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HomeMy WebLinkAboutCity of Tamarac Resolution R-88-0381 2 3 4 1 [:l 4 10 11 12 13 14 15 16 17 20 21 22 23 24 25 26 27 28 29 30 32 33 34 35 Temp. Reso. #99B2 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-88- ` A RESOLUTION APPROVING AN AGREEMENT WITH THE FEDERATION OF PUBLIC EMPLOYEES (WHITE COLLAR AND BLUE COLLAR); AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY; AND PROVIDING AN EFFECTIVE DATE - 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 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 • That that certain agreement by and between the City of Tamarac and the Federation of Public Employees (White Collar and Blue Collar) for the period from October 1, 1987, through September 30, 1990, is hereby approved, a copy of said agreement being attached hereto and made a part hereof. SFCTION 2- That the appropriate City officials are hereby authorized to execute said agreement on behalf of the City of Tamarac. This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this %' day of �`'``''"'. , 1988. ATTEST: ------------- CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. RICHARD DOODY CITY ATTORNEY L BERNARD HART MAYOR - C/ f," ROHR � �. 3: C/rd HOFFMAN :, c,r. 4g V/1M SrEiN E E CONTRACT BETWEEN THE CITY OF TAMARAC AND THE FEDERATION OF PUBLIC EMPLOYEES-FPE OCTOBER 1. 1987 THROUGH SEPTEMBER 30, 1990 A ARTICLE NUMBER TABLE OF CONTENTS DESCRIPTION PAGE NUMBER 1 Preamble.....................................1 2 Recognition.................................2 3 Equal Opportunity .......................... 2 4 Definitions.................................3-4 5 Management's Rights .........................6-6 6 Federation Representation ...................7 7 Dues Deduction and Check-off................8 8 Probationary................................9 9 Substance Abuse.............................10,11,12,13 10 Grievance and Arbitration Procedure ......... 14,15,16 11 Wages.......................................17 12 Annual Leave................................18,19 13 Health Insurance ............................20 14 Benefit Options .............................21 15 Maternity Leave .............................22 16 Bereavement Leave ...........................23 17 Workers' Compensation .......................24 18 Holidays....................................25 19 Work Week, Over -time and Call-back .......... 26,27 20 Seniority...................................28 21 Promotions..................................29,30 22 Transfers...................................31 23 Work In Other Classifications ...............32 24 Lay-Offs....................................33,34 25 Safety ............... 6......................35 26 Jury Duty and Appearance as a Witness ....... 36 27 Bulletin Boards .............................37 28 Prohibition of Strikes......................38 29 Savings Clause..............................38 30 Miscellaneous...............................39 31 7erm of .;y ww"en4 ...........................40 L� 0 Page i ARTICLE 1 PREAMBLE This Agreement Is entered Into this day of 1988, by and between the City of Tamarac. Florida. a municipal corporation of the State of Florida hereinafter referred to Pis the "Clty" 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 determination of wages, hours and other conditions of employment of employees covered by this Agreement. It Is recognized 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 this Agreement atween the City and the Federation will serve that end. 11 N Page 1 .\ ARTICLE 2 RECOGNITION 2.1 The City agrees to hereby recognize the Federation of Public Employees, a division of District No. 1, Pacific Coast Dis trict, Marine Engineers' Beneficial Association, AFL-C10 as the 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 Case *RC-78-036 (White Collar) and Case *8H-RC-773--0026 (Blue Collar) as certified by the Public Employees' Relations Commission of the State of Florida. ARTICLE 3 EQUAL OPPORTUNITY 3.1 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, national origin, handicap, Federation membership or activity, or lack of Federation membership or activity. 3.2 For the sake of convenience, the use of the male gender herein, is Intended to apply to both male and female employees. M 0. Page 2 ARTICLE 4 DEFINITIONS e 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 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 bargaining unit. Association Is synonymous with "FPE" when referred to herein. FULL-TIME EMPLOYEE: An employee holding a permanent budgeted position scheduled to work a minimum of forty (40) hours per week. PART-TIME EMPLOYEE: An employee holding a permanent budgeted position scheduled to work a minimum of twenty (20) hours per week. 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 sub- sequently amended 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 who has satisfactorily completed a probationary period. PROBATIONARY EMPLOYEE (NEW HI_RE2: An employee who Is serving his probationary period prior to being regularly appointed to a permanent-nsition. Page 3 ARTICLE 4 DEFINITIONS PAGE 2 OF 2 PROBATIONARY EMPLOYEE PROMOTION): An employee who Is serving his probationary period prior to attaining permanent status In a higher classification. PROBATIONARY PERIOD JNEW 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 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• Continuous length of service with the City of Tamarac 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 and and approved by the Florida Public Employees Relations Commission to be appropriate for the purpose of Collective Bargaining. M WORK WEEK: The standard work week shall consist of 40 hours. 0 Pa ge 4 ARTICLE 5 MANAGEMENT'S RIGHTS 5.1 The Federation recognizes the right of the City to oper- ate, manage and direct affairs of all departments within the City, except as otherwise expressly provided elsewhere In this Agreement, Including the exclusive right: 5.2 To manage, direct and totally supervise without Interfer- ence from the employees of the City. 5.3 To hire, re -hire, promote, transfer, schedule, train, assign and retain employees In positions with the City and to establish procedures therefore. 5.4 To suspend, demote, discharge, lay off or take other disciplinary action against employees for Just cause In accordance with the Clty's rules, regulations and procedures. • 5.5 To maintain the efficiency of the operations of all departments In the City. 5.6 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, the City will make every effort to place the affected employees within the Clty's employ. If this action necessitates lay-off of any employee, the City will give at least sixty (60) days notice to the employee. 