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HomeMy WebLinkAboutCity of Tamarac Resolution R-78-204Introduced by: e-/)I'1 Temp. Reso. I 2 3 4 5 6 h 8 9 10 11 12 13 14 15 ]6 17 i 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 CITY OF TAMARAC, FLORIDA RESOLUTION NO. -7J- Q 0 A RESOLUTION PROVIDING FOR ACCEPTANCE OF THE AGREEMENT OF FEDERATION OF PUBLIC EMPLOYEES, TO REPRESENT THE BLUE COLLAR WORKERS IN THE CITY OF TAMARAC, AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF TAMARAC. 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 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: SECTION 1: That that certain agreement by and between the City of Tamarac and the Federation of Public Employees for the period from is hereby APPROVED. A copy of the said agreement is attached here- to and made a part hereof. SECTION 2: The appropriate City officials (Mayor, City Clerk, City Manager) are hereby authorized to execute said agreement on behalf of theCity of Tamarac. SECTION 3: This Resolution shall become effective immediately upon its final passage. PASSED, ADOPTED AND APPROVED THIS J day of b 1978. AY ATTEST: LZ&_ f City Clerk I HEREBY CERTIFY that I have ap- proved the form and correctness of this RESOLUTION RECORD OF COUNCIL VOTE MAYOR W. fALCK OZT VIM H. MASSARO C(M H. WIENER CJM I.M. DISRAELLY _ CI U) M. KELC N S1i9 AGREEMENT -Between- THE CITY OF TAMARAC lFrTll FEDERATION OF PUBLIC EMPLOYEES TABLE OF CONTENTS ARTICLE 1.....................PREAMBLE ARTICLE 2....... ......RECOGNITION ARTICLE 3............ ..................... MANAGEMENT RIGHTS ARTICLE 4.....................PROHIBITION OF STRIKES ARTICLE 5.....................NON-DISCRIMINATION ARTICLE 6.....................CHECK-OFF ARTICLE 7 .....................FEDERATION REPRESENTATION ARTICLE 8.....................BULLETIN BOARD ARTICLE 9.....................EMERGENCY FUNERAL LEAVE ARTICLE 10....................SICK LEAVE ARTICLE 11....................VACATION LEAVE ARTICLE 12....................HOLIDAYS ARTICLE 13....................HEALTH INSURANCE ARTICLE 14....................WORK WEEK AND OVERTIME ARTICLE 15....................PROBATIONARY PERIOD ARTICLE 16....................WORK IN OTHER CLASSIFICATIONS ARTICLE 17....................GRIEVANCE PROCEDURE AND ARBITRATION ARTICLE 18....................WAGES ARTICLE 19....................TOTAL AGREEMENT ARTICLE 20....................DURATION OF AGREEMENT ARTICLE 21....................SENIORITY - LAYOFF, PROMOTION, RECALL ARTICLE 22.................... MISCELLANEOUS ARTICLE 23....................SAVINGS CLAUSE 1 of ARTICLE 1 PREAMBLE 1.1 This Agreement is entered into this day ,1978, by and between the City of Tamarac, Florida, a municipal corporation of the State of Florida here- inafter referred to as the "City" and the Federation of Public Employees, a division of District 1 Pacific Coast District Marine Engineers Beneficial Association, 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 determin- ation of wages, hours and other conditions of employment of employees covered by this Agreement. It is recognized that 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 that this Agreement between the City and the Federation will serve that end. 1 ARTICLE 2 RECOGNITION 2.1 The City agrees to hereby recognize the Federation as the sole and exclusive Bargaining Agent for all regular full and part-time blue-collar employees in the Public Works, Building, and Utilities -Engineering Depart- ments, excluding clerical, supervisory and managerial personnel in accordance with certification 413 by the Public Employees Relations Commission attached hereto as Exhibit 1. Employees whose wages are funded by CETA, with the exception of CETA projects, are also included. 2. ARTICLE 3 MANAGEMENT'S RIGHTS 3.1 The Federation recognizes the right of the City to operate, manage, and direct all affairs of all departments within the City, except as otherwise expressly provided else- where in this Agreement, including the exclusive right: A. To manage, direct, and totally supervise without interference from the employees of the City. B. To hire, re -hire, promote, transfer, schedule, train, assign and retain employees in positions with the City and to establish procedures therefor. C. 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. D. To maintain the efficiency of the operations of all departments in the City. E. To determine the structure and organization of City government including the right to super- vise, 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, and this will necessitate termination of any employees, the City will give at least 45 days notice to the employee. F. To determine the number of all employees who shall be employed by the City, the job make-up, 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 week notice if hours are to be changed except in cases of emergency. 3. G. 