HomeMy WebLinkAboutCity of Tamarac Resolution R-79-266Introduced by:
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 7 f- a 6 6
A RESOLUTION PROVIDING FOR ACCEPTANCE OF THE AGREE-
MENT OF THE FEDERATION OF PUBLIC EMPLOYEES (WHITE
COLLAR) AND AUTHORIZING THE PROPER CITY OFFICIALS
TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF
TAMARAC
WHEREAS, the City of Tamarac and the Federation of Public
Employees have collectively bargained in good faith and have reduced said
bargaining to an agreement, and the City Council of the City of Tamarac, Florida,
is desirous of approving the said agreement and providing for the proper
execution of said agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF TAMARAC, FLORIDA:
SECTION 1: That that certain agreement by and between the
City of Tamarac and the Federation of Public Employees for the period from
November 6, 1979, to September 30, 1981, is hereby approved. A copy of
said agreement is attached hereto and made a part hereof.
SECTION 2: The appropriate City officials (Mayor, City Clerk,
City Manager) are hereby authorized to execute said agreement on behalf of
the City of Tamarac.
SECTION 3: This Resolution shall become effective immediately
upon its final passage.
PASSED, ADOPTED AND APPROVED this
ATTEST:
I HEREBY CERTIFY that I have approved
the form and correctness of this
RESOLUTION
/fi .. , -" W. 1 ORod
� ,.
il
RECORD OF COUNCIL VOTE
MAYOR:
DISTRICT 1:
DISTRICT 2:
DISTRICT 3:
DISTRICT 4:
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AGREEMENT
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THE CITY OF TAMARAC
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FEDERATION OF PUBLIC EMPLOYEES,
A DIVISION OF DISTRICT NO. 1,
PACIFIC COAST DISTRICT
MARINE ENGINEERS' BENEFICIAL ASSOCIATION, AFL-CIO
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TABLE OF CONTENTS
_
Definitions . . . . . . . . . . . . .
. Page
i , i i
ARTICLE
I
Preamble . . . . . . . . . . . . . .
. Page
1
ARTICLE
II
Recognition . . . . . . . . . . . . .
. Page
2
-
ARTICLE
III
Representation of the Employee
Organization . . . . . . . . . . . .
. Page
3
ARTICLE
IV
Management's Rights. . . . . . . . .
. Page
4
ARTICLE
V
Prohibition of Strikes . . . . . . .
. Page
7
ARTICLE
VI
Non -Discrimination . . . . . . . . .
. Page
9
ARTICLE
VII
Dues Deductions. . . . . . . . . . .
. Page
10
ARTICLE
VIII
Authorization to Deduct. . . . . . .
. Page
11
ARTICLE
IX
Holidays . . . . . . . . . . . . . .
. Page
12
ARTICLE
X
Health Insurance . . . . . . . . . .
. Page
13
ARTICLE
XI
Workweek and Overtime. . . . . . . .
. Page
14
ARTICLE
XII
Work in Other Classifications. . . .
. Page
16
ARTICLE
XIII
Grievance Procedure and Arbitration.
. Page
17
ARTICLE
XIV
Bulletin Boards. . . . . . . . . . .
. Page
21
ARTICLE
XV
Bereavement Leave. . . . . . . . . .
. Page
23
ARTICLE
XVI
Sick Leave . . . . . . . . . . . .
. Page
24
ARTICLE
XVII
Vacation Leave . . . . . . . . . . .
. Page
26
ARTICLE
XVIII
Personal Leave . . . . . . . . . . .
. Page
28
ARTICLE
XIX
Total Agreement. . . . . . . . . . .
. Page
29
ARTICLE
XX
Duration of Agreement. . . . . . . .
. Page
30
ARTICLE
XXI
Administrative Leave . . . . . . . .
. Page
31
ARTICLE
XXII
Merit Increases. . . . . . . . . . .
. Page
32
ARTICLE
XXIII
Promotion, Transfers . . . . . . . .
. Page
34
ARTICLE
XXIV
Jury Duty and Appearance as a
Witness . . . . . . . . . . . . . . .
. Page
35
ARTICLE
XXV
Personal Vehicle Compensation. . . .
. Page
36
ARTICLE
XXVI
Safety and Safety Committee. . . . .
. Page
37
ARTICLE
XXVII
Military Leave . . . . . . . . . . .
. Page
38
ARTICLE
XXVIII
Voting Time. . . . . . . . . . . .
. Page
39
ARTICLE
XXIX
Blood Bank . . . . . . . . . . . . .
. Page
40
ARTICLE
XXX
Seniority . . . . . . . . . . . . . .
. Page
41
ARTICLE
XXXI
Wages . . . . . . . . . . . . . . . .
. Page
42
ARTICLE
XXXII
Savings Clause . . . . . . . . . . .
. Page
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DEFINITIONS
The following words shall have the meaning herein given them:
AGREEMENT: That document which delineates the items and
terms which were mutually agreed to as the result of
collective bargaining.
CLASSIFICATION: A position or group of positions having
similar duties and responsibilities, requiring similar
qualifications, which can be properly designated by one
title indicative of the nature of the work and which
carry the same salary range.
DEPARTMENT HEAD: Responsible for the day-to-day operation
of a division of the City workforce, whose responsibility
includes developing efficient work schedules, proper.
assignment of personnel for efficient operation, budgeting
expenses, developing the potential of employees in the
department, keeping the City Manager informed as to the
progress of the department. He (she) shall authorize
disciplinary action deemed necessary for the orderly and
efficient operation of the department subject to the
approval of the City Manager.