5.7 To determine the number of all employees who shall be employed by the City, the Job make-up, activities, assignments and the number of hours and shifts to be worked per week Including 40tarting and quitting time of all employees subject to one (1) week notice if hours are to be changed except In cases of emergency. Page 5 ARTICLE 5 MANAGEMENT'S RIGHTS PAGE 2 OF 2 5.S To determine the number, types and grades of positions or employees assigned to an organizational unit, department or project, and the right to alter, combine, reduce, expand or cease any position. 5.9 To continue to control any other function that has been carried on by the employer prior to the date of this contract and not mentioned in this Agreement. 5.10 To establish, change or modify duties, tasks, responsi- billtles or requirements within Job descriptions. Such action will first be submitted to the Federation for review. 5.11 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 discretion of the City, may be required to perform Incidental duties within their department not within their job description, but within the realm of related duties. 5.12 The City shall formulate all City 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, operation and personal 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. However, if any changes are made regarding any policies and procedures, the City will give the Federation two (2) weeks notice before any changes are made. 5.13 Any right, privilege or function of the City not specifl- tally released or modified by the City In this Agreement shall remain exclusively with the City. Should the City fall to exercise Its rights In any of the above functions from time to time, this shall not be construed or deemed a waiver of the Clty'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 th. emp:oycw tP.w, tho terms will be enforced. Page 6 ARTICLE 6 FEDERATION REPRESENTATION 6.1 Neither party. In negotiation, shall have any control over the selection of the negotiating or bargaining representatives of the other party. The bargaining committee of the Federation shall consist of not more than six (6) employee representatives who may attend all bargaining sessions during working hours at no loss of pay. The Federation will furnish the City Manager or designee with a written list of the Federation's bargaining committee prior to the first bargaining meeting and substitution changes thereto If necessary. 6.2 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 or designee In writing of any change In the designation of Its Wthorized business representatives subsequent to the execution of this Agreement. 01 Page 7 DUES DEDUCTION AND CHECK -OFF 7.1 Employees covered by this Agreement may authorize payroll deductions for the purpose of paying Union deductions. Deductions shall be deducted monthly and the funds shall be remitted to the Treasurer of the Federation within thirty (30) days along with a list of employees whose deductions are remitted. The Federation will not be required to reimburse the City for administrative costs of payroll deductions withheld by the City. 7.2 The Federation will Initially notify the City of the amount of deductions. Such notification will be certified to the City In writing over the signature of an authorized officer of the Federation. Changes In Federation deductions will be similarly certified to the City and shall be done at least one (1) month in advance of the effective date of such change. 7.3 The City shall have no responsibility or liability for any 0 monies once sent to the Federation, nor shall the City have any liability or responsibility for the Improper deduction of dues. The Federation will Indemnify, defend and hold the City harmless for any claims made and against any suits Instituted against the City for any and all non -Intentional errors in the administration of the dues deduction system. 0 Page 8 ARTICLE 8 PROBATIONARY PERIOD 8.1 At any time during the Initial employment Probationary Period, the department head or City Manager may for good cause, bad cause, or no cause at all, terminate the employee. Any termination prior to expiration of the probationary period shall be final with no right of appeal of any type under any of the terms of this Agreement. 8.2 A new employee shall be reviewed after the second, fourth and sixth month of employment. These reviews shall in no way affect the employee's salary, but rather shall be a means of notifying the employee, supervisor and City Manager of the employee's progress. Two (2) and four (4) month reviews reflecting less than satisfactory progress may be cause for Immediate termination of employment. The probationary period Is six (6) months from the first date of employment. r-I LJ L� Page 9 A dT If+l r n SUBSTANCE ABUSE INTENT a 9.1 The Intent of this Article Is to help and assist an employee who is under the Influence of substance abuse. The Federation aria the City further agree that: Acknowledgement that alcohol and drug abuse are Illnesses which are treatable and will be given the same consideration as any other Illness, with the emphasis on rehabilitation, not elimination of the employee. Assurance that neither the City nor the Union Is concerned with social drinking. Assurance that the employee will not be disciplined for having this Illness. That Job performance Is the only criteria for referral to the program (except for voluntary self -referrals). Assurance that entering the program will not effect the member's future promotional opportunities or Job security. Assurance that the best available treatment will be offered through established benefit plans and health Insurance coverage. . Assurance that all records and discussions will remain confidential. GENERAL TESTING POLICY 9.2 The City will bargain with the Union before Implementing any aspect or change in drug testing policy. All employees will be clearly Informed of what drugs or substances are prohibited. The city will provide an educational program aimed at heightening the awareness of drug and alcohol -related problems and treatment alternatives. The testing policy shall not pertain to any substances which are consumed away from the workplace or on the employee's free time unless the employer can prove that consumption during non- working hours Is affecting on -the -Job performance. No bargaining unit member will be subject to any testing Policy or procedure that Isn't applied equally to all other em- ployees, including management and supervisory personnel. Page 10 0 ARTICLE 9 SUBSTANCE ABUSE PAGE 2 OF 4 GROUNDS FOR TESTING 9.3 Random alcohol or drug testing of any kind is prohibited. If the City possess facts leading to a reasonable basis upon which to conclude that probably cause exists which Is confirmed by at least two (2) supervisors to believe a current employee may be under the Influence of a substance abuse while on duty, a physical examination by a reputable and reliable medical doctor can be recom- mended by the department head for the employee In question. This reputable and reliable medical doctor will be approved upon between the parties to this Agreement upon ratification of this Agreement. The medical doctor, after a physical examination of the employee, may determine the employee Is under the Influence of substance abuse and, thereby, recommend a test to determine such abuse. 