HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-048 Agmt with the FPETemp. Reso. #13771
4/13/2022
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2022 - d �-X
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, APPROVING AN
AGREEMENT WITH THE FEDERATION OF PUBLIC
EMPLOYEES, A DIVISION OF THE NATIONAL
FEDERATION OF PUBLIC AND PRIVATE EMPLOYEES
AFFILIATED WITH DISTRICT 1-MEBA (AFL-CIO) FOR
THE PERIOD FROM OCTOBER 1, 2021 THROUGH
SEPTEMBER 30, 2023, AND AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Florida Statutes provide that municipalities shall have the
governmental, corporate, and proprietary powers to enable them to conduct municipal
government, perform municipal functions, and render municipal service, and exercise any
power for municipal purposes, except when expressly prohibited by law; and
WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac
empowers the City to adopt, amend, or repeal such ordinances and resolutions as may
be required for the proper governing of the City; and
WHEREAS, the Collective Bargaining Agreement ("Agreement') between the City of
Tamarac and the Federation of Public Employees (FPE), expired September 30, 2021 ; and
WHEREAS, the City of Tamarac created a negotiating team to renegotiate the
Agreement ; and
WHEREAS, the negotiating team consisted of the Special Counsel for Labor, Director
of Human Resources, Senior Human Resources Analyst, Senior Management & Budget
133328576.1
Temp. Reso. #13771
4/13/2022
Page 2 of 3
Analyst, Budget Manager, Facilities & Grounds Superintendent, Public Services Operations
Manager ; and
WHEREAS, the City of Tamarac and the FPE have collectively bargained in good faith
and have reduced said bargaining to an Agreement attached as Exhibit I ; and
WHEREAS, on April 14, 2022, the employees covered by this Agreement, ratified the
Agreement; and
WHEREAS, it is the recommendation of the City Manager and the negotiating team to
approve the Agreement; and
WHEREAS, the City Commission of the City of Tamarac, deems it to be in the best
interests of the business owners, residents and visitors of the City of Tamarac to approve the
Agreement and provide for its proper execution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing whereas clauses are ratified and confirmed as being
true and correct, are the legislative and administrative findings of the City Commission
and made a specific part of this Resolution; all exhibits attached hereto are incorporated
herein and made a specific part thereof. All exhibits attached hereto are incorporated
herein and made a specific part of this Resolution.
SECTION 2: The City Commission approves the Agreement, attached as "Exhibit I"
between the City of Tamarac and the Federation of Public Employees, A Division of the
National Federation of Public and Private Employees Affiliated with District 1-MEBA (AFL-
CIO) for the period from October 1, 2021 through September 30, 2023.
SECTION 3: Since the members of the Bargaining Unit ratified the Agreement on
133328576.1
Temp. Reso. #13771
4/13/2022
Page 3 of 3
April 14, 2022, the appropriate City Officials are authorized to execute the Agreement on
behalf of the City of Tamarac.
SECTION 4: All appropriate budget transfers required to fund the provision of this
Resolution are hereby approved.
SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 6: If any clause, section, other part, or application of this Resolution is held
by any court of competent jurisdiction to be unconstitutional or invalid, in part or application,
it shall not affect the validity of the remaining portions or applications of this Resolution.
SECTION 7: This Resolution shall become effective immediately upon adoption.
PASSED, ADOPTED AND APPROVED this ;0V--day of f'Wj2-1 L— , 2022.
ATTEST:
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2_
JMWFER JOH S CMC
CITY CLERK
l/-
MIC ELLE J. GOME
MAYOR
RECORD OF COMMISSION VOTE
MAYOR GOMEZ
DIST 1:
COMM. BOLTON
--�
DIST 2:
V/M GELIN
DIST 3:
COMM. VILLALOBOS
DIST 4:
COMM. PLACKO
APPROVED S TO FORM AN LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF
THE CITYJOF�AMARAC ONLW.
JO N . , JR.
CI Y ATT RN Y
133328 .
EXHIBIT 1
TAMARAC
The City For Your Life
CONTRACT
BETWEEN
THE CITY OF TAMARAC
AND
THE FEDERATION OF PUBLIC EMPLOYEES
A DIVISION OF THE NATIONAL FEDERATION OF PUBLIC
AND PRIVATE EMPLOYEES
AFFILIATED WITH DISTRICT 1 - MEBA (AFL-CIO)
OCTOBER 1, 2021 THROUGH SEPTEMBER 30, 2023
CONTRACT
BETWEEN
THE CITY OF TAMARAC
AND
THE FEDERATION OF PUBLIC EMPLOYEES
A DIVISION OF THE NATIONAL FEDERATION OF PUBLIC
AND PRIVATE EMPLOYEES
AFFILIATED WITH DISTRICT 1 - MEBA (AFL-CIO)
OCTOBER 1, 2021 THROUGH SEPTEMBER 30, 2023
TABLE OF CONTENTS
ARTICLE
DESCRIPTION
PAGE #
1
Preamble.................................................................
1
2
Recognition..............................................................
2-5
3
Equal Opportunity....................................................
6
4
Definitions...............................................................
7-8
5
Management's Rights ............................................
9-11
6
Federation Representation ....................................
12
7
Dues Deduction and Check -Off .............................
13
8
Probationary Period ................................................
14
9
Substance Abuse Program ..........................
............ 15-16
10
Grievance and Arbitration Procedure ...........
............ 17-20
11
Wages.....................................................................
21-22
12
Paid Time Off ...............................................
............ 23-28
13
Medical Coverage Program ....................................
29
14
Benefit Options........................................................
30-31
15
Medical Leave of Absence .......................................
32-33
16
Bereavement Leave .................................................
34
17
Workers' Compensation ...........................................
35
18
Holidays...................................................................
36-37
19
Work Week, Over -Time and Call -Back ....................
38-39
20
Seniority..................................................................
