Loading...
AGREEMENT 1991 - 1994 . .1" 1 I AGREEMENT between CITY OF CLEARWATER, FLORIDA and COMMUmCATIONSWORKERSOFAMEIDCA FISCAL YEARS 1991-1994 C" I "If 11/ ( \ . iU- 1C7't-LAQ ... ~ I, I TABLE OF CONTENTS , PAGE PREAMBLE ARTICLE 1 RECOGNITION .......................................... 2 ARTICLE 2 GENERAL PROVISIONS .................................... 3 ARTICLE 3 RIGHTS OF EMPWYEES ................................... 4 ARTICLE 4 NO STRIKE AND OTHER UNLAWFUL ACTS . . . . . . . . . . . . . . . . . . . . .. 5 ARTICLE 5 CITY'S MANAGEMENT RIGHTS .............................. 6 ARTICLE 6 GRIEVANCE PROCEDURE .................................. 7 ARTICLE 7 UNION REPRESENTATIVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 ARTICLE 8 UNION RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12 ARTICLE 9 HOURS OF WORK AND OVERTIME . . . . . . . . . . . . . . . . . . . . . . . . . .. 15 ARTICLE 10 LEAVES OF ABSENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 17 A. Sick I..eave .......................................... 17 B. Funeral I..eave ........................................ 21 C. Line-of-Duty Injury Pay .................................. 21 D. Military I..eave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 22 E. Jury Duty .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 23 F. I..eaves of Absence Without Pay ............................. 23 G. Time Off ........................................... 24 H. Union Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25 I. Maternity /Child Care I..eave ................................ 25 ARTICLE 11 HOLIDAYS ............................................ 26 ARTICLE 12 VACATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 28 ARTICLE 13 SENIORITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 30 ARTICLE 14 LAYOFF AND RECALL ................................... 31 ARTICLE 15 RETIREMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 32 ARTICLE 16 UNIFORMS AND RAIN GEAR ............................... 33 ARTICLE 17 INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 34 ARTICLE 18 HEALTH AND SAFETY ................................... 35 . 1t I TABLE OF CONTENTS , ARTICLE 19 JOB DESCRIPTION AND CLASSIFICATION ...................... 36 ARTICLE 20 APPOINTMENTS AND EVALUATION. . . . . . . . . . . . . . . . . . . . . . . . .. 38 A. All Appointments ...................................... 38 B. Examination ......................................... 38 C. ................................................. 38 D. Promotional Lists ...................................... 38 E. Duration of Lists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 38 F. Removal of Names from Lists .............................. 39 G. Suspension of Names from Lists . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 39 H. Types of Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 39 I. Promotions........................................... 40 J. Order of Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 40 K. Temporary Appointments ................................. 40 L. Emergency Appointments ................................. 41 M. Seasonal and Temporary Part-Time Appointments . . . . . . . . . . . . . . . . .. 41 N. Probationary Periods .................................... 41 ARTICLE 21 MISCELLANEOUS GENERAL PROVISIONS ...................... 43 M. Commercial Driver's License .............................. 44 ARTICLE 22 DISCHARGE AND DISCIPLINE .............................. 45 ARTICLE 23 SALARY ............................................. 46 ARTICLE 24 DRUG AND ALCOHOL POLICY ............................. 47 ARTICLE 25 DURATION, MODIFICATION AND TERMINATION. . . . . . . . . . . . . . . .. 51 LETTER OF UNDERSTANDING ........................................ 52 APPENDIX A JOB CLASS TITLE, RANGE, STEP, HOURS PER WEEK APPENDIX B RULES FOR ADMINISTERING THE PAY SCHEDULE APPENDIX C WAGE SCHEDULE I I AGREEMENT CITY OF CLEARWATER AND COMMUNICATIONS WORKERS OF AMERICA The CITY OF CLEARWATER, FWRIDA, hereinafter referred to as the "City," and the COMMUNICATIONS WORKERS OF AMERICA, hereinafter referred to as the "Union," (PERC Registration No. 8HRA74300 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: J ARTICLE 1 RECOGNITION I The City recognizes 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: Nonprofessional employees of the City of Clearwater. Excluded: Department Heads; Division Heads; 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. B. 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 , ARTICLE 2 GENERAL PROVISIONS I 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 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 bargaining, 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 bypass 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 ARTICLE 3 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. If a charge of discrimination by an employee against the City, its officers, or representatives is filed with any appropriate State or Federal agency having jurisdiction of such charge, said employee or the Union will not file or pursue a grievance under Article 6 of this Agreement. If a grievance is pending at the time such a charge is filed, it shall be considered withdrawn. C. It is understood that the provisions of this Article embrace all rights of employees covered by all applicable laws and regulations. D. All references in this Agreement to employees of the male gender are used for convenience only and shall be construed to include both male and female employees. 4 ~ , ARTICLE 4 NO STRIKE AND OTHER UNLAWFUL ACTS I 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. 5 I ARTICLE 5 , CITY'S MANAGEMENT RIGHTS A. The City reserves, retains, and is vested with exclusively, all rights of management which have not been expressly abridged by specific provisions of this Agreement. The exclusive rights of management include, but are not limited to, the following: (a) to manage the City generally and to determine the issues of policy; (b) to determine the facts which are the basis of management decisions; (c) to determine the necessity or organization of any service or activity conducted by the City and to expand or diminish services; (d) to determine the nature, manner, means, and technology, and extent of services to be provided to the public; (e) to determine methods of financing and budgeting; (f) to determine the types of equipment and technology to be used; (g) to determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted; (h) to determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City in accordance with the practices followed prior to this Agreement; (i) to assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments; (j) to relieve employees from duties for lack of work, lack of funds or any other non-disciplinary reasons; (k) to discharge, suspend, demote, or otherwise discipline employees for just cause; (I) to determine job classifications and to create, modify or discontinue jobs; (m) to hire, transfer, promote, and demote employees; (n) to determine policies, procedures, and standards for selection and training; (0) to establish productivity programs and employee performance standards including, but not limited to, quality and quantity standards and to require that such standards be followed. (P) to maintain order and efficiency in its facilities and operations; (q) to establish and promulgate and/or modify rules and regulations and standard operating procedures; (r) to alter or vary past practice 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 the Mayor it is determined that civil emergency conditions exist or may exist, including, but not limited to, riots, civil disorders, hurricane conditions, strikes, or similar catastrophes or disorders, this Agreement may be suspended by the City Manager or the Mayor during the time of the declared emergency, provided that wage rates and other direct monetary payments shall not be suspended. Further, a discharge, suspension or demotion occurring during such emergency may be pursued as a grievance upon the termination of the emergency. The date of termination of the emergency shall be considered the first day under the grievance procedure. 6 .. I ARTICLE 6 I GRIEVANCE PROCEDURE It is the intent of this Article to provide a means for the fair, expeditious and orderly settlement of disputes that arise under this Agreement between an employee and the City. All employees and supervisory personnel should 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 without loss of wages when the absence of employees or supervisors involved is reasonable and will not, in the judgment of the Department or City, be detrimental to the work programs of the City. The City will attempt to accommodate all parties in the processing of grievances. 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 447.401 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 will advise whether the grievance is meritorious for processing, and shall be formally processed as follows: E. Normal working hours shall be 8:00 a.m. to 4:00 p.m. on normal work days which are Monday through Friday, except holidays. Step 1 Within ten (10) working days after such alleged violation is known by the grievant, the aggrieved employee and/or Union will present the grievance in writing to the employee's division head and a copy to the City Manager or his designee. The written grievance at this step, and at all steps thereafter, shall contain the information specified on the grievance forms. Forms will be made available to employees by both parties. Grievances submitted which do not contain the information required on the form shall be returned to the employee and/or Union for completion. The employee and/or Union shall be advised as to why the form is not complete. This shall not extend the 10 working day period. 7 The division head will anlmge for a meeting within five (5) wordtg days after receipt of the grievance. The grievant may have a Union representative accompany himlher to the meeting with the division head to whom the employee is responsible. Discussions shall be informal for the purpose of settling differences in the simplest and most direct manner. The division head will provide the grievant a written answer on the grievance with a copy to the Union within five (5) working days from the date of said meeting. If the grievance is not resolved at Step 1, the Union, within five (5) working days, may appeal the grievance to Step 2. Step 2 If the grievance is appealed to the department director, the department director or designee will arrange for a meeting within five (5) wotking days after receipt of the grievance. The grievant may have a Union representative accompany himlher to the meeting with the department director or designee to whom the employee is responsible. Discussion shall be informal for the purpose of settling differences in the simplest and most direct manner. The director or designee will provide the grievant a written answer on the grievance with a copy to the Union within five (5) working days from the date of said meeting. If the grievance is not resolved at Step 2, the Union may, within five (5) 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 representation such individuals as they deem necessary to develop pertinent facts. Discussion shall be informal for the purpose of settling differences in the simplest and most direct manner. Acting for the City, the City Manager or his designee shall, within twenty-one (21) calendar days, provide a written decision to the grievant after the hearings have been held with a copy to the Union. 