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HomeMy WebLinkAboutCity of Tamarac Resolution R-81-2781 2 3 4 5 8 9 10 11 12 13 14 15 16 17 18 Z0 21 22 23 24 25 26 27 28 29 30 it 33 34 35 36 Introduced by: /ICI Temp. Reso. #2120 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R -91—o?7f- A RESOLUTION PROVIDING FOR ACCEPTANCE OF THE AGREE- ME4T OF THE FEDERATIal OF PUBLIC EMPLOYEES (WHITE COLLAR) AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE SAID AGREED 1ENT 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, SECTION 1: That that certain agreement by and between the City of Tamarac and the Federation of Public Employees for the period from December 14, 1981 to September 30, 1984, is hereby approved. A copy of said agreement is attached heret 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 1981. ATTEST: I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION CITY ATTORNEY MAYOR. DISTRICT DISTRICT DISTRICT DI:,TRIK MAYOR RECORD OF. COUNCIL VOTE 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 WHITE COLLAR UNIT TABLE OF CONTENTS Definitions . . . . . . . . . . . . . . . . . . Page i , i i . ARTICLE ARTICLE 1 2 Preamble . . . . . . . . . . . . . Recognition. . . . Page 1. . . . . . . . . . . . . . . . Page 2. ARTICLE 3 Representation of the Employee Organization . . . . . . . . . . . . . . . . . Page 3. ARTICLE 4 Management's Rights . . . . . . . . . . . Page 4. ARTICLE 5 Prohibition of Strikes . . . . . . . . . . . . Page 7. ARTICLE 6 Non -Discrimination . . . . . . . . . . . . . . Page 8. ARTICLE 7 Dues Deduction . . . . . . . . . . . . . . . . Page 9. ARTICLE 8 Holidays . . . . . . . . . . . . . . . . . Page 10. ARTICLE 9 Health Insurance . . . . . . . . . . . . . . . Page 11. ARTICLE 10 Workweek and Overtime . . . . . . . . . . . . . Page 12. ARTICLE 11 Work in Other Classifications . . . . . . . . Page 14. ARTICLE 12 Grievance Procedure and Arbitration. . . . . . Page 15. ARTICLE 13 Bulletin Boards . . . . . . . . . . . . . . . . Page 19. ARTICLE 14 Bereavement Leave. . . . . . . . . . . . . . Page 20. ARTICLE 15 Sick Leave . . . . . . . . . . . . . . . . . . Page 21. ARTICLE 16 Vacation Leave . . . . . . . . . . . . . . . . Page 23. ARTICLE 17 Personal Leave . . . . . . . . . . . . . . . . Page 25. ARTICLE 18 Total Agreement . . . . . . . . . . . . . . . Page 26. ARTICLE 19 Duration of Agreement . . . . . . . . . . . . Page 27. ARTICLE 20 Administrative Leave . . . . . . . . . . . . Page 28. ARTICLE 21 Merit Increases . . . . . . . . . . . . . . . Page 29. ARTICLE 22 Promotion, Transfers . . . . . . . . . . . . . Page 30. ARTICLE 23 Jury Duty and Appearance as a Witness . . . . Page 31. ARTICLE 24 Personal Vehicle Compensation. . . . . . . . . Page 32. ARTICLE 25 Safety and Safety Committee . . . . . . . . . Page 33. ARTICLE 26 Military Leave . . . . . . . . . . . . . . . . Page 34. ARTICLE 27 Voting Time. . . . . . . . . . . . . . . �. . . Page 35. ARTICLE 28 Blood Bank . . . . . . . . . . . . . . . . . . Page 36. ARTICLE 29 Seniority . . . . . . . . . . . . . . . . . . Page 37. ARTICLE 30 Wages . . . . . . . . . . . . . . . . . . . . Page 38. TABLE OF CONTENTS ARTICLE 31 Miscellaneous . . . . . . . . . . . . . . . . Page 39. ARTICLE 32 Probationary Period . . . . . . . . . . . . .Page 40. ARTICLE 33 Prohibition Against Reopening of . page 41. Negotiations . . . . . . . . . . . . ARTICLE 34 Savings Clause . . . . . . . . . . . . . . . Page 42. l 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: 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: esponsia or 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 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: division of Districto. 1, PCD, MEBA, AFL-CIO, which has been granted the right to represent exclusively the members of the bargaining unit. Association is $ynonymous with "FPE" when referred to herein. FULL-TIME EMPLOYEE: n employee sc e u e to work a minimum of forty (40) hours per week. PART-TIME EMPLOYEE: n employee holding a position on an hourly basis, working less than forty (40) hours per week and not entitled to City benefits. PAY STATUS: n employee who is physically at work or is on an authorized leave of absence with pay. PERC: 1ru i c Employees Relations Commission, a regulatory state agency created under CH. 447 (F.S.). PERA: 15-55 c Employees Relations Act, CH. 447 (F.S.), as subsequently 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: n employee c assi ied in a position designated by the City budget and has satisfactorily completed a probationary period. DEFINITIONS PROBATIONARY EMPLOYEE (NEV HIRE): n employee who is serving his probationary period prior to being regularly appointed to a permanent position. PROBATIONARY EMPLOYEE (PROMOTION): n employee who is serving his probationary period prior to attaining permanent status in a higher classification. PROBATIONARY PERIOD (NEV HIRE): period of time whereby the employee's performance is carefully evaluated in order to attain permanent status. PROBATIONARY PERIOD (PROMOTION): specified period ot time designated by the City Manager whereby the employee's performance is carefully evaluated in .order to attain permanent status in a higher classification. PROMOTION: e 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 layoff shall