40
21 Promotions.............................................................. 41-43
22 Transfers................................................................ 44
23 Work In Other Classifications ................................. 45
24 Lay-Offs.................................................................. 46-47
25 Safety..................................................................... 48-49
26 Jury Duty and Appearance as Witness .................. 50
27 Bulletin Boards ...................................................... 51
28 Prohibition of Strikes .............................................. 52
29 Savings Clause ...................................................... 53
30 Miscellaneous......................................................... 54-55
31 Smoke Free Workplace .......................................... 56
32 Term of Agreement ................................................. 57
ARTICLE 1
PREAMBLE
This Agreement is entered into this l day of ArY - I L- 2022
by and between the City of Tamarac, Florida, a municipal corporation of the State
of Florida hereinafter referred to as the "City" and the Federation of Public Employees,
A Division of the National Federation of Public and Private Employees, Affiliated with
District 1 - MEBA (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 between the City and the Federation will serve that
end.
1
ARTICLE 2
RECOGNITION
2.1 The City agrees to hereby recognize the Federation of Public Employees, A
Division of the National Federation of Public and Private Employees, Affiliated with
District 1 - MEBA (AFL-CIO), 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, and as modified by the parties, as follows:
Accounting Clerk
Aquatic Spray Technician
Back -flow Technician
Building Maintenance Technician
Bus Driver
Carpenter
Chief Electrical Inspector
Chief Mechanical Inspector
Chief Structural Inspector
Chief Plumbing Inspector
Code Compliance Officer
Customer Service Representative
Customer Service Representative/Cashier
Customer Service Supervisor
Electrician
Electrical Inspector
Engineering Construction Inspector
Engineering Construction Inspector/Plans Examiner
Engineering Technician
Engineering Review Technician/Inspector
2
Equipment Operator I
Equipment Operator II
Facility Management Supervisor
Field Technician
Fleet Mechanic II
Fleet Mechanic III
Grounds Maintenance Supervisor
Groundskeeperl
Groundskeeper II
Groundskeeper Crewleader
Housing and Community Development Programs Coordinator
Instrumentation & Control Technician
Irrigation Technician
Lead Bus Driver/Scheduler
Maintenance Supervisor
Mechanical Inspector
Mechanic I, II, or III
Office Assistant
Office Coordinator
Office Specialist
Park Ranger
Permit Technician
Permit Support Representative
Plumbing Inspector
Procurement Agent
Procurement and Budget Technician
Procurement Coordinator
Records Clerk
Records Coordinator
Recreation Assistant
Recreation Programmer I
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Recreation Programmer II
Scada System Specialist
Senior Bus Driver
Senior Chemist
Senior Customer Service Representative
Senior Customer Service Rep./Cashier
Senior Code Officer
Senior Engineering Technician
Senior Fleet Mechanic
Senior Business Revenue Specialist
Senior Permit Technician
Senior Tradesperson
Senior Tradesperson/Electrician
Service Worker Apprentice
Service Worker I
Service Worker II
Service Worker Crewleader
Streets Supervisor
Stormwater Supervisor
Structural Inspector
Structural Inspector/Plans Examiner
Systems Coordinator
Technical Support Representative I
Technical Support Representative II
Technical Support Representative III
Transmission Supervisor
Transportation Dispatch Clerk
Utility Material Resource Coordinator
Utility Service Worker I
Utility Service Worker II
Utility Service Worker III
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Wastewater Service Worker I
Wastewater Service Worker II
Wastewater Service Worker III
Wastewater Supervisor
Water Accountability Supervisor
Water Distribution Supervisor
Water Plant Lead Operator
Water Plant Operator "A"
Water Plant Operator "B"
Water Plant Operator "C"
Water Plant Operator Trainee
Water System Operator I
Water System Operator II
Water System Operator III
5
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, sex, age, national origin, marital
status, political affiliation, familial status, sexual orientation or disability as outlined in the
City's Equal Employment Opportunity and Prohibited Discrimination policy, or
Federation membership or activity, or lack of Federation membership or activity with
exception to Article 10, 10.6. The City and the Union shall comply with all provisions of
the "Americans With Disabilities Act".
A
ARTICLE 4
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.
FEDERATION OF PUBLIC EMPLOYEES:
A Division of the National Federation of Public and Private Employees, Affiliated
with District 1 - MEBA (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 regular budgeted position scheduled to work a minimum
of forty (40) hours per week.
GRIEVANCE:
Any controversy or dispute arising between the parties involving questions of
interpretation or application of the terms and provisions of this Agreement.
PART-TIME EMPLOYEE:
An employee holding a regular budgeted position scheduled to work a minimum
of twenty (20) hours per week.
PAID 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 subsequently amended
governing collective bargaining with public employees.
7
REGULAR POSITION:
Any position vacant or filled which is designated as such by the City budget.
REGULAR STATUS:
An employee classified in a position designated by the City budget who has
satisfactorily completed the probationary period.
PROBATIONARY EMPLOYEE (NEW HIRE):
An employee who is serving a probationary period prior to being appointed to a
regular position.
PROBATIONARY EMPLOYEE (PROMOTION):
An employee who is serving a probationary period prior to attaining regular
status in a higher classification.
PROBATIONARY PERIOD (NEW HIRE):
A specified period of time wherein the employee's performance is evaluated in
order to attain regular status.
PROBATIONARY PERIOD (PROMOTION):
A specified period of time whereby the employee's performance is carefully
evaluated in order to attain regular 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 in a regular full-time
position.
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.
UNIT:
That group of employees determined by the City of Tamarac and approved by
the Florida Public Employees Relations Commission to be appropriate for the
purpose of Collective Bargaining.
WORK WEEK:
The standard work week shall consist of 40 hours.
E:
ARTICLE 5
MANAGEMENT'S RIGHTS
5.1 The Federation recognizes the right of the City to operate, manage and
direct affairs of all departments within the City, except as otherwise expressly provided
elsewhere in this Agreement, including the sole and exclusive right:
5.2 To manage, direct and totally supervise without interference from the
employees of the City.
5.3 To hire, re -hire, promote, lay-off, transfer, schedule, train, assign and
retain employees in positions with the City and to establish procedures therefore.
5.4 To suspend, demote, discharge, or take other disciplinary action against
employees for just cause in accordance with the City'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 City'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 title and description, activities, assignments and the number of hours and
shifts to be worked per week including starting and quitting time of all employees
0
subject to two (2) weeks' notice if hours are to be changed except in cases of
emergency.
