HomeMy WebLinkAboutCity of Tamarac Resolution R-84-394e
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Introduced by_f Temp. #3413
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-84-,:jf�
A RESOLUTION PROVIDING FOR ACCEPTANCE OF THE AGREEMENT
OF THE FEDERATION OF PUBLIC EMPLOYEES (WHITE COLLAR
AND BLUE 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 (White Collar and Blue Collar) for the
period from October 1, 1984, to September 30, 1987, 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 day of ,C-e�� , 1984.
24
25
26 ATTEST:
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29
3311
34
35
36
•
OR
I HEREBY CERTIFY that I have approved
the form and correctness of this
Resolution.
n---��
CITY
-7Mal
RECORD OF COUNCIL VOTE
MAYOR: KRAVITZ
DISTRICT4: V/M STEIN
DISTRICT3: C/M STELZER
DISTRICT2: C/M MUNITZ
DISTRICTL CIM BERNSTEIN
,, 50. g►�-3�
CONTRACT
BETWEEN
THE CITY OF TAMARAC
AND
THE FEDERATION OF PUBLIC EMPLOYEES-FPE
OCTOBER 1, 1984 THROUGH SEPTEMBER 30, 1987
TABLE OF CO TENTS
l sr
iPreamble ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.01
2 Recognition.................................2
3 Equal Opportunity .......................... 2
4 Definitions.................................3-4
5 Management's Rights .........................5-6
6 Federation Representation.— ................7
7 Dues Deduction and Check-off................8
8 Grievance and Arbitration Procedure.....00.09-10-11-12
gWages......................................13
10 Annual Leave...............................14-15
11 Health Insurance ...........................16
12 Benefit Options ...... ....... ....... ........ 17-18
13 Workers' Compensation Injury...............19
14 Holidays..................................020-21
15 Work Week, Over -time and Call-back... .... ..22-23
16 Seniority..................................24
17 Promotions ... .... ............ ..............25-26
18 Transfers..................................27
19 Work in Other Classifications..............28
20 Lay-offs...................................29-30
21 Safety., ......... oo— ........... o ... 0"'31
22 Bereavement Leave, .......................32
23 Jury Duty and Appearance as a Witness .... ..33
24 Probationary Period ........................34
25 Bulletin Boards ............................35
26 Prohibition of Strikes.....................36
27 Miscellaneous.............................036
28 Savings Clause .............................36
29 Term of Agreement ..........................37
Page i
This Agreement is entered into this /.2 A day of
or"I' , 1984, by and between the City of Tamarac, Florida, a
municipal corporation of the State of Florida hereinafter referred to
as the •City" and the Federation of Public Employees, a division of
District 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 determination of
wages, hours and other conditions of employment of employees covered
by this Agreement. It is recognized it is the responsibility of the
itty government to provide services affecting the health and welfare
of the citizens of the City of Tamarac and this Agreement between the
City and the Federation will serve that end.
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Page 1
2.1 The City agrees to hereby recognize the Federation of Public
Employees, a division of District No. 1, Pacific Coast District, Marine
Engineers' Beneficial Association, AFL-C10 as the sole and exclusive
bargaining agent for the purpose of collective bargaining with respect to
wages, hours and conditions of employment for those employees of the City
i
working within Case #RC-78-036-(white Collar) and Case #8H-RC-773-0026
(Blue Collar) as certified by the Public Employees' Relations Commission of
the State of Florida.
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3.1 The City and the Federation shall not discriminate against any
member of the bargaining unit on the basis of race, religion, color, creed,
sex, age, national origin, handicap, Federation membership or activity, or
lack of Federation membership or activity.
3.2 For the sake of convenience, the use of the male gender herein, is
intended to apply to both male and female employees.
Page 2
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113 V •
The following words shall have the meaning herein given them:
AGREEK=:
That document which delineates the items and terms which
were mutually agreed to as the result of collective
bargaining.
�j�p,SSTFIC TALON:
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
nment
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 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 PtTRT IC EMPL_-QYM:
A division of District No. 1, PCD, MEBA, AFL-CIO, which
has been granted the right to represent exclusively the
members
withf"FPE"bargaining
referredunit.
to hereinAssociation is synony-
mous
ion
An employee hooldin aimuofmforty (40)ghours eted pper tsched-
week
uled to work
PART-TIME EMPLOYEE: nent budgeted position sched-
An employee holding a perma
uled to work a minimum of twenty (20) hours per week.
PAY STATUS:
An employee who is physically at work or is on an auth-
orized leave of absence with pay.
Page 3
ARTICLE 4
DEFINITIONS
PAGE 2
PERC:
Public Employees Relations Commission, a regulatory
state agency created under CA. 447 (F.S).
PERA:
Public Employees Relations Act, CA. 447 (F.S.), as sub-
sequently amended governing collective bargaining with
public employees.
PERMANENT POSITION:
Any position vacant or filled which is designated as
such by the City budget.
PERMANENT STATUS •
An employee classified in a position designated by the
City budget who has satisfactorily completed a prob-
ationary period.
