HomeMy WebLinkAboutCity of Tamarac Resolution R-90-221Temp. Reso. #5888-
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-90--ag2L
A RESOLUTION APPROVING AN AGREEMENT WITH THE
FEDERATION OF PUBLIC EMPLOYEES (WHITE COLLAR
AND BLUE COLLAR): AUTHORIZING THE PROPER
CITY OFFICIALS TO EXECUTE SAID AGREEMENT,ON
BEHALF OF THE CITY= AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Tamarac and the Federation of
Public Employees have collectively bargained in good faith
and have reduced said bargaining to an agreement, and the
City Council of the City of Tamarac, Florida, is desirous of
approving and providing for the prbper execution of said
agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That that certain agreement by and between
the City of Tamarac and the Federation of Public Employees
(White Collar and Blue Collar) for the period from October 1,
1990, through September 30, 1993, is hereby approved, a copy
of said agreement being attached hereto and made a part
hereof.
SECTION 2: That the appropriate City Officials are
hereby authorized to execute said agreement on behalf of the
City of Tamarac.
SECTION 3: That all appropriate budget transfers
` required to fund the provisions of this Resolution are hereby
approved.
SECTION 4: This Resolution shall become effective
immediately upon adoption. D
PASSED, ADOPTED AND APPROVED this •Z day of W, 19909
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this TION as to
fo
ALAN F. RU
CITY ATTORN
RECORD OF COUNCIL VOTE
MAYOR ABRAMOWITZ
DISTRICT 1:
C/M ROHR
DISTRICT2:
C/M SCHUMANN
DISTRICT 3:
V/M HOFFMAN
DISTRICT4:
-C/M BENDER
ic-9o-aa(
CONTRACT
BETWEEN
THE CITY OF TAMARAC
AND
THE FEDERATION OF PUBLIC EMPLOYEES-FPE
OCTOBER 1, 1990 THROUGH SEPTEMBER 30, 1993
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TABLE OF CONTENTS
ARTICLE NUMBER
DESCRIPTION PAGE NUMBER
1
Preamble..•.••rw...r...•wr.....r..«rrr.r.«r.1
2
Recognition...........r........«............2
3
Equal Opportunity....w..r.wrw..«...r.r...r• V
4
Definitions........ r•w...r.... ....«.........4-6
5
Management's Rights ...............««....«.«.7.9
6
Federation Representation ...................30
7
Dues Deduction and Check-off..«....r......w.11
8
Probationary...:..r.....................w...13
9
Substance Abuse..." ..........................13-18
10
Grievance and Arbitration Procedure...... ... 19-23
11
wages........w..............................34
12
Annual Leave................r...............25-27
13
Medical Coverage Program... moos* see ....r...w28-30
14
Benefit Options.......w.............«.......31
15
Medical Leave of,Absence ................««w.32,33
16
Bereavement Leave ...................y..w....34
17
Workers' Compensation........ w..............35
18
Holidays.....r...r ..............w...........36,37
19
Work Week, Over -time and Call-back..........38,39,39A
20
Seniority ............. w.....................40
21
Promotions., ................................41,42
22
Transfers.....«...............«.......:......43
23
Work in Other Classifications ..... r....«.w„w44
24
Lay-Offs«..................«................45,46
25
Safety......w..:.w..............«.............47,48
26
Jury Duty and Appearance as a Witness«..«...49
27
Bulletin 8aards.........w...w...............50
28
Prohibition of Strikesrr....................51
29
Savings Clause..............................52
30
Miscellaneous.... .....................w.....53
31
Term of",greement ..................«........51
Page i
f,-50 •gat
ARTICLE 1
.. •flta�ntKrar.r
This Agreement is entered into this day of
1990, by and between the City of Tamarac, Florida, a
municipal corporation of the State of Florida hereinafter referred to
as the "City" and the Federation of Public Employees, a division of
District No._1 _Marine Engineers Beneficial Association/National
Maritime Union, AFL-CIO, hereinafter referred to as the "Federation".
U__.
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.
Page 1
g. 96, C2,� I
ARTICLE 2
RECOGNITION
2.1 The City agrees to hereby recognize the Federation of Public
Employees, a division of District No..l, Marine Engineers Beneficial
Association/National Maritime Union AFL-C10 as the sole and
exclusive bargaining agent for the purpose of collective bargaining
with respect to wages, hours and conditions of employment for those
employees of the City working within Case #RC 78-036 (White Collar)
and Case #8H-RC-773 0026 (Slue Collar) as certified by the Public
Employees' Relations Commission of the State of Florida.
Page 2
0
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ARTICLE 3
UAL OPPORTUNITY
3.1 The City and the Federation shall not discriminate against
any member of the bargaining unit on the basis of race, religion,
color, creed, sex, age, national origin, handicap, Federation
membership or activity, or lack of Federation membership or activity
with exception to Article 10, 10.8.
3.2 For the sake of convenience, the use of the male gender
herein, is intended to apply to both male and female employees.
Page 3
0
ARTICLE 4
DEFINITIONS
The following words shall have the meaning herein given them:
AGREEMENT:
That document which delineates the items and terms which were
mutually agreed to as the result of -collective bargaining.
CLASSIFICATION:
A position or group of positions having similar duties and
responsibilities, requiring similar qualifications,
which can be properly designated by one title indicative of
the nature of the work and which carry the same salary range.
DEPARTMENT HEAD:
Responsible for the day-to-day operation of a department of
the City workforce, whose responsibility includes developing
efficient work schedules, proper assignment of personnel for
efficient operation, budgeting expenses, -developing the
potential of employees in the department, keeping the City
Manager informed a.s to the progress of the department. The
department head shall authorize disciplinary action deemed
necessary for the orderly and efficient operation of the
department.