FEDERATION OF PUBLIC EMPLOYEES: A division of District
No. 1, PCD, MEGA, AFL-CIO, which has been granted the
right to represent exclusively the members of the bargain-
ing unit. Association is synonymous with "FPE" when
referred to herein.
FULL-TIME EMPLOYEE: An employee scheduled to work a
minimum of forty 40) hours per week.
PART-TIME EMPLOYEE: An employee holding a position on an
hourly basis, working less than forty (40) hours per week
and not entitled to City benefits.
PAY STATUS: An employee who is physically at work or is
on an authorized leave of absence with pay.
PERC: Public Employees Relations Commission, a regulatory
state agency created under CH. 447 (F.S.).
PERA: Public Employees Relations Act, CH. 447 (F.S.), as
amended 1977, governing collective bargaining with public
employees.
PERMANENT POSITION: Any position vacant or filled which
is designated as such by the City budget.
PERMANENT STATUS: An employee classified in a position
designated by the City budget and has satisfactorily
completed a probationary period.
PROBATIONARY EMPLOYEE (NEW HIRE): An employee who is
serving fiii-fher probationary period prior to being
regularly appointed to a permanent position.
PROBATIONARY EMPLOYEE (PROMOTIONI: An employee who is
serving his her probationary period prior to attaining
permanent status in a higher classification.
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DEFINITIONS
PROBATIONARY PERIOD (NEW HIRE): A period of time whereby
the employee's performance is carefully evaluated in
order to attain permanent status.
PROBATIONARY PERIOD (PROMOTION): A specified period of
time designated by the Manager whereby the employee's
performance is carefully evaluated in order to attain
permanent status in a higher classification.
PROMOTION: The assignment of an employee to a position
in a higher classification, having a higher maximum
salary, than the position from which assignment is made.
SENIORITY: Employment which is uninterrupted except for
authorized leave of absence, suspension or separation
due to layoff; however, time lost due to leave of absence,
suspension or lay-off shall not be included in the deter-
mination of length of continuous service. Authorized
paid leave of absence shall be included as a part of con-
tinuous service.
TEMPORARY OR TEMPORARY PART-TIME EMPLOYEES: Employees
who have a predetermined termination date. Temporary
employees shall not be covered by any of the provisions
of this Agreement.
THE PARTIES: 'City of Tamarac and FPE.
UNIT: That group of employees determined by the City of
Tamarac a-nd FPE and approved by the Florida Public
Employees Relations Commission to be appropriate for the
purpose of Collective Bargaining.
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ARTICLE I
PREAMBLE
This Agreement is entered into this day
of 1979, by and between the City of Tamarac,
Florida, a municipal corporation of the State of Florida here- '
i inafter referred to as the "City" and the Federation of Public
Employees, a division of District 1 Pacific Coast District
Marine Engineers Beneficial Association, AFL-CIO, hereinafter
referred to as the "Federation". It is the purpose of this
Agreement to promote harmonious relations between the City
and its employees and to establish an orderly and peaceful
procedure in the settlement of differences which might arise
and to provide for joint collective bargaining in the deter-
mination of wages, hours and other conditions of employment of
employees covered by this Agreement. It is recognized that -it
is the responsibility of the City government to provide services
affecting the health and welfare of the citizens of the City of
Tamarac and that this Agreement between the City and the
Federation will serve that end.
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ARTICLE II
RECOGNITION
The City, in accordance with a certification of the
Public Employees Relations Commission of the State of Florida
dated the filth day of May, 1979, Case No. RC-78-036, hereby
recognizes the Federation of Public Employees, a division of
District No. 1, Pacific Coast District, Marine Engineers'
Beneficial Association, AFL-CIO, as sole and exclusive bargaining
agent for the purpose of collective bargaining with respect to
wages, hours and conditions of employment for those employees
of the City working within the unit certified pursuant to the
aforementioned case number.
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ARTICLE III
REPRESENTATION OF THE EMPLOYEE ORGANIZATION
The membership of the Federation shall be represented
by its authorized business representatives. It shall be the
responsibility of the Federation to notify the City Manager in writ- '
ing of any change in the designation of its authorized business
representatives subsequent to the execution of this Agreement.
It is agreed and understood that for the purpose of
collective bargaining negotiations with the City, the Federation
shall be represented only by its authorized business representatives
and appointed delegates.
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ARTICLE IV
MANAGEMENT'S RIGHTS
The Federation recognizes the right of the City
to operate, manage, and direct all affairs of all departments
within the City, except as otherwise expressly provided else- '
where in this Agreement, including the exclusive right:
A. To Manage, direct, and totally supervise
without interference from the employees of
the City.
B. To hire, re -hire, promote, transfer, schedule,
train, assign and retain employees in positions
with the City and to establish procedures therefor.
C. To suspend, demote, discharge, lay off, or take
other disciplinary action against employees for
just cause in accordance with the City's rules, -
regulations and procedures and adopted contract•
D. To maintain the efficiency of the operations of
all departments in the City.
E. To determine the structure and organization of
City government including the right to supervise,
subcontract, expand, consolidate or merge any
department and to alter, combine, eliminate, or
reduce any division thereof.
In the event the City chooses to subcontract, and
this will necessitate termination of any employees,
the City will give at least 45 days notice to the
employee.
