Exh 8JAgenda Item: r~.~
Date: ~2 -/~/~ 99'
CITY OF ATLANTIC BEACH
CITY COMMISSIONER MEETING
STAFF REPORT
AGENDA ITEM: Public Works Union Contract (Agenda amended to include)
SUBMITTED BY: George Foster, Human Resource Manager
ACTION REQUESTED: Approval of Public Works Union Contract retroactive to October
1, 1999.
BACKGROUND: The City and Public Works Union Negotiation Team have agreed
to the provisions of a new contract. The key features of the
proposed contract are:
1. One year contract from October 1, 1999 through September 30,
2000.
2. Pay increase of four percent (4%) effective October 1, 1999.
Art 26.
3. Reduced Personal Leave submission time from 14 to 5 calender
days and reduced minimum amount charged from 1 hour to 15
minutes. Supervisor still has authority to approve or disapprove
all requests. Art 13.
4. Changed approval authority for most Bereavement Leave
requests from City Manager to Department Head. Art 16.
5. Added a Union Time Pool provision. Art 30.
6. Increased starting pay by 2% and established a
Water/Wastewater I, II, III, and IV job series to replace current
job series of Water/Wastewater Operator I, II, III, IV; Lead
Utilities Plant Operator; and Dual Certified Operator. Exh A.
BUDGET: Funds for these actions are currently within the budget.
RECOMMENDATION: That the City Commission approve the Public Works union contract
for the period October 1, 1999 through September 30, 2000.
REVIEWED BY CITY MANAGER:
AGREEMENT
between
_~ NORTHEAST FLORIDA PUBLIC EMPLOYEES' LOCAL 630
LIUNA, AFL-CIO
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\~~rYh Ar'~`e~
AND
CITY OF
CITY OF ATLANTIC BEACH, FLORIDA
October 1, 1999, through September 30, 2000
Table of Contents
Article No. Title
TO BE PROVIDED
Page No.
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AGREEMENT
THIS AGREEMENT is entered into this 1st day of October, ~-Q9-S 1999,
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, Uriion, or
Employee Organization. It is the intent and purpose of this Agreement
_~o assure sound and mutually beneficial working relationships between
the parties hereto, to provide an orderly and peaceful means of
resolving misunderstandings or differences which may arise and to set
forth basic and full agreement between the parties concerning wages,
hours and other conditions of employment enumerated herein. There are
and shall be no individual arrangements or agreements covering any
part or all of this Agreement contrary to the terms provided herein.
It is mutually understood and declared to be the public policy of the
Employer and the Union to promote harmonious and cooperative
relationships between the Employer and the Union and to protect the
public by assuring, at all times, the orderly and uninterrupted
operations and functions of government.
Whenever a male pronoun is used in this Agreement it shall be
construed to include reference to both sexes.
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ARTICLE 1
RECOGNITION
1.1 Pursuant to and in accordance with all applicable provisions
of Part. II of Chapter 447, Florida Statutes, the Employer
recognizes the~Union as the exclusive collective bargaining
representative for those full-time employees in the unit as
` provided in the attached Exhibit "A", for the purpose of
bargaining collectively in the determination of the wages,
hours and terms and conditions of employment of those public
employees within the bargaining unit.
The Employer agrees to promptly notify the Union in writing
of its intention to create any job classification not
specifically listed in Exhibit "A", which classification
might reasonably be expected to be appropriate for inclusion
within the bargaining unit. The parties agree to meet and
discuss reopening this section to add such classifications
to the description above at the request of either party.
1.2 It is further understood and agreed that the Business
Manager or his designee will be the official spokesman for
the Union in any matter between the Union and the Employer,
only however on the matters which the Union has authority
regarding its membership. The Business Manager shall
designate in writing the name of his designee.
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ARTICLE 2
PAYROLL DEDUCTION AND DUES
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 efort to notify employees of any
increase in dues in advance of such increase being deducted
by the Employer. The Employer's remittance will be deemed
correct if the Union does not give written notice to the
Employer within seven (7) calendar days after remittance is
received of its belief and reasons stated therefore that the
remittance is incorrect.
2.2 The Union will indemnify, defend and hold the Employer
harmless against any claim made, and against any suit
instituted, against the Employer as the result of any check-
off of union dues.
2.3 An employee may revoke his authorization for deduction of
dues provided the employee gives thirty (30) calendar days
written notice to the Employer and the Union. Upon receipt
of such notification, the Employer shall terminate dues on
the pay date immediately following the expiration of the
thirty (30) calendar day notice period.
2.4 No deduction shall be made from the pay of an employee for
any payroll period in which the employee's net earnings for
that payroll period are less than the amount of dues to be
checked off. Net earnings shall mean net after required
deductions.
2.5 If there is an amount deducted in excess of what is
authorized by this Agreement, the employee affected shall
seek recourse within the Union and not the City, provided
that the excess amount deducted was in fact remitted to the
Union in the form of union dues.
2.6 The City agrees to furnish the Union upon request with an
annual computer print-out of all the employees within the
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defined bargaining unit. The print-out will contain the
employees' name, address, classification, current rate of
pay, date of hire and telephone number. The City will not be
responsible for the accuracy of the information provided,
however,-the City agrees that the information provided will
be as accurate and up to date as reasonably possible.
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ARTICLE 3
NO STRIKE PROVISION
3.1 The Union and bargaining unit members shall have no right to
instigate, promote, sponsor, engage in, or condone any work
stoppage, boycott, slow-down, strike, intentional disruption
of City operations, or to withhold services for any reason.
3.2 Local 630, its officers, agents, stewards, and other
representatives agree that it is their continuing obligation
and responsibility to maintain compliance with this Article
and the law, including their responsibility to abide by the
provisions of this Article and the law by remaining at work
during any interruption which may be initiated by others;
and including their responsibility, in the event of breach
of this Article or the law by other employees, and upon the
request of the City, to encourage and direct employees
violating this Article or the law to return to work, and to
disavow the strike.
3.3 In addition to the penalties set forth in Section 447.507,
Florida Statutes, any and all employees who violate any
provision of the law prohibiting strikes or this Article may
be disciplined, up to and including discharge, by the City.
