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HomeMy WebLinkAboutCity of Tamarac Resolution R-79-266Introduced by: Temp. # / V S6-- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. 7 f- a 6 6 A RESOLUTION PROVIDING FOR ACCEPTANCE OF THE AGREE- MENT OF THE FEDERATION OF PUBLIC EMPLOYEES (WHITE COLLAR) 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 the 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 November 6, 1979, to September 30, 1981, is hereby approved. A copy of said agreement is attached hereto 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 the City of Tamarac. SECTION 3: This Resolution shall become effective immediately upon its final passage. PASSED, ADOPTED AND APPROVED this ATTEST: I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION /fi .. , -" W. 1 ORod � ,. il RECORD OF COUNCIL VOTE MAYOR: DISTRICT 1: DISTRICT 2: DISTRICT 3: DISTRICT 4: -7 ? AGREEMENT -Between- THE CITY OF TAMARAC -AND- FEDERATION OF PUBLIC EMPLOYEES, A DIVISION OF DISTRICT NO. 1, PACIFIC COAST DISTRICT MARINE ENGINEERS' BENEFICIAL ASSOCIATION, AFL-CIO 1 1 M TABLE OF CONTENTS _ Definitions . . . . . . . . . . . . . . Page i , i i ARTICLE I Preamble . . . . . . . . . . . . . . . Page 1 ARTICLE II Recognition . . . . . . . . . . . . . . Page 2 - ARTICLE III Representation of the Employee Organization . . . . . . . . . . . . . Page 3 ARTICLE IV Management's Rights. . . . . . . . . . Page 4 ARTICLE V Prohibition of Strikes . . . . . . . . Page 7 ARTICLE VI Non -Discrimination . . . . . . . . . . Page 9 ARTICLE VII Dues Deductions. . . . . . . . . . . . Page 10 ARTICLE VIII Authorization to Deduct. . . . . . . . Page 11 ARTICLE IX Holidays . . . . . . . . . . . . . . . Page 12 ARTICLE X Health Insurance . . . . . . . . . . . Page 13 ARTICLE XI Workweek and Overtime. . . . . . . . . Page 14 ARTICLE XII Work in Other Classifications. . . . . Page 16 ARTICLE XIII Grievance Procedure and Arbitration. . Page 17 ARTICLE XIV Bulletin Boards. . . . . . . . . . . . Page 21 ARTICLE XV Bereavement Leave. . . . . . . . . . . Page 23 ARTICLE XVI Sick Leave . . . . . . . . . . . . . Page 24 ARTICLE XVII Vacation Leave . . . . . . . . . . . . Page 26 ARTICLE XVIII Personal Leave . . . . . . . . . . . . Page 28 ARTICLE XIX Total Agreement. . . . . . . . . . . . Page 29 ARTICLE XX Duration of Agreement. . . . . . . . . Page 30 ARTICLE XXI Administrative Leave . . . . . . . . . Page 31 ARTICLE XXII Merit Increases. . . . . . . . . . . . Page 32 ARTICLE XXIII Promotion, Transfers . . . . . . . . . Page 34 ARTICLE XXIV Jury Duty and Appearance as a Witness . . . . . . . . . . . . . . . . Page 35 ARTICLE XXV Personal Vehicle Compensation. . . . . Page 36 ARTICLE XXVI Safety and Safety Committee. . . . . . Page 37 ARTICLE XXVII Military Leave . . . . . . . . . . . . Page 38 ARTICLE XXVIII Voting Time. . . . . . . . . . . . . Page 39 ARTICLE XXIX Blood Bank . . . . . . . . . . . . . . Page 40 ARTICLE XXX Seniority . . . . . . . . . . . . . . . Page 41 ARTICLE XXXI Wages . . . . . . . . . . . . . . . . . Page 42 ARTICLE XXXII Savings Clause . . . . . . . . . . . . Page 43 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 division 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 as to the progress of the department. He (she) shall authorize disciplinary action deemed necessary for the orderly and efficient operation of the department subject to the approval of the City Manager. FEDERATION OF PUBLIC EMPLOYEES: A division of District No. 1, PCD, MEGA, AFL-CIO, which has been granted the right to represent exclusively the members of the bargain- ing unit. Association is synonymous with "FPE" when referred to herein. FULL-TIME EMPLOYEE: An employee scheduled to work a minimum of forty 40) hours per week. PART-TIME EMPLOYEE: An employee holding a position on an hourly basis, working less than forty (40) hours per week and not entitled to City benefits. PAY STATUS: An employee who is physically at work or is on an authorized leave of absence with pay. PERC: Public Employees Relations Commission, a regulatory state agency created under CH. 447 (F.S.). PERA: Public Employees Relations Act, CH. 447 (F.S.), as amended 1977, 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 and has satisfactorily completed a probationary period. PROBATIONARY EMPLOYEE (NEW HIRE): An employee who is serving fiii-fher probationary period prior to being regularly appointed to a permanent position. PROBATIONARY EMPLOYEE (PROMOTIONI: An employee who is serving his her probationary period prior to attaining permanent status in a higher classification. i i6 1 DEFINITIONS PROBATIONARY PERIOD (NEW HIRE): A period of time whereby the employee's performance is carefully evaluated in order to attain permanent status. PROBATIONARY PERIOD (PROMOTION): A specified period of time designated by the Manager 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. SENIORITY: Employment which is uninterrupted except for authorized leave of absence, suspension or separation due to layoff; however, time lost due to leave of absence, suspension or lay-off shall not be included in the deter- mination of length of continuous service. Authorized paid leave of absence shall be included as a part of con- tinuous service. 