F. To determine the number of all employees who shall
be employed by the City, the job make-up, activities,
assignments, and the numbed of hours and shifts to
be worked per week including starting and quitting
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time of all employees -subject to one week
notice if hours are to be changed except in
cases of emergency.
G. .- To determine the number, types, and grades of
positions or employees assigned to an organi-
zational unit, department or project, and the
right to alter, combine, reduce, expand or cease
any position.
H. Any other function that has been carried on by
the employer prior to the date of this contract
and not mentioned in this Agreement.
I. To establish, change, or modify duties, tasks,
responsibilities, or requirements within job
descriptions providing the above mentioned items
be of a safe and healthful condition for the
employees in the sole discretion of the City.
It is understood by the parties that every incidental
duty connected with operations enumerated in job descriptions
is not always specifically described and employees, at the dis-
cretion of the City, may be required to perform duties not within
their job description, but within the realm of related duties.
The City shall formulate all departmental policies
and procedures including rules and regulations which will serve
as a guide for the conduct, responsibilities and duties of all
employees covered by this Agreement. The use, location, oper-
ation and personnel policies including care and maintenance of
any equipment or property of the City used by the employees
covered by this Agreement shall be subject to the exclusive
direction and control of the City.
Any right, privilege, or function of the City not
specifically released or modified by the City in this Agreement
shall remai„ exclusively with the City. Should the City fail
to exercise its rights in any of the al5ove functions from time
to time, this shall not be construed or deemed a waiver of the
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City's prerogative to exercise any or all rights or functions..
listed herein provided .that rules and regulations that have
not been enforced shall be posted or otherwise brought to the
attention of the employee and reasonable notice provided to the
employee that the terms will be enforced.
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- ARTICLE V
PROHIBITION OF STRIKES
The Federation and its members agree not to engage
in a strike, as defined in Florida State Statutes as presently
in force or hereinafter amended and the Constitution of the
State of Florida, work stoppages, boycotts, slowdowns, or other
actions which objectively interfere with the operation of any
Department and the City.
There will be no strikes, work stoppages, slowdowns,
boycotts, or any other job action, overt or covert, which
objectively interferes with the orderly operation of any
Department by any of the members covered under this Agreement.
Recognizing that Florida Law prohibits the. activities
enumerated above, the parties agree that any member who parti-
cipates in or promotes a strike, work stoppage, slowdown, -
boycott, failure`or refusal to perform work, or any other job
action, overt or covert, which objectively interferes with the
orderly operation of any of the Departments in the City may be
discharged or otherwise disciplined by the City.
It is recognized by the parties that activities en-
umerated above are contrary to the ideal of professionalism
and to the City's community responsibility and that any viola-
tion of this Article would give rise to irreparable damage to
the City and to the public at large. Accordingly, it is under-
stood and agreed that in the event of any violation of this
Article, the City shall be entitled to seek and obtain legal
and/or equitable relief in any court of competent jurisdiction.
For the purpose of this Article, it is agreed that
the Employee Organization shall be responsible and liable for
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any act committed by its officers and agents, which act
constitutes a violation of the provisions herein except that
the Federation shall not be responsible for any act alleged
to be a breach of this Article if neither the Federation nor
any of its officers or agents instigated, authorized, condoned,
sanctioned, or ratified such.action. '
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ARTICLE VI
NON-DISCRIMINATION
The City will not discriminate against any employees
covered by this Agreement because of membership in the
Federation.
The City and the Federation shall not discriminate
against any member of the bargaining unit on the basis of
race, religion, color, creed, sex, age or national origin.
For the sake of convenience, the use of the male
gender herein, is intended to apply to both male and female
employees.
The parties agree not to interfere with the right
of any employee to become a member of the Federation; withdraw
from membership from the Federation; or refrain from becoming
a member of the Federation.
There s'hall be no discrimination against any
employee covered by this Agreement by reason of race, creed,
color, national origin, sex, age, Federation membership or
activity, or lack of Federation membership or activity.
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ARTICLE VII
DUES DEDUCTIONS
Dues deductions shall be made per form attached
hereto. There shall be no charge made by the City for deduction
of Union dues. The exact dollar amount to be deducted for each
employee shall be provided by the Federation to the City. Any
change in the amount to be deducted shall be given to_ the City
four weeks in advance. Dues shall be transmitted to the
Federation within 30 days after monthly deduction.
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ARTICLE VIII
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AUTHORIZATION TO DEDUCT
TO THE CITY OF TAMARAC
I hereby assign to the Federation from any wages
earned or to be earned by me as your employee, my periodic
dues in such amounts as are now or hereafter established by
the Federation and become due to it as my membership dues in
said Federation. I authorize and direct you to deduct and
withhold such amounts from my salary and to remit the same
to said Federation. I hereby waive all rights and claims to
said monies deducted and transmitted in accordance with this
authorization, and release the City and all its officers
from any liability therefor.
This assignment, authorization and direction shall
be revocable at any time upon thirty (30) days written notifi-
cation to the City and the Federation.
WITNESS:
NAME Signature
Date:
NAME Printed
epartment
Copy furnished to:
Federation of Public Employees,
a division of District No. 1,
Pacific Coast District,
Marine Engineers' Beneficial Association, AFL-CIO
409 East Broward Boulevard, Suite 200
Fort Lauderdale: Florida 33301
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ARTICLE IX
HOLIDAYS
All members shall be entitled to nine (9) paid
holidays per year:
-New Year's Day '
-President's Day
-Memorial Day
-Independence Day
-Labor Day
-Veteran's Day
-Thanksgiving Day
-Thanksgiving'Friday
-Christmas Day
Should a holiday fall on a Saturday or Sunday, the
City will designate either the preceding Friday or following
Monday for observance.
