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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. u 11 [.1 T : All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 5ELDQN 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction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 , _ ►o rI L 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 0 * I 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 11 0 �J 21 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 IT, L?Jl(-, L7'C 11 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. 0 1 9,V- -/ W-0 9 1 9 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. 2 CI 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". C� 1.1 3 0 r1 u R_ 9'/__/'�10 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.). M 1�,94"W-O 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. 5 _ 94 _ / �(o C� 0 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. [7 - ? ,�4- 140 IMIN MUM Ma I'd OWN1 ME I 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 7 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. � 1 )� / t7zlr,) ARTICLE 5 MANAGEMENT'S RIGHTS PAGE 3 OF 3 0 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. 0 9 ARTICLE 6 • ♦ • Wool l 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. E 0101 0 F11:1.1131:157ffine,.. • 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. 11 i�,- 9 �-, — / "elo 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. 0 12 e, 7w , X � 0 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 13 r-I L-A 0 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. 14 e, � I/— 14e—'O 0 ■ , ■ ■ ■ . ■ ■ • . j 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 15 ly,qW,1410 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. 16 F, �,�4 _'.1 z/60 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. 0 IVA 17J rI L 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. • 0 19 �_ ?4 - /440 0 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.: RE 9 41, , 114D 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. 21 /�-, /4(-o 9 0 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 22 0% 25% 50% 100% ARTICLE • • ""• "• 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 11 23 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 24 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� 25 • 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 �I , 14, /,00 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. rI 30 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. i 31 ��_ ?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 C� 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. 0 0 ME F, q �' / //-0 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. 0 35 M , � �-( --, / Z/-,D 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. i 37 r-1 L-J 9 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 '�- e� "Z — / A40 • 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. 0 39 0 , •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 / - 9�' /�-V C� 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 0 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. 0 45 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. 0 0 R UT Lei 5ry Me ►' 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. 0 0 R T 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 50 0 0