HomeMy WebLinkAboutCity of Tamarac Resolution R-94-140Temp. Reso. #6773
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-94- /10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TAMARAC, FLORIDA; AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE
FEDERATION OF PUBLIC EMPLOYEES, DISTRICT NO. 1,
MEBA, (AFL-CIO)-FPE, PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac and the Federation of Public
Employees, District No. 1, MEBA, (AFL-CIO) FPE, have collectively
bargained in good faith and have reduced said bargaining to an
agreement, and the City Council of the City of Tamarac, is desirous
of approving said agreement and providing for the proper execution
of said agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF TAMARAC, FLORIDA:
SEQTION1: That City Council approves the certain Agreement
by and between the City of Tamarac and the Federation of Public
Employees, District No. 1, MEBA, (AFL-CIO)-FPE, for the period from
October 1, 1993 through September 30, 1996, conditioned upon
execution of the Agreement by the Federation of Public Employees
and the City Manager and further conditioned upon the ratification of
the agreement by the members of the bargaining unit.
S-EQTION2: That upon the ratification of the agreement by the
members of the bargaining unit, the appropriate City Officials are
hereby authorized to execute said Agreement on behalf of the City of
Tamarac.
SE TIQN 3: That all appropriate budget transfers required to
fund the provisions of this Resolution are hereby approved.
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T : All resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
5ELDQN 5: 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.
SECT N This Resolution shall become effective
immediately upon its passage and adoption.
PASSED, ADOPTED AND APPROVED thisoof
1994.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
o form.
c
MITCHELL S. KR
CITY ATTORNEY
NORMAN ABRAMOWITZ
MAYOR
RECORD OF COUNCIL VOTE
MAYOR
ABRAMOWITZ
DIST.1:
V / M KATZ
DIST. 2:
C / M MISHKIN
DIST. 3:
C / M SCHREIBE-R
DIST. 4:
C / W MACHEK , _
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CONTRACT
BETWEEN
THE CITY OF TAMARAC
AND
THE FEDERATION OF PUBLIC EMPLOYEES, DISTRICT NO. 1, MEBA,
(AFL-CIO)-FPE
OCTOBER 1, 1993 THROUGH SEPTEMBER 30.1996
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TABLE OF CONTENTS
ARTICLE
DESCRIPTION
PAGE #
1
Preamble..........................................................
1
2
Recognition.....................................................
2
3
Equal Opportunity .........................................
3
4
Definitions......................................................
4-6
5
Management's Right .....................................
7-9
6
Federation Representation .......................
10
7
Dues Deduction and Check -Off ................
11
8
Probationary Period ....................................
12 .
9
Substance Abuse ...........................................
13.14
10
Grievance and Arbitration Procedure..
15-18
11
Wages.................................................................
19
12
Paid Time Off........................................6........
20-22
13
Medical Coverage Program .......................
23
14
Benefit Options .............................................
24-25
15
Medical Leave of Absence ..............6..........
2 6 - 2 7
16
Bereavement Leave ......................................
28
17
Workers' Compensation .........................6....
29
18
Holidays............................................................
30-31
19
Work Week, Over -Time and Call -Back
32-34
20
Seniority..........................................................
35
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Promotions......................................................
36-37
22
Transfers.........................................................
38
23
Work In Other Classifications ................
39
24
Lay-Offs......................................'.....................
40-41
25
Safety................................................................
42
26
Jury Duty and Appearance as Witness
43
27
Bulletin Boards ..............................................
44
28
Prohibition of Strikes ................................
45
29
Savings Clause ...............................................
46
30
Miscellaneous.................................................
4 7 - 4 8
31
Smoke Free Workplace ...............................
49
32
Term of Agreement ......................................
50
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This Agreement is entered into this 44iday of 1994,
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, District No. 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.
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LOGNITION
2.1 The City agrees to hereby recognize the Federation of Public
Employees, District No. 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 Base #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.
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3.1 The City and the Federation shall not discriminate against any
member of the bargaining unit on the basis of race, religion, color, creed,
sex, age, national origin, handicap, Federation membership or activity, or
lack of Federation membership or activity with exception to Article 10,
10.8. The City and the Union shall comply with all provisions of the
"Americans With Disabilities Act".