The only question that may be raised in any proceeding
(grievance, judicial or otherwise)- contesting such action is
whether the provision prohibiting work stoppages, boycotts,
slow-downs, strikes, intentional disruption of City
operations, or the withholding of services was violated by
the employee to be discharged or otherwise disciplined.
3.4 The circuit courts of this State shall have jurisdiction to
enforce the provisions of this Section by ex parte
injunction and contempt proceedings, if necessary.
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ARTICLE 4
MANAGEMENT SECURITY
4.1 (a) The Union, its representatives, members or any. persons.
acting on their behalf agree that the following
"unlawful acts" as defined in Chapter 447, Florida
Statutes are prohibited; 1} Solicitation of public
'' employees during working hours or 2) Distributing
literature during working hours in areas where the work
of the public employees is performed.
(b) The circuit courts of the state shall have jurisdiction
to enforce the provisions of this section by injunction
and contempt proceedings if necessary. A public
employee who is convicted of a violation of any
provision of this section may be discharged or
otherwise disciplined by the Employer notwithstanding
further provisions of this or any other agreement.
(c} No employee organization shall directly or indirectly
pay any fines or penalties assessed against individuals
pursuant to the provisions of this article.
4.2 The Employer and Union agree that the basic intent of this
Agreement is to provide a fair day's work in return for a
fair day's pay and to provide conditions of employment
suitable to maintain a competent work force. The Employer
and Union affirm the joint opposition to any discriminatory
practices in connection with employment, promotion, training
or assignment remembering that the public interest requires
full utilization of employees' skills .and ability without
regard to race, color, creed, religion, national origin,
handicap or sex.
4.3 In accordance with Chapter 447, Florida Statutes, employees
shall have the right to form, join and participate in or
refrain from forming, joining or participating in an
employee organization of their own choosing. They shall
have the right to be represented by an employee organization
of their choosing to negotiate collectively through a
certified bargaining agent with the City in the
determination of the terms and conditions of their
employment.
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ARTICLE 5
MANAGEMENT RIGHTS
5.1 Except as expressly provided for in this Agreement, the.
Employer retains the sole and exclusive right to manage its
operations and direct the work of the bargaining unit
employees, including the rights to decide the number and
-- location of work stations, the operation of motorized
equipment, the scope of service to be performed, the methods
of service, the schedule of work time; to contract and
subcontract existing and future work (should the Employer
exercise its management right and decide to contract out
existing and future bargaining unit work, the Employer
agrees to notify the Union of its intent to subcontract no
less than thirty (30) calender days prior to implementation.
The Employer agrees to meet with the Union upon request of
the Union; however, such obligation to meet with the Union
shall not affect the Employer's right to implement said
decision free from any bargaining obligation); to determine
whether and to what 'extent the work required in its
operations shall be performed by employees covered by this
Agreement; to maintain order and efficiency in its work
stations and locations; to curtail or discontinue
temporarily or permanently, in whole or in part, operations
whenever in the opinion of the Employer good business
judgment makes such curtailment or discontinuance advisable;
to hire, lay-off, assign, transfer, promote, demote and
determine the qualifications of employees; to create new job
classifications and to create and amend job descriptions; to
determine the starting and quitting time and the number of
hours to be worked; to require an employee to take a
physical or mental examination, given by a health service,
or a physician or psychiatrist selected by the Employer; to
assign overtime work; to discipline, suspend, and/or
discharge employees for just cause; and to have complete
authority to exercise those rights and powers incidental
thereto, including the right to make unilateral changes,
subject only to such regulations governing the exercise of
these rights as are expressly and specifically provided in
this Agreement.
5.2 The above rights of the Employer are not all inclusive but
indicate the type of matters or rights which belong to and
are inherent to the Employer in its capacity as manager of
the Public Services Department of the City. Any of the
rights, powers, and authority the Employer had prior to
entering into this collective bargaining agreement are
retained by the Employer, except as expressly and
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specifically abridged, delegated, granted or modified by
this Agreement. The management rights, functions privileges
and prerogatives referred to in this Article which the
Employer has not expressly modified or restricted by a
specific provision of this Agreement are not in any way,
directly or indirectly, subject to .the grievance or
arbitration procedures, and the Employer has no obligation
to bargain over the decision to exercise such rights,
~= functions, prerogatives and privileges, or the effect of
such decisions.
5.3 Any and all aspects of wages, hours, and working conditions,
which are not specifically covered by this Agreement, may be
initiated, instituted, continued or discontinued without
notification of or consultation with the Union. 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 declared emergency only, provided
that wage rates and monetary fringe benefits shall not be
suspended.
5.6 The Employer's failure to exercise any function or right
hereby reserved to it, or its exercising any function or
right in a particular way, shall not be deemed a waiver of
this right to exercise such function or right, nor preclude
the Employer from exercising the same in some other way not
in conflict with the express provisions of this Agreement.
5.7 The exercise of the above-referenced management prerogatives
shall not be subject to the grievance or arbitration
procedures of this Agreement; provided however, that the
exercise of such rights shall not preclude employees or
their representatives from raising grievances, should
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decisions on the above matters have the practical
consequence of violating the terms and conditions of this
Agreement.
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.ARTICLE 6
UNION STEWARDS AND UNION REPRESENTATION
6.1 Employees. covered by this Agreement will be represented by
stewards designated by the Union in the following locations.
of the Department of Public Works and the Department of
Parks and Recreation.
Location Number of Stewards
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
Director of appropriate Department Head prior to the
effective date of their assuming duties of office. Union
stewards will not perform any grievance work until such
notification is received by the Employer.
6.3 The Business Manager or the President of the Union, may,
with prior authorization by the City Manager or appropriate
Department Head, be admitted to the property of the
Employer. Union officials, as designated above, shall be
able to talk with employees before or after regular working
hours or during the lunch period of said employees on
Employer property in areas mutually agreed upon by the Union
and the Employer to discuss union business, including but
not limited to, grievances.
6.4 The following sections outline the duties and
responsibilities of stewards recognized union
representatives. In those cases which cannot be resolved
otherwise, designated union stewards shall be granted
reasonable time off, without loss of pay, to settle
grievances. Work loss must be minimized. The steward must
advise his supervisor of the requirement of such time and
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secure permission. Such permission will not be unreasonably
withheld. Union stewards shall normally settle grievances
on the job site which is within their designated
jurisdiction. Pursuant to Chapter 119 of the Florida
Statutes, all files of the employee .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. If 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
resolution of such grievance.
