HomeMy WebLinkAboutCity of Tamarac Resolution R-99-315Temp. Reso. No. 8838
11 /24/99
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99--t!L5
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE 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, 1999 THROUGH SEPTEMBER 30, 2002; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Agreement between the City of Tamarac and the Federation of
Public Employees (FPE), expired September 30, 1999; 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 Personnel, Director of Utilities, Assistant Director of Public Works, Budget
Officer, Budget Analyst, Management Intern, Assistant to the City Manager, former
Personnel Analyst; and
WHEREAS, the City of Tamarac and the FPE have collectively bargained in
good faith and have reduced said bargaining to an Agreement (Exhibit A); and
WHEREAS, on November 22, 1999 the membership of the FPE, ratified the
Agreement; and
WHEREAS, it is the recommendation of the City Manager and the negotiating
team to approve the Agreement; and
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Temp. Reso. No. 8838
11 /19/99
Page 2
WHEREAS, as a condition of the acceptance and ratification of the Agreement,
the City and the FPE have agreed to make certain amendments to Chapter 16 of the
Code of the City of Tamarac (the Pension Ordinance) effective October 1, 1999
providing changes to the General Employee's Pension as outlined in the attached letter
(Exhibit B); and
WHEREAS, the City Commission of the, City of Tamarac, Florida deems it to be
in the best interests of the citizens and residents 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:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and hereby made a specific part of this Resolution.
SECTION 2: That the City Commission approves the Agreement, attached as
"Exhibit A" by and 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, 1999 through September 30,
2002.
SECTION 3: That since the members of the Bargaining Unit ratified the
Agreement on November 22, 1999, the appropriate City Officials are hereby authorized
to execute said Agreement on behalf of the City of Tamarac.
SECTION 4: That the City will prepare amendments to Chapter 16 of the Code
of the City of Tamarac (the Pension Ordinance) for consideration by the Pension Board
and the City Commission as outlined on Exhibit B.
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Temp. Reso. No. 8838
11 /19/99
Page 3
SECTION 5: That all appropriate budget transfers required to fund the provision
of this Resolution are hereby approved.
SECTION 6: All resolutions or parts in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 7: If any clause, section, or other part of application of this
Resolution is held by an order 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 8: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this aZ `V! of November, 1999.
ATTEST:
CAROL GOLD, C
CITY CLERK
I HERE Y CERTIFY that I
h9W a proved this RESOI
as
MlN¢HELL S- KF?j
CI ATTORNEY
L'
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JOE SCHREIBER
Mayor
RECORD OF COMMISSION
MAYOR SCHREIBER .._.J
DIST 1:
COMM, PORTNER
DIST 2: „
V/M MISHKIN
DIST 3:
COMM. SULTANOI=
DIST 4:
COMM. ROSERTU
s
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 1,1999 THROUGH SEPTEMBER 30, 2002
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TABLE OF CONTENTS
ARTICLE
DESCRIPTION
PAGE #
1
Preamble...............................................................
1
2
Recognition...........................................................
2-5
3
Equal Opportunity ................................................
6
4
Definitions ..........................................
5
Management's Rights .........................................
10-12
6
Federation Representation .................................
13
7
Dues Deduction and Check -Off ..........................
14
8
Probationary Period .............................................
15-16
9
Substance Abuse Program .................................
17-18
10
Grievance and Arbitration Procedure ................
19-22
11
Wages....................................................................
23-24
12
Paid Time Off ........................................................
25-29
13
Medical Coverage Program ................................
30
14
Benefit Options .....................................................
3132
15
Medical Leave of Absence ..................................
33-34
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Bereavement Leave .............................................
35-36
17
Workers' Compensation ......................................
37
18
Holidays.................................................................
38-39
19
Work Week, Over -Time and Call -Back ..............
40-41
20
Seniority.................................................................
42
2iPromotions
............................................................
43-44
22
Transfers................................................................
45
23
Work In Other Classifications .............................
46
24
Lay-Offs..................................................................
47-48
25
Safety.....................................................................
49-50
26
Jury Duty and Appearance as Witness .............
51
27
Bulletin Boards .....................................................
52-53
28
Prohibition of Strikes ...........................................