not be included in the determination of length of continuous service. Authorized paid leave of absence shall be included as a part of continuous service. TEMPORARY OR TEMPORARY PART—TIME EMPLOYEES: Employees who have a predetermined ttermination date. Temporary employees shall not be covered by any of the provisions of this Agreement. THE PARTIES: i i y o amarac and FPE. UNIT: TfiaT— group of employees determined by the City of Tamarac and FPE and approved by the Florida Public Employees Relations Commission to be appropriate for the purpose of Collective Bargaining. ARTICLE 1 PREAMBLE 1.1 This Agreement is entered into this d of y 1981, by and between the City of Tamarac, Florida, d 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 that it is the responsibility of the City government to provide services affecting the health and welfare of the citizens of the City of Tamarac and that this Agreement between the City and the Federation will serve that end. 1 1. 1 1 ARTICLE 2 RECOGNITION 2.1 The City, in accordance with a certification of the Public Employees Relations Commission of the State of Florida dated the 11th 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. 2. 1 1 ARTICLE 3 REPRESENTATION OF THE EMPLOYEE ORGANIZATION 3.1 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 writing of any change in the designation of its authorized business representatives subsequent to the execution of this Agreement. 3.2 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 4 MANAGEMENT'S RIGHTS 4.1 The Federation and its members recognize the exclusive right of the City to operate, manage and direct all affairs of all departments within the City, except as otherwise expressly provided elsewhere in this Agreement. Accordingly, the City specifically, but not by way of limitation, reserves the exclusive right: A. To manage, direct and totally supervise all aspects of City operations without interference from the employees of the City; B. To hire, re -hire, promote, transfer, train, assign, determine the qualifications of employees and retain employees in positions with the City and to establish procedures therefor; C To determine the starting and quitting time and the number of hours and days to be worked; D. To suspend, demote, discharge, lay off or take other disciplinary actio.n against employees for just cause in accordance with the City's rules, regulations and procedures; E. To maintain the efficiency of the operations of all departments in the City; F. To determine the structure and organization of City government including the right to supervise; G. To merge, consolidate, expand, curtail or discontinue temporarily or permanently, in whole or in part, operations whenever in the sole discretion of the City good business judgment makes such actions advisable; H. To expand, reduce, alter, combine, assign or cease any job. If any job was ceased the City would make its best effort to place the employee in another job in the City; I. To expand, reduce, alter, combine,.merge, consolidate or cease any of the functions or responsibilities of any department or division; 4. J. To contract or subcontract any existing or future work provided that in the event the City chooses to subcontract, and where this will necessitate termination of any employees, the City agrees to give at least 45 days notice to the employee; K. To determine the number of all employees who shall be employed by the City, the job make-up, activities, assignments, and the number of hours and shifts to be worked per week including starting and quitting time of all employees subject to one week notice if hours are to be changed except in cases of emergency; L. 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; M. 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; N. To, in the sole and exclusive discretion of the City, establish, change or modify duties, tasks, responsibilities or requirements within job descriptions; 0. To have complete authority to exercise those rights and powers which are incidental to the rights and powers enumerated above. 4.2 It is understood by the parties that every incidental duty connected with operations enumerated in job descriptions is not always specifically described and employees, at the discretion of the City, may be required to perform duties not within their job description, but within the realm of related duties. 4.3 The City shall formulate all departmental policies and procedures including rules and regulations which will serve as a guide for the conduct, responsibilities and duties of all employees covered by this Agreement. The use, location, operation and personnel policies including care and maintenance of any equipment or property of the City used by the employees covered by this Agreement shall be subject to the exclusive direction and control of the City. 5. 4.4 Any right, privilege or function of the City not specifically released or modified by the City in this Agreement shall remain exclusively with the City. Should the City fail to exercise its rights in any of the above functions from time to time, this shall not be construed or deemed a waiver of the City's prerogative to exercise any or all rights or functions listed herein provided that rules and regulations that have not been enforced shall be posted or otherwise brought to the attention of the employee and reasonable notice provided to the employee that the terms will be enforced. 