HomeMy WebLinkAboutCity of Tamarac Resolution R-81-2361
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Introduced by: (/L1 .ls,2goc Temp. Reso. # 2044
CITY OF TAMARAC, FLORIDA Rev. 1)/2.8/81
RESOLUTION NO. R- ,g/-p?34
A RESOLUTION PROVIDING FOR ACCEPTI'NCE OF THE
AGREEMENT OF FEDERATION OF PUBLIC EMPLOYEES,
TO REPRESENT THE BLUE COLLAR WORKERS IN THE
CITY OF TAMARAC, AND AUTHORIZING THE PROPER
CITY OFFICIALS TO EXECUTE SAID AGREEMENT ON
BEHALF OF THE CITY OF TAMARAC; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac and the Federation of
Public Employees have collectively bargained in good faith and
have reduced said bargaining to an agreement, and the -City Council
of the City of Tamarac, Florida, is desirous of approving said
agreement and providing for the proper execution of said agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That that certain agreement by and between
the City of Tamarac and the Federation of Public Employees,Blue Collar
Nnit1for the period from October 1, 1981 to September 30, 1984)
is hereby APPROVED. A copy of the 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 4;2' day of 4.4
ATTEST:
ASST. CITY CLERK
I HEREBY CERTIFY that I have
approved the form and correctness
of this RESOLUTION.
'. �-' /L'4.`��i�
CITY ATTORNEY
MAYOR.
DISTRICT
DISTRICT
DISTRICI
DISTRICI
RECORD OF COUNCIL VOTE
1981.
+? 1'. ;�? G
00:+
AGREEMENT
-Between-
THE CITY OF TAMARAC
-And-
FEDERATION OF PUBLIC EMPLOYEES
(BLUE COLLAR CONTRACT)
TABLE OF CONTENTS
ARTICLE 1-------------------------
PREAMBLE
ARTICLE 2 _________________________
RECOGNITION
ARTICLE 3-------------------------
MANAGEMENT'S RIGHTS
ARTICLE 4 ----------------_________
PROHIBITION OF STRIKES
'-
ARTICLE 5 -------------------------
NON-DISCRIMINATION
ARTICLE 6-------------------------
CHECK -OFF
ARTICLE 7-------------------------
FEDERATION REPRESENTATION
ARTICLE 8-------------------------
BULLETIN BOARDS
ARTICLE 9 _________________________
BEREAVEMENT LEAVE
ARTICLE 10-------------------------
SICK LEAVE
ARTICLE 11-------------------------
VACATION LEAVE
ARTICLE 12-------------------------
HOLIDAYS
ARTICLE 13-------------------------
HEALTH INSURANCE
ARTICLE 14-------------------------
WORK WEEK AND OVERTIME
ARTICLE 15-------------------------
PROBATIONARY PERIOD
ARTICLE 16-------------------------
WORK IN OTHER CLASSIFICATIONS
ARTICLE 17-------------------------
GRIEVANCE PROCEDURE AND ARBITRATION
ARTICLE 18-------------------------
WAGES
ARTICLE 19-------------------------
TOTAL AGREEMENT
ARTICLE 20-------------------------
DURATION OF AGREEMENT
21
SENIORITY - LAYOFFS, PROMOTIONS, RECALL
ARTICLE -------------------------
ARTICLE 22-------------------------
MISCELLANEOUS
ARTICLE 23-------------------------
SAVINGS CLAUSE
ARTICLE 1
PREAMBLE
1.1 This Agreement is entered into this day of ,
1981, 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
r
Engifieers 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.
-4
I
ARTICLE 2
RECOGNITION
2.1 The City agrees to hereby recognize the Federation as the sole
and exclusive Bargaining Agent for all regular full and part-time and blue-
collar employees in the Public Works, Building, and Utilities -Engineering
Depa-rtments, excluding clerical, supervisory and managerial personnel in
accordance with certification 413 by the Public Employees Relations Commission
attached hereto as Exhibit 1. Employees whose wages are funded by CETA, with
the exception of CETA projects, are also included.
2.
ARTICLE 3
MANGEMENT'S RIGHTS
3.1 The Federation recognizes the right of the City to operate,
manage and direct all affairs of all departments within the City, except as
otherwise expressly provided elsewhere in this Agreement, including the
exclusive right:
A. To manage, direct and totally supervise without interference
from the employees of the City.