PROBATIONARY EMPLOYEE (NEW BTRF):
An employee who is serving his probationary period prior
to being regularly appointed to a permanent position.
PROBATIONARY EMPLOYEE (PROMOTION) :
An employee who is serving his probationary period prior
to attaining permanent status in a higher classifica-
tion.
PROBATIONARY PERIOD (NEW AIRE):
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 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:
Continuous length of service with the City of Tamarac
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 Tam-
arac and FPE and approved by the Florida Public Employ-
ees Relations Commission to be appropriate for the pur-
pose of Collective Bargaining.
The standard work week shall consist of 40 hours.
Page 4
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5.1 The Federation recognizes the right of the City to oper-
te, manage and direct affairs of all departments within the City,
xcept as otherwise expressly provided elsewhere in this Agreement,
including the exclusive right:
5.2 To manage, direct and totally supervise without interfer-
ence from the employees of the City.
5.3 To hire, re -hire, promote, transfer, schedule, train,
assign and retain employees in positions with the City and to
establish procedures therefore. -�
5.4 To suspend, demote, -discharge, lay off or take other
disciplinary action against employees for just cause in accordance
with the City's rules, regulations and procedures.
5.5 To maintain the efficiency of the operations of all
lepartments in the City.
5.6 To determine the structure and organization of City
government including the right to supervise, subcontract, expand,
consolidate or merge any department and to alter, combine, eliminate
or reduce any division thereof.
In the event the City chooses to subcontract, the City will make every
effort to place the affected employees within the City's employ. If
this action necessitates lay-off of any employee, the City will give
at least sixty (60) days notice to the employee.
5.7 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 (1) week notice if
Page 5
ARTICLE 5
MANAGEMENT'S RIGHTS
PAGE 2
hours are to be changed except in cases of emergency.
5.8 To determine the number, types and grades of positions or
employees assigned to an organizational unit, department or project,
and the right to alter, combine, reduce, expand or cease any position.
5.9 To continue to control any other function that has been
carried on by the employer prior to the date of this contract and not
mentioned in this Agreement.
5.10 To establish, change or modify duties, tasks, responsi-
bilities or requirements within job descriptions.
5.11 It is understood by the parties that every incidental duty
connected with operations enumerated in job descriptions is not always
specifically described and employees, at the discretion of the City,
may be required to perform duties not within their job description,
but within the realm of related duties.
5.12 The City shall formulate all City policies and,procedures
including rules and regulations which will serve as a guide for the
conduct, responsibilities and duties of all employees covered by this
Agreement. The use, location, operation and personal policies
including care and maintenance of any equipment or property of the
City used by the employees covered by this Agreement shall be subject
to the exclusive direction and control of the City. However, if any
changes are made regarding any policies and procedures, the City will
give the Federation two (2) weeks notice before any changes are made.
5.13 Any right, privilege or function of the City not specifi-
cally released or modified by the City in this Agreement shall remain
exclusively with the City. Should the City fail to exercise its
rights in any of the above functions from time to time, this shall not
be construed or deemed a waiver of the City's prerogative to exercise
any or all rights or functions listed herein provided that rules and
regulations that have not been enforced shall be posted or otherwise
brought to the attention of the employee and reasonable notice pro-
vided to the employee that the terms will be enforced.
Page 6
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ARTICLE 6
• . . u 81
6.1 Neither party, in negotiation, shall have any control over
the selection of the negotiating or bargaining representatives of the
other party. The bargaining committee of the Federation shall consist
of not more than six (6) employee representatives who may attend all
bargaining sessions during working hours at no loss of pay. The
Federation will furnish the City Manager or designee with a written
list of the Federation's bargaining committee prior to the first
bargaining meeting and substitution changes thereto if necessary.
6.2 The membership of the Federation shall be represented by its
authorized business representatives. It shall be the responsibility
of the Federation to notify the City Manager or designee in writing of
any change in the designation of its authorized business representa-
ives subsequent to the execution of this Agreement.
. 6.3 It is agreed and understood for the purpose of collective
bargaining negotiations with the City, the Federation shall be repre-
sented only by its authorized business representatives and appointed
delegates.
Page 7
ARTICLE 7
7.1 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.
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 not be
required to reimburse the City for administrative costs of payroll
deductions withheld by the City. j
7.2 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.
7.3 The City shall have no responsibility or liability for any •
monies once sent to the Federation, nor shall the City have any
liability or responsibility for the improper deduction of dues. The
Federation will indemnify, defend and hold the City harmless for any
claims made and against any suits instituted against the City for any
and all non -intentional errors in the administration of the dues
deduction system.
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Page 8
a
1 BTTRATTONnDM0WnTJ'
8.1 A grievance shall be defined as any controversy or dispute
rising between the parties involving questions of interpretation or
application of the terms and provisions of this Agreement and other
conditions of employment. Saving a desire to create and maintain labor
relations harmony between them, the parties hereto agree that they will
promptly attempt to adjust all complaints, disputes, controversies or
other grievances arising between them involving questions of interpre-
tation or application of the terms and provisions of this Agreement and
other conditions of employment.