54
29
Savings Clause ......................................................
55
30
Miscellaneous.......................................................
56-57
39.
Smoke Free Workplace .......................................
58
32
Term of Agreement ..............................................
59
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ARTICLE 1
PREAMBLE
This Agreement is entered into this day of , 1999, 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 i - 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.
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ARTICLE 2
RECOGNITION
2A 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 as follows:
Accounting Clerk
Back -flow Technician
Billing Representative
Building Custodian
Building Custodian Crew Leader
Building Inspector/Plans Examiner
Building Maintenance Technician
Bus Driver
Buyer
Carpenter
Chemist
Chief Electrical Inspector
Chief Mechanical Inspector
Chief Structural Inspector
Chief Plumbing Inspector
Code Enforcement Clerk
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Code Enforcement Officer
Customer Service Representative
Customer Service Representative/Cashier
Distribution Supervisor
Drafter I
Drafter II
Electrical Inspector/Plans Examiner
Electrician
Engineering Construction Inspector
Engineering Construction Inspector/Plans Examiner
Engineering Technician
Equipment Operator I
Equipment Operator II
Facility Attendant
Facility Management Supervisor
Field Technician
Fleet Mechanic I
Fleet Mechanic II
Fleet Services Supervisor
HVAC Maintenance Mechanic
Instrument & Control Technician
Landscape Crewleader
Landscape Supervisor
Maintenance Supervisor
Maintenance Worker I
Maintenance Worker 11
Maintenance Worker III
3
Mechanic 1
Mechanic II
Mechanic III
Occupational License Specialist
Office Assistant
Office Specialist
Parks & Recreation Crew Leader
Parks Maintenance Supervisor
Permit Clerk I
Permit Clerk 11
Planning Technician
Plumbing Inspector
Purchasing Clerk
Purchasing Coordinator
PW Services Coordinator
Records Specialist
Recreation Assistant
Recreation Coordinator
Scada System Specialist
Secretary
Senior Bus Driver
Senior Cashier/Customer Service Representative
Senior Code Enforcement Officer
Senior Fleet Mechanic
Senior Trades -person
Senior Occupational License Specialist
Stormwater Crewleader
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Stormwater Specialist
Stormwater Supervisor
Streets Crewleader
Streets Supervisor
Structural Inspector
Supplies Coordinator
Technical Services Specialist
Technical Support Representative I
Technical Support Representative II
Transmission Supervisor
Transportation Supervisor
Utilities Technician
Utility Services Representative
Warehouse Coordinator & Dispatcher
Wastewater Service Worker I
Wastewater Service Worker If
Wastewater Supervisor
Water Accountability Supervisor
Water Plant Operator "B"
Water Plant Operator "C"
Water Plant Operator Trainee
Water System Operator I
Water System Operator 11
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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, disability,
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".
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ARTICLE 4
D FINITIONS
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 EMPLOYES:
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.).
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PERA:
Public Employees Relations Act, CH. 447 (F'.S.), as subsequently amended
governing collective bargaining with public employees.
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): 0
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.
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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.
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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 0
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shifts to be worked per week including starting and quitting time of all employees subject
to one (1) week 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 one
week 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
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procedures, the City will give the Federation one (1) week notice before any changes are 0
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
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.
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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, 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.
0 6.2 The membership of the Federation shall be represented by its authorized
Business Representatives. It shall be the
e responsibility of the Federation to notify the City
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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 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.
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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.
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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.
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8.4 The probationary y 0
p ry period may be extended twice for 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.
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ARTICLE 9
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 test are 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
0 to fund it during the term of this Agreement.
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9.7 The Union agrees to comply with the drug and alcohol testing 0
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.
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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 other than 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 an barg
aining g ainin g unit member. No person covered
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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.
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STEP 2 0
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 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 0
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
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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 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 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
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Presented to the City Manager or designee within ten (10) working days from the receipt 0
of the decision of the previous step.
10.8 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
Conciliation 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.
10.9 The decision of said arbitrator shall be final and binding upon both parties.
The arbitrator shall not be empowered to after, amend, add to, or eliminate any provisions
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of this Agreement. Expenses of the arbitrator shall be borne equally by both parties. Each
party shall pay its own expenses.