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 twenty-one (21) calendar days from the receipt of the decision of the City Manager or his designee for an employee/Union initiated grievance or failure to resolve a City-initiated grievance as provided in Section E(9) hereof, the party requesting to arbitrate the controversy shall give written notice to the other of intent to arbitrate and shall at the same time request a list of five (5) arbitrators from the Federal Mediation and Conciliation 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 question 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 liability for back pay more than 30 days following the arbitration hearing. 8 (d) The decision of the arblrator, insofar as it is in conformance wittlparagraph "c" hereinabove, shall be final and binding on the aggrieved employee, Union and City. (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. Expenses in connection with attendance of participants and witnesses for any party shall be paid by the party producing such participants and witnesses. (f) The time limits contained herein may be extended by the mutual written consent of the parties. (g) The arbitrator shall arbitrate solely the issue presented and shall not have the authority to determine any other issues not submitted to him. (h) Any decision of the arbitrator shall not be retroactive more than 15 working days prior to the date the grievance was submitted. E. Miscellaneous 1. The parties will 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 participating 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 files. 4. No employee shall be required to discuss a written grievance if a Union representative is not present. 5. 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. In such event, one employee and/or the Union shall be designated by the group of employees to act as the grievant. 6. Grievances arising at a step other than Step 1 shall be processed in the same manner except that the grievance will be initiated with the appropriate City administrator or his designee rather than with the division head or department head. Grievances relating to suspension or dismissal shall be initiated at Step 3, however the Union shall be required to provide a copy of any such grievance submitted at Step 3 to the employee's department head. 9 I I 7. 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. 8. Where any provision of this Agreement involves responsibility on the part of the Union which, in the view of the City, is not properly being carried out, the City may present the issue to the Union as a grievance. If such grievance cannot be resolved by discussion between the City and the Union on an informal basis, the grievance shall be initiated at Step 3 of this procedure by the Assistant City Manager - Administration, or his designee, and submitted in writing to the Union President. If not resolved within twenty-one (21) calendar days following receipt by the Union of the written grievance, the City may submit the grievance to arbitration under the provision of this Article. 10 I ARTICLE 7 UNION REPRESENTATIVE t 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. This written notice shall be provided to the City Manager within 24 hours after the execution of this agreement. Written notice of the replacement of authorized Union representatives shall also be provided to the City Manager, and the City shall not recognize the designated replacement representatives until 24 hours after having received such written notice. B. Union representatives recognized by this Agreement and by the City are the Union representatives authorized by the Union pursuant to paragraph C below and communicated to the City pursuant to paragraph A. C. There shall be an average of one (1) Union representative for each City department or one (1) for each thirty-five (35) employees in the bargaining unit. No division shall be assigned more than one (1) Union representative unless the Division has more than thirty-five (35) employees, then one (1) Union representative for each thirty-five (35) employees or fraction thereof may be assigned. 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. 11 I ARTICLE 8 UNION RIGHTS I A. Check-OlT 1. The City shall deduct dues on each payday 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 similarly 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 tonthe Union. Social Security No. Signature Date 12 AUTHORIzITION TO STOP UNION DUES DEDlcnON I hereby instruct the City of Clearwater to stop deducting from my wages each pay period the current normal biweekly dues for the Communications Workers of America. I understand and acknowledge that the dues deduction will continue for the next two pays and that the actual termination of dues deduction will occur on the third (3rd) pay date from the date of my signature below. The Authorization to Stop will be provided either to the City of Clearwater or to the Communications Workers of America, Local 3179, and is to be considered by the City's Payroll Section as appropriate notice to stop this voluntary payroll deduction. Employee's Printed Name Employee's Signature Employee's Social Security Number Employee's DepartmentlDivision Date of Employee's Signature NOTE: Employee completes this form to authorize the stopping of Union Dues Deduction. This form may be submitted by the employee to either the Union (Secretary or Union Officer) OR to the Payroll Section of the City's Finance Department. If Payroll is the receiving party it will immediately forward a copy to the CW A Secretary; if the Union is the receiving party it will make a copy and forward the original to Payroll. Received by on Initial Copy made and copy or original directed to on Designate Party Date B. The Union shall have access to City conference rooms and other similar building facilities, if available, for meetings of the Union in the same manner as the general public. However, the Union shall have access to available facilities, without charge, for meetings to ratify this Agreement. C. A copy of the official City Commission agenda shall be provided to the Union. D. The Union shall be entitled to use four square feet of a designated bulletin board in each City Building or facility where the City maintains an employee bulletin board; 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 interoffice mail system. F. The Union President will be provided, on a quarterly basis, the names, and home addresses, and such other data that is readily available on the computer printout as mutually agreed to of all current employees of the City who are in the bargaining unit. The Union shall have access to such names and 13 . addresses at any time pursuant 1 public records law, subject to such clarges as may be proper in accordance with State law. G. The Union representatives shall be allowed reasonable time off without loss of pay during their regular shift hours for investigating grievances provided that, in the judgment of the Department or City, that the performance of this function by the Union representative shall in no way interrupt the normal functioning of City work assignments. The investigation of grievances by Union representatives shall not be conducted in greater than two (2) hour increments per day. The Union agrees to guard against the use of excessive time for such activities which are authorized by this Agreement. The Union representative will provide advance notice to supervision to allow planning arrangement to enable the Union representative time off for investigative activity. When a Union representative desires to contact an employee in the unit who has a complaint he/she shall first obtain permission from hislher supervisor. If permission is denied at that particular time, the Union representative will be informed of the reason for the denial. However, the denial of permission shall not be subject to the grievance procedure. The Union representative will notify hislher supervisor upon hislher return to work. The President of the Union, or the designee of the President, shall have the privileges accorded to a Union representative. 14 I ARTICLE 9 I HOURS OF WORK AND OVERTIME A. Regular Work Hours 1. 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 alter their work schedule or 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 (7-112) 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 will 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 and standby. 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 permanent part-time employee who regularly works forty (40) or more hours per week will be entitled to the same benefits as a permanent full-time employee. B. Overtime 1. All employees as outlined in the Pay Plan eligible for overtime shall receive 1-112 times the normal rate of pay for all hours worked in excess of forty (40) hours per week when ordered by managerial personnel to work overtime. Sick leave, vacation, and other time not worked shall not count as hours worked for overtime purposes. 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. 15 I C. Standby and Recall (Mutually Exclusive) I 1. Standby shall be paid at the following rates during the term of this contract. (a) Monday through Friday (b) Weekends (c) Extended Time During Holiday $ 8.00 per night $40.00 per weekend $16.00 per night Daily standby (Monday-Friday) shall begin at the end of each regular workday and shall end at the beginning of the next workday (l6-hour period). Weekend standby shall begin at what would be the normal starting time on Saturday and shall conclude at the beginning of the regular workday on Monday (48 hour period). An employee assigned to standby and who continues in standby assignment for an 8 hour extended period for a holiday shall be paid $16.00 instead of $8.00 for the standby period. 2. Recall. (Call-out). If an employee is called back to work after the employee's normal work day and returns to work, the employee shall be credited with two (2) hours' work time or the actual hours worked, whichever is greater. Time shall be computed from when the employee reports to his work location, and ceases when he leaves the work location. 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 assigning standby duty. The City shall have the right to specify requirements needed for standby, including skills, dependability and ability to report timely, 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 as required 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. The City may require evidence in the form of an excuse from a medical doctor of such injury or illness. D. Shift Differential Permanent, full-time employees (other than those on flex-time) shall be entitled to $.40 per hour shift differential pay when the majority of their regularly scheduled hours fall between 4:00 PM and 7:00 AM, regardless of the starting or ending time of the employee's shift. 16 I ARTICLE 10 I LEAVES OF ABSENCE A. Sick Leave 1. Members of the bargaining unit shall accrue sick leave in accordance with the schedule below: Scheduled Pay Sick Leave Number of Yearly Yearly Sick Hours Accrued Pay Periods Sick Leave Hours 80 5.0 24 120.0 75 4.7 24 112.8 2. Subject to the schedule contained herein, sick leave may be accumulated for each of 24 designated pay periods the employee actually works or is in full pay status, 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 no-loss of pay sick time provided, however, that the maximum sick leave accrual for employees hired prior to October 1, 1990, shall be 2400 hours. For employees hired on or after October 1, 1990, the maximum accrual of sick leave shall be 2080 hours for employees working a 4O-hour week and 1950 hours for employees working a 37-1I2-hour week. 