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AGREEMENT 1981 - 1984 " I , /.,- . ~ , . ,,,..' "J- AGREEMENT between CITY OF CLEARWATER, FLORIDA and COMMUNICA TIONS WORKERS OF AMERICA Fiscal Years 1981-82 1982-83 1983-84 00 P ( dl\ -~ cy:;., (\) [ ..,} I ~ T able of Contents Preamble ARTICLE I----------Recognition ARTICLE II---------General Provisions ARTICLE III--------Rights of Employees ARTICLE IV---------No Strike and Other Unlawful Acts ARTICLE V----------City's Management Rights ARTICLE VI---------Grievance Procedure ARTICLE VII--------Union Representative ARTICLE VIII-------Union Rights ARTICLE IX---------Hours of Work and Overtime ARTICLE X----------Leaves of Absence ARTICLE Xl---------Holidays ARTICLE XII--------Vacations ARTICLE XIII-------Seniority ARTICLE XIV--------Lay-Off and Recall ARTICLE XV--------Retirement ARTICLE XVI-------Uniforms and Rain Gear ARTICLE XVII------Insurance ARTICLE XVIII------Health and Safety ARTICLE XIX-------Job Description and Classification ARTICLE XX--------Appointments and Evaluation ARTICLE XXI-------Miscellaneous General Provisions ARTICLE XXII------Discharge and Discipline ARTICLE XXIII------Salary ARTICLE XXIV------Duration, Modification and Termination I Page' No. 2 3 4 5 6 7 10 II 13 15 23 25 27 28 29 31 32 33 34 36 41 43 44 45 ~ '.. ~ I , -'+ AGREEMENT CITY OF CLEARWATER AND COMMUNICATIONS WORKERS OF AMERICA The CITY OF CLEARWATER, FLORIDA, hereinafter referred to as the "City", and the COMMUNICATIONS WORKERS OF AMERICA, Local 3179, hereinafter referred to as the "Union", (PERC Registration No. 8HRA 74300 13), recognizing that the welfare and the best interest of the City of Clearwater will be served by procedures which provide for an orderly method for the City and the Union to bargain in good faith matters of common interest on these matters, do hereby agree as follows: -1- - I I ARTICLE I RECOGNITION The City recognized the Union as the exclusive bargaining representative for wages, hours and other terms and conditions of employment for employees of the City of Clearwater, Florida, who are members of the unit as herein defined: Included: Non-Professional employees of the City of Clearwater. Excluded: Department Heads; Division Chiefs; Managerial and Confidential Employees within the meaning of Section 447.203(4, 5), Florida Statutes; all Professional Employees within the meaning of Section 447.203( 13), Florida Statutes, and all other employees of the City of Clearwater not specifically included. A. Managerial Employees The following classifications of employees are "Managerial Employees" as defined in Section 447.203, Florida Statutes (Chapter 74-100), in that said employees have authority in the interest of the public employer, City of Clearwater, to formulate policy, or are reasonably required to assist directly in the preparation for and the conduct of collective bargaining, or have a major role in the administration of agreements resulting in collective bargaining, or have a significant role in personnel administration or employee relations and in the preparation and administration of budgets and said roles are not of a routine, clerical or administrative nature and require the exercise of independent judgment. Historically, these job classifications have been treated as managerial within the foregoing criteria. 8. Confidential Employees The following classifications of employees are "Confidential Employees" as defined in Section 447.203, Florida Statutes (Chapter 74-100), in that said employees are persons who act in a confidential capacity to assist, or aid, managerial employees of the classifications set forth above and as defined in the Florida Statutes; specifically said employees have access to and assist in the preparation for collective bargaining, budget, and all have access to information dealing with the administration of this contract, including the handling of grievances under the grievance procedure as set forth herein. -2- ~ ! I I ARTICLE II GENERAL PROVISIONS A. This Agreement shall be governed and construed according to the Constitution and Laws of the State of Florida. Accordingly, if any provisions of this, Agreement or any application of this Agreement to any employee covered hereby shall be found contrary to law, such provisions or applications shall have effect only to the extent permitted by law, but all other provisions or applications of this Agreement shall continue in full force and effect. B. No change, rescission, alteration or modification of this Agreement, in whole or in part, shall be valid unless the same is ratified by the City and the Union and endorsed in writing. C. The parties acknowledge and agree that, during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that all the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right to require further collective bagaining, and each agrees that the other shall not be obligated to bargain collectively with respect to any matter or subject not specifically referred to or covered by this Agreement; whether or not such matters have been discussed, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties at the time that they negotiated or signed this Agreement. This Agreement contains the entire contract, understanding, undertaking and agreement of the parties hereto and finally determines and settles all matters of collective bargaining for and during its term except as may be specifically otherwise provided herein. D. The City Manager's office shall set aside quarterly a time for meeting with the officers of the Union for the purpose of discussing any problems that may arise under the implementation of this Agreement. These meetings are not intended to by-pass the grievance procedure and should such a meeting result in a mutually acceptable amendment to the contract, then such amendment is subject to ratification by the City and the Union. In addition, the executive committee of the Union shall be allowed a monthly meeting to transact any and all business pertaining to the Union, said meeting to be allowed during work hours not to exceed two (2) hours at straight time. -3- ~ I I ARTICLE III RIGHTS OF EMPLOYEES A. Employees in the bargaining unit shall have the right to form, join and participate in, or to refrain from joining, forming, or participating in, the Union. Neither the City nor the Union will discriminate against any employees in regard thereto. B. The City and the Union will not discriminate against employees in the unit because of race, color, creed, sex, age, natural origin, physical handicaps, or membership or non-membership in a union; provided, however, that this will not prohibit the City from establishing bona fide occupational qualifications. C. It is understood that the provisions of this Article embrace all rights of employees covered by all applicable laws and regulations. -4- I I ARTICLE IV NO STRIKE AND OTHER UNLAWFUL ACTS A. The parties specifically incorporate herein the provisions of Florida Statutes 447.505, 447.507, and 447.509. B. In addition to the prohibitions and penalties prescribed in the aforementioned sections of the Florida Statutes, the parties specifically agree that any individual employee engaging in such activity may be immediately terminated without recourse to the grievance procedure whatsoever. However, the activity of participation may be subject to the grievance procedure provided herein. In addition, liability shall attach to such individual employee as well as the Union if the provisions of this section are violated. C. Should the Union or any of its employees breach this Article, the City may, in addition to the remedies provided in Chapter 447 of the Florida Statutes, be entitled to obtain a temporary injunction at an ex parte hearing; provided, however, that prior notice of the hearing has been given to the President of Local 3179. -5- ~ , I I ARTICLE V CITY'S MANAGEMENT RIGHTS A. Except as expressly limited by any provision of this Agreement, the City reserves and retains exclusively all of its normal and inherent rights with respect to the management of its operations, whether exercised or not, including, but not limited to, its rights to determine, and from time to time redetermine, the number, location and type of its various operations, functions and services; the methods, procedures and policies to be employed; to discontinue the conduct of any operation, function or service, in whole or in part; to transfer its operations, functions or services from or to, either in whole or in part, any of its departments or other divisions, to select and direct the working force in accordance with requirements determined by the City; to create, modify or discontinue job classifications, rules, etc.; to establish and change work schedules and assignments; to transfer, promote or demote employees; to layoff, furlough, terminate or otherwise relieve employees from work for lack of work, lack of funds, or other legitimate reason; to suspend, discharge or otherwise discipline employees for proper cause; to alter or vary past practices and otherwise to take such measures as the City may determine to be necessary to the orderly and efficient operation of its various operations, functions and services. B. If in the sole discretion of the City Manager or Mayor it is determined that civil emergency conditions exist, including but not limited to, riots, civil disorder, hurricane conditions, or similar catastrophies or disorders, the provisions of this Agreement may be suspended by the City Manager or Mayor during the time of the declared emergency, provided that wage rates and other direct monetary payments shall not be suspended. -6- I I ARTICLE VI GRIEVANCE PROCEDURE It is the intent of this Article to provide a means for the reasonable settlement of disputes that arise under this Agreement between an employee and the City. All employees and supervisory personnel should, however, make every possible effort to settle differences at the lowest possible step outlined in this Article. A. A grievance shall be defined as any difference, dispute