To be eligible for paid holiday, a member must be in
pay status the day preceding and following the holiday. Pay
status shall be defined as physically being at work or on an
authorized leave: If a holiday occurs during a member's
vacation, there shall be no charge from vacation leave for
said holiday.
A member who is absent from work the day before or after
a holiday without prior approval due to an illness, must sub-
mit a physician's statement or a statement or authorization
from the department head to be compensated for said holiday.
If a normal workday falls on a holiday and a member is
required to work, the member shall have the option of:
-pay at double time for the day, or
-pay at straight time for the day and accrual of one (1)
day under Holiday Leave for future use.
Holiday Leave may be accumulated, but not to exceed five
(5) working days at any time during a member's tenure of employ-
ment.
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ARTICLE X
HEALTH INSURANCE
The City shall provide group health insurance coverage
after ninety (90) calendar days of employment for the member
at no cost to the member. ,
If the employee desires dependent coverag, it will
be subsidized by the City at the City's contribution rate in
effect at the time of the execution of this contract.
Employees on probation on the effective date of this
contract will be covered for group_ health insurance for
themselves and legal dependents, if they so elect.
The Federation will be notified when the City is
soliciting -proposals for group health insurance coverage so
that the Federation may submit a list of insurance represent-
atives and/or companies to be included on the City's bidders
list.
If the Federation has health insurance proposals for
consideration, they may submit them to the City for review at
any time during the term of this contract.
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ARTICLE XI
WORKWEEK AND OVERTIME
The standard work week shall consist of forty (40)
hours. The City Manager shall establish the standard work
week and hours of work best suited for occupational groups
and departments in order to meet the needs of s=rvice to
the community and the public. The standard work week may
vary with different departments.
The lunch period shall last for one (1) hour, scheduled
with approval of the City Manager. In providing one (1) hour
for lunch, it is understood that no formal breaks are to be
taken and that this period is not included in the standard
work week..
A member who is not at work during the approved hours
shall be considered unexcused unless such absence is approved
by the supervisor: Repeated lateness is significant to
operational effectiveness and is grounds for the supervisor
to take disciplinary action against a member.
Lateness, which is unexcused absence from work, in
excess of six (6) minutes, shall cause a member to be penalized
in quarter hour (15) minute units for each fraction of such
period absent.
Personnel in supervisory functions are not entitled to
overtime. There shall not be compensation for any hours spent
working outside the normal assigned working hours unless
approved in advance by the Department Head or by the City
Manager. The City will allow comp. time provided the comp.
time is taken by the end of the calendar year. If it is not
used
by
the end
of the year, the employee would be paid off
for
this
time.
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All compensatory time in an accumulated status on
the effective date of this Agreement shall be taken prior to
December 31, 1980. Any time not taken by this date will be
forfeited. Any employee wishing to receive pay in lieu of
the compensatory time accumulated prior to the effective
date of this Agreement shall request payment prior to December '
31, 1979.
Employees working in the classification of Dispatcher
and Receptionist shall be entitled to one fifteen (15) minute
break (rest period) during the first half of their assigned
work shift and an additional fifteen (15) minute paid break
(rest period) during the second half of their assigned work
shift.
If an employee covered by this Agreement is called out
to work at a time outside his/her normal working hours, he/she
shall receive a minimum of three (3) hours pay at regular time
at the basic rate of pay. Any hours worked in excess of forty
(40) hours will be paid as regular overtime.
Holidays and vacation time will be counted as hours
worked in calculating overtime in any work week.
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ARTICLE XII
WORK IN OTHER CLASSIFICATIONS
Each employee covered under this agreement shall
work only within his or her regular job classification.
However, in the event of temporary vacancies or absences in '
a higher job classification, the City may temporarily assign
an employee to a higher job classification subject to the
following provision:
An employee temporarily assigned to a higher paying job
classification for a period in excess of eighty (80) con-
secutive hours shall be compensated at the regular rate of
pay of that higher paying job classification for all hours
worked in that job classification in excess of eighty (80)
hours. The employee temporarily working in a higher classifi-
cation as herein indicated shall be paid at a step in that "
higher classification which would be at least four percent
(0) higher than the present rate of pay.
If the temporary acting position is for a substitution
of a member absent on authorized leave, it shall be understood
that said assignment may be in effect only until such time
that the absent member returns, or until the job is declared
to be vacant.
If a member is temporarily assigned to work in a
lower paying job classification, he (she) will not receive a
decrease in pay.
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ARTICLE XIII
GRIEVANCE PROCEDURE AND ARBITRATION
A grievance is any dispute or controversy arising
out of the application or interpretation of this Agreement.
FILING GRIEVANCES
The City desires to adj.ust grievances promptly and fairly
and in order to provide impartial consideration of a complaint,
the potential complainant may file an official grievance in
accordance with the following procedure if the complaint cannot
be settled by informal discussion between the parties involved.
A. An employee that has a supervisor other than a
department head ---- 1. The employee should first
make an informal presentation of the grievance to
the immediate supervisor within five (5) working days
after the incident occurs.
11 a. The supervisor must reply
in two (2) working days.