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ARTICLE 11
WAGES
111 Effective October 1, i999, all full-time employees and all part-time
employees shall receive a four percent (4%) increase, and the minimum of the pay range
shall be increased by 3% and the maximum of the pay range shall be increased by 4%.
Employees above the new maximum of the pay range, or who would exceed the maximum
by some amount with a 4% increase, will receive only a lump sum by such amount of the
4% as is above the pay range maximum.
=2 Effective October 1, 2000, all full-time employees and all part-time
0 employees shall receive a four percent (4%) increase. The minimum and maximum of the
pay ranges shall be increased by an amount to be determined by the City of at least 2% but
not in excess of 4%. Employees above the new maximum of the pay range, or who would
exceed the maximum by some amount with a 4% increase, will receive only a lump sum
by such amount of the 4% as is above the pay range maximum.
113 Effective October 1, 2001, all full-time employees and all part-time
employees shall receive a four percent (4%) 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 2%
but not in excess of 4%. Employees above the new maximum of the pay range, or who
would exceed the maximum by some amount with a 4% increase, will receive only a lump
. sum by such amount of the 4% as is above the pay range maximum.
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11.4 All full-time, regular employees who have completed at least 84 months
(seven (7) years) of full-time service by 12/31, shall receive a lump sum LONGEVITY
payment annually in the amount of two and one half percent (2.5%) of their annual gross
salary. 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.
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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 be entitled to 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.
12.2 Vacation Leave will be earned and computed at the following rates for
those employees hired on or before July J., 1994:
SERVICE
0-60 mos. (Up to five years)
61-120 mos. (5 through 1.0 years)
121-180 mos. (10 through 15 years)
After completion of 15 years
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VACATION LEAVE
12 pd days/yr. (96 hrs.)
15 pd days/yr. (120 hrs)
18 pd days/yr. (144 hrs)
21 pd days/yr. (168 hrs)
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12.3 Vacation Leave will be earned and computed at the following rates for
those employees hired after July 1, 1994:
SERVICE
VACATION LEAVE
0-60 mos. (Up to five years)
10 pd days/yr. (80 hrs.)
61120 mos. (5 through 10 years)
12 pd days/yr. (96 hrs)
121180 mos. (10 through 15 years)
15 pd days/yr. (120 hrs)
After completion of 15 years
20 pd days/yr. (160 hrs)
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 treatment which 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.
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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.
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 1st, 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.
On the initial fiscal year of employment,
Ypersonal 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:
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.
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b. The obligation to contact the supervisor within one (1) hour may be 0
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 work day, 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.
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12.11 Paid time off will be counted 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 7.,1988, and up to a maximum of 360 hours for employees
hired after April J.,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
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Percentage of Buy -Back
0%
25%
50%
100%
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.
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ARTICLE 14
BENEFIT OPTIONS
14.1 Full-time, regular employees will be entitled to sixteen hundred and fifty
($1,650.00) dollars in benefit options in fiscal year 2000 (effective 01-01-2000). The
benefit option will Increase to seventeen hundred and fifty ($1,750.00) dollars in fiscal year
2001(effective 01-012001) and to eighteen hundred and fifty ($tB50.00) dollars in fiscal
year 2002 (effective 01-01-2002).
1.4.2 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 contract year will be paid to the
employee in the last pay period of the fiscal year to a maximum of five (5%) percent of the
benefit option dollars.
14.4 Benefit options maybe allocated on an annual basis to the following list of
benefits:
HEALTH INSURANCE
DENTAL INSURANCE
DEFERRED COMPENSATION
DEPENDENT CARE REIMBURSEMENT
GROUP DISABILITY/ACCIDENT AND SICKNESS INSURANCE
INTENSIVE CARE, CANCER, SUPPLEMENTAL LIFE INSURANCE
LONG TERM CARE INSURANCE
MEDICAL REIMBURSEMENT
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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 eight hundred and twenty
five dollars ($825.00) in benefit options in fiscal year 2000 (effective 01-01-2000), eight
hundred and seventy five ($875.00) dollars in fiscal year 2001.(effective 01-012001) and
nine hundred and twenty five ($925.00) dollars in fiscal year 2002 (effective 017012002)
and shall be provided with all benefit options above except health insurance, and short-
term disability 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.
