Benefit
Retirement Plan to six (6)percent.
20.5 Effective within ninety (90) days after either 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 non-vested
employees hired on or after September 1, 2008 will participate in a Defined
Contribution Retirement Plan and the Defined Benefit Plan will thereafter be
closed to new members. The City will match contributions made by individual
employees up to six (6) percent of their compensation during the first ten (10)
years of service. After ten (10) years of service, the City 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 five (5)
years of service for the City's contributions to the Defined Contribution
Retirement Plan.
As used in Section 20.5, the term compensation refers to base salary or base
wages, as well as salary or wages received while absent from work on account of
vacation, holiday, or illness. The term compensation does not include overtime
compensation.
Effective within ninety (90) days after either 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 life to date
pension contributions, plus the total interest credited, for non-vested employees
hired on or after September 1, 2008, will be transferred to a 457 plan. The City
will provide matching funds of the total transferred employees' funds to a 401
Profit Sharing Plan. Employees will be vested at five (5) years of service for the
City's matching funds to the 401 Profit Sharing Plan.
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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.
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ARTICLE 22 - BULLETIN BOARDS
22.1 The Union may be permitted to provide for its own use three (3) bulletin boards
not to exceed 4'L x 3'W in dimension, provided the bulletin boards shall be
located only in areas agreed to by the City and Union to include near the time
clock in the Public Works Facility, Buccaneer Facility, Atlantic Beach Waste
Water Facility and City Hall building.
22.2 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.
22.3 The appropriate Department Head or his designee shall decide whether or not
Section 22.2 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.
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ARTICLE 23 - UNIFORMS
23.1 The City will furnish to bargaining unit employees who are required to wear such
uniforms in the performance of their duties an initial issue of the following upon
employment:
I. Eleven (11) pants
2. Eleven (11) shirts
3. Hats
23.2 The City will replace or repair the above items as they become torn, 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 Depai Einent Head, setting forth the
circumstances necessitating the replacement or repair, and the employee shall
present the item(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.
23.3 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.
23.4 Uniforms provided by the City shall be worn without modifications and only for
official City business. Only City issued hats are allowed.
23.5 Upon termination of employment for any reason, the employee shall return to the
City all articles of the uniform issued by the City.
23.6 The City agrees to continue to provide for the cleaning of the uniform articles as
in the past.
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ARTICLE 24 - MILEAGE ALLOWANCE
24.1 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.
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ARTICLE 25 - CAREER DEVELOPMENT
25.1 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.
25.2 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 $1 00.00 per month career development incentive.
25.3 Employees receiving Career Development monies shall receive monies as
accorded them under either Section 25.1 or Section 25.2. They shall not receive
at the same time monies afforded from both of these Sections.
25.4 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 26. The effective date of such promotion, or pay adjustment, shall be the
date the employee passed the test and received their state license, 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 Operator's will be recognized by the payment
of an annual one-time lump sum payment of$500.00 which shall be prorated for
new employees. The initial payment of such bonus shall be the date the employee
passed the test and received their state license, or the date of hire for new
employees and based upon the employee furnishing such documentation to the
City. Bonus payments shall be limited to an effective date no more than sixty
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(60) calendar days retroactive with future bonus paid annually on the date that the
employee received their initial bonus_ 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.
25.5 Cost for other courses will be paid by the City after prior approval of the
appropriate Department Head.
25.6 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 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.
(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.
- Bonuses. Employees of the bargaining unit are eligible to receive a
bonus based upon performance in accordance with the City's
performance evaluation program guidelines.
- Minimum Pay. In no case shall an employee's pay be established
below the base pay for the grade of the position to which the
employee is assigned. Exception: See "Below Requirements"
evaluation above.
- Maximum Pay. In no case shall an employee receive a pay increase
that would result in the employee's pay exceeding the maximum pay
for the grade of the position to which the employee is assigned.
- Applicability. Pay adjustments will only be provided to individuals
who are employees of the City on the date that the Union contract is
finally approved by the City Commission.
- Pay Ranges. The pay grades and salary ranges for classification
within the bargaining unit are incorporated herein as Exhibit A.
(c) End of Longevity: Effective on the date of ratification of the Agreement by both
parties, or the date of legislative action taken pursuant to Section 447.403(4)(d),
F.S., whichever is applicable (the "effective date"), longevity pay will be
eliminated as a benefit; however, employees' current level of longevity pay as
of the effective date will remain in their base salary. In addition, within thirty
(30) calendar days following the effective date, the City will add a prorated
amount of longevity pay at the rate of$.03 per hour for each additional year of
completed service that is not currently reflected in their base pay.
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(d) Wastewater/Water Operators: Wastewater Operator I's that receive the
appropriate license for advancement to Wastewater Operator II shall
receive a five percent (5%) in grade pay advancement without any change
to their grade and shall have their title changed to Wastewater Operator II.