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 layoff, 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 hislher 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, hislher subsequent sick leave accumulations shall be calculated as a new employee. 5. Under the provisions of this section, an employee may utilize hislher sick leave for absences from duty on any of hislher 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: 17 Milutes 1 -6 7 - 12 13 - 18 19 - 24 25 - 30 31 - 36 37 - 42 43 - 48 49 - 54 55 - 60 Tenths of an Hour .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 I 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 hislher 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 hislher regular working hours is impossible or unreasonable. (d) Due to illness of a member of hislher immediate family which requires hislher personal care and attention, not exceeding in anyone calendar year, the accumulated number of scheduled work hours in the employee's regular biweekly schedule. 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. Any employee absent for one of the reasons mentioned above shall inform hislher immediate supervisor as early as possible on the first day of absence consistent with the Departmental Rules. However, when an employee has advised the Department on hislher first day of absence that said absence will be of multi-day duration, the employee must call in each subsequent day within one hour before or after normal starting time. When a doctor's certificate has been provided to the Department reflecting a date the employee shall be released to return to work the employee will not be required to call in daily; however, the employee shall be required to call in during the workday preceding hislher return to work to confirm whether he/she shall return to work as scheduled. Failure to comply with requirements herein may be the cause of denial of sick leave with pay for the period of absence. 8. In the event that an employee's current illness or physical incapacity should continue beyond the point where hislher accumulated unused sick leave has been exhausted he/she may, upon written request and the approval of hislher 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, obtain a sick leave advance up to but not exceeding the amount of accumulated unused sick leave which the employee had to hislher 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: 18 (a) By the subsequent acclmulation of sick leave in the amount neJssary 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. The employee shall not be entitled to use any additional sick leave until the loan has been repaid and in the event of hislher 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 hislher 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 (112) of hislher accumulated unused sick leave, provided: (a) That the rate of payment shall be based on the regular biweekly salary of the employee (including longevity) at the time of separation for which hislher accumulated unused sick leave will be charged with twice the number of regularly scheduled hours of work for that employee in such biweekly 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 subsection, the rate of payment shall be based on the regular biweekly salary of the employee (including longevity) at the beginning ofhislher 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 layoffs followed by subsequent re-employment shall not be considered as breaks in service; provided, however, that the length of such time-off or layoff 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, hislher 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 hired prior to October 1, 1990, and 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 (112) of hislher accumulated unused sick leave to the extent thereof to advance hislher 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 biweekly salary (including longevity) from which all regular payroll deductions shall be made in order to preserve hislher retirement status. Accumulated unused sick leave will be charged as outlined in paragraph 5 of this section. 19 (d) Employees hired on Ir after October 1, 1990, and who sUbs~uently retire and who meet eligibility requirements of this section shall be eligible to be paid for one-half of their accumulated unused sick leave but shall not be entitled to use any leave time towards early retirement. 10. An employee may not utilize 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. 11. 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 hislher 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 hislher 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 hislher immediate supervisor. On approval of the supervisor and department head, the request shall be forwarded to the City Manager, for hislher 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. 15. If an employee is under a doctor's care or if a member of the employee's immediate family is under a doctor's care and the doctor certifies that the employee's personal care and/or attention is required, said time of absence shall not be considered as grounds for any discipline, provided that: (a) Personal sick leave is not used in excess of accumulated sick leave or sick leave advance as provided for in paragraph 8 of this Section; (b) Family sick leave shall not exceed that provided for in subparagraph (d), paragraph 6 of this Section; or (c) Such personal sick leave or family sick leave is approved by the Department head or, where applicable, by the Division Head. 20 16. Sick Leave Conversiol: In any full calendar year period that a 19aining unit employee uses no sick leave, the employee will be allowed to convert two (2) days of sick leave accrual to two (2) floating personal business days for use in the next calendar year. In any full calendar year period that a bargaining unit employee uses between one (1) hour and sixteen (16) hours of sick leave, the employee will be allowed to convert one (1) day of sick leave to one (1) personal business day for use in the next calendar year. For purposes of conversion, eight (8) hours shall be deemed as being equivalent to one day. The personal business day shall, however, be taken as an eight-hour day or as a ten-hour day, depending upon the daily schedule of the employee at the time of use of the personal business day. B. Funeral Leave 1. 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., grandfather, grandmother, grandchild, brother or sister of employee or employee's spouse, stepparents, and stepchildren. 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 stepbrothers, stepsisters, brother's wife, sister's husband, aunts, uncles, nephews, and nieces of the employee or of the employee's husband or wife. It shall also include any blood relative of the employee living in 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 submitted 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 1. The City will provide line-of-duty injury pay with no charge to an employee's sick leave or vacation when an employee with less than three (3) years of service is injured on the job to the extent that such employee misses scheduled work time. Such line-of-duty injury pay shall be provided for a period not to exceed ninety (90) work days during the first year of employment for each specific injury; sixty (60) work days during the second year of employment; and thirty (30) work days during the third year of employment. 21 I I 2. Line-of-duty injury pay will be provided from the first day of injury for those defmed in #1 above, however the amount paid shall be only that amount required to supplement funds received by the employee from the Florida Workers' Compensation Law and any other disability or other income plan provided by the City, to the point where the sum of all payments is equal to the employee's regular base pay at the time of injury. At such time as the employee receives hislher initial workers' compensation payment, the City shall approximate the differential needed to equal the employee's base pay and shall provide such line-of-duty injury pay to equal the employee's regular base pay rate. Any adjustment to the City's line-of-duty injury pay under this policy will be made following the employee's return to work or at the expiration of the period for which line-of-duty injury pay is provided. 3. The term injury as used in this Section means an injury which occurs on the job only when said mJury is reported on the day of occurrence and when said injury incapacitates the employee from performing hislher job because of the injury. The City shall have the right to require the employee to have a physical examination by a physician of its choice prior to payment of any compensation under this Section. 4. 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. The City shall have the right to require the employee to take a noncompetitive examination to determine if the employee is capable of performing the duties of the position he seeks to fill. 5. The City may establish such reasonable reporting requirements as it deems necessary to insure the application of the line-of-duty injury pay as herein described. 6. Line-of-duty injury pay shall not be provided to any employee after the third year of employment. D. Military Leave 1. Any employee who is a member of a Reserve Component or the National Guard and who is required to participate in active or inactive training duty shall receive leave with pay for such duty which falls on the employee's regularly scheduled work days up to a maximum of seventeen (17) work days per year without loss of seniority rights or efficiency rating. Absences from duty for military reserve training time in excess of seventeen (17) days per year shall not be compensated by the City. A copy of the employee's military orders certifying hislher training assignment shall be submitted to the Department Director immediately upon receipt. 2. An employee who is required to attend military duty training which falls or occurs during regular working hours and which exceeds the seventeen (17) days provided in #1 above will be granted time off without pay. The employee shall be required to provide timely notice of such training assignments to the City. 22 I I 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: 1. 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 hislher duty service and the amount of pay received before compensation is approved. 3. As soon as he/she learns of hislher selection of jury duty, he/she must notify hislher supervisor so that arrangements may be made for hislher absence from work. 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. 5. Leave with pay shall be granted for an employee subpoenaed as a witness except in a case in which the litigation has been initiated by the employee or in any case involving divorce, child support, or custody. F. Leaves of Absence Without Pay 1. Employees are allowed to take a leave of absence without pay up to six (6) months, if approved by the City Manager. Employees may request extensions of additional six (6) months. Approval of such extension request shall be at the judgment of the City Manager and such approval shall not be unreasonably withheld. 