AGREEMENT 1999 - 2002
AGREEMENT
between
CITY OF CLEARWATER, FLORIDA
and
COMMUNICATIONS WORKERS OF AMERICA, Local 3179
FISCAL YEARS
1999-2000
2000-2001
2001-2002
TABLE OF CONTENTS
ARTICLE #
TITLE
PAGE #
Preamble......................................................................................... 1
Article 1
Recogni tion .................................................................................... 1
Included & Excluded Members .... ............ ............... ............... ...... ........... .... 1
Managerial & Confidential Employees ....................................................... 1
Article 2
Representatives of Parties...... .......... ........... ...................... ......... .... 2
Article 3
Rights of Parties. .................... ............................... ........... .............. 3
City's Management Rights ............... ........... ...................... ................... .........3
Union Rights................................................................................................... 4
Emergency Conditions.................................................................................. 6
Impact Bargaining.......................................................................................... 6
Article 4
No Strike .................... ............ ........... ............ ...................... ........... 7
Article 5
Labor/Management Cooperation ................................................. 7
Article 6
Grievance Procedure ..................... ......... ........................... ............. 8
Definition........................................................................................................ 8
Steps................................................................................................................. 9
Arbitration ...... ................ .............. ........ ..... ............. .... .................. ..... ....... ....10
Article 7
Personnel Practices ........... .............. .......... ............................ ........11
Regular Work Hours ..... .............. ...... ...... ........... ..... .................................... 11
Appointments & Promotions ........... .............. ................................ ........... 12
Probationary Periods ...................... ... ............. .............. .... ..... ........... ........... 14
Health & Safety ............................................................................................ 15
Article 8
Leaves of Absence ...... ............. .......... ............... ............................ .16
Designated Holidays ..... ................ ............. ............... ...... ................ .............16
Floating Holidays .. ......... .......... ... ........ .... ............ ....... ..................... .............18
Vacation ................ ..... ... ....... ................... ......... ............................ ........... ...... 19
Sick Leave..................................................................................................... 21
Funeral Leave............................................................................................... 26
Line-of- Duty Injury ..... ....... ... ..... ........ .... .......... .......... ......... ..... ........ ........... 27
Military Leave ... .... ..... ........... .............. ........... .... ........... .......... ... ............ .......28
Jury Duty.. .......... ............. .................. ............. .......... ..... ................ .... ..... .......28
.A.drninistra tive Leave................................................................................... 29
Leaves without Pay........ .......... .... ...... ..... ........... ..................... .... .... ......... .... 29
Other Time Off......... ........................ ................ .................. .................... .....30
Union Time........... ............ ............... ..... ....... ............... ...................... .... ........ 30
TABLE OF CONTENTS
Article 9
Wages & Compensation ..... ....... .... ..... .................. ................ ...... ..31
Salary..... ......... ....................... ........ ..... ................... ....... ........ ........ ..... ........ .....31
Overtime ....................................................................................................... 32
Standby & Recall......... ....... ..... ................ ........ .................. ....... ...... ......... ..... 32
Shift Differential....... .............. .......... ............................... ..... ......... ....... .... ...33
Acting Pay..................................................................................................... 33
Training Differential..... ............................................................................... 33
Leadworker Pay....... ...... .... ......... ................ ..... ........ ........... ......... .... .......... ...33
Assignment Pay Differential.. .......... .............................. ........ ... ..... .......... ...34
Uniforms & Rain Gear....... ............. ........................... .... ...... ........ ........ .......34
Replacement/Repair of T ools....................... ........ ........... ......... ...... ........... 34
Career Development Workshops... ................................ ...... ........ ........ ..... 34
Mileage........................................................................................................... 35
Commercial Drivers License...................................................................... 35
Article 10
Insurance...................................................................................... 35
Article 11
Performance & Discipline ........................................................... 36
Article 12
Drug & Alcohol Policy................................................................. 36
Article 13
Retirement.................................................................................... 40
Article 14
Seniority, Layoff, and Recall.........................................................41
Seniority......................................................................................................... 41
Layoff. ............................ ......... ............ ..... ............................ ......... ............ .... 42
Article 15
Duration, Modification, & Termination...................................... 43
Appendix A
Alphabetical Listing of Represented Classifications...................... i
Appendix B
Pay Range Tables....... ........ ......... ................... .......... ......... ............. v
PREAMBLE
The CITY OF CLEARWATER, FLORIDA, hereinafter referred to as the "City", and
COMMUNICATIONS WORKERS OF AMERICA LOCAL 3179, 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, do hereby agree as follows:
ARTICLE 1
RECOGNITION
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 (See Appendix for listing of
included job classifications).
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.
Section 1.
Managerial Employees
"Managerial Employees" as defined in Section 447.203, Florida Statutes (Chapter 74-100), are
employees who 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.
Section 2.
Confidential Employees
"Confidential Employees" as defined in Section 447.203, Florida Statutes (Chapter 74-100), are
employees who act in a confidential capacity to assist or aid managerial employees as 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.
Section 3
General Provisions
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 pennitted by law, but all other provisions applications
of this Agreement shall continue in full force and effect.
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.
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 detennines and settles all matters of collective bargaining for and during its term
except as may be specifically otherwise provided herein.