Wastewater/Water Operator III's that receive the appropriate license for
advancement to Wastewater/Water Operator IV shall receive a five
percent (5%) in grade pay advancement without any change to their grade
and shall have their title changed to Wastewater/Water Operator IV.
Wastewater Operator l's or II's that receive the appropriate license for
advancement to Wastewater/Water Operator III or IV, shall receive a
promotion to the higher grade and have their title changed to
Wastewater/Water Operator III or IV with their salary adjusted in
accordance with Article 26.5.
26.2 The Job Classification/Grade Chart is set forth in attached Exhibit A.
26.3 Entrance Wage Determination:
(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. However, a new
employee may only be hired at a rate above the entrance rate of pay
established for the position if:
(1) The needs of the City make such hire action necessary and all other
employees within the same classification have their base salaries
increased to be equal to that of the newly hired employee, or;
(2) The new employee has job related training and/or experience that
clearly exceeds that of current employees. Prior to City Manager
approval of initial pay under this provision, the City will notify the
union, in writing, of the proposed action and allow the union three (3)
workdays to provide comments.
26.4 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
are currently assigned.
26.5 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 promotion 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
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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
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 Midpointµ-Current Midpoint = Promotion Increase Amount (%*)
Current Midpoint
or
An increase to the minimum of the new pay grade, whichever is greater.
* Not to exceed 12% unless required to bring employee's salary to the
minimum of the new pay grade.
26.6 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:
Current Midpoint—New Midpoint — Percent Decrease Amount
New Midpoint
Step 2:
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
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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:
Step l:
Current Midpoint--New Midpoint = Percent Decrease Amount
New Midpoint
Step 2:
Current Pay = New Pay
(1 +Decrease Amount)
or
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.
26.7 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.
26.8 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 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;
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(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 27 - ALCOHOL AND DRUG TESTING
27.1 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 (FS 112.0455 & FS440.102).
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ARTICLE 28 - SENIORITY
28.1 Seniority shall be defined as the length of continuous full-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.
28.2 In 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.
28.3 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 9 of this Agreement.
28.4 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.
28.5 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.
28.6 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 29 - JOB QUALIFICATIONS AND PROMOTIONS
29.1 Whenever a Full Time (FT) or Regular Part Time (RPT)job opening occurs, other
than a temporary opening, in any existing job classification, or as the result of the
development or establishment of a new FT or RPT job classification, such jobs
shall be advertised as indicated below, and a notice of such opening shall be
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 of posting for
posting on all other authorized union bulletin boards.
a. In-house Recruitment. When it has been determined that in-house
recruitment is likely to produce a sufficient number of qualified applicants,
the vacancy may be advertised through in-house only. In the event a
vacancy is posted in-house only, it will be posted for five (5) workdays
instead of fourteen (14) calendar days. NOTE: Only Full Time and Regular
Part Time employees that have been previously selected through the City
competitive selection process may apply for positions advertised in-house.
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 directly advertised both in-house and
externally at the same time.
29.2 For the purpose of this Agreement, a vacancy shall be defined as an opening
within any City FT or RPT job classification for which funds have been
appropriated.
29.3 Whenever a vacancy is posted, employees desiring to be considered 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 Head
shall interview all City employee applicants that meet the minimum qualifications
for the position prior to filling the vacancy.
29.4 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 filled. 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 employee(s) requesting
a promotion, or reassignment, will be given priority consideration over other
applicants of similar qualifications.
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29.5 Nothing in this Article shall be construed as precluding employees within the
bargaining unit from applying for other vacant positions within the City of
Atlantic Beach.
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ARTICLE 30 - INTENTIONALLY LEFT BLANK
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ARTICLE 31 - SEVERABILITY
31.1 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 32 - SAVINGS CLAUSE
32.1 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 33 - ENTIRE AGREEMENT
33.1 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 34 - DURATION OF AGREEMENT
34.1 This Agreement shall commence and become effective on the date of ratification
of this Agreement by both parties, whichever is later, and shall continue in full
force and effect until midnight of the thirtieth (30th) day of September 2013. If
either party desires to negotiate a successor agreement, it may do so by giving the
other party written notice to that effect no later than sixty (60) calendar days prior
to September 30, 2013.
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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
this day of 2013.
FOR THE CITY: FOR THE UNION:
Jim Hanson Andy Bemis
City Manager Business Manager, Local 630
John F. Dickinson
Negotiator, City of Atlantic Beach
Ratified by Union members on:
Approved by the City Commission on:
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The City shall amend the Atlantic Beach Code of
Ordinances, Part II, Chapter 2, Employee Benefits Article VI, Division
3 ("General Employee Retirement System") to conform to Chapter 2011-
216, Laws of Florida (Senate Bill 1128).
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