HomeMy WebLinkAboutCity of Tamarac Resolution R-78-204Introduced by: e-/)I'1
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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
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