Section 4 A City or Department rule, regulation, policy or procedure now in existence in
conflict with this Agreement shall be resolved by modification of such rule, regulation, policy or
procedure to be compatible with this Agreement.
ARTICLE 2
REPRESENTATIVES OF PARTIES
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. 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.
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/her designees.
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ARTICLE 3
RIGHTS OF PARTIES
Section 1. 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.
Section 2. The City and the Union will not discriminate against employees in the unit
because of race, color, creed, sex, age, natural origin, physical handicaps, sexual orientation, 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 flied 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.
Section 3. It is understood that the provlslons of this Article embrace all rights of
employees covered by all federal, state, county and city laws and regulations.
Section 4.
City's Management Rights
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 detennine the issues of policy;
B. to determine the facts which are the basis of management decisions;
C. to detennine the necessity or organization of any service or activity conducted by the City and
to expand or diminish services;
D. to detennine the nature, manner, means, and technology, and extent of services to be provided
to the public;
E. to detennine methods of fmancing and budgeting;
F. to detennine 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 detennine 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;
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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;
L. 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;
O. 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 otherwise take such measures as the City may determine to be necessary to the orderly and
efficient operation of its various operations, functions and services;
Section 5.
Union Rights
A. Check-Off The City shall deduct dues twice per month 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 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 30 days prior to the effective date of such change.
Notwithstanding anything herein to the contrary, any authorization for dues deduction may be
cancelled by the employee upon 30 days written notice to the City and to the Union.
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.
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.
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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 pennissible 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 or upon request, 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 addresses at any time pursuant to public records
law, subject to such charges 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, 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 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 arrangements 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 pennission from his/her supervisor. If
pennission is denied at that particular time, the Union representative will be informed of the
reason for the denial. However, the denial of pennission shall not be subject to the grievance
procedure. The Union representative will notify his/her supervisor upon his/her return to
work. The President of the Union, or the designee of the President, shall have the privileges
accorded to a Union representative.
H. There shall be an average of one Union steward for each City department or one for each 35
employees in the bargaining unit. No division shall be assigned more than one Union
representative unless the Division has more than 35 employees, then one Union steward for
each 35 employees or fraction thereof may be assigned.
1. The City shall pennit the Union to make a presentation to all new bargaining unit members at
the City new employee orientation. Subject matter of the Union presentation and any Union
materials to be distributed must be approved by the City Manager or his/her designee.
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Section 6.
Miscellaneous
A. Shared Cost of Printing Agreement -- 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.
B. Review of Personnel File
review their personnel meso
On reasonable advance notice, employees shall be allowed to
C. Participation in Charity Drives -- Employees are encouraged to participate in charity drives.
However, no employees will be pressured by either party to this Agreement to contribute to
any charity.
D. Union Committees -- 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.
E. 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 or his/her designee.
Section 7. If in the sole discretion of the City Manager or the Mayor it is detennined 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.
Section 8.
Impact Bargaining
The City and Union agree to bargain the impact of the exercise of Management Rights to
change wages, hours or terms and conditions of employment of any person covered by this
Agreement. The City will notify the Union of any proposal that may affect wages, hours or terms and
conditions of employment prior to implementation. The Union will notify the City in writing, within a
reasonable amount of time~ of the specific impact and the intent of the Union to bargain the impact of
the change. The proposal shall not be implemented until resolution is reached. The City and the
Union will then negotiate those impacts. In the event of an impasse on said bargaining, the parties
may proceed to call for a Special Master.
Both the City and the Union, upon mutual agreement, endorsed in writing, may waive Special
Master and proceed directly to the City of Clearwater Commission for final and binding resolution of
the issues.
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ARTICLE 4
NO STRIKE AND OTHER UNLAWFUL ACTS
Section 1. The parties specifically incorporate herein the provisions of Florida Statutes
447.505,447.507, and 447.509.
Section 2. 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 tenninated in accordance with said Statutes. In addition, liability shall
attach to such individual employee as well as the Union if the provisions of this section are violated.
Section 3. 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.
ARTICLE 5
LABOR/MANAGEMENT COOPERATION
The Union recognizes and supports the concept of a Labor-Management Committee to
address city-wide employee concerns that are not specifically provided for by contract provisions and
to improve labor-management communications. Such a committee shall be established, to be
composed of six representatives selected by the Union and six representatives selected by the City who
shall serve for at least one year. Resource people, visitors, and a facilitator if necessary may attend
Committee meetings upon mutual agreement of the Union and the City. Rules and operating
procedures of the Committee shall be established and may be changed by mutual agreement of the
City and the Union.
The Labor-Management Committee shall not be intended to bypass the grievance procedure.
The Committee shall have advisory powers only but may propose standard policies and procedures to
be followed city-wide, however decision making responsibility shall continue to remain with line
management of the City and with line officers of the Union. If such recommendations are adopted by
the City Manager, they shall not be applied to bargaining unit employees if they are in conflict with the
provisions of the CWA contract. In addition to the Labor-Management Committee, 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 hours at straight time.
The City will make available up to $5,000 per fiscal year for expenses of the Committee. The
expenditures of any such funds made available by the City will require the mutual agreement of the
City and the Union.
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ARTICLE 6
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 the Union and/or 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.
Section 1. 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. Entrance 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.
A class-action grievance may be filed by the Union if an action or dispute directly affects more
than one bargaining unit employee. A class-action grievance may begin at Step 3.