6. ARTICLE 5 PROHIBITION OF STRIKES 5.1 The Federation and its members agree not to engage in a strike, as defined in Florida State Statutes as presently in force or hereinafter amended and the Constitution of the State of Florida, work stoppages, boycotts, slowdowns or other actions which objectively interfere with the operation of any Department and the City. 5.2 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. 5.3 Recognizing that Florida Law prohibits the activities enumerated above, the parties agree that any member who participates in or promotes a strike, work stoppage, slowdown, boycott, failure or refusal to perform work or 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. 5.4 It is recognized by the parties that activities enumerated above are contrary to the ideals of professionalism and to the City's community responsibility and that any violation of this Article would give rise to irreparable damage to the City and to the public at large. Accordingly, it is understood and agreed that in the event of any violation of this Article, the City shall be entitled to seek and obtain legal and/or equitable relief in any court of competent jurisdiction. 5.5 For the purpose of this Article, it is agreed that the Employee Organization shall be responsible and liable for any act committed by its officers and agents, which act constitutes a violation of the provisions herein except that the Federation shall not be responsible for any act alleged to be a breach of this Article if neither the Federation nor any of its officers or agents instigated, authorized, condoned, sanctioned or ratified such action. 7. ARTICLE 6 NON—DISCRIMINATION 6.1 The City will not discriminate against any employees covered by this Agreement because of membership in the Federation. 6.2 The City and the Federation shall not discriminate against any member of the bargaining unit on the basis of race, religion, color, creed, sex, age or national origin. 6.3 For the sake of convenience, the use of the male gender in this Agreement, is intended to apply to both male and female employees. 6.4 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. 6.5 There shall 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. ARTICLE 7 DUES DEDUCTION 7.1 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 1 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. 7.2 The City shall have no responsibility nor liability for any monies once sent to the Federation, nor shall the City have any liability or responsibility for the improper deduction of dues. Further, the Federation agrees to hold the City harmless for any and all non -intentional errors in the administration of the dues deduction system. 9. ARTICLE 8 HOLIDAYS 8.1 All members shall be entitled to nine (9) paid holidays per year: -New Year's Day -President's Day -Memorial Day -Independence Day -Labor Day -Veteran's Day -Thanksgiving Day -Thanksgiving Friday -Christmas Day 8.2 Should a holiday fall on a Saturday or Sunday the City will designate either the preceding Friday or following Monday for observance. To be eligible for paid holiday, a member must be in pay status the day preceding and following the holiday. Pay status shall be defined as physically being at work or on an authorized leave with pay. If a holiday occurs during a member's vacation, there shall be no charge from vacation leave for said holiday. A member who is absent from work the day before or after a holiday without prior approval due to an illness, must submit a physician's statement or a statement or authorization from the department head to be compensated for said holiday. 8.3 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 employment. 10. 1 ARTICLE 9 HEALTH INSURANCE 9.1 The City shall provide group health insurance coverage after ninety (90) calendar days of employment for the member at no cost to the member. 9.2 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. 9.3 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 representatives and/or companies to be included on the City's bidders list. 9.4 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. 9.5 The City has the right :to select and change health insurance companies in its sole and exclusive discretion. Such decision shall not be subject to the grievance arbitration procedure. 9.6 The City shall endeavor to find optical, dental and cancer plans that it finds acceptable. If the City, in its sole and exclusive discretion, shall find a plan or plans acceptable to it, City shall make coverage available to members of the unit on an optional basis at the members sole and entire cost and expense. If any plan offered by the City ceases to be acceptable to the City, for whatever reason, the City may elect to discontinue making coverage available. 11. ARTICLE 10 WORK WEEK AND OVERTIME 10.1 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 service to the community and the public. The standard work week may vary with different departments. 10.2 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. 