or complaint regarding the interpretation or application of the terms of this Agreement. Grievances may be filed by the City or by an aggrieved employee through the Union. Probationary employees shall not have access to the grievance procedure during the probationary period. Grievances initiated by the City shall always begin in Step 3, as hereinafter provided. B, No employee or group of employees may refuse to follow directions pending the outcome of a grievance. Employees in the unit will follow all directives, even if such directives are allegedly in conflict with the provisions of this Agreement. Compliance with such directives will not in any way prejudice the employee's right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the grievance. C. It is recognized and accepted by the Union and the City that the processing of grievances is of utmost importance, and therefore grievances may be processed during normal working hours when the absence of employees or supervisors involved is reasonable and will not be detrimental to the work programs of the City. D. If an employee selects the grievance procedure, as hereinafter set out under this Agreement, it is specifically understood that said employee has exercised his option granted by Florida Statutes 447.40 I and cannot thereafter process his complaint under any Civil Service appeal procedure. Any employee selecting the grievance procedure shall discuss the grievance with the Union representative after which the Union wi II advise whether the grievance is meritorious for processing, and shall be formally processed as follows: Step I Within ten (10) working days after such alleged violation is known by the grievant, the Union will present the grievance in writing to the employee's immediate supervisor and a copy to the City Manager or his designee. The supervisor will arrange for a meeting within five (5) working days after receipt of the grievance. The grievant may have a Union representative accompany him/her to the meeting with the supervisor to whom the employee is responsible. The supervisor wi II provide the grievant a written -7- -' I I answer on the grievance within three (3) working days from the date of said meeting. If the grievance is not resolved at Step I, the Union, within three (3) working days, may appeal the grievance to Step 2. Step 2 If the grievance is appealed to the department director, the department director wi II arrange for a meeting within five (5) working days after receipt of the grievance. The grievant may have a Union representative accompany him/her to the meeting with the department director to whom the employee is responsible. The director will provide the grievant a written answer on the grievance within five (5) working days from the date of said meeting. If the grievance is not resolved at Step 2, the Union may, within three (3) working days, appeal the grievance to Step 3. Step 3 If the grievance is appealed to the City Manager or his designee, the City Manager or his designee will arrange for a meeting with the grievant who may be accompanied by representatives from the Union, within ten (10) working days of receipt of the grievance. Both the City and the grievant shall have the right to include in its represen-tation such individuals as they deem necessary to develop pertinent facts. Acting for the City, the City Manager or his designee shall, within twenty-one (21) calendar days, provide a written decision after the hearings have been held. If the Union is not satisfied with the disposition of the grievance at Step 3, the grievance may be submitted to arbitration. Step 4 - Arbitration (a) Within forty-two (42) calendar days from the receipt of the decision of the City Manager or his designee, the party requesting to arbitrate the controversy shall give written notice to the other and shall at the same time request a list of five (5) arbitrators from the Federal Mediation and Conci liation Service. (b) Within ten (10) calendar days after receipt of the list of arbitrators, the Union and the City shall meet and each strike two names therefrom, with the party presenting the grievance striking the first name and alternately thereafter, the remaining name to designate the arbitrator. (c) As promptly as can be arranged the arbitration hearing shall be held. The arbitrator, in rendering his decision, shall confine his decision to the controversy in ques- tion and he shall not have the authority to add to, take away from, alter or amend any provision of this Agreement. The City will incur no liabi lity for back pay more than 30 days following the arbitration hearing. -8- I I (d) The decision of the arbitrator, insofar as it is in conformance with paragraph "c" hereinabove, shall be final and binding on both parties. (e) The expense of the arbitrator shall be borne equally by both parties, except that if either side desires a written transcript, such side shall bear the costs thereof, (f) The time limits contained herein may be extended by the mutual written consent of the parties, E. Miscellaneous I. The parties wi II cooperate in the investigation of any grievance, providing all pertinent information as may be requested for the processing of a grievance. 2. No reprisals of any kind shall be taken against any party in interest par- ticipating in the grievance procedure. 3. No record dealing with the processing of a grievance shall become a part of the personnel files of individual employees; however, ultimate records of adverse actions against employees may be included in personnel fi les. 4. No employee shall be required to discuss a written grievance if a Union representative is not present. 5. Forms and other necessary documents for fi ling and processing grievances shall be jointly developed by the City and the Union. Said forms shall provide for naming the Agreement provision which is alleged to have been violated. Forms will be made avai lable to employees by both parties. 6. In order to prevent the filing of a multiplicity of grievances on the same question on interpretation or compliance where the grievance covers a question common to a number of employees, it shall set forth thereon the names of the persons of the group and the title and specific assignments of the people covered by the group grievance. 7, Grievances arising at a step other than Step I shall be processed in the same manner except that the grievance will be initiated with the appropriate City admin- istrator or his designee rather than with the immediate supervisor or department head. 8. It is specifically agreed that employees who claim to have been discharged unjustly shall be subject to the foregoing grievance procedure, and if it is found that an employee has been unjustly discharged, he may be returned to work with pay for all time lost; provided that discharge or other disciplinary action taken with respect to any probationary employees is expressly excluded from this paragraph. -9- '. I I ARTICLE VII UNION REPRESENT A TIVE A. The City agrees that during the term of this Agreement it will deal only with the authorized representatives of the Union in matters requiring the mutual consent or other official action called for by this Agreement. The Union agrees to notify the City in writing of the name of such authorized representatives as of the execution of this Agreement and replacement therefor during the term of this Agreement. B. Union representatives recognized by this Agreement and by the City are the elected officials of the Union and the elected stewards of the Union. C. There shall be an average of one steward for each department and the Union shall provide written notice to the City of the appointment and/or replacement of stewards. D. The Union agrees that during the term of this Agreement it will deal only with the authorized representatives of the City, to-wit: the City Manager or his designees. -10- " , I ARTICLE VIII UNION RIGHTS A. Check-Off I. The City shall deduct dues on each pay day in amounts as certified to the City by the Secretary-Treasurer of the Communications Workers of America and will remit the aggregate deduction so authorized together with an itemized statement to the Secretary-Treasurer. Dues deductions will be remitted within thirty (30) days from the date of the deduction on a monthly basis. Changes in union membership dues will be simi- larly certified to the City in writing and shall be done at least thirty (30) days prior to the effective date of such change. 2. Notwithstanding anything herein to the contrary, any authorization for dues deduction may be cancelled by the employee upon thirty (30) days written notice to the City and to the Union. 3. The Union shall indemnify and hold harmless the City from any and all claims or demands and expenses in connection therewith based upon the City's participation in dues deduction. 4. Nothing contained herein shall require the City to deduct from a salary or be otherwise involved in the collection of Union fines, penalties or special assessments. 