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6.10 Employees of the designated bargaining unit shall have the
right to join the Union, to engage in lawful concerted
activities for the purpose of collective bargaining or other
mutual aid and protection, and to express or communicate any
view,. grievance, complaint or opinion,.. within the bounds of
good .taste related to the conditions or compensation of
public employment or it betterment, all free from any
_ restraint, coercion, discrimination, or reprisal. There
~~ shall be no restraint, discrimination, intimidation, or
reprisal against any employee because of that employee's
membership or lack of membership in the Union or by virtue
of his holding office or not holding office in the Union.
This provision shall be applied to all employees by the
Employer and the Union.
6.11 All stewards have productive work to perform as assigned by
the Employer. .The parties agree that each will cooperate
with the other in reducing to a minimum the actual time
spent by union representatives in investigating, presenting,
and adjusting grievances or disputes.
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ARTICLE 7
PROBATIONARY EMPLOYEES
7.1 All employees shall be classified as probationary employees
for the first six..{6) months of continuous uninterrupted
employment. The probationary period shall apply for all
employees in a new job classification (new employee or an
employee who has been transferred, promoted or demoted).
The City Manager has the discretion to extend the
probationary period an additional six (6) months. Except in
the case of a transfer or promotion to a new position which
is set forth below, at any time during the probationary
period the Employer may decide to terminate a probationary
employee with or without cause. Such decision to terminate
shall not be subject to the grievance or arbitration
procedures of this collective bargaining Agreement.
Provisions as to seniority shall not apply to probationary
employees, rather seniority shall date back to the time of
hire after an employee has successfully completed his'
probationary period. If more than one (1) employee is hired
on the same day, seniority shall be determined by the day (1
-31) of birth, with the employee with the lowest numeric day
of birth having the most seniority.
7.2 Employees who are subject to a probationary period because
of a transfer or promotion to a new position shall be
returned to the position they held prior to the transfer or
promotion at the employee's former pay should management
determine that the employee is not successfully completing
the probationary period. However, nothing shall prevent the
Employer from discharging, suspending or otherwise
disciplining, the transferred or promoted employee during
the probationary period for just cause. Further, should the
transferred or promoted employee be returned to his former
position for failing to satisfactorily complete the
probationary period, the Employer shall have the right to
terminate the individual who filled the transferred or
promoted employee's former position. Such termination shall
not be subject to the grievance or arbitration provisions of
this Agreement.
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ARTICLE 8
RULES AND REGULATIONS
8.1 The City shall have the right to establish, maintain and
enforce, or rescind, amend or change, reasonable rules-and
regulations and standard operational procedures. The City
Y will provide the Union with copies of any work rules and/or
-- policies which the City has created, amended,. or deleted,
which pertain to members of the bargaining unit within a
reasonable time after creation, amendment, or deletion.
8.2 Any employee violating a rule or regulation or standard
operational procedure may be subject to disciplinary action,
including dismissal.
8.3 All bargaining unit employees, regardless of union
affiliation, are subject to all City rules and regulations
pertaining to the conduct of City employees unless
specifically exempted by provisions of the Agreement.
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ARTICLE 9
DISCHARGE AND DISCIPLINE
9.1 The Employer shall not discharge, suspend or otherwise
discipline employees except for just.-cause ,and in no event
until the employee has been furnished with a written
statement of the charges and the reason or reasons for such
-~ action. Any dispute over suspension, discharge, or other
disciplinary action may be submitted to the grievance
procedure as set forth in Article 10. The Employer shall
consider, among other things, the seriousness and frequency
of offenses when determining the appropriate discipline,
which may include a warning, suspension or immediate
discharge. Employees are not entitled to a particular
number of warnings prior to the imposition of discipline,
including discharge.
9.2 The following acts shall be grounds for discipline, up to
and including discharge:
(a) Falsifying statements or records;
(b) Stealing;
(c) Drinking or possessing alcoholic beverages while on
duty;
(d) Possessing, using or selling a controlled substance,
including but not limited to, narcotics, marijuana, or
barbiturates, other than that prescribed by a physician
for the employee;
(e) Being under the influence of a controlled substance
other than that prescribed by a physician for the
employee, or being under the influence of an alcoholic
beverage;
(f) Recklessness or negligence while on duty;
(g) Violation of the no strike provisions of this
Agreement;
(h) Violation of a work rule or regulation;
(i) Failure to immediately report vehicle accidents
involving damage to any City property;
(j) Conduct that could bring discredit to the Employer;
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(k) Having committed and/or convicted for a felony, driving
while under the influence of alcohol, or narcotic
substances, crime involving moral turpitude, or a
misdemeanor involving perjury or a false statement, or
a misdemeanor evidencing bad moral character;
(1) Leaving the working area during working hours without
authorization;
(m) Sleeping during working time;
(n) Fighting, wrestling, horseplay, or any other act which
might interfere with. the safe or efficient operation of
the Employer;
(o) Unauthorized absence;
(p) Unauthorized tardiness;
(q) Repeated failure to achieve a satisfactory evaluation
of work performance;
(r) Refusal to cooperate during an investigation;
(s) Insubordination; or
(t) Conduct unbecoming a city employee.
The foregoing enumeration of grounds for discipline, up to
and including discharge, is by way of illustration and shall
not be deemed to exclude management's right to discharge or
otherwise discipline employees for any other just cause.
9.3 Disciplinary Actions
(a). All disciplinary actions shall normally be progressive.
Written warning notices shall normally be provided to
employees prior to the issuance of discipline. The
following are intended as examples of disciplinary
actions:
1. Reprimand given in writing.
2. Suspension without pay.
3. Dismissal.
9.4 Notwithstanding the provisions of 9.1, the Employer may
suspend or discharge an employee immediately for being
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under the influence of alcohol and/or drugs pursuant to
Article 28 of this Agreement; disorderly, andfor
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 (5) 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.
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 (1) year from the
date of the written warning.