11 TEST SELECTION 9.4 The City must obtain the Union's consent In selecting the type of test and laboratory facility which will perform the analysis. Only laboratories and test products which are routinely Inspected and checked for sensitivity and specificity will be used. (Sensitivity Is the ability to correctly Identify a specimen contain- Ing drugs. Specificity Is the ability to correctly Identify a speci- men containing no drugs.) The Union and/or Management retains the right to demand a change in test product or laboratory based on Information which challenges the accuracy or quality of either. The Union also retains the right to demand a change In test product or laboratory which a #.Uperior alternative of either Is available. The employer will verify correct specimen ownership Iden- tification. Page 11 ARTICLE 9 SUBSTANCE ABUSE PAGE 3 OF A CONSEQUENCES OF TESTING POSITIVE 9.5 If an employee Is found to have a substance abuse problem, the employee shall not be terminated or suspended and will im- mediately be put Into a Substance Recovery Program. As long as the employee complies with the Substance Recovery Program, no disciplinary action will be taken. All samples which test positive will be retested using gas chromatrography and mass spectometry. An employee who tests positive shall have the right to challenge the accuracy of the test results before entering the substance abuse program. EMPLOYEE RIGHTS 9.6 The employee will have the right to Union representation during any part of a substance abuse testing process. The employee will be given a sample of his or her own specimen so that a separate test can be administered. All test results will be kept confidential and will be available only to a designated City representative, a designated Union representative or a designated legal representative. Any employee who test positive shall be given access to all written documentation available from the testing laboratory which verifies the accuracy of the equipment, the qualification of lab personnel, the chain of custody of the specimen and the accuracy rate of the laboratory. Employees using medication or drugs lawfully prescribed shall notify the City In advance of the use of same and It shall not constitute grounds of reasonable suspicion of any substance abuse. E Page 12 ARTICLE 9 SUBSTANCE ABUSE PAGE 4 OF 4 40 SUBSTANCE ABUSE COMMITTEE 9.7 A Substance Abuse Committee will be formed consisting of three members of the Union and three Management personnel. This Committee will meet no later than February 28, 1988. The purpose of this Committee will be to monitor the Substance Abuse Article. If there Is an area of dispute which cannot be resolved by the Committee members, the Issue would then revert to Step 3 of the Grievance Procedure. 0 U Page 13 ARTICLE 10 GRIEVANCE AND -ARBITRATION PROCEDURE 10.1 A grievance shall be defined as any controversy or dispute arising between the parties involving questions of interpretation or application of the terms and provisions of this Agreement and other 0 conditions of employment. Having a desire to create and maintain labor relations harmony between them, the parties hereto agree that they will promptly attempt to adjust all complaints, disputes, controversies or other grievances arising between them Involving questions of Interpretation or application of the terms and provisions of this Agreement and other conditions of employment. 10.2 Thus, should differences or disputes arise between the parties to this Agreement or between the employees covered herein and the City, other than cases of discharge and/or suspension, the ag- grieved party to this Agreement shall use the following procedures: STEP 1 In the event an employee believes there Is a basis for a grievance, said employee shall first discuss promptly the alledged . grievance with the Immediate supervisor, either privately, or If said employee prefers, accompanied by the on -site Federation representative within seven (7) working days of time of the date of the occurrence of the event giving rise to the grievance. The supervisor shall then respond within seven (7) working days. STEP 2 In the event the aggrieved employee and/or the Federation Is not satisfied with the decision of the supervisor, the grievant and/or the on -site Federation representative shall present the grievance In writing to the employee's department head within seven (7) working days of the date of the aforesaid decision. Upon presentation of this written grievance to the department head, and within seven (7) working days thereafter, the department head, the employee and the on -site Federation representative shall attempt to resolve the dispute. Within seven (7) working days thereafter, the department head shall render a decision In writing to both the an:d to the on -site Federation representative. Page 14 ARTICLE 10 GRIEVANCE AND ARBITRATION PROCEDURE PAGE 2 OF 3 STEP 3 In the event the aggrieved employee and/or the Federation Is 4t satisfied with the written answer to Step 2 above. the said grievance shall be presented within seven (7) working days after the written answer above to the City Manager or designee, who will, within seven (7) working days of the receipt of same, meet with a representative of the Federation In an attempt to resolve the said grievance. At this meeting, the employee and/or the on -site Federation representative may also be present. Within seven (7) working days after this meeting, the City Manager or designee shall render a decision In writing. 10.3 In the event an employee Is discharged or suspended by the City. the aggrieved party to this Agreement or employee or employees shall, within seven (7) working days, grieve his discharge and/or suspension to the City Manager or designee who shall, within seven (7) working days of the receipt of the same, meet with a representative of She Federation in an attempt to resolve the grievance. At this meeting the employee and/or the on -site Federation representative shall also be present. Within seven (7) working days after this meeting, the City Manager or designee shall render his decision In writing. 