5. For the purpose of putting this Article into effect, the Union will furnish forms for such individual authorization, reading as follows: Authorization for Deduction The undersigned hereby authorizes to deduct from my wages an amount equal to one initiation fee and the regular monthly dues as certified to the Employer by the Secretary-Treasurer of the Communications Workers of America and remit the same to the Secretary-Treasurer of the Communications Workers of America or his duly authorized agent. This authorization shall be effective thirty (30) days following the day it is received by the Employer. This authorization may be revoked by me upon thirty (30) days written notice to the Public Employer and to the Union. Signature Soc.Sec.No. Date -11- " I I Withdrawal Card I hereby instruct the City of Clearwater to stop deducting from my wages each month the current normal monthly dues for the Communications Workers of America. Signature Soc.Sec.No. Date B. The Union may use City conference rooms and similar building facilities for meetings of the Union as has been done prior to the execution of this Agreement. The use of such facilities shall be during non-working hours, except as otherwise provided herein. Use of these facilities requires reasonable advance notice to the appropriate City official and there shall be no cost to the Union for the use of these facilities. C. A copy of the official City Commission agenda shall be provided to the Union. D. The Union shall be entitled to reasonable use of departmental bulletin boards at all offices in work locations where they are established; provided said bulletin boards shall be used for posting Union notices only and shall not be used for the purpose of soliciting membership. E. All permissible notices shall be signed by a duly recognized officer of the Union and may be delivered through the City's departmental inter-office mail system. F. The Union will be provided once a year access to the names and home addresses of all current employees of the City who are in the bargaining unit. G. The stewards shall be allowed reasonable time off without loss of pay during their regular shift hours for investigating grievances. The performance of this function by the steward shall in no way interrupt the normal functioning of City work assignments. The Union agrees to guard against the use of excessive time for such act iv- ities which are authorized by this Agreement. The steward will provide advance notice to supervision to allow planning arrangement to enable the steward time off for investigative activity. When a Union steward desires to contact an employee in the unit who has a complaint he/she shall first obtain oral permission from his/her supervisor. If permission is denied at that particular time, the Union representative will be informed of the reason for the denial. The Union steward will notify his/her supervisor upon his/her return to work. The President of the Union, or the designee of the President, shall have the privileges accorded to a steward. -12- '. I I ARTICLE IX HOURS OF WORK AND OVERTIME A. Regular Work Hours I. The regularly scheduled work week of the employees in the bargaining unit will be from 12:01 a.m. Monday to Midnight Sunday, and will consist of the number of hours set forth opposite the respective class titles on the Official Pay Plan. 2. All employees shall be provided up to one hour off work each day for lunch, generally scheduled in the middle of the work shift. All employees shall be granted two fifteen (15) minute rest periods, one during the first portion of their work shift prior to lunch and one after lunch. If employees opt not to utilize such lunch and/or rest periods the City shall not be deemed to have violated this section and employees shall not have the right to accrue and otherwise utilize this time in any other manner. In the event an employee's shift is other than a five (5) day, eight (8) hour work day each day, or five (5) day, seven-and-one-half (71fz) hour work day each day schedule, rest break times may be adjusted proportionately to permit the equivalent rest time on a weekly basis as employees on the standard work schedule. 3. When an employee is required by the department director to attend training of job-related workshops, such time spent shall be counted as hours worked. 4. Whenever practical, each employee wi II be granted two days off per week, exclusive of overtime. Each employee will be granted at least one day off per week, exclusive of overtime. 5. An employee's work schedule will not be changed arbitrarily, and the employee will be given reasonable notice consistent with the City's planning of its needs. Forty-eight (48) hours will be deemed reasonable notice. 6. Any employee who regularly works forty (40) or more hours per week (excluding seasonal) will be entitled to the same benefits as a permanent full-time employee. B. Overtime I. All employees as outlined in the Pay Plan eligible for overtime shall receive 1-1/2 times the normal rate of pay when said work is in excess of the forty (40) work hours per week and ordered by managerial personnel. 2. Employees shall not be unfairly discriminated against in the assignment of overtime. 3. Any employee required to work at least three (3) hours over the normal work day (consecutive, not to include standby), will be provided $5.00 for meal money. -/3- I I C. Standby and Recall (Mutually Exclusive) I. Standby. Effective October I, 1981, an employee assigned to standby will receive a flat fee of: (a) Monday through Friday (b) Weekends $ 6.00 per night $27.50 per weekend Effective January I, 1983, the fee will be increased to $7.00 per night and $30.00 per weekend. 2. Recall. (Call-out). If an employee is called back to work after the employee's normal work day, the employee shall receive a minimum of two (2) hours' pay at 1-1/2 times the normal pay. 3. Employees shall not be assigned to standby duty if excused in advance by managerial personnel, and in all cases the department will seek volunteers prior to assign- ing standby duty. The City shall have the right to specify requirements needed for standby, and employees not meeting said requirements may not volunteer for such standby. 4. Any employee assigned to standby and who, during the period of such standby assignment, is not readily available or who is or becomes unable to perform his work duties shall be subject to discipline, except that an employee who becomes sick or injured and immediately notifies his supervisor shall not be subject to discipline. -14- I II ARTICLE X LEA VES OF ABSENCE A. Sick Leave I. Members of the bargaining unit shall accrue sick leave in accordance with the schedule below: Scheduled Pay Period Hours Sick Leave Hours Accrued Per Pay Period Number of Year Iy Pay Periods Sick Leave is Accrued Yearly Sick Leave Hours 80 75 5.0 4.7 24 24 120.0 112,8 2. Sick leave may be accumulated without limit for each pay period the employee actually works, which shall be deemed to include actual work and periods when the employee is using accumulated sick leave (but not borrowed sick leave), holidays, vacation with pay, approved union activity paid and not paid (not to exceed one week per approval), and the 90 day no-loss of pay injury time. Employees shall not accrue sick leave during any other period of time when they are in a non-work status. 3. All accumulated unused sick leave shall be credited to any employee recalled from a lay off, transferred, or certified to another department or classification without break in service, appointed from a re-employment list or returning from a leave of absence. If the employee is promoted, demoted or transferred to another city position with a different Scheduled Pay Period Hours other than that defined above, that employee's sick leave balance will be adjusted to reflect equivalent days of sick leave earned, consistent with his/her new scheduled pay period hours. 4. In the event an employee has been separated and paid for accumulated unused sick leave as hereinafter provided, or has been dismissed for cause and subsequently is re-employed by the City, his/her subsequent sick leave accumulations shall be calculated as a new employee. 5. Under the provisions of this section, an employee may utilize his/her sick leave for absences from duty on any of his/her regularly scheduled work days for the number of regular hours he/she would otherwise have been scheduled to work on that day had not such absence occurred, Absence for a fraction of a day that is chargeable to sick leave in accordance with these provisions shall be charged by rounding to tenths of an hour according to the following: -/5- I I Minutes Tenths of an Hour I - 6 7 - 12 13 - 18 19 - 24 25 - 30 31 - 36 37 - 42 43 - 48 49 - 54 55 - 60 .1 .2 .3 .4 .5 .6 .7 .8 ,9 1.0 6. Sick leave shall not be considered a privilege to be used at the employee's discretion, but shall be used only for absences: (a) Due to personal illness or physical incapacity caused by factors over which the employee has no reasonable immediate control. (b) Necessitated by exposure to contagious disease in which the health of others would be endangered by his/her attendance on duty. (c) Due to dental appointments, physical examinations, or other personal sickness prevention measures, the scheduling of which at times other than during his/her regular working hours is impossible or unreasonable. (d) Due to illness of a member of his/her immediate family which requires his/her personal care and attention, not exceeding in anyone calendar year, the accumulated number of scheduled work hours in the employee's regularly scheduled work week. The term "Immediate Family" as used in this paragraph shall mean parents, grandparents, children, grandchildren, brothers, sisters or husband/wife of the employee and the immediate family as herein referenced of the husband/wife. 7. An employee absent for one of the reasons mentioned above shall inform his/her immediate supervisor as early as possible on the first day of absence. Failure to do so may be the cause for denial of sick leave with pay for the period of absence. In any event, the Departmental Rules shall govern the notification requirements. 8. In the event that an employee's current illness or physical incapacity should continue beyond the point where his/her accumulated unused sick leave has been exhausted, he/she may, upon written request and the approval of his/her immediate supervisor, Department Director, and City Manager, and when substantiated by a statement from competent medical authority substantiating the continuance of such illness or incapacity, obtains a sick leave advance up to but not exceeding the amount of accumulated unused sick leave which the employee had to his/her credit at the time such current illness or physical incapacity began. The Personnel Director shall be immediately notified in writing of any such advance which shall be charged against the employee's sick leave account thereby creating an overdraft position. Such overdraft shall have the status of a loan by the City to the employee and shall be repaid: (a) By the subsequent accumulation of sick leave in the amount necessary to retire such loan, or (b) By repayment to the City of such portion of the salary previously paid to the employee under the foregoing provisions as might be necessary to retire such loan. -16- I I The employee shall not be entitled to use any additional sick leave until the loan has been repaid and in the event of his/her separation prior to such repayment, the City shall retain from the monies otherwise due to the employee an amount sufficient to retire such loan. Provided, however, that if the separation is the result of the death of the employee, the loan shall be forthwith cancelled and no claim for repayment shall be filed against his/her estate. The employee shall not accumulate sick leave while being paid with borrowed sick leave. 