(b) No written reprimand in an employee's personnel file
shall be used as a basis for further disciplinary
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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:
21. The employee is notified:
(a) that the information is to be filed within
their official personnel records, and
(b) Of their right to submit a grievance if they
disagree with the action, and
22. The employee is given a copy of the information,
and
23. The employee is given an opportunity to submit
information in rebuttal to derogatory
information, and
24. The employee .has been asked to acknowledge that
such a document is being placed into their
official personnel file.
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ARTICLE 10
GRIEVANCE PROCEDURE
10.1 In a mutual effort to provide harmonious working relations
between the parties to this Agreement, it is agreed to and
understood by both parties that there shall be a procedure
_ for the resolution of grievances between the parties arising
'~ from an alleged violation of specific terms of the Agreement
as provided in this Article.
10.2_ For the purpose of this Agreement, a grievance is defined as
a claim or complaint that an employee or group of employees
may have that the Employer has violated a specific provision
of this Agreement, provided such specific provision is
subject to the grievance and arbitration procedures of this
Agreement.
10.3 Grievances may be taken up during the working time of the
grievant upon mutual agreement between the Employer and the
Union.
10.4 All grievances proceeding to Step II must be reduced to
writing and must contain the following information:.
(a) The specific Article and Section of the Agreement
alleged to have been violated by the Employer;
(b) A full statement of the grievance, giving a complete
description of the facts and dates and times of the
events involved. in the alleged violation, and the
specific remedy desired by the grievant;
(c) Signature of grievant and date signed; and,
(d) Designation of the union steward or business agent if
the grievant requests union representation.
10.5 All grievances shall be processed in accordance with the
following procedure:
Step 1 - The grievant shall orally present his grievance to
his immediate supervisor within five (5) working days 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 five (5) working days within return to his job to
orally present his grievance. Discussions will be informal
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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 (5)
working days from the date the grievance was presented to
him.
Step 2 - If the grievance is not settled at the first step,
the grievant within five (5) working days of the immediate
supervisor's Step I response, shall present the grievance in
written -form (in compliance with Section 10.4) to the
appropriate Department Head with a copy to the City Manager.
The appropriate Department Head or his designee, 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 Agent if the grievant requests union
representation. The appropriate Department Head or his
designee shall notify the grievant of his decision no later
than ten (10) working days following the meeting date.
Step 3 - If the grievance is not settled at the second step,
the grievant within five (5) working days from the date 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 (5) 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 subsequent to the date the
grievance was received by the City Manager, or subsequent to
the meeting with the representatives and grievant.
Step 4 - 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
bf the City Manager no later than ten (10) working days
after the response is received in Step 3 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
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mutual written agreement. The term "work days" as used in
this Article includes Monday through Friday of each work
week regardless of the grievant's 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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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 or_
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
-22-
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.
11.6 Prior to initiating judicial review by any court for any
alleged violation of this Agreement, the grievance procedure
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of this Agreement must be completely exhausted.
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ARTICLE 12
HOLIDAYS
12.1
The following are recognized as holidays under the terms of
this Agreement.
New Year's Day January lst
Martin Luther King's Birthday 3rd Monday in January
President's Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Thanksgiving Day 4th Thursday in November
Friday after Thanksgiving Day
Christmas Day December 25th
Employee's Birthday
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 (l~)
of the employee's regular hourly rate of pay, or one and
one-half (1'~) hours of compensatory time hour-for-hour for
each hour worked during the declared holiday.
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.
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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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ARTICLE 13
PERSONAL LEAVE HOURS
13.1 {a) The "Personal Leave Hours" concept is an advancement
from the traditional vacation. and sick leave system.
Personalleave 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 izas
rr~rp-p~r~-o~d
a-rrd 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 must- may be taken in increments of
fifteen (15) minutes or more. i~v~
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
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followed.
(c) Employees may accumulate Personal Leave Hours up to a
maximum of nine-hundred sixty (960) hours. Thereafter,
employees must utilize their Personal Leave Hours or
.forfeit the ability to accumulate any additional hours.
(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:
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Tenure Maximum No. of
Hours Accumulated
each Bi-Weekly Pay -
Period (provided maxi-
rnum cap has not been
reached)
Beg.
~ 1st through 3rd yr. 4.93
B~g. 4th through 7th yr. 6.47
Beg. 8th through 11th yr. 8.0
Beg. 12th through 15th yr. 9.54
Beg. of 16th year and over 10.16
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ARTICLE 14
LEAVES OF ABSENCE WITHOUT PAY
14.1 Leaves of absence without pay may in the-sole discretion of
-the- City Manager be granted when annual leave has-been
exhausted.
I~.2 All leaves, with or without pay, should be requested by the
employee in writing and should be approved in writing before
becoming effective.
14.3 An employee's starting date will be adjusted for leaves of
absence without pay in accordance with state and federal
statutes and local ordinances.
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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.
1'x.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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ARTICLE 16
BEREAVEMENT LEAVE
16.1 Employees covered by this agreement may be granted, upon
.approval of `the appropriate.- Department- Head,
. ~!Ege-r 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 iri this Agreement shall be construed as a guarantee
br 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. Pdothing
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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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 (12) months.
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
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
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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 (l~) 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
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.
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Any employee designated by the Employer to be on. standby
duty shall receive thirty ($30.00) 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 (16) 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 (4} hours of work and the second
during the last four (4) hour period of work.
-36-
ARTICLE 18
INJURY IN THE LINE OF DUTY
18..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
-37-
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 violation 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 (250). 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
Y 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.
2Q.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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ARTICLE 23
UNIFORMS
23.1 The City will furnish to bargaining unit employees who are
required to wear such uniforms in .the performance of their
duties an initial issue of the following upon employment:
`- 1. Eleven (11} pants
2. Eleven (11) shirts
3. Hats
23.2 The City will replace or repair the above items as they
become torn, worn or unserviceable due to the performance of
the employee's official duty. Any claim for a repair or
replacement under this Section must be accompanied by a
written explanation addressed to the appropriate Department
Head, setting forth the circumstances necessitating the
replacement or repair, and the employee shall present the
item(s) to the appropriate Department Head or his designee
who shall have the sole determination as to whether the
items shall be replaced or repaired.