10.4 With respect to discharge or suspension, the City shall notify the affected employee no later than ten (10) working days from the date the City Manager or designee fixes the responsibility for the Incident upon which the discharge and suspension Is based. 10.5 The City's failure to comply with the ten (10) working day period shall automatically move the grievance to the next step of the grievance procedure. 10.6 The time limitations provided In this Article shall be Wrictly observed, and the failure to observe these time limitations will move the grievance to the next step. These time limitations may be extended only by written agreement of the parties. Page 15 ARTICLE 10 GRIEVANCE AND ARBITRATION PROCEDURE PAGE 3 OF 3 10.7 Application to this procedure shall foreclose the griev- ant from appealing to any other available procedure or vice -versa. 10.8 Nothing In this Article shall require the Federation to process grievances for employees who are not members of the Feder0. - atlon, in conformity with Florida law. 10.9 In the event any dispute and/or difference, including discharge and suspension, have been properly processed through the grievance procedure without resolution, the Federation may demand arbitration and this demand, In writing, shall be presented to the City Manager or designee within ten (10) working days from the receipt of the decision of the previous step. 10.10 The arbitrator shall be appointed by mutual consideration of the parties. In the event the parties are unable to agree upon a neutral arbitrator within ten (10) working days after the arbitration Is Invoked, either party may petition the Federal Mediation and Con- ciliation Service and request a list of five (5) qualified arbitrators and from said list the parties shall alternately strike and select a single arbitrator to preside as a neutral at the hearing Involving the grievance. 10.11 The decision of said arbitrator shall be final and binding upon both parties. The arbitrator shall not be empowered to alter, amend, add to, or eliminate any provisions of this Agreement. Expenses of the arbitrator shall be borne equally by both parties. Each party shall pay Its own expenses. 10.12 In the event an employee has been disciplined to the extent he or she has been suspended or dlschar ed and Is reinstated by an arbitrator's decision, the employee shall be reinstated 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 arbitrator. 10.13 In the event any employee has been suspended and the suspension is upheld, that employee, upon the expiration of the suspension, shall be fully reinstated to his former position with no fl __ ' : ' '_ ^f any of his rights under this Agreement or other rules and regulations of the City unless otherwise directed by the decision of the arbitrator. Page 16 ARTICLE 11 WAGES 11.1 Effective February 1. 1988. all permanent,f,ull-time and all permanent part-time employees (Including employees at.present "H" Step of the pay plan)* shall receive a four -percent (e%) Increase. 11.2 The Step Plan In the previous contract Is eliminated. 11.3 Effective October 1. 1988, each permanent full-time and each permanent part-time employee shall receive a four -percent (4%) Increase. 11.4 On October 1. 1989. WAGES for each permanent full-time and each permanent part-time employee will be determined by a WAGE re - opener. 11.8 All full-time, permanent employees who have completed 84 months (seven (7) years) of service. shall receive a lumpsum LONGEVITY payment annually on his/her anniversary date In the amount f, of two -percent (2%) of their annual gross salary. Actual payment Vol be made on the next regularly scheduled pay day. All permanent employees who have received a Longevity payment based on the "H" Step of the prior contract between October 1. 1987 and February 1. 1988 will waive their right this fiscal year. C7 Page 17 ARTICLE 12 ANNUAL LEAVE 12.1 All accrued Vacation, Sick and Personal Leave will be combined and called ANNUAL LEAVE. All employees shall be entitled to ANNUAL LEAVE after satisfactorily completing a six-month (6) probationary period. ANNUAL LEAVE may be used at the discretion -of the employee with the approval of the Department Head. 12.2 Upon termination, the employee shall be paid for ANNUAL LEAVE accrued with a maximum accrual of 520 hours based on the following formula as of date of ratification of the Agreement. ACCUMULATED MONTHS OF SERVICE PERCENTAGE OF BUY-BACK 0 -- 12 Months O% 13 - 36 Months 25% 37 - 60 Months 50% 61 months plus 100% 12.3 Effective April 1, 19BB, all new employees will be entitled to ANNUAL LEAVE after satisfactorily completed a six (6) month probationary period with a maximum accrual of 280 hours using the same formula above. 12.4 An employee who has earned mores than 520 hours prior to the . signing of this contract, will be required to sell back additional accrued hours at fifty -percent (50%) of their last third years' wages. I.e. 1986 wages in 1988. This money can be rolled over Into a deferred compensation plan or It can be bought out completely. This buy out shall be accomplished no later than April 1, 1988. The additional fifty percent (50%) third years' wages for the sell -back will be put Into a separate Reserve Sick Fund for the Indlvidual's personal use, If needed. If an employee terminates, monies in the Reserve Sick Fund are non- refundable. 12.5 An incentive will be given to ,any employee who accumulated over their cap of 280 or 520 hours. At the end of any fiscal year of this Agreement (FY 1987/1988, FY 1988/198S. FY 1989/1990), an employee will be paid fifty -percent (50%) of those hours over his appropriate W maximum accrual based upon his previous third year's hourly rate of pay. This payment will be In his first paycheck In December. The additional fifty -percent (60%) of his hours will be placed In the Reserve Sick Fund as described in 12.4. Page 18 -ARTICLE,12 ANNUAL LEAVE 'PAGE-2 OF 2 12.6 For purposes of the buy-back provision, Incentive pay, and termination pay, all payments shall be made at the previous third year's hourly rate of pay. 12.7 ANNUAL LEAVE shall be earned and computed at the following new percentage rates: 0 SERVICE O through 60 months (up to 5 years) 61-120 months (5 through 10 years) 121-180 months (10 through 15 years) After completion of 15 years ANNUAL LEAVE 27 pd days per year (216 hours) 30 pd days per year (240 hours) 33 pd days per year (264 hours) 36 pd days per year (288 hours) 12.8 An employee shall give the supervisor advance notice of anticipated leave such as illness.. If this Is not possible, an employee shall contact the supervisor within one (1) hour after starting time, unless extenuating circumstances prevent such communication for which documentation may be required by the supervisor. If an employee becomes III during the course of his working day, he must then Immediately Inform his supervisor before leaving his Job site. 12.9 Employees on leave without pay shall not accrue ANNUAL LEAVE hoes while on leave without pay. 12.10 Paid ANNUAL LEAVE will be counted as hours working In calcu- lating overtime In any work week. 12.11 Permanent part-time employees shall be eligible for fifty - percent (50%) of all ANNUAL LEAVE benefits. M ARTICLE 13 HEALTH INSURANCE 13.1 The City shall provide group health Insurance coverage after ninety (90) calendar days of employment for a permanent full- time employee at no Cost to the employee. 