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 cease any position. H. Any other function that has been carried on by the employer prior to the date of this contract and not mentioned in this Agreement. I. To establish, change, or modify duties, tasks, responsibilities, or requirements within job descriptions. 3.2 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 duties not within their job description, but within the realm of re- lated duties. 3.3 The City shall formulate all departmental 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 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. 3.4 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. 4. ARTICLE 4 PROHIBITION OF STRIKES 4.1 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 which objectively interfere with the operation of any Department and the City. 4.2 There will be no strikes, work stoppages, slow- downs, boycotts, or any other job action, overt or covert, which objectively interferes with the orderly operation of any Department by any of the members covered under this Agreement. 4.3 Recognizing that Florida Law prohibits the activities enumerated in Paragraph 4.1 above, the parties agree that any member who participates in or promotes a strike, work stoppage, slowdown, boycott, failure or refusal to perform work, or an 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. 4.4 It is recognized by the parties that activities enumerated in Paragraphs 4.2 and 4.3 above are contrary to the ideals of professionalism and to the Public Works Department's community responsibility and that any violation of this Article would give rise to irreparable damage to the City and to the public at large. Accordingly, it is understood and agreed that in the event of any violation of this Article, the City shall be entitled to seek and obtain legal and/or equitable relief in any court of competent jurisdiction. 4.5 For the purpose of this Article, it is agreed that the Employee Organization shall be responsible and liable 5. for any act committed by its officers and agents, which act constitutes a violation of the provisions herein .except that the Federation shall not be responsible for any act alleged to be a breach of this Article if neither the Federation nor any of its officers or agents instigated, authorized, condoned, sanctioned, or ratified such action. 6. ARTICLE 5 NON-DISCRIMINATION 5.1 The City will not discriminate against any employees covered by this Agreement because of membership in the Federation. 5.2 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 or national origin. 5.3 For the sake of convenience, the use of the male gender herein, is intended to apply to both male and female employees. 7. ARTICLE 6 CHECK -OFF 6.1 Full-time active employees covered by this Agreement may authorize payroll deductions for the purpose of paying Federation dues. No authorization shall be allowed for payment of initiation fees, assessments or fines. 6.2 The Federation will initially notify the City of the amount of dues. Such notification will be certified to the City in writing over the signature of an authorized officer of the Federation. Changes in Federation membership dues 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. 6.3 Dues 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 dues are remitted. The Federation will indemnify, defend and hold the City harmless against any claims made and against any suits instituted against the City on account of payroll deduction of Federation dues. 6.4 The Federation will not be required to reimburse the City for administrative costs of payroll deductions withheld by the City. 6.5 For the purpose of putting this Article into effect, employee members covered by this Agreement will execute individual authorization reading as follows: [s]P AUTHORIZATION TO DEDUCT TO THE CITY OF TAMARAC I hereby assign to the Federation from any wages earned or to be earned by me as your employee, my periodic dues in such amounts as are now or hereafter established by the Federation and become due to it as my membership dues in said Federation. I authorize and direct you to deduct and withhold such amounts from my salary and to remit the same to said Federation. I hereby waive all rights and claims to said monies deducted and transmitted in accordance with this authorization, and release the City and all its officers from any liability therefor. This assignment, authorization and direction shall be revocable at any time upon thirty (30) days written notification to the City and the Federation. WITNESS DATE NAME Signature NAME Printed DEPARTMENT PAYR LL # El ARTICLE 7 FEDERATION REPRESENTATION 7.1 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 two (2) employee representatives who may attend all bargaining sessions during working hours at no loss of pay. The Federation will furnish the City Manager with a written list of the Federation's bargaining committee prior to the first bargaining meeting and substitution changes thereto if necessary. 