2. Upon expiration of an employee's accumulated sick leave and when the employee is unable to return to work, upon written request and when supported by medical documentation, a leave of absence without pay for not more than one (1) month shall be granted for the employee's continuing personal illness, at which time the case will be reviewed by the City Manager for consideration of an extension of time, if necessary, and if requested by the employee. Any such extension shall be consistent with provisions of Section F-l hereof. 3. Failure 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. During a leave of absence without payor any other non-paid leave or no-pay status of an employee exceeding two (2) weeks, the employee, if he/she desire to continue hospitalization coverage for themselves and dependents, must pay the required premiums through the office of Risk Management. Failure to pay for such continuation shall result in the loss of coverage. 23 I I G. Time Off An employee shall or may be granted necessary time off from his duties with compensation for any of the following reasons: 1. 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. Time off to Attend Funerals on Personal Basis (a) Employees who wish to attend a funeral of a City employee or official or the spouse of such employee or official may request to utilize accrued vacation time, floating holiday time, or time off without pay. Such requests may be made to the division or department director and may be approved by such authority. To the extent possible, approval shall be granted, provided, however, it is understood that operational necessities may preclude approval for a substantial number of employees. (b) An employee attending a funeral while using vacation time, floating holiday, or time off without pay is doing so on a personal basis and is not recognized as a "City representative." If the employee leaves from work to attend the funeral and/or returns to work after attending the funeral, all travel time shall be included in the vacation time, floating holiday time, or time off without pay. (c) Employees utilizing funeral leave when such leave is based on the death of a covered family member as provided by this Agreement shall be allowed time off with pay consistent with provisions of Article X, Section B-1; however, such employees are deemed off duty while on funeral leave. 6. Employees shall be released from duty without loss of pay while competing in City promotional examinations that are scheduled during duty hours. 24 I 1 H. Union Time 1. 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 (1) 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. 3. Bargaining unit members utilizing Union time off under provisions of this section shall not be eligible during the time of utilization for Worker's Compensation benefits in case of injury. I. Maternity/Child Care Leave Maternity/child care without pay to enable a parent to care for a newborn, newly adopted, or seriously ill child may be granted to an employee, upon request and documentation of need, for a period of up to six (6) months, provided, however, that if both parents are employees of the City, only one parent at a time may take maternity/child care leave. 25 I ARTICLE 11 HOLIDAYS I A. The following days shall be observed as holidays for full-time and permanent part-time employees. Emergency, provisional, seasonal, temporary, temporary part-time, and other non-full-time employees shall not receive holiday pay: New Year's Day Washington's Birthday Memorial Day Labor Day Independence Day Veterans' Day Thanksgiving Day Day after Thanksgiving Christmas Day Martin Luther King Day Permanent part-time employees shall be eligible to receive holiday pay at an amount equal to twenty percent (20%) of their normal weekly schedule as determined by the department budget. B. In addition to the designated holidays above, employees shall be entitled to up to three (3) floating holidays as herein provided. Neither the holidays designated in (A) above, nor any day for which an employee is not scheduled to work, may be selected as a floating holiday. Floating holidays shall be subject to the following requirements and conditions. 1. No employee may utilize floating holidays until sixty (60) calendar days after their employment; 2. Any bargaining unit member employed between October 1 and December 31 shall receive three (3) floating holidays to be utilized during the fiscal year of hire; any bargaining unit member employed between January 1 and March 31 shall receive two (2) floating holidays to be utilized during the fiscal year of hire; any bargaining unit member employed between April 1 and June 30 shall receive one (1) floating holiday to be utilized during the fiscal year of hire; any bargaining unit member employed on or after July 1 shall not receive any floating holidays during the fiscal year of hire. After the year of hire (fiscal year), employees shall receive three (3) floating holidays each fiscal year. 3. Floating holidays may not be carried over from one fiscal year to another and, if not taken, are forfeited, 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. 4. Floating holidays are scheduled at the mutual convenience of the employee and the department. C. When a designated holiday falls on Saturday, the preceding Friday shall be designated a substitute holiday and observed as an official holiday for the year. When a designated holiday falls on Sunday, the following Monday shall be designated a substitute holiday and observed as an official holiday for that year. D. If a holiday falls within an employee's normal work week, and that employee is not scheduled to work the holiday, the employee shall be credited for one regular day worked, solely for overtime 26 purposes. This does not relate to ~tandby pay. Call-backs and Call-in shall continue in accordance with current rules. E. 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 City 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. F. Employees who are required to work on a holiday shall receive time-and-one-half hislher regular pay for all hours worked plus holiday pay at the employee's regular rate of pay, for working Christmas Day, Thanksgiving Day, and New Year's Day, but not for working other holidays. G. An employee scheduled to work a holiday and who, without notice and valid reason therefore, in the judgment of the City, fails to report for such work, shall forfeit holiday pay as well as losing regular pay for the number of hours he/she would have worked. H. 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. I. An employee who does not work the work day preceding and the work day following a holiday or 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 injury benefit and sick leave, leaves of absence without pay, etc.) shall not be paid for holidays falling within such periods. J. Each fiscal year, regular full-time employees may elect to take one (1) floating holiday as "Personal Leave Time." One floating holiday may be broken into two blocks of four (4) hours and will be taken in 4-hour increments. 27 ~ ARTICLE 12 VACATIONS I A. Regular full-time permanent employees shall accrue paid vacations in the following manner with the effective date of this Agreement. Vacation Schedule Years of Service Vacation D~s o 0 1 * as of anniversary date 10 2 10 3 11 4 12 5 13 6 14 7 15 8 15 9 15 10 16 11 16 12 17 13 18 14 18 15 19 16 and over 20 A maximum of twenty (20) work days vacation is earned after sixteen (16) years of service. 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 biweekly 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, 37-112 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 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 hislher employment beyond the last day actually worked. F. If an employee submits a written request with the payroll sheets subject to four (4) weeks advance notice, the City will pay the employee in advance for his approved vacation. However, it is 28 expressly understood by all concelned that an employee who avails himsellof this benefit (as any other employee) will not be permitted to return"to work prior to the end of his scheduled vacation. G. If service requirements permit, an employee may, with the approval of his department director and upon forty-eight (48) hours notice, use his accrued paid vacation in daily increments. The application of this paragraph shall not be subject to the grievance procedure. 29 I ARTICLE 13 SENIORITY i 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: 1. 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 which employee shall be allowed vacation, days off, or hours of work, where skills and qualifications are substantially equal, seniority shall prevail. 30 l ARTICLE 14 I LAYOFF AND RECALL A. When Layoffs 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. B. Method When the need arises for laying" off regular employees in any department for any of the reasons enumerated in n A" hereof, the order of layoff shall be determined by a formula taking into account both service ratings and seniority. It is specifically understood that layoffs will be by classification on a City-wide basis. 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. An employee who is eligible to have his name placed on a re-employment list may, on written request and with the approval of the Personnel Director and the City Manager, have his name also placed on re-employment lists for the same or lower level requiring essentially the same or lesser qualifications within a class series or for other classes in which the employee previously had regular status. Names shall be placed on the re-employment list in the order of seniority . 31 , ARTICLE 15 RETIREMENT I 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 1. 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 12 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, one-third 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. One-third shall be used by the employee during the year initially designated by him as his retirement year or sooner, and the remaining one-third will be forfeited. 2. Special Bonus Days After 20 Years - Upon serving a total of 20 years (consecutive) with the City, an employee who was employed by the City prior to October 1, 1990, 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. No bonus days shall be provided to any employee hired by the City on or after October 1, 1990. The schedule shall be as follows: 21 years service 22 years service 23 years service 24 years service 25 years service 1 day 2 days 3 days 4 days 5 days 15 days 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 wherein wages are compensable under Workers' Compensation. 