Section 2. 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 Union and/or employee's right to flie a grievance within the time limits
contained herein, nor shall compliance affect the ultimate resolution of the grievance.
Section 3. 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 employees'
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 Head or City Manager or City Manager's
designee, be detrimental to the work programs of the City. A grievant may be accompanied by a
Union representative at any time during the grievance procedure. The City will attempt to
accommodate all parties in the processing of grievances.
Section 4. If an employee selects the grievance procedure, as hereinafter set out under this
Agreement, it is specifically understood that said employee has exercised his/her option granted by
Florida Statutes 447.401 and cannot thereafter process his/her complaint under any Civil Service
appeal procedure. Any employee presenting a grievance shall be referred to a Union representative
after which the Union will advise whether the grievance is meritorious for processing, and shall be
formally processed in accordance with the steps outlined below. When the City is informed by the
Union that it is representing an employee in the grievance process, the City shall not deal directly with
the employee throughout the process except at the employee's specific written request. The Union
shall be afforded the opportunity to be present at the resolution or detenrunation of any grievance
involving a bargaining unit member.
Normal working hours shall be 8:00 a.m. to 5:00 p.m. on normal work days which are Monday
through Friday, except holidays.
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Step 1
Within 15 working days after such alleged violation is known by the grievant, the Union and/or
aggrieved employee will present the grievance in writing to the employee's division head and a copy to
the City Manager or his/her 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 Union and/or employee for completion. The Union and/or employee shall be advised
as to why the form is not complete. This shall extend the required time for submittal of the grievance
to 15 working days from the time that the grievance is returned.
The division head will arrange for a meeting with the Union and/or grievant within five
working days after receipt of the grievance. A grievant may have a Union representative accompany
him/her 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 Union and/or the grievant with a written answer on the grievance within
five working days from the date of said meeting.
If the grievance is not resolved at Step 1, the Union and/or grievant, within ten 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 with the Union and/or grievant within five working days after receipt of the
grievance. A grievant may have a Union representative accompany him/her 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 Union and/or grievant with a written answer on the grievance within five
working days from the date of said meeting. If the grievance is not resolved at Step 2, the Union
and/ or grievant may, within ten working days, appeal the grievance to Step 3.
Step 3
If the grievance is appealed to the City Manager or his/her designee, the City Manager or
his/her designee will arrange for a meeting with the Union and/or grievant within 10 working days of
receipt of the grievance. Both the City and the Union and/ or 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/her designee shall, within 21 calendar days, provide a written decision
to the Union and/or grievant after the hearings have been held. If the Union and/or grievant is not
satisfied with the disposition of the grievance at Step 3, the grievance may be submitted to arbitration.
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Step 4 -- Arbitration
A. Within 30 calendar days from the receipt of the decision of the City Manager or his/her
designee for a Union/employee initiated grievance or failure to resolve a City-initiated grievance
as provided in Section 5, Miscellaneous, subparagraph "I", 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 arbitrators from the Federal Mediation and Conciliation
Service.
B. Within 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/her decision, shall confine his/her decision to the controversy in question and
he/she 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.
D. The decision of the arbitrator, insofar as it is in conformance with paragraph "C" herein above,
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
detennine any other issues not submitted to him/her.
H. Any decision of the arbitrator shall not be retroactive more than 15 working days prior to the
date the grievance was submitted.
Section 5.
Miscellaneous
A. The parties will cooperate in the investigation of any grievance, providing all pertinent
information as may be requested for the processing of a grievance.
B. No reprisals of any kind shall be taken against any party in interest participating in the grievance
procedure.
C. 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.
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D. No employee shall be required to discuss a written grievance if a Union representative is not
present.
E. 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, the Union
and/ or one employee shall be designated by the group of employees to act as the grievant.
F. 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/her 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.
G. 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/she 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.
H. Where any provision of this Agreement involves responsibility on the part of the Union that, 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 Deputy City Manager, or his/her designee, and submitted in writing to the Union President.
If not resolved within 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.
1. The time limits of a grievance at any level may be extended by mutual consent of the parties.
ARTICLE 7
PERSONNEL PRACTICES
Section 1.
Regular Work Hours
A. The regularly scheduled work week of the employees in the bargaining unit will be from 12:01
a.m. Saturday to midnight Friday, and will consist of the number of hours set forth opposite the
respective class titles in the Official Pay Plan.
B. 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 1S-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
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to accrue and otherwise utilize this time in any other manner. In the event an employee's
weekly schedule is other than 5 eight hour work days, or 5 seven-and-one-half hour work days,
rest break times may be adjusted proportionately to permit the equivalent rest time on a weekly
basis as employees on the standard work schedule.
C. When an employee is required by the Department Director to attend training or job-related
workshops, such time spent shall be counted as hours worked.
D. Whenever practical, each employee will be granted two days off per week, exclusive of
overtime. Each full-time employee and any part-time employee requesting such will be granted
at least one day off per week, exclusive of overtime and standby.
E. 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 hours will be
deemed reasonable notice.
F. The work week for classifications within the bargaining unit may vary and may be divided
between four, five, or six days.
G. Time-clock reporting employees will neither be docked pay nor be paid overtime for the first
six minutes (1/10 hour) before or after starting and stopping times.
Section 2.