B. To hire, re -hire, promote, transfer, schedule, train, assign and
retain employees in positions with the City and to establish
procedures therefor.
C. To suspend, demote, discharge, lay off or take other
disciplinary action against employees for just cause in
accordance with the City's rules, regulations and procedures.
D. To maintain the efficiency of the operations of all departments
in the City.
E. To determine the structure and organization of City government
including the right to supervise, subcontract, expand,
consolidate or merge any department and to alter, combine,
eliminate or reduce any division thereof.
In the event the City chooses to subcontract, and this will
necessitate termination of any employees, the City will give at
least 60 days notice to the employee.
F. To determine the number of all employees who shall be employed
by the City, the job make-up, activities, assignments, and the
number of hours and shifts to be worked per week including
starting and quitting time of all employees subject to one week
notice if hours are to be changed except in cases of emergency.
G. To determine the number, types and grades of positions or
employees assigned to an organizational unit, department or
project, and the right to alter, combine, reduce, expand or
cease any position.
3.
11
H. 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.
I. To establish, change or modify duties, tasks, responsibilities
or requirements within job descriptions.
3.2 It is understood by the parties that every incidental duty
connected with operations enumerated in job descriptions is not always
specifically described and employees, at the discretion of the City, may be
required to perform duties not within their job description, but within the
realm of related duties.
3.3 The City shall formulate all departmental policies and
procedures including rules and regulations which will serve as a guide for the
conduct, responsibilities and duties of all employees covered by this
Agreement. The use, location, operation and personnel policies including care
and maintenance of any equipment or property of the City used by the employees
covered by this Agreement shall be subject to the exclusive direction and
control of the City.
3.4 Any right, privilege or function of the City not specifically
released or modified by the City in this Agreement shall remain exclusively
with the City. Should the City fail to exercise its rights in any of the
above functions from time to time, this shall not be construed or deemed a
waiver of the City's prerogative to exercise any or all rights or functions
listed herein provided that rules and regulations that have not been enforced
shall be posted or otherwise brought to the attention of the employee and
reasonable notice provided to the employee that the terms will be enforced.
4.
ARTICLE 4
PROHIBITION OF STRIKES
4.1 The Federation and its members agree not to engage in a strike,
as defined in Florida State
Statutes as presently in force or hereinafter
amended and the Constitution
of the State of Florida, work stoppages,
boycotts, slowdowns 'or other
actions which objectively interfere with the
operation of any Department and
the City.
4.2 There will be no strikes, work stoppages, 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.
4.3 Recognizing that Florida Law prohibits the activities
enumerated in Paragraph 4.1
above, the parties agree that any member who
participates in or promotes
a strike, work stoppage, slowdown, boycott,
failure or refusal to perform
work or 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.
4.4 It is recognized by the parties that activities enumerated in
Paragraphs 4.2 and 4.3 above are contrary to the ideals of professionalism and
to the Public Works Department's community responsibility and that any
violation of this Article would give rise to irreparable damage to the City
and to the public at large. Accordingly, it is understood and agreed that in
the event of any violation of this Article, the City shall be entitled to seek
and obtain legal and/or equitable relief in any court of competent
Jurisdiction.
4.5 For the purpose of this Article, it is agreed that the Employee
Organization shall be responsible and liable 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 he a breach of this Article if neither the Federation nor any of its
officers or agents instigated, authorized, condoned, sanctioned or ratified
such action.
5.
ARTICLE 5
NON—DISCRIMINATION
5.1 The City will not discriminate against any employees covered by
this Agreement because of membership in the Federation.
5.2 The City and the Federation shall not discriminate against any
member of the bargaining unit on the basis of race, religion, color, creed,
sex; age or national origin.
5.3 For the sake of convenience, the use of the male gender herein,
is intended to apply to both male and female employees.
6.
ARTICLE 6
CHECK —OFF
6.1 Full-time active employees covered by this Agreement may
authorize payroll deductions for the purpose of paying Federation dues. No
authorization shall be•allowed for payment of initiation fees, assessments or
fines.