32 I ARTICLE 16 I 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 will 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. Rain gear which has worn, torn, and/or tattered through normal wear and tear shall be replaced, provided that the employee turned in the old rain gear. 33 I ARTICLE 17 INSURANCE I A. The City agrees to meet with the CW A 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 CW A with such information as it has available which would be required to formulate such a benefit package and to cooperate with the CW A to obtain pertinent information from the present carrier. Until a benefit package is formulated 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 claim other than an intentional tort. 34 I ARTICLE 18 HEALTH AND SAFETY , A. The City and the Union will cooperate in establishing a joint safety committee with the continued objective of eliminating accident and health hazards. This committee will meet monthly and will attempt to enforce the City's and the Union's safety program. The City will 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 City will provide a safety manual to all City employees. B. The City will provide any safety equipment and devices for employees engaged in work where such special devices and equipment is necessary and is specifically required by the City. Employees not utilizing safety equipment which is specifically required by, and furnished or paid for by the City, shall be subject to denial of work and/or disciplinary action. C. Employees will not suffer any position penalty nor be financially responsible for damage to City property occasioned by accident which is not caused by negligence - subject to review by the City Accident Review Board. D. The City shall continue to maintain a cleanup room with sanitary showers for the use of all employees whose employment presents a threat of disease due to their exposure to unsanitary conditions in those areas where it is currently doing so. If the Union believes that new locations or areas exist which they feel should have cleanup rooms with sanitary showers for use by employees, they shall advise the City at a quarterly meeting and the City shall initiate a review of the need. E. The City agrees to periodically review the availability of discount programs for safety shoes and safety lenses for glasses in an effort to provide discount programs through third parties for employees who wish to purchase safety equipment not required and provided by the City. F. No employee shall be required to work more than 16 hours in any day, except in an emergency . 35 I ARTICLE 19 , JOB DESCRIPTION AND CLASSIFICATION A. The City prepares and maintains 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 to incumbents. 1. 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 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. 36 I 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 Personnel Director for review as to its justification. If the Personnel Director fmds merit in the appeal, he shall recommend to the Appointing Authority an appropriate change in class. The decision of the Appointing Authority is final and binding. D. In the event of the reclassification or reallocation of a position to a class of a higher level, the incumbent shall be placed in the higher job class without competitive examination if the following conditions have been met: 1. That the reason for the reclassification or reallocation is the gradual accretion of new duties and responsibilities 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. If the above conditions have been met, the employee's placement shall be treated as a promotion. E. When it is planned to reclassify a job which will result in the position being removed from the bargaining unit, the Union President will be notified and given an opportunity to provide input and comments. 37 I ARTICLE 20 , APPOINTMENTS AND EV ALUA TION A. All appointments to positions in the bargaining unit 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 Human Resources Department. Examination results will be made available for employees' inspection upon request. B. Examination announcements for job classes for which competitive exams are utilized in the bargaining unit will be prepared by the Human Resources Department and mailed to each City Department for posting at least ten (10) work days prior to the filing deadline, except that examination announcements shall not be required for promotional exams for advancement consideration in an Apprentice Program which has been established by the City: 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. Provided, however, probationary employees shall move from the open list to permanent promotional list upon initial certification and upon written request by the employee. 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 1. 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 (1) year from the date of resignation, withdrawal, layoff, demotion or return from authorized leave of absence. 38 I F. Removal of Names from Lists I Names of eligibles shall be removed from appropriate eligible lists by operation of any of the following: 1. Appointment through certification from such list to fill 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 or designee 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. 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 bargaining unit 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 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 39 in a certification of less than Five Itounded Scores the promotional list for lch 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 or Certification Eligibles shall be certified in strict order of standing on the eligible list, except in the following cases: 1. 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, certification shall be limited to persons who can 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. K. Temporary Appointments 1. 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 filling 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. 40 I L. Emergency Appointments I 1. When an emergency makes it impossible or impracticable to fill a position in the bargaining unit 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 via an Emergency Appointment without competitive examination. 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 the expiration of the aforementioned ninety (90) calendar days, the Appointing Authority may extend the emergency appointment for an additional ninety (90) day period. Thereafter, if the emergency continues to exist, the initial employee shall be laid off and the Appointment Authority may appoint any other qualified person for a like duration and one (1) extension. The same procedure shall be followed for each succeeding appointment as a separate action, not to exceed an initial appointment of ninety (90) calendar days, and one (1) extension if required, and each shall be reported to the personnel Director. In no instance shall any person receive more than one (1) initial emergency appointment and one (1) extension thereto 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 classification within 120 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. The Union shall be notified each month of Emergency Appointments which have been processed during the past month. 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. N. Probationary Periods 1. All persons initially employed or promoted to, or within, the bargaining unit shall have to serve a probationary period as hereinafter defined before their appointment shall be deemed to be complete. During the probationary period, management shall observe and review the employee's job performance, attendance, attitude and adherence to department and City requirements and such other factors as in the City's determination are important factors to consider with respect to continuing the employee in the position. 2. The probationary period shall consist of six (6) consecutive months or the equivalent; provided, however, that the City may extend such probationary periods for up to three (3) additional months. Permanent part-time employees shall be required to complete 1040 hours of actual work in a class which 41 has a normal full-time work schelde of 40 hours per week or of comPletinl975 hours of actual work if employed in a class which has a normal full-time work schedule of 37-1/2 hours per week, provided that in no event shall such permanent part-time employee be deemed to have completed a probationary period in less than six (6) calendar months. The City shall provide a form for employees to request certification to permanent status at the completion of the probationary period. Approval of a request for certification to permanent status by the Department Director and City Manager after submittal by the employee shall be deemed evidence of successful completion of the probationary period. Disapproval of such request shall be deemed evidence of the City's determination that the employee has not been deemed acceptable and the employee shall be separated or return to his former position as provided in subsection (6) below. 3. Time served during a temporary appointment in the same job class immediately preceding permanent employment shall be credited toward the time required to be served in the probationary period. If such permanent appointment is to a position in another department, the provisions of paragraph (4) hereunder will also apply. 4. In the event of a transfer of an employee from one department or division to another before the completion of the probationary period, the head of the department or division to which the employee is transferring shall determine at the time of transfer whether time served by the employee in the class prior to transfer shall be credited toward the time required to be served in the probationary period or whether the employee shall be required to serve a new probationary period. 5. In the event that an employee is for any reason absent from duty for an accumulated period of fifty-six (56) scheduled work hours or more prior to the completion of the probationary period, all such time off may be used to extend the prescribed probationary period. 6. If during the probationary period, or at the end of such period for a new employee, the department determines that the employee fails to meet and/or adhere to requirements or is unfit and/or otherwise unsatisfactory, said employee may be separated from the City. In such event, the City shall present to the employee reasons for such separation. In the event that the employee was a previously certified City employee (one who had already successfully completed a probationary period in another position) who was promoted, said employee shall be returned to hislher former position and shall not be separated for failure to successfully complete the probationary period; provided, however, that if such employee has committed a serious infraction which warrants dismissal under City rules and guidelines, then the employee shall be dismissed and not returned to his former position. Any newly hired employee who is separated during or at the end of the expiration of the probationary period or newly promoted employee who is returned to his former position shall have no right of appeal or grievance relating to such action. 42 I ARTICLE 21 I MIScELLANEOUS 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 files. 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 committees of the Union may be allowed to meet during normal work hours, this time to be subject to approval by the City Manager's office. Such committees and meetings shall not include preparation for bargaining. 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 advance review by the City Manager's office. I. The City will replace or repair, as appropriate, the tools of employees who are required by the City to furnish their own tools, when those tools are broken on the job or when tools are stolen from the job site and when there is a police report confirming the theft given to management. J. An employee in the bargaining unit 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 additional compensation determined by expressing his present base salary as a percentage of Step 1 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 1 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 (21st) 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 continue an awards program for employee suggestions, if they are used, that will save the City money. 