8.2 Thus, should differences or disputes arise between the
parties to this Agreement or between the employees covered herein and
the City, other than cases of discharge and/or suspension, the ag-
rieved party to this Agreement shall use the following procedures:
STEP 1
In the event an employee believes there is a basis for a
grievance, said employee shall first discuss promptly the alledged
grievance with the immediate supervisor, either privately, or if said
employee prefers, accompanied by the on -site Federation representative
within five (5) working days of time of the date of the occurrence of
the event giving rise to the grievance. The supervisor shall then
respond within five (5) working days.
STEP
In the event the aggrieved employee and/or the Federation
is not satisfied with the decision of the supervisor, the grievant
and/or the on -site Federation representative shall present the
Page 9
ARTICLE 8
GRIEVANCE & ARBITRATION PROCEDURE
PAGE 2
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grievance in writing to the employee's department head within five (5)
working days of the date of the aforesaid decision. Upon presentation
of this written grievance to the department head, and within five (5)
working days thereafter, the department head, the employee and the on -
site Federation representative shall attempt to resolve the dispute.
Within five (5) working days thereafter, the department head shall
render a decision in writing to both the employee and to the on -site
Federation representative.
STEP 3
In the event the aggrieved employee and/or the Federation is
not satisfied with the written answer to Step 2 above, the said grie-
vance shall be presented within five (5) working days after the writ-
ten answer above to the City Manager or designee, who will, within five
(5) working days of the receipt of same, meet with a representative of
the Federation in an attempt to resolve the said grievance. At this
meeting, the employee and/or the on -site Federation representative may
also be present. Within five (5) working days after this meeting, the
City Manager or designee shall render a decision in writing.
8.3 In the event an employee is discharged or suspended by the
City, the aggrieved party to this Agreement or employee or employees
shall, within five (5) working days, grieve his discharge and/or
suspension to the City Manager or designee who shall, within five (5)
working days of the receipt of the same, meet with a representative of
the Federation in an attempt to resolve the grievance. At this meeting
the employee and/or the on -site Federation representative shall also be
present. Within five (5) working days after this meeting, the City
Manager or designee shall render his decision in writing.
Page 10
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ARTICLE 8
GRIEVANCE & ARBITRATION PROCEDURE
PAGE 3
8.4 With respect to discharge or suspension, the City shall
notify the affected employee no later than ten (10) working days from
the date the City Manager or designee fixes the responsibility for the
incident upon which the discharge and suspension is based.
8.5 The City's failure to comply with the ten (10) working day
period shall constitute a waiver of its rights to take any disciplin-
ary action against the employee or employees, including but not limited
to, oral reprimand, written reprimand, suspension or discharge, for the
incident.
8.6 The time limitations provided in this Article shall be
rictly observed and shall be extended only by written agreement of
e parties. In the event the City or the Federation fails to comply
with any of the aforestated time limitations in Steps 1-3 of the
grievance procedure of this Article, the City shall be deemed to have
waived its right to contest said grievance and said grievance shall be
sustained with all requested relief automatically implemented, and
should the Federation fail to so comply the grievance shall be deemed
denied and no relief granted.
8.7 Application to this procedure shall foreclose the griev-
ant from appealing to any other available procedure or vice -versa.
8.8 Nothing in this Article shall require the Federation to
process grievances for employees who are not members of the Feder-
tion, in conformity with Florida law.
8.9 in the event any dispute and/or difference, including
discharge and suspension, have been properly processed through the
grievance procedure without resolution, the Federation may demand
arbitration and this demand, in writing, shall be presented to the
Page 11
ARTICLE 8
GRIEVANCE & ARBITRATION PROCEDURE
PAGE 4
City Manager or designee within ten (10) working days from the receipt
of the decision of the previous step.
8.10 The arbitrator shall be appointed by mutual consideration of
the parties. In the event the parties are unable to agree upon a
neutral arbitrator within ten (10) working days after the arbitration
is invoked, either party may petition the Federal Mediation and Con-
ciliation Service and request a list of five (5) qualified arbitrators
and from said list the parties shall alternately strike and select a
single arbitrator to preside as a neutral at the hearing involving the
grievance.
8.11 The decision of said arbitrator shall be final and binding
upon both parties. The arbitrator shall not be empowered to alter,
amend, add to, or eliminate any provisions of this Agreement. Expenses
of the arbitrator shall be borne equally by both parties. Each party
shall pay its own expenses.
8.12 In the event an employee has been disciplined to the extent
he or she has been suspended or discharged and is reinstated by an
arbitrator's decision, the employee shall be reinstated with all back
pay and with no loss or impairment of any rights under this Agreement
or other rules and regulations of the City unless directed otherwise by
the arbitrator.
8.13 In the event any employee has been suspended and the suspen-
sion is upheld, that employee, upon the expiration of the suspension,
shall be fully reinstated to his former position with no loss or im-
pairment of any of his rights under this Agreement or other rules and
regulations of the City unless otherwise directed by the decision of
the arbitrator.