31.2 Iftheemployee desires dependent coverage, It will be subsidlted by the City at the City'* contribution rate which Is 41.79 per month. 13.3 The Federation will be notified when the City Is sollCl- tine proposals for group health Insurance coverage so the Federation may submit a list of Insurance representatives and/or companies to be Included on the Clty's bidders list. 13.E If the Federation has health Insurance proposals for con- sideration. they may submit them to the City for review at any time during the term of this contract. 13.8 The City has the right to select and change -health Insurance companies In Its sole and exclusive discretion at no loss or reduction of benefits. Howevers alternative cost containment plans may be offered. Such decision shall not be subject to the GRIEVANCE AND ARBITRATION PROCEDURE. 13.6 The City shall make available optional Health and Life Insurance coverage for retiring employees. 13.7 The City shall provide Long -Term Disability for the employees of the Bargaining Unit and It will also be subject to annual re -opener. 13.8 The parties agree that this Ar"tIcle will be subject to an annual re -opener because of the nature of the Insurance Industry In South Florida. .4ge 20 W ARTICLE 14 BENEFIT OPTIONS 0 14.1 At time of ratification, full-time, permanent employees will be entitled to one thousand three hundred ($1,300.00) dollars In benefit options per fiscal year. 14.2 Full --time employees who complete probation during the Contract year shall be entitled to a pro -rats benefit commencing with Completion of probation. 14.3 Benefit option dollars not utilized during the contract year will be paid to the employee In the last pay period of the fiscal year to a maximum of five (5%) percent. 14.4 Benefit options may be selected on an annual basis from the following list: DEPENDENT HEALTH INSURANCE DENTAL (INDIVIDUAL OR DEPENDENT) OPTICAL (INDIVIDUAL OR DEPENDENT) • DEFERRED COMPENSATION DAY-CARE NURSERY LONG-TERM DISABILITY SHORT-TERM DISABILITY EDUCATIONAL ALLOWANCE TERM LIFE INSURANCE AND AD&D WELLNESS PROGRAM PREPAID LEGAL HEALTH INSURANCE DEDUCTIBLE 14.5 If an employee terminates, Is terminated, retires, or Is on unpaid leave of absence, the balance of fiscal year benefit options are forfeited. 14.6 Permanent part-time employees shall be eligible for fifty (50%) percent of all benefit options above except dependent health Insurance and health Insurance deductible. 14.7 Any unused health Insurance deductible will be transferred at the end of the fiscal year to the employee's deferred compensation :count . Page 21 ARTICLE 15 MATERNITY LEAVE OF ABSENCE 15.1 Leaves of absence shall be granted to employees without • pay. On a leave of absence of thirty (30) calendar days of less., an employee shall accumulate seniority. On leaves of absence exceeding thirty (30) calendar days, seniority shall not accumulate. 15.2 Upon employee request, leaves of absence will be granted female employees because of pregnancy through the third month following delivery. Such employee who has acquired seniority as provided In Article B, may commence the leave of absence at the end of the third (3rd) month of pregnancy. The effective date of leaves of absence for medical reasons normally will be the last day worked. If, however, the employee has earned unused vacation or sick leave and requests payment for same prior to being placed on medical leave of absence. the effective date of the leave will be the last day of such vacation and/or sick leave. 15.3 Those employees returning from medical leave of absence will . furnish a signed letter from her personal physician, attesting to her physical fitness for resumption of employment. Such employee shall notify the City at least ten (10) working days in advance of her return. 15.4 Upon being pronounced physically fit -and further provided they have the necessary seniority, they shall be returned to their former status. 15.5 If an employee cannot perform their normal duties and Is still capable of performing a (light duty) position, the City will agree to place the employee In that position provided there Is a vacancy within the department. No (light duty) positions will be added unless It Is recommended by the Department Head and approved by the City Manager. 40 15.6 If there Is no (light duty) vacated position available or the employee desires to be laid off, employee would have the option to file for unemployment, however, the dzter.;.:nat:;;n cf the:, e::gib::lty Is In the full discretion of the Florida Unemployment Compensation Department. Page 22 ARTICLE 16 BEREAVEMENT LEAVE 16.1 To express the City's concern for an employee during time of bereavement, three (3) working days of bereavement leave with pay snail be granted In the event of a death In the Immediate family w!thln the State of Florida. Five (6) working days will be granted In the event of a death outside the State of Florida and the employee travels outside the State of Florida In response to that death. Any requests for additional leave will be granted whenever possible to be taken from annual leave. 16.2 Immediate family shall be defined as spouse, child, mother, father, sister, brother, grandmother, grandfather, grandchild, step parent, step -child 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. • 16.3 In authorizing bereavement leave, the supervisor shall obtain the following Information from the member and have It entered for payroll purposes: -relationship of the deceased to the employee -dates of absence requested 16.4 In order for an employee to be eligible for bereavement leave, he must contact his Department Head during the first day of bereavement to notify the City he will not be at work. .10 Page 23 ARTICLE 17 WORKERS' COMPENSATION INJURY 17.1 Any employee who Is disabled during the course of his scheduled working hours with the City of Tamarac, which disability 49 would be compensated under the Workers' Compensation Statutes, shall utilize either sick time or vacation time for the first five (5) calendar days of the disability. 