23.3 Any employee who damages, destroys, or loses any furnished
article of uniform due to carelessness, negligence or
personal use will replace the article at his own expense, or
such cost of replacement shall be deducted from the
employee's pay.
23.4 The employee shall wear the articles of the uniform listed
in Section 23.1 only for official City business.
23.5 Upon termination of employment for any reason, the employee
shall return to the City all articles of the uniform issued
by the City.
23.6 The City agrees to continue to provide for the cleaning of
the uniform articles as in the past.
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ARTICLE 24
MILEAGE ALLOWANCE
24.1 Employees directed by the appropriate Department Head or his
designee to use their private automobiles for City business,
shall be compensated .at the rate. established per. mile by the
I.R.S..
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ARTICLE 25
CAREER DEVELOPMENT
25.1 Upon presentation of an official transcript and proof of
degree to the City Manager, each employee in the bargaining
unit who receives an associates degree from a accredited
college, which degree is determined by the City Manager as
applicable to the employee's job responsibilities with the
City, shall receive a $50.00 per month career development
incentive.
25.2 Upon presentation of an official transcript and proof of
degree to the City Manager, each employee of the bargaining
unit who receives from an accredited college or university
a bachelor's degree, which degree curriculum is determined
by the City Manager to include a major study concentration
area readily identifiable and applicable to the employee's
job responsibilities with the City, shall receive a $100.00
per month career development incentive.
25.3 Employees receiving Career Development monies shall receive
monies as accorded them under either Section 25.1 or Section
25.2. They shall not receive at the. same time monies
afforded from both of these Sections.
25.4 Employees classified as Water/Wastewater Operator I, II,
III, or IV that obtain the required licenses for a higher
Water/Wastewater Operator classification, shall be promoted
to the higher Water/Wastewater Operator classification with
their pay adiusted per Article 26.3(c).
Additional Class A, B and C State licenses above those
licenses required by the position description recognized by
D.E.P., (Not Certifications), obtained by Water and/or
Wastewater Treatment Plant Operator's will be recognized by
the payment of an annual one-time lump sum payment of
$500.00. Payment of such bonus shall be paid annually on
the employee's anniversary date for each additional license
the employee obtains. The employee must stay for one (1)
year after obtaining license. If the employee leaves the
employment of the City, the cost borne by the City for the
course, travel and lodging must be reimbursed by the
employee.
25.5 Cost for other courses will be paid by the City after prior
approval of the appropriate Department Head.
25.6 All employees within the bargaining unit shall be covered by
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a written description of his job duties in the :form of
employee job specifications.
If the City of Atlantic Beach, or their designees,
_ determine that the employees' job specifications need to be
changed, added to, deleted, or amended, the Employer will
notify the Union of the intended changes no less than ten
(10) working days prior to the effective date of change.
~-_- Copies of the proposed changes will be forwarded to the
Union along with the above notification. After
finalization, a copy of the revised specifications shall be
forwarded to the Union as soon as is possible.
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ARTICLE 26
WAGES
26.1 (a) Effective-October 1, ~9~8- 1999, employees covered by this
Agreement shall have their pay .increased by four percent.
4% o These increases shall continue therefrom
in accordance with the terms and provisions of this
.. Agreement .
(b} , , All employees shall receive
a twenty-five ($25.00} dollar per month raise for each five
years served with the City up to and through the 20th year.
This amount shall be placed into the employees base pay
after the 3% is applied to the employees base on 10/1/98.
26.2 The Job Classification/Grade Chart is set forth in attached
Exhibit A.
26.3 Entrance Wage Determination/Demotion:
(a)
, -a~-t~o
ep~ r-t~m
Initial
appointment to any position shall normally be made at
the entrance rate of pay established for the position.
Upon recommendation from the Department Head, the City
Manaaer may approve the hire of a new employee at a
rate of pay above the starting rate of pay. However,
a new employee may only be hired at a rate above the
entrance rate of pay established for the position if:
1. The needs of the City make such hire action
necessary and all other employees within the same
classification have their base salaries increased
to be equal to that of the newly hired employee;
or;
2. The new employee has yob related training and/or
experience that clearly exceeds that of current
employees. Prior to City Manaaer approval of_
initial pay under this provision, the City will-
notify the union, in writing, of the proposed
action and allow the union three (3) workdays to
provide comments.
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(b) Except as provided in the second sentence of this
subsection, when an employee is demoted to a different
position classification, he shall receive the pay rate
in the lower pay range of the new.. position which is
.deemed appropriate by the Department Head. Provided
that, should the demotion be .the result ofnon-
disciplinary action (e.g., a reduction in force), the
demoted employee shall receive the rate in the lower
position classification pay range which provides the
smallest possible decrease in pay. Employees demoted
for non-disciplinary reasons shall if possible be
reassigned to other duties commensurate with his/her
qualifications for the position. The Employer will
make a reasonable effort to reassign the employee in
accord with the provisions of this section.
(c) When an employee is promoted to a classification with
a higher base rate of pay, the pay rate of that
employee shall be the lowest step in the higher rar_ge
that will provide an increase of at least a five
percent (5%) ire-asp over the rate received
immediately prior to promotion. Employees classified
as Water/Wastewater Operator I, II or III who obtain
the license required to advance to Water/Wastewater
Operator II, III or IV will be t~romoted to the higher
job series and have their pav advanced five (5%)
percent or to the entrance level pav of the higher yob
series, whichever is Greater.
26.4 Evaluation for satisfactory service shall be standard in
writing throughout the bargaining unit with each activity
using the same evaluation form and procedure as set forth in
attached Exhibit B. Employees who receive a unsatisfactory
evaluation shall be reevaluated at least quarterly, or
earlier if improvement is noted. If the employee feels the
evaluation procedure was not followed, he may invoke the
grievance procedure and submit the grievance at Step II.
26.5 Any employee covered by this Agreement who is temporarily
required by the appropriate Department Head or his designee
to perform the duties of a higher classification shall
receive pay at a rate of five (5) percent above the
employee's regular rate of pay, provided that:
(a) The duties and responsibilities of the higher
classification are assumed in full for a minimum of one
(1) eight-hour working day, and;
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(b) The working out of classification pay is approved by
the City Manager or his designee prior to appointment
of the employee to the higher position.