Page 12
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9.1 Effective October 1, 1984, all employees who were on the
�*an
ue Collar Pay Plan will be integrated within the White Collar Pay
(FPE Pay Plan as of October 1, 1984). The pay grade and step
will be determined by current salary, but will in no case represent a
reduction in salary. The integrated pay plan will be adjusted to re-
flect a one (1%) percent increase at each step.
9.2 On April 1, 1985, each full-time, permanent employee (ex-
cept employees at Step H of the Pay Plan) shall receive a one (1) step
four (4$) percent increase.
1, 1985, the PPE Pay Plan shall be ad-
9.3 Effective October
justed to reflect a five (5%) percent increase between steps.
9.4 On April 1, 1986, each full-time, permanent employee (except
employees at Step A of the Pay Plan) shall receive a one (1) step five
�5$) percent increase.
, the first step (Step A) of the FPE Pay
9.5 On October 1, 1986
Plan shall be eliminated. Step B shall be the starting salary and the
new Step A. An additional step (new Step H) shall be added at a five
(5%) percent compounded differential, maintaining eight (8) steps in
each pay grade.
1, 1987, each full-time, permanent employee (except
9.6 grade.
April
one (1) step five
P
em loyees at Step H of the Pay Plan) shall receive a
(5$) percent increase.
oyee who has completed one (1) year at Step
9.7 A full-time empl
H of his pay range shall receive a lump sum longevity payment annually
unt of two (28) percent of Step H
on his anniversary date in the amo
annual gross salary. Actual payment will be made on the next regu-
arly scheduled pay day.
Page 13
ANNUAL LEAVE
10.1 All accrued Vacation, Sick, and Personal Leave shall now be
combined and called Annual Leave. All employees shall be entitled to
nual Leave after satisfactorily completing a six (6) month probationary
period. Annual leave may be used at the discretion of the employee with
the approval of the department head. There is no maximum accrual.
10.2 Upon termination, the employee shall be paid for Annual Leave
accrued, in varying percentages based on service, as of October 1, 1984:
0 - 12 months
13 months to 24 months
25 months to 36 months
37 months to 48 months
49 months to 60 months
60 months +
0%
20%
40%
60%
80%
100%
10.3 All sick leave accrued prior to October 11 1984 may be con-
verted to a cash payment or carried over at the buy-back rate as follows:
ACCUMULATED DAYS
% OF BUY-BACK
0-30 days
25%
31-60 days
50%
61-99 days
75%
100 days and over
100%
10.4 All vacation leave accrued prior to October 1, 1984 is car-
ried over.
10.5 All personal leave accrued prior to October 1, 1984 is for-
feited. Effective October 1, 1984, all employees will be credited with
three (3) personal leave days. If employee has used any personal leave
after October 1, 1984, the total personal leave day(s) will be deducted
from the three (3) days credited as of October 1, 1984.
10.6 The department head shall submit a tentative vacation schedule
of the department, based on seniority, no later than March 1st of each
year, to the City Manager or designee for approval.
An employee shall take a minimum of eighty (80) consecutive
working hours or two (2) periods of forty (40) consecutive working hours
per year.
Page 14
ARTICLE 10
ANNUAL LEAVE
PAGE 2
10.7 Annual Leave shall be earned and computed at the following new
percentage rates:
SERVICE
0 through 60 months (up to 5 years)
61-120 months (5 through 10 years)
121-180 months (10-15 years)
After completion of 15 years
10.8 An employee shall give
anticipated leave such as illness.
t th u ervisor within
ANNUAL LEAVE
27 pd days per year (216 hrs)
30 pd days per year (240 hrs)
33 pd days per year (264 hrs)
36 pd days per year (288 hrs)
the supervisor advance notice of
If this is not possible, an employee
one (1) hour after starting time,
shall contac e s p
unless extenuating circumstances prevent such communication for which
documentation may be required by the supervisor. If an employee becomes
ill during the course of his working day, he must then immediately inform
his supervisor before leaving his job site.
10.9 Employees on leave without pay shall not accrue annual leave
hours while on leave without pay.
10.10 Paid annual leave will
culating over -time in any work week.
10.11 Permanent part-time e
be counted as hours worked in cal-
mployees shall be eligible for fifty
(50%) percent of all annual leave benefits.
.7
Page 15
ARTICLE 11
A_ JADD 0 0_
11.1 The City shall provide group health insurance coverage
fter ninety (90) calendar days of employment for a permanent full-
ime employee at no cost to the employee.
11.2 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.
11.3 The Federation will be notified when the City is solici-
ting proposals for group health insurance coverage so the Federation
may submit a list of insurance representatives and/or companies to be
included on the City's bidders list.
11.4 If the Federation has health insurance proposals for con-
sideration, they may submit them to the City for review at any time
during the term of this contract.
11.5 The City has the right to select and change health in-
urance companies in its sole and exclusive discretion at no loss or
reduction of benefits. However, alternate cost containment plans may
be offered. Such decision shall not be subject to the grievance
arbitration procedure.
11.6 The City shall provide optional Health and Life Insurance
coverage for retiring employees.