17.2 Employees, except for Community Service Aides. shall receive sixty-six and two thirds (66 2/3%) percent of their average gross bl-weekly base pay until such time as the employee returns to work, reaches maximum medical Improvement as determined by the Clty's Workers' Compensatlon.carrler, terminates, shall terminate, or retires. 17.3 A Community Service Aide shall be paid full salary for the first five (5) working days of the disability. Thereafter, the City shall supplement the employee's Workers' Compensation, Social Security Disability, or any benefits to which he may be entitled so the 0 employee shall receive eighty-five (85%) percent of his gross bi- weekly base pay until such time as the employee returns to work, reaches maximum medical Improvement as determined by the Clty's Workers' Compensation carrier, terminates, shall terminate, or retires. 17.4 No employee seeking benefits for Workers' Compensation, Social Security Disability or any other benefits for which he may be entitled shall ever receive more than one hundred (100%) percent of his bl-weekly net base pay from the City. A Community Service Aide receiving compensation from the City under this Article shall be required to turn over to the City any compensation received from any other source except for privately purchased Insurance coverage paid solely by the employee. Page 24 0 ARTICLE 18 HOLIDAYS 18.1 The City will celebrate the following holidays: -New Year's Day -President's Day -Memorial Day -Independence Day -Labor Day -Veteran's Day -Thanksgiving Day -Thanksgiving Day Friday -Christmas Day 18.2 All full-time and permanent part-time employees shall be entitled to a normal day's pay for each holiday celebrated by the City. 18.3 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, an employee must be In pay status the scheduled working day preceding and following the 911day. Pay status shall be defined as physically being at work or on an authorized leave with pay. If a holiday occurs during an employee's vacation, there shall be no charge from vacation leave for said holiday. An employee who Is absent from work the day before or after a holiday without prior approval due to an Illness, must submit a physician's statement or a statement of authorization from the department head to be compensated for said holiday. 18.4 If a normal workday falls on.,a holiday and an employee Is required to work, the employee shall have the option of: -pay at time and one half for the day, and eight (8) hours holiday pay, or -pay at time and one half for the day and accrual is of eight (8) hours holiday leave for future Holiday Leave may be accumulated, but not to exceed forty (40) hours at any time during an employee's tenure of employ- ment. 18.5 Holidays will be counted as hours worked for all salary and benefit purposes although the employee Is not physically at work on the holiday. Page 25 ARTICLE 19 WORK WEEK OVER -TIME AND CALL-BACK 19.1 The City Manager or designee shall establish the standard work week and hours of work not to exceed forty (40) hours with two (2) consecutive days off. 19.2 The lunch period shall be established by the department head with the approval of the City Manager or designee. If an em- ployee Is given a one (1) hour lunch period, It Is understood no formal breaks will be taken during his shift. If an employee takes a a thirty (30) minute lunch period, he shall receive a formal break of fifteen (15) minutes during the first half of his work shift and fifteen (15) minutes during the second half of their work shift. Notwithstanding the above, due to the nature of the work. Public Works employees shall have a one-half (1/2) hour scheduled lunch break and two (2) fifteen (15) minute break periods, one (1) In the first half of the shift and one (1) In the second half of the Shift. 10 19.3 A member who Is not at work during the approved hours shall be considered unexcused unless such absence Is approved by the super- visor. Repeated lateness Is significant to operational effectiveness and is grounds for the supervisor to take disciplinary action. Lateness, which Is unexcused absence from work. In excess of six (6) minutes, shall cause an employee to be penalized in quarter hour (15) minute units for each infraction of such period absent. 19.4 All work performed In excess.!af forty (40) hours In any work week shall be paid at time and one-half or shall be compensated In compensatory time at the rate of one and one-half (1-1/2) hours of compensatory time for each hour worked In excess of forty (40) hours. The employee shall have the option of taking compensatory time or cash payment providing the department has the necessary funds Page 26 ARTICLE 19 WORK WEEK, OVER -TIME AND CALL-BACK PAGE 2 OF 2 In the budget. All accrued compensatory time must be taken by the �d of the fiscal year. If It Is not used by the end of the fiscal year, the employee would be paid off for this time. 19.5 If an employee covered by this Agreement Is called out to work at a time outside his normal working hours and works less than two (2) hours, he shall receive a minimum of three (3) hours pay at regular time at the basic rate of pay. If an employee is called out to work outside his normal working hours between Sunday night through Friday morning and works over two (2) hours, he will be allowed to report to work one (1) hour after his scheduled shift has started but will be credited for working eight (8) hours for the following day. If an employee Is called out to work at a time outside his normal working hours on Friday or Saturday and works over two (2) hours, he shall receive a minimum of four (4) hours pay at regular time at the regular basic rate of pay. There shall be no jayment for travel time. Any hours worked 1n excess of forty (40) hours will be paid at one and one-half times the basic rate of pay. 19.6 If an employee Is sent home through no fault of his own before completing his regular assigned shift, he shall be compen- sated for the shift as though he worked....... 0 �r Page 27 ARTICLE 20 SENIORITY 20.1 Seniority shall be defined as continuous length of service ! with the City of Tamarac as follows: A. Total City seniority Is total length of continuous ser- vice within the employment of the City of Tamarac. B. Departmental seniority is total length of continuous service within an employee's current operating department. C. Continuous service Is defined as the period of employment not Interrupted by resignation, dismissal, retirement, or quitting without notice. Time spent greater than thirty (30) calendar days on layoff or leave of absence shall not be considered a break In service but will not be credited In the calculation of seniority dates. 