If the two (2} conditions set forth are not fully satisfied,
the employee will receive the rate of pay of his regularly
assigned classification for each hour worked in the higher
classification.
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ARTICLE 27
ALCOHOL AND DRUG TESTING
27.1 Both the City and Union recognize that drug and alcohol
abuse is a growing problem among our nation's work force.
The City and the Union also recognize the tremendous cost,
both in terms of efficiency and in human suffering caused by
,= needless workplace accidents. Acknowledging the necessity
for action, the following Alcohol and Drug Testing Program
is hereby initiated.
27.2 (a) All applicants may be subject to drug and alcoho l
testing.
(b) All bargaining unit employees may be subject to drug
and alcohol testing as part of an annual physical
examination.
(c) In the event the City has a reasonable suspicion to
believe that an employee is under the influence of
drugs or alcohol on duty, the City may require that the
employee submit to breathalyser tests, blood tests,
urinalysis, and/or other appropriate testing. Should
the employee test positive to a drug test, the City
will utilize a confirmatory process before instituting
action. The City's Medical Review Officer (MRO) must
review all confirmation tests, positive and negative.
Within five (5) working days after receipt of a
positive confirmed test result from the testing
laboratory, the City shall inform the employee in
writing of such positive test results, the consequences
of such results, and the options available to th.e
employee, including the right to file an administrative
or legal challenge. For purposes of this Article,
reasonable suspicion must be based on objective facts
and rational inferences.
The City shall provide to the employee, upon request,
a copy of the test results.
(d) Within five (5) working days after receiving notice of
a positive confirmed test result, the employee will be
allowed to submit information to the City explaining or
contesting the test results. If the employee`s
explanation or challenge of the positive test results
is unsatisfactory to the City, within fifteen (15) days
of receipt of the explanation or challenge, a written
explanation as to why the employee's explanation is
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unsatisfactory, along with the report of :positive
results, shall be provided by the City to the employee.
(e) In the event the City requests that an employee submit
to breath, blood, urine and/or other tests. and the
employee chooses not to submit to such test or tests,
the reasonable suspicion to believe the employee. was
under the influence shall be justification for
discipline, including discharge.
(f) If the employee submits to the tests and the results
indicate alcohol or drug use (other than as indicated
in Section A), the employee shall be discharged or
suspended without pay at the discretion of the City.
After thirty (30) days have passed, a suspended
employee desiring reinstatement shall, upon written
request be given the opportunity to submit to further
blood or urine drug/alcohol screening tests, at the
employee's expense. If such tests indicate the absence
of alcohol or a controlled substance, the employee may
be reinstated at the discretion of the City. In the
event forty (40) days have passed and the City has not
received the written request signed by the employee, to
take the alcohol or substance abuse test, or the
.employee has failed to take such tests at a time. and
location designated by the City, the employee shall be
discharged. An employee who is reinstated under this
Section shall be subject to random testing during a two
(2) year period following the initial test. Should
such employee test positive during this two year period
he shall be discharged.
(g) An employee may be granted a one time leave of absence
without pay not to exceed sixty (60) days to undergo
treatment for alcohol or substance abuse pursuant to an
approved treatment program. No employee benefits shall
accrue during this period. The request must be
voluntarily made in writing prior to the institution. of
disciplinary measures for alcohol or substance abuse.
(h) The City has the right to search lockers, handbags,
lunch boxes, other containers, or other personal
effects of employees at any time provided the City has
reasonable suspicion, to believe that an employee
possesses or is under the influence of drugs or
alcohol. If deemed necessary by the City, the
employees themselves may be asked to submit to a
search, provided that at no time will any employee be
searched by or in the presence of a member of the
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opposite sex. Further such search shall be in the
nature of a "pat-down," and shall take place in a
location so as not to unnecessarily embarrass the
employee. An employee's refusal to cooperate with or
submit to a search may be treated as serious
insubordination that warrants immediate discipline,
including discharge.
(i) All employees who must use a prescription drug that
causes adverse side effects (drowsiness or impaired
reflexes or reaction time) shall inform the City that
they are taking such medication on the advice of a
physician. It is the employee's responsibility to
inform the City of the possible side effects of the
drug on performance and expected duration of use.
(j) Except as stated in subsection E of this Article, the
cost of drug and alcohol screening tests shall be paid
by the City.
(k) The City retains the right to maintain discipline or
invoke disciplinary measures in the case of conduct
which may result from or be associated with alcohol or
substance abuse.
(1) Decisions of an arbitrator under this Article shall be
limited to a determination of whether or not the City
had reasonable suspicion, and whether or not the
employee was under the influence of alcohol or drugs,
and not the disciplinary measures imposed by the City.
27.3 When drug screening is required under the provisions of this
policy, the following standards shall be used to determine
what levels of detected substances shall be considered as
positive:
DRUG GROUP
SCREENING TEST
CONFIRMATORY TEST
(a) Amphetamines
(b) Cocaine
Metabolites
(c) Opiate
Metabolites
(d) Phencyclidine
(e) Marijuana
1000 ng/ml Amphetamine
300 ng/ml Metabolite
300 ng/ml Morphine
25 ng/ml PCP
500 ng/ml GC/MS
150 ng/ml GC/MS
300 ng/ml GC/MS
25 ng/ml GC/MS
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Metabolites 100 ng/ml Total ng 15 ng/ml :Delta
9 - THC
(f) Barbiturates 300 ng/ml 150 ng/ml
When alcohol screening. is required under the provisions of
-this policy, the standard which shall be used to determine
what level of alcohol shall be considered as positive shall
~~ be: .04 grams per deciliter.
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ARTICLE 28
SENIORITY
28.1 Seniority shall be defined as the length of continuous full-
time employment with the City of Atlantic Beach. .Seniority
shall be acquired by a full-time employee after satisfactory
completion of a six (6) month probationary period, at which
`~ time seniority shall be retroactive to the first day of
employment.
28.2 In the event of a lay-off or reduction in force, employees
shall be laid off in the inverse order of seniority within
job classes. Employees laid off shall have the right to
bump or replace an employee with less seniority in a lower
classification for which the employee is qualified, provided
said employee has previously held such a position within the
City and can perform the established functions of the
current job description.