Appointments & Promotions
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 competitive exams will be provided to each City Department
for posting at each appropriate work location at least 10 work days prior to the filing deadline.
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.
-12-
E. Duration of Lists -- All promotional eligible lists shall be established for a period of two years
from the date of the examination unless otherwise established by the Human Resources
Department.
F. Removal of Names from Lists -- 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.
2. Declination of Appointment: Failure to respond to any inquiry of the Human Resources
Director regarding availability for appointment.
3. Separation from the City service of an employee on a promotional list.
4. Disability (in accordance with the Americans with Disabilities Act) that prevents the eligible
from perfonning satisfactorily the duties of the position.
5. Determination by the Human Resources Director that the eligible has been found to lack
any of the established qualifications for the position.
G. Types of Appointments -- All vacancies in the bargaining unit shall be filled by appointment,
as determined by the Appointing Authority and the Director of Human Resources. Action
plans more than two years old shall not be considered as factors in any employment decision
involving an existing employee.
H. Promotions -- Whenever an employee having regular status successfully competes in an open
competitive examination and receives an appointment to the class for which the examination
was held, such appointment shall be considered a promotional appointment.
1. Order of Certification The Human Resources Director shall detennine the order of
certifications which may be by test score, alphabetically, by special qualification or as otherwise
determined appropriate.
J. Temporary and Emergency Appointments
1. Whenever there is need of an employee for a temporary period, not to exceed one year, the
Human Resources Director shall certify the names of persons on the list. The acceptance
or refusal by an eligible of a temporary appointment shall not affect his/her standing on the
eligible list.
2. When it is impossible or impracticable to fill a position providing that an eligibility list does
not currently exist for that position classification, the Appointing Authority and the Human
Resources Director may appoint any qualified person to such position via an Emergency
Appointment without competitive examination.
-13-
3. In the event that an emergency appointment is made for the purpose of filling a regular
vacancy, the Human Resources 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 Human Resources 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.
K. Probationary Periods
1. All persons initially employed or promoted to, or within, the bargaining unit shall have to
serve a probationary period. 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 detennination are
important factors to consider with respect to continuing the employee in the position.
2. The probationary period shall consist of six consecutive months or the equivalent;
provided, however, that the City may extend such probationary periods for up to three
additional months. Permanent part-time employees shall be required to complete 1040
hours of actual work in a class which has a normal full-time work schedule of 40 hours per
week or of completing 975 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 calendar months.
3. Detenrunation that the employee has not successfully completed the probationary period
shall be made by the City. The promotional probationary employee shall be returned to the
employee's former position provided there is no cause for dismissal. The entrance
probationary employee shall be separated from employment.
4. 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 in the same Department and the same division.
5. In the event that an employee is for any reason absent from duty for an accumulated period
of 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 a promotional probationary employee has committed a serious infraction which warrants
dismissal, then the employee shall be dismissed and not returned to his/her former
position.
-14-
7. 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/her fonner
position shall have no right of appeal or grievance relating to such action.
L. Job Classification Appeals
An employee, for good and sufficient reasons, may appeal for a change in classification. Such
appeal shall be submitted to the department head first who shall send it, with his/her
recommendation, to the Human Resources Director for review as to its justification. If the
Human Resources Director finds merit in the appeal, he/she shall recommend to the City
Manager an appropriate change in class. The decision of the City Manager is final and binding.
Section 3.
Health & Safety
A. The City and the Union will cooperate in establishing a sub-committee of the
Labor/Management Committee with the continued objective of eliminating accident and health
hazards. This committee will meet on a regular basis and may make written recommendations
to the City regarding unsafe conditions or ideas for City safety. The City will consider written
recommendations from the committee and will implement solutions to these conditions where
practicable or shall appear before the committee or provide a written response as to why said
solutions are not practicable-
B. The City will provide any safety equipment and devices for employees engaged in work where
such special devices and equipment are necessary and are 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.
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 Labor-Management 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.
-15-
ARTICLE 8
LEAVES OF ABSENCE
Section 1.
Holidays
A. Designated Holidays
The following days shall be observed as designated holidays for full-time and permanent part-time
employees.
New Year's Day
Martin Luther King Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
Note: Emergency, provisional, seasonal, temporary, temporary part-time, and other non-full-time
employees shall not receive holiday pay.
1. Permanent part-time employees shall be eligible to receive holiday pay at a prorated amount
based on 20% of the weekly average of the employee's annual budgeted hours.
2. When a City designated holiday falls on Saturday, the preceding Friday shall be designated a
substitute holiday and observed as the official holiday for the year for non-shift employees.
When a City designated holiday falls on Sunday, the following Monday shall be designated a
substitute holiday and observed as the official holiday for that year for non-shift employees.
All designated holiday pay considerations are applicable to the designated holiday.
3. Designated holidays which fall on an employee's regularly scheduled work day shall count
as hours actually worked for the purposes of calculating overtime. The City shall not
arbitrarily adjust work schedules to preclude a designated holiday from falling on an
employee's regularly scheduled work day. The City shall pay overtime at the rate of time-
and-one-half for all hours actuallY worked in excess of 40 hours in anyone work week.
Hours for which an employee is paid as a result of floating holidays, sick time, vacation and
similar periods of nonproductive time shall not be considered as time worked for the
purpose of computing overtime pay, except as otherwise provided in this Agreement.