5.8 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 eliminate 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, responsibilities or
requirements within job descriptions. Any changes in a job description will not be
effective until two (2) weeks after notice is given to the employee and the Federation.
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
personnel policies of the City concerning this Agreement shall be subject to the sole
and 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 effective.
5.13 Any right, privilege or function of the City not specifically released or
modified by the City in this Agreement shall remain exclusively with the City. Should the
10
City fail 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 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.
11
ORTI('1 P F
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, only one of whom shall be an employee regularly assigned to the night
shift, and 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 authorized
Business Representatives subsequent to the execution of this Agreement.
6.3 The Federation shall also notify the City Manager in writing of the names
of all of the union stewards at the beginning of a new contract and anytime there is a
change. There shall be no more than six (6) union stewards designated at one time.
12
ARTICLE 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 at each
payroll and the funds shall be remitted to the Treasurer of the Federation within ten (10)
days along with a list of employees for whom 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 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.
7.4 Any arbitration award providing retroactive pay to a Federation member
will have Union dues deducted by the City.
13
ARTICLE 8
PROBATIONARY PERIOD
8.1 At any time during the initial employment Probationary Period, the
department director may recommend, and the City Manager or designee may, for any
reason, 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, Department Director and
City Manager or designee of the employee's performance. Two (2) and/or four (4)
and/or six (6) month reviews reflecting less than satisfactory performance may be cause
for immediate termination of employment. Upon a satisfactory six (6) month employee
evaluation, the supervisor may recommend to the Department Director, who may
recommend to the City Manager or designee the placement of the employee in regular
status.
8.3 The probationary period is normally six (6) months from the first date of
employment.
8.4 The probationary period may be extended twice for a period of three (3)
additional months each at the sole and exclusive discretion of the department director
with the approval of the City Manager or his or her designee; provided that a written
reason for the extension will be given.
`Ell
ARTI(`I F a
SUBSTANCE ABUSE PROGRAM
9.1 The City and the Union recognize that employee substance and
alcohol abuse may have an adverse impact on City government, the image of City
employees, and the general health, welfare and safety of the employees and the
general public at large. Therefore, the parties agree that the Drug and Alcohol -Free
workplace policy shall be adhered to by all members of the bargaining unit.
9.2 It is understood and agreed that the tests conducted under this
Article shall be administered in a purely employment context only as part of the City's
legitimate inquiry into the use of any controlled substance, narcotic, drug or alcohol by
its employees.
9.3 All tests shall be conducted in medical laboratories using
recognized technologies. In the event an employee's testis positive, a second test shall
be conducted to verify the results. If the employee so requests, he/she shall be given a
copy of the test results after the employer has received same.
9.4 The results of such test may result in appropriate disciplinary
actions, up to and including dismissal, in accordance with the applicable provisions of
the City Code, the City Personnel Rules, the City's Drug and Alcohol -Free Workplace
Policy, and/or the Departmental Rules and Regulations.
9.5 The parties agree that any employee's refusal to submit to
toxicology or alcohol testing in accordance with the applicable provisions of the City
Code, the City's Drug and Alcohol -Free Workplace Policy, or the City's Personnel
Rules, or the Departmental Rules and Regulations shall be subject to disciplinary action
up to and including the termination of their employment.
9.6 The City agrees to create an Employee Assistance Program (EAP)
and to fund it during the term of this Agreement.
9.7 The Union agrees to comply with the drug and alcohol testing
provisions of the Workers' Compensation Law of Florida, as amended. The Union
recognizes that the Law provides for drug testing as a part of an examination relating to
an on the job injury.
9.8 The City agrees to provide yearly briefings on the Drug and Alcohol
Free Work Place Policy to all employees. These briefings will cover all aspects of the
Policy and employees will be given the opportunity to ask any questions they may have
concerning the Policy. All employees covered by this agreement shall be given copies
of the Drug and Alcohol -Free Workplace Policy.
16
ARTICLE 10
GRIEVANCE AND ARBITRATION PROCEDURES
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. 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.
10.2 Thus, should grievances arise other than from cases of discharge and/or
suspension, the grievant shall use the following procedures. This grievance procedure
is the sole and exclusive avenue of redress available to any bargaining unit member.
No person covered by this agreement shall use the grievance procedure in the City
Personnel Manual for any purpose whatsoever.
STEP 1
In the event an employee believes there is a basis for a grievance, the
employee shall first discuss promptly the alleged grievance with the immediate
supervisor, either privately, or if the employee prefers, accompanied by the on -site
Federation representative within five (5) working days of the date of the occurrence of
the event giving rise to the grievance. The supervisor shall then respond within five (5)
working days.
STEP 2
In the event the grievant and/or the Federation is not satisfied with the
decision of the supervisor, the grievant and/or the on -site Federation representative
17
shall present the grievance in writing to the employee's department director within
seven (7) working days of the date of the aforesaid decision. Upon presentation of this
written grievance to the department director, and within seven (7) working days
thereafter, the department director, the employee and the on -site Federation
representative shall attempt to resolve the dispute. Within seven (7) working days
thereafter, the department director shall render a decision in writing to both the
employee and to the on -site Federation representative.
STEP 3
In the event the grievant and/or the Federation is not satisfied with the
written answer to Step 2 above, the 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 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
employee 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 the 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 The time limitations provided in this Article shall be strictly observed. An
employee covered by this Agreement may withdraw a grievance at any point by
18
submitting, in writing, a statement to that effect, or by permitting the time requirements
to lapse. Any grievance not advanced by the employee or employees to the next higher
step within the time limits provided shall be deemed permanently withdrawn and as
having been settled on the basis on the most recent response. A grievance not
answered by the City within the time limits provided shall be automatically advanced to
the next higher level. These time limitations may be extended only by written agreement
of the parties.
10.5 Application to this procedure shall prevent the grievant from appealing to
any other available procedure or visa -versa.
10.6 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.
10.7 Notwithstanding any section of this Article, either party may request that
an independent third party serve in the capacity as a mediator or fact -finder in an effort
to assist the parties in resolving the grievance prior to proceeding to arbitration. Both
parties to the grievance must concur with proceeding to mediation or fact-finding in
order to proceed with the mediation or fact-finding.