1
Page 16
ARTICLE 12
12.1 On October 1, 1984, all full-time, permanent employees whose
job classifications were included in the Blue Collar Unit, will be en-
titled to seven hundred ($700.00) dollars in benefit options payable in
twelve (12) monthly installments.
12.2 On October 1, 1984, all full-time, permanent employees whose
job classifications were included in the White Collar Unit, will be
entitled to one thousand ($1,000.00) dollars in benefit options credited
in twelve (12) monthly installments.
12.3 On October 1, 1985 and October 1, 1986, all full-time perman-
ent employees covered by this Agreement will be entitled to one thousand
($1,000.00) dollars carry-over in benefit options credited in twelve (12)
monthly installments.
1 12.4 Full-time employees who are on probation as of October lst,
shall be entitled to a pro-rata benefit payable in six (6) monthly in-
stallments effective April 1st. Full-time employees who are on pro-
bation as of April 1st, shall be entitled to one thousand ($1,000.00)
dollars in benefit options credited in twelve (12) monthly installments
effective October 1st.
12.5 Benefit option dollars not utilized during the contract year
will be paid to the employee in the last pay period of the fiscal year to
a maximum of five (58) percent.
12.6 Benefit options may be selected on an annual basis from the
following list:
DEPENDENT HEALTH INSURANCE
DENTAL (INDIVIDUAL OR DEPENDENT)
OPTICAL (INDIVIDUAL OR DEPENDENT)
DEFERRED COMPENSATION
DAY-CARE NURSERY
LONG-TERM DISABILITY
SHORT-TERM DISABILITY
EDUCATIONAL ALLOWANCE
TERM LIFE INSURANCE
Page 17
ARTICLE 12
BENEFIT OPTIONS
PAGE 2
12.7 If an employee terminates, is terminated, or retires, the
.balance of fiscal year benefit options are forfeited.
12.8 Permanent part-time employees shall be eligible for fifty
(50%) percent of all benefit options above except dependent health in-
surance.
Page 18
ARTICLE 13
13.1 Any employee who is disabled during the course of his
theduled working hours with the City of Tamarac, which disability
would be compensated under the Workers' Compensation Statutes, shall
utilize Annual Leave for the first five (5) calendar days of the dis-
ability.
13.2 Employees, except for Community Service Aides, shall
receive sixty-six and two thirds (66 2/3%) percent of their average
gross bi-weekly base pay until such time as the employee returns to
work, reaches maximum medical improvement as determined by the City's
Workers' Compensation carrier, terminates, shall terminate, or retires.
13.3 A Community Service Aide shall be paid full salary for the
first five (5) working days of the disability. Thereafter, the City
shall supplement the employee's Workers' Compensation, Social Security
lisability, or any benefits to which he may be entitled so the employee
shall receive eighty-five (85%) percent of his gross bi-weekly base pay
until such time as the employee returns to work, reaches maximum medi-
cal improvement as determined by the City's Workers' Compensation
carrier, terminates, shall terminate, or retires.
13.4 No employee seeking benefits for Workers' Compensation,
Social Security Disability or any other benefits for which he may be
entitled shall ever receive more than one hundred (100%) percent of his
bi-weekly net base pay from the City. A Community Service Aide receiv-
ing compensation from the City under this Article shall be required to
turn over to the City any compensation received from any other source
except for privately purchased insurance coverage paid solely by the
mployee.
Page 19
HOLIDAYS
14.1 The City •gill celebrate the following holidays:
-New Year's Day
-President's Day
-Memorial Day
-Independence Day
-Labor Day
-Veteran's Day
-Thanksgiving Day
-Thanksgiving Day Friday
-Christmas Day
14.2 All full-time employees shall be entitled to eight (8)
hours of pay for each holiday celebrated by the City. All full-time
employees scheduled to work ten (10) hours on a holiday but are
granted the day off based on scheduling, will receive ten (10) hours
pay for the day. All permanent part-time employees shall be entitled
to four (4) hours of pay for each holiday.
14.3 Should a holiday fall on a Saturday or Sunday, the City
will designate either the preceding Friday or following Monday for
observance.
To be eligible for paid holiday, an employee must be
n pay status the scheduled working day preceding and following the
holiday. Pay status shall be defined as physically being at work or ,
on an authorized leave with pay. If a holiday occurs during an
employee's vacation, there shall be no charge from vacation leave for
said holiday.
An employee who is absent from work the day before or
after a holiday without prior approval due to an illness, must submit
a physician's statement or a statement or authorization from the
department head to be compensated for said holiday.
14.4 If a normal workday falls on a holiday and an employee is
required to work, the employee shall have the option of:
-pay at straight time for the day, and eight
(8) hours holiday pay, or
-pay at straight time for the day and accrual of
eight (8) hours holiday leave for future use
Page 20
-NRTICLE 14
gOLIDAYS
PAGE 2
Holiday Leave may be accumulated, but not to exceed
hours at any time during an employee's tenure of employ -
forty (40 )
went.
14.5 Holidays will be counted as hours worked for all salary and
ben
efit purposes although the employee is not physically at work on
the holiday.
