Exh 8M Part 28M
NOVEMBER 13, 2000
~gp ,q, - If the grievance is not settled at the s2LVnd third
step, the grievant within f~:ve--(5-r ten (10) working days
from -ChE-date receipt of the Department Head's decision
shall present the written grievance to the City Manager or
his designee. The City Manager or his designee shall
investigate the alleged grievance and may within five---(-sr
ten (101 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 meeting with the
representatives andLs~ grievant.
Steg ~t5 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 =n--step-3-
from Steg 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 grievantes 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~4-~) to advance the grievance to the next
step. Failure of the grievant (or the Union in the case of
Step -4~) 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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NOVEMBER 13, 2000
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
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NOVEMBER 13, 2000
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.
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.
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.
i1.6 Prior to initiating judicial review by any court for any
alleged violation of this Agreement, the grievance procedure
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NOVEMBER 13, 2000
of this Agreement must be completely exhausted.
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NOVEMBER 13, 2000
ARTICLE 12
HOLIDAXS
12.1 The following are recognized as holidays under the terms of
this Agreement.
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Friday after Thanksgiving Day
Christmas Day
Employee's Birthday
January 1st
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4th
1st Monday in September
4th Thursday in November
December 25th
Any day that the City Commission may, designate
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.
12.2 Whenever an observed holiday occurs on an employee's
scheduled day off, the Employer shall schedule the employee
to take a day off at another day mutually agreed to, or
compensate him at straight time rate in order to equalize
the observed legal holidays in Section 12.1.
12.3 Employees who work on the observed holiday shall receive, in
addition to their regular straight time hourly rate of pay,
at the Employer's discretion, either one and one-half (lei)
of the employee's regular hourly rate of pay, or one and
one-half (1'~i) hours of compensatory time hour-for-hour for
each hour worked during the declared holiday. ~{O,ployee's
who wish to work o~t.hear birthday rather than tak~no the
day off sha d be paid their s~raigh~ time hourly rate and
shall sched~,~le another day, ofd with pay to equalize the
served holidays in section 12.1. Emulovee's who wish to
obse~v~the actual day Qf their birthday as a jlQliday and
who are recruired by the Emp1Qy~_to work on their birthday.
shall be gaid time and onQ-half for all hour worded and
shall schedule a day off from work on another date as
provided in 12.2. Employees who schedule another day off at
a later date rather than observing the actual ate of their
bir,~hday. must take the day off prior tithe date of their
next birthday or fo~~eit the holiday..
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NOVEMBER 13, 2000
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, sick leave substantiated by a doctor's
certificate, or other 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 for the holiday or compensatory time.
12.6 Employees who are on leave of absence or layoff on the day
on which such holiday is observed shall not receive pay for
the holiday or compensatory time.
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.
12.9 Those employees who work any schedule other than the normal
eight (8) hour day shall have a holiday that conforms to
their work schedule. If payment for such time or any
portion thereof is mutually agreed to in lieu of time off,
then the employee shall be paid at time and one-half (1-1/2)
for those hours, but in no event shall the employee receive,
in either pay or time off, an amount in excess of double
time and one-half (2-1/2) for holiday hours.
12.10 Temporary employees shall not normally be utilized to
perform work on one of the holidays listed in Section 12.1.
The Employer may utilize temporary employees to work the
above holidays only after employees performing similar work
within the designated bargaining unit have first been given
the opportunity to work, and have declined said assignment.
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NOVEMBER 13, 2000
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 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.
(c) Employees may accumulate Personal Leave Hours up to a
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NOVEMBER 13, 2000
maximum of nine-hundred sixty (960) hours. Thereafter,
employees must utilize their Personal Leave Hours or
forfeit the ability to accumulate any additional hours.
Tenure
(d) For Personal Leave used for illness, the Employer
always retains the right to require medical
documentation of the illness.
(e) For hours permissibly accumulated. under this Article,
the employee may elect to be paid in cash (upon
completion of one year of continuous, uninterrupted
employment) or choose to continue to accrue the days up
to the maximum accrual level set forth in this Article.