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j EEINITIONS
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.
CLASSIFICATIM
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.
F=RATIO-N OF PUBLIC EMPLOYEES:
A division of District No. 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 „TTIMUMPLQYFF-
An employee holding a regular budgeted position scheduled to work a
minimum of forty (46) hours per week.
PART-IlIdE EMELQYfL-
An employee holding a regular budgeted position scheduled to work a
minimum of twenty (20) hours per week.
PAY STATUS:
An employee who is physically at work or is on an authorized leave
of absence with pay.
pERC:
Public Employees Relations Commission, a regulatory state agency
created under CH. 447 (F.S.).
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Public Employees Relations Act, CH. 447 (F.S.), as subsequently
amended governing collective bargaining with public employees. , .
RE ULAR PQ51TION:
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.
PROBATIQNARY(NEW HIRU-
An employee who is serving a probationary period prior to being
appointed to a regular position.
PROBATIONARY,EMPLOYEE (PROMQTIQN):
An employee who is serving a probationary period prior to attaining
regular status in a higher classification.
PROBATIONARY PERIQ12 (NEW _HIRE):_
A specified period of time wherein the employee's performance is
evaluated in order to attain regular status.
PROBATIONARXRERIOD (PROMQLlQUh
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.
Continuous length of service with the City of Tamarac in a regular
full-time position.
ART-T M
Employees who have a predetermined termination date. Temporary
empioyees shall not be covered by any of the provisions of this
Aareement.
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UNIT:
That group of empioyees determined by the City of Tamarac and
approved by the Florida Public Employees Relations Commission to
be appropriate for the purpose of *Collective Bargaining.
WQRK WEEK:
The standard work week shall consist of 40 hours.
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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, transfer, schedule, train, assign and
retain employees in positions with the City and to establish procedures
therefore.
5.4 To suspend, demote, discharge, lay off or take other
disciplinary action against employees for just cause in accordance with
the 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. 0
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ARTICLE 5
MANAGEMENT'S RIGHTS
PAGE 2 OF 3
5.7 To determine the number of all employees who shall be
employed by the City, the job description, activities, assignments and the
number of hours and 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
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.
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ARTICLE 5
MANAGEMENT'S RIGHTS
PAGE 3 OF 3
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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 controi of the City. However, if any changes are made
regarding any policies and procedures, the City will give the Federation
one (1) week 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 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
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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 five (5) employee representatives, only one of whom shall be an
employee regularly assioned to the night shift, and who may attend all
oargaining 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.
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7.1 Employees covered by this Agreement
may authorize payroll
deductions for the purpose of paying Union deductions. Deductions shall be
deducted monthly and the funds shall be remitted
to the Treasurer of the
Federation within thirty (30) days along with a
list of employees 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.
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0 ABTICLE 5
8.1 At any time during the initial employment Probationary Period,
the department head or City Manager 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 and City Manager of the employee's progress. Two (2) and four
• (4) month reviews reflecting less than satisfactory progress may be cause
for immediate termination of employment. The probationary period is six
(6) months from the first date of employment.
8.3 The probationary period may be extended once for a period of
three (3) additional months at the sole and exclusive discretion of the
department head with the approval of the City Manager or his or her
designee.
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Section 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. The City has required all
non -bargaining employees to comply with the policy set forth herein. The
City of Tamarac shall have the right and authority to require employees to
submit to toxicology and alcohol testing designed to detect the presence
of any controlled substance, narcotic, drug, or alcohol. The City agrees
that requiring employees to submit to testing of this nature shall be •
limited to circumstances where one (1) supervisor and the Department
Head of the employee have a reasonable belief that the employee is under
the influence of such substances. It is also understood by the parties that
the aforementioned authority to require an employee to submit to such
testing must also be approved by the Department Head, or his designee.
within the Department.
Section 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.
Section 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.
Section 4: The results of such test may result in appropriate
disciplinary actions, up to and including dismissal, in accordance with the
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applicable provisions of the City Code, the City Personnel Rules, and/or
the Departmental Rules and Regulations.