28.3 Whenever an employee is demoted to a position for which he
is qualified, he shall receive the salary performance level
in that lower range which provides either no decrease or the
smallest decrease in pay, if the action is not for cause as
outlined in Article 9 of this Agreement.
28.4 In regard to overtime and vacation, seniority will be
defined as the length of continuous time in any specific
classification. If an employee is involuntarily transferred
from one department or division to another in the same
classification, he shall carry with him both the City and
job seniority that he has already acquired.
28.5 Seniority shall accumulate during periods of approved leave
of absence where the employee remains in a pay status.
Seniority is not broken when an employee is on an approved
leave of absence without pay, but seniority does not
accumulate during this period.
28.6 Seniority shall be broken when an employee:
(a) Resigns;
(b) Is discharged for just cause;
(c) Exceeds an authorized leave of absence.
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ARTICLE 29
JOB QUALIFICATIONS AND PROMOTIONS
29.1 .Whenever. a job opening occurs, other than a temporary
opening, in any existing-.job classification, or as the
result of the development or establishment of a new job
classification, a notice of such opening shall be posted at
~`__ least five (5) calendar days in advance on all appropriate
bulletin boards. A copy of the notices of job openings will
be given to the appropriate union steward at the time of
posting for posting on all other authorized bulletin boards.
29.2 For the purpose of this Agreement, a vacancy shall be
defined as an opening within a classification included in
the bargaining unit (Exhibit B) for which funds have been
appropriated.
29.3 Whenever a vacancy is posted, employees desiring to be
considered for such vacancy shall make written application
for the position on a City Employment Application no later
than 5:00 o'clock PM on the closing date set forth on the
posted announcement. The appropriate Department Head shall
interview all bargaining unit applicants prior to filling
the vacancy. Applicants within the bargaining unit shall be
interviewed prior to advertising outside the City.
29.4 The appropriate Department Head shall make all
determinations of the qualifications of the applicants
applying for open or promotional positions, provided such
determination is limited to those factors required within
the job specifications for the position being filled. Among
current employees determined to be qualified to perform the
work required, the employee having the most seniority with
the Employer shall be appointed to the position. Employee's
covered under this agreement who apply for any open or
promotional positions within the bargaining unit shall be
promoted over other applicants, provided all applicants are
equally qualified for the position.
29.5 Nothing in this Article shall be construed as precluding
employees within the bargaining unit from applying for other
vacant positions within the City of Atlantic Beach.
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ARTICLE 30
UNION TIME POOL
30.1 All members of the bargaining unit who are not on probation
as new employees may contribute two (2) or more hours per
year of personal leave hours to the union time `pool.
Provided that the maximum number of hours which may be
Y accumulated in the pool under this Article is 216 hours.
30.2 This leave will be computed and placed in a bank on the lst
of October each year.
30.3 The City Manager or his designee shall have the discretion
to Grant or deny use of pool time.
30.4 Union time pool hours not expended during the previous year
will be compounded onto the new bank of hours beginning
October 1 of each year, provided the maximum accumulation
set forth in Section 30.1 is not exceeded.
30.5 The City shall have the right to review this Article each
year and to eliminate union time pool if it becomes an
excessive administrative burden to the City.
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ARTICLE 31
SEVERABILITY
31.1 In the event any Article, Section or portion of this
Agreement should be held invalid and unenforceable by any
court of competent jurisdiction such decision shall apply to
the specific. Article, Section or portion thereof specified
F in the court's decision; and upon issuance of such decision,
the Employer and the Union agree to immediately negotiate a
substitute for the invalidated Article, Section or portion
thereof.
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ARTICLE 32
SAVINGS CLAUSE
32.1 The Employer retains all rights, powers, functions and
authority it had prior to the signing of this
Agreement except: as such- rights are ,specifically
relinquished or abridged in this Agreement.
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ARTICLE 33
ENTIRE AGREEMENT
33.1
The parties acknowledge. that during negotiations which
resulted in this Agreement,, each had the unlimited right and
opportunity to make demands and proposals with respect to
any subject or matter not removed by law-from the area of
collective bargaining and that the understandings and
agreements arrived at by the parties after the exercise of
that right and opportunity are set forth in this Agreement.
Therefore, the Employer and the Union for the duration of
this Agreement each voluntarily and unqualifiedly waives the
right, and each agrees that the other shall not be obligated
to bargaining collectively with respect to any subject or
matter not specifically referred to or covered in this
Agreement even though such subjects or matters may not have
been within the knowledge or contemplation of either or both
of the parties at the same time they negotiated or signed
this Agreement.
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ARTICLE 34
DURATION OF AGREEMENT
This Agreement shall commence and become effective on October 1,
~~ 1999, and shall continue in full force and effect until midnight
of the thirtieth day of September ~9-~~ 2000. If either party desires
to negotiate a successor agreement, it may do so by giving the other
-party written notice to that effect
-63-
SIGNATURE PAGE
IN WITNESS THEREOF, the parties have caused this Agreement to be
signed in their respective names by their respective representatives
and have executed this Agreement this 8th day of December, 1999.
FOR THE CITY: FOR THE UNION:.
Jim Hanson William A. Worsham
City Manager Business Manager, Local 630
George Foster Jack D. Baldwin
Negotiator, City of Atlantic Negotiator, Local 630
Beach
Desmond Green
Negotiator, Local 630
Troy Stephens
Negotiator, Local 630
ATTEST:
City Clerk
-64-
EXHIBIT A
CITY OF ATLANTIC BEACH
JOB CLASSIFICATION/PAYGR.ADE
GRADE STARTING (Hourly) JOB TITLE
. r-~
10 3 $--~-:-5-}- 7 .7 6
Park Attendant
General Maintenance Worker ~-
Meter Reader
Utilities Worker
104 $-8-2-"~ 8.44 Lead Maintenance Worker/Driver
Lead Utilities Worker
Utility Plant Operator - Traine
105 $--5:-6-~ 8.78 Dispatcher
Crew Chief
10 6 $---8~4- 9.12 Mechani c I
Heavy Equipment Operator
107 $ 9.57 Utilities Collection/Distribute
Operator
Cross Connection Administrator
108 ~ 10.63 Mechanic II
Water/Wastewater Operator I
Single "C"
10 9 ~~~ 11.14 ~ra-t-o-r
Water/Wastewater Operator II
Sinctle "B"_
Maintenance Foreman
Utilities Collection/Distributic
Supervisor
110 11.70 Water/Wastewater Operator III
Double "C" (Wastewater)
111 12.29 Water/Wastewater Operator IV
"B" (Wastewater) and "C" (WateY
-65-
EXHIBIT B
CITY OF ATLANTIC BEACH
PERFORMANCE EVALUATION PROCEDURE
These procedures have been developed to implement a performance evaluation system
-:to be used in evaluating .employee performance and in making employment decisions.