2. Failing a solution, the
aggrieved employee shall submit a grievance in writing,
to the department head within three (3) working days
of failure to reach a solution with the immediate
supervisor.
a. The department head will
schedule a hearing within three (3) working days.
b. At the hearing, the employee
may present witnesses in support.
C. The immediate supervisor
�r
mast attend and state the reasons for his earlier
decision.
d. The department head shall
give a written decision within four (4) working
days from the date of the hearing.
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3. If the decision of the
department head does not resolve the grievance, the
employee may submit a grievance, in writing, to the
City Manager within three (3) working days of the
decision of the department head.
a. The City Manager will have
a hearing within seven (7) working
days of receipt of a ---quest for a
hearing. At this hearing, the employee
may present witnesses in support of his
position.
b. The City Manager will give
a written decision within four (4)
working days of the date of the hearing.
4. Failure on the part of the
employee to take any appeal or demand arbitration
within the time frame provided herein shall be deemed
a waiver of his claim.
5. If the grievant requests, a
Union employee representative may accompany the
grievant to all steps of the Grievance Procedure,
formal or informal, at no loss in pay to the repre-
sentative.
B. An employee whose supervisor is the department head
1. The employee should first make
an informal presentation of the grievance to the
department head.
a. The department head must
reply in two (2) working days.
2. Failing a solution, the ag-
grieved employee shall then have three (3) days to
submit a grievance, in writings to the department head
who shall render a written decision within four (4)
working days.
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3. If this does not resolve the
grievance, the employee should submit a grievance, in -
writing, within three (3) working days of the decision
of the department head to the City Manager.
a. The City Manager will have
a hearing within seven (7) working days
of receipt of a request for a hearing.
b. At this herring, the em-
ployee may present witnesses in support
Of his position. The City Manager will
then give a written decision in four (4)
working days of the date of the hearing.
4. Failure on the part of the em-
ployee to take any appeal or demand an arbitration
within the time frame provided herein shall be deemed
a waiver of his claim.
5. If the grievant requests, a
Union employee representative may accompany the
grievant to all steps of the grievance procedure,
formal or informal at no loss in pay to the repre-
sentative.
C. In the event the aggrieved employee and the Federation
are not satisfied with the decision of A or B, above,
the Federation may demand arbitration, and this demand,
in writing, shall be presented to the City Manager
within ten (10) working days from the receipt of the
decision of Step A or B, above.
The arbitrator shall be appointed by mutual consider-
ation of the parties. -In the event the parties are
unable to agree upon a neutral within five (5) working
d&�; after the arbitration is invoked, the parties
shall jointly petition the American Arbitration Asso-
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ciation or the Federal Mediation Conciliation Service
and request a list of five (5) qualified arbitrators
and from said list the parties shall select a single
arbitrator to preside as a neutral at the hearing
involving the aggrieved employee's grievance.
The decision of said arbitrator shall be final and
bindingupon both '
P parties. The arbitrator shall
not be empowered to alter, amend, �-d to, or eliminate
any provisions of this Collective Bargaining Agree- .
ment. Expenses incident to the services of the arbi-
trator shall be borne equally by both parties.
D. In the event that an employee has been disciplined
to the extent that he or she has been suspended or
discharged and is re -instated by an arbitrator's
decision, the employee shall be re -instated with all
back pay and with.no loss or impairment of any rights
under this Agreement or other rules and regulations
of the City, unless directed otherwise by the arbi-
trator.
E. In the event that any employee has been suspended
and that suspension is upheld, that employee, upon
the expiration of that suspension, shall be fully re-
instated to his or her former position with no loss
or impairment of any of his or her rights under this
Collective Bargaining Agreement or other rules and
regulations of the City.
F. Nothing in this article shall require the Federation
to process grievances for employees who are not
members of the Federation, in conformity with „
Florida law.
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ARTICLE XIV
BULLETIN BOARDS
The City will.provide two (2) bulletin boards for
the exclusive use of the Federation and solely for posting of
official union materials. ,
The Federation agrees that the mar:-ial posted shall
not reflect adversely on the City. All notices must be signed
by an officer of the Union and approved by the City Manager
prior to posting.
All notices or bulletins of the Federation that are
to be posted must be submitted to the City Manager for the
City, or his duly authorized representative, for approval
prior to posting with a copy for the City. There shall be no
other general distribution or posting by employees of pamphlets,
advertising or political matter, notices, or any kind of
literature upon City property other than as herein provided.
The bulletin boards, authorized by the City for use
by the Federation, may be used by the Federation, under the
terms of this Article, only for the purpose of posting the
following notices and announcements:
(a) Notices of Federation meetings and minutes of
meetings;
(b) Notices of Federation elections;
(c) Notices of Federation appointments to office;
(d) Notices of Federation recreational, social
affairs and benefits.
Approval of the above -enumerated notices shall be IT
granted by tE: 'ity Manager, or his duly authorized represent-
ative, unle„ :he material violates the provisions of this
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Agreement or is harmful to employee labor relations.
Any intentional violation of this provision by the
Federation will result in the privilege of such use of the
bulletin boards being withdrawn.
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ARTICLE XV
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BEREAVEMENT LEAVE
To express the City's concern for a member during time
of bereavement, three (3) days of emergency funeral leave with
pay shall be granted for in -State funerals in the event of a
death in the immediate family. An additional two (2) days will
be granted for out -of -State funerals. The compensation for these
two (2) additional days will be paid from any accrued leave time
available.