Page 21
15.1 The City Manager or designee shall establish the standard
work week and hours of work not to exceed forty (40) hours with two
(2) consecutive days off.
15.2 The lunch period shall be established by the department
head with the approval of the City Manager or designee. If an em-
ployee is given a one (1) hour lunch period, it is understood no
formal breaks will be taken during his shift. If an employee takes a
a thirty (30) minute lunch period, he shall receive a formal break of
fifteen (15) minutes during the first half of his work shift and
fifteen (15) minutes during the second half of their work shift.
Notwithstanding the above, due to the nature of the
work, Public Works employees shall have a one-half (1/2) hour
cheduled lunch break and two (2) fifteen (15) minute break periods,
one (1) in the first half of the shift and one (1) in the second half
of the shift.
15.3 A member who is not at work during the approved hours shall
be considered unexcused unless such absence is approved by the super-
visor. Repeated lateness is significant to operational effectiveness
and is grounds for the supervisor to take disciplinary action.
Lateness, which is unexcused absence from work, in
excess of six (6) minutes, shall cause an employee to be penalized in
quarter hour (15) minute units for each infraction of such period ab-
sent.
15.4 All work performed in excess of forty (40)' hours in any
ork week shall be paid at time and one-half or shall be compensated
in compensatory time at the rate of one and one-half (1-1/2) hours of
compensatory time for each hour worked in excess of forty (40) hours.
The employee shall have the option of taking compensatory time or cash
payment providing the department has the necessary funds in the
Page 22
ARTICLE 15
WORK WEER, OVER —TIME AND CALL-BACK
PAGE 2
budget. All accrued compensatory time must be taken by the end of the
fiscal year. If it is not used by the end of the fiscal year, the
employee would be paid off for this time.
15.5 If an employee covered by this Agreement is called out to
work at a time outside his normal working hours and works less than
two (2) hours, he shall receive a minimum of three (3) hours pay at
regular time at the basic rate of pay. If an employee is called out
to work ou
tside his normal working hours between Sunday night through
Friday morning and works over two (2) hours, he will be allowed to
report to work one (1) hour after his scheduled shift has started but
will be credited for working eight (8) hours for the following day.
If an employee is called out to work at a time outside his normal
working hours on Friday or Saturday and works over two (2)
hours, he shall receive a minimum of four (4) hours pay at regular
time at the regular basic rate of pay. There shall be no payment for
travel time. Any hours worked in excess of forty (40) hours will be
paid at one and one-half times the basic rate of pay.
15.6 If an employee is sent home through no fault of his own
before completing his regular assigned shift, he shall be compen-
sated for the shift as though he worked.
Page 23
1
It
ARTICLE 16
16.1 Seniority shall be defined as continuous length of service
ith the City of Tamarac as follows:
A. Total City seniority is total length of continuous ser-
vice within the employment of the City of Tamarac.
B. Departmental seniority is total length of continuous
service within an employee's current operating department.
C. Continuous service is defined as the period of employ-
ment not interrupted by resignation, dismissal, retirement, or quitting
without notice. Time spent greater than thirty (30) calendar days on
layoff or leave of absence shall not be considered a break in service
but will not be credited in the calculation of seniority dates.
16.2 In the event it is necessary to reduce the work force, all
layoffs shall be according to seniority by classification within a de-
artment. All permanent full-time employees who are laid off shall be
ecalled by seniority prior to the City hiring new full-time employees.
All permanent part-time employees shall be recalled by seniority prior
to the City hiring new part-time employees. Those members of the
bargaining unit who are laid off shall retain their right to be recalled
for up to and including twelve (12) months.
Page 24
ARTICLE 17
17.1 A promotion is the assignment of an employee to a position
�tn a higher classification, having a higher maximum salary, than the
osition from which assignment is made. Such employee bein gg promoted
shall receive the minimum of the new pay grade or a one (1) step
increase, which ever is greater.
17.2 An employee shall be placed on a six (6) month probationary
period at the time of promotion. The supervisor shall prepare an
Employee Performance Appraisal and Development Plan form after two
(2), four (4) and six (6) months, and make his recommendations to the
City Manager or designee for permanent status. The expiration of the
six (6) months shall become the employee's annual review date.
17.3 The promotional probationary period does not affect the
employee's entitlement to City benefits granted after satisfactorily
completing the initial employment probationary period.
17.4 Before employees are hired from the outisde to fill
vacancies in all occupational classifications, the Personnel Depart-
ment shall post job vacancies within the City for a period of three
(3) working days. The City shall promote from within the bargaining
unit if available employees have the skill and ability to perform the
work. Any employee may apply and be considered for posted positions.
A department head has the right to promote qualified
employees from within his department for a vacant position. If an em-
ployee is promoted in this manner, the job vacancy will be the posi-
tion vacated by the promoted employee.
17.5 All promotions shall be based on qualifications and
experience. If two (2) qualified employees are considered for the
11 romotion, the employee with the most seniority shall be promoted.
Page 25
ARTICLE 17
PROMOTIONS
PAGE 2
Tests given to permanent employees must be approved
by the Federation and the City Manager or designee.
