Loading...
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. -22- SM 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 -23- 8M 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 -24- 8M NOVEMBER 13, 2000 of this Agreement must be completely exhausted. -25- 8M 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.. -26- 8M 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. -27- SM 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 -28- 8M 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 -29- 8M NOVEMBER 13, 2000 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 -30- 8M 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 -31- 8M 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. -32- 8M 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. -33- 8M NOVEMBER 13, 2000 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 -34- SM 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 -35- 8M 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 -36- 8M 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. -37- 8M 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 -38- __8M 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. -39- SM NOVEMBER l3, 2000 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. -40- 8M NOVEMBER 13, 2000 (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. -41- SM NOVEMBER 13, 2000 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 -42- 8M NOVEMBER 13, 2000 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. -43- 8M NOVEMBER 13, 2000 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. -44- 8M NOVEMBER 13, 2000 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. -45- 8M NOVEMBER 13, 2000 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. -46-