10.8 In the event any dispute and/or difference, including discharge and
suspension, has 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.
10.9 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
19
Mediation and Conciliation Service and request a list of seven (7) 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.
10.10 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.
20
ARTICLE 11
Xnio(-- P:c
11.1 Effective October 1, 2021 all full-time employees and all part-time
employees shall receive a 4.00% increase, and the minimum of the pay range shall be
increased by 4.00% and the maximum of the pay range shall be increased by 4.00%.
Employees above the new maximum of the pay range, or who would exceed the
maximum by some amount with a 4.00% increase, will receive only a lump sum by such
amount of the 4.00% as is above the pay range maximum.
11.2 Effective October 1, 2022, all full-time employees and all part-time
employees shall receive a 3.50% increase. The minimum and the maximum of the pay
ranges shall be increased by an amount to be determined by the City of at least 1.00%
but not in excess of 3.50%. Employees above the new maximum of the pay range, or
who would exceed the maximum by some amount with a 3.50% increase, will receive
only a lump sum by such amount of the 3.50% as is above the pay range maximum.
11.3 All full-time regular employees who have been continuously employed
with the City for the time periods set out below as of December 31 each year shall
receive the longevity payment as a percentage of the employee's gross salary (annual
scheduled hours times the employee's hourly rate) or the specified dollar amount as set
out below:
60 months (five years) $850
84 months (seven years) $1,100
120 months (ten years) $1,350
180 months (fifteen years) $2,200
21
Part-time employees shall receive a longevity payment amount of 50% of full time
employees based upon their longevity category.
Actual payment by separate check or direct deposit as applicable will be made to
employees of record on the first regularly scheduled pay day in December.
11.4 Regular employees of record on October 2, 2021 in positions identified for
market adjustment shall receive designated pay adjustments effective October 2, 2021.
22
ARTICLE 12
PAID TIME OFF
Paid time off consists of three types of leave: Vacation Leave, Sick Leave and
Personal Leave. Vacation and Personal Leave are for the employee to use subject to
scheduling and approval by management. Sick Leave is only for use when an
employee is incapacitated for work due to medical reasons, or has a required medical
or dental appointment, or has an immediate family member with an illness requiring the
care of the employee.
12.1 All regular employees shall accrue Vacation Leave during employment
with the City of Tamarac. Regular employees shall be entitled to utilize Vacation Leave
after satisfactorily completing the initial probationary period and achieving regular status
in their position. Vacation Leave may be used at the employee's discretion with the
prior approval of the department director or designee. Vacation leave requests require
as much notice as the time being requested, and employees are encouraged to give as
much notice as possible. Vacation leave requests made within 48 hours will not be
granted, except for an emergency or extenuating circumstances, in which case such
vacation leave request will not be unreasonably denied.
12.2 Vacation Leave will be earned and computed at the following rates for
those employees hired on or before July 1, 1994:
SERVICE
0-60 mos. (Up to five years)
61-120 mos. (5 through 10 years)
121-180 mos. (10 through 15 years)
After completion of 15 years
PAI
VACATION LEAVE
96 hrs./yr.
120 hrs./yr.
144 hrs. /yr.
168 hrs./yr.
12.3 Vacation Leave will be earned and computed at the following rates for
those employees hired after July 1, 1994:
SERVICE
0-60 mos. (Up to five years)
61-120 mos. (5 through 10 years)
121-180 mos. (10 through 15 years)
After completion of 15 years
VACATION LEAVE
80 hrs./yr.
96 hrs./yr.
120 hrs./yr.
160 hrs./yr.
12.4 The Medical Emergency Leave Account was established in the 1996-1999
contract for the one-time transfer of the time in the Reserved Sick Leave Account. Only
a small number of long-term employees have a balance left over in this account and are
affected by this sub -section. The Medical Emergency Leave Account can be used for
medical emergencies and has no cash value. Medical emergency is defined as a
serious health condition requiring medical treatmentwhich makes the employee unable
to perform the essential duties of his/her job, or a serious health condition affecting an
immediate family member (child, spouse, parent) requiring the care of the employee.
12.5 Vacation Leave may be used as Sick Leave only if the employee's Sick
Leave has been exhausted, the Department Director has specifically authorized the use
in advance, and the employee has been off work for at least three (3) consecutive days
provided that the requirement to be off work for 3 consecutive days may be waived by
the Department Director upon proof of medical necessity.
12.6 Vacation leave will be accrued with no maximum accrual restriction.
12.7 All regular full-time employees shall earn 8 hours of sick leave per month.
Sick Leave will be accrued with no maximum accrual restriction.
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12.8 All regular full-time employees shall be credited with three (3) personal
leave days (24 hours), at the start of each fiscal year on October 1st. Every year on
October 1 st, the employee shall forfeit any personal leave not used from the prior fiscal
year. Personal leave has no cash value. Personal leave may also be used at the
employee's discretion without the prior approval of the department director or designee
when the need could not be anticipated in advance in accordance with 12.9a and 12.9b.
Full time employees who work the Compressed Work Schedule (nine days within a 2
week pay period) may convert up to three (3) hours of vacation leave to personal leave
each fiscal year. Full time employees who work four (4) days per week (either four 10-
hour days or four days of varying length) may convert up to six (6) hours of vacation
leave to personal leave each fiscal year. The City's Payroll Office must receive written
notification by October 31 signed by the employee which states that he/she chooses to
exercise this option that fiscal year. The employee forfeits the right to convert vacation
leave to personal leave for that fiscal year if he/she fails to notify the Payroll Office
within the required time frame. Any vacation leave converted to personal leave shall be
subject to the provisions regarding personal leave as specified in this Article.
On the initial fiscal year of employment, personal leave days will be awarded as
follows regardless of probationary status.
Date of Hire
Personal Leave Awarded
October 1 24 hours
October 2 — February 1 16 hours
February 2 — June 1 8 hours
12.9 If an employee takes paid time off without the prior approval of the
department director or designee, then the following guidelines shall apply:
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a. The employee shall contact his/her supervisor within one (1) hour after
starting time and advise the supervisor of the cause of the unapproved leave.
b. The obligation to contact the supervisor within one (1) hour may be waived
in emergency situations; however, actual notice must be given as soon as practicable.