Section 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 Personnel Rules, and the
Departmental Rules and Regulations shall be subject to disciplinary action
up to and including the termination of their employment.
Section 6: The City agrees to create an Employee Assistance
Program (EAP) and to fund it during the term of this Agreement.
Section 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.
Section 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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10.1 A grievance shall be defined as any controversy or dispute
arising between the parties involving questions of interpretation or
application of the terms and provisions of this Agreement and other
conditions of employment. Having a desire to create and maintain labor
relations harmony between them, the parties hereto agree that they will
promptly attempt to adjust all complaints, disputes, controversies or
other grievances arising between them involving questions of
interpretation or application of the terms and provisions of this
Agreement and other conditions of employment.
10.2 Thus, should differences or disputes arise between the parties
to this Agreement or between the employees covered herein and the City,
other than cases of discharge and/or suspension, the aggrieved party to
this Agreement 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, said employee shall first discuss promptly the alleged
grievance with the immediate supervisor, either privately, or if said
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employee prefers, accompanied by the on -site Federation representative
within seven (7) working days of the date of the occurrence of the event
• giving rise to the grievance. The supervisor shall then respond within
seven (7) working days.
STEP
In the event the aggrieved employee and/or the Federation is
not satisfied with the decision of the supervisor, the grievant and/or the
on -site Federation representative shall present the grievance in writing
to the employee's department head within seven (7) working days of the
date of the aforesaid decision. Upon presentation of this written
grievance to the department head, and within seven (7) working days
thereafter, the department head, the employee and the on -site Federation
representative shall attempt to resolve the dispute. Within seven (7)
working days thereafter, the department head shall render a decision in
Swriting to both the employee and to the on -site Federation representative.
SIEP 3
In the event the aggrieved employee and/or the Federation is
not satisfied with the written answer to Step 2 above, the said grievance
shall be presented within seven (7) working days after the written answer
above to the City Manager or designee, who will, within seven (7) working
days of the receipt of same, meet with a representative of the Federation
in an attempt to resolve the said grievance. At this meeting, the employee
and/or the on -site Federation representative may also be present. Within
seven (7) working days after this meeting, the City Manager or designee
shall render a decision in writing.
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10.3 In the event an employee is discharged or suspended by the
City, the aggrieved party to this Agreement or employee or employees
shall, within seven (7) working days, grieve his discharge and/or
suspension to the City Manager or designee who shall, within seven (7)
working days of the receipt of the same, meet with a representative of
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 With respect to discharge or suspension, the City shall notify
the affected employee no later than ten (10) working days from the date
the City Manager or designee fixes the responsibility for the incident upon
which the discharge and suspension is based.
10.5 The City's failure to comply with the ten (10) working day
period shall automatically move the grievance to the next step of the
grievance procedure.
10.6 The time limitations provided in this Article shall be strictly
observed. Failure to observe these time limitations will move the
grievance to the next step. These time limitations may be extended only
by written agreement of the parties.
10.7 Application to this procedure shall prevent the grievant from
appealing to any other available procedure or visa -versa.
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10.8 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.
10.9 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 0 0) working days from the receipt of the decision of the
previous step.
10.10 The arbitrator shall be appointed by mutual consideration
of the parties. In the event the parties are unable to agree upon a neutral
arbitrator within ten (10) working days after the arbitration is invoked,
either party may petition the Federal Mediation and 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.
10.11 The decision of said arbitrator shall be final and binding
upon both parties. The arbitrator shall not be empowered to alter, amend,
add to, or eliminate any provisions of this Agreement. Expenses of the
arbitrator shall be borne equally by both parties.
its own expenses.
Each party shall pay
ARTICLE 11
11.1 Within two (2) weeks of the date that the City Council
approves this Bargaining Agreement, a lump sum payment of $400.00, less
normal deductions shall be made to each member of the Bargaining Unit.
11.2 Effective October 1, 1994, all regular full-time employees and
all regular part-time employees shall receive a three percent (3%)
increase.
11.3 Effective October 1, 1995, all regular full-time employees and
all regular part-time employees shall receive a three percent (3%)
increase.