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. THE PARTIES: 'City of Tamarac and FPE. UNIT: That group of employees determined by the City of Tamarac a-nd FPE and approved by the Florida Public Employees Relations Commission to be appropriate for the purpose of Collective Bargaining. ii ARTICLE I PREAMBLE This Agreement is entered into this day of 1979, by and between the City of Tamarac, Florida, a municipal corporation of the State of Florida here- ' i 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 deter- mination 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. Ll ,, 65 ARTICLE II RECOGNITION The City, in accordance with a certification of the Public Employees Relations Commission of the State of Florida dated the filth day of May, 1979, Case No. RC-78-036, hereby recognizes the Federation of Public Employees, a division of District No. 1, Pacific Coast District, Marine Engineers' Beneficial Association, AFL-CIO, as 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 the unit certified pursuant to the aforementioned case number. 1 -2- 1 ARTICLE III REPRESENTATION OF THE EMPLOYEE ORGANIZATION 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 in writ- ' ing of any change in the designation of its authorized business representatives subsequent to the execution of this Agreement. It is agreed and understood that for the purpose of collective bargaining negotiations with the City, the Federation shall be represented only by its authorized business representatives and appointed delegates. -3- ARTICLE IV MANAGEMENT'S RIGHTS 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 and adopted contract• 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 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, 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 numbed of hours and shifts to be worked per week including starting and quitting -4- time of all employees -subject to one week notice if hours are to be changed except in cases of emergency. G. .- To determine the number, types, and grades of positions or employees assigned to an organi- zational 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 providing the above mentioned items be of a safe and healthful condition for the employees in the sole discretion of the City. 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 dis- cretion of the City, may be required to perform duties not within their job description, but within the realm of related duties. 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, oper- ation 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. Any right, privilege, or function of the City not specifically released or modified by the City in this Agreement shall remai„ exclusively with the City. Should the City fail to exercise its rights in any of the al5ove functions from time to time, this shall not be construed or deemed a waiver of the -5- Ii 1 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. Ma - ARTICLE V PROHIBITION OF STRIKES 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. There will be no strikes, work stoppages, slowdowns, 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. Recognizing that Florida Law prohibits the. activities enumerated above, the parties agree that any member who parti- cipates in or promotes a strike, work stoppage, slowdown, - boycott, failure`or refusal to perform work, or any other job action, overt or covert, which objectively interferes with the orderly operation of any of the Departments in the City may be discharged or otherwise disciplined by the City. It is recognized by the parties that activities en- umerated above are contrary to the ideal of professionalism and to the City's community responsibility and that any viola- tion of this Article would give rise to irreparable damage to the City and to the public at large. Accordingly, it is under- stood 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. For the purpose of this Article, it is agreed that the Employee Organization shall be responsible and liable for -7- 1 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. ' S -11 r 1 v ARTICLE VI NON-DISCRIMINATION The City will not discriminate against any employees covered by this Agreement because of membership in the Federation. 