FEDERATION OF PUBLIC EMPLOYEES:
A div Sion of District No. 1, Marine Engineers Beneficial
Association/National Maritime Union, AFL-CIO, which has been
granted the rigto represent exclusively the members of the
bargaining unit. Association is synonymous with "FPE" when
referred to herein.
FULL-TIME EMPLOYEE:
An employee holding a permanent budgeted position scheduled to
work a minimum of forty (40) hours per week.
Page 4
ARTICLE 4
DEFINITIONS
PAGE 2 OF 3
PART-TIME EMPLOYEE:
An employee holding a permanent budgeted
work a minimum of twenty (20) hours per
g- 90-d-02,
position scheduled to
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, g regulatory state
agency created under CH. 447 (F.S),.
PERA:
Public Employees Relations Act, CH. 447. (F.S.), as sub-
sequently amended governing collective bargaining with
public employees.
PERMANENT POSITION:
Any position vacant or filled which is designated as such by
the City budget.
PERMANENT STATUS:
An employee classified in'a position designated by the
City budget who has satisfactorily completed the probationary
period.
PROBATIONARY EMPLOYEE (NEW HIRE):
An employee who is serving a probationary period prior
to being appointed to a permanent position.
PROBATIONARY EMPLOYEE (PROMOTION): '
An employee who is sere ng a probationary period prior
to attaining permanent status in a higher classification.
PROBATIONARY PERIOD_(NEW_HIRE):
A specified period of time wherein the employee's performance
is evaluated in order to attain permanent status.
PROBATIONARY PERIOD PROMOTION): -
A specified period of time whereby the employee's performance
is carefully evaluated in order to attain permanent status in
a higher classification.
PROMOTION:
The assignment of an employee to a position in a higher
classification, having a higher maximum salary, than the
position from which assignment is made.
Page 5
ARTICLE 4
DEFINITIONS
PAGE 3 OF 3
SENIORITY:
Continuous length of service with the City of Tamarac in a
permanent position.
TEMPORARY OR TEMPORARY PART-TIME EMPLOYEES:
Employees who have a predetermined termination date.
Temporary employees shall not be covered by any of the
provisions of this Agreement.
UNIT%
That group of employees determined by the City of Tamarac and
and approved by the Florida Public Employees Relations
Commission to be appropriate for the purpose of Collective
Bargaining.
WORK WEER:
The standard work week shall consist of 40 hours.
Page 6
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ARTICLE 5
MANAGEMENT'S RIGHTS
5.1 The Federation recognizes the right of .the City to oper-
ate, manage and direct affairs of all departments within the City,
except as otherwise expressly provided elsewhere in this Agreement,
including the exclusive right:
5.2 To manage, direct and.totally supervise without interfer-
ence from the employees of the City.
5.3 To hire, re -hire, promote, transfer, schedule, train,
assign and retain employees in positions with the City and to
establish procedures therefore.
5.4 To suspend, demote, discharge, lay off or take other
disciplinary action againot 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.
Page 7
1� - 50 - C2_C24,
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, responsi-
bilities or requirements within job descriptions. Such action will
first be submitted to the Federation for review.
5.11 It is understood by the parties that every incidental duty
connected with operations enumerated in job descriptions is not
always specifically described and employees, at the discretion of the
City, may be required to perform incidental duties within their
department not within their job description, but within the realm of
related duties.
Page 8
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ARTICLE 5
. MANAGEMENT'S RIGHTS
PAGE 3 OF 3
5.12 The City shall formulate all City policies and procedures
including rules and regulations which will serve as a guide for the
conduct, responsibilities and duties of all employees covered by this
Agreement. The use, location, operation and personal policies
including care and maintenance of .any, equipment or property of the
City used by the employees covered by this Agreement shall be subject
to the exclusive direction and control of the City. However, if any
changes are made regarding any policies and procedures, the City will
give the Federation two (2) weeks notice before any changes are made.
5.13 Any right, privilege or function of the City not specifi-
cally 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.
Page 9
9 - 90,C2�z 1
ARTICLE 6
FEDERATION REPRESENTATION
6.1 Neither party, in negotiation, shall have any control over
the selection of the negotiating or bargaining representatives of the
other party. The bargaining committee of the Federation shall
consist of not more than four (4) employee representatives who may
attend all bargaining sessions during working hours at no loss of
pay. The Federation will furnish the City Manager or designee with a
written list of the Federation's bargaining committee prior to the
first bargaining meeting and substitution changes thereto if
necessary.
6.2 The membership of the Federation shall be represented by
its authorized business representatives. It shall be the
responsibility of the Federation to notify the City Manager or
designee in writing of any change in the designation of its
authorized business representatives subsequent to the execution of
this Agreement.
Page 10
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ARTICLE 7
DUES DEDUCTION AND CHECK -OFF
7.1 Employees covered by this Agreement may authorize payroll
deductions for the purpose of paying Union deductions. Deductions
shall be deducted monthly and the funds shall be remitted to the
Treasurer of the Federation within thirty (30) days along with a list
of employees whose deductions are remitted. The Federation will, not
be required to reimburse the City for administrative costs of payroll
deductions withheld by the City.
7.2 The Federation will initially notify the City of the amount
of deductions. Such notification will be certified to the City in
writing over the signature of an authorized officer of the
Federation. Changes in Federation deductions will be similarly
certified to the City and shall be done at least one (1) month in
advance of the effective date of such change.
7.3 The City shall have no responsibility or liability for any
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.