11.4 All full-time, regular employees who have completed at least
84 months (seven (7) years) of service by 12/31, shall receive a lump sum
LONGEVITY payment annually in the amount of two -percent (2%) of their
annual gross salary. Actual payment will be made on the first regularly
scheduled pay day in December.
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Paid time off consists of two types of leave:
Paid time off and Sick
Leave. Paid time off is for the employee to use subject only 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.
12.1 All employees shall be entitled to paid time off for
satisfactorily completing a six-month (6) probationary period. Paid time
off may be used at the employees discretion after prior approval of the
department head.
12.2 Paid time off should 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 yrs.)
61-120 mos. (5 through 10 yrs.)
121-180 mos. (10 through 15 yrs.)
After completion of 15 yrs.
ANNUAL LEAVE
27 pd days per year (216 hrs.)
30 pd days per year (240 hrs.)
33 pd days per year (264 hrs.)
36 pd days per year (288 hrs.)
12.3 Paid time off should be earned and computed at the following
rates for those employees hired after July 1, 1994.:
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SERVICE ANNUAL LEAVE 9
0-60 mos. (up to five yrs.) 20 pd days per year (160 hrs.)
61-120 mos. (5 through 10 yrs.) 25 pd days per year (200 hrs.)
12 1 -180 mos. (10 through 15 yrs. 30 pd days per year (240 hrs.)
After completion of 15 yrs. 35 pd days per year (280 hrs.)
12.4 Maximum accrual of paid time off for employees of the City
prior to April 1, 1988 shall be 520 hours. The maximum accrual of annual
leave for employees hired after April 1, 1988 shall be 280 hours.
12.5 An incentive will be given to any employee who accumulates
paid time off in excess of the maximum accrual provided for in Section
12.3 The balance will be placed in a Reserved Sick Leave Account to be
used for medical emergencies. The Reserved Sick Leave Account has no
cash value.
12.6 Employees shall maintain a minimum of 80 hours of paid time
off in order to insure against serious illness. This protection shall be
closely monitored.
12.7 If an employee takes paid time off without the prior approval
of the department head then the following guidelines shall apply:
A. The employee shall contact his/her supervisor within one 0
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 head
shall be for the employee's illness, illness in the employee's immediate
family or for personal medical emergencies.
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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 of
physical condition. The department head may require proof of illness any
time when an employee has less than 80 hours paid time off as provided in
Section 12.5.
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 paid
time off 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.
12.8 Employees on leave without pay shall not accrue paid time off
hours while on leave without pay.
12.9 Paid time off will be counted as hours worked in calculating
overtime in any work week.
12.10 Permanent part-time employees shall be eligible for fifty -
percent (50%) of all paid time off benefits.
12.11 Upon termination, the employee shall be paid for paid time off
accrued based upon the following formula:
0 - 12 months
13 - 36 months
37 - 60 months
61 months plus
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25%
50%
100%
ARTICLE
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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.
13.2
The cost of medical
benefits
paid
by employees during the
fiscal year
1993/1994 only will
remain at
the
following monthly amounts
for that fiscal year:
HUMANA (HMO)
Single Coverage
Family Coverage
HUMAN PPO)
Single Coverage
Family Coverage
$92.03
$ 24.48
$210.73
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14.1 At time of ratification, full-time, regular employees will be
entitled to one thousand three hundred ($1,300.00) dollars in benefit
options per fiscal year. Effective October 1, 1994, the benefit option
shall be increased to $1,425.00; and effective October 1, 1995, the benefit
option shall be increased to $1,550.00.
14.2 Full-time employees who complete probation during the
Contract year shall be entitled to a pro-rata benefit commencing with
completion of probation.
14.3 Benefit option dollars not utilized during the contract year
will be paid to the employee in the last pay period of the fiscal year to a
maximum of five (5%) percent.