For the purpose of cashing in accrued leave time, the
Employer will permit the employee to make a request for
payment two times during the year as follows: on the
first payday in June, and on the first payday in
December. Cash withdrawals are restricted to the
excess over one-hundred twenty (120) hours in the
Personal Leave account as of the second preceding pay
period that precedes the designated withdrawal date.
Request forms are available in City Hall. Requests
must be submitted at least two (2) weeks preceding each
of the above dates.
(f) No Personal Leave Hours may accumulate to an employee
on leave without pay, or one who has been suspended for
disciplinary purposes, or one has accumulated the
maximum under 13.1(c).
(g) 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.
(h) An eligible employee who resigns with at least two (2)
weeks notice, is laid off, or whose employment has not
been involuntarily terminated shall be paid for any
unused accruals. However, in no event shall the
employee be paid for any unused accruals exceeding
nine-hundred sixty(960) hours.
(i) The accrual rate of Personal Leave Hours shall be
determined as follows:
Maximum No. of
Hours Accumulated
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each Bi-Weekly Pay -
Period (provided maxi-
mum cap has not been
reached)
Beg. 1st through 3rd yr.
Beg. 4th through 7th yr.
Beg. 8th through 11th yr.
Beg. 12th through 15th yr.
Beg. of 16th year and over
'4-43' S . 5 0
6,47
8.0
9.54
10.16
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NOVEMBER 13, 2000
ARTICLE 14
LEAVES OF ABSENCE WITHOUT PAY
14.1
14.2
14.3
Leaves of absence without pay. unless mandated by Fed~;~1 or
State law. may. in the sole discretion of the City Manager
be granted when annual leave has been exhausted.
All leaves., with or without pay, should be requested by the
employee in writing and should be approved in writing before
becoming effective.
An employee's starting date will be
absence without pay in accordance
statutes and local ordinances.
adjusted for leaves of
with state and federal
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NOVEMBER 13, 2000
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 who by reason of membership in the United States
Military Reserve or the National Guard, and who, by the
appropriate authority are ordered to full-term active duty,
short-term active duty, weekend drills., or summer training
shall be granted leave with pay for such training not to
exceed seventeen (17) working days annually. Such military
leave shall be without loss of personal leave, pay, time, or
efficiency rating, on all days during which employees are
engaged in training ordered. under the provisions of the
United States military or naval training regulations for
such personnel when assigned to active or inactive duty.
15.3 Military leaves in excess of seventeen (17) working days
will be granted in accordance with federal law and may be
leave without pay. Employees entitled to such military leave
shall not lose the rank, grade, rating, or seniority held at
the time such leave is granted except as may be authorized
by state and federal law.
15.4 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.
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NOVEMBER 13, 2000
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 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.
Upon request and subject to the approval of the City
Manager, employees. may be granted bereavement leave as
provided in 16.1 to attend the funeral of the employee's
first cousin, aunt or uncle.
16.3 Funeral leave or bereavement leave shall be leave 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.
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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 work week 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 work week 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, 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 eight (8) in a twenty four
(24) hour period commencing at the start of the employee's
normally scheduled work day. 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 rate of
one and one-half (1'-~) the employee's regular rate of pay for
each overtime hour worked. Should .the City decide to
compensate the employee in the form of compensatory time,
the employee shall be credited with one and one-half (1~)
hour of compensatory time for each overtime hour worked.
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. The
City shall utilize the procedure set forth in Article 13.1
(e), excluding the 120 hour restriction in the event that
employees request cash payment of accrued compensatory time.
17.5 An employee who has accrued compensatory time will be
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NOVEMBER 13, 2000
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.
17.6 At any time the City, in its sole discretion, may determine
to substitute cash, in whole or in part, for compensatory
time.
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 i12) months. Hours worked by the
volunteer substitute emnloyp~will be,gaid to the employee
that was reg}~lar y scheduled to work and pot to the
volun eer ~b ti mp~oyee. The volunteer substitute
~mglp~e m~ mak arrangements with the em~yee he is
replacing for any comnensation.