20.2 In the event it Is necessary to reduce the work force, all layoffs shall be according to seniority by classification within a de— partment. All permanent full-time employees who are laid off shall be recalled by seniority prior to the City hiring new full-time employees. All permanent part-time employees shall be recalled by seniority prior to the City hiring new part-time employees. Those members of the bargaining unit who are laid off shall retain their right to be recalled for up to and Including twelve (12) months. .yr 0 Page 28 r.V .z arm=;.=i PROMOTIONS 21.1 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. Such employee being promoted shall receive the minimum of the new pay grade or a five (5%) percent Increase, which ever Is greater. 21.2 An employee shall be placed on a six (6) month probation- ary period at the time of promotion. The supervisor shall prepare an Employee Performance Appraisal and Development Plan form after two (2), four (4) and six (6) months, and make his recommendations to the City Manager or designee for permanent status. The expiration of the six (6) months shall become the employee's annual review date. 21.3 The promotional probationary period does not affect the employee's entitlement to City benefits granted after satisfactorily ebmpleting the initial employment probationary period. 21.4 Before employees are hired from the outside to fill vacancies In all occupational classifications, the Personnel Depart- ment shall post Job vacancies within the City for a period of three (3) working days. The City shall promote from within the bargaining unit If available employees have the skill and ability to perform the work. Any employee may apply and be considered for posted positions. A department head has the right to promote qualified employees from within his department for a vacant position. If an employee Is promoted in this manner, the Job vacancy will be the posi- tion vacated by the promoted employee. 21.5 All promotions shall be based on qualifications and experience. if two (2) qualified employees are considered for the Oromotlon, the employee with the most seniority shall be promoted. Page 29 ARTICLE 21 PROMOTIONS PAGE 2 OF 2 Tests given to permanent employees must be approved by the Federation and the City Manager or designee. 21.6 If a promoted employee does not prove to be satisfactory, he shall be returned to his original classification at no -loss of . seniority and benefits. In the event his original classification is occupied, the employee filling that classification shall be returned to his previous position. In case the original classification of the returned employee Is occupied by a new probationary employee. that new pro- bationary employee shall be offered any other vacant position for which he qualifies or be terminated. n �J Page 30 ARTICLE 22 22.1 A transfer Is the switching of an employee to a Job on an equal level In the same or another department. 22.2 An employee may suhmit a written request for consideration 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 department heads, the City Manager or designee and Insofar as practicable, the employee concerned. 22.3 There shall be no probationary period for a transferred employee. However, If during the ninety (90) day period following such transfer, If either the employee desires to return to his former position or the supervisor determines the employee Is not satisfactorily performing his Job, the employee may be transferred back to his original position at no loss of seniority or benefits. . In the event his original classification Is occupied, the employee filling that classification shall be returned to his previous position. �J Page 31 ARTICLE 23 WORK IN OTHER CLASSIFICATIONS 23.1 Each employee covered under this Agreement shall work only within his 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 forty (40) hours shall receive the minimum of the new pay grade or a one (1) step Increase. whichever Is greater. 23.2 If the temporary acting position is for a substitution of an employee absent on authorized leave, It shall be understood said assignment may be in effect only until such time the absent employee returns, or until a job declared vacant Is filled on a permanent basis. 23.3 If an employee is temporarily assigned to work in a lower paying job classification, he will not receive a decrease In pay. CJ Page 32 ARTICLE 24 LAY-OFFS 0 24.1 Seniority shall be defined as continuous length of service With the City of Tamarac. Seniority shall commence from the employee's first date of employment. 24.2 In the event It Is necessary to reduce the work force, all lay-offs shall be according to seniority by Classification within a department. 24.3 Employees of the bargaining unit who are laid off shall retain their right to be recalled for twelve (12) months. Laid -off employees of the bargaining unit shall be recalled prior to the Clty's hiring any new employees for that Job Classification. 24.4 An Individual will be considered a new hire with a new starting date if he returns to work after being laid off for more than twelve (12) months. An individual will also be considered a new &ire with a new starting date If he Is terminated or resigns at any time during his employment and Is subsequently re-employed. 24.5 An employee being recalled shall be notified by certified mail (return receipt), together with a carbon copy to the Federation, and shall have seven (7) working days from the date of receipt of notice to respond affirmatively. The City reserves the right to temporarily assign employees to the vacancy until the recalled employee reports to work. 24.6 If the City falls to receive an afflrmative response, the employee shall be removed from the recall list and the City shall have no further obligation to the employee. 24.7 If the recall notice Is returned and not recelpted. the employee will be dropped from the recall list and the City shall have oro further obligation to the employee. 24.8 In the event of layoffs or abolition of a position, the City shall endeavor to find another position In the City for the employee in accordance with ARTICLE 20 SENIORITY. Page 33 ARTICLE 24 LAY-OFFS PAGE 2 OF 2 24.9 All employees shall receive at least one (1) month notice of layoffs; or, in lieu of notice, one (1) month compensated time at his regular rate of pay. The Federation shall be furnished copies of all layoffs at the same time as the laid -off employee receives notice. 10 Page 34 ARTICLE 25 SAFETY 25.1 The City and the Federation recognize the Importance of an adequate Safety Program. A Safety Committee composed of represent- atives from the Federation and other bargalnin3 units shall meet periodically for the purpose of establishing and Insuring the practice of safety for all employees. This Committee shall consist of no less than four (4) members of the Federation divided among the various City departments. 