Immediate family shall be defined as spouse, children,
mother, father, sister, brother, grandmother, grandfather, grand-
children, step-parents, and in-laws, or upon proof, any person
in the general family whose ties would be normally considered
immediate family and living within the same household.
In authorizing emergency funeral leave, the supervisor
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shall obtain the following information from the member and have
it entered for payroll purposes:
-relationship of the deceased to the member
-dates of absence requested
In order for an employee to be eligible for emergency
funeral leave, he(she) must contact his(her) Department Head
during the first day of bereavement to notify the City that he(she)
will not be at work.
Any additional bereavement leave over the three (3)
days may be granted in justifiable circumstances with the
approval of the City Manager. The compensation for these addi-
tional days will be paid from any accrued leave time available.
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ARTICLE XVI
SICK LEAVE
Sick leave with pay shall be granted to members at the
rate of one (1) working,day or eight (8) working hours for each
completed month of service commencing from the first day of em-
ployment. It shall be accrued from year to year. No sick leave
may be taken until the employee has been employed for thirty
(30) calendar days. Employees on leave without pay are not
entitled to accrue sick leave hours while on leave without pay.
The minimum period of absence to be charged,to sick
leave shall be one (1) hour.
Sick leave shall not be considered a right which a
member may use at his (her) own discretion, but rather a privi-
lege which shall be allowed only for the following reasons:
(a) Absence due to personal illness or injury
(b) Personal medical and dental appointments
(c) Absence due to contagious illness in the
member's immediate family (father, mother,
sister, brother, children and spouse)
(d) Absence due to attendance upon members of the
family within the household of the employee
whose illness requires the care of such employees.
A member on probation earns sick leave immediately and
is -able to use the sick leave during the six (6) month proba-
tionary period.
Whenever possible, a member shall give the supervisor
advance notice of sick leave. If this is not possible, a member
shall be expected to contact the supervisor within one (1) hour
after starting time, unless extenuating circumstances prevent
a
such communication.
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A member who is absent from work due to an illness in
excess of five (5) days shall be required to submit a physician's
statement of physical condition, however, when deemed necessary,
the Department Head may require proof of any illness.
Abuse of sick leave is grounds for disciplinary action.
Excessive use of sick leave shall be closely monitored.
A member out of work die to an on-the-job injury will
be paid for the first five (5) working days by use of sick
leave exclusively.
If the lost time is compensated by Worker's Compen-
sation, sick leave may be restored on a dollar for dollar ex-
change upon the employee reimbursing the City the value of the
sick time that has been paid.
A member may receive compensation for accrued sick leave
in excess of thirty (30) days anytime during his (her) employment
with the City at the following rate:
ACCUMULATED DAYS % OF BUY BACK
31-60 days 25%
61-99 days 50%
100 days'and over 100%
At the time of separation from the City, if eligible, a
member who has accumulated thirty (30) or more days of sick leave
shall be paid at the following rate:
ACCUMULATED DAYS % OF BUY BACK
25%
50%
100%
The first 60 days
61-99 days
100 days and over
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ARTICLE XVII
VACATION LEAVE
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All members shall be entitled to vacation leave
after satisfactorily completing a six (6) month probationary
period.
At the beginning of each fiscal year, the department
head shall submit a tentative vacation schedule of the
department, based on seniority, for the fiscal year to the
City Manager for approval.
Vacation leave shall be earned at the following rate:
SERVICE VACATION
0 THROUGH 5 YEARS 12 PAID DAYS PER YEAR
AFTER COMPLETION OF 5 YEARS
THROUGH 10 YEARS 15 PAID DAYS PER YEAR
AFTER COMPLETION OF 10 YEARS 18 PAID DAYS PER YEAR
Employees on leave without pay status are not entitled to
accumulate vacation leave while on leave without pay status.
A member eligible for twelve (12) days annual vacation
shall take a minimum of five (5) consecutive working days per
year. A member eligible for fifteen (15) days annual vacation
shall take a minimum of either eight (8) consecutive working
days per year or two periods of five (5) consecutive working
days each year. Vacation leave may be accumulated, but not to
exceed thirty (30) days at any time during a member's tenure of
employment.
Upon termination of employment for any reason, a
member shall be paid for accumulated vacation leave in a lump
sum, if he (she) has satisfactorily completed a six (6) month
probationary period.
Vacations for each fiscal year shall be drawn by
employees on the basis of seniority. For the purposes of this
Article, seniority shall consist of continuous accumulated
paid service with the City and shall be computed from date of
appointment.
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During the month of October of each year, the City
shall post a vacation leave bid -schedule which will be in effect
for the following year. Employees will be granted an opportunity
to select scheduled vacation leave on the basis of seniority.
All vacations shall be granted with the approval of the depart-
ment head.
Unscheduled vacation leave may be taken in increments
of one (1) day at a time by giving the employee's Department
Head or the City Manager reasonable notice and obtaining the
approval of the Department Head and the City Manager.
Vacation leave earned shall be computed on the
following basis:
0-5 years - eight (8) hours per month of service.
After completion of 5-10 years - ten (10) hours per
month of service.
After completion of 10 years - twelve (12) hours per
month of service.
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ARTICLE XVIII
PERSONAL LEAVE
Personal leave shall be granted to members of the bargain-
ing unit at the rate of three (3) working days (24 hours) per
year, after satisfactorily completing a probationary period, at
the discretion of the Department Head and final approval of the
City Manager.