17.8 Nothing in this Article shall require payment for overtime
hours not worked, except as provided herein. In calculating
the amount of overtime compensation due an employee hours
actually worked shall be counted. Additionally, paid
holidays, paid compensatory time and paid personal leave
shall be included as hours worked for purposes of overtime
payment each year. Premium payments shall not be duplicated
for the same hours worked under any of the terms of this
Agreement.
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 Director of Public Works/Engineer is authorized to
schedule employees on a "task basis".
17.12 There will be no duplication of premium payments and no
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NOVEMBER 13, 2000
claims that provide for "overtime on 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 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. 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. 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.
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 ajob-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'-~} 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 (1'-~} 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,
excluding travel fees, unless City transportation is
furnished in which case such travel fee 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
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NOVEMBER 13, 2000
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 for (S40.00) 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;
1. The employee must respond by phone within twenty (20)
minutes of receiving page.
2. The employee must arrive at job site within one (1)
hour of returning page by phone to the Employer.
17.18 An employee who has worked sixteen (I6) 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 ~) 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 (~)
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 (9) hours of work and the second
during the last four (4) hour period of work.
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NOVEMBER 13, 2000
ARTICLE 18
INJURY IN THE LINE OF DUTY
I8.1 Any non-probationary 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 following benefits:
(a) When an employee is absent due to compensable injury,
the City will pay 100$ of an employee's average daily
earnings for each regularly scheduled work day missed
beginning with the first calendar day of the authorized
disability, and continuing through the seventh calendar
day of the authorized disability. However, in no case
shall these payments and those paid through Workers'
Compensation exceed the employee's normal net salary.
Any amount paid by the City to the employee which is
subsequently paid by Workers' Compensation shall be
reimbursed by the employee to the City.
(b) An employee sustaining a lost time injury under this
Article may use accumulated Personal Leave Days to
cover the time off the job due to an injury until he is
compensated by Workers' Compensation. Personal Leave
Days can be used to supplement that percentage (33 -
1/3~) of his pay which is not covered by Workers'
Compensation. The request to allow the employee to do
the above must be made to the appropriate Department
Head in writing.
(c) In addition to the benefits afforded under Section (a)
an employee, subsequent to exhausting all Personal
Leave Days, may be awarded special benefits by the City
if special circumstances are found to exist in the sole
opinion of the City Manager. But such payments shall
not, when added to Workers' Compensation benefits,
total more than the normal regular pay received by the
employee immediately .prior to such disability, nor may
such payments continue for longer than one year from
the date of injury. Factors which the City Manager may
consider in each instance are as follows:
1. Consideration. of degree of responsibility of
employee/employer.
2. Obedience to or violation of laws, statutes, or
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NOVEMBER 13, 2000
ordinances involved in connection with the cause
of such disability.
3. Obedience to or violation of safety rules and
regulations of the City which are involved in the
cause of the disability.
4. Obedience to or uiolation of any Department
rules, regulations and policies procedures, or
instructions to the employee by supervisors
involving the cause of the disability.
The decision to grant or deny special benefits is not
subject to the grievance or arbitration provisions of this
Agreement.
18.2 Where injury is caused by the knowing refusal of the
employee to use a safety appliance provided by the City, the
unemployment compensation benefits shall be reduced twenty-
five percent (25~). Failure to obey safety regulations or
to use safety devices shall result in disciplinary action,
up to and including discharge.
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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.
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(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, 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.
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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 which relates to
or is inconsistent, incompatible, or in conflict
with his duties as a City employee. Outside
employment which 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) The City of Atlantic Beach will assume no
responsibility or liability for any injuries
incurred while the .employee is engaged in
outside employment activities.
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
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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
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 group health insurance coverage
through an HMO, PPO and/or other insurance means for all
eligible employees covered under this Agreement, and agrees
to pay the cost of such coverage.
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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 3' x 3' in dimension,
provided the bulletin boards shall be located only near the
time clock in the Public Works Facility, Buccaneer Facility
and Atlantic Beach Waste Water Facility.
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 which 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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