Exh 8M Part 18M
NOVEMBER 13, 2000
CITY OF ATLANTIC BEACH
CITY COMMISSIONER MEETING
STAFF REPORT
AGENDA ITEM: Public Works Union Contract
DATE: November 8, 2400
SUBMITTED BY: George Foster, Human Resource Manager
The City and Public Works Union Negotiation Team have agreed
to the provisions of a new contract. The key features of the
proposed contract aze:
1. Three year contract from October 1, 2000 through September 30,
2003 with either party being able to open wages and three other
Articles each year. (Art 34)
2. A pay adjustment of four percent (4%} for all union employees except
for licensed Wastewater/Water Operators. who shall receive a ten
percent (10%) pay adjustment. (Art 26.1)
3. An increase to standby (Duty Beeper) pay from $30 to $40 for
employees required to be on standby for 7 consecutive days.
(Art 17.17)
4. An increase in Personal Leave accrual for employees with from zero
through three years of service as follows (Art 13.1):
Years of Service Current Proposed
Startins T ru Hours Hours
0 3 128 143
4 7 168 n/c
8 11 208 n/c
12 15 248 n/c
I Cri- 264 n/c
FUNDING: Funds for these actions aze currently within the budget.
ACTION REQUESTED: Approve the Public Works Umon Contract and authorize City
Manager and City Negotiatorto sign.
ATTACHMENT: Proposed union cotmact with deletions (strikeouts) and additions
(underlined).
REVIEWED BY CITY MANAGER: ~~,_
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NOVEMBER 13, 2000
AGREEMENT
between
NORTHEAST FLORIDA PUBLIC EMPLOYEES' LOCAL 630
LIUNA, AFL-CIO
AND
CITY OF
~gla~e itS'eaelc -'1?foal4a
CITY OF ATLANTIC BEACH, FLORIDA
October 1,4999 2000, through September 30, 308@ 2003
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Table o£ Contests
Article No. Title page No.
AGREEMENT . -1-
ARTICLE 1-RECOGNITION -2-
ARTICLE 2-PAYROLL DEDUCTION AND DUES -3-
ARTICLE 3-NO STRIKE PROVISION -5-
ARTICLE 4-MANAGEMENT SECURITY -6-
ARTICLE 5-MANAGEMENT RIGHTS -7-
ARTICLE 6-UNION STEWARDS AND UNION REPRESENTATION -10-
ARTICLE 7-PRO$ATIONARY EMPLOYEES -13-
ARTICLE 8-RULES AND REGULATIONS -14-
ARTICLE 9-DISCHARGE AND DISCIPLINE -15-
ARTICLE 10-GRIEVANCE PROCEDURE -20-
ARTICLE 11-ARBITRATION PROCEDURE -23-
ARTICLE 12-HOLIDAYS -26-
ARTICLE 13-PERSONAL LEAVE HOURS -28-
ARTICLE 14-LEAVES OF ABSENCE WITHOUT PAY -31-
ARTICLE 15-MILITARY LEAVE -32-
ARTICLE 16-BEREAVEMENT LEAVE -33-
ARTICLE 17-HOURS OF WORK AND OVERTIME -34-
ARTICLE 18-INJURY IN THE LINE OF DUTY -38-
ARTICLE 19-CODE OF ETHICS AND USE OF CITY EQUIPMENT -40-
ARTICLE 20-INSURANCE -44-
ARTICLE 21-SAFETY AND HEALTH -45-
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ARTICLE 22-BULLETIN BOARDS -46-
ARTICLE 23-UNIFORMS . -47-
ARTICLE 24-MILEAGE ALLOWANCE -48-
ARTICLE 25-CAREER DEVELOPMENT -49-
ARTICLE 26-WAGES -51-
ARTICLE 27-ALCOHOL AND DRUG TESTING -54-
ARTICLE 28-SENIORITY -58-
ARTICLE 29-JOB QUALIFICATIONS AND PROMOTIONS -59-
ARTICLE 30-UNION TIME POOL -60-
ARTICLE 31-SEVERABILITY -61-
ARTICLE 32-SAVINGS CLAUSE -62-
ARTICLE 33-ENTIRE AGREEMENT -63-
ARTICLE 34-DURATION OF AGREEMENT . -64-
SIGNATURE PAGE -65-
EXHIBIT A -66-
EXHIBIT B -67-
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AGREEMENT
THIS AGREEMENT is entered into this 1st day of October, 393 2000,
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.
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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 employees in the unit 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 far 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.
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ARTICLE 2
PAYROLL DEDUCTION AND pUES
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.
2.6 The City agrees to furnish the Union upon request with an
annual computer print-out of all the employees within the
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defined bargaining unit. The print-out will contain the
employees' name, address, classification, current rate of
pay, date of hire and telephone number. The City will not be
responsible for the accuracy of the information provided,
however, the City agrees that the information provided will
be as accurate and up to date as reasonably possible.
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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.
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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. aae 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.
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ARTICLE 5
MANAGEMENT RIGHTS
5.1 Except as expressly provided for in this Agreement, the
Employer retains the sole and exclusive right 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, the operation of motorized
equipment, the scope of service to be performed, the methods
of service, the schedule of work time; 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) calender 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); to determine
whether and to what extent the work required in its
operations shall be performed by employees covered by this
Agreement; to maintain order and efficiency in its work
stations and locations; 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;
to hire, lay-off, assign, transfer, promote, demote and
determine the qualifications of employees; to create new job
classifications and to create and amend job descriptions; to
determine the starting and quitting time and the number of
hours to be worked; 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; to
assign overtime work; to discipline, suspend, and/or
discharge employees for just cause; and 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 in its capacity as manager of
the Public Services Department of the City. 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
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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 [anion. 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.