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. For the sake of convenience, the use of the male gender herein, is intended to apply to both male and female employees. The parties agree not to interfere with the right of any employee to become a member of the Federation; withdraw from membership from the Federation; or refrain from becoming a member of the Federation. There s'hall be no discrimination against any employee covered by this Agreement by reason of race, creed, color, national origin, sex, age, Federation membership or activity, or lack of Federation membership or activity. -9- 181 1 1 ARTICLE VII DUES DEDUCTIONS Dues deductions shall be made per form attached hereto. There shall be no charge made by the City for deduction of Union dues. The exact dollar amount to be deducted for each employee shall be provided by the Federation to the City. Any change in the amount to be deducted shall be given to_ the City four weeks in advance. Dues shall be transmitted to the Federation within 30 days after monthly deduction. -10- J ARTICLE VIII 1 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 notifi- cation to the City and the Federation. WITNESS: NAME Signature Date: NAME Printed epartment Copy furnished to: Federation of Public Employees, a division of District No. 1, Pacific Coast District, Marine Engineers' Beneficial Association, AFL-CIO 409 East Broward Boulevard, Suite 200 Fort Lauderdale: Florida 33301 -11- i 9 5 ARTICLE IX HOLIDAYS 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 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 sub- mit a physician's statement or a statement or authorization from the department head to be compensated for said holiday. If a normal workday falls on a holiday and a member is required to work, the member shall have the option of: -pay at double time for the day, or -pay at straight time for the day and accrual of one (1) day under Holiday Leave for future use. Holiday Leave may be accumulated, but not to exceed five (5) working days at any time during a member's tenure of employ- ment. .12f ARTICLE X HEALTH INSURANCE The City shall provide group health insurance coverage after ninety (90) calendar days of employment for the member at no cost to the member. , If the employee desires dependent coverag, it will be subsidized by the City at the City's contribution rate in effect at the time of the execution of this contract. 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. The Federation will be notified when the City is soliciting -proposals for group health insurance coverage so that the Federation may submit a list of insurance represent- atives and/or companies to be included on the City's bidders list. If the Federation has health insurance proposals for consideration, they may submit them to the City for review at any time during the term of this contract. dtz ARTICLE XI WORKWEEK AND OVERTIME The standard work week shall consist of forty (40) hours. The City Manager shall establish the standard work week and hours of work best suited for occupational groups and departments in order to meet the needs of s=rvice to the community and the public. The standard work week may vary with different departments. The lunch period shall last for one (1) hour, scheduled with approval of the City Manager. In providing one (1) hour for lunch, it is understood that no formal breaks are to be taken and that this period is not included in the standard work week.. 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 six (6) minutes, shall cause a member to be penalized in quarter hour (15) minute units for each fraction of such period absent. Personnel in supervisory functions are not entitled to overtime. There shall not be compensation for any hours spent working outside the normal assigned working hours unless approved in advance by the Department Head or by the City Manager. The City will allow comp. time provided the comp. time is taken by the end of the calendar year. If it is not used by the end of the year, the employee would be paid off for this time. `• -14- 191 1 All compensatory time in an accumulated status on the effective date of this Agreement shall be taken prior to December 31, 1980. Any time not taken by this date will be forfeited. Any employee wishing to receive pay in lieu of the compensatory time accumulated prior to the effective date of this Agreement shall request payment prior to December ' 31, 1979. Employees working in the classification of Dispatcher and Receptionist shall be entitled to one fifteen (15) minute break (rest period) during the first half of their assigned work shift and an additional fifteen (15) minute paid break (rest period) during the second half of their assigned work shift. If an employee covered by this Agreement is called out to work at a time outside his/her normal working hours, he/she shall receive a minimum of three (3) hours pay at regular time at the basic rate of pay. Any hours worked in excess of forty (40) hours will be paid as regular overtime. Holidays and vacation time will be counted as hours worked in calculating overtime in any work week. -15- i 9 '13 ARTICLE XII WORK IN OTHER CLASSIFICATIONS 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 eighty (80) con- secutive hours 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 eighty (80) hours. The employee temporarily working in a higher classifi- cation as herein indicated shall be paid at a step in that " higher classification which would be at least four percent (0) higher than the present rate of pay. If the temporary acting position is for a substitution of a member absent on authorized leave, it shall 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. If a member is temporarily assigned to work in a lower paying job classification, he (she) will not receive a decrease in pay. 1 -16- ARTICLE XIII GRIEVANCE PROCEDURE AND ARBITRATION A grievance is any dispute or controversy arising out of the application or interpretation of this Agreement. FILING GRIEVANCES The City desires to adj.ust 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 within five (5) working days after the incident occurs. 