6.2 The Federation will initially notify the City of the amount of
dues. Such notification will be certified to the City in writing over the
signature of an authorized officer of the Federation. Changes in Federation
membership dues will be similarly certified to the City and shall be done at
least one (1) month in advance of the effective date of such change.
6.3 Dues shall be deducted monthly and the funds shall be remitted
to the Treasurer of the Federation within thirty (30) days along with a list
of employees whose dues are remitted. The Federation will indemnify, defend
and hold
the City
harmless
against any
claims made and against any suits
instituted
against
the City
on account
of payroll deduction of Federation
�1
dues.
6.4 The Federation will not be required to reimburse the City for
administrative costs of payroll deductions withheld by the City.
6.5 For the purpose of putting this Article into effect, employee
members covered by this Agreement will execute individual authorization
reading as set forth on following page.
7.
AUTHORIZATION TO DEDUCT
TO THE CITY OF TAMARAC
I hereby assign to the Federation from any wages earned or to be
earned by me as your employee, my periodic dues in such amounts as are now or
hereafter established by the Federation and become due to it as my membership
dues_ in said Federation. I authorize and direct you to deduct and withhold
such amounts from my salary and to remit the same to said Federation. I
hereby waive all rights and claims to said monies deducted and transmitted in
accordance with this authorization, and release the City and all its officers
from any liability therefor.
This assignment, authorization and direction shall be revocable at
any time upon thirty (30) days written notification to the City and the
Federation.
a
NAME (signature)
NAME (Printed)
8.
a
ARTICLE 7
FEDERATION REPRESENTATION
7.1 Neither party, in negotiation, shall have any control over the
selection of the negotiating or bargaining representatives of the other party.
The bargaining committee of the Federation shall consist of not more than two
(2)_. employee representatives who may attend all bargaining sessions during
r_
working hours at no loss of pay. The Federation will furnish the City Manager
with a written list of the Federation's bargaining committee prior to the
first bargaining meeting and substitution changes thereto if necessary.
9.
ARTICLE 8
BULLETIN BOARDS
8.1 The City will provide one (1) bulletin board in the Public
Works Department, (1) bulletin board in the Utilities East Department and (1)
bulletin board in the Utility West Department for the exclusive use of the
Federation and solely for posting of official union materials.
8.2 The Federation agrees that the material posted shall not
reflect adversely on the City. All notices must be signed by an officer of
the Union and approved by the City Manager prior to posting.
8.3 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 or posting by employees of
pamphlets, advertising or political matter, notices - or any kind of literature
upon City property other than as herein provided.
8.4 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.
8.5 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
rel ations .
Any intentional violation of this provision by the Federation
will result in the privilege of such use of the bulletin boards being
withdrawn.
10.
ARTICLE 9
BEREAVEMENT LEAVE
9.1 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).
9.2 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.
9.3 In authorizing emergency funeral leave, the supervisor shall
obtain the following information from the member and have it entered for
payroll purposes:
-relationship of the deceased to the member
-dates of absence requested
9.4 In order for an employee to be eligible for emergency funeral
leave, he must contact his Department Head during the first day of bereavement
to notify the City that he will not be at work.
9.5 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).
11.
ARTICLE 10
SICK LEAVE
10.1 Sick leave with pay shall be granted to members at the rate of
one (1) working day or eight (8) working hours for each completed month of
service commencing from the first day of employment. It shall be accrued from
year: to year. No sick leave may be taken until the employee has been employed
for{ thirty (30) calendar days. Employees on leave without pay are not
entitled to accrue sick leave hours while on leave without pay.
The minimum period of absence to be charged to sick leave
shall be two (2) hours.
10.2 Sick leave shall not be considered a right which a member may
use at his own discretion, but rather a privilege which shall be allowed only
for the following reasons:
-absence due to personal illness or injury (absence due to
illness of a member of the family shall be charged to
personal leave)
-personal medical and dental appointments
-absence due to contagious illness in the member's immediate
family (father, mother, sister, brother, children and
spouse)
10.3 A member on probation earns sick leave immediately and is able
to use the sick leave during the six (6) month probationary period.
10.4 Whenever possible, a member shall give the supervisor advance
notice of sick leave. If this is not possible, a member shall be expected to
contact the supervisor within one (1) hour after starting time, unless
extenuating circumstances prevent such communication.