Page 11
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ARTICLE 8
PROBATIONARY PERIOD
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.
Page 12
F'
PAGE 1
SUBSTANCE ABUSE PROGRAM
hl"TrT.V Q
SUBSTANCE ABUSE
INTENT
9.1 The intent of this Article is to help and assist an
employee who is either chemically dependent or a chemical abuser.
The Federation and the City further agree that:
Acknowledgement that alcohol and drug abuse are
illnesses which are treatable and will be given the
same consideration as any other illness, with the
emphasis on rehabilitation, not termination of the
employee.
Assurance that neither the City nor the Union is
concerned with social drinking.
Assurance that the employee will not be disciplined
for having this illness. That job performance is the
only criteria for referral to the program (except for
voluntary self -referrals) .
Assurance that entering the program will not effect the
member's future promotional opportunities or job security.
Assurance that the best available treatment will be
offered through established benefit plans and health
insurance coverage.
Assurance that all records and discussions will remain
confidential.
Page 13
4, W .,zz
PAGE 2
SUBSTANCE ABUSE PROGRAM
GENERAL TESTING POLICY
9.2 The City will bargain with the Union before implementing
any aspect or change in drug testing policy.
All employees will be clearly informed of what drugs or
substances are prohibited.
The city will provide an educational program aimed at
heightening the awareness of drug and alcohol -related problems and
treatment alternatives.
The testing policy shall not pertain to any substances
which are consumed away from the workplace or on the employee's free
time unless the employer can prove that consumption during non-
working hours is affecting on--the-job performance.
No bargaining unit member will be subject to any testing
policy or procedure that isn't applied equally to all other em-
ployees, including management and supervisory personnel.
Page 14
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PAGE 3
SUBSTANCE ABUSE PROGRAM
GROUNDS FOR TESTING
9.3 Random alcohol or drug testing of any kind is prohibited.
If the City possess facts leading to a reasonable basis upon which to
conclude that probable cause exists which is confirmed by at least
two (2) supervisors who believe a current employee may be under the
influence of a substance and/or chemical while on duty, a physical
examination by a reputable and reliable medical doctor can be
recommended by the department head for the employee in question.
The medical doctor, after a physical examination of the
employee, may determine the employee is under the influence of a
substance or chemical and, thereby, recommend testing to determine
such influence/abuse.
Probable cause shall be based upon specific observation by the
supervisors who shall be able to describe the appearances of behavior
and/or patterns which led to the suspicion of influence/abuse.
Suspicion is not reasonable nor is it a basis for testing if it is
based solely on third party information.
Page 15
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Q.SO-.2aq
PAGE 4
SUBSTANCE ABUSE PROGRAM
TEST SELECTION
9.4 The City must obtain the Union's consent in selecting the
type of test and laboratory facility which will perform the analysis.
Only laboratories and test products which are routinely
inspected and checked for sensitivity and specificity will be used.
(Sensitivity is the ability to correctly identify a specimen contain-
ing drugs. Specificity is the ability to correctly identify a speci-
men containing no drugs.)
The parties agree that the laboratory used shall meet all
National Institute for Drug Abuse (NIDA) standards for certification.
Laboratory personnel must be trained and experienced in the operation
and maintenance of all testing equipment and in the analysis of test
results. Laboratory personnel responsible for performing the drug
test must be qualified to appear as expert witnesses in the event
such testimony is required.
The Union and/or Management retains the right to demand a
change in test product or laboratory based on information which
challenges the accuracy or quality of either. The Union also retains
the right to demand a change in test product or laboratory when a
superior alternative of either is available.
The employer will verify correct specimen ownership
identification.
Page 16 i
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PAGE 5
SUBSTANCE ABUSE PROGRAM
CONSE UENCES OF TESTING POSITIVE
9.5 If an employee is found to have an abuse problem, the
employee shall not be terminated or suspended and will immediately be
put into a substance recovery program. As long as the employee
complies with the Substance Recovery Program, no disciplinary action
will be taken.
All samples which test positive will be retested using gas
chromatrography and mass spectometry from the original sample.
An employee who tests positive shall have the right to
challenge the accuracy of the test results before entering the
Substance Recovery Program.
Page 17
PAGE 6
SUBSTANCE ABUSE PROGRAM
EMPLOYEE RIGHTS
9.6 The employee will have the right to Union representation
during any part of a substance abuse testing process.
The employee will be given a sample of his or her own
specimen so that a separate test can be administered.
All test results will be kept confidential and will be
available only to a designated City representative, a designated
Union representative or a designated legal representative.
Any employee who tests positive shall be given access to
all written documentation available from the testing laboratory which
verifies the accuracy of the equipment, the qualification of lab
personnel, the chain of custody of the specimen and the accuracy rate
of the laboratory.
Employees using medication or drugs lawfully prescribed
shall notify the City in advance of the use of same and it shall not
constitute grounds of reasonable suspicion of any substance abuse.
SUBSTANCE ABUSE COMMITTEE
i
9.7 A Substance Abuse Committee will be formed consisting of
three members of the Union and three Management;personnel. This
Committee will meet no later than February 28, 1988.
The purpose of this Committee will be to monitor the
Substance Abuse Article. If there is an area of dispute which cannot
be resolved by the Committee members, the issue would then revert to
Step 3 of the Grievance Procedure.
Page 18
ARTICLE 10
GRIEVANCE AND ARBITRATION PROCEDURE
10.1 A grievance shall be defined as any controversy or dispute
arising between the parties involving questions of interpretation or
application of the terms and provisions of this Agreement and other
conditions of employment. Having a desire to create and maintain
labor relations harmony between them, the parties hereto agree that
they will promptly attempt to adjust all complaints, disputes,
controversies or other grievances arising between them involving
questions of interpretation or application of the terms and provisions
of this Agreement and other conditions of employment.