43 L. All employees who are~equired to furnish their car by the City Jll be paid reimbursement for any mileage travelled at the rate set by law. M. Commercial Driver's License 1. The Commercial Motor Vehicle Safety Act passed by Congress in 1986 required each state to meet minimum standards for commercial driver licensing. In compliance with that Act, Florida law requires that commercial drivers must have a Commercial Driver's License (CDL) no later than 1992 to operate any vehicle designated as a commercial vehicle by the state. The City agrees to establish and administer a training program for employees who are in positions where they will be required to possess aCDL. 2. Employees in driving positions which require a CDL and who fail to comply with requirements of the State of Florida CDL program cahnot continue to function in their driving positions. At such time as the employee can no longer drive vehicles required in hislher job classification because ofhislher failure to comply with CDL requirements of the state, the City shall preclude the employee from driving the designated City vehicles. The employee shall have sixty (60) days in which to comply with the state CDL requirements or to obtain a transfer, demotion or promotion to a position not requiring CDL licensure. Such job change must be accomplished within the normal processes for transfer, demotion or promotion. Failure to obtain the appropriate license or, alternately, to obtain a transfer, demotion or promotion to a position not requiring the CDL shall result in the layoff of the employee. 3. For current employees hired before 4/1192 in positions which require them to possess a CDL, the City will reimburse the employee for the difference between a chauffeur's license and the basic fee to obtain the CDL the first time during the term of this Agreement and will reimburse the employee for the full cost of "endorsements" required because of the nature of the equipment operated by the employee for the City. Reimbursement will be provided upon the employee's submittal of the evidence of possession of the required CDL. 44 I ARTICLE 22 I 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 hislher 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. D. Whenever the City proposes to amend the Guidelines for Disciplinary Action, it shall provide notice and a copy of the proposed amendments to the Union at least twenty-one (21) days in advance of the next scheduled quarterly meeting, and the Union shall provide input to the City at such meeting. 45 I ARTICLE 23 SALARY , The City shall provide a 4 % wage increase for each full-time employee in the bargaining unit, effective October 1, 1991, by adjustment of the bargaining unit wage rates for fiscal year 1991-92. The City shall provide a 3 % wage increase for each full time employee in the bargaining unit, effective October 1, 1992, by adjustment of the bargaining unit wage rates for fiscal year 1992-93. The City shall provide a 3 % wage increase for each full time employee in the bargaining unit, effective October 1, 1993, by adjustment of the bargaining unit wage rates for fiscal year 1993-94. Ranges and Entry Steps shall be as reflected in Appendix A of this Agreement. A biweekly wage schedule shall be as reflected in Appendix C of this Agreement. 46 I ARTICLE 24 I DRUG AND ALCOHOL POLICY (This policy is intended to be in compliance with the Drug Free Work Place Act and any Federal Law requirements regarding the unlawful manufacturing, distribution, dispensation, use or possession of any controlled substance or illegal drug.) 1. Voluntary use of controlled substances which causes intoxication or impairment on-the-job and poses risks to the employer, the affected employee and their coworkers, is prohibited. 2. All Bargaining Unit employees will be fully informed of the employer's for cause drug testing policy before testing is administered. Bargaining Unit employees will be provided with information concerning the impact of the use of drugs on job performance. Unit supervisors will be trained to recognize the symptoms of drug abuse, impairment and intoxication. The City will permit two employees selected by the Union to attend such training class on City time. 3.1 Annual Physical - Employees in job classifications which require an annual or biannual physical may be required to submit to a drug screening as part of the annual physical examination. 3.2 No Bargaining Unit employee will be tested for drug metabolites unless there exists a reasonable suspicion that the Bargaining Unit employee to be tested is under the influence of drugs. The term "reasonable suspicion" shall, for the purposes of this Policy and Section, be defined as follows: 3.2.1 Aberrant or unusual on-duty behavior of an individual employee that is observed on-duty by the employee's immediate supervisor or higher ranking employee and confirmed by the observation of another supervisory employee, managerial employee trained to recognize the symptoms of drug abuse, impairment or intoxication (which observations shall be documented by the observers), and this may include such common signs as the following: - observed alcohol and/or drug use during working hours - unexplained work related accidents or injuries - presence of physical symptoms commonly associated with substance abuse, such as: - impairment of motor functions - slurred speech - incoherent or irrational mental state - drowsiness - smell of alcohol or marijuana - extreme weight loss - red eyes - running nose or sniffling - frequent or extreme mood changes - lack of physical coordination - Deteriorating work performance and/or attendance problems not attributable to other factors, such as: - frequent absences or lateness - unexplained absence from assigned work area - frequent or extended visits to the restroom - deterioration in dress and/or grooming - other marked, unexplained changes in personal behavior 47 3.2.2 The type of behator which is a recognized and accePtedlsymptom of intoxication or impairment caused by controlled substances or alcohol, or addiction to or dependence upon said controlled substances. 3.3 Random or mass testing is prohibited, except required by law. Other procedures may be used where required by law. Any testing required by law will be sent to the Union President, along with regulations for such implementation as required, at least twenty (20) calendar days before such regulations are implemented. No drug testing may be conducted without the written approval of the Department Director, or designee. The Department Director, or designee, must document in writing who is to be tested and why the test was ordered, including the specific objective facts constituting reasonable suspicion leading to the test being ordered, and the name(s) of any source(s), or all of this information. One (1) copy of this document shall be given to the Bargaining Unit employee before he/she is required to be tested. After being given a copy of the document, the affected Bargaining Unit employee shall be allowed enough time to be able to read and understand the entire document. Failure to follow any of these procedures shall result in the elimination of the test results as if no test had been administered. The test results shall be destroyed, and no discipline shall be levied against the Bargaining Unit employee. 4.1 When a supervisor has reasonable suspicion to believe that a Bargaining Unit employee is using, consuming, or under the influence of an alcoholic beverage, non-prescribed controlled substance (other than over-the-counter medications), and/or non-prescribed narcotic drug while on duty, the supervisor will notify the Department Director, or designee, for the purpose of observation and confirmation of the employee's condition. If the Department Director, or designee, after observing the employee, also has reasonable suspicion to believe that the employee is using, consuming, and/or under the influence of an alcoholic beverage, non-prescribed controlled substance, or non-prescribed narcotic drug while on duty, then, by a written order signed by both the employee's immediate supervisor and the Department Director, or designee, the employee may be ordered to submit to toxicology testing designed to detect the presence of alcohol, chemical adulteration, marijuana metabolites, opiates, amphetamines and phencyclidine in accordance with the procedure set forth below. 4.2 Any employee subjected to such test shall be removed from duty pending the result of such test, and such employee shall continue to receive his regular pay and benefits pending test results. 4.3 Refusal to submit to toxicology testing after being ordered to do so shall result in disciplinary action. 5. Blood and Alcohol Test Procedure. The following procedure shall apply to blood and urine tests administered to bargaining unit employees. 5.1 The employer may request urine samples except when the employee has been involved in an accident resulting in injury to himlherself, in which case a blood sample may be required. The employee, at hislher sole option, shall, upon request, receive a blood test in lieu of a urine test. Urine and blood specimens shall be drawn or collected at the laboratory, hospital or medical facility. When requested by the employee, a Union representative shall be allowed to accompany the employee to the test and observe the collection bottling, and sealing of the specimen. All specimen containers vials, and bags used to transport them, shall be sealed with evidence tape and labeled in the presence of the employee and the Union representative (if one has been requested). 48 5.2 All testing shail be dole by a laboratory certified by the State ofllOrida as a medical and urine drug testing laboratory which complies with the Scientific and Technical Guidelines for Federal Drug Testing Programs and the Standards for Certification of Laboratories engaged in Drug Abuse and Mental Health Administration of the U.S. Department of Health and Human Services and is NIDA certified. 5.3 The following standards shall be used to determine what levels of detected substances shall be considered as positive: Qryg Screening Test Confirmation Marijuana Metabolites 100 ng/ml Delte-THC Gas Chromatography /Mass Spectrometry 500 ng/ml GC/MS 500 ng/ml GC/MS l.wg 12 ng/ml GC/MS 2150 ng/ml GC/MS Amphetamines Immuno Assay 1,000 ng/ml Amphetamine Methamphetamine Cocaine Metabolites 300 ng/ml Metabolite Opiate Metabolites 3300 ng/ml Morphine 300 ng/ml GC/MS PCP 25 ng/ml PCP 1 Delta-9-tetrahydrocannabinol-9-carboxylic acid 2 Benzoylecgonine 3 25 nglml if immunoassay specific for free morphine 25 ng/ml GC/MS Intoxilizer TeSt For Alcohol Alcohol .04% Levels which are below those set above shall be determined as negative indications. 