9. Upon separation from the City service, an employee shall be paid one- half (Y2) of his/her accumulated unused sick leave, provided: (a) That the rate of payment shall be based on the regular bi-weekly salary of the employee (including longevity) at the time of separation for which his/her accumulated unused sick leave will be charged with twice the number of regularly scheduled hours of work for that employee in such bi- weekly period. If an employee is separated upon the termination of a leave of absence or the effective date of resignation executed under the provisions of paragraph (c) of this sub-section, the rate of payment shall be based on the regular bi-weekly salary of the employee (including longevity) at the beginning of his/her leave of absence or the date the resignation was executed, and (b) That at the time of separation, the employee has had at least five (5) years of continuous service with the City. Leaves of absence without pay, suspensions and lay-offs followed by subsequent re-employment shall not be considered as breaks in service; provided, however, that the length of such time-off or lay-off shall be deducted from the total length of service except that military leaves and leaves during which the employees are receiving Workers' Compensation salary supplement shall not be deducted, and (c) That the separation is involuntary on the part of the employee to the extent that it is occasioned by factors over which he/she has no immediate control, such as death, prolonged illness or physical or mental incapacity, inability to effectively perform duties because of physical condition, material changes in methods, procedures or organizations or for other reasons of like character as distinguished from reasons such as voluntary separation to seek or accept other employment, relocate, attend school, care for relatives or friends or reasons of like character. If the separation is the result of the death of the employee, his/her estate shall receive payment. An employee who is dismissed for cause shall have no claim for sick leave payment. Notwithstanding the foregoing provisions of this paragraph, an employee who may otherwise be eligible for retirement under the City Employees' Pension Plan or Federal Social Security, or who may be approaching such eligibility date, and whose purpose in leaving is to retire under either program, may utilize one-half (Y2) of his/her accumulated unused sick leave to the extent thereof to advance his/her retirement date. In that event, the employee shall execute a resignation to become effective on the date that such accumulated unused sick leave would be exhausted. Such resignation shall be irrevocable and retirement shall begin at the time such resignation becomes effective. In the interim, payment for accumulated unused sick leave shall be made as a continuation of the employee's regular bi-weekly salary (including longevity) from which all regular payroll deductions shall be made in order to preserve his/her retirement status. Accumulated unused sick leave will be charged as outlined in paragraph 5 of this section. (d) Employees retiring after the effective date of this Agreement and who are eligible to receive payments under the other provisions of this section shall be entitled to receive one-half of their accumulated unused sick leave towards early retirement; or receive a lump sum payment for one-half accumulated unused sick leave. -17- I I " 10. An employee may not uti lize his accumulated sick leave absence for absences resulting from an injury arising out of and in the course of employment, other than City employment, for which monetary or other valuable consideration is received or expected. Any employee who utilizes accumulated sick leave, or who attempts to utilize accumulated sick leave, for absence resulting from an injury arising out of and in the course of employment, other than City employment, may be terminated or suspended, as in the City's judgment, is appropriate. II. Except in the cases of injury incurred in the line of duty with the City, employees shall not be entitled to use sick leave until the completion of six (6) calendar months of continuous service following the date of original appointment. 12. The employee shall be required to submit evidence in the form of a medical certificate of the adequacy of the reasons for his/her absence during the period of time for which sick leave is granted: (a) When the illness of an employee necessitates an absence for three (3) consecutive scheduled work days or more; (b) When requested by the Department Director. 13. Requests for sick leave shall be made to the employee's department head. The employee shall have the responsibility of notifying his/her department promptly of any illness or disability. Proof of illness or disability may be reasonably required by the department head. Use of sick leave on false claims of illness, injury, or contagious disease, or falsification of proof to justify such sick leave shall be cause for dismissal. Employees failing to notify and report to the department head for three (3) consecutive days shall be considered as having resigned. 14. Whenever an employee has advance knowledge that he/she will require a sick leave of more than thirty (30) calendar days' duration, he/she shall submit a written request to his/her immediate supervisor. On approval of the supervisor and department head, the request shall be forwarded to the City Manager, for his/her approval, which must be secured prior to such leave. Each request of this nature shall be supported by evidence in the form of a medical certificate of the adequacy of the reason for such sick leave. The City Manager may require further medical reports from time to time on all sick leaves in excess of thirty (30) calendar days, B. Funeral Leave I. Each employee shall be allowed up to four (4) days funeral leave with no loss of pay and no charge against sick leave time in the event of death in the family. Death in the family shall be defined as death of a spouse, child, mother, father, -18- J I ~ grandfather, grandmother, grandchild, brother or sister of employee or employee's spouse. Additional funeral leaves for death in the family may be requested in accordance with current rules and regulations. 2. Due to a death in the employee's immediate family, each employee shall be allowed not exceeding four (4) scheduled work days at anyone time, chargeable to sick leave. The term "immediate family" as used in this paragraph shall mean step-parents, step-children, step-brothers, step-sisters, brother's wife, sister's husband, aunts, uncles, nephews, nieces and first cousins of the employee or of the employee's husband or wife. It shall also include any members of the employee's household. In the event that unusual circumstances should necessitate an absence longer than four (4) scheduled work days to accomplish the purpose for which this paragraph is designed, the employee's department head, with the prior approval of the Appointing Authority, may authorize an extension of such duration as may be necessary and proper. The request for an extension shall be sub- mitted in form and substance suitable to the department head and the Appointing Authority. To be eligible for funeral leave under either section, the employee must attend the funeral. C. Line of Duty Injury Pay The City hereby agrees to pay the following compensation to any employee injured in the line of duty in accordance with the following definitions, terms and condi- tions: I. Compensation shall be payable under this Section only with respect to disabi Iity as the result of injury to an employee where such injury is incurred in the line of duty. 2. An injury shall be deemed to have been incurred in the line of duty if and only if such injury is compensable under the Florida Workers' Compensation Law. 3. The amount of compensation paid shall be the amount required to supplement funds received from the Florida Workers' Compensation Law and any other disability or other income plan provided by the City, either by law or by agreement, to the point where the sum of the supplement herein provided and all other payments herein described equal the employee's weekly wage at the time of the injury. 4. No compensation under this Section shall be allowed for the first seven (7) days of disability; provided, however, that if the injury results in disability of more than fourteen (14) days, compensation shall be paid from the commencement of the disability. 5. The term disability as used in this Section means incapacity because of the line of duty injury to earn in the same or other employment the wages which the employee was receiving at the time of injury. -19- I I '. 6. It is the intent of this Section to provide supplemental compensation for line of duty injuries only, and this Section shall not be construed to provide compensation in the event of death or injury incurred in any manner other than in the line of duty. In the event of any dispute or disagreement concerning the interpretation of the terms of this Section, then the decisions concerning definition of those terms issued under the Florida Workers' Compensation Law shall control. 