10. ARTICLE 8 BULLETIN BOARDS 8.1 The City will provide one (1) bulletin board for the exclusive use of the Federation and solely for posting of official union materials. The bulletin board shall be located at the Public Works Department. 8.2 The Federation agrees that the material posted shall not reflect adversely on the City. All notices must be signed by an officer of the Union and submitted to the Public Works Director prior to posting. ARTICLE 9 EMERGENCY FUNERAL LEAVE 9.1 To express the City's concern for a member during time of bereavement, three (3) days of emergency 1 funeral leave with pay shall be granted in the event of a death in the immediate family. 9.2 Immediate family shall be defined as spouse, children, mother, father, sister, brother, grandmother, grandfather, or upon proof, any person in the general family whose ties would be normally considered immediate family and living within the same household. 9.3 In authorizing emergency funeral leave, the supervisor shall obtain the following information from the member and have it entered for payroll purposes: -relationship of the deceased to the member -dates of absence requested. 9.4 In order for an employee to be eligible for emergency funeral leave he must contact his department during the first day of bereavement to notify the City that he will not be at work. 12. ARTICLE 10 SICK LEAVE 10.1 Sick leave with pay shall be granted to members at the rate of one (1) working day or eight (8) working hours for each completed month of service commencing from the first day of employment. It shall be accrued from year to year. No sick leave may be taken until the employee has been employed for thirty (30) calendar days. Employees on leave without pay are not entitled to accrue sick leave hours while on leave without pay. The minimum period of absence to be charged to sick leave shall be two (2) hours. 10.2 Sick leave shall not be considered a right which a member may use at his (her) own discretion, but rather a privilege which shall be allowed only for the following reasons: -absence due to personal illness or injury (absence due to illness of a member of the family shall be charged to vacation leave) -personal medical and dental appointments -absence due to contagious illness in the member's immediate family (father, mother, sister, brother, children and spouse) 10.3 A member on probation earns sick leave immediately and is able to use the sick leave during the six (6) month probationary period. 10.4 Whenever possible, a member shall give the supervisor advance notice of sick leave. If this is not possible, a member shall be expected to contact the supervisor within one (1) hour after starting time, unless extenuating circumstances prevent such communication. 10.5 A member who is absent from work due to an ill- ness in excess of two (2) days shall be required to submit a physician's statement of physical condition. When deemed necessary, the department head may require proof of any illness. 13. 10.6 Abuse of sick leave is grounds for disciplinary action. Excessive use of sick leave shall be closely monitored. 10.7 A member out of work due to an on-the-job injury will be paid for the first five (5) working days by use of sick leave exclusively. If the lost time is compensated by Workmen's Compensation, sick leave may be restored on a dollar for dollar exchange upon the employee reimbursing the City the value of the sick time that has been paid. 10.8 A member may receive compensation for accrued sick leave in excess of thirty (30) days anytime during his (her) employment with the City at the following rate: Accumulated Days % of Buy Back 31-60 days 25% 61-99 days 50% 100 days and over 100% At the time of separation from the City, if eligible, a member who has accumulated thirty (30) or more days of sick leave shall be paid at the following rate: Accumulated Days % of Buy Back The first 60 days 5% 61-99 days 50% 100 days and over 100% 14. ARTICLE 11 VACATION LEAVE 11.1 All members shall be entitled to vacation leave after satisfactorily completing a six (6) month pro- bationary period. 11.2 At the beginning of each fiscal year, the department head shall submit a vacation schedule of the department, based on seniority, for the fiscal year to the City Manager for approval. 11.3 Vacation leave shall be earned at the following rate: Service Vacation 0 through 5 years 12 paid days per year After completion of 5 yrs through 10 yrs 15 paid days per year After completion of 10 years 18 paid days per year Employees on leave without pay status are not entitled to accumulate vacation leave while on leave without pay status. 