10.5 A member who is absent from work due to an illness in excess
of three (3) days shall be required to submit a physician's statement of
physical condition. When deemed necessary, the department head may require
proof of any illness.
It10.6 Abuse of sick leave is grounds for disciplinary action.
Excessive use of sick leave shall be closely monitored.
10.7 A member out of work due to an on-the-job injury will be paid
for the first five (5) working days by use of sick leave exclusively.
12.
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.
10.8 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:
e
ACCUMULATED DAYS % OF BUY BACK
31-60 days 25%
61-99 days 50%
100 days and over 100%
At the time of separation from the City, if eligible, a
member who has accumulated thirty (30) or more days of sick leave shall be
paid at the following rate:
ACCUMULATED DAYS
The first 60 days
61-99 days
100 days and over
13.
% OF BUY BACK
25%
50%
100%
ARTICLE 11
VACATION LEAVE
11.1 All members shall be entitled to vacation leave after
satisfactorily completing a six (6) month probationary period.
11.2 At the beginning of each fiscal year, the department head
shaft submit a vacation schedule of the department, based on seniority, for
the fiscal year to the City Manager for approval.
11.3
Vacation leave shall be earned
at the
following rate:
SERVICE
VACATION
0 through 5 years
12
paid
days per year (96
hrs)
After completion
of 5 yrs. through 10 yrs.
15
paid
days per year (120
hrs)
After completion
of 10 yrs. through 15 yrs.
18
paid
days per year (144
hrs)
After completion
of 15 years
21
paid
days per year (168
hrs)
Employees on leave without pay status are not entitled to accumulate vacation
leave while on leave without pay status.
11.4 A member eligible for twelve (12) days annual vacation shall
take a minimum of five (5) consecutive days per year. A member eligible for
fifteen (15) days annual vacation shall take a minimum of ten (10) consecutive
days per year. A member eligible for eighteen (18) days annual vacation shall
take a minimum of ten (10) consecutive days per year. Vacation leave may be
accumulated, but not to exceed thirty (30) days at any time during a member's
term of employment.
11.5 Upon termination of employment a member shall be paid for
accumulated vacation leave in a lump sum if he has satisfactorily completed a
six (6) month probationary period.
11.6 Vacations for each calendar year shall be drawn by employees
on the basis of seniority. For the purposes of this Article, seniority shall
consist of continuous accumulated paid service with the City and shall be
computed from date of appointment.
11.7 Vacation leave earned shall be computed on the following
basis:
0-5 years - eight (8) hours per.month of service
After completion of 5-10 years - ten (10) hours per month of
service
14.
After completion of 10-15 years - twelve (12) hours per month
of service
After completion of 15 years - fourteen (14) hours per month
of service
■
15.
A
year:
ARTICLE 12
HOLIDAYS
12.1 All members shall be entitled to nine (9) paid holidays per
-New Year's Day
-President's Day
-Memorial Day
-Independence Day
-Labor Day
-Veteran's Day
-Thanksgiving Day
-Thanksgiving Friday
-Christmas Day
12.2 Should a holiday fall on a Saturday or Sunday the City will
designate either the preceding Friday or following Monday for observance.
To be eligible for paid holiday, a member must be in pay
status the day preceding and following the holiday. Pay status shall be
defined as physically being at work or on an authorized leave 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.
12.3 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 term of employment.
16.
1
1
ARTICLE 13
HEALTH INSURANCE
13.1 The City shall provide group health insurance coverage after
one hundred and eighty (180) calendar days of employment for the member at no
cost to the member.
13.2 If the• employee desires dependent coverage, it will be
subsidized by the City at the City's contribution rate in effect at the time
of the execution of this contract. However, no employee may receive dependent
coverage until after he has been employed for in excess of one hundred and
eighty (180) calendar days.
17.
ARTICLE 14
WORK WEEK AND OVERTIME
14.1 The standard work week shall consist of forty (40) hours.
14.2 A member who is not at work during the approved hours shall be
considered unexcused unless such absence is approved by the supervisor.
Repeated lateness is significant to operational effectiveness and is grounds
for the supervisor to take disciplinary action against a member.
