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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 $40 for employees required to be on standby for 7 consecutive days. (Art 17.17) 4. An increase in Personal Leave accrual for employees with from zero through three years of service as follows (Art 13.1): Years of Service Current Proposed Startins T ru Hours Hours 0 3 128 143 4 7 168 n/c 8 11 208 n/c 12 15 248 n/c I Cri- 264 n/c FUNDING: Funds for these actions aze currently within the budget. ACTION REQUESTED: Approve the Public Works Umon Contract and authorize City Manager and City Negotiatorto sign. ATTACHMENT: Proposed union cotmact with deletions (strikeouts) and additions (underlined). REVIEWED BY CITY MANAGER: ~~,_ SM NOVEMBER 13, 2000 AGREEMENT between NORTHEAST FLORIDA PUBLIC EMPLOYEES' LOCAL 630 LIUNA, AFL-CIO AND CITY OF ~gla~e itS'eaelc -'1?foal4a CITY OF ATLANTIC BEACH, FLORIDA October 1,4999 2000, through September 30, 308@ 2003 8M NOVEMBER 13, 2000 Table o£ Contests Article No. Title page No. AGREEMENT . -1- ARTICLE 1-RECOGNITION -2- ARTICLE 2-PAYROLL DEDUCTION AND DUES -3- ARTICLE 3-NO STRIKE PROVISION -5- ARTICLE 4-MANAGEMENT SECURITY -6- ARTICLE 5-MANAGEMENT RIGHTS -7- ARTICLE 6-UNION STEWARDS AND UNION REPRESENTATION -10- ARTICLE 7-PRO$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- -i- SM NOVEMBER 13, 2000 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- -ii- 8M NOVEMBER 13, 2000 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. -1' 8M NOVEMBER 13, 2000 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. -2- 8M NOVEMBER 13, 2000 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 -3- 8M NOVEMBER 13, 2000 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. -4- 8M NOVEMBER 13, 2000 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. -5- 8M NOVEMBER 13, 2000 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. -6- 8M NOVEMBER 13, 2000 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 -7- 8M NOVEMBER 13, 2000 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 -8- 8M NOVEMBER 13, 2000 decisions on the above matters have the practical consequence of violating the terms and conditions of this Agreement. -9- 8M NOVEMBER 13, 2000 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 -10- SM NOVEMBER 13, 2000 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 -11- 8M NOVEMBER 13, 2000 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. -12- SM NOVEMBER 13, 2000 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. -13- 8M NOVEMBER 13, 2000 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. -14- 8M NOVEMBER 13, 2000 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; -15- 8M NOVEMBER 13, 2000 (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 -16- 8M NOVEMBER 13, 2000 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. -17- SM NOVEMBER 13, 2000 (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 -lg_ 8M NOVEMBER 13, 2000 official personnel file. -19- 8M NOVEMBER 13, 2000 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 _20_ 8M NOVEMBER 13, 2000 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. - - -21-