When an employee becomes eligible for all City benefits,
he (she) shall be granted three (3) personal days (24 hours)
which may be utilized during the following twelve (12) months.
Every year on this date, the employee shall forfeit any of the
three (3) days (24 hours) not used and be granted three (3) new
days (24 hours) for the coming year. If the employee terminates
service, for any reason, any personal days taken during the year
which were not earned at the rate of one (1) day or eight (8)
hours every four (4) months, shall be reimbursed to the City.
Personal leave is not accumulated from year to year and
is forfeited at termination.
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ARTICLE XIX
TOTAL AGREEMENT
The parties agree that this collective bargaining
Agreement represents the total agreement for terms and con-
ditions of employment, between the parties, for the life of
the Agreement. No changes shall be made except in writing
executed by both parties.
This Agreement supersedes any prior Agreements or
practices in effect at date of execution.
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ARTICLE XX
DURATION OF AGREEMENT
This Agreement shall be effective as of the date of
approval by the Tamarac City Council and shall remain in full '
force and effect until September 30, 1981, unless modified or
changed by mutual consent. Any party desiring to negotiate
an extension of this Agreement shall notify the other in writing
of their intention within a reasonable time prior to the ex-
piration of this Agreement. The following procedures shall
constitute the correct method for negotiations: Either party
may submit written notice as to the need for collective bar-
gaining upon the other within a reasonable time.prior to the
expiration of this Agreement. It shall include a list of pro-
posals which shall inform the other party of the items they -
desire to meet within ten (10) days after the receipt of
written notice of a request for a meeting for collective bar-
gaining purposes.
Any Federal, State or Local Legislation which has im-
pact upon this Agreement shall be reviewed by both parties
with advice of legal counsel so as to properly adjust to com-
ply with the law when appropriate.
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ARTICLE XXI
ADMINISTRATIVE LEAVE
. Administrative, leave may be granted to an employee
at the discretion of the supervisor and approved by the City
Manager for the following reasons:
-courses, exams and job related educational activities
-time off with pay for non -required employees during
extreme weather or other emergency situations, where
such excused time is authorized by the City Manager
-reasonable time off with pay for the good of the City
service; i.e., to vote; to attend the funeral of a
fellow employee
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ARTICLE 'XXII
MERIT INCREASES
A salary increase shall be based on merit. A merit
increase in salary rewards an employee who is continually doing
above satisfactory performance.
An employee who begins at the minimum of the pay grade
shall become eligible for a pay increase after satisfactorily
completing a probationary period. The Department Head grants
a pay increase on merit and not on the passage of time.
An employee becomes eligible for consideration of
merit increases on the anniversary of the first increase granted.
All merit increases stop when an employee reaches the top of the
pay grade. Each member of the bargaining unit who has fifteen
(15) years of service or more with the City and who is at the
top of his/her pay grade shall receive on his/her annual anni-
versary date a pay increase of two percent (2%).
Increases granted shall be effective at the inception
date of the following pay period.
Employees of this unit will be informed of their evalu-
ation through a conference with the employee's supervisor. The
employee will be given a copy of the evaluation to sign, and a
copy to keep. This signature will acknowledge that the employee
has seen the evaluation, and does not necessarily acknowledge
agreement with the evaluation. The employee may attach a reply
to the evaluation.
Employees shall be given a copy of any reprimands and
evaluations which are placed in their file. The employee may
submit a rebuttal statement as part of the reprimand or evalu-
ation and such statement shall remain in the employee's personnel
file as long as the evaluation or reprimand is retained on file.
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The City represents that it will strive for consis-
tency in merit evaluations.
The City agrees that it will review merit procedures
during the year subsequent to the effective date of this
Agreement and that it will permit the Federation to submit
input in this area.
The parties agree that the Federation may re -open
this Article for further negotiations no earlier than
October 1, 1980.
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ARTICLE XXIII
PROMOTION, TRANSFERS
A promotion is the assignment of an employee to a
position in a higher classification, having a higher maximum
salary, than the position from which assignment is made.
A employee shall be placed on a six (6) month pro-
bationary period at the time of promotion. The supervisor
shall review the employee after the six (6) months and make
his (her) recommendations to the City Manager for consideration
of a pay increase. If an increase is granted, this shall
become the employee's anniversary date and he (she) shall be
reviewed annually on this date.
A transfer is the switching of an employee to a job
on an equal level in the same or another department.
An employee may submit a written request for considera-
tion, for a transfer to another department or to another -
division or section within the department, if a position is
vacant. A transfer must be approved by the affected depart-
ment heads, the City Manager, and insofar as practicable, the
employee concerned. An employee transferring to another
department may be required to serve a new probationary period
in the position equal to the normal probationary period for
that position.
If performance after the transfer is not satisfactory,
the employee may be returned to the original department or
position (or anywhere an opening exists) for which the employee
is qualified. If there is no position available, then the em-
ployee shall be placed in a layoff status and the provisions of
the Seniority Section of this Agreement pertaining to recall
shall apply.
All accrued benefits shall be kransferred with the
employee. The probationary period does not affect the employee's
entitlement to City benefits granted after satisfactorily com-
pleting the initial probationary period.