25.2 EMERGENCY CONDITIONS - If an employee covered by this Agreement is required, due to emergency conditions to work In the service of the City In foul or severe weather, the City shall provide him with appropriate foul -weather gear. Under no circumstances shall an employee be required to work during cloud -to -ground lightning. In flooded areas no employee shall •e required to work In water deeper than the protective boots provided by the City. 25.3 SAFETY SHOES - Designated employees In the Bargaining Unit shall wear safety shoes to work. Anyone reporting to work not wearing safety work shoes will be sent home. At the start of each fiscal year, the City will give each designated employee a sixty ($60.00) dollar check to purchase his safety work shoes at a store of his choice. Probationary employees who complete their probation- ary period prior to April tst of each year shall receive a $60.00 check for Safety work shoes. If an employee completes their pro- batlonary period after April 1st of any contract year, the amount of monies given to them for the initial fiscal year will be pro -rated, determined by the month they completed their probation. 25.4 EQUIPMENT - The Safety Committee shall regularly review as a meeting agenda Item the safety of equipment used by City employees. Page 35 ARTICLE 26 JURY DUTY AND APPEARANCE AS A WITNESS 26.1 The City shall provide leave for Jury duty, An employee will be paid on City payroll while serving on a Jury. Any compensa- tion received by the employee for such duty will be endorsed over to the City. 26.2 An employee who Is excused from Jury duty prior to 11:00 a.m. shall be required to report to work no later than 1:00 P.M. 26.3 If an employee is required to appear as a witness as a result of litigation involving the City and the use of a personal vehicle Is required, then the employee shall be reimbursed In accord - dance with the "Personal Vehicle Compensation" section, ARTICLE 30 of this contract. 26.4 A Request for a Leave of Absence form should be completed and approved, giving as much prior notice as feasible, for the time the employee serves on a Jury and appears as a witness. 26.5 An employee who Is bringing suit upon another party or who ! Is being sued shall not be eligible for this leave. 26.6 An employee required to appear as a witness as a result of litigation not Involving the City, shall not be eligible for this leave. Page 36 0 ARTICLE 27 BULLETIN BOARDS 27.1 The City will provide two (2) bulletin boards In City Hall, one (1) bulletin board In the Public Works Department, (2) bulletin boards In the Utility West Department, (1) In Operations, and (1) in the Meter Reader area for the exclusive use of the Federation and solely for posting of official union materials. 27.2 The Federation agrees the material posted shall not reflect adversely on the City. 27.3 Notices or bulletins of the Federation to be posted shall normally be submitted In advance to the City Manager or designee. 27.4 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; (e) Newsletters; (f) Any other notices of a general nature regarding Federa-- tlon business. r-1 Page 37 ARTICLE 28 PROHIBITION OF STRIKES 28.1 The Federation and Its members agree not to engage In a strike, as deflned In Florida State Statutes as presently in force or 4D hereinafter amended and the Constitution of the State of Florida, work stoppages, boycotts, slowdowns or other actlons, overt or covert, which objectively Interfere with the orderly operation of any department and the City. 28.2 The parties agree any member who participates In or pro- motes a strike, work stoppage, slowdown, boycott, failure or refusal to perform work or any other job action, overt or covert, which ob- jectively Interferes with the orderly operation of any of the Depart- ments In the City may be discharged or otherwise disciplined by the City. 0 ARTICLE 29 SAVINGS CLAUSE 29.1 Should any provisions of this Agreement, or any part thereof, be rendered or declared Invalid by reason of any existing or subsequently enacted legislation, or by any decree of a court of com- petent jurlsdictlon, all other articles and sections of this Agree- ., ment shall remain In full force and effect for the duration of this Agreement. Page 38 ARTICLE 30 MISCELLANEOUS 30.1 UNIFORMS - The City shell supply uniforms, Including 100% cotton shirts, and cleaning of uniforms to all field employees within the Public Works and Utility Departments. Unit members In the Police Department will be provided uniforms which shall be replaced when needed and as the budget allows. 30.2 Meter Readers In the Utility Department may wear appro- priate shorts from May 1 through October 30 when reading meters. 30.3 PERSONAL PROPERTY - The City will not be responsible for the loss of any personal property unless the equipment Is required by the Department Head In the performance of the employee's duties. 30.4 SHOWERS - Showers will be provided for all Utility Department members and lockers will be provided in the new Public Works building to be constructed on Land Section 7. 40 30.5 LOCKERS - Lockers will be provided to employees In depart- ments where deemed necessary. 30.6 HATS - Employees will be allowed to wear an appropriate sun shading hat approved by the Department Head under appropriate working conditlon!m. 30.7 PRIVATE VEHICLE COMPENSATION - The City, subject to Its authorization, agrees to compensate employees who use their own ve- hicles while traveling on City business, no less than that which Is provided In the applicable Florida State Statute. %* Page 39 ARTICLE 31 TERM OF AGREEMENT 31 . 1 Th I s Agreement, a 1 though rat 1 f 1 ed on shall be effective from October 1, 1987 and shall remain in full force and effect until September 30. 1990, unless modified or changed by mutual consent. 31:2 Both parties agree that for the second and third year of the contract, effective October 1, 1988, ARTICLE 13 - HEALTH INSURANCE, will be re -opened. Both parties agree that In the third year of the contract, effective October 1, 1989, there will be a WAGE re -opener. 31.3 The Items subject to a re -opener set forth In Article 31.2 and/or the expiration of this Agreement requires the parties to begin negotiations no later than August 1st of the appropriate year. 31.4 Any Federal, State or Local Legislation which has Impact upon this Agreement shall be reviewed by both parties with advice of legal counsel so as to properly adjust to comply with the law when appropriate. L� IN WITNESS WHEREOF, The parties hereto have hereunto set their hands on the respective dates shown over the signatures — Dated This / � FEDERATION OF PUBLJC E PLOYEES BUSINESS REPRESENTATIVE Day of , 1988. B Y : y BY; z �1� 7�L C i ty Manag r o ltv F• 1CCL� l� ers r Rel �RRY PEfl-R&r17'/ BY: ATTEST: �7 - CITY CLERK c lRUl- e, 6RRA&u r"2� c,e.rt-r T c.,4 a, -14 Page 40