14.4 Benefit options may be selected on an annual basis from the
following list:
DEPENDENT HEALTH INSURANCE
DENTAL (INDIVIDUAL OR INDIVIDUAL & DEPENDENT)
OPTICAL (INDIVIDUAL OR INDIVIDUAL & DEPENDENT)
DEFERRED COMPENSATION
DAY-CARE NURSERY
GROUP LONG-TERM DISABILITY
GROUP SHORT-TERM DISABILITY
GROUP TERM LIFE INSURANCE AND AD&D
MEDICAL REIMBURSEMENT
14.5 If an employee terminates, is terminated, retires, or is on
unpaid leave of absence, the balance of fiscal year benefit options are
forfeited.
9
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14.6 Permanent part-time employees shall be eligible for fifty
percent (50%) of all benefit options above except dependent health
insurance and health insurance deductible.
L�
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• ARTICLE 15
0
21 mm• ndl .
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 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 0 0)
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
26
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.
15.6 The City shall comply with all the provisions of the "Family
Leave Act" and the law with respect to pregnancy leave.
•
27
•
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 paid time off.
16.2 Immediate family shall be defined as spouse, child, mother,
father, sister, brother, grandmother, grandfather, grandchild, step parent,
. step -child and in-laws,
or upon
proof, any
person in the general
family
whose ties would be
normally
considered
immediate family and
living
C1
within the same household.
16.3 In authorizing bereavement leave, the supervisor shall obtain
the following information from the member and have it entered for payroll
purposes:
- relationship of the deceased to the employee
- dates of absence requested.
16.4 In order for an employee to be eligible for bereavement leave,
he must contact his department head during the first day of bereavement
to notify the City he will not be at work.
_:
•
ARTICLE
W PE ION INJURY
17.1 In the event a regular full-time employee suffers an injury
arising out of the course of his/her employment, he/she shall be entitled
to receive workers' compensation benefits subject to the following
conditions:
(A) The injury must be attributable to the employee's occupation
in the City and be considered as such under the rules and regulations of
the workers' compensation statute of the State of Florida.
(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.
29
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18.1 The City will celebrate the following holidays:
- New Year's Day
- President's Day
_ Memorial Day
-Independence Day
- Labor Day
- Veteran's Day
- Thanksgiving Day
- Thanksgiving Day Friday
- Christmas Day
-Martin Luther King, Jr. Birthday
18.2 All full-time and regular part-time employees shall be
0 entitled to a normal day's pay for each holiday celebrated by the City.
18.3 Should a holiday fall on a Saturday or Sunday, the City will
designate either the preceding Friday or following Monday for observance.
To be eligible for paid holiday, an employee must be in pay
status the scheduled working day preceding and following the holiday. Pay
status shall be defined as physically being at work or on an authorized
leave with pay. If a holiday occurs during an employee's vacation, there
shall be no charge from vacation leave for said holiday.
An employee who is absent from work the day before or after a
holiday without prior approval due to an illness, must submit a physician's
statement or a statement of authorization from the department head to be
compensated for said holiday.
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18.4 If a normal work day falls on a holiday and an employee is
required to work, the employee shall receive one and one half 0 1 /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, 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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��_ ?1/-, / (-/C)
1'�* ARTICLE 19
19.1 The City Manager or designee shall establish the standard work
week and hours of work not to exceed forty (40) hours with two (2)
consecutive days off. -
19.2 The lunch period shall be established by the department head
with the approval of the City Manager or designee. If an employee takes a
one (1)
hour
lunch period, it is
understood no
breaks will be
taken
during
his/her
shift.
If an employee
takes a thirty
(30) minute
lunch
period,
he/she shall receive a break of fifteen (15) minutes during the first half
of his/her work shift and fifteen (15) minutes during the second half of
his/her work shift.
Notwithstanding the above, due to the nature of the work, Public
Works and Utility employees shall have a one-half (1 /2) hour scheduled
lunch break and two (2) fifteen (15) minute break periods, one (1) in the
first half of the shift and one (1) in the second half of the shift.
19.3 A member who is not at work during the approved hours shall
be considered unexcused unless such absence is approved by the
supervisor. Repeated lateness is detrimental to operational effectiveness
and is grounds for disciplinary action. Lateness, which is an unexcused
absence from the start of work shift, 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.