C. All leave taken without prior approval of the department director or
designee shall be for the employee's illness, illness in the employee's immediate family
or for personal medical emergencies.
d. An employee who is absent from work due to illness for three (3) days or
more shall be required to submit a physician's statement. A physician's statement may
be requested for lesser periods of absence if the department director suspects, based
on the employee's leave record or other objective evidence, that sick leave is being
abused. A physician's statement for a period of absence less than three days will not
be arbitrarily or capriciously required.
e. If an employee becomes ill during the course of the workday, the
supervisor will be informed before the employee leaves the job site.
f. If an employee has applied for a specific time period for Vacation Leave
and such leave was disapproved, and the employee then alleges sickness as an
excuse for not working those hours, the employee shall provide a written doctor's
excuse for that time period.
12.10 Employees on leave without pay shall not accrue paid time off hours while
on leave without pay.
12.11 Vacation and Personal Leave will be counted as hours worked in
calculating overtime in any work week. The parties agree sick leave is a benefit
provided to employees only for use as defined above in this Article. Sick leave shall not
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count as hours worked in calculating overtime in any work week.
12.12 Regular part-time employees shall be eligible for fifty percent (50%) of all
paid time off benefits.
12.13 Upon termination, the employee shall be paid for his/her combined
accrued Vacation Leave and Sick Leave up to a maximum of 520 hours for employees
of the City prior to April 1, 1988, and up to a maximum of 420 hours for employees hired
after April 1, 1988 and shall be based upon the following formula:
Accumulated Mos. of Service
0
- 12 months
13
- 36 months
37
- 60 months
61
months plus
Percentage of Buy -Back
0%
25%
50%
100%
Upon entry into DROP, the employee may opt to be paid his/her combined accrued
Vacation Leave and Sick Leave up to a maximum of 520 hours for employees of the
City prior to April 1, 1988, and up to a maximum of 420 hours for employees hired after
April 1, 1988 based upon the above formula (subject to the limits in the definition of
Average Final Compensation in the General Pension Plan.) The employee may opt to
be paid up to 100% of the maximum amount described above from Vacation leave, or
up to 50% of the maximum amount described above from Sick leave with the balance
from Vacation leave, up to the maximum amount in this article. Upon separation from
employment, an employee who previously entered DROP will be paid any accrued
leave balance which when added to any hours paid upon entry into the DROP, is equal
to the maximum hours allowed to be paid under this article.
12.14 A regular employee on record and paid status on the last day of the fiscal
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year (September 30) who has either: (1) used twenty hours or less of accrued sick
leave in that fiscal year and has an accrued sick leave balance of 280 hours at the end
of that fiscal year OR (2) has an accrued sick leave balance of 380 hours at the end of
that fiscal year without regard to the number of sick leave hours used during that fiscal
year shall be eligible to participate in the City's sick leave conversion program. An
employee meeting these requirements may choose to have the City convert to cash up
to fifty (50) hours of the unused accrued sick leave which accumulated that fiscal year
at 60% of the employee's regular rate of pay in effect on the last day of that fiscal year.
Regular part-time employees may convert up to twenty (20) hours of unused sick leave,
if they meet one half of the requirements outlined in this sub -section. The City's Payroll
Office must receive written notification by October 31 signed by the employee which
states that he/she chooses to exercise this option for the fiscal year ending September
30. The employee forfeits the right to participate for that fiscal year if he/she fails to
notify the Payroll Office within the required timeframe.
ARTICLE 13
MEDICAL COVERAGE PROGRAM
13.1 The City shall provide group health insurance for its regular full-time
employees covered by this Agreement, subject to the following conditions:
It is agreed that the City may establish, change, supplement and implement the
City health insurance program, including but not limited to changes in the Company,
benefits and all cost related thereto. The only exception to the foregoing sentence is
that if the City exercises its right to implement any such changes, it will provide
reasonable notice and discuss with the Union the explanation of changes and reasons
thereof. The City agrees that it will continue as in the past to include the Union in the
selection process for any insurance coverage contemplated by this Article.
13.2 Retirees may continue to participate under the medical insurance program
provided by the City, subject to City requirements including paying the full insurance
premiums for medical insurance coverage.
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ARTICLE 14
BENEFIT OPTIONS
14.1 Full-time, regular employees will be entitled to two thousand dollars
($2,000.00) beginning calendar year 2023.
14.2 Regular full-time and regular part-time employees who complete probation
during the Contract year shall be entitled to a pro-rata benefit commencing with
completion of probation and attainment of regular status.
14.3 Benefit option dollars not utilized during the calendar year will be paid to
the employee in equal installments throughout the calendar year to a maximum of five
(5%) percent of the benefit option dollars.
14.4 Benefit option dollars will offset employee premium costs under the
following hierarchy:
HEALTH INSURANCE CONTRIBUTIONS
DENTAL & VISION INSURANCE CONTRIBUTIONS
FLEXIBLE SPENDING ACCOUNTS
PRE-TAX SUPPLEMENTAL INSURANCE
457(b) DEFERRED COMPENSATION
AFTER-TAX SUPPLEMENTAL INSURANCE
The list of benefit options may change as deemed appropriate by the City. The
City will provide reasonable notice and discuss with the Union the explanation of
changes and reasons thereof.
14.5 If an employee terminates, is terminated, retires, or is on unpaid leave of
absence (except for leave covered by the Family and Medical Leave Act), the balance
of fiscal year benefit options are forfeited.
14.6 Regular part-time employees shall be eligible for one thousand dollars
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($1,000.00) in benefit options in calendar year 2023 and shall be provided with all
benefit options above except health insurance.
14.7 Any employee whose probation is extended shall accrue benefit option
dollars after six (6) months which will be activated only upon successful completion of
probation.