10.3 A member who is not at work during the approved hours shall be considered unexcused unless such absence is approved by the supervisor. Repeated lateness is 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. 10.4 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 compensatory time provided the compensatory 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. 10.5 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. 10.6 If an employee covered by this Agreement is called out to work at a time outside his normal working hours, he 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. 12. 10.7 Holidays and vacation calculating overtime in any work week. r� 1 1 time will be counted as hours worked in 13. ARTICLE 11 WORK IN OTHER CLASSIFICATIONS 11.1 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 eighty (80) consecutive 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 classification as herein indicated shall be paid at a step in that higher classification which would be at least four percent (4q) higher than the present rate of pay. 11.2 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. 11.3 If a member is temporarily assigned to work in a lower paying job classification he will not receive a decrease in pay. 14. ARTICLE 12 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 adjust grievances promptly and fairly and in order to provide impartial consideration of a complaint, the potential complainant may file an official grievance in accordance with the following procedure if the complaint cannot be settled by informal discussion between the parties involved. Official grievances shall be presented in the following manner: A. An employee that has a supervisor other than a department head 1. The employee shall first make an informal presentation of the grievance to the immediate supervisor within five (5) working days after the incident occurs. a. The supervisor shall reply in two (2) working days. 2. In the event that the employee is dissatisfied with his supervisor's resolution of the grievance, the aggrieved employee shall submit a grievance, in writing, to the department head within three (3) working days of the supervisors decision. a. The department head shall schedule a hearing within three (3) working days after receipt of the formal grievance. b. At the hearing, the employee may present witnesses in support. c. The immediate supervisor shall 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. 3. If the decision of the department head does not resolve the grievance, the employee shall submit a grievance,:in writing, to the City- Manager within three (3) working days of the decision of the department head, if he chooses to continue with the appeal. 15. a. The City Manager shall conduct a hearing within seven (7) working days of receipt of a request for a hearing. At this hearing, the employee may present witnesses in support of his position. b. The City Manager shall render a written decision within four (4) working days of the date of the hearing. 4. Failure on the part of the employee to take any appeal or demand arbitration within the time frame provided herein shall be deemed a waiver of his claim. 5. If the grievant requests, a Union employee representative may accompany the grievant to all steps of the Grievance Procedure, formal or informal, at no loss in pay to the representative. B. An employee whose supervisor is the department head 1. The employee shall first make an informal presentation of the grievance to the department head within five (5) working days after the incident occurs. ; a. The department head shall reply in two (2) working days after receipt of the grievance. 2. If the decision of the department head does not resolve the grievance, the employee shall submit a grievance, in writing, within three (3) working days of the decision of the department head to the City Manager, if he chooses to continue his appeal. a. The City Manager shall conduct a hearing within seven (7) working days of receipt of a request for a hearing. b. At this hearing, the employee may present witnesses in support of his position. The City Manager shall then render a written decision in four (4) working days of the date of the hearing. 16. 3. Failure on the part of the employee to take any appeal or demand an arbitration within the time frame provided herein shall be deemed a waiver of his claim. 4. If the grievant requests, a Union employee representative may accompany the grievant to all steps of the grievance procedure, formal or informal at no loss in pay to the representative. C. In the event the aggrieved employee and the Federation or employee 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 the City Manager pursuant to Step A or B, above. The arbitrator shall be appointed by mutual consideration of the parties. In the event the parties are unable to agree upon a neutral within five (5) working days after the arbitration is invoked, the parties shall jointly petition the American Arbitration Association or the Federal Mediation Conciliation Service and request a list of five (5) qualified 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 arbitrator will be selected as follows: The Federation shall strike the first and third names. The city shall strike the second and fourth names. The remaining name shall be the arbitrator selected. D. The decision of said arbitrator shall be final and binding upon both parties. The arbitrator shall not be empowered to alter, amend, add to, subtract from or otherwise alter or supplement this Collective Bargaining Agreement, or any part thereof or any amendment thereto. E. In the event that an employee has been disciplined to the extent that he has been suspended or discharged and is re -instated by an arbitrator's decision, the employee shall be re -instated with all back pay and with no loss or impairment of any rights under this Agreement or other rules and regulations of the City, unless directed otherwise by the arbitrator. 