5.4 Any sample which has been adulterated or is shown to be a substance other than urine shall be reported as such. 5.5 When an employee tests positive on the screening test (i.e., a drug or drugs is/are detected,) a second test, the Gas Chromatography /Mass Spectrometry, will be run on the sample originally taken. If the second test does not detect the presence of a drug or drugs, the second test shall prevail. When a urine or blood specimen for testing is obtained from an employee by an independent medical facility selected by the City, a sufficient quantity of the specimen shall be obtained for testing by the contract laboratory and a laboratory designated by the Union or the employee. The sample shall be transmitted to the contract laboratory and to the laboratory designated by the Union or employee as soon as possible by the independent medical facility. These tests shall be made as soon as possible by the laboratories. The Union or employee shall bear the cost of its separate test. 5.6 If the results of the tests administered by the employer on the two (2) samples show that the employee, while on duty, was under the influence of or drank, smoked, ingested, inhaled or injected alcoholic beverages, non-prescribed narcotics, marijuana, cocaine, PCP, or non-prescribed amphetamines, appropriate discipline may be imposed by the employer after the following procedure has been followed: The employee shall be presented with a copy of the laboratory report before any discipline is imposed. The Union and the employee shall then have twenty-four (24) hours to present to the employer 49 any different results from the tesl>f the sample conducted by a laboratory 'elected by the Union. After considering the results of the third test performed for the Union (if presented), the employer may discipline the employee. 6. Employees who seek voluntary assistance for alcohol and substance abuse may not be disciplined for seeking such assistance. Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee's consent. Such employees shall be subject to all employer rules, regulations and job performance standards, with the understanding that an employee enrolled in such a program is receiving treatment for an illness. Results of urine and blood tests performed hereunder will be considered medical records and held confidential to the extent permitted by law. Tests shall only be performed for alcohol, chemical adulteration, marijuana metabolites, cocaine metabolites, opiates, amphetamines and phencyclidine and the laboratory shall only report on the presence or absence of these substances. 7. Over-the-Counter and Prescription Drugs An employee who has been prescribed or issued a drug, for any medical or other condition, which might in any way impair their ability to perform hislher job must immediately notify their supervisor. The employer, in consultation with appropriate medical authority, shall determine whether the individual can work while taking the medication. If it is determined that the individual is unable to perform hislher job without impairment caused by the medication, the employee will be placed on sick leave or annual leave until the condition for which such medication is being taken is no longer present, or use of the medication causing impairment has been discontinued. However, prior to placing any employee on leave, reasonable accommodation will be made to provide alternative assignments. If an employee is placed on sick leave under this paragraph, such leave shall not be considered in placing the employee on a doctor's certificate requirement until after two such incidents in a 12-month period. 50 I ARTICLE 25 l DURATION, MODIFICATION AND TERMINATION A. This Agreement shall be effective as of the 1st day of October, 1991, and shall continue in full force and effect until September 30, 1994. At least one hundred twenty (120) days prior to the termination of this Agreement, either party hereto shall notify the other, in writing, of its intention to modify, amend or terminate this Agreement. Failure to notify the other party of its intention to modify, amend or terminate, as herein above set forth, will automatically extend the provisions and terms of this Agreement for a period of one (1) year, and each year thereafter absent notification. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ~ ~ day of ~b-- ,1991. ATTEST: _' ,,'_ CITY OF CLEARWATER ',,>, /' ~~' [~":"a- -"~ ia E.-:Goudeau. C"wCle~- Approved as to.: i6iitnllfd- Cs>rr~ctness: . - WITNESSES: COMMUNICATIONS WORKERS OF AMERICA Bi/L~ U~r-- Thomas A. Diekman, C A Representative . "~;;:<~ ~J'//jIJO)o. tlfdJl>1) 51 lLEITER OF UNDERSTANDING l This letter will acknowledge on behalf of the City of Clearwater that, notwithstanding the provisions of the current collective bargaining agreement of the City and the Communications Workers of America (C.W.A.) may continue to credit ("bank") one-half ofhislher earned vacation towards early retirement or a cash settlement at retirement consistent with provisions of Article 15, Section D, of the Agreement between the City of Clearwater and the C.W.A. for Fiscal Years 1987-88, 1988-89, and 1989-90. Specifically, those provisions read as follows: " 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 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, othelWise the eight weeks will be forfeited. " Accumulation, forfeiture and use or payment for such vacation for the employee named herein shall be as provided in the provision quoted above. City of Clearwater Communications Workers of America By: By: Date: Date: 52 1 APPENDIX A JOB CLASS TITLE ,ADMINISTRA TION Public Info. Representative RANGE 46 ~DMJNISTRA TIVE SERVICES Accounting Clerk I Accounting Clerk II Accounting Clerk III Cashier I Cashier II Accountant I 38 43 48 37 42 52 Computer Infor. Services Data Entry Operator I 40 Data Entry Operator II 43 Data Proc. Trainee 38 Data Proc. Assistant 42 Computer Operator 5 2 Programmer 6 0 Microcomputer Applications. Specialst 5 7 Microcomputer. Coordinator 6 2 Microcomputer. Repair Technician 5 7 Micro. Repair Supervisor 62 Risk Manaeement Safety Specialist 60 Utility Customer Support Customer Service Representative 46 Sr. Customer Service Representative 48 Customer Service Supervisor 5 7 Utility Finance Supervisor 57 Meter Reader I 4 3 Meter Reader II 4 6 Chief Meter Reader 5 4 Account Collector 5 0 Customer Support Specialist 48 my CLERK Central Records Specialist 5 3 City Clerk Technician 42 1 STEP I 1 I I I I I I I I I I I I I 1 I I I I I I I I I I 1 1 1 HRS/WK. 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 40.0 40.0 40.0 40.0 37.5 37.5 37.5 1 , JOB CLASS TITLE RANGE STEP CLERICAL Clerk 2 8 I Communications Assistant 3 6 I Offset Duplicating Equipment Oprt. I 40 I Offset Duplicating Equipment Oprt. II 46 I Telephone Receptionist 3 7 I Graphics Communication Supervisor 57 I Graphics Specialist 4 7 I Staff Assistant I 3 7 I Staff Assistant II 44 I Service Dispatcher 45 I Senior Service Dispatcher 4 8 I Stores Clerk 3 8 1 Storeskeeper 48 I CONSTRUCTION & MAINTENANCE Equipment Operator I 3 9 2 Equipment Operator II 46 I Heavy Equipment Operator 5 0 I Welder Apprentice 45 I Welder I 4 9 I Welder II 54 I FIRE Life Hazard Safety Inspector I 5 4 Life Hazard Safety Inspector II 5 8 Fire Apparatus & Equipment Mechanic 54 Fire Shop Supervisor 6 2 Fire Public Education & Info. Spec. 60 I I I I I GENERAL SERVICES Supervision Energy Technician 46 I Buildin!! & Maintenance Tradesworker I Tradesworker II Air Conditioning Technician Cabinetmaker Building & Maintenance Supervisor 45 54 54 55 60 I I I I I HRS/WK. 37.5 37.5 36,5 37.5 37.5 37.5 37.5 37.5 37.5 40.0 40.0 37.5 37.5 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 37.5 37.5 40.0 40.0 40.0 40.0 40.0 1 JOB CLASS TITLE RANGE Motor Pool Communication Technician 5 4 Chief Communication Technician 60 Mechanic I 45 Mechanic II 5 4 Mechanic III 5 7 Paint & Body Helper 45 Paint & Body Mechanic 54 Mechanic Fabricator 5 6 Fleet Operations Trainer 5 8 Fleet Production Control Coordinator 5 8 Mechanic Supervisor 60 Fleet Maintenance Shop Supervisor 62 LABOR & CUSTODIAL Custodial Worker 36 Maintenance Worker I 3 6 Maintenance Worker II 3 9 Messenger 36 LIBRARY Library Clerk 33 Library Assistant I 34 Library Assistant II 40 Library Assistant III 5 1 Library Acquisition Control Clerk 50 Librarian I 53 , STEP HRS/WK. I 40.0 I 40.0 I 40.0 I 40.0 2 40.0 I 40.0 I 40.0 I 40.0 3 40.0 3 40.0 3 40.0 I 40.0 I 40.0 I 40.0 I 40.0 I 40.0 I 37.5 I 37.5 I 37.5 I 37,5 I 37.5 I 37.5 MARINE Recreation Pier Operator 39 I 40.0 Recreation Pier Supervisor 57 I 40.0 Drawbridge Operator 37 I 40.0 Marine Facility Operator 44 I 40.0 Dockmaster * 5 1 I 40.0 Toll Facilities Supervisor 57 I 40.0 Marine Services Technician I 45 I 40.0 Marine Services Technician II 5 0 I 40.0 Marine Operations Supervisor 60 I 40.0 Beach Guard 38 I 40.0 Senior Beach Guard 42 I 40.0 Water Safety Supervisor 57 I 40.0 * Classification identified for downgrading upon separation of incumbent. 1 JOB CLASS TITLE PARKS & RECREATION Parks. Forestrv & Nursery Parks Workers Tree Trimmer Forestry Technician Groundskeeper I Groundskeeper II Spray Technician Irrigation Service Worker" I Irrigation Service Worker II Parks Supervisor Recreation Community Center Supervisor Public ReI. Specialist/Recreation Recreation Supervisor I Recreation Supervisor II Recreation Leader Recreation Specialist Senior Pool Guard Nature Park Supervisor Recreation Facilities Supervisor I Recreation Facilities Supervisor II I RANGE STEP HRS/WK. 39 I 40.0 46 I 40.0 42 I 40.0 42 I 40.0 48 I 40.0 45 I 40.0 43 I 40.0 48 I 40.0 57 I 40.0 50 I 40.0 54 I 40.0 57 I 40.0 6 0 I *** 38 I 40.0 47 I 40.0 38 I 40.0 6 0 I *** 57 I 40.0 6 0 I *** *** not restricted to hours; job classes exempt under FLSA PERSONNEL Personnel Assistant Testing Technician PLANNING & DEVELOPMENT Plannin ~ Planning Technician Planning Analyst Plans Review Technician Development Analyst Planner I Field Service Technician 41 49 1 I 37.5 37.5 44 53 60 53 61 40 I I I I 1 1 37.5 37.5 37.5 37.5 37.5 37.5 1 , ~ JOB CLASS TITLE RANGE STEP Buildine Inspection Building Permits Specialist 46 I Senior Building Permits Specialist 48 I Code Enforcement Inspector I 5 2 1 Code Enforcement Inspector II 5 5 1 License Clerk 4 2 I Redevelopment Inspector 57 I Housing Inspector I 5 7 1 Housing Inspector II 6 0 1 License Inspector I 5 0 I License Inspector II 5 7 I Building Inspector I 57 I Building Inspector II 60 I Contract Compliance Inspector 6 0 I Electrical Inspector I 5 7 I Electrical Inspector II 60 I Mechanical Inspector I 5 7 I Mechanical Inspector II 60 I Plumbing Inspector I 5 7 I Plumbing Inspector II 6 0 I Mechanical, Plumbing & Gas Inspector 6 0 I Inspections Supervisor 63 I Permits Supervisor 63 1 Gas Inspector 60 I Community Development Community Development Technician 5 3 I Housing Loan Counselor 5 5 I Equal Opportunity Intake Technician 48 I Equal Opportunity Investigator 57 I POLICE Police Transcriber 44 ~icePro~~a~ 46 Police Property Supervisor 52 Juvenile Specialist 58 Crime Analyst 5 3 Police Communication Supervisor 60 Police Communication Operator Trainee 4 6 Police Telecommunicator 4 8 Police Communication Operator 5 2 Senior Police Communication Operator 5 4 Identification Technician 5 2 Senior Identification Technician 5 8 I I I I I I I I I I I I HRS/WK. 