WN
F"9V'ire
19.4 All work performed in excess of forty (40) hours in any work
is
week shall be paid at time and one-half or shall be compensated in
compensatory time at the rate of one and one-half (1 1 /2) hours of
compensatory time for each hour worked in excess of forty (40) hours.
Employees working a thirty-five (35) hour work week, who are required to
work additional hours, shall be paid straight time for hours worked
between thirty-five (35) and forty (40) and time -and -one-half 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.
19.5 If an employee covered by this Agreement is called out to
work, scheduled or unscheduled, at a time outside and not contiguous to
his normal working hours and works less than two (2) hours, he shall
receive a minimum of three (3) hours pay at regular time at the basic rate
of pay. If an employee is called out to work outside his normal working
hours between Sunday night through Friday morning and works over two
(2) hours, he will be allowed to report to work one (1) hour after his
scheduled shift has started but will be credited for working eight (8)
hours for the following day. If an employee is called out to work at a time
outside his normal working hours on Friday or Saturday and works over
two (2) hours, he shall receive a minimum of four (4) hours pay at regular
time at the regular basic rate of pay. There shall be no payment for travel
time. Any hours worked in excess of forty (40) hours will be paid at one
and one-half times the basic rate of pay.
•
33
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19.6 If an employee is sent home through no fault of his own before
completing his regular assigned shift, he shall be compensated for the
shift as though he worked a full day.
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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.
Seniority shall accumulate during absence because of illness, injury,
vacation, military leave or other authorized leave.
20.2 In the event it is necessary to reduce the work force, all
layoffs shall be according to seniority by classification within a
department. All regular full-time employees who are laid off shall be
recalled by seniority prior to the City hiring new full-time employees. All
regular part-time employees shall be recalled by seniority prior to the
City hiring new part-time employees. Those members of the bargaining
unit who are laid off shall retain their right to be recalled for up to and
including twelve (12) months.
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35
M
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21.1 A promotion is the assignment of an employee to a position in
a higher classification, having a higher maximum salary, than the position
from which assignment is made. Such employee being promoted shall
receive the minimum of the new pay grade or a five (5%) percent increase,
whichever is greater.
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 Appraisal and Development Plan form after three (3) and six
(6) months, and make his/her recommendations to the City Manager or
designee for 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, 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.
A department head 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.
36
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 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 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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L-J
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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 shall
be approved at the discretion of the affected department heads, 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.
In the event his/her original classification is occupied, the
employee filling that classification may be returned to his/her previous
position.
NP
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•
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 (S%) increase 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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•MORW41
24.1 Seniority shall be defined as continuous length of service with
the City of Tamarac. Seniority shall commence from the employee's first
date of employment.
24.2 In the event it is necessary to reduce the work force, all lay-
offs shall be according to seniority by classification within a department.
24.3 Employees of the bargaining unit who are laid off shall retain
their right to be recalled for twelve (12) months. Laid -off employees of
the bargaining unit shall be recalled prior to the City's hiring any new
employees for that job classification.
24.4 An individual will be considered a new hire with a new
starting date if he/she returns to work after being laid off for more than
twelve (12) months. An individual will also 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.
24.5 An employee being recalled shall be notified by certified mail
(return receipt), together with a carbon copy to the Federation, and shall
have seven (7) working days from the date of receipt of notice to respond
affirmatively. The City reserves the right to temporarily assign
employees to the vacancy until the recalled employee reports to work.
.LI
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24.6 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.
24.7 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.
24.8 In the event of layoffs or abolition of a position, the City shall
endeavor to find another position in the City for the employee in
accordance with ARTICLE 20 SENIORITY.
24.9 All employees shall receive at least one (1) month notice of
layoffs; or, in lieu of notice, one (1) month compensated time at his/her 40
regular rate of pay. The Federation shall be furnished copies of all layoffs
at the same time as the laid -off employee receives notice.
Cl
41
�'- �� -/ ��-o
• ARTICLE 25
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K-1 -
25.1 The City and the Federation recognize the importance of an
adequate Safety Program. A Safety Committee composed of
representatives from the Federation and other bargaining units shall meet
periodically for the purpose of establishing and insuring the practice of
safety for all employees. This Committee shall consist of no less than
four (4) members of the Federation divided among the various City
departments.