17. F. Each party shall bear the expense of its own witnesses and of its own representative or representatives for purposes of the arbitration hearing. The impartial aribtrator(s) fee and related expenses and expenses of obtaining a hearing room, if any, shall be equally divided between the parties. Any person desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share the cost of said transcript. G. 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 reinstated to his former position with no loss or impairment of any of his rights under this Collective Bargaining Agreement or other rules and regulations of the City. H. 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. I. When a grievance is general in nature in that it applies to a number of members rather than a single member or if the grievance is directly between the Federation and the Department or the City, such grievance shall be presented in writing directly to the Department Head, within the time limits provided for submission of a grievance in Article 13 B. 1. above. The grievance shall be signed by the aggrieved members or by the Representative of the Federation. Thereafter, the grievance shall be processed in accordance with the procedures in Article 13 B above. J. The parties recognize that situation may arise wherein disciplinary or other adverse personnel action against members is taken directly by the City Manager or by the Acting City Manager. When this occurs, the Federation shall avail himself of the Arbitration provisions set forth in this Article within ten days of the decision of the City Manager or the Acting City Manager. K. The arbitrator may not issue declaratory opinions and shall confine himself to the question presented to him, which question must be actual and existing. - L. For probationary employees see Article 32. 18. ARTICLE 13 BULLETIN BOARDS 13.1 The City will provide two (2) bulletin boards for the exclusive use of the Federation and solely for posting of official union materials. 13.2 The Federation agrees that the material posted shall not reflect adversely on the City. All notices must be signed by an officer of the Union and approved by the City Manager prior to posting. 13.3 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 of posting by employees of pamphlets, advertising or political matter, notices, or any kind of literature upon City property other than as herein provided. 13.4 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. 13.5 Approval of the above -enumerated notices shall be granted by the City Manager, or his duly authorized representative, unless the material violates the provisions of this Agreement or is harmful to employee labor relations. 13.6 Any intentional violation of this Article by the Federation will result in the privilege of such use of the bulletin boards being withdrawn. 19. ARTICLE 14 BEREAVEMENT LEAVE 14.1 To express the City's concern for a member during time of bereavement, three (3) days (24 hours) 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 (16 hours) will be granted for out -of -State funerals. The compensation for these two (2) additional days (16 hours) will be paid from any accrued leave time available (sick leave, personal leave, vacation leave, compensatory time, holiday leave). 14.2 Immediate family shall be defined as spouse, children, mother, father, sister, brother, grandmother, grandfather, grandchildren, 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. 14.3 In authorizing emergency funeral leave, the supervisor shall Wk 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. 14.4 In order for an employee to be eligible for emergency funeral leave, he must contact his Department Head during the first day of bereavement to notify the City that he will not be at work. 14.5 Any additional bereavement leave over the three (3) days (24 hours) may be granted in justifiable circumstances with the approval of the City Manager. The compensation for these additional days will be paid from any accrued leave time available (sick leave, personal leave, vacation leave, compensatory time, holiday leave). 