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ARTICLE 15
MEDICAL LEAVE OF ABSENCE
FOR NON -JOB RELATED REASONS
15.1 Leaves of Absence, for non -job related reasons, may, in the sole and
exclusive discretion of the City Manager or designee, be granted to employees without
pay (after exhaustion of sick leave or other accrued leave) for recovery from illness or
injury incurred outside the scope of their employment with the City. On a leave of
absence of thirty (30) days or less, an employee shall accumulate seniority. On leaves
of absence exceeding thirty (30) calendar days, seniority shall not accumulate.
15.2 Those employees returning from medical leave of absence will furnish a
letter from their physician, attesting to their fitness to return to full employment. Such
employee shall notify the City at least ten (10) working days in advance of his/her
return. The City reserves the right to receive a second opinion as to fitness to return to
full employment by requiring a City designated doctor to conduct an examination. Such
examination will be at City expense.
15.3 Upon being pronounced physically fit and further provided they have the
necessary seniority, they shall be returned to their former status.
15.4 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 light duty available within the department. Those persons
serving in light -duty positions shall be periodically reviewed to determine whether they
are capable of returning to full employment. Light -duty employment will be provided for
a period of time to be determined by the City.
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15.5 If there are no light -duty positions available an employee may desire to be
laid off and would have the option to file for unemployment. However, the determination
of unemployment eligibility is in the full discretion of the Florida Unemployment
Compensation Department.
15.6 The City shall comply with all the provisions of the "Family and Medical
Leave Act".
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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 shall be granted in
the event of a death in the immediate family within the State of Florida. Five (5) 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 vacation or
personal leave.
16.2 Immediate family shall be defined as employee's spouse, mother, father,
brother, sister, children, grandchildren, stepchildren, step-parents, grandmother,
grandfather, father- in-law, mother- in-law, son in-law, daughter- in-law, brother- in-law,
sister- in-law and; upon proof, any person in the general family who has been living in
the employee's household and whose ties would be normally considered immediate
family.
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/she or a
family member must contact his department director or designee during the first day of
bereavement to notify the City he/she will not be at work.
16.5 The employee shall provide his/her supervisor with proof of death if
requested.
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ARTICLE 17
WORKER'S COMPENSATION INJURY
17.1 In the event a regular full-time employee suffers an injury arising out of
and in the course of his/her employment, he/she shall be entitled to receive workers'
compensation benefits subject to the following conditions, provided that none of the
conditions conflict with Chapter 440, Florida Statutes:
(a) Except in emergency situations, employees are required to receive
treatment with providers authorized by Risk Management or Workers' Compensation
provider.
(b) All workers' compensation medical benefits and leave will be provided in
accordance with the applicable workers' compensation law of the State of Florida set
forth in Chapter 440, Florida Statutes.
17.2 All injuries shall be reported promptly to the employee's supervisor or
manager in order that the employee receives appropriate medical attention and claims
are filed in a timely manner.
17.3 An employee who is on leave due to a worker's compensation injury, will
continue to have the City's portion of the employee and dependent health insurance
cost continue to be paid for the longer of twelve (12) weeks or the period of their receipt
of sick leave or vacation leave, whichever is greater. The employee may have up to an
additional twelve weeks of payment of the City's portion of these health insurance costs
based on the opinion of an employer/carrier designated physician for purposes of
treatment and/or independent medical evaluation.
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ARTICLE 18
HOLIDAYS
18.1 The City will celebrate the following holidays:
- New Year's Day
- Martin Luther King, Jr. Birthday
- President's Day
- Memorial Day
- Juneteenth
-Independence Day
- Labor Day
- Veteran's Day
- Thanksgiving Day
- Thanksgiving Day Friday
- Christmas Eve
- Christmas Day
18.2 Full-time employees shall be entitled to a normal day's pay for each
holiday celebrated by the City. Part-time employees shall be entitled to four (4) hours of
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 paid status the
scheduled working day preceding and following the holiday. Paid 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 upon
returning to work or receive approval from the department director or designee to be
compensated for said holiday.
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Any employee taking unscheduled personal leave the day before or after
a holiday without prior approval shall not be entitled to holiday pay, unless such leave is
due to a documented emergency.
18.4 If an employee is required to work on a holiday, the employee shall
receive one and one half (1 Y2) hours of holiday pay for each hour worked. Therefore, if
an employee works eight (8) hours, they shall receive twelve (12) hours of pay and an
additional eight hours of pay for the holiday.
18.5 Holidays will be counted as hours worked for all salary and benefit
purposes although the employee is not physically at work.
18.6 Any employee wishing to utilize authorized, pre -arranged leave for
religious or ethnic holidays not observed by the City, shall be permitted that opportunity
subject to operational requirements.
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ARTICLE 19
WORK WEEK, OVER -TIME AND CALL-BACK
19.1 The City Manager or designee shall establish the standard workweek and
hours of work not to exceed forty (40) hours with two (2) consecutive days off.
19.2 The lunch period shall be established and scheduled by the department
director or designee, shall be scheduled to be at least thirty (30) minutes, and shall be
without pay.
19.3 Each full-time employee working eight (8) hours or more per day shall be
entitled to two (2) paid fifteen (15) minute rest periods, one in the first half of his/her
work period and one in the last half of his/her work period. Department Directors or
their designees shall determine the rest period times for their departments.
Rest periods or breaks are provided to relieve fatigue. Therefore, combining two
daily breaks into one thirty (30) minute break, using breaks to lengthen lunch time, to
cover tardiness, or to leave work early, or accumulating breaks from day to day are not
permitted. Department Directors may permit, subject to operational needs, combining
daily breaks with lunch to only provide for a one -hour lunch period.
19.4 Employees shall report to work insufficient time and be ready for work at
the commencement of the work period. An employee who is not at work during the
approved work hours shall be considered unexcused unless such absence is approved
by the supervisor. Lateness is an unexcused absence from the start of the work shift.
Lateness in excess of seven (7) minutes, shall cause an employee to be penalized in
quarter hour (15) minute units for each infraction of such period absent. Repeated
unexcused absences, including lateness are detrimental to operational effectiveness
0-
and are grounds for disciplinary action.
19.5 All work performed in excess of forty (40) hours in any workweek shall be
paid at time and one-half or shall be compensated in compensatory time at the rate of
one and one-half (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
payment for the overtime. All accrued compensatory time must be taken by the end of
the fiscal year, or it will be cashed out by separate check. Compensatory time shall be
scheduled in the same manner as vacation. The parties agree sick leave is a benefit
provided to employees only for use as defined in Article 12. Sick leave shall not count
as hours worked in calculating overtime in any work week.