10.2 Thus, should differences or disputes arise between the
parties to this Agreement or between the employees covered herein and
the City, other than cases of discharge and/or suspension, the ag-
grieved party to this Agreement shall use the following procedures:
STEP 1
In the event an employee believes there is a basis for a
grievance, said employee shall first discuss promptly the alledged
grievance with the immediate supervisor, either privately, or if said
employee prefers, accompanied by the on -site Federation representative
within seven (7) working days of time of the date of the occurrence of
the event giving rise to the grievance. The supervisor shall then
respond within seven (7) working days.
Page 19
ARTICLE 10
GRIEVANCE AND ARBITRATION PROCEDURE
PAGE 2 OF 5
STEP 2
In the event the aggrieved employee and/or the Federation
is not satisfied with the decision of the supervisor, the grievant
and/or the on -site Federation representative shall present the
grievance in writing to the employee's department head within seven
(7) working days of the date of the aforesaid decision. Upon
presentation of this written grievance to the department head, and
within seven (7) working days thereafter, the department head, the
employee and the on -site Federation representative shall attempt to
resolve the dispute. Within seven (7) working days thereafter, the
department head shall render a decision in writing to both the
employee and to the on -site Federation representative.
STEP 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.
Page 20
ARTICLE 10
GRIEVANCE AND ARBITRATION PROCEDURE
PAGE 3 OF 5
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 griev-
ant from appealing to any other available procedure or vice -versa.
Page 21
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ARTICLE 10
GRIEVANCE AND ARBITRATION PROCEDURE
PAGE 4 OF 5
10.8 Nothing in this Article shall require the Federation to
process grievances for employees who are not members of the Feder-
ation, 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 (10) working days from the receipt
of the decision of the previous step.
10.10 The arbitrator shall be appointed by mutual consideration
of the parties. In the event the parties are unable to agree upon a
neutral arbitrator within ten (10) working days after the arbitration
is invoked, either party may petition the Federal Mediation and Con-
ciliation Service and request a list of five (5) qualified arbitrators
and from said list the parties shall alternately strike and select a
single arbitrator to preside as a neutral at the hearing involving the
grievance.
10.11 The decision of said arbitrator shall be final and binding
upon both parties. The arbitrator shall not be empowered to alter,
amend, add to, or eliminate any provisions of this Agreement.
Expenses of the arbitrator shall be borne equally by both parties.
Each party shall pay its own expenses.
Page 22
ARTICLE 10
GRIEVANCE AND ARBITRATION PROCEDURE
PAGE 5 OF 5
10.12 In the event an employee has been disciplined to the extent
he or she has been suspended or discharged and is reinstated by an
arbitrator's decision, the employee shall be reinstated with all back
pay and with no loss or impairment of any rights under this Agreement
or other rules and regulations of the City unless directed otherwise
by the arbitrator.
10.13 In the event any employee has been suspended and the
suspension is upheld, that employee, upon the expiration of the
suspension, shall be fully reinstated to his former position with no
loss or impairment of any of his rights under this Agreement or other
rules and regulations of the City unless otherwise directed by the
decision of the arbitrator.
Page 23
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ARTICLE 11
WAGES
11.1 Effective October 1, 1990, all permanent full-time and all
permanent part-time employees shall receive a six -percent (6%)
increase.
11.2 Effective October 1, 1991, each permanent full-time and
each permanent part-time employee.shall receive'a five -percent (58)
increase.
11.3 On October 1, 1992, all permanent full-time and all
permanent part-time employees shall receive a four -percent (4%)
increase.
11.4 All full-time, permanent employees who have completed at
least 84 months (seven (7) years) of service by 12/31, shall receive
a lump sum LONGEVXTY 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.
11.5 During the period January 1991 through December 1991, all
new eligible employees shall receive their regularly scheduled
longevity payment (2%) on their anniversary date plus a prorated
longevity payment on the first regularly scheduled pay day in
December 1991. All eligible employees from January 1, 1990 through
December 31, 1990 will receive their scheduled longevity payment on
their anniversary date, plus a prorated longevity payment on the
first pay date in December, 1990, All subsequent longevity payments
will be made on the first pay date in December. After December 1991,
all new eligible employees shall receive their longevity payment in
accordance with the procedures and time frames specified in Sec.11.5.
Page 24
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ARTICLE 12
ANNUAL LEAVE
12.1 All employees shall be entitled to Annual Leave for
satisfactorily completing a six-month (6) probationary period.
Annual Leave may be used at the employees discretion after prior
approval of the Department Head.
12.2 Annual Leave should be earned and computed at the follow-
ing rates:
SERVICE
0-60 months (up to 5 years)
"61-120 months (5 through 10 years)
121-180 months (10 through 15 yrs)
After completion of 15 years
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 Maximum accrual of annual leave 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.
12.4 An incentive will be given to any employee who accumulates
annual leave in excess of the maximum accrual provided for in Section
12.3. At the end of each fiscal year an employee will be paid fifty --
percent (50%) for all hours in excess of the applicable maximum accrual.
The balance (50%) will be placed in a Reserve Sick Fund to be used first
in the event of the employee's.illness. The Reserve Sick Fund benefit is
not paid to an employee upon termination.
12.5 Employees shall maintain a minimum of 80 hours of annual
leave in order to insure against serious illness. This protection shall
be closely monitored.