14.6 Leave shall be compensated at straight time. 20. ARTICLE 15 SICK LEAVE 15.1 Sick leave with pay shall be granted to members at the rate of one (1) working day or eight (8) working hours for each completed month of service commencing from the first day of employment. It shall be accrued from year to year. No sick leave may be taken until the employee has been employed for thirty (30) calendar days. Employees on leave without pay are not entitled to accrue sick leave hours while on leave without pay. The minimum period of absence to be charged to sick leave shall be one (1) hour. 15.2 Sick leave shall not be considered a right which a member may use at his own discretion, but rather a privilege which shall be allowed only for the following reasons: -absence due to personal illness or injury -personal medical and dental appointments -absence due to contagious illness in the member's immediate family (father, mother, sister, brother, children and spouse) -absence due to attendance upon members of the family within the household of the employee whose illness requires the care of such employees 15.3 A member on probation earns sick leave immediately and is able to use the sick leave during the six (6) month probationary period. 15.4 Whenever possible, a member shall give the supervisor advance notice of sick leave. If this is not possible, a member shall be expected to contact the supervisor within one (1) hour after starting time, unless extenuating circumstances prevent such communication. 15.5 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. 15.6 Abuse of sick leave is grounds for disciplinary action. Excessive use of sick leave shall be closely monitored. 15.7 A member out of work due to an on-the-job injury will be paid for the first five (5) working days by use of sick leave exclusively. 21. If the lost time is compensated by Workers' Compensation, sick leave may be restored on a dollar for dollar exchange upon the employee reimbursing the City the value of the sick time that has been paid. 15.8 A member may receive compensation for accrued sick leave in excess of thirty (30) days anytime during his employment with the City at the following rate: ACCUMULATED DAYS 31-60 days 61-99 days 100 days and over % OF BUY BACK 2 5% 50% 100% At the time of separation from the City, if eligible, a member who has accumulated thirty (30) or more days of sick leave shall be paid at the following rate: ACCUMULATED DAYS % OF BUY BACK The first 60 days 25% 61-99 days 50% 100 days and over 100% 22. ARTICLE 16 VACATION LEAVE 16.1 All members shall be entitled to vacation leave after satisfactorily completing a six (6) month probationary period. 16.2 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. 16.3 Vacation leave shall be earned and computed at the following rates: SERVICE 0 through 5 years After completion of 5 years - 10 years After completion of 10 years VACATION 12 paid days per year (eight (8) hours per month of service) 15 paid days per year (ten (10) hours per month of service) 18 paid days per year (twelve (12) hours per month of service) Employees on leave without pay status are not entitled to accumulate vacation leave while on leave without pay status. 16.4 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. 16.5 Upon termination of employment for any reason, a member shall be paid for accumulated vacation leave in a lump sum, if he has satisfactorily completed a six (6) month probationary period. 16.6 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. 16.7 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. 23. 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 Department Head. 16.8 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. I� 24. ARTICLE 17 PERSONAL LEAVE 17.1 Personal leave shall be granted to members of the bargaining 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. 17.2 When an employee becomes eligible for all City benefits, he shall begrantedthree (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. 17.3 Personal leave is not accumulated from year to year and is forfeited at termination. 17.4 The City may not take action to stop an employee from using his personal leave except in the event of an emergency wherein any days requested but not granted will be carried over to the next quarter, when they must be used. 25. 1 ARTICLE 18 TOTAL AGREENENT 18.1 The parties agree that this Collective Bargaining Agreement represents the total Agreement for terms and conditions of employment, between the parties, for the life of the Agreement. No changes shall be made except in writing executed by both parties. 18.2 This Agreement supersedes any prior Agreements or practices in effect at date of execution. 26. 1 ARTICLE 19 DURATION OF AGREEMENT 19.1 This Agreement shall be effective as of the date of approval by the Tamarac City Council and shall remain in full force and effect until September 30, 1984, unless modified or changed by mutual consent. Any party desiring to negotiate an extension of this Agreement shall notify the other in writing of their intention within a reasonable time prior to the expiration of this Agreement. The following procedures shall constitute the correct method for negotiations: Either party may submit written notice as to the need for collective bargaining upon the other within a reasonable time prior to the expiration of this Agreement. It shall include a list of proposals which shall inform the other party of the items they desire to negotiate. It shall be the obligation of both parties to meet within ten (10) days after the receipt of written notice of a request for a meeting for collective bargaining purposes. Any Federal, State or Local Legislation which has impact upon this Agreement shall be reviewed by both parties with advice of legal counsel so as to properly adjust to comply with the law when appropriate. 