17.6 If a promoted employee does not prove to be satisfactory,
he shall be returned to his original classification at no loss of
seniority and benefits. In the event his original classification is
occupied, the employee filling that classification shall be returned
to his previous position.
In case the original classification of the returned
employee is occupied by a new probationary employee, that new pro-
bationary employee shall be offered any other vacant position for
which he qualifies or be terminated.
1
Page 26
ARTICLE 18
18.1 A transfer is the switching of an employee to a job on an
equal level in the same or another department.
18.2 An employee may submit a written request for consideration
for a transfer to another department or to another division or section
within the department, if a position is vacant. A transfer must be
approved by the affected department heads, the City Manager or
designee and insofar as practicable, the employee concerned.
18.3 There shall be no probationary period for a transferred
employee. However, if during the ninety (90) day period following
such transfer, if either the employee desires to return to his former
position or the supervisor detemines the employee is not satisfactor-
ily performing his job, the employee may be transferred back to his
riginal position at no loss of seniority or benefits.
In the event his original classification is occupied, the
employee filling that classification shall be returned to his previous
position.
1
Page 27
19.1 Each employee covered under this Agreement shall work only
within his regular job classification. However, in the event of
temporary vacancies or absences in a higher job classification, the
City may temporarily assign an employee to a higher job classification
subject to the following provision:
An employee temporarily assigned to a higher paying
job classification for a period in excess of forty (40) hours shall
receive the minimum of the new pay grade or a one (1) step increase,
whichever is greater.
ting position is for a substitution of
19.2 If the temporary ac
an employee absent on authorized leave, it shall be understood said
assignment may be in effect only until such time the absent employee
returns, or until -a job declared vacant is filled on a permanent
basis.
19.3 If an employee is temporarily assigned to work in a lower
paying job classification, he will not receive a decrease in pay.
Page 28
1
1
ARTICLE 20
20.1 Seniority shall be defined as continous length of service
with the City of Tamarac. Seniority shall commence from the
employee's first date of employment.
20.2 In the event it is necessary to reduce the work force, all
lay-offs shall be according to seniority by classification within a
department.
.20.3 Employees of the bargaining unit who are laid off shall
retain their right to be recalled for twelve (12) months. Lafd-off
employees of the bargaining unit shall be recalled prior to the City's
hiring any new employees for that job classification.
20.4 An individual will be considered a new hire with a new
starting date if he returns to work after being laid off for more than
twelve (12) months. An individual will also be considered a new hire
with a new starting date if he is terminated or resigns at any time
during his employment and is subsequently re-employed. ,
20.5 An employee being recalled shall be notified by certified
mail (return receipt), together with a carbon copy to the Federation,
and shall have seven (7) working days from the date of receipt of
notice to respond affirmatively. The City reserves the right to
temporarily assign employees to the vacancy until the recalled
employee reports to work.
20.6 If the City fails to receive an affirmative response, the
employee shall be removed from the recall list and the City shall have
no further obligation to the employee.
20.7 If the recall notice is returned and not receipted, the
mployee will be dropped from the recall list and the City shall have
no further obligation to the employee.
20.8- In the event of layoffs or abolition of a position, the
City shall endeavor to find another position in the City for the
employee in accordance with ARTICLE 16 SENIORITY.
Page 29
.RTICLE 20
SAY -OFFS
PAGE 2
20.9 All employees shall receive at least -*MO (2) weeks notice
of layoffs; or, in lieu of notice, two (2) weeks compensated time at
his regular rate of pay. The Federation shall be furnished copies of
all layoffs at the same time as the laid -off employee receives notice.
Page 30
ARTICLE 21
21.1 The City and the Federation recognize the importance of an
adequate Safety Program. A Safety Committee composed of represent-
atives from the Federation and other bargaining units shall meet per-
iodically for the purpose of establishing and insuring the practice of
safety for all employees.
21.2 EMERGENCY CONDITIONS - If an employee covered by this
Agreement is required, due to emergency conditions to work in the ser-
vice of the City in foul or severe weather, the City shall provide him
with appropriate foul -weather gear.
Under no circumstances shall an employee be required to
work during cloud -to -ground lightning. In flooded areas no employee
shall be required to work in water deeper than the protective boots
rovided by the City.
21.3 SAFETY SHOES - Designated employees in the Utilities West,
Public Works, Parks and Recreation and Building Departments, shall
wear safety shoes to work. Anyone reporting to work not wearing
safety work shoes will be sent home. At the start of each fiscal
year, the City will give each designated employee a forty ($40.00)
dollar check to purchase his safety work shoes at a store of his
choice.
�J
Page 31
22.1 To express the City's concern for an employee during time
of bereavement, three (3) days (24 hours) of bereavement leave with
pay shall be granted in the event of a death in the immediate family.
All requests for additional leave from Annual Leave will be granted
whenever possible.
22.2 Immediate family shall be defined as spouse, child, mother,
father, sister, brother, grandmother, grandfather, grand -child, step
parent, step -child and in-laws, or upon proof, any person in —the
general family whose ties would be normally considered immediate
family and living within the same household.