The system shall include mandatory annual performance evaluations of all
bargaining unit employees covered under this Agreement. A copy of the written
performance evaluation shall be provided to the employee who is being evaluated
and discussed with the employee. The employee may make any written comments
concerning the evaluation and the comments shall be made part of the employee's
employment record.
The purpose of these procedures is to provide a uniform system of performance
evaluation for covered employees.
I. OBJECTIVES
A. The primary objective of this employee performance evaluation system
is to provide for improved employee performance.
B. The system will also provide;
1. better communications between employees and supervisors;
2. better understanding of job duties and responsibilities;
3. identification of training needs, and;
4. supportive documentation for merit and disciplinary action.
II. PERFORMANCE EVALUATION FORMS
A. The original completed performance evaluation form is to be forwarded
to the personnel office for placement in the employee's official personnel
file. The department head, or his/her designee, is responsible for
providing the employee with a copy of the completed form and for retaining
a copy for the department file.
III. PERFORMANCE EVALUATION DATES
A. Mid-wav through the probationarv period. In most cases this will be
three (3) months from the time the employee is placed in probationary
status. The completed form is due in the personnel office no later than
fifteen (15) working days after the mid-probation date.
-66-
B. A_t the end of probation. This evaluation must be completed no earlier
than the beginning of the final month of the probationary period and no
later than ten working days prior to the last day of the probationary
period. In most cases, the probationary period is six (6) months. If the
probationary period is extended, the personnel office must be notified
immediately. The completed form is due in the personnel office no later
than five (5) working days after the end of probation date.
C. Annual. This shall be twelve (12) months from the date of last
-~ evaluation, to be defined as the performance evaluation date. The
completed form is due in the personnel office no later than five (5)
.working days after the annual evaluation date.
D. Below satisfactory evaluation. Within ninety (90) days after an
overall performance evaluation rating of below satisfactory is given.
IV. THE PERFORMANCE EVALUATION
A. Conducting and reviewing the performance evaluation.
1. The rater shall be the person to whom the employee normally
reports. The rater shall complete the employee performance form and
discuss it with the employee. In those cases where an employee may
be assigned work by various supervisors, one supervisor shall be
designated as the rater and shall make rating decisions after
consulting with others for whom the employee has performed work
during the evaluation period.
2. The department head shall be the reviewer. All ratings must be
.reviewed. Before the reviewer signs the form, any differences of
opinion should be discussed and resolved. The reviewer shall not
change the original rating; however, unresolved differences may be
noted by comments on the evaluation form by the reviewer.
3. Upon completion of the review by the department head, the city
manager shall have final approval of all evaluations.
B. The performance evaluation conference.
1. Review the employee's job specification prior to the conference.
2. Attempt to choose a location where you will not be interrupted
for the conference.
3. First, discuss the employee's strong points. Discussion of the
employee's strong and weak points should be a foundation for
development. At this point, a program of suggestions and improvements
should be outlined in Section E, Performance Improvement Plan, of the
Performance Evaluation Form.
4. Evaluations for an employee should always be based on observable,
objective facts.
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5. Review the performance improvement plan with the employees.
C. Completion of the employee performance evaluation form.
Section A. General information. Fill out all spaces as instructed.
Section B. Performance factors to .be evaluated.
1. Each job factor should describe a tangible, observable
action or series of actions. Upon assignment to a position an
employee is to be given a list of the job factors pertaining to
that position.
2. The rating scale to be applied to each job factor consists
of satisfactory, above satisfactory and below satisfactory. An
explanation of each value is found on the evaluation form.
3. Unable To Appraise should be indicated for duties not
regularly assigned to the position held by the employee being
evaluated or for duties which were not performed during the
current performance evaluation period.
Section C. Overall rating.
1. An overall rating of job performance is to be indicated in
the appropriate space, based on the collective ratings for the
job factors listed in Section B.
2. In determining the overall rating, give greater value to
the job factors which are more important in terms of total job
performance, as well as required job skills, tasks of the
employee and the impact on the work of other employees.
Section D. Explanation of above satisfactory and below
satisfactory.
1. All ratings of Above Satisfactory or Below Satisfactory
must be fully explained, with specific examples given.
2. The extent to which performance exceeds or fails to meet
job requirements should be clearly described.
Section E. Performance improvement plan.
1. This section is to be used for development of a plan for
improvement of employee performance or for career development
and may be applicable for employee whose overall performance
falls in any of the three rating categories.
2. The plan should include the objectives or goals toward
which the employee will be working, methods for achieving those
objectives, and the anticipated completion date for each
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objective.
Section F. Signatures.
The rater, reviewer, and employee being evaluated must sign the form
in the appropriate space.. The rater must advise the employee that it
is permissible for him/her to attach comments to the form. If he/she
wishes to do so, the-space below the employee signature which
indicates this must be checked and comments attached.
Overall rating of below satisfactory.
1. When an employee's overall rating is Below Satisfactory, another
evaluation of job performance is required within ninety (90) days
after the date of the performance evaluation conference.
2. Performance evaluations will continue to be made at ninety (90)
day intervals until:
a) performance has improved and the overall rating is at least
Satisfactory or;
b) you have reason to believe that the employee's overall
performance in the class to which assigned will not improve to
a level of at least satisfactory. At this point, appropriate
disciplinary action may be initiated up to and including
termination.
3. If the probationary period of an employee rated as below
satisfactory has been extended and the maximum length of time
permitted for a probationary period is reached, removal of the
employee from the class may be necessary.
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