27. ARTICLE 20 ADMINISTRATIVE LEAVE 20.1 Administrative leave may be granted to an employee at the sole and exclusive 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 attend the funeral of a fellow employee. 20.2 Failure to grant administrative leave shall not be subject to the grievance procedures of this Agreement. 28. ARTICLE 21 MERIT INCREASES 21.1 A salary increase shall be based on merit. A merit increase in salary rewards an employee who is continually doing above satisfactory performance. 21.2 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. 21.3 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 pay grade shall receive on his annual anniversary date a pay increase of two percent (2%). 21.4 Increases granted shall be effective at the inception date of the following pay period. 21.5 Employees of this unit will be informed of their evaluation 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. 21.6 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 evaluation and such statement shall remain in the employee's personnel file as long as the evaluation or reprimand is retained on file. 21.7 The City represents that it will strive for consistency in merit evaluations. 29. ARTICLE 22 PROMOTION, TRANSFERS 22.1 A promotion is the assignment:of an employee to a position in a higher classification, having a higher maximum salary, than the position from which assignment is made. 22.2 An employee shall be placed on a six (6) month probationary period at the time of promotion. The supervisor shall review the employee after the six (6) months and make his 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 shall be reviewed annually on this date. 22.3 A transfer is the switching of an employee to a job on an equal level in the same or another department. 22.4 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, 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. 22.5 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 employee shall be placed in a layoff status and the provisions of the Seniority Section of this Agreement pertaining to recall shall apply. 22.6 All accrued benefits shall be transferred with the employee. The probationary period does not affect the employee's entitlement to City benefits granted after satisfactorily completing the initial probationary period. posted. 22.7. The City shall note the Department on all job vacancy notices 30. 0 ARTICLE 23 JURY DUTY AND APPEARANCE AS A WITNESS 23.1 In an attempt to help an employee perform certain civic It responsibilities when called upon, the City shall provide leave for jury duty or appearance as a witness. 23.2 After an employee has been subpoenaed by a private party to a litigation and testifies while being excused from duty with pay, he shall accept the witness fee, but shall be required to turn over the fee to the City. If the 1 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 Compensation" Article of this contract. The witness fee check should be properly endorsed, attached to the completed Request for Leave 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. 23.3 An employee who is bringing suit upon another party or who is being sued shall not be eligible for this leave. 23.4 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. 31. ARTICLE 24 PERSONAL VEHICLE COMPENSATION 24.1 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. I 32. L ARTICLE 25 SAFETY AND SAFETY COMMITTEE 25.1 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. 33. 1 ARTICLE 26 MILITARY LEAVE 26.1 The City agrees to allow military leave for employees in the bargaining unit pursuant to state law. 34. 1 ARTICLE 27 VOTING TIME 27.1 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 is eligible to vote. This time shall not be deducted from the employee's vacation leave or sick leave. 35. L ARTICLE 28 BLOOD BANK 28.1 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. 36. ARTICLE 29 SENIORITY 29.1 Seniority shall be defined as the total amount of uninterrupted continuous service to the City. Seniority shall commence from the employees first date of service. 29.2 In the event that it is necessary to reduce the work force, all layoffs shall be according to seniority by classification within a department. All laid -off employees shall have the first rights of recall. Those members of the bargaining unit who are laid off shall retain their right to be recalled for up to and including three months. 29.3 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. 29.6 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. 29.7 If the recall notice is returned and not receipted, the employee will be dropped from the recall list and the City shall have no further obligation to the employee. 29.8 In the event of layoffs or abolition of a position, the City shall endeavor to find another position in the City for the employee. 29.9 All employees shall receive at least two (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. 37. 1 ARTICLE 30 WAGES 30.1 Effective October, 1, 1981, the City will increase each position classification for employees included in the bargaining unit by nine percent (9%). 30.2 Effective October 1, 1982, the City will increase each position classification for employees included in the bargaining unit by nine and one- half percent (9 1/2%). 