25.2 EMERGENCY CONDITIONS - If an employee covered by this
Agreement is required, due to emergency conditions to work in the service
of the City in foul or severe weather, the City shall provide him with
appropriate foul -weather gear.
Under no circumstances shall an employee be required to work
during cloud -to -ground lightning. In flooded areas no employee shall be
required to work in water deeper than the protective boots provided by the
City.
25.3 SAFETY SHOES - Designated employees in the Bargaining Unit
shall wear safety shoes to work. Anyone reporting to work not wearing
safety work shoes will be sent home. Quality safety shoes shall be
provided by the City at no cost to the employees.
25.4 EQUIPMENT - The Safety Committee shall regularly review as a
meeting agenda item the safety of equipment used by City employees.
42
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.
43
•
ARTICLE 27
BULLETIU BOARDS
C�
27.1 The City will provide one (1) bulletin board in City Hall, one (1)
bulletin board in the Public Works Department, (2) bulletin boards in the
Utility West Department, (1) in Operations, and (1) in the Water
Accountability area for the exclusive use of the Federation and solely for
posting of official union materials.
27.2 The Federation agrees the material posted shall not reflect
adversely on the City.
27.3 Notices or bulletins of the Federation to be posted shall
normally be submitted in advance to the City Manager or designee.
27.4 The bulletin boards, authorized by the City for use by the
Federation, may be used by the Federation, under the terms of this Article,
only for the purpose of posting the following notices and announcements:
(a) Notices of Federation meetings and minutes of meetings;
(b) Notices of Federation elections;
(c) Notices of Federation appointments to office;
(d) Notices of Federation recreational, social affairs and
benefits;
(e) Newsletters;
(f) Any other notices of a general nature regarding
Federation business.
CLI
1.1
ARTICLE Z8
r ROHIBITION 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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E
7q' 4 " 1,�4v
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.
Ems
•
30.1 UNIFORMS - The City shall supply uniforms, including 100%
cotton shirts, to all field employees within the Public Services
Department and Utility Division. Maintenance is the employees'
responsibility, except for cleaning of uniforms to all field employees
within the Public Services Department and Utility Division.
30.2 Building Department Inspectors shall receive five (5) shirts
and three (3) trousers and/or shorts, as needed. Code Enforcement
Officers shall receive two (2) shirts and two (2) shorts/trousers.
Maintenance is the employee's responsibility.
30.3 Water Accountability Technicians in the Utility Department
may wear appropriate shorts.
30.4 PERSONAL PROPERTY - The City will not be responsible for the
loss of any personal property unless the equipment is required by the
department head in the performance of the employee's duties.
30.5 SHOWERS - Showers will be provided for all Utility and Public
Works Department members.
30.6 LOCKERS - Lockers will be provided to employees in
departments where deemed necessary.
30.7 HATS - Employees will be allowed to wear an appropriate sun
shading hat approved by the department head under appropriate working
conditions.
47
30.8 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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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:
1. Smoking will not be permitted in City owned or leased
vehicles.
2. 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.
3. The union will not interfere with the City's imposing a non-
smoking policy with new hires.
4. The City will develop a program to provide assistance and
incentives to employees who desire to stop smoking.
5. There will be no change in the City's present policies with
respect to the above without collective bargaining.
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shall be effective from October 1, 1993, and
3Z.1 This agreement 1996} unless
shall r :main in full force and effect until September 309
modified or changed by mutual consent. n ne otiations no later than
3Z.Z In 1996, the parties will begs g
August 1 st.
3 Z.3 Any
Federal, State or Local Legislation which has impact upon
be reviewed by both parties with advice of 1ega
this Agreement shallappropriate.
couns
el so as to properly adjust to comply with the law when appro p
IN WITN
ESS WHEREOF, The parties hereto have here1"nt0 se
their hands on the respective dates shown over the signatures -
ails
pay of
Dated this 1994.
BY:
FEDERA r1ON OF PUBLIC EMPLOYEES
CITY MANAGER
ROBERT WILSON
.,COTT LONDON
L`
BY:
Z'
Director
Labor09
city Clerk
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0
0