11.4 A member eligible for twelve (12) days annual vacation shall take a minimum of five (5) consecutive days per year. A member eligible for fifteen (15) days annual vacation shall take a minimum of ten (10) consecutive days per year. A member eligible for eighteen (18) days annual vacation shall take a minimum of ten (10) consecutive days per year. Vacation leave may be accumulated, but not to exceed thirty (30) days at any time during a member's tenure of employment. 11.5 Upon termination of employment a member shall be paid for accumulated vacation leave in a lump sum, if he (she) has satisfactorily completed a six (6) month probationary period. 11.6 Vacations for each calendar year shall be drawn by employees on the basis of seniority. For the purposes of this Article, seniority shall consist of continuous accumulated paid service with the City and shall be computed from date of appointment. 15, 11.7 Vacation leave earned shall be computed on the following basis: 0-5 years - eight (8) hours per month of service After completion of 5-10 years - ten (10) hours per month of service After completion of 10 years - twelve (12) hours per month of service. 16. ARTICLE 12 HOLIDAYS 12.1 All members shall be entitled to nine (9) paid holidays per year: -New Year's Day -President's Day -Memorial Day -Independence Day -Labor Day -Veteran's Day -Thanksgiving Day -Thanksgiving Friday -Christmas Day 12.2 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, a member must be in pay status the day preceding and following the holiday. Pay status shall be defined as physically being at work or on an authorized leave. If a holiday occurs during a member's vacation, there shall be no charge from vacation leave for said holiday. A member 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 or author- ization from the department head to be compensated for said holiday. L7 17. ARTICLE 13 HEALTH INSURANCE 1 13.1 The City shall provide group health insurance coverage after one hundred and eighty (180) calendar days of employment for the member at no cost to the member. 13.2 If the employee desires dependent coverage, it will be subsidized by the City at the City's contribution rate in effect at the time of the execution of this contract. -However, no employee may receive dependent coverage until after he has been employed for in excess of one hundred and eighty (180) calendar days. 13.3 Employees on probation on the effective date of this contract Will be covered for group health insurance for themselves and legal dependents, if they so elect, after 90 days of employment. In ARTICLE 14 WORKWEEK AND OVERTIME .. 14.1 The standard work week shall consist of forty (40) hours. 14.2 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 significant to operational effectiveness and is grounds for the supervisor to take disciplinary action against a member. Lateness, which is unexcused absence from work, in excess of seven minutes, shall cause a member to be penalized in quarter hour (15) minute units for each fraction of such period absent. 14.3 Members shall receive a fifteen (15) minute rest period during the first half of their work period and another fifteen (15) minute rest period during the second half of their work period. 14.4 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 (12) hours of compensatory time for each hour worked in excess of forty (40) hours. Except in situations where a department has a shortage -of funds, the employee shall have the opti.on of taking compensatory time or cash payment. 14.5 All call back time worked in -excess of forty (40) hours shall be compensated at the rate of one and one-half (12) hours for each hour of call back time worked. For the purposes of this Agreement call back time shall mean the time period during which an employee is requested to return to work. 19. ARTICLE 15 PROBATIONARY PERIOD 15.1 The probationary period is regarded as an integral part of the placement process. It is utilized for closely observing the member's performance for securing the most effective adjustment of the new member to the position, and for rejecting a member whose performance does not meet the required work standards. 15.2 A new member shall be reviewed once after two (2) months and then again after four (4) months from date of hire. These reviews shall in no way affect the member's salary, but rather shall be a means of notifying the member, supervisor and City Manager of the member'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 day of work. 15.3 Any member who has completed his initial probationary period and is promoted or who is transferred to or from his department, shall serve an additional probation period of six (6) months.. If this probationary employee does not prove to be satisfactory, the member shall be returned to his original classification, if there is a vacancy. In the event that there is no vacancy, said employee shall nave the right to the first available vacancy at his former classification or any lower classification for a period of one year. In the event that a vacancy arises in his former classification and the member does not choose to fill that vacancy, the member's one year right to fill that vacancy shall terminate. However, if a vacancy arises in a lower classification and the employee refuses that vacancy his recall rights shall be retained for that same one year period. For purposes of notification the procedures to be followed are the same as set forth in Article 21 Seniority- recall. 