19.6 If an employee covered by this Agreement is called out to work, scheduled
or unscheduled, at a time outside and not contiguous to his/her normal working hours,
he/she shall be paid at the rate of time and one-half (1'/2) for all hours worked, or a
minimum of three (3) hours pay at regular straight hourly rate (whichever is greater). If
an employee is called out to work on his/her scheduled day off, he or she shall be paid
at the rate of time and one-half (1'/2) for all hours worked; provided that he/she will
receive a minimum of four (4) hours of straight time pay. There shall be no payment for
travel time.
19.7 If an employee is sent home through no fault of his/her own before
completing his/her regular assigned shift, he or she shall be compensated for the shift
as though he or she worked a full day.
19.8 The Public Services Department Emergency Standby Policy Number
U/97/16 as amended is incorporated by reference herein.
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ARTICLE 20
CP[\IIORITV
20.1 Seniority shall be defined as continuous length of service with the City of
Tamarac as follows:
Seniority shall consist of continuous accumulated paid service with the City.
Seniority shall be computed from the date of appointment in a regular full-time position.
Seniority shall accumulate during absence because of illness, injury, vacation, military
leave or other authorized leave.
20.2 An individual will be considered a new hire with a new starting date if
he/she is terminated or resigns at any time during his/her employment and is
subsequently re-employed. An individual will also be considered a new hire with a new
starting date if he/she returns to work after being laid off for more than twelve (12)
months.
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ARTICLE 21
PROMOTIONS
21.1 A promotion is the assignment of an employee to a position in a higher
classification within the bargaining unit, 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, whichever is
greater. However, in extraordinary circumstances, as established by all of the following:
significant differences in the scope and responsibilities of the positions
such as reflected in the classification and/or pay grade of positions and
the qualifications, work experience and performance of the employee,
the employee may receive a promotional increase of up to ten percent (10%) above the
minimum of the pay range, or up to ten percent (10%) above the current rate of pay,
which at the sole and exclusive discretion of the City, may be recommended by the
Department Director subject to approval by the City Manager.
21.2 An employee shall be placed on a six (6) month probationary period at the
time of promotion. The supervisor shall prepare an Employee Performance Evaluation
form after three (3) and six (6) months. If, at the end of the employee's probationary
period the employee's performance is satisfactory, the supervisor shall make his/her
recommendation to the Department Director, who may recommend to the City Manager
or designee that the employee be placed in regular status.
21.3 The promotional probationary period does not affect the employee's
entitlement to City benefits granted after satisfactorily completing the initial employment
probationary period.
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21.4 Before employees are hired from the outside to fill vacancies in all
occupational classifications within the bargaining unit, the Human Resources
Department shall post job vacancies within the City for a period of five (5) working days.
If the applicants are equally qualified, bargaining unit employees will be given
preference.
A department director has the right to promote a qualified employee from
within his/her department for a vacant position. If an employee is promoted in this
manner, the job vacancy will be the position vacated by the promoted employee.
21.5 All promotions shall be based on qualifications and experience related
specifically to the vacant position. If two (2) equally qualified employees are considered
for the promotion, the employee with the most seniority shall be promoted.
21.6 If at anytime during the probationary period, a promoted employee does
not prove to be satisfactory, he/she may be returned to his/her original classification at
no loss of seniority and benefits. In the event his original classification is occupied, the
employee filling that classification may be returned to his/her previous position.
In case the original classification of the returned employee is occupied by a new
probationary employee, that new probationary employee may be offered any other
vacant position for which he/she qualifies or may be terminated.
21.7 Any employee may apply and have their application reviewed for a posted
position as long as he/she has completed the initial probationary period.
21.8 The promotional probationary period may be extended for a period of
three (3) additional months at the sole and exclusive discretion of the department
director with the approval of the City Manager or his or her designee, provided that a
written reason for the extension will be given. Additional extensions may be granted by
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mutual agreement of the City and the Union. The City shall have the sole and exclusive
right to determine whether an employee successfully completes a promotional
probationary period.
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ARTICLE 22
TRANSFERS
22.1 A transfer is the switching of an employee to a job with the same pay
grade in the same or another department.
22.2 An employee may submit 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. Any such transfer maybe approved at the discretion of the affected
department directors and the City Manager or designee.
22.3 There shall be no probationary period for a transferred employee that has
satisfactorily completed a probationary period in their present job classification.
However, if during the thirty (30) day period following such transfer, if either the
employee desires to return to his/her former position or the supervisor determines the
employee is not satisfactorily performing his/her job, the employee may be transferred
back to his/her original position at no loss of seniority or benefits. If at the end of the
30-day period, the employee is not satisfactorily performing his/her job, a one-time
additional 30-day period may be extended at the sole and exclusive discretion of the
department director with the approval of the City Manager or designee, provided that a
written reason for the extension be given. Additional extensions may be granted by
mutual agreement of the City and the Union. The City shall have the sole and exclusive
right to determine whether an employee successfully completes a transfer probationary
period.
22.4 In the event his/her original classification is occupied, the employee filling
that classification may be returned to his/her previous position.
ARTICLE 23
WORK IN OTHER CLASSIFICATIONS
23.1 Each employee covered under this Agreement shall work only within
his/her regular job classification. However, in the event of temporary vacancies or
absences in a higher job classification, or a temporary, time -limited departmental need,
the City may temporarily assign an employee to a higherjob classification subject to the
following provision:
An employee temporarily assigned to a higher paying job classification
shall receive a five percent (5%) increase or an increase to the minimum of the pay
range for the higher paying job, whatever is greater for the period served in excess of
forty (40) hours in the higher classification.
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.
23.3 If an employee 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 24
LAY-OFFS
24.1 In the event it is necessary to reduce the work force, employees shall be
laid off in the inverse order of seniority by classification within a department.
