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Item 6C- Resolution No. 17-23RESOLUTION NO. 17-23 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE AMENDMENT TO THE 2016-2018 NORTHEAST FLORIDA PUBLIC EMPLOYEES' LOCAL 630 LIUNA, AFL-CIO "BLUE COLLAR" CONTRACT, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AMENDMENT. WHEREAS, the City of Atlantic Beach currently has a contract in place with the Northeast Florida Public Employees' Local630 LIUNA, AFL-CIO "Blue Collar" Union; and WHEREAS, the effective dates ofthe contract are 2016-2018; and WHEREAS, each year the contract is amended to included updating the wages provision, as well as up to four other provisions; and WHEREAS, Northeast Florida Public Employees' Local 630 LIUNA, AFL-CIO "Blue Collar" Union and the City had a successful negotiation process this year; WHEREAS, in additiqn to providing an update to the wage provision as approved by the Commission in this year's budget, ,the following provisions were amended: 7.4 A superfluous sentence was eliminated; 12.2 The sentence regarding reopening the use of Accrued Leave provisiOn was eliminated; 16.3 The sunset provision was eliminated duet~ no adverse impact on budget; 16.17 The sunset provisions were eliminated due fQ no adverse impact on budget; 23.4 Effective date for promotion was clarified; ' 23.5 This section clarified to provide for supplement for employees who obtain a license or certification that benefits the City. WHEREAS, the Northeast Florida Public Employees' Local630 LIUNA, AFL-CIO "Blue Collar" Union has approved the amendment to the 2016-2018 contract and are in the process of ratifying the amendment; NOW THEREFORE, be it resolved by the City Commission ofthe City of Atlantic Beach as follows: SECTION 1. The City Commission hereby approves the amendment to the 2016-2018 Northeast Florida Public Employees' Local630 LIUNA, AFL-CIO "Blue Collar" Union contract; SECTION 2. The City Commission hereby authorizes the City Manager to execute the amendment; SECTION 3. This Resolution shall take effect immediately upon its passage and adoption. Agenda Item 6C October 23, 2017 PASSED AND ADOPTED by the City of Atlantic Beach, this 23h day of October, 2017. Attest: Donna L. Bartle, City Clerk Mitchell E. Reeves, Mayor Approved as to form and correctness: Brenna M. Durden, City Attorney Agenda Item 6C October 23, 2017 This Amendment to the Agreement between the 2016-2018 Northeast Florida Public Employees' Local 630 LIUNA, AFL-CIO "Blue Collar" and the City of Atlantic Beach, Florida, effective October 1, 2017 is modified as follows, and was ratified and approved as indicated below. Approved by the City Commission on 9/25/17, pay scale adjusted by 1% COLA. All full-time, part-time and seasonal employees with 6 months of service as of 10/1/17 will receive a pay adjustment of 3% of the new midpoint for their paygrade. No employee may exceed the maximum pay for their paygrade. Employees who have reached the maximum of their paygrade will receive an annual bonus equal to the difference in the amount of their salary and what they would have received if they weren't maxed out. This will be paid at the time raises become effective. 7.4 Employees who are subject to a probationary period because of a transfer or promotion to a new Union position shall be returned to the position they held prior to the transfer or promotion with pay constructively adjusted per Article 26 should management determine that the employee is not successfully completing the probationary period. However, nothing shall prevent the Employer from discharging, suspending or otherwise disciplining, the transferred or promoted employee during the probationary period for just cause. Further, should the transferred or promoted employee be returned to his former position for failing to satisfactorily complete the probationary period, the Employer shall have the right to terminate the individual who filled the transferred or promoted employee's former position. If the original position of the transferred or promoted employee resulted in a promotion for another union employee, that employee would be reverted back to his original position with pay constructively adjusted per Article 24. The new employee hired to fill that open position (i.e. the lowest level position in this process) would then be terminated. In most cases, this would be a new employee. Such termination shall not be subject to the grievance or arbitration provisions of this Agreement. This policy is only applicable to transfers or promotions \vith the LIU1'U ... bargaining unit. 12.2 The parties agree to reopen this l...rticle relating to the use of accrued Annual Leave credits to fund the Deferred Compensation plan, for negotiation in 2017. 16.13 An employee who has left his normal place ofwork and who is "called-back" for overtime work shall receive a minimum payment of three (3) hours at time and one- half (1 ~) the employee's regular rate of pay or the actual hours worked at time and one-half (1 ~), whichever is greater. This provision 'vVill automatically sunset on September 30, 2017, and will revert back to hvo (2) hours minimum. 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 Agenda Item 6C October 23, 2017 not constitute a "call back". This Section shall not apply ifhours worked as a result of a call back extend into the start of the employee's regular work period. 16.17 Employees required to be accessible by telephone and not performing actual work, but in readiness to perform work when the need arises, shall be considered to be on standby. If the employee performs actual work during the standby period, the employee shall be considered to have received a call-out, and shall be paid in accord with Article 16.13. Any employee designated by the Employer to be on standby duty shall receive, in addition to his regular pay, an additional $17.86 or each full day the employee is required to be available on standby duty. This provision will automatically sunset on September 30, 2017, and will re:vert back to $100/full week of on call duty. 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. (d) Employees who are called by their supervisor, but not required to respond, will receive one hour straight time pay. This provision v,rill automatically sunset on September 30, 2017. Employees who are called by their supervisor, but not required to respond, will receive one hour straight time pay. 23.4 Employees classified as Wastewater Operator I, Wastewater Operator II, or Wastewater/Water Operator III who obtain the required licenses required for a higher Operator classification, shall be promoted or have their pay adjusted per Article 24. The effective date of such promotion, or pay adjustment, shall be the date the employee takes the exam, once proof is presented that he/she 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 is issued the 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 Agenda Item 6C October 23, 2017 employment of the City, the cost borne by the City for the course, travel and lodging must be reimbursed by the employee. 23.5 Employees who obtain a license or certification that benefits the City, at the sole discretion of the Department Head, shall receive an annual one-time lump sum payment of $250.00 SIGNATURE PAGE IN WITNESS THEREOF, the parties have caused this to the Amendment to the 2016-2018 Agreement between the Northeast Florida Public Employees' Local 630 LIUNA, AFL- CIO "Blue Collar" and the City of Atlantic Beach to be signed in their respective names by their respective representatives and have executed this Agreement. FOR THE CITY: Joe Gerrity Ronnie Bun-is City Manager Catherine Berry, Esq., Negotiator and Director of Human Resources Ratified by Union members on: Approved by the City Commission on: FOR THE UNION: Business Manager, Local 630 Agenda Item 6C October 23, 2017