0 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
0 provided there is light duty available within the department. Those persons serving in light-
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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.
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.
i5.6 The City shall comply with all the provisions of the "Family and Medical
Leave Act" and the law with respect to pregnancy leave.
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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, grand children, step children, 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
0 bereavement to notify the City he/she will not be at work.
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16.5 The employee shall provide his/her supervisor with proof of death if 0
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
within the City's managed care network.
(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.
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
-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 0
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.
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0 An employee who is absent from work he t day before or after a holiday without
prior approval due to an illness, must submit a physician's statement or receive approval from
the department director or designee to be compensated for said holiday.
a.8.4 If an employee is required to work on a holiday, the employee shall receive one
and one half (11/2) 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, 0 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 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 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. 0
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.
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 six
(6) 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 and are grounds for disciplinary action. •
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0 19.5 All work performed in excess of 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 (11/z) 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. Compensatory time shall be scheduled in the same manner as vacation.
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 1/z) for all hours worked; or a minimum of
three (3) hours pay at regular straight hourly rate (whichever is greater). If an employee is
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'Vs) 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 Utilities Department Emergency Standby Policy Number U/97/16 as
amended is incorporated by reference herein.
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ARTICLE 20
SENIORITY
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- 0
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.
212 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
0 period the employee's performance is satisfactory, the supervisor shall make his/her
0
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.
21.4 Before employees are hired from the outside to fill vacancies in all
occupational classifications within the bargaining unit, the Personnel 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.
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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 any time 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.
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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 may be 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 ninety (90) 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.
22.4 In the event his/her original classification is occupied, the employee filling
that classification may be returned to his/her previous position.
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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, 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 shall
receive a five percent (5%) increase for the period served in excess of forty (40) hours in
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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
iqualified for recall, the City shall provide written documentation substantiating its
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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.
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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
0 weather, the City shall provide him with appropriate foul -weather gear.
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10
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
safety shoes to work. Anyone reporting to work not wearing safety work shoes will be
sent home. Quality safety shoes shall be provided by the City at no cost to the
employees.
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
0 reimbursed in accordance with the "Private Vehicle Compensation" section, ARTICLE 30
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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.
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ARTICLE 27
BULLETIN BOARDS
27.1 The City will provide one (1) bulletin board in City Hall, one (1) bulletin board
In the Public Works Building, one (1) bulletin board in the Utility Building, one (1) in the
Parks Maintenance Shed, one (1) in the Recreation Center, and one (1) in the Water
Treatment Plant for the exclusive use of the Federation and solely for posting of official
union materials.
City.
27.2 The Federation agrees the material posted shall not reflect adversely on the
C]
27.3 Notices or bulletins of the Federation to be posted shall normally be 0
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;
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(f) Any other notices of a general nature regarding
Federation business.
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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.
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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.
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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 100% cotton shirts, and
pants at the employee's request (subject to availability), to all field employees within the
Public Works, Utilities and Parks and Recreation departments. Cleaning of uniforms
supplied by the uniform maintenance company to all field employees within the Public
Works, Utilities and Parks and Recreation departments shall be continued.
•
b. Building Department Inspectors, Code Enforcement Officers, and .
Social Services Drivers, shall receive five (5) shirts and three (3) trousers 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.
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30.4 SHOWERS - Showers will be provided for all Utility and Public Works
Department members.
30.5 LOCKERS - The City will provide locks and lockers to employees in
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.
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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 will not be permitted in City owned or leased vehicles.
b. Smoking 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.
58
•
.7
ARTICLE 32
TERM OF AGREEMENT
32.1 This agreement shall be effective from October 1, 1999, and shall remain
In full force and effect until September 30, 2002, unless modified or changed by mutual
consent.
32.2 In 2002, 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.
4yc
Dated this Day of 1999.
FEDERgTION OF PUBLIC EMPLOYEES L
BY.
M r
Torres `/
• n J BY: l Cl i�
Jim
Arillo
/ John Fletcher
Lillian Pabon
Doug Ritchie
• 1 Vin t Sclacca
59
BY.
*' Chief Negotiator ..J
BY..