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 I I . JOB CLASS TITLE PUBLIC WORKS En~ineerin~ Survey Assistant I Survey Assistant II Survey Party Chief Construction Inspector I Construction Inspector II Materials Tester Drafting Technician I Drafting Technician II CAD System Operator Design Drafting Technician CAD Analyst RANGE STEP 40 I 46 I 581 551 58 I 6 I I 48 I 56 I 63 I 60 I 65 I Envineerin~/Water Pollution Control W stwt. Trmt. Plant Operator-Trainee 44 W stwt. Trmt. Plant Operator C 5 0 W stwt. Trmt. Plant Operator B 5 2 W stwt. Trmt. Plant Operator A 5 4 Wstwt. Trmt. Plant-Lead Operator 60 WPC Belt Press Operator 5 0 Laboratory Technician 5 0 Senior Laboratory Technician 53 Lead Laboratory Technician 5 5 WPC/Lift Station Mechanic 5 1 I I I I 1 I I I I I Envineerin ~/En vironmen tal Environmental Inspector 57 Urban Forester 63 I I Infrastructure/Public Service Public Service Technician 4 3 Lift Stations/Motor Shop Supervisor I 5 7 Lift Stations/Motor Shop Supervisor II 60 Technical Equipment Operator 52 Tradesworker II-Public Works 54 Pump & Motor Technician 5 5 Work Controller-Infrastructure 53 Public Service Supervisor I 57 Public Service Supervisor II 60 I 1 I I I 1 I 1 I HRS/WK. 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 37.5 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 37.5 37.5 40.0 40.0 40.0 40.0 40.0 40.0 37.5 40.0 40.0 I JOB CLASS TITLE Infrastructure/VVater Water Distribution Service Worker I Water Distribution Service Worker II Water Distribution Supervisor I Water Distribution Supervisor II Meter Repair Technician I Meter Repair Technician II Meter Repair Supervisor II * Water Supply Attendant" Water Supply Operator C Water Supply Operator B Water Supply Operator A Water Supply Supervisor Traffic Eneineerine/Elec. & Trf. Electrician Helper Senior Electrician Traffic Signal Technician Electronics Technician Electronics Technician Helper Chief Traffic Signal Technician Traffic Enl!ineerine Traffic Sign & Marking Technician Parking Meter Technician Traffic Engineering Supervisor * Traffic Engineering Assistant Utilities/Gas Property Guard Gas Pipeline Welder I Gas Pipeline Welder II Gas Corrosion Technician Gas Distribution Pipefitter Helper Gas Distribution Pipefitter Gas Distribution Supervisor Utilities Service Technician I Utilities Service Technician II Gas Service Supervisor RANGE 43 52 57 60 43 52 62 44 50 52 54 60 Sil:nals 45 55 54 54 45 60 46 46 62 48 36 53 56 55 43 52 60 43 52 60 , STEP I I I I I I I I I I I I I I I I I I I I I I 2 I I I I I 3 I I 3 * position identified for downgrading upon separation of incumbent HRS/WK. 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 I I JOB CLASS TITLE RANGE STEP U til ities/Sani ta tion Sanitation Worker 4 1 I Container Maintenance Worker 45 I Scalekeeper 45 1 Sanitation Yard Maintenance Leader 43 I Sanitation Equipment Operator 48 2 Sanitation Heavy Equipment Operator 5 0 2 Sanitation Service Coordinator 5 7 I Sanitation Accounts Coordinator 5 4 I Sanitation Supervisor 60 2 Transfer Station Supervisor 60 I Sanitation Control Operator 45 I SEASONAL AND PART-TIME .lOB CLASSES .lOB CLASS TITLE SINGLE HOURLY RATE Parking Attendant Library Page Library Aide Recreation Assistant Recreation Instructor Pool Guard Beach Guard Cooperative Education Student School Crossing Guard Police Aide Seasonal Laborer Seasonal Recreation Assistant Seasonal Rec. Instructor (General) Seasonal Food Service Worker 6.5605 5.6726 + 5.6726 6.5605 ++ 8.7035 6.5605 6.5605 5.6726 8.4475 6.3743 6.3743 5.9028 7.9438 6.1200 HRS/WE. 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 40.0 +Deletes Step 2 & 3. Employees currently at a pay rate higher than the entry rate in this job class shall continue to be paid at the higher rate. ++ Deletes Steps 2 through 10. Employees currently at a pay rate higher than the entry rate in this job class shall continue to be paid at the higher rate ~ I I APPENDIX B RULES FOR ADMIMSTERING THE PAY SCHEDULE A. Gross Compensation: The ranges adopted shall be treated as gross compensation for full-time service, and pay rates for part-time work shall be based on the appropriate hourly rate for the class. B. Minimum Rate and Deviation Therefrom: The minimum rate of pay for a .class shall be paid to any person on hislher original appointment, except where demonstrated inability to recruit at the entry level justifies employment at a higher rate in the pay range. Deviations from the standard procedure shall be determined by both the Appointing Authority and the Personnel Director. C. Pay Plan Format and Merit and Longevity Step Increases: The Pay Plan shall consist of numbered pay ranges, each range having eleven (11) steps: an entry step (Step One); five merit steps (steps 2 through 6); and five longevity steps (steps 7 through 11). Merit steps shall be five percent (5%) increments per the Pay Plan schedule. Each full-time job classification shall be assigned to a pay range and an entry step. The entry step is normally Step 1 but may be a higher step for designated job classifications. Pay increases beyond Step 1 and up to and including Step 6 in any pay range are not automatic but are management review rates and may be granted only upon recommendation of the department director and approval of the Appointing Authority. Eligibility of an employee for review for within range pay increases shall be as follows: Appointment and Merit Step Review and Advancement: Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Original appointment At the end of one year of satisfactory service in Step 1 At the end of one year of satisfactory service in Step 2 At the end of one year of satisfactory service in Step 3 At the end of one year of satisfactory service in Step 4 At the end of one year of satisfactory service in Step 5 If an employee's evaluation by management is satisfactory, the approved merit pay increase shall become effective as of the date of the employee's eligibility therefore, except as provided in paragraph (D) below. Longevity Step Review and Advancement: Step 7 Step 8 Step 9 Step 10 Step 11 At the end of two years of service in Step 6 At the end of two years of service in Step 7 At the end of two years of service in Step 8 At the end of four years of service in Step 9 At the end of four years of service in Step 10 D. Merit Step Review - In1eases and Delay or Denial: Employees who receive a merit eligibility evaluation of less than Satisfactory shall not be granted a merit step advancement. Such employees shall be reevaluated after three months and if then rated satisfactory shall be granted a merit step adjustment as of that date. The effective date of the increase shall be utilized for the purpose of determining eligibility for review for advancement to the next higher step, if any. I If the initial three-month's follow-up rating is still less than Satisfactory, the employee shall be evaluated again in three months. If then rated Satisfactory, the employee shall be granted a merit step adjustment as of the end of that three-month period. The effective date of the increase shall be utilized for the purpose of determining eligibility for review and advancement to the next higher step. If the employee is rated less than Satisfactory on the second follow-up three-month's rating, no merit step advancement shall be made and the employee will be evaluated one year from the date of the initial evaluation which was less than Satisfactory. E. Promotional Increases: When an employee is promoted from one classification to a higher classification in the bargaining unit, the rate of compensation of the employee shall be fixed at the first step in the higher classification which represents a five percent (5 %) minimum increase as determined in the current Pay Plan schedule (by taking the difference between current base rate before promotion and the base rate for the same pay step two ranges higher). If an employee at the time of promotion is receiving additional compensation under the Leadworker pay provisions of this Agreement and the application of the foregoing promotional minimum increase would indicate no increase in the employee's over-all compensation, the employee's rate of compensation shall be fixed at the first step in such higher classification which represents an increase in the employee's over-all compensation at the time of promotion. F. Part-Time Employees - Pay Rates and Merit Eligibility: Part-time employees shall be paid at a rate proportionate to their hours of work or the scheduled hourly rate listed in the pay schedule. 2080 hours of actual work shall be considered the equivalent of one year for eligibility for merit review; provided, however, that the accumulation of such hours in less than one year shall not advance the normal progression eligibility date. G. Standby: Standby shall be defined as a specific requirement by management authority for an employee, in addition to his normal work week, to be continually available and to respond to work of the class at times other than during the normal work hours of hislher work unit. Night standby shall be defined as the hours beginning with the close of the normal work day for the appropriate work area and continuing until the beginning of the normal work day the following day. Friday night standby shall conclude at 7:00 a.m. on Saturday morning. Weekend standby shall be defined as the hours beginning at 7:00 a.m. on Saturday morning and continuing until the beginning of the normal work day for the appropriate work area on Monday morning. Time worked while on standby assignment shall count as hours worked for regular pay and/or overtime purposes. I , H. Callback: Callback shall be defined as the unscheduled calling back of an employee to perform needed work after the employee's regular shift ends and the employee has already left the job. Call-in shall be defined as the unscheduled call-in of an employee to perform needed work on a weekend, holiday, or other equivalent period during which the employee would not otherwise have worked. I. Added Work Time Scheduled in Advance: Time beyond an employee's regular work schedule when assigned and scheduled in advance, either as a continuation of a present shift assignment or the requirement to work on an employee's regular non-work day(s) shall not be subject to any minimum guarantee payor hours; however, all time worked shall be credited toward hours worked for regular and overtime pay purposes. J. Varied Work Week: The work week for classifications within the bargaining unit may vary and may be divided between four, five, or six days. K. Leadworker Assignment and Pay: A department director, with the prior approval of the City Manager, may assign leadworker duties to a regular employee for such period of time as will, in his opinion, serve the best interest of the City. Such assignment shall be made only when a small group of workers are, in the normal course of their duties, regularly required to work at a time and/or place without the degree of supervision which, in the judgment of the department director, is conducive to efficient performance. An employee assigned leadworker duties will be required to perform all the duties of his regular position and additionally exercise primary layout and/or supervisory functions in relation to other workers who are ordinarily classified the same as the leadworker, accepting commensurate responsibility for group performance. For the period of such assignment the leadworker shall be paid an additional biweekly amount representing five percent (5 %) as determined in the current pay schedule (by taking the difference between the employee's current base rate and the base rate for the same pay step two ranges higher.) L. Half-Step Increase Elimination: The previously existing practice of providing a one-half step increase for certain laboring categories (Sanitation Worker, Maintenance Worker, Custodian, and Messenger) after they complete their initial probationary period will no longer be applied to employees hired on or after October 1, 1991. Computer printout to be provided. I I APPENDIX C WAGE SCHEDULE