22.3 In authorizing bereavement leave, the supervisor shall
obtain the following information from the member and have it entered
for payroll purposes:
-relationship of the deceased to the employee
-dates of absence requested
22.4 In order for an employee to be eligible for bereavement
leave, he must contact his Department Head during the first day of
bereavement to notify the City he will not be at work.
Page 32
9
s
23.1 The City shall provide leave for jury duty. An employee
will be paid on City payroll while serving on a jury. . Any compensa-
tion received by the employee for such duty will be endorsed over to
the City.
23.2 An employee who is excused from jury duty prior to 11:00
a.m. shall be required to report to work no later than 1:00 P.M.
23.3 If an employee is required to appear as a witness as a
result of litigation involving the City and the use of a personal
vehicle is required, then the employee shall be reimbursed in accord -
dance with the "Personal Vehicle Compensation" section, ARTICLE 27
of this contract.
23.4 A Request for a Leave of Absence form should be completed
Ind approved, giving as much prior notice as feasible, for -the time
the employee serves on a jury and appears as a witness.
23.5 An employee who is bringing suit upon another party or who
is being sued shall not be eligible for this leave.
23.6 An employee required to appear as a witness as a result of
litigation not involving the City, shall not be eligible for this
leave.
Page 33
24.1 At any time during the initial employment Probationary
Period, the department head or City Manager may for good cause, bad
cause, or no cause at all, terminate the employee. Any termination
prior to expiration of the probationary period shall be final with no
right of appeal of any type under any of the terms of this Agreement.
24.2 A new employee shall. -be reviewed -after .the second, fourth
and sixth month of employment. These reviews shall in no way affect
the employee's salary, but rather shall be a means of notifying the
employee, supervisor and City Manager of the employee's progress. Two
(2) and four (4) month reviews reflecting less than satisfactory pro-
gress may be cause for immediate termination of employment. The pro-
bationary period is six (6) months from the first date of employment.
Page 34
ARTICLE 25
BULLETIN BOARDS
25.1 The City will provide two (2) bulletin boards in City Hall,
e (1) bulletin board in the Public Works Department, (2) bulletin
boards in the utility West Department, (1) in Operations, and (1) in
the Meter Reader area for the exclusive use of the Federation and
solely for posting of official union materials.
25.2 The Federation agrees the material posted shall not reflect
adversely on the City.
25.3 Notices or bulletins of the Federation to be posted shall
normally be submitted in advance to the City Manager or designee.
25.4 The bulletin boards, authorized by the City for use by the
Federation, may be used by the Federation, under the terms of this
Article, only for the purpose of posting the following notices and
announcements:
(a) Notices of Federation meetings and minutes of meetings;
(b) Notices of Federation elections;
(c) Notices of Federation appointments to office;
(d) Notices of Federation recreational, social affairs and
benefits;
(e) Newsletters;
(f) Any other notices of a general nature regarding Federa-
tion business.
1
Page 35
PROHIBITION OF STRIKES
26.1 The Federation and its members agree not to engage in a
strike, as defined in Florida State Statutes as presently in force or
hereinafter amended and the Constitution of the State of Florida, work
stoppages, boycotts, slowdowns or other actions, overt or covert,
which objectively interfere with the orderly operation of any depart-
ment and the City.
26.2 The parties agree any member who participates in or pro-
motes a strike, work stoppage, slowdown, boycott, failure or refusal
to perform work or any other job action, overt or covert, which ob-
jectively interferes with the orderly operation of any of the Depart-
ments in the City may be discharged or otherwise disciplined by the
City.
MISCELLANEOUS
27.1 UNIFORMS - The City shall supply uniforms and cleaning of
uniforms to all employees designated by their department heads.
27.2 LOCKERS - Lockers will be provided to employees in depart-
ments where deemed necessary.
28.3 PRIVATE VEHICLE COMPENSATION - The City, subject to its
authoritization, agrees to compensate employees who use their own
vehicles while traveling on City business, no less than that which is
provided in the applicable Florida State Statute.
►A
28.1 Should any provisions of this Agreement, or any part
thereof, be rendered or declared invalid by reason of any existing or
subsequently enacted legislation, or by any decree of a court of com-
petent jurisdiction, all other articles and sections of this Agree-
ment shall remain in full force and effect for the duration of this
Agreement.
Page 36
0
29.1 This Agreement shall be effective October 1, 1984 and shall
remain in full force and effect until September 30, 1987• unless
10dified or changed by mutual consent.
29.2 Any party desiring to negotiate, shall notify the other in
writing of his intention on or before ninety (90) days prior to the
expiration of this Agreement.
29.3 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 ap-
propriate.
IN WITNESS WHEREOF, The parties hereto have herunto set their
hands on the respective dates shown over the signatures.
ated This Ap Day of 1984.
BY:zzi'
yor
BY:
n er
BY:
Chief Negotiator
ATTEST
ityClerk
FEDERATION OF PUBLIC EMPLOYEES (FPE) Approved s to Su ficiency
r�6/��, t
BY: w0
OSINESS R PRESENTATIVE City Attorney
1
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