7. The maximum period for which payment may be made under this Section shall be nin~ty (90) days from the date of injury for each injury, including recurrences thereof. No payment made by the City during said period shall be charged against any sick leave which the employee may have accrued. 8. The City shall have the right to require the employee to have a physical examination by a physician of its choice prior to receiving or continuing to receive compensation under this Section. 9. Should an employee become unable to perform his job duties due to an on-the-job injury, he shall have the option of accepting a demotion or lateral transfer; provided, that an opening exists in the position to which he is demoted or transferred, and provided further that he is capable of performing the duties of that position. D. Military Leave I. Any employee who is a member of a Reserve Component or the National Guard and who is required to participate in the annual training period shall receive leave for the period (up to seventeen (17) consecutive days). This leave shall not be charged against the employee's sick leave. A copy of the employee's order certifying his/her duty assignment shall be submitted to the City Manager or his designee immediately upon receipt. 2. All other military leaves shall be subject to the applicable United States Government regulations and laws. E. Jury Duty The City shall grant leave with pay for jury duty or when an employee is subpoenaed as a witness on the following conditions: I. If an employee is excused or released by the Court before the end of his regular scheduled work day, he/she must promptly return to work. 2. He/she must bring written evidence of his/her duty service and the amount of pay received before compensation is approved. 3. As soon as he/she learns of his/her selection of jury duty, he/she must notify his/her supervisor so that arrangements may be made for his/her absence from work. -20- I I 4. In the event a holiday shall occur during the period of the employee's jury duty, he/she shall receive pay for such holiday. F. Leaves of Absence Without Pay I. Employees are allowed to take a leave of absence without pay up to a maximum of twelve (/2) months, if approved by the City Manager. 2. Upon expiration of an employee's accumulated sick leave, a leave of absence without pay for not more than three (3) months shall be granted for the employee's personal illness, at which time the case will be reviewed by the City Manager for consideration of an extension of time, if necessary. 3. F ai lure to return to work at the expiration of an approved leave shall be considered as absence without leave and grounds for dismissal, but upon timely return from leave, the employee shall be granted and given the same position or substantially similar position without loss of salary or benefits. 4. There will be no accrual of benefits or seniority during such leave. G. Time Off An employee shall or may be granted necessary time off from his duties with compensation for any of the following reasons: I. For pre-induction physical examination when so ordered by a Selective Service Board. Time off shall be granted for the minimum period necessary to comply with such order but shall in no case exceed two (2) regularly scheduled work days. 2. Attendance at professional or other conventions, institutes, courses or meetings when such attendance, in the opinion of the City Manager, may be expected to contribute to the betterment of the City service. 3. Attendance at in-service training and other in-service meetings when, in the opinion of the City Manager, such meetings are designed to improve the City services and/or the employee's performance or to prepare him for advancement. The provisions of this paragraph shall be deemed to include authorized safety meetings. 4. An employee may be granted time off without compensation for attendance at meetings other than those specified in the subsection above, or to attend urgent personal business, provided that such employee shall request approval from his department head in sufficient time to permit the latter to make arrangements therefor, and further provided that such time off will not seriously affect the efficient operation of the department. 5. With the prior approval of his department head, an employee may be granted time off from his duties for acting as an active or honorary pallbearer at a -21- I I <, funeral or for attendance at state funerals, funerals of City officials, or employees or their wives or husbands, or military or fraternal funerals when the employee is acting in an official capacity at said military or fraternal funerals. Such time off may be granted with or without compensation at the discretion of the department head and the City Manager. 6. Employees shall be released from duty without loss of pay while competing in City promotional examinations that are scheduled during duty hours. H. Union Time I. Union members shall be allowed time off with pay to attend an officially called conference, convention, or school not to exceed a total of eighteen (18) days per year, with the approval of the affected Department Head, provided that no less than one (I) weeks notice is provided. 2. Additional time off without pay for union activity will be granted with the approval of the Appointing Authority and such excused time will not exceed one week at a time. I. Maternity Leave Maternity leave is subject to sick leave restrictions and state and federal laws. -22- -., ~ I ARTICLE XI HOLlDA YS A. The following days shall be observed as holidays: New Year's Day Washington's Birthday Memorial Day Labor Day I ndependence Day Veterans'Day Thanksgiving Day Day after Thanksgiving Christmas Day Three Floating Holidays Each floating holiday may only be taken on a single work day. Floating holidays may be taken on consecutive days; but in any case the department head has discretion to refuse to allow a floater to be taken when the efficiency of the department would be impaired. No employee may utilize floating holidays until thirty (30) calendar days after their employment. Floating holidays may not be carried over from one fiscal year to another fiscal year and, if not taken, are lost; except that when a department cannot schedule or cancels a previously scheduled floating holiday due to City Work needs, the floating holiday may then be taken within sixty (60) calendar days of the new fiscal year at the mutual convenience of the department head and the employee. B. When a holiday falls on Saturday, the preceding Friday shall be designated a substitute holiday and observed as an official holiday for the year. When a holiday falls on Sunday, the following Monday shall be designated a substitute holiday and observed as an official holiday for that year. C. If a holiday falls within an employee's normal work week, and that em- ployee is not scheduled to work the holiday, the employee shall be credited for one regular day worked, solely for overtime purposes. This does not relate to standby pay. Call-backs and Call-in shall continue in accordance with current rules. D. Whenever one of the designated holidays falls on a day off for a shift employee, the department head may designate a substitute day off or the Manager may, at his discretion, authorize straight time in lieu of time off. The number of hours paid shall be calculated according to the number of hours the employee would have worked had he been scheduled to work the holiday. E. Employees who are required to work on a holiday shall receive time-and- one-half his/her regular pay for all hours worked plus holiday pay at the employee's regular rate of pay, for working Christmas Day and Thanksgiving Day, but not for working other holidays plus, effective January I, 1984 New Years Day. -23- ! I I ~ F. Employees on vacation, annual leave, jury duty, sick leave and other absences from duty but on a regular pay status on the day the holiday is observed must use the holiday on the same day that it is earned. G. An employee who does not work the work day preceding and the work day following a holiday and who is not on authorized paid absence, shall not be entitled to any compensation for the holiday. Employees who are absent from work in a non-pay status (such as an employee receiving Workers' Compensation who has exhausted the 90 day injury benefit and sick leave, leaves of absence without pay, etc.) shall not be paid for holidays falling within such periods. -24- ...... I I ARTICLE XII V ACA TIONS A. Regular full-time permanent employees shall accrue paid vacations in the following manner with the effective date of this Agreement. 1982 Vacation Schedule Seniority Date Years of Service Vacation Days 10/1/81 - /2/31/81 1/1/81 - 9/30/81 980 979 978 977 976 975 974 973 972 971 970 969 968 967 966 965 964 o 1* 2 3 4 5 6 7 8 9 10 II 12 13 14 15 /6 /7 18 and over o /0 /0 II 12 13 14 15 15 15 16 16 17 17 18 18 /9 19 20 *As of anniversary date in 1982. A maximum of twenty (20) work days vacation is earned after eighteen (18) years of service. An employee with a seniority date of 1964 or earlier shall accrue twenty (20) work days vacation as of 1/ I /82. The same vacation schedule will be continued in the second and third years of the Contract. B. In the event an employee is promoted, demoted or transferred from a full-time position to a full-time position with greater or lesser bi-weekly hours, such employee's then accrued vacation hours shall be adjusted, as appropriate, to reflect the equivalent vacation days. C. Permanent, part-time employees shall accrue five (5) days paid vacation at such time as they complete 1040 hours, exclusive of overtime. D. Regular full-time permanent employees who normally work a schedule inconsistent with the 5 day, 37-1/2 or 40 hour work schedule, shall accrue paid vacation on a schedule proportionate to "A" above. E. Upon separation of an employee from the City service for any reason other than dismissal for cause, he/she shall be paid at the time of separation for the -25- I I unused portion of vacation leave for which he/she may at that time be eligible, Such payment shall be authorized on the appropriate record of personnel action and shall not be deemed to extend his/her employment beyond the last day actually worked. F. Effective October I, 1982, and thereafter, if an employee submits a written request with the payroll sheets sufficiently in advance, the City will pay the employee in advance for his approved vacation. However, it is expressly understood by all concerned that an employee who avails himself of this benefit (as any other employee) will not be permitted to return to work prior to the end of his scheduled vacation. -26- 1 I ARTICLE XIII SENIORITY A. Seniority is defined as the length of continuous service in City employment. Seniority will continue to accrue during all types of leaves of absence with pay and other leaves where specifically provided. B. After successful completion of the probationary period which is six (6) months, seniority will revert to date of employment. Seniority shall be used as a factor in consideration for promotion. C. Employees shall lose their seniority only as a result of the following: I. Voluntary termination. 