20. ARTICLE 16 WORK IN OTHER CLASSIFICATIONS 16.1 Each employee covered under this agreement shall work only within his or 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 for a period in excess of twenty (20) consecutive hours within any eighty (80) hour pay period shall be compensated at the regular rate of pay of that higher paying job classification for all hours worked in that job classification in excess of twenty (20) hours. The employee temporarily working in a higher classification as herein indicated shall be paid at a step in that higher classification sufficient to give the employee a higher rate of pay. 16.2 If the temporary acting position is for a substitution of a member absent on authorized leave, it shall 1 be understood that said assignment may be in effect only until such time that the absent member returns, or until the job is declared to be vacant. 16.3 If a member is temporarily assigned to work in a lower paying job classification he will not receive a decrease in pay. 21. ARTICLE 17 GRIEVANCE PROCEDURE AND ARBITRATION 17.1 A grievance is any dispute or contro- versy arising out of the application or interpretation of this Agreement. 17.1.1 FILING GRIEVANCES The City desires to adjust grievances promptly and fairly and in order to provide impartial consideration of a complaint, the potential complainant may file an official grievance in accordance with the following procedure if the complaint cannot be settled by informal discussion between the parties involved. A. An employee that has a supervisor other than a department head --- 1. the employee should first make an informal presentation of the grievance to the immediate supervisor. a. The supervisor must reply in two (2) working days. 2. Failing a solution the aggrieved employee shall submit a grievance in writing, to the department head within three (3) working days of failure to reach a solution with the immediate supervisor. 22. a. The department head will schedule a hearing within three (3) working days. b. At the hearing the employee may present witnesses in support. c. The immediate super- visor must attend and state the reasons for his earlier decisions. d. The department head shall give a written decision within four (4) working days from the date of the hearing. 3. If the decision of the department head does not resolve the grievance the employee may submit a grievance, in writing, to the City Manager within three (3) working days of the decision of the department head. a. The City Manager will have a hearing within seven (7) working days of receipt of a request for a hearing. At this hearing the employee may present witnesses in support of his position. b. The City Manager will give a written decision within four (4) working days of the date of the hearing. 4. Failure on the part of the employee to take any appeal or demand arbitration within the time frame provided herein shall be deemed a waiver of his claim. 5. If the grievant requests, a Union employee representative may accompany the grievant to all steps of the Grievance Procedure, formal or informal, at no loss in pay to the representative. 23. B. An employee whose supervisor is the department head--- 1. The employee should first make an informal presentation of the grievance to the department head. a. The department head must reply in two (2) working days. 2. Failing a solution, the aggrieved employee shall then have three (3) days to submit a grievance, in writing, to the department head who shall render a written decision within four (4) working days. 3. If this does not resolve the grievance the employee should submit a grievance, in writing, within three (3) working days of the decision of the department head to the City Manager. a. The City Manager will have a hearing within seven (7) working days of receipt of a request for a hearing. b. At this hearing the employee may present witnesses in support of his position. The City Manager will then give a written decision in four (4) working days of the date of the hearing. 4. Failure on the part of the employee to take any appeal or demand an arbitration within the time frame provided herein shall be deemed a waiver of his claim. 