11 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. 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 supervisor �r mast attend and state the reasons for his earlier decision. d. The department head shall give a written decision within four (4) working days from the date of the hearing. -17- 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 ---quest 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 repre- sentative. 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 ag- grieved employee shall then have three (3) days to submit a grievance, in writings to the department head who shall render a written decision within four (4) working days. -18- 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 herring, the em- ployee 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 em- ployee 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 or informal at no loss in pay to the repre- sentative. C. In the event the aggrieved employee and the Federation are not satisfied with the decision of 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 consider- ation of the parties. -In the event the parties are unable to agree upon a neutral within five (5) working d&�; after the arbitration is invoked, the parties shall jointly petition the American Arbitration Asso- -19- J ciation or the Federal Mediation Conciliation Service and request a list of five (5) qualified arbitrators 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 bindingupon both ' P parties. The arbitrator shall not be empowered to alter, amend, �-d to, or eliminate any provisions of this Collective Bargaining Agree- . ment. Expenses incident to the services of the arbi- trator shall be borne equally by both parties. D. In the event that an employee has been disciplined 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 arbi- trator. E. In the event that any employee has been suspended 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 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. -20- ARTICLE XIV BULLETIN BOARDS The City will.provide two (2) bulletin boards for the exclusive use of the Federation and solely for posting of official union materials. , The Federation agrees that the mar:-ial posted shall not reflect adversely on the City. All notices must be signed by an officer of the Union and approved by the City Manager prior to posting. All notices or bulletins of the Federation that are to be posted must be submitted to the City Manager for the City, or his duly authorized representative, for approval prior to posting with a copy for the City. There shall be no other general distribution or posting by employees of pamphlets, advertising or political matter, notices, or any kind of literature upon City property other than as herein provided. The bulletin boards, authorized by the City for use by the Federation, may be used by the Federation, under the terms of this Article, only for the purpose of posting the following notices and announcements: (a) Notices of Federation meetings and minutes of meetings; (b) Notices of Federation elections; (c) Notices of Federation appointments to office; (d) Notices of Federation recreational, social affairs and benefits. Approval of the above -enumerated notices shall be IT granted by tE: 'ity Manager, or his duly authorized represent- ative, unle„ :he material violates the provisions of this -21- 1 Agreement or is harmful to employee labor relations. Any intentional violation of this provision by the Federation will result in the privilege of such use of the bulletin boards being withdrawn. -22- ARTICLE XV 1 BEREAVEMENT LEAVE To express the City's concern for a member during time of bereavement, three (3) days of emergency funeral leave with pay shall be granted for in -State funerals in the event of a death in the immediate family. An additional two (2) days will be granted for out -of -State funerals. The compensation for these two (2) additional days will be paid from any accrued leave time available. Immediate family shall be defined as spouse, children, mother, father, sister, brother, grandmother, grandfather, grand- children, step-parents, 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. In authorizing emergency funeral leave, the supervisor 11 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 In order for an employee to be eligible for emergency funeral leave, he(she) must contact his(her) Department Head during the first day of bereavement to notify the City that he(she) will not be at work. Any additional bereavement leave over the three (3) days may be granted in justifiable circumstances with the approval of the City Manager. The compensation for these addi- tional days will be paid from any accrued leave time available. -23- ARTICLE XVI SICK LEAVE 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 em- ployment. 