2. Retirement. 3. Termination for Cause. 4. Failure to return from military leave within the time limit prescribed by law. D. Whenever there is an opening and when there is a question as to what employee shall be allowed vacation, days off, or hours of work, where skills and qualifications are substantially equal, seniority shall be a factor. -27- I I ARTICLE XIV LA Y -OFF AND RECALL A. When Lay-Gffs May be Made An employee may be laid off by the City Manager in the manner herein provided when there is lack of work or funds, abolition of position, or material changes in duties or organization which require a reduction in personnel. No regular employee, however, shall be laid off while there are emergency, provisional, temporary or probationary employees serving in the same class in the same department. B. Method When the need arises for laying off regular employees in any department for any of the reasons enumerated in "A" hereof, the order of lay-off shall be determined by a formula taking into account both service ratings and seniority. When other qualifications are equal, seniority will govern. The provision of this and the following section are based on the premises that the services of the affected employee have been satisfactory and that he is physically and mentally capable of efficiently discharging the duties of another position in the same or lower class. C. Names Placed on Eligible List Names of regular employees who are laid off shall be placed on the re- employment list for the appropriate class for re-employment within one year thereafter when vacancies in the class occur. Names shall be placed on the re-employment list in the order of seniority. -28- I I ARTICLE XV RETIREMENT A. The City agrees to send announcements of regularly scheduled meetings of the Board of Trustees of the Employees' Retirement System to the President of the Union. B. A spokesman for the Union shall have the right to present the Union's views regarding the employees' retirement system either orally or in writing to the Advisory Committee of the Board of Trustees. C. Notification of any change of benefits in the Employees' General Pension Plan shall be given to the employees 60 days prior to any action taken. D. Vacation and Bonus to be Credited Toward Retirement I. Vacation Accumulation - Any employee, six years prior to retirement in the City Pension Plan, can begin saving and accumulating leave earned up to 50% annually toward early retirement or a cash settlement at the time of retirement. The amount of accumulation shall not exceed 16 weeks for this purpose. The employee must submit formal notification of the intent to accumulate leave expressly for this purpose and the date the employee plans to retire. If the employee elects not to retire on the day indicated by the employee, but to continue to work, 8 weeks of the accumulated leave will be held in reserve until the employee elects to retire, and cannot be used prior to the time of retirement. The remaining eight weeks shall be used by the employee during the year initially designated by him as his retirement year or sooner, otherwise the eight weeks will be forfeited. 2. Special Bonus Days After 20 Years - Upon serving a total of 20 years (consecutive) with the City, the employee shall be entitled to accumulate bonus days for the purpose of early retirement or a cash settlement only at the time of retirement which shall not exceed a total of 15 working days. This 15 days shall be included in the total of a maximum of 16 weeks described in vacation under this item and not be considered as an addition to the 16 weeks accumulated. The schedule shall be as follows: 21 years service I day 22 years service 2 days 23 years service 3 days 24 years service 4 days 25 years service 5 days I 5 days -29- " I I In the event an employee currently has an excess of 2/ consecutive years service, that employee shall begin to accumulate, based on the above schedule, beginning at the specific year he is in as shown above. The employee may continue to accumulate such days in excess of the 25-year limitation at 5 additional days per year, not to exceed the total of 15 days as previously described. E. Any sick leave taken after the effective date of this Agreement as the result of a line of duty injury shall be added back to the employee, as unused accumulated sick time at the time of retirement. This relates only to injuries and re-injuries compen- sable under Workers' Compensation. -30- I I ARTICLE XVI UNIFORMS AND RAIN GEAR A. The City agrees to provide each employee who is required to wear a uniform with five uniforms. The employee agrees to launder the uniforms. The employee wi II be issued a replacement for each uniform which becomes torn or tattered as the result of normal wear and tear, but not for a uniform which has been damaged due to the employee's abuse or negligence. The employee must return the uniform as a condition for receiving a replacement. B. The City will provide employees with adequate rain gear. Replacement of damaged rain gear shall be at the discretion of the supervisor. -31- I I ARTICLE XVII INSURANCE A. The City agrees to meet with the CWA representatives to review the health and life insurance programs for the purpose of reducing the cost of such programs for the City and the employees. The City further agrees to provide the CWA with such information as would be required to formulate such a benefit package and to cooperate with the CWA to obtain pertinent information from the present carrier. Until a benefit package is formuluated and put into operation, the City agrees to continue the current benefits. B. Unemployment Insurance The City shall participate in and provide employees with unemployment insurance as provided by law. C. Workers' Compensation Insurance The City shall participate in and provide employees with Workers' Compensation Insurance as provided by law. D. Social Security Insurance The City shall provide all necessary employer contributions for social security insurance as provided by law for those employees ineligible to participate in the City retirement program. E, Liability Insurance The City shall provide legal counsel to assist in the defense of any claim against any member of the bargaining unit, where the claim results from the employee's employment with the City and where the employee is acting within the scope of his employment, except that the City will not be obligated to defend or pay a claim based on an intentional tort. The City will indemnify, payor insure any such claim. -32- I I ARTICLE XVIII HEAL TH AND SAFETY A. The City and the Union will cooperate in establishing a joint safety com- mittee with the continued objective of eliminating accident and health hazards. This committee wi II meet monthly and wi II attempt to enforce the City's and the Union's safety program. The City wi II consider written recommendations with respect to unsafe conditions or safety ideas from the committee and will implement solutions to these conditions within thirty (30) days of the receipt of such recommendations, or shall appear before the committee and reply as to why said solutions have not been effected. The Committee will provide at the City's expense a safety manual to all City employees. B. The City wi II provide any safety equipment and devices for employees engaged in work where such special devices and equipment is necessary and required by the City. C. Employees will not suffer any position penalty nor be financially respons- ible for damage to City property occasioned by accident which is not caused by negligence - subject to review by the City Accident Prevention Board. D. The City shall maintain a cleanup room with sanitary showers for the use of all employees whose employment presents a threat to disease due to exposure to unsan- itary conditions. Reasonable time will be allowed the City to comply with this need. E. The City agrees to conduct studies and review various programs avai lable regarding discounts for safety shoes and safety lenses for glasses. F. No employee shall be required to work more than 16 hours in any day, except in an emergency. -33- I I ARTICLE XIX JOB DESCRIPTION AND CLASSIFICATION A, The City will prepare and maintain job descriptions for those job classifications covered by the employees in the unit. It is understood that the City will not rewrite job descriptions to avoid reclassifying employees to higher classifications, but in no case will this cause reduction in pay. I. The term "Class", "Classification", or "Class of Positions" means all positions which are alike in the following characteristics: (a) Having duties and responsibilities requiring like qualifications of the incumbents, including such qualifications as training, experience, capacity, knowledge, proficiency, and any other qualifications necessary for the proper performance of the work; (b) Properly filled by persons selected by the same tests of fitness; (c) Equitably compensated by the same rate or rates within a schedule of compensation; (d) Having the same provisions for specialized in-service training; and which differ from positions in other classes in one or more of the foregoing characteristics. 