5. If the grievant requests, a Union employee representative may accompany the grievant to all steps of the grievance procedure, formal i or informal at no loss in pay to the representative. C. In the event the aggrieved employee and the Federation are not satisfied with the decision of 24. A or B,above, the Federation may demand arbitration, and this demand, in writing, shall be presented to the City Manager within ten (10) working days from the receipt of the decision of Step A or B,above. The arbitrator shall be appointed by mutual con- sideration of the parties. In the event the parties are unable to agree upon a neutral within five (5) working days after the arbitration is invoked, the parties shall jointly petition the American Arbitration Association or the Federal Mediation Conciliation Service and request a list of five (5) qualified arbi- trators and from said list the parties shall select a single arbitrator to preside as a neutral at the hearing involving the aggrieved employee's grievance. 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 Collective Bargaining Agreement. Expenses incident to the services of the arbitrator shall be borne equally by both parties. D. In the event that an employee has been disci- plined to the extent that he or she has been suspended or discharged and is re -instated by an arbitrator's decision, the employee shall be re -instated 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. E. In the event that any employee has been sus- pended and that suspension is upheld, that employee, upon the expiration of that suspension, shall be fully re -instated to his or her former position with no loss or impairment of any of his or her rights under this 25. Collective Bargaining Agreement or other rules and regulations of the City. F. 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. 1 26. ARTICLE 18 WAGES 18.1 Effective October 1, 1978, the City will increase each position classification for employees included in the bargaining unit by five percent (5%). 18.2 Effective October 1, 1979, the City will increase each position classification for employees included in the bargaining unit by six percent (6%). 18.3 Effective October 1, 1980, the City will increase each position classification for employees included in the bargaining unit by seven percent (7%). 27. ARTICLE 19 TOTAL AGREEMENT 19.1 The parties agree that this collective bargaining Agreement represents the total agreement for terms and conditions of employment, between the parties, for the life of the Agreement. No changes shall be made except in writing executed by both parties. 19.2 This Agreement supersedes any prior Agreements or practices in effect at date of execution. 28. ARTICLE 20 DURATION OF AGREEMENT 20.1 This -Agreement shall be effective as of the date of approval by the Tamarac City Council and shall remain in full force and effect until September 30, 1981, unless modified or changed by mutual consent. Any party desiring to negotiate an extension of this Agreement shall notify the other in writing of their intention within a reasonable time prior to the expiration of this Agreement. The following procedures shall constitute the correct method for negotiations: Either party may submit written notice as to the need for collective bargaining upon the other within a reasonable time prior to the expiration of this Agreement. It shall include a list of proposals which shall inform the other party of the items they desire to negotiate. It shall be the obligation of both parties to meet within ten (10) days after the receipt of written notice of a request for a meeting for collective bargaining purposes. 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. 29. ARTICLE 21 SENIORITY - LAYOFFS, PROMOTIONS, RECALL Seniority shall be defined as the total amount of continuous service to the City. Seniority shall commence from the employees first date of service. Layoffs shall be defined as a reduction in employees due to (1) decreased work load in the City or (2) a reduction of funds for City services. Layoffs shall be conducted by the City according to the ability to perform the job. In the event that members of the bargaining unit are of equal ability to perform the job, then the most senior member of the bargaining unit shall be retained. Those laid off members of the bargaining unit shall be recalled according to seniority by the City prior to the City hiring any new employee for that job classification. Those members of the bargaining unit who are laid off shall retain their right to be recalled for up to and including three months. Employee being recalled shall be notified by certified mail (return receipt), together with a carbon copy to the Federation, and shall have five (5) 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. If the City fails to receive an affirmative response, the employee shall be removed from the recall list and the Board shall have no further obligation to the employee. If the recall notice is returned and not receipted, the employee will be dropped from the recall list and the Board shall have no further obligation to the employee. In the event of layoffs or abolution of a position, the City shall endeavor to find another position in the City for the employee. Promotions will be made on the basis of merit. The City recognizes that seniority will be a factor in determining the most qualified applicant. 