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 one (1) hour. Sick leave shall not be considered a right which a member may use at his (her) own discretion, but rather a privi- lege which shall be allowed only for the following reasons: (a) Absence due to personal illness or injury (b) Personal medical and dental appointments (c) Absence due to contagious illness in the member's immediate family (father, mother, sister, brother, children and spouse) (d) Absence due to attendance upon members of the family within the household of the employee whose illness requires the care of such employees. A member on probation earns sick leave immediately and is -able to use the sick leave during the six (6) month proba- tionary period. 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 a such communication. -24- A member who is absent from work due to an illness in excess of five (5) days shall be required to submit a physician's statement of physical condition, however, when deemed necessary, the Department Head may require proof of any illness. Abuse of sick leave is grounds for disciplinary action. Excessive use of sick leave shall be closely monitored. A member out of work die 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 Worker's Compen- sation, sick leave may be restored on a dollar for dollar ex- change upon the employee reimbursing the City the value of the sick time that has been paid. 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 25% 50% 100% The first 60 days 61-99 days 100 days and over 1 -25- ARTICLE XVII VACATION LEAVE I All members shall be entitled to vacation leave after satisfactorily completing a six (6) month probationary period. At the beginning of each fiscal year, the department head shall submit a tentative vacation schedule of the department, based on seniority, for the fiscal year to the City Manager for approval. Vacation leave shall be earned at the following rate: SERVICE VACATION 0 THROUGH 5 YEARS 12 PAID DAYS PER YEAR AFTER COMPLETION OF 5 YEARS THROUGH 10 YEARS 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. A member eligible for twelve (12) days annual vacation shall take a minimum of five (5) consecutive working days per year. A member eligible for fifteen (15) days annual vacation shall take a minimum of either eight (8) consecutive working days per year or two periods of five (5) consecutive working days each year. Vacation leave may be accumulated, but not to exceed thirty (30) days at any time during a member's tenure of employment. Upon termination of employment for any reason, 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. Vacations for each fiscal 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. -26- 0 1 1 During the month of October of each year, the City shall post a vacation leave bid -schedule which will be in effect for the following year. Employees will be granted an opportunity to select scheduled vacation leave on the basis of seniority. All vacations shall be granted with the approval of the depart- ment head. Unscheduled vacation leave may be taken in increments of one (1) day at a time by giving the employee's Department Head or the City Manager reasonable notice and obtaining the approval of the Department Head and the City Manager. 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. -27- 4 ARTICLE XVIII PERSONAL LEAVE Personal leave shall be granted to members of the bargain- ing unit at the rate of three (3) working days (24 hours) per year, after satisfactorily completing a probationary period, at the discretion of the Department Head and final approval of the City Manager. When an employee becomes eligible for all City benefits, he (she) shall be granted three (3) personal days (24 hours) which may be utilized during the following twelve (12) months. Every year on this date, the employee shall forfeit any of the three (3) days (24 hours) not used and be granted three (3) new days (24 hours) for the coming year. If the employee terminates service, for any reason, any personal days taken during the year which were not earned at the rate of one (1) day or eight (8) hours every four (4) months, shall be reimbursed to the City. Personal leave is not accumulated from year to year and is forfeited at termination. I 1 1 ARTICLE XIX TOTAL AGREEMENT The parties agree that this collective bargaining Agreement represents the total agreement for terms and con- ditions of employment, between the parties, for the life of the Agreement. No changes shall be made except in writing executed by both parties. This Agreement supersedes any prior Agreements or practices in effect at date of execution. -29- ARTICLE XX DURATION OF AGREEMENT 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 ex- piration 