2. Relationship of Classes Each class of positions is to be considered in relationship to other classes in the City service in determining its grade, its proper grouping within the Position- Classification Plan and its compensation. The specification of the classes are to be read and interpreted with this relationship in mind. 3. Specifications, Descriptive and Not Restrictive The class specifications are descriptive and not restrictive. They are intended to indicate the kinds of positions which should be allocated to the several classes as determined by their duties and responsibilities, and shall not be construed as declaring what the duties or responsibilities of any position shall be, or as limiting the power of the Appointing Authority or any department head to assign duties to, and to schedule, direct and control the work of, employees under his supervision. The use of a particular expression or illustration as to duties shall not be held to exclude others not mentioned that are of generally similar kind or quality. B. Preparation and Administration of the Position-Classification Plan The Position-Classification Plan shall be kept current by continued investigation and review, including the investigation of positions as to their allocation, compensation and training needs and including any necessary City-wide surveys of positions within a single class so that the position classification plan and the pay plan shall -34- I I be integrated. The Appointing Authority assumes responsibility in the attainment of these objectives and shall make available to the Union and its authorized representatives all matters and facts necessary to the determination of questions arising in any of the personnel processes. C. Appeals from Allocations An employee, for good and sufficient reasons, may appeal for a change in classification. Such appeal shall first be submitted in writing to the department head who shall transmit it, with his recommendation, to the Appointing Authority for review as to its justification. D. In the event of the reclassification or reallocation of a position to a class of a higher level, the incumbent may be granted the same status in the new class as he had in the former class, if the following conditions have been met: I. That the reason for the reclassification or reallocation is the gradual accretion of new duties and responsibi Iities over a period of two years or more immediately preceding the effective date of said reclassification; and 2. That the accretion of duties has taken place during the incumbency of the present incumbent in said position; and 3. That the added duties and responsibilities upon which the reclassification is based could not reasonably have been assigned to any other position; and 4. That the added duties and responsibilities upon which the reclassification is based have not been previously assigned to another position of the same or lower level. -35- I I ARTICLE XX APPOINTMENTS AND EVALUATION A. All appointments to classified service shall be made on the basis of merit and fitness for the position to be determined as far as practical and possible by competitive examination under the policies and practices of the Personnel Department. Examination results will be made available for employees' inspection upon request. B. Job notices for advancement in classified service will be maintained in the personnel office and will be posted. C. The City agrees to use to the maximum extent the skills and talents of existing employees in the unit in order to achieve the resulting benefits of higher morale and reduced turnover. In filling positions in the unit, the City will give concurrent consideration to persons in and outside the unit, but all other factors being substantially equal, will fill such positions by selection from eligible candidates in the unit. This shall not preclude the City from giving promotional examinations restricted to City employees. D. Promotional Lists The names of all persons who may be lawfully appointed and who shall have attained a passing grade on any promotional or open competitive examination shall be placed on the appropriate promotional list in the order of their final grade, without regard to time of tests. The names of two or more eligibles having the same final grade shall be placed on the list by arranging the names in order of seniority in the case of a list for promotion. In the event of duplicate scores and seniority, the names shall be arranged in alphabetical order. E. Duration of Lists I. All promotional and eligible lists, whether resulting from examinations having a closing date for receipt of applications or from continuous examinations shall be established for the term and period of two (2) years from the date of the examination which established such eligibility. 2. Each name placed on a reemployment list shall remain on such list for the term and period of one (I) year from the date of resignation, withdrawal, lay-off, demotion or return from authorized leave of absence. F. Removal of Names from Lists Names of eligibles shall be removed from appropriate eligible lists by operation of any of the following: -36- .' i I I. Appointment through certification from such I ist to fi II a permanent position. Acceptance of such appointment shall, for the duration of the employment resulting therefrom, constitute a waiver of any right of certification from the list for another class at the same or lower salary level. 2. Written statement by the eligible that he is not willing to accept appointment. Such statement may be restricted to a limited period of time if based on reasons satisfactory to the Personnel Director. 3. Declination of appointment (other than temporary), if no written statement has been given by the eligible or if the period thereof has expired. Failure to respond to any inquiry of the Personnel Director regarding availability for appointment within seven (7) working days, if made by letter, or two (2) working days, if made by telegram or telephone, or to accept appointment within the same period when offered or to report for duty within a reasonable time prescribed by the Appointing Authority shall constitute a declination. 4. Separation from the City service of an employee on a promotional list. 5. Disability that prevents the eligible from performing satisfactorily the duties of the position. 6. Removal from the employment area designated by the City when such residence was required as a condition of appointment. 7. Attainment of an age in excess of that specified as the upper limit by the employment requisition, City action or the Civil Service Rules. 8. Determination by the Personnel Director that the eligible has been found to lack any of the established qualifications for the position for which he has been tested or has otherwise been found unacceptable. G. Suspension of Names from Lists Names of eligibles may be suspended from eligible lists for specified periods of time if it is ascertained that the eligible has willfully given wrong information, withheld information or evaded questions in his application in an attempt to misrepresent his employment background or character, when such misrepresentation does not materially change the eligible's acceptability for the examination, H. Types of Appointments All vacancies in the classified service shall be filled by original appointment, temporary appointment, emergency appointment, provisional appointment, seasonal appointment, promotion, reemployment, transfer or demotion. Whenever a position is to be filled by certification from an eligible list, certification shall be made first from the -37- I I reemployment list for the class to which the position is allocated, then from the promotion list if promotion be practicable, and finally from the eligible list resulting from open competitive examinations. When the Appointing Authority desires to fill a position by transfer or demotion, such action, if approved by the Appointing Authority, shall take precedence over reemployment, promotion or original appointment. In certifying from a promotional list for the filling of a vacancy in a permanent position, the Personnel Director shall certify the names of persons standing highest on the list consistent with the Rule of Five Rounded Scores. In the event that the Rule of Five Rounded Scores would result in a certification of less than Five Rounded Scores the promotional list for such class shall, at the request of the Appointing Authority, be combined with the appropriate original appointment list and certification made therefrom. I. Promotions Whenever an employee having regular status successfully competes in an open competitive examination and, as a result thereof, subsequently receives an appointment to the class for which the examination was held, such appointment shall be considered a promotional appointment and such employee shall have the same status as though the appointment had been made as the result of a promotional examination. Whenever an employee who is serving his initial probationary period successfully competes in an open competitive examination and thereafter receives an appointment to the class for which the examination was held, such employee shall not be required to resign but will be required to begin his probationary period anew. J. Order of Certification Eligibles shall be certified in strict order of standing on the eligible list, except in the following cases: I, Whenever an eligible shall have indicated that he would not accept appointment under the conditions applying to the position to be filled, his name may be passed over in certifying to fill the position. 