Page 25
ARTICLE 12
ANNUAL LEAVE
PAGE 2 OF 3
12.6 If an employee takes Annual Leave without the prior approval
of the Department Head then the following guidelines shall apply:
A. The employee shall contact his/her supervisor within one (1)
hour after starting time and advise the supervisor of the cause of the
unapproved leave.
B. The obligation to contact the supervisor may be waived in
emergency situations.
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 emergencies.
D. An employee who is absent from work due to illness for three
(3) days or more shall be required to submit a physician's statement of
Physical condition. The Department Head may require proof of illness at
any time when an employee has less than 80 hours annual leave 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.
12.7 Employees on leave without pay shall not accrue Annual Leave
hours while on leave without pay.
12.8 Paid Annual Leave will be counted as hours worked in calcu-
lating overtime in any work week.
12.9 Permanent part-time employees shall be eligible for fifty -
percent (50%) of all Annual Leave benefits.
Page 26
(,~ go- a,2
ARTICLE 12
ANNUAL LEAVE
PAGE 3 OF 3
12.10 Upon termination, the employee shall be paid for annual
leave accrued based upon the following formula:
Accumulated
Months of Service
Percentage of Bu -Sack
0
- 12
months
0%
13
- 36
months
25%
37
- 60
months
50%
61
months plus
100%
Page 27
J,-96-,;2-2 f
ARTICLE 13
MEDICAL COVERAGE PROGRAM
13.1 The City shall provide group health insurance coverage, at
no cost to the employee, for all "permanent full-time employees
commencing on the closest first of the month to either the 60th or
90th day of employment, depending on date of hire. Permanent, full-
time employees hired between the 1st and 15th shall receive health
insurance coverage effective the lst of the month closest to their
60!+ day of employment. Permanent, full-time employees hired between
the 16th and the end of the month shall receive health insurance
coverage effective the 1st of the month closest to their 90th day of
employment.
13.2 From laovember 1, 1990 through October 31, 1991, the
following carrier HUMANA (HMO), HUMANA (PPO) (free choice of
physician) will be the only options an employee may choose if they
desire to be covered by a group health insurance plan. If an
individual is eligible for Medicare, he/she may choose to select
Medicare as has/he primary provider in lieu of one of the City group
health insurance plans.
Page 28
/�-9o--2ai
• ARTICLE 13
MEDICAL COVERAGE PROGRAM
PAGE 2 OF 3
13.3 If the employee desire to waive his/her group health
insurance coverage and seek insurance as a private individual, the
City will contribute the single coverage rate of up to $142.60
monthly toward the individual's private insurance. If an employee
desires to waive his/her family coverage, the City will pay up to
$257.08. In order for an employee to be compensated in this fashion,
he/she must submit an invoice from the health insurance carrier and a
cancelled check proving payment. Unless there is an actual
expenditure of money by the employee for medical insurance, there
will be no reimbursement by the City.
13.4 The health insurance rates from November 1, 1990 through
October 31, 1991 as listed below showing the City and the employee's
monthly contribution.
HUMANA (HMO)
Single Coverage
Family Coverage
HUMANA (PPO)
Single Coverage
Family Coverage
PAID BY CITY PAID BY EMPLOYEE
MONTHLY MONTHLY
124.68 -0-
257.08 92.03
142.60 24.48
257.08 210.73
Page 29
ARTICLE 13
MEDICAL COVERAGE PROGRAM
PAGE 3 OF 3
13.5 The Bargaining Unit will be notified when the City is
soliciting proposals for group health insurance coverage so it may
submit a list of insurance representatives and/or companies to be
included on the City's bidders list.
13.6 If the Bargaining Unit has health insurance proposals for
consideration, they may submit them to the City for review at any
time during the term of this contract, for insurance coverage for the
next fiscal year.
13.7 The City has the right to select and change health
insurance companies in its sole and exclusive discretion at no loss
or reduction of benefits. However, alternative cost containment
plans may be offered. Such decision shall not be subject to the
GRIEVANCE AND ARBITRATION PROCEDURE,
13.8 The City shall make available optional Health and Life
Insurance coverage for retiring employees.
13.9 The parties agree this Article will be subject to an annual
re -opener because of the nature of the insurance industry in South
Florida.
Page 30
,� -�0-a2C2.,
ARTICLE 14
BENEFIT OPTIONS
14.1 At time of ratification, full-time, permanent employees
will be entitled to one thousand three hundred ($1,300.00) dollars in
benefit options per fiscal year.
14.2 Full-time employees who complete probation during the
Contract year shall be entitled to a pro -rate 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 maybe selected on an annual basis from
the following lists
DEPENDENT HEALTH INSURANCE
DENTAL (INDIVIDUAL OR INDIVIDUAL AND DEPENDENT)
OPTICAL (INDIVIDUAL OR INDIVIDUAL AND 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.
14.6 Permanent part-time employees shall be eligible for fifty
(500) percent of all benefit options above except dependent health
insurance and health insurance deductible.
Page 31
JC-9o-aa{*
ARTICLE 15
MEDICAL LEAVE OF ABSENCE
15.1 Leaves of Absence may 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 (10) working days in advance of his/her return. The City
reserves the right to receive a second opinion as to fitness to return
to full employment by requiring a City designated doctor to conduct an
examination. Such examination will be at City expense.
15.3 Upon being pronounced physically fit and further provided they
have the necessary seniority, they shall be returned to their former
status.
15.4 If an employee cannot perform their normal duties and is still
capable of performing a (light -duty) position, the City will agree to
place the employee in that position provided there is a vacancy within
the department. Those persons serving in light -duty positions shall be
reviewed every two (2) months to determine whether they are capable of
returning to full employment. Light -duty employment will be provided
for a maximum of six (6) months. No light -duty positions will be
created unless recommended by the Department Head and approved by the
City Manager.