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 declaxed 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
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decisions on the above matters have the practical
consequence of violating the terms and conditions of this
Agreement.
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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
of the Department of Public Works and the Department of
Parks and Recreation.
T,ocat~ on N ~ o S ward
Public Works/Water Distribution
Parks and Recreation 1
Atlantic Beach Water/Wastewater Treatment Plant 1
Buccaneer Water/Wastewater Treatment Plants 1
The Union may appoint one of the above stewards as a Roving
Steward.
When additional permanent work locations are created, 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
biz~tvr-csf appropriate Department Head 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
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secure permission. Such permission will not be unreasonably
withheld. Union stewards shall normally settle grievances
on the job site which is within their designated
jurisdiction. €~rsuant-'to Files of the Pmn~oyee ~
authorized by Chapter 119 of the Florida Statutes, or exempt
files as authorized b~ th~eimnloyee (in wri final. a~iYes
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. Tf it becomes necessary for a union steward to
receive written permission, the department will provide a
form which 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. Such
permission shall not be unreasonably withheld.
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
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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.
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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 City Manager has the discretion to extend the
probationary period an additional six (6) months. 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.
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.
7.2 Employees who are subject to a probationary period because
of a transfer or promotion to a new position shall be
returned to the position they held prior to the transfer or
promotion at the employee's former pay 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.
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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 any work rules and/or
policies which the City has created, amended, or deleted,
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.
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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. 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 r
(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;
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(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;
(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
(a) All disciplinary actions shall normally be progressive.
Written warning notices shall normally be provided to
employees prior to the issuance of discipline. The
following are intended as examples of disciplinary
actions:
1. Reprimand given in writing.
2. Suspension without pay.
3. Dismissal.
9.4 Notwithstanding the provisions of 9.1, the Employer may
suspend or discharge an employee immediately for being
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under the influence of alcohol and/or drugs pursuant to
Article 28 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 i5) days of the actual
suspension or discharge.
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 emnloyQg's rP~g4ndinc~ statem@n a d ~
~ sues other ~jl,~n the far,~,s and iss,ies r~gar~j,n;~ the
~,pecifi~~~p~mand at ~ ssue. ~ may be return o tom,
emn~o~vg ~,~ the Human Resource Manager with a letter
~xg~ aining the reasons it was not accept-gd.
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 (a) No written warning in an employee's personnel file
shall be used as a basis for disciplinary action if;
1. More than one (1) year has past since the written
warning was issued;. and
2. the employee has not received any other
disciplinary action against him for similar or
like matters within that one i1) year from the
date of the written warning.
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(b) No written reprimand in an employee's personnel file
shall be used as a basis for further disciplinary
action if;
1. More than two (2) years has past since the
written reprimand was issued; and
2. the employee has not received any other
disciplinary action against him for similar or
like matters within that two (2) year from the
date of the written reprimand.
9.10 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.
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 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.
9.11 Derogatory information, including disciplinary or
detrimental documents, will not be entered into an
employee's official personnel records unless the
following has been accomplished:
Sal The employee is notified:
]",, 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
~.bL fihe employee is given a copy of the information,
and
.~ The employee is given an opportunity to submit
information in rebuttal to derogatory
information, and
S~.L The employee has been asked to acknowledge that
such a document is being placed into their
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official personnel file.
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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.
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:
Steb 1 - The grievant shall orally present his grievance to
his immediate supervisor within fici-e--f~ ten (101 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 true-~{-5-)- ten f10) working days within return to his job
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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 the Employer. The immediate supervisor shall
orally communicate a decision to the grievant within five
-~ ten (10) working days from the date the grievance was
wally presented to him.
Step 2 - If the grievance is not settled at the first step,
the grievant within £iv-e--{-5-r ten (10) working days of
receipt of the immediate supervisor's Step I response, shall
present the grievance in written form (in compliance with
Section 10.4) to the ~yg.rv; or of h ~nd'v;du~„_~hat
provided th,~ e ~t~,n ~ Gbona normal ~, the Divlsinn
Director, with a copy to the
qty--Manag-ar Department Head. The appropriate ~epart~m2nt
~pervisor 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 ~geirt Manager
if the grievant requests union representation. The
appropriate supervisor shall
notify the grievant of his decision no later than ten (10)
working days following the meeting date.
Sten 33 - T_f th~gri evance is not sett d a h G -cond at,,~p~,
t_h~grievant tgithin ten (10) w„93^king days of ipt of the
supervisor/D; `t' ;on D~-re o ' t p Ia .response. ~ha7~
present th~g~'ievance to the L7tility D; r r. Wh ra h
ti ; y,~ir to ;s no ;n he ;n of p ogressj.on, the
grievances shall be presented t~ th~a p~rO~riate Department
Head w; th a copy to the Gi ty Man~g,~r. T}~ LTti ].; tv
Director/appropr~~t~D~--par men a~ or his desig,Dee. shall
;nv g 'g~~e the a~leg~d grievance and shall w;th;n ten (~0)
working day~_o,~,r~c_ip,~_~ th wri en griaya~~cond~ a
meeting with .the. grievant ate, the union steward andlo_r
business Manager ~ the grievant rea~?g~„ts union
renresentati on. Tb~t tj, ; t~y D~,~~ or/apnro ri a Department
Head or his desiaDee .shall notify the g~jevant of his.
dec; sion Flo ],~te_r than t~~ (10) working dayy-following. the
meeting date.
If the ,grievance is not settled at the U it. 1'.t~Dire~tor's
gri van o h apprO~,riat2 De ar mint Head as ~ov~ded ~n
Step 3. - -
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