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 bar- gaining upon the other within a reasonable time.prior to the expiration of this Agreement. It shall include a list of pro- posals which shall inform the other party of the items they - desire to meet within ten (10) days after the receipt of written notice of a request for a meeting for collective bar- gaining purposes. Any Federal, State or Local Legislation which has im- pact upon this Agreement shall be reviewed by both parties with advice of legal counsel so as to properly adjust to com- ply with the law when appropriate. -30- y) Q ARTICLE XXI ADMINISTRATIVE LEAVE . Administrative, leave may be granted to an employee at the discretion of the supervisor and approved by the City Manager for the following reasons: -courses, exams and job related educational activities -time off with pay for non -required employees during extreme weather or other emergency situations, where such excused time is authorized by the City Manager -reasonable time off with pay for the good of the City service; i.e., to vote; to attend the funeral of a fellow employee 11 -31- 4 1 ARTICLE 'XXII MERIT INCREASES A salary increase shall be based on merit. A merit increase in salary rewards an employee who is continually doing above satisfactory performance. An employee who begins at the minimum of the pay grade shall become eligible for a pay increase after satisfactorily completing a probationary period. The Department Head grants a pay increase on merit and not on the passage of time. An employee becomes eligible for consideration of merit increases on the anniversary of the first increase granted. All merit increases stop when an employee reaches the top of the pay grade. Each member of the bargaining unit who has fifteen (15) years of service or more with the City and who is at the top of his/her pay grade shall receive on his/her annual anni- versary date a pay increase of two percent (2%). Increases granted shall be effective at the inception date of the following pay period. Employees of this unit will be informed of their evalu- ation through a conference with the employee's supervisor. The employee will be given a copy of the evaluation to sign, and a copy to keep. This signature will acknowledge that the employee has seen the evaluation, and does not necessarily acknowledge agreement with the evaluation. The employee may attach a reply to the evaluation. Employees shall be given a copy of any reprimands and evaluations which are placed in their file. The employee may submit a rebuttal statement as part of the reprimand or evalu- ation and such statement shall remain in the employee's personnel file as long as the evaluation or reprimand is retained on file. - 32- 1. The City represents that it will strive for consis- tency in merit evaluations. The City agrees that it will review merit procedures during the year subsequent to the effective date of this Agreement and that it will permit the Federation to submit input in this area. The parties agree that the Federation may re -open this Article for further negotiations no earlier than October 1, 1980. 2 1 -33- 0 0 ARTICLE XXIII PROMOTION, TRANSFERS 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. A employee shall be placed on a six (6) month pro- bationary period at the time of promotion. The supervisor shall review the employee after the six (6) months and make his (her) recommendations to the City Manager for consideration of a pay increase. If an increase is granted, this shall become the employee's anniversary date and he (she) shall be reviewed annually on this date. A transfer is the switching of an employee to a job on an equal level in the same or another department. An employee may submit a written request for considera- tion, 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 depart- ment heads, the City Manager, and insofar as practicable, the employee concerned. An employee transferring to another department may be required to serve a new probationary period in the position equal to the normal probationary period for that position. If performance after the transfer is not satisfactory, the employee may be returned to the original department or position (or anywhere an opening exists) for which the employee is qualified. If there is no position available, then the em- ployee shall be placed in a layoff status and the provisions of the Seniority Section of this Agreement pertaining to recall shall apply. All accrued benefits shall be kransferred with the employee. The probationary period does not affect the employee's entitlement to City benefits granted after satisfactorily com- pleting the initial probationary period. -34- ARTICLE XXIV�� • JURY DUTY AND APPEARANCE AS A WITNESS In an attempt to help an employee perform certain civic responsibilities when called upon, the City shall provide leave for jury duty or appearance as a witness, After an employee has been subpoenaed by a private party to a litigation and testifies while being excused from duty with pay, he (she) shall