Page 32
ok - 9 o - a212.(.
ARTICLE 15
MEDICAL LEAVE OF ABSENCE
PAGE 2 OF 2
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 Upon employee request, leaves of absence shall be granted female
employees because of pregnancy through the third month following
delivery. Such employee who has acquired seniority as provided in
Article 6, may commence the leave of absence at the end of the third
Ord) month of pregnancy. The effective date of leaves of absence for
medical reasons normally will be the last day worked. If, however, the
employee has earned unused vacation or sick leave and requests payment
for same prior to being placed on medical leave of absence, the
effective date of the leave will be the last day of such vacation
and/or sick leave.
Page 33
ARTICLE 16
BEREAVEMENT LEAVE
16.1 To express the City's concern for an employee during time
of -bereavement, three (3) working days of bereavement leave with pay
shall be granted in the event of a death in the immediate family
within the State of Florida. Five (5) working days will be granted
in the event of a death outside the State of Florida and the employee
travels outside the State of Florida in response to that death. Any
requests for additional leave will be granted whenever possible to be
taken from annual leave.
16.2 Immediate family shall be defined as spouse, child, mother,
father, sister, brother, grandmother, grandfather, grandchild, step
parent, step -child and in-laws, or upon proof, any person in the
general family whose ties would be normally considered immediate
family and living within the same household.
16.3 In authorizing bereavement leave, the supervisor shall
obtain the following information from the member and have it entered
for payroll purposes:
-relationship of the deceased to the employee
-dates of absence requested
16.4 In order for an employee to be eligible for bereavement
leave, he must contact his Department Head during the first day of
bereavement to notify the City he will not be at work.
Page 34
X.50.,a�l
ARTICLE 17
WORKERS' COMPENSATION INJURY
17.1 Any employee who is disabled during the course of his
scheduled working hours with the City of Tamarac, which disability
would be compensated under the workers' Compensation Statutes, shall
utilize either sick time or vacation time for the first five (5)
working days of the disability.
17.2 Thereafter, the City shall supplement the employee's
Workers' Compensation, Social Security Disability, or any benefits to
which he may be entitled so the employee shall receive one -hundred
percent 100% of his gross bi-weekly base pay until such time as the
employee returns to work, reaches maximum medical improvement as de-
termined by the City's Workers' Compensation carrier, terminates,
shall terminate or retires.
17.3 No employee seeking benefits for Workers' Compensation,
Social Security Disability or any other benefits for which he may be
entitled shall ever receive more than one hundred (100%) percent of
his bi-weekly net base pay from the City. An employee receiving
compensation from the City under this Article shall be required to
turn over to the City any compensation received from any other source
except for privately purchased insurance coverage paid solely by the
employee.
Page 35
9.�O-C2�* 1
ARTICLE 18
HOLIDAYS
18.1 The City will celebrate the following holidays:
-New Year's Day
-President's Day
-Memorial Day
-Independence Day
-Labor Day
-Veteran's Day
-Thanksgiving Day
-Thanksgiving Day Friday
-Christmas Day
18.2 All full-time and permanent part-time employees shall, be
entitled to a normal day's pay for each holiday celebrated by the
City.
18.3 Should a holiday fall on a Saturday or Sunday, the City
will designate either the preceding Friday or following Monday for
observance.
To be eligible for paid holiday, an employee must be in
Pay status the scheduled working day preceding and following the
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.
Page 36
ARTICLE 18
HOLIDAYS
PAGE 2 OF 2
18.4 If a normal workday falls,on a holiday and an.employee is
required to work, the employee shall have the option of:
-pay at time and one half for the day, and eight
(8) hours holiday pay, or
-pay at time and one half for the day and accrual
of eight (8) hours holiday leave for future use
Holiday Leave may be accumulated, but not to exceed
forty (40) hours at any time during an employee's tenure
of employment.
18.5 Holidays will be counted as hours worked for all salary and
benefit purposes although the employee is not physically at work on
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.
Page 37
/C • 90 1
ARTICLE 19
WORK WEEK,--OVER-TIME AND CALL-BACK
19.1 The City Manager or designee shall establish the standard
work week and hours of work not to exceed forty (40) hours with two
(2) consecutive days off.
19.2 The lunch period shall be established by the department
head with the approval of the City Manager or designee. If an
employee takes a one (1) hour lunch period, it is understood no
forr:a3 breaks will be taken during his shift. If an employee takes a
thirty (30) minute lunch period, he shall receive a formal break of
fifteen (15) minutes during the first half of his work shift and
fifteen (15) minute during the second half of his 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 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 w-)sent.
Page 38
Ca a
ARTICLE 19
WORK WEEK, OVER -TIME AND CALL-BACK
PAGE 2 OF 3
19.4 All work performed in excess of forty (40) hours in any
work week shall be paid at time and one-half or shall be compensated
in compensatory time at the rate of one and one-half (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 cash payment providing the department has
the necessary funds in the budget. All accrued compensatory time
must be taken by the end of the fiscal year. If it is not used by
the end of the fiscal year, the employee would be paid off for this
time.
19.5 If an employee covered by this Agreement is called out to
work at a time outside his normal working hours and works less than
two (2) hours, he shall receive a minimum of three (3) hours pay at
regular time at the basic rate of pay. If an employee is called out
to work outside his normal working hours between Sunday night
through Friday morning and works over two (2) hours, he will be
allowed to report to work one (1) hour after his scheduled shift has
started but, will be credited for working eight (8) hours for the
following day. If an employee is called out to work at a time
outside his normal working hours on Friday or Saturday and works over
two (2) hours, he shall receive a minimum of four (4) hours pay at
regular time at the regular basic rate of pay. There shall be no
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.