Employees shall be recalled from layoff in accordance with their seniority by
classification within the department from which they were laid off. No new employees
shall be hired in any classification until all employees on layoff status in that
classification and department have had an opportunity to return to work, provided that
such employees are still qualified for the position. In the event that the City determines
that a laid -off employee is not qualified for recall, the City shall provide written
documentation substantiating its determination.
24.2 Employees of the bargaining unit who are laid off shall retain their right to
be recalled for twelve (12) months.
24.3 An employee being recalled shall be notified by certified mail (return
receipt), together with a 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.
24.4 If the City fails to receive an affirmative response, the employee shall be
removed from the recall list and the City shall have no further obligation to the
employee.
24.5 If the recall notice is returned and not receipted, the employee will be
dropped from the recall list and the City shall have no further obligation to the
employee.
24.6 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.
24.7 All employees shall receive at least one (1) month notice of layoffs; or, in
lieu of notice, one (1) month compensated time at his/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 25
SAFETY
25.1 The City and the Federation recognize the importance of an adequate
Safety Program. The City and its employees agree to share responsibility for
implementation and monitoring of the Safety Program. The City and its employees
share the responsibility for safety consciousness and awareness in the workplace, said
consciousness and awareness being necessary to ensure the safety of management,
workers, and the public.
(a) The City shall promulgate work methods and procedures in accordance with
established safety standards. It is the responsibility of City employees to follow said
work methods and procedures and promptly report any unsafe situations and/or
practices.
(b) The City shall provide all appropriate safety equipment. Employees shall use
all said appropriate safety equipment and promptly report unsafe equipment to his/her
immediate supervisor or manager.
25.2 A Safety Committee composed of representatives from the Federation and
other employees shall meet periodically for the purpose of establishing and insuring the
practice of safety for all employees. This Committee shall include no less than four (4)
members of the Federation divided among the various City departments.
25.3 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 outdoors during lightning. In
flooded areas, no employee shall be required to work in water deeper than the
protective boots provided by the City.
25.4 SAFETY SHOES - Designated employees in the Bargaining Unit shall
wear ANSI approved safety shoes to work. Anyone reporting to work not wearing
safety work shoes will be sent home without pay. The City shall choose the vendors,
make available at least eight (8) shoe styles, and provide a voucher at no cost to
employees for safety shoes. Employees may make their own selection from the
approved list. Replacement safety shoes will be provided to the employee upon the
approval of the Department Director or designee.
25.5 EQUIPMENT - The Safety Committee shall regularly review the safety
equipment used by City employees, and provide recommendations to the appropriate
department Director or designee.
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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 compensation received by the employee for
such duty will be endorsed over to the City except for mileage/travel reimbursement.
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 accordance with the "Private 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.
WE
ARTICLE 27
BULLETIN BOARDS
27.1 The City will provide one (1) bulletin board in City Hall, one (1) bulletin
board in the Public Services North Building, one (1) bulletin board in the Public Services
South Building, one (1) in the Parks Maintenance Shed, one (1) in the Recreation
Center, one (1) in the Community Center and one (1) in the Water Treatment Plant 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
Federation business.
51
ARTICLE 28
PROHIBITION OF STRIKES
28.1 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, 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 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.
52
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 competent jurisdiction, all other articles and sections of this
Agreement shall remain in full force and effect for the duration of this Agreement.
W
ARTICLE 30
MISCELLANEOUS
30.1 UNIFORMS - Employee's may be required to wear uniforms as
designated by the City.
a. The City shall supply uniforms, including cotton blend shirts, and
pants at the employee's request (subject to availability), to all field employees within the
Public Services, and Parks and Recreation departments. Cleaning of uniforms supplied
by the uniform maintenance company to all field employees within the Public Services,
and Parks and Recreation departments shall be continued.
b. Building Department Inspectors, Code Enforcement Officers,
Recreation program staff and Social Services Drivers, shall receive five (5) shirts and
three (3) trousers or shorts as needed and chosen by the City. Maintenance is the
employee's responsibility.
C. HATS - Employees will be allowed to wear an appropriate sun
shading hat approved by the department director under appropriate working conditions.
30.2 Shorts may be allowed to appropriate employees at appropriate times
through the uniform provider, with Department Director approval.
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 director in
the performance of the employee's duties.
30.4 SHOWERS - Showers will be provided for all Public Services Department
members.
30.5 LOCKERS - The City will provide locks and lockers to employees in
6T,
departments where deemed necessary and these will be the property of the City and
may be accessed for any legitimate City purpose. Appropriate signs will be posted.
30.6 PRIVATE VEHICLE COMPENSATION - The City, subject to its
authorization, agrees to compensate employees who use their own vehicles while
traveling on City business, no less than that which is provided in the applicable Florida
State Statute.
55
ARTICLE 31
SMOKE -FREE WORKPLACE
31.1 The parties to this Agreement believe that it is in the best interest of the
employees of the City of Tamarac to encourage and support efforts to curtail continued
smoking and eliminate the effects of secondary smoke on those employees who do not
smoke. To these ends, the parties agree as follows:
a. Smoking, including electronic cigarettes and similar devices will not be
permitted in City owned or leased vehicles.
b. Smoking, including electronic cigarettes and similar devices will not be
permitted in City owned or leased buildings, or on City owned property, except in areas
and at times specifically designated for smoking.
C. The union will not interfere with the City's imposing a non-smoking policy
with new hires.
d. The City will develop a program to provide assistance to employees who
desire to stop smoking.
e. There will be no change in the City's present policies with respect to the
above without collective bargaining.
56
ARTICLE 32
TERM OF AGREEMENT
32.1 This agreement shall be effective from October 1, 2021 and shall remain in
full force and effect until September 30, 2023, unless modified or changed by mutual
consent.
32.2 In 2023, the parties will begin negotiations no later than August 1st.
32.3 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.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands on the respective dates shown over the signatures.
Dated this day of , 2022.
FEDERATIQJN OF PUBLIC EMPLOYEES
BY:`v �....
Citoanager
B Y: nf )) .
Chipf Negotiator
F*.W
Hum
fi Resources Director
ATTEST.
C' Cie
rl
Gregory L dsworth
j7 Ap r as to legal sufficiency
�. Charlene -IA vadomski
Th R. Herin,
ty Attorn�,� t