Lateness, which is unexcused absence from work, in excess of
seven minutes, shall cause a member to be penalized in quarter hour (15)
minute units for each fraction of such period absent.
14.3 Members shall receive a fifteen (15) minute rest period during
the first half of their work period and another fifteen (15) minute rest
period during the second half of their work period.
14.4 All work performed in excess of ,forty (40) hours in any work
week shall be paid at time and one-half or shall be compensated in
compensatory time at the rate of •one and one-half (1 1/2) hours of
compensatory time for each hour worked in excess of forty (40) hours. Except
in situations where a department has a shortage of funds, the employee shall
have the option of taking compensatory time or cash payment.
14.5 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. There
shall be no payment for travel time.
18.
ARTICLE 15
PROBATIONARY PERIOD
15.1 The probationary period is regarded as an integral part of the
placement process. It is utilized for closely observing the member's
performance for securing the most effective adjustment of the new member to
the:. position, and for rejecting a member whose performance does not meet the
T�
requ'ired work standards.
15.2 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.
15.3 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.
15.4 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 21
Seniority - recall.
19.
1
ARTICLE 16
WORK IN OTHER CLASSIFICATIONS
16.1 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
assilp an employee to a higher job classification subject to the following
provision:
An employee temporarily assigned to a higher paying job
classification for a period in excess of twenty (20) consecutive hours within
any eighty (80) hour pay period shall be compensated at the regular rate of
pay of that higher paying job classification for all hours worked in that job
classification in excess of twenty (20) hours. The employee temporarily
working in a higher classification as herein indicated shall be paid at a step
in that higher classification sufficient to give the,employee a higher rate of
pay
16.2 If the temporary acting position is for a substitution of a
member absent on authorized leave, it shall be understood that said assignment
may be in effect only until such time that the absent member returns, or until
the job is declared to be vacant.
16.3 If a member is temporarily assigned to work in a lower paying
job classification he will not receive a decrease in pay.
20.
ARTICLE 17
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.
A. An employee that has a supervisor other than a department head
1. The employee should first make an informal presentation of
the grievance to the immediate supervisor within five (5) working
days after the incident occurs.
a. The supervisor must reply in two (2) working days.
2. Failing a solution•, the aggrieved employee shall submit a
grievance, in writing, to the department head within three (3)
working days of failure to reach a solution with the immediate
supervisor.
a. The department head will schedule a hearing within three
(3) working days.
b. At the hearing, the employee may present witnesses in
support.
c. The immediate supervisor must 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 may submit a grievance, in writing, to the
City Manager within three (3) working days of the decision of the
department head.
a. The City Manager shall conduct hearing within seven (7)
21.
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 should first make an informal presentation of
the grievance to the department head.
a. The department head must reply in two (2)'working days
after the incident occurs.
2. Failing a solution, the aggrieved employee shall then have
three (3) days to submit a grievance, in writing, to the department
head who shall render a written decision within four (4) working
days.
3. If this does not resolve the grievance, the employee should
submit a grievance, in writing, within three (3) working days of the
decison of the department head to the City Manager.
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.
4. Failure on the part of the employee to take any appeal or
demand an arbitration within the time frame provided herein shall be
deemed a waiver of his claim.
5. If the grievant requests, a Union employee representative
may accompany the grievant to all steps of the grievance procedure,
22.
formal or informal at no loss in pay to the representative.
C. In the event the aggrieved employee and the Federation are not
satisfied with the decision of A or B, above, the Federation may demand
arbitration, and this demand, in writing, shall be presented to the City
Manager within ten (10) working days from the receipt of the decision of Step
A or B, above.
The arbitrator shall be appointed by mutual 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 decision of said arbitrator shall be final and binding upon
both parties. The arbitrator shall not be empowered to alter, amend, add to,
or eliminate any provisions of this Collective Bargaining Agreement. Expenses
incident to the services of the arbitrator shall be borne equally by both
parties.
D. In the event that an employee has been 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.
E. In the event that any employee has been suspended and that
suspension is upheld, that employee, upon the expiration of that suspension,
shall be fully 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.
F. Nothing in this article shall require the Federation to process
grievances for employees who are not members of the Federation, in conformity
with Florida law.
23.