4. Employees who are required to work on a designated holiday shall receive time-and-one-
half his/her regular pay for all hours actually worked on the holiday plus holiday pay at the
employee's regular rate of pay.
5. An employee scheduled to work a designated 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.
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6. Employees on vacation, annual leave, jury duty, sick leave and other absences from duty but
on a regular pay status on the day the designated holiday is observed must use the holiday
on the same day that it is earned.
7. An employee must work or be in a paid status on his/her regularly scheduled work day
immediately preceding and on his/her regularly scheduled work day immediately following
a holiday to 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.
8. If an employee calls in sick when scheduled to work, the employee shall receive holiday pay
(eight hours for the 5/8 employee and 10 hours for the 4/10 employee) and shall not be
charged sick leave.
9. Pay Procedures for Designated Holidays
a) Procedure when holiday falls on employee's scheduled work day but employee
takes the day off: Pay eight hours holiday pay for the 5/8 shift and 10 hours holiday
pay for the 4/10 shift. Both types of employees are paid for 40 hours -- a standard
work week minus one work day plus one day holiday.
b) Procedure when holiday falls on employee's scheduled work day and employee
works the day: Employees on the 5/8 shift receive eight hours of holiday pay and
employees on the 4/10 shift receive ten hours of holiday pay. Employee is paid time-
and-one-half for hours actually worked on the designated holiday.
c) Procedure when holiday falls on employee's scheduled work day and employee
works overtime (time beyond the normal daily schedule of the employee):
Employees on the 5/8 shift receive eight hours of holiday pay and employees on the
4/10 shift receive ten hours of holiday pay, plus time-and-one-half for all hours actually
worked on the holiday.
d) Procedure when holiday falls on employee's scheduled work day and employee
takes part of the day off: Employees on the 5/8 shift receive eight hours of holiday
pay and employees on the 4/10 shift receive ten hours of holiday pay. Employee is paid
time-and-one-half for hours actually worked on the designated holiday.
e) Procedure when holiday falls on employee's regularly scheduled day off:
Employee may elect to receive holiday pay which will not count as hours actually
worked for the purpose of calculating overtime (eight hours for the 5/8 shift and ten
hours for the 4/10 shift) in addition to regular hours scheduled for the week; or may
elect to designate as a holiday his/her regularly scheduled work day which immediately
precedes or immediately follows the City designated holiday within the same pay week,
in which case the hours for holiday pay would count as hours actually worked for the
purpose of calculating overtime.
-17-
B. Floating Holidays
In addition to the designated holidays above, employees shall be entitled to up to three floating
holidays per payroll calendar year. Permanent part-time employees shall be eligible to receive
floating holidays at a prorated amount based on 20% of the weekly average of the employee's
annual budgeted hours. Floating holidays may be utilized in full-day increments only. Floating
holidays do not count as hours worked for the purpose of calculating overtime.
1. Designated holidays or any day an employee is not scheduled to work may not be selected as
a floating holiday.
2. Floating holiday requirements for new hires are as follows:
a) No employee may utilize floating holidays unti160 calendar days after their employment.
b) Any bargaining unit member employed between January 1 and March 31 shall receive
three floating holidays to be utilized during the calendar year of hire.
c) Any bargaining unit member employed between April 1 and June 30 shall receive two
floating holidays to be utilized during the calendar year of hire.
d) Any bargaining unit member employed between July 1 and September 30 shall receive
one floating holiday to be utilized during the calendar year of hire.
e) Any bargaining unit member employed on or after October 1 shall not receive any
floating holidays during the calendar year of hire.
3. Floating holidays may not be carried over from one calendar 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 60 calendar days of the new calendar year. An employee may not request any
carryover of floating holiday time.
4. Floating holidays are scheduled at the mutual converuence of the employee and the
Department.
5. Upon an employee's separation from the City, the employee will receive a lump sum
payment at the current base rate of pay for his/her remaining floating holiday balance or if
retiring may use such balance to advance the date of retirement.
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Section 2
Vacation
A. Vacation Accrual For 37.5 Hour Employees
Years of Service
Biweekly Accrual Vacation Days
o
1 * as of anniversary date
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16 and over
2.885 0
2.885 10
2.885 10
3.173 11
3.462 12
3.750 13
~039 14
4.327 15
4.327 15
4.327 15
4.615 16
4.615 16
4.904 17
5.192 18
5.192 18
5.481 19
5.769 20
Vacation Accrual For 40-Hour Employees
Years of Service Biweekly Accrual Vacation Days
o
1 * as of anniversary date
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16 and over
3.077
3.077
3.077
3.385
3.692
4.000
4.308
4.615
4.615
4.615
4.923
4.923
5.231
5.538
5.538
5.846
6.154
o
10
10
11
12
13
14
15
15
15
16
16
17
18
18
19
20
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B. Maximum amount of vacation leave that may be accumulated is 240 hours.
C. The vacation year shall be the payroll calendar year.
D. Vacation time will accrue on a biweekly basis and will be pro-rated according to hours in a paid
status.
E. The borrowing or advancing of vacation leave prior to its accrual is prohibited.
F. An employee must be employed for six months prior to requesting the use of vacation time.
G. New employees who fail to complete the entrance probationary period are not paid for any
accrued vacation leave.