30. Any employee may apply and be considered for any vacant position. Notice of all vacancies will be posted on the bulletin • board in the Public Works Department. The City agrees to use its best efforts to continue its policy of making appointments to City positions from within the ranks whenever possible. I 1 31. ARTICLE 22 MISCELLANEOUS 22.1 Military Leave: Military Leave will be granted in accordance with State of Florida law. 22.2 The City will furnish one water cooler per truck one time during the term of this Agreement. It is incumbent upon the employees of the Public Works Depart- ment to see that the coolers are properly cared for and not stolen. 22.3 The City will establish a Safety Committee which will meet periodically. 22.4 Members of the Bargaining Unit shall continue to enjoy those benefits enjoyed prior to the execution of this Agreement not covered by this Agreement subject to modification by the City Council after two weeks notice has been provided to the Federation. Safety measures may be instituted administratively. A 32. ARTICLE 23 SAVINGS CLAUSE 23.1 In the event that any court of competent jurisdiction declares any word, section, paragraph, or Article of this Agreement illegal or invalid that action shall not affect the remainder of the Agreement which shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on the respective dates shown under the signa- tures. APPROVED AS TO LEGAL SUFFICIENCY Arthur M.- Birken, _ City Attorney ATTEST: CI Y CLE 1 CITY OF TAMARAC ar_1 (,,3 waiter W. FBI c Mayor This /SAC day o f,_.,t ,.� ,19 7 E By toward A. Gross, City Mainager This— IS- day FEDERATION OF PUBLIC EMPLOYEES Thi sday of ,1978 This day of 1978 33. Thislday of Y� e 2__ 1978 i This ( day of 1978 STATE OF FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION FEDERATION OF PUBLIC : EMPLOYEES, DISTRICT NO. 1, : PACIFIC COAST DISTRICT, ; MEBA, AFL-CIO, Petitioner, Case No. 8H-RC-773-0026 and VERIFICATION OF ELECTION RESULTS AND CERTIFICATION CITY OF TAMARAC, OF EXCLUSIVE COLLECTIVE BARGAINING REPRESENTATIVE Respondent, ; and BROWARD COUNTY LOCAL UNION 532, AFSCME, AFL-CIO, (� �• •�.;� y �- I Intervenor. 3 C,- George H. Tucker Miami, attorney for '-JTY0FTA1,;,;zr.`. 9 , y petitioner. ,.. :,�rY ATTOm­ , sY Arthur Birken, Tamarac, attorney for respondent. .-1 Ben R. Patterson, Tallahassee, attorney for intervenor. PER CURIAM. On Aprill4, 1977, the Federation of Public Employees affiliated with District No. 1, Pacific Coast District Marine Engineers' Beneficial Association, (MEBA), AFL-CIO, filed with the Public Employees Relations Commission a Petition for Certification pursuant to Fla. Admin. Code Rule 8H-3.02. Pursuant to Section 447.307(3)(a)(1), Florida Statutes (1977), the Commission determined that the appropriate unit was as follows: INCLUDED: All regular full and part-time blue-collar employees, including those funded by CETA, employed by the City of Tamarac in the Public Works, Building, and Utilities - Engineering Departments. EXCLUDED: All clerical employees, all Title VI CETA project employees, and all other employees of the City of Tamarac. Having defined the appropriate unit and having determined that the petition was sufficient and that the Petitioner had complied with Section 447.305, Florida Statutes (1977), the EXHIBIT 1 RC-773-0026 Commission Ordered an election. Pursuant to the Order a secret ballot election was conducted between February 7, 1978 and February 21, 1978. In the election Petitioner received a majority of the valid votes plus challenged >Y ballots. The election results are as follows: 1. Approximate number of eligible voters 31 2. Void ballots 0 3. Votes cast for Petitioner 22 4. Votes cast for Intervenor 0 5. Votes cast against the participating organization(s) 0 6. Valid votes counted 22 7. Challenged ballots 1 8. Valid votes counted plus challenged ballots 23 9. Challenges are not sufficient to affect the results of the election. The Commission VERIFIES the results of the election administered between February 7, 1978 and February 21, 1978. Pursuant to Section 447.307(3)(b), Florida Statutes (1975) the Commission CERTIFIES the Petitioner as the exclu- sive collective bargaining representative for employees in the unit described above. Certification number 413 is issued to the Petitioner. It is so ordered. 1 PUBLIC EMPLOYEES RELATIONS COMMISSION LEONARD A. CARSON, CIIAIRMAN 14ICHAEL M. PARRISH# COMMISSIONER JEAN K. PARKER, COMMISSIONER -2- RC-773-0026 1 THIS IS TO CERTIFY that on Qms .�L 1978, this documeW was filed in the office of the Public Employees Relations Commission at Tallahassee, and a copy served on each party at its last known address. PUBLIC EMPLOYEES RELATIONS COMMISSION BY: 47 C 00.4 TITLE -3-