Page 39
K-9o_2al
ARTICLE 19
WORK WEEK, OVER -TIME AND CALL-BACK
PAGE 3 OF 3
19.6 If an employee is sent home through no fault of his own
before completing his regular assigned shift, he shall be compen-
sated for the shift as though he worked a full day.
Page 39A
ARTICLE 20
SENIORITY
20.1 Seniority shall be defined as continuous length of service
with the City of Tamarac as follows:
A. Total City seniority is total length of continuous service
within the employment of the City of Tamarac.
H. Departmental seniority is total length of continuous service
within an employee's current operating department.
C. Continuous service is defined as the period of employment not
interrupted by resignation, dismissal, retirement, or quitting without
notice. Time spent greater than thirty (30) calendar days on layoff or
leave of absence shall not be considered a break in service but will
not be credited in the calculation of seniority dates.
20.2 In the event it is necessary to reduce the work force, all
layoffs shall be according to seniority by classification within a
department. All permanent full-time employees who are laid off shall
be recalled by seniority prior to the City hiring new full-time
employees. All permanent part-time employees shall be recalled by
seniority prior to the City hiring new part-time employees. Those
members of the bargaining unit who are laid off shall retain their
right to be recalled for up to and including twelve (12) months.
Page 40
ARTICLE 21
PROMOTIONS
21.1 A promotion is the assignment of an employee to a position
in a higher classification, having a higher maximum salary,.than the
position from which assignment is made. Such employee being promoted
shall receive the minimum of the new pay grade or a five (5%) percent
increase, which ever is greater.
21.2 An employee shall be placed on a six (6) month probation-
ary period at the time of promotion. The supervisor shall prepare an
Employee Performance Appraisal and Development Plan form after two
(2), four (4) and six (6) months, and make his recommendations to the
City Manager or designee for permanent status. The expiration of the
six (6) months shall become the employee's annual review date.
21.3 The promotional probationary period does not affect the
employee's entitlement to City benefits granted after satisfactorily
completing the initial employment probationary period.
i
21.4 Before employees are hired from the outside to fill
vacancies in all occupational classifications, the Personnel Depart-
ment shall post job vacancies within the City for a period of three
(3) working clays. The City shall promote from within the bargaining
unit if available employees have the skill and ability to perform the
work. An employee may apply and be considered for posted
Y Y pp Y positions.
Page 41
jZ - R o -,2,2-L
ARTICLE 21
PROMOTIONS
PAGE 2 OF 2
A department head has the right to promote a qualified
employee from within his department for a vacant position. If an
employee is promoted in this manner, the job vacancy will be the
position vacated by the promoted employee.
21.5 All promotions shall be based on qualifications and
experience related specifically to the vacant position. If two (2)
qualified employees are considered for the promotion, the employee
with the most seniority shall be promoted.
Tests given to permanent employees must be approved by the
Federation and the City Manager or designee.
21.6 If a promoted employee does not prove to be satisfactory,
he shall be returned to his original classification at no loss of
seniority and benefits. In the event his original classification is
occupied, the employee filling that classification shall be returned
to his previous position.
In case the original classification of the returned
employee is occupied by a new probationary employee, that new pro-
bationary employee shall be offered any other vacant position for
which he qualifies or be terminated.
Page 42
(1- 9o-2a l
ARTICLE 22
22.1 A transfer is the switching of an employee to a job on an
equal level in the same or another department.
22.2 An employee may 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. A transfer
must be approved by the affected department heads, the City Manager
or designee and insofar as practicable, the employee concerned.
22.3 There shall be no probationary period for a transferred
employee. However, if during the ninety (90) day period following
such transfer, if either the employee desires to return to his former
position or the supervisor determines the employee is not
satisfactorily performing his job, the employee may be transferred
back to his original position at no loss of seniority or benefits.
In the event his original classification is occupied, the
employee filling that classification shall be returned to his
previous position.
Page 43
�J
9, l0_aa(
ARTICLE 23
WORK IN OTHER CLASSIFICATIONS
23.1 Each employee covered under this Agreement shall work only
within his regular job classification. However, in the event of
temporary vacancies or absences in a higher job classification, the
City may temporarily assign an employee to a higher job
classification subject to the following provision:
'An employee temporarily assigned to a higher paying
job classification shall receive a five percent (5%) increase for the
period served in excess of forty (40) hours in the higher classifi-
cation.
23.2 If the temporary acting position is for a substitution of
an employee absent on authorized leave, it shall be understood said
assignment may be in effect only until such time the absent employee
returns, or until a job declared vacant is filled on a permanent
basis.
23.3 If an employee is temporarily assigned to work in a lower
paying job classification, he will not receive a decrease in pay.
Page 44
1_ 9e-2:2 (
ARTICLE 24
LAY-OFFS
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 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 is terminated or resigns at any
time during his employment and is subsequently re-employed.
24.5 An employee being recalled shall be notified by certified
mail -(return receipt), together with a carbon copy to the Federation,
and shall have seven (7) working days from the date of receipt of
notice to respond affirmatively. The City reserves the right to
temporarily assign employees to the vacancy until the recalled
employee reports to work.
Page 45
g,So-,2a(
ARTICLE 24
LAY-OFFS
PAGE 2 OF 2
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 layoffst or, in lieu of notice, one (1) month compensated time at
his regular rate of pay. The Federation shall be furnished copies of
all layoffs at the same time as the laid --off employee receives
notice.