H. All employees must be granted a minimum of two weeks' vacation per calendar year if properly
requested by the employee in accordance with Department vacation selection procedures.
Vacation leave may not be carried in an amount above the vacation cap. If vacation leave in
excess of the cap is not taken, it is forfeited, except when a Department cannot schedule or
cancels previously scheduled vacation time due to City work needs. The canceled vacation time
must then be taken within 60 calendar days of the scheduled vacation date. No other granting
of any carryover of vacation time above the vacation leave cap is pennitted.
1. A period shall be established for the purpose of vacation selection, known as a vacation pick.
This period shall be the last two work weeks in the month of January each year. All employees
will have the opportunity to submit their vacation requests up to the number of days that the
employee currently accrues annually for that calendar year only. Management will review these
requests and determine their staffing requirements. Management will grant the requests that do
not interfere with the operations of the City. If more than one person requests vacation that
conflicts with staffing needs of the City, the conflict will be decided on the basis of City
seniority. After the end of January, any request for vacation shall be based on "first come, first
serve". Seniority of a bargaining unit member shall not be used to revoke vacation leave or
other time off for which a department has granted prior approval to another bargaining unit
member with less seniority.
J. 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.
K. Permanent, part-time employees shall have vacation accrual prorated each payroll period based
on the actual hours in a paid status.
L. Regular full-time permanent employees who normally work a schedule inconsistent with the 5-
day, 37-1/2 or 40 hour work schedule, shall accrue paid vacation on a schedule proportionate
to Section 1 above.
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M. Upon separation of an employee from the City service, he/she shall be paid at the current base
rate of pay at the time of separation for the unused portion of vacation leave for which he/she
may at that time be eligible, or if retiring may utilize such remaining vacation leave balance to
advance the date of retirement.
N. If service requirements pennit, an employee may, with the approval of his/her Department and
upon 48 hours notice, use his/her accrued vacation in increments of tenths of an hour. The
application of this paragraph shall not be subject to the grievance procedure.
Section 3.
Sick Leave
A. Sick Leave Accrual
1. Employees shall accrue sick leave each payroll period based on hours in a paid status.
Employees assigned to a 40-hour work week shall accrue 3.693 hours of sick leave on a
biweekly payroll basis. Employees assigned to a 37.5 hour work week shall accrue 3.462
hours of sick leave on a biweekly payroll basis. Note: Employees earn 12 days per payroll
calendar year.
2. Permanent part-time employees shall be eligible to receive sick leave at prorated amount
based on hours in a paid status.
B. Sick Leave Accrual Caps
Employees may accumulate up to 1560 accrued hours.
C. Sick Leave Balance Transfers and Restoration
1. Sick leave balances are restored to an employee recalled from layoff or returned from a
leave of absence.
2. Sick leave balances remain the same upon transfer to another Department or classification.
3. Sick leave balances are converted to equivalent days if an employee changes classification to
that_with a different hourly work week (i.e., 40-hour work week to 37-1/2 hour work week
and vise versa).
4. No sick leave balances are restored after a break in service. An employee will have a break
in service if the employee is rehired by the City six months after the date of resignation or
retirement or one year after a layoff. Authorized leaves of absence, suspensions,
reinstatements after disability retirement or dismissal, and layoffs of less than one year will
be counted as continuous service and shall not be a break in service.
D. Calculation for Use of Sick Leave
1. Sick leave may be authorized in increments of tenths of an hour.
-21-
E. Authorized Use of Sick Leave
Sick Leave usage shall be authorized for the following absences:
1. Due to personal illness or physical incapacity.
2. Due to exposure to contagious disease in which the health of others would be endangered
by the employee's attendance on duty.
3. Due to dental appointments, physical examinations, or other personal family sickness
prevention measures.
4. Due to illness of a member of the employee's immediate family that requires the employee's
personal care and attention. "Immediate family" shall mean parents, step-parents, children,
step-children, grandparents, grandchildren, brothers, sisters, present spouse of the employee
and the "immediate family" of the employee's spouse, or other family member in the
immediate household.
Employees shall be authorized to use Sick Leave as it is accrued. Employees may voluntarily
submit acceptable evidence such as a certificate from a medical doctor to substantiate the reason
for requesting Sick Leave, or they may in certain circumstances be required to do so by their
respective departments. A valid doctor's certificate shall be a written, typed, or printed statement
from the doctor specifying the date(s) of visit/ consultation with the doctor, the date the employee
is authorized to return to work, any conditions or limitations imposed by the doctor, and the
signature of the doctor or his/her designee. The City shall also provide a standard doctor's
certificate to employees who suffer from chronic or recurring illness which may be used to
authorize intennittent use of Sick Leave for a period up to six months, at the expiration of such the
employee shall be required to renew the certificate. The City reserves the right to substantiate the
legitimacy of any certificate submitted by an employee as evidentiary reason for the use of Sick
Leave.
Sick Leave usage shall be monitored by the City, and employees who are found to be utilizing
Sick Leave in excess of the following thresholds shall be subject to the subsequent procedures:
1. When an employee misses three consecutive regularly scheduled workdays in conjunction
with the use of undocumented sick leave (no doctor's certificate), the employee shall be
required to provide a valid doctor's certificate prior to being admitted back to work.