2. Whenever a position is to be filled which requires the incumbent to be a Notary Public, certificaton shall be limited to persons who are eighteen (18) years of age or older and who can otherwise qualify for appointment as a Notary Public. 3. Whenever establishment of special qualifications for the particular position has been requested by the Appointing Authority and approved by the Personnel Director, certification shall be limited to those eligibles on the appropriate list possessing the special qualifications established. -38- I I K. Temporary Appointments I. Whenever there is need of an employee for a temporary period, not to exceed six (6) months, the Personnel Director shall certify the names of persons standing highest on the list consistent with the Rule of Five Rounded Scores, The acceptance or refusal by an eligible of a temporary appointment shall not affect his standing on the eligible list, nor shall service under a temporary appointment be counted as a part of a probationary period. 2. In the event that it is found necessary to extend the fi lling of a position by a new temporary appointment for an additional period of not more than six (6) months' duration, the Personnel Director may authorize the continuation in the position of the person appointed thereto on a temporary basis. Such extension shall not grant to the temporary employee the status or other rights of a regular employee. L. Emergency Appointments I. When an emergency makes it impossible or impracticable to fill a position in the classified service under any other provision of this Agreement and providing that an eligibility list does not currently exist for that position classification, the Appointing Authority may appoint any qualified person to such position. Any such appointment shall be immediately reported to the Personnel Director and shall not exceed ninety (90) calendar days' duration at or before which time said employee shall be laid off. In the event that, in the unanimous judgment of the appropriate department director, the Appointing Authority, and the Personnel Director, the emergency continues to exist at expiration of the aforementioned ninety (90) calendar days, the Appointing Authority may appoint any other qualified person for a like duration, providing that an eligiblity list does not exist for that position classification at such time. The same procedure shall be followed for each succeeding appointment as a separate action, not to exceed ninety (90) calendar days, and each shall be reported to the Personnel Director. In no instance shall any person receive more than one emergency appointment in anyone fiscal year, nor shall any person receive consecutive emergency appointments. 2. In the event that an emergency appointment is made for the purpose of filling a regular vacancy, the Personnel Director shall schedule an examination for the appropriate c1assfication within ninety (90) calendar days in an effort to establish a promotional or original appointment list. If an emergency appointment is made for the purpose of filling a position due to temporary absence of regular employees or because of an excessive work load expected to be of short duration, the Personnel Director shall not be required to schedule an examination for that position classification. -39- I I M. Seasonal and Temporary Part-Time Appointments Whenever a seasonal or temporary part-time vacancy is to be filled by the appointment of a seasonal or temporary part-time employee, the department head, with the approval of the Appointing Authority, may make such selection and appointment from a list furnished by the Personnel Director at the request of the affected department head. Ordinarily, though not by way of limitation, such vacancies occur in the Recreation and Marine Departments and, because of the type of personnel desired and the qualifications required, it has been demonstrated that selection can best be made on the basis of intra- departmental interviews and performance tests. -40- I I .~ ARTICLE XXI MISCELLAJ'lEOUS GENERAL PROVISIONS A. The Union will not be prevented by the City from having access to the names of all current employees in the unit and their home addresses, if available. B. Any pre-employment physical examination will be paid for by the City if such examination is required and no employee will suffer any loss of pay during the period when the examination is held during normal shift hours. C. Employees will not be required to attend career development workshops without receiving regular salary for the time the employee is in attendance. D. The City and the Union each agree to pay one-half of a reasonable cost for printing copies of this Agreement in pocket booklet form for all employees in the unit. E. On reasonable advance notice, employees shall be allowed to review their personnel fi les. F. While employees in the bargaining unit are encouraged to participate in worthwhile charity drives, no employees will be pressured by either party to this Agreement to contribute to any charity. G. Certain specific committees of the Union shall be allowed to meet during normal work hours, this time to be subject to approval by the City Manager's office. The specific committees and Union activities involved are as outlined below, but are not to include preparation for bargaining: I. Scholarship Committee - Three times per year, no more than 1-1/2 hours per meeting 2. Insurance Committee - Once a year, maximum 1-1/2 hours 3, Participation and Blood Bank - Not to exceed 1-1/2 hours per donation. H. Use of City Copying Equipment - Cost to be paid by the Union for printing of Union material. This material shall be non-controversial in nature and subject to review by the City Manager's office. I. A Tool Allowance effective October 1,1981 will be Eight Dollars ($8.00), effective October I, 1982 Ten Dollars ($10.00), and effective October I, 1983 Twelve Dollars ($12.00) per month provided for employees required to furnish their own tools. To qualify for this allowance the employee must verify in writing that at least this amount is necessary due to breakage or wear. The verification shall be submitted to the employee's immediate supervisor who shall, if proper, transmit it for payment. J. An employee in the classified service who is designated by the department director to serve in an "acting" capacity in a higher position in the classified service shall, for the period of such service in excess of twenty (20) working days, receive -41- ,- I I additional compensation determined by expressing his present base salary as a percentage of Step I of the salary range for the higher position and rounding the resulting percentage to the nearest tenth before application to the dollar difference, When applied to the dollar difference, the resulting amount shall be rounded to the nearest cent. For the purposes of this paragraph, Step I shall be deemed to be the lowest step in the higher salary range (as indicated in the current Pay Plan) which is higher than the employee's present base salary. Acting periods shall not be deemed cumulative nor shall additional compensation be retroactive beyond the twenty-first (21 st) working day of such period of service. However, to give credit for acting for periods of less than twenty (20) working days duration, an employee who has been designated by the department director to serve in an acting capacity, shall begin to receive the compensation herein provided after he has served in the acting capacity for more than sixty (60) calendar days in the fiscal year. K, The City shall establish a cash award program for employees' suggestions, if they are used, that will save the City money. L. All employees who are required to furnish their car by the City will be paid reimbursement for any mileage travelled at the rate set by law. -42- .,1. .. I I ARTICLE XXII DISCHARGE AND DISCIPLINE A. No permanent employee shall be disciplined except for just cause. B. Any written reprimand shall be furnished to the employee outlining the reason for the reprimand. The employee will date and sign the statement; however his/her signature does not imply agreement. Said reprimand will be made within a reasonable time of the employer having knowledge of the occurrence. C. A written reprimand more than two (2) years old shall not be a factor in any employment decision made by the City of Clearwater. -43- I I ARTICLE XXIII SALARY The City will prepare a salary schedule which provides: An 8% wage increase for each employee in the bargaining unit, effective October I, 1981; An 8% wage increase for each employee in the bargaining unit, effective October I, 1982; and A re-opener on this Article ("Salary") only, for fiscal year 1983-1984, subject to the provisions of Article XXIV ("Duration, Modification, and Termination"). -44- .. , I I ARTICLE XXIV DURATION, MODIFICATION AND TERMINATION A. This Agreement shall be effective as of the I st day of October, 1981, and shall continue in full force and effect until Septemer 30, 1984; except as provided in Section 2 below. At least 120 days prior to the termination of this Agreement, either party shall notify the other, in writing, of its intention to modify, amend or terminate this Agreement. Failure to notify the other party of intention to modify, amend or terminate, as hereinabove set forth, will automatically extend the provisions and terms of this Agreement for a period of one year, and each year thereafter absent notification. B. Negotiations shall be reopened on the subject of wages by written notification by either party notifying the other 120 days prior to September 30, 1983, of such desire to reopen negotiations on the subject of wages. -45- ,.'; ,. \- . ~ I ~, i ()~ IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ~ '~ day of , 1981. Mt~~L~ -City lefk _ -~ ~:..- " Approved as f&io~i} and correctness: - '1~~ !<~ Chief Assistant City Attorney Signed, sealed and delivered i~f~_~ ~.()~ ~C?~ :t;/??~ ~ ~ /' ./ -46- CITY OF CLEARWATER, FLORIDA By SI~~itJ>" City Md ager ~ Countersigned: " ;:'!'~ ; r .' oi,,'~:fj"< ,I.. ,/{,f': Mbyor:...(:omm iss ioner COMMUNICA TIONS WORKERS OF AMERICA