30.3 Effective October 1, 1983, the City will increase each position classification for employees included in the bargaining unit by ten percent (10%). 38. ARTICLE 31 MISCELLANEOUS 31.1 Members of the Bargaining Unit shall continue to enjoy those rbenefits established in writing and not covered by the City of Tamarac Personnel Manual dated July 22, 1981, that were enjoyed prior to the execution of this Agreement and which are not covered by this Agreement; subject to modification by the City Council after two weeks' notice has been provided to the Federation. 31.2 All job benefits and terms and conditions of employment as set forth in the sections of the City of Tamarac Personnel Manual dated July 22, 1981 listed as follows shall remain in effect for those employees covered by this Agreement for the life of this Agreement: Sections 37 and 35.03. The following sections of the Personnel Manual are superseded and controlled by this Agreement and any changes made thereto by the City shall not affect those employees covered by this Agreement: Sections 11, 12, 16, 18, 19, 21, 22, 25, 26, 27, 28, 29, 30, 31, 32, 34, 35,•.40 and 44. All other sections of the Personnel Manual apply to members of the Unit and may be amended by the City, and the amendments shall be binding on the employees covered by this Agreement. The foregoing provisions of this section shall not be interpreted to prevent a Department from formulating and enforcing its own rules, regulations and policies so long as such rules, regulations and policies do not alter the terms and conditions of this Agreement or detract from the benefit structure of the employees. Ll 39. ARTICLE 32 PROBATIONARY PERIOD 32.1 The probationary period is regarded as an integral part of the placement process. It is utilized for closely observing the member's performance for securing the most effective adjustment of the new member to the position, and for rejecting a member whose performance does not meet the required work standards. 32.2 At any time during the 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. 32.3 A new member shall be reviewed once after two (2) months and then again after four (4) months from date of hire. These reviews shall in no way affect the member's salary, but rather shall be a means of notifying the member, supervisor and City Manager of the member's progress. Two (2) and four (4) month reviews reflecting less than satisfactory progress may be cause for immediate termination of employment. The probationary period is six (6) months from the first day of work. 32.4 Any member who has completed his initial probationary period and who is promoted or is transferred to or from his department, shall serve an additional probation period of six (6) months. If this probationary employee does not prove to be satisfactory, the member shall be returned to his original classification, if there is a vacancy. In the event that there is no vacancy, said employee shall have the right to the first available vacancy at his former classification or any lower classification for a period of one year. In the event that a vacancy arises in his former classification and the member does not choose to fill that vacancy, the member's one year right to fill that vacancy shall terminate. However, if a vacancy arises in a lower classification and the employee refuses that vacancy his recall rights shall be retained for that same one year period. For purposes of notification the procedures to be followed are the same as set forth in Article 29 Seniority - recall. 40. IL ARTICLE 33 PROHIBITION AGAINST REOPENING OF NEGOTIATIONS 33.1 Except as specifically provided herein, neither party hereto shall be permitted to reopen or renegotiate this Agreement or any part of this Agreement. This Agreement contains the entire Agreement of the parties on all matters relative to wages, hours, working conditions, and all other matters which have been, or could have been negotiated by and between the parties prior to execution of this Agreement. 33.2 The City in its sole discretion, may reopen this Agreement for the sole purpose of negotiating additional wage provisions, or modification of existing wage provisions where any Federal or State legislature (or regulations) has created a hardship upon the City in implementing any of the wage terms of this Agreement. In such case, the parties, at the City's request, shall promptly meet to negotiate such new provisions or revisions of existing provisions concerning wages, as will alleviate the hardship upon the City. The Federation may suggest wage modifications•at this time. 41. s I ARTICLE 34 SAVINGS CLAUSE 34.1 In the event that any court of -competent jurisdiction declares any word, section, paragraph, or Article of this Agreement illegal or invalid that action shall not affect the remainder of the Agreement which shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on the respective dates shown under the signatures. ATTEST: 64 "4 - ATTEST: APPROVED AS TO LEGAL SUFFICIENCY Arthur it en, Gity Attorney CITY OF TAMARAC ByTOR Th i s1f day o f 1981 r IG-ITT ,�. . ,�� �, 1981 FEDERATION OF PUBLIC EMPLOYEES This r5_ aY o /.)c-c r,. is oay orb; „�' i s�� aY o 2� . �� �� 1981 42.