2. When an employee's undocumented sick leave use exceeds the amount of sick leave
accrued in a three-month period, the employee's supervisor shall counsel the employee
regarding the absences. Should the employee's undocumented sick leave total five days
in any six month period, the employee's supervisor shall work with the employee to
establish an action plan which may require the employee to provide a valid doctor's
certificate upon return to work following subsequent absences in conjunction with sick
leave use for a period of up to six months.
-22-
3. When an employee's undocumented sick leave use constitutes a recognizable pattern
occurring three times within a three month period or less, the employee's supervisor shall
counsel the employee regarding the absences. The employee may be asked to explain the
nature of the leave use in relation to the pattern. Should the employee fail to provide a
satisfactory justification of the nature of the sick leave in relation to the established
pattern, the supervisor shall work with the employee to establish an action plan which
may require that the employee provide a valid doctor's certificate upon return to work
following subsequent absences in conjunction with sick leave use which meet the criteria
of the pattern for a period of up to SLX months. The use of more than one
undocumented sick leave day which meets the established pattern following the
expiration of an action plan shall be cause for reviving the action plan. Examples of sick
leave use which may be considered to constitute a pattern of abuse shall include but not
be limited to the following: the recurring use of a sick day following a pay day; the
recurring use of a sick day preceding or following other paid days off; the recurring use
of a sick day each time the employee nears or reaches the established sick leave cap; etc.
4. When an employee has a documented chronic or recurring physical illness, injury, or
condition, the City shall provide a standard doctor's certificate to be completed by the
employee's physician which may be used to authorize intermittent use of Sick Leave for a
period up to six months, at the expiration of such the employee shall be required to
renew the certificate. Employees who utilize sick leave for a period of six months or
more may be required to undergo fitness for duty or maximum physical capacity
examination in order to determine the employee's ability to return to work in the same
job classification or whether the employee may require a reassignment upon return to
work. All such leaves shall be administered in accordance with the Family Medical Leave
Act where applicable.
F. Payment for Unused Sick Leave
1. Upon separation from the City service, an employee shall be paid for one-half of his/her
accumulated unused sick leave up to 1560 hours or may use such amount of sick leave to
advance the date of retirement. The rate of payment shall be based on the current base
hourly rate (excluding shift differential or any other addition to base pay) of the employee
on the last day worked prior to separation. The hourly rate will be adjusted in accordance
with base biweekly pay if the employee is on a work schedule other than 40 hours per week.
The employee may request that one-half the payment for unused sick leave be made at separation and one-half the payment be made in the first payroll period in the next calendar
year. The payment will be made provided:
-23-
a) The employee is retiring on City Pension.
OR
b) The separation is involuntary on the part of the employee including disability (incurred
on or off the job) and layoffs.
OR
c) The employee's estate shall receive payment if an employee dies.
OR
d) The employee is eligible to retire under Federal Social Security and has a minimum of
five years of service.
2. An employee who has been dismissed for cause shall have no claim for sick leave payment.
G. Injury from Other Employment
1. An employee may not utilize accumulated sick leave 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
absences resulting from an injury arising out of and in the course of employment, other
than City employment, may face disciplinary action up to and including termination.
H. Use of Leave After Accrual
1. Employees may be authorized to use sick leave after it is accrued. The employee may be
required to submit acceptable evidence such as a medical certificate from a medical doctor
to substantiate the reason for requesting sick leave.
1. Bonus Leave Days
1. In a payroll calendar year that a bargaining unit employee uses no sick leave, or less than
two days of sick leave, the employee will be awarded bonus leave days in accordance with
the following chart. Bonus leave days must be used in the next payroll calendar year.
Amount of Sick Leave Used
Bonus Days Awarded
Zero Time
2
More than zero time
but less than two days
1
-24-
a) A payroll calendar year begins with the first day of the first pay period for the first
paycheck date in the calendar year and ends with the last day of the last pay period for
the last paycheck in the calendar year.
b) Bonus days are not included in overtime calculations.
c) Upon an employee's separation from the City, the employee will receive a lump sum
payment at the current base rate of pay for his/her remaining sick leave incentive day
balance, or if retiring may use such balance to advance the date of retirement.
J. Sick Leave Pool
1. A leave pool will be established by members of the bargaining unit subject to the following
provlslOns:
a) The purpose of the leave pool is to provide leave to bargaining unit members who face
significant time off without pay due to a serious illness or injury, whether job-connected
or non-job-connected, or serious illness or injury to a family member covered under the
family sick leave policy. The leave pool may not be used for short time periods where
an employee may be without pay. Short time shall be defined as less than 30 calendar
days.
b) A committee shall be formed and the committee shall determine use of the leave pool
days, subject to the above purpose and limitations.
i) The committee shall consist of three members designated by the bargaining unit and
two management employees designated by the City Manager or City Manager's
designee.
ii) The committee shall review employee needs and circumstances consistent with the
provisions of the leave pool and shall determine eligibility for and the amount of
leave time that may be provided to employees.
ill) The committee may establish procedures, forms and other rules necessary for its
effective operation, provided they are consistent with the provisions of this section.
iv) The committee's decisions are final and are not subject to the grievance procedure.
Bargaining unit members may donate days one time per year from their vacation
leave, floating holiday, or sick leave balance~ at 100% value.
c) No employee shall be permitted to donate more than three days of leave per year to the
pool, unless authorized by the City Manager.
d) In the event that the leave pool becomes insufficient to provide leave days, the
committee may, with the prior approval of the City Manager or designee, open up the
opportunity for additional donations to be made during the calendar year.