accept the witness fee, but shall be required to turn over the fee to the City. If the employee is required to appear as a witness as a result of litigation involving the City of Tamarac and the use of a personal vehicle is required, then the employee shall be reimbursed in accordance with the "Personal Vehicle Compen- sation" Article of this contract. The witness fee check should be properly endorsed, attached to the completed Request for Leavo of Absence form and forwarded, along with the attached check, to the Personnel Office. An employee who does not turn in witness fees as required, shall be charged for the period of absence from work. Jury fees shall also be returned to the City. An employee who is bringing suit upon another party or who is being sued shall not be eligible for this leave. 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:�OO P.M. -35- • ARTICLE XXV PERSONAL VEHICLE COMPENSATION �I 1 The City, subject to its authorization, agrees to compensate employees in the bargaining unit who use their own motor vehicles while traveling on City business, at the rate ' established by the City Council for all employees. -36- 1 I ARTICLE XXVI SAFETY AND SAFETY COMMITTEE The City and the Federation recognize the importance of an adequate safety program. Accordingly, there shall be a safety committee formed with representatives from the ' Federation, and employees appointed by the City Manager. The Committee shall meet once a month on working days, during working hours, with the employee representative serving without loss of compensation. 2 -37- 413 1 u ARTICLE XXVII MILITARY LEAVE The City agrees to allow military leave for employees in the bargaining unit pursuant to state law. -38- L 11 1 ARTICLE XXVIII VOTING TIME Employees covered under this agreement shall be given reasonable time off not,to exceed one hour with pay in order to vote in all national, state and local and municipal elections in which he or she is eligible to vote. This time shall not be deducted from the employee's vacation leave or sick leave. -39- 0 0 1 1 ARTICLE XXIX BLOOD BANK All employees covered under this agreement shall be given reasonable compensated time not to exceed two hours off to make donations to blood banks located within the City of Tamarac. The aforementioned blood banks may be sponsored by the City or the Federation. -40- 0 l (l 9 ARTICLE XXX SENIORITY Seniority shall be defined as the total amount of uninterrupted continuous service with the City. Seniority shall commence from the employee's first date of service. In the event that it is necessary to reduce the work force, all layoffs shall be according to seniority by classi- fication within a department. All laid -off employees shall have the first rights of recall. Those members of the bargain- ing 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 certi- fied 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 re- serves the right to temporarily assign employees to the vacancy until the recalled employee reports to work. o 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 abolition of a position, the City shall endeavor to find another position in the City for the employee. All employees shall receive at least two (2) weeks notice of layoffs; or, in lieu of notice, two (2) weeks com- pensated tire at his or her regular rate of pay. The Federation shall be furnished copies of all layoffs at the same time as the laid -off employee receives notice. -41- ;) 1 ARTICLE XXXI WAGES Upon execution of this contract, the City will increase, with exception of any C.E.T.A. covered employees, the wages for each permanent position classification; for permanent employees covered in the bargaining unit in accordance with the following schedule: INCREASE EFFECTIVE DATE 10% JUNE 1, 1979 7% OCTOBER 1, 1979 7% OCTOBER 1, 1980 Employees who are classified in permanent positions who are in a probationary status as of the date of contract will receive retroactive pay increase on June 1, 1979 or date of hire, whichever is later. a n 1 -42- 9 1 I ARTICLE XXXII SAVINGS CLAUSE 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. Members of the Bargaining Unit shall continue to enjoy those benefits established in writing and enjoyed at the time of the execution of this Agreement that are not covered by this Agreement, subject to modification by the City Council after two (2) weeks notice has been provided to the Federation. IN WITNESS WHEREOF, the parties hereto have hereunto set their -hands on the respective dates shown under the signatures. APPROVED AS TO LEGAL SUFFICIENCY Arthur M. Birken, City Attorney ATTEST: CITY CLER CITY OF TAMARAC BY ' ' Walter F ck, Mayor This y o f ,G�ay 19 7 9 BY Edward A. Gross, it 'M1979er This day of FEDERATION OF PUBLIC EMPLOYEES, A DIVISION OF DISTRICT NO. -I, PACIFIC COAST DISTRICT MARINE ENGINEERS' BENEFICIAL ASSOCI- AT I O N ,,After 10 / Gi__ 11 TIT vi Director '. T h i s BYa'---`�`„' TITLE Directo f Resear;h1979evelo This •7 — day of BY TITLE Regl Rep resent at197 iona9 This Z-t_day of-?2jt: -/ -43-