Page 46
- 6--ZI
ARTICLE 25
SAFETY
25.1 The City and the Federation recognize the importance of an
adequate Safety Program. A Safety Committee composed of represent-
atives from the Federation and other 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. .At the start of the
each fiscal year, for 1990/1991, 1991/1992 and 1992/1993, the City
will give each designated employee a check to purchase his safety
work shoes at a store of his choice. For fiscal year 1990/1991, the
amount will be sixty-five ($65.00)1 for fiscal year 1991/1992, the
amount will be seventy ($70.00)1 for fiscal year 1992/1993, the
amount will be seventy-five ($75.00).
Page 47
(�-5b-'2a(
ARTICLE 25
SAFETY
PAGE 2 OF 2
Probationary employees who complete their probationary period prior
to April lot of each year shall receive a check for the appropriate
amount for that year for Safety work shoes. If an employee completes
their probationary period after April lot of any contract year, the
amount of monies given to them for the initial fiscal year will be
pro -rated, determined by the month they completed their probation.
25.4 EQUIPMENT - The Safety Committee shall regularly review as
a meeting agenda item the safety of equipment used by City employees.
Page 48
2.90-.:)aL
ARTICLE 26
JURY DUTY AND APPEARANCE AS A WITNESS
26.1 The City shall provide leave for jury duty. An employee
will be paid on City payroll while serving on a jury. Any compensa-
tion received by the employee for such duty will be endorsed over to
the City 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 accord -
dance with the "Personal Vehicle Compensation" section, ARTICLE 30
of this contract.
26.4 A Request for a Leave of Absence form should be completed
and approved, giving as much prior notice as feasible, for the time
the employee serves on a jury and appears as a witness.
26.5 An employee who is bringing suit upon another party or who
is being sued shall not be eligible for this leave.
--26.6 An employee required to appear as a witness as a result of
litigation not involving the City, shall not be eligible for this
leave.
Page 49
ARTICLE 27
BULLETIN BOARDS
27.1 The City will provided 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 U) in
the Meter. Reader area for the exclusive use of the Federation and
solely for posting of official union materials.
27.2 The Federation agrees the material posted shall not reflect
adversely on the City.
27.3 Notices or bulletins of the Federation to be posted shall
normally be submitted in advance to the City Manager or designee.
27.4 The bulletin boards, authorized by the City for use by the
Federation, may be used by the Federation, under the terms of this
Article, only for the purpose of posting the following notices and
announcements:
Notices of Federation meetings and minutes of meetings;
Notices of Federation elections:
Notices of Federation appointments to office;
Notices of Federation recreational, social affairs and
benefits;,
Newsletters;
Any other notices of a general nature regarding Federa-
tion business.
Page 50
ARTICLE 28
PROHIBITION OF STRIKES
28.1 The Federation and its members agree not to engage in a
strike, as defined in Florida State Statutes as presently in force or
hereinafter amended and the Constitution of the State of Florida,
work stoppages, boycotts, slowdowns or other actions, overt or
covert, which objectively interfere with the orderly operation of any
department and the City.
28.2 The parties agree any member who participates in or pro-
motes a strike, work stoppage, slowdown, boycott, failure or refusal
to perform work or any other job action, overt or covert, which ob-
jectively interferes with the orderly operation of any of the Depart-
ments in the City may be discharged or otherwise disciplined by the
City.
Page 51
To
ARTICLE 29
SAVINGS CLAUSE
29.1 Should any provisions of this Agreement, or any part
thereof, be rendered or declared invalid by reason of any existing or
subsequently enacted legislation, or by any decree of a court of com-
petent jurisdiction, all other articles and sections of this Agree-
ment shall remain in full force and effect for the duration of this
Agreement.
Page 52
g .90 -a2c
ARTICLE 30
MISCELLANEOUS
30.1 UNIFORMS - The City shall supply uniforms, including 100%
cotton shirts,,and cleaning of uniforms to all field employees within
the Public works and Utility Departments.
30.2 Building Department Inspectors shall receive five (5)
shirts and three (3) trousers, as needed. Code Enforcement Officers
shall receive two (2) shirts and two (2) trousers. Maintenance is
the employee's responsibility.
30.3 Meter Readers in the Utility Department may wear appro-
priate shorts from May 1 through October 30 when reading meters.
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 depart-
ments 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.
30.8 PRIVATE VEHICLE COMPENSATION - The City, subject to its
authorization, agrees to compensate employees who use their own ve-
hicles while traveling on City business, no less than that which is
provided in the applicable Florida State Statute.
reW�v d�l
ARTICLE 31
TERM OF AGREEMENT
31.1 This Agreement shall be effective from October 1, 1990 and
shall remain in full force and effect until September 30, 1993,
unless modified or changed by mutual consent.
31.2 Both parties agree that for the second and third year of
the contract, effective October 1, 1991, ARTICLE 13 - HEALTH
INSURANCE, will be re -opened.
31.3 The item subject to re -opener set forth in Article 31.2
and/or the expiration of this Agreement requires the parties to begin
negotiations no later than August lst of the appropriate year.
31.4 Any federal, State or Local Legislation which has impact
upon this Agreement shall be reviewed by both parties with advice of
legal counsel so as to properly adjust to comply with the law when
appropriate.
IN WITNESS WHEREOF, The parties hereto have hereunto set
their hands on the respective dates shown over the signatures.
Dated This 16 ^ Day of
FEDERATION OF PUBLIC EMP OYEES
BY: •'
'0
BQNESS REPRESENT IVE
ATTEST:
CITY CLERK—
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