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ARTICLE XXIV��
• JURY DUTY AND APPEARANCE AS A WITNESS
In an attempt to help an employee perform certain
civic responsibilities when called upon, the City shall provide
leave for jury duty or appearance as a witness,
After an employee has been subpoenaed by a private
party to a litigation and testifies while being excused from
duty with pay, he (she) shall accept the witness fee, but
shall be required to turn over the fee to the City. If the
employee is required to appear as a witness as a result of
litigation involving the City of Tamarac and the use of a
personal vehicle is required, then the employee shall be
reimbursed in accordance with the "Personal Vehicle Compen-
sation" Article of this contract. The witness fee check
should be properly endorsed, attached to the completed
Request for Leavo of Absence form and forwarded, along with
the attached check, to the Personnel Office. An employee who
does not turn in witness fees as required, shall be charged
for the period of absence from work. Jury fees shall also
be returned to the City.
An employee who is bringing suit upon another party
or who is being sued shall not be eligible for this leave.
An employee who is excused from jury duty prior to
11:00 a.m. shall be required to report to work no later than
1:�OO P.M.
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• ARTICLE XXV
PERSONAL VEHICLE COMPENSATION
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The City, subject to its authorization, agrees to
compensate employees in the bargaining unit who use their own
motor vehicles while traveling on City business, at the rate '
established by the City Council for all employees.
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ARTICLE XXVI
SAFETY AND SAFETY COMMITTEE
The City and the Federation recognize the importance
of an adequate safety program. Accordingly, there shall be a
safety committee formed with representatives from the '
Federation, and employees appointed by the City Manager.
The Committee shall meet once a month on working days,
during working hours, with the employee representative serving
without loss of compensation.
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ARTICLE XXVII
MILITARY LEAVE
The City agrees to allow military leave for employees
in the bargaining unit pursuant to state law.
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ARTICLE XXVIII
VOTING TIME
Employees covered under this agreement shall be given
reasonable time off not,to exceed one hour with pay in order to
vote in all national, state and local and municipal elections
in which he or she is eligible to vote. This time shall not
be deducted from the employee's vacation leave or sick leave.
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ARTICLE XXIX
BLOOD BANK
All employees covered under this agreement shall be
given reasonable compensated time not to exceed two hours off
to make donations to blood banks located within the City of
Tamarac. The aforementioned blood banks may be sponsored by
the City or the Federation.
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ARTICLE XXX
SENIORITY
Seniority shall be defined as the total amount of
uninterrupted continuous service with the City. Seniority
shall commence from the employee's first date of service.
In the event that it is necessary to reduce the work
force, all layoffs shall be according to seniority by classi-
fication within a department. All laid -off employees shall
have the first rights of recall. Those members of the bargain-
ing unit who are laid off shall retain their right to be
recalled for up to and including three months.
Employee being recalled shall be notified by certi-
fied mail (return receipt), together with a carbon copy to the
Federation,.and shall have five (5) working days from the date
of receipt of notice to respond affirmatively. The City re-
serves the right to temporarily assign employees to the vacancy
until the recalled employee reports to work.
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If the City fails to receive an affirmative response,
the employee shall be removed from the recall list and the
Board shall have no further obligation to the employee.
If the recall notice is returned and not receipted,
the employee will be dropped from the recall list and the
Board shall have no further obligation to the employee.
In the event of layoffs or abolition of a position,
the City shall endeavor to find another position in the City
for the employee.
All employees shall receive at least two (2) weeks
notice of layoffs; or, in lieu of notice, two (2) weeks com-
pensated tire at his or her regular rate of pay. The Federation
shall be furnished copies of all layoffs at the same time as
the laid -off employee receives notice.
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ARTICLE XXXI
WAGES
Upon execution of this contract, the City will increase,
with exception of any C.E.T.A. covered employees, the wages for
each permanent position classification; for permanent employees
covered in the bargaining unit in accordance with the following
schedule:
INCREASE EFFECTIVE DATE
10% JUNE 1, 1979
7% OCTOBER 1, 1979
7% OCTOBER 1, 1980
Employees who are classified in permanent positions
who are in a probationary status as of the date of contract
will receive retroactive pay increase on June 1, 1979 or date
of hire, whichever is later.
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ARTICLE XXXII
SAVINGS CLAUSE
In the event that any court of competent jurisdiction
declares any word, section, paragraph, or Article of this
Agreement illegal or invalid, that action shall not affect the
remainder of the Agreement which shall continue in full force
and effect. Members of the Bargaining Unit shall continue to
enjoy those benefits established in writing and enjoyed at the
time of the execution of this Agreement that are not covered by
this Agreement, subject to modification by the City Council
after two (2) weeks notice has been provided to the Federation.
IN WITNESS WHEREOF, the parties hereto have hereunto
set their -hands on the respective dates shown under the
signatures.
APPROVED AS TO LEGAL
SUFFICIENCY
Arthur M. Birken,
City Attorney
ATTEST:
CITY CLER
CITY OF TAMARAC
BY ' '
Walter F ck, Mayor
This y o f ,G�ay 19 7 9
BY
Edward A. Gross, it 'M1979er
This day of
FEDERATION OF PUBLIC EMPLOYEES,
A DIVISION OF DISTRICT NO. -I,
PACIFIC COAST DISTRICT
MARINE ENGINEERS' BENEFICIAL ASSOCI-
AT I O N ,,After 10
/ Gi__ 11
TIT vi Director '.
T h i s
BYa'---`�`„'
TITLE Directo f Resear;h1979evelo
This •7 — day of
BY
TITLE Regl Rep resent at197
iona9
This Z-t_day of-?2jt: -/
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