G. 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 17 B. 1. above. The
grievance shall be signed by the aggrieved members or the Representative of
the; Federation. Thereafter, the grievance shall be processed in accordance
with the procedures in Article 17 B above.
H. The parties recognize that situation may ar »C -1- 1 n
disciplinary or other adverse personnel action against members is taken
directly by the City Manager or Acting City Manager. When this occurs, the
member shall immediately avail himself of the Arbitration provisions set forth
below.
24.
ARTICLE 18
WAGES
18.1 Effective October 1, 1981, the City will increase each
position classification for employees included in the bargaining unit by nine
percent (9%).
r 18.2 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%).
18.3 Effective October 1, 1983 the City will increase each position
classification for employees included in the bargaining unit by ten percent
(10%).
25.
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ARTICLE 19
TOTAL AGREEMENT
19.1 The parties agree that this Collective Bargaining Agreement
2 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.
f .
t 19.2 This Agreement supersedes any prior Agreements or practices in
effect at date of execution.
26.
I
ARTICLE 20
DURATION OF AGREEMENT
20.1 This Agreement shall be effective as of October 1, 1981 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 its 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 21
SENIORITY — LAYOFFS, PROMOTIONS, RECALL
Seniority shall be defined as the total amount of continuous service
to the City. Seniority shall commence from the employees first date of
service.
Layoffs shall be defined as a reduction in employees due to (1)
decteased work load in the City or (2) a reduction of funds for City
services.
Layoffs shall be conducted by the City according to the ability to
perform the job. In the event that members of the bargaining unit are of
equal ability to perform the job, then the most senior member of the
bargaining unit shall be retained.
Those laid off members of the bargaining unit shall be recalled
according to seniority by the City prior to the City hiring any new employee
for that job classification. Those members of the bargaining unit who are
laid off shall retain their right to be recalled for up to and including six
(6) months.
An employee being recalled shall be notified by certified mail
(return receipt), together with a carbon copy to the Federation, and shall
have five (5) working days from the date of receipt of notice to respond
affirmatively. The City reserves the right to temporarily assign employees to
the vacancy until the recalled employee reports to work.
If the City fails to receive an affirmative response, the employee
shall be removed from the recall list and the Board shall have no further
obligation to the employee.
If the recall notice is returned and not receipied, the employee
will be dropped from the recall list and the Board shall have no further
obligation to the employee.
In the event of layoffs or abolition of a position, the City shall
endeavor to find another position in the City for the employee.
Promotions will be made on the basis of merit. The city recognizes
that seniority will be a factor in determining the most qualified applicant.
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Any employee may apply and be considered for any vacant position.
Notice of all vacancies will be posted on the bulletin boards in the
Public Works, Utility fast and Utility West Departments.
The City agrees to use its best efforts to continue its policy of
making appointments to City positions from within the ranks whenever
possible.
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ARTICLE 22
MISCELLANEOUS
22.1 Military Leave: Military Leave will be granted in accordance
with State of Florida law.
22.2 The City will furnish one water cooler per truck one time
during the term of this Agreement. It is incumbent upon the employees of the
Public Works Department to see that the coolers are properly cared for and not
stolen.
22.3 The City will establish a Safety Committee which will meet
periodically.
22.4 Members of the Bargaining Unit shall continue to enjoy those
benefits enjoyed prior to the execution of this Agreement not covered by this
Agreement subject to modification by the City Council after two weeks' notice
has been provided to the Federation. Safety measures may be instituted
administratively.
22.5 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 18, 37, 4U 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 4, 11, 12, 16,
19, 22, 25, 26, 28, 30, 31, 34, 35 and 44. All other sections of the
Personnel Manual 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.
22.6 The City shall supply uniforms and cleaning of uniforms to all
members of the bargaining unit.
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22.7 The City shall supply "half -sized" lockers to all members of
the bargaining unit.
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31.
ARTICLE 23
SAYINGS CLAUSE
23.1 In the event that any court of competent jurisdiction declares
any word, section, paragraph, or Article of this Agreement illegal or invalid
that action shall not affect the remainder of the Agreement which shall
confinue 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:
APPROVED AS TO LEGAL SUFFICIENCY
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CITY OF
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This ay of , 1981
FEDERATION OF PUBLIC EMPLOYEES
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32.