-25-
e) All donations of pool leave time must be in full-day increments based on the employee's
full-time, regularly scheduled day (i.e., an 8-hour or lO-hour day is a full day).
f) Donations of pool leave time are irrevocable.
g) No dollar value shall be placed on leave donations. All donations and all authorized usage
shall be computed as day-for-day.
h) When pool leave time is authorized by the committee for use by an employee, it shall be on
a day-for-day basis, irrespective of whether the employee works a 7-1/2 hour, an 8-hour or
a lO-hour shift. An employee using leave pool time shall receive regular base pay and
his/her regular shift pay. However, other pays shall not be provided with leave pool days
(e.g., lead pay, acting pay, special assignment pay, etc.).
i) Pool leave time not used in a given year by the employee receiving the donated pool leave
time shall be returned to the leave pool and carried over to the next year. No donated pool
leave time will be refunded to the donor.
Section 4.
Funeral Leave
A. Each employee shall be allowed up to four 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, death of an employee's or employee's_spouse's child, parent, grandparent,
grandchild, brother, sister, stepparents, and stepchild. Additional funeral leaves for death in the
family may be requested in accordance with current rules and regulations.
B. Due to a death in the employee's immediate family, each employee shall be allowed not
exceeding four 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, daughter-in-law, son-in-law, aunts, uncles, nephews, and nieces of the
employee or of the employee's spouse, or other members of the immediate household. 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 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.
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C. Time Off to Attend Funerals on Personal Basis
1. 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,
sick leave incentive day 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.
2. An employee attending a funeral while using vacation time, floating holiday time, sick leave
incentive day time, 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, sick leave incentive day time, or time off without
pay.
3. 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 10, Section 2, Paragraph A. However, such employees are deemed off
duty while on funeral leave.
Section 5.
Line-of-Duty Injury
A. The term line-of-duty injury is an injury which occurs on the job only when said injury is
reported on the day of occurrence and when said injury incapacitates the employee from
performing his/her 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.
B. An employee may utilize accrued sick leave, 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 his/her initial workers' compensation payment,
the City shall allow the use of accrued sick leave needed to equal the employee's base pay. Any
adjustment to pay under this policy will be made following the employee's return to work or at
the expiration of the period for which Workers' Compensation payments are provided under
state law.
C. Should an employee become unable to perform his/her job duties due to an on-the-job injury,
he/ she shall have the option of accepting a demotion or lateral transfer; provided that an
opening exists in the position to which he/she is demoted or transferred and provided further
that he/ she 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/ she seeks to fill.
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D. An employee with less than 12 months employment who is injured on the job and is eligible for
Workers' Compensation will not be charged sick leave for any medical appointments which
occur during scheduled work hours and have been approved by Risk Management.
E. The City may establish such reasonable reporting requirements as it deems necessary to insure
the application of the Workers' Compensation Law.
Section 6.
Military Leave
A. 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 17 work
days per year without loss of seniority rights or efficiency rating. Absences from duty for
military reserve training time in excess of 17 days per year shall not be compensated by the City.
A copy of the employee's military orders certifying his/her training assignment shall be
submitted to the Department Director immediately upon receipt.
B. An employee who is required to attend military duty training which falls or occurs during
regular working hours and which exceeds the 17 days provided in Paragraph A above will be
granted time off without pay. The employee shall be required to provide timely notice of such
training assignments to the City.
Section 7.
Jury Duty
A. The City shall grant leave with pay for jury duty or when an employee is subpoenaed as a
witness on the following conditions:
1. Leave with pay will be granted for those hours spent on jury duty or in court as a witness
that fall during the employee's scheduled working hours.
2. If the time interval between the end of the employee's most recently worked shift and the
reporting time of the jury summons is less than eight hours, the employee's work schedule
will be adjusted to allow a minimum of eight hours time off prior to reporting for jury duty.
Although not mandatory, management will give consideration to employees to have the
ability to change hours for special situations pursuant to this paragraph. This section shall
apply only to jury duty.
3. Hours worked on jury duty or in court which are compensated under the provisions of this
Article shall not count as hours worked for overtime pay purposes.
4. If an employee is excused or released by the Court before the end of his/her scheduled
work day, he/ she must promptly return to work.
5. An employee must bring written evidence of jury duty service or court appearance and the
amount of pay received before compensation is approved.
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6. As soon as an employee learns of selection for jury duty, he/she must notify the
appropriate supervisor so that arrangements may be made for his/her absence from work.
7. In the event a holiday shall occur during the period of the employee's jury duty or court
appearance, the employee shall receive pay for such holiday in accordance with this
agreement.
8. 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.
Section 8
Administrative Leave
The City Manager may at his/her discretion grant employees administrative leave with pay for
their normal work shift or balance thereof when circumstances dictate that they be relieved from duty
because their services are determined to be non-essential. Employees whose services are determined
to be essential and are required to work under such circumstances shall be compensated for all hours
actually worked at the rate of time and one half. If the employee is required to work a shift which is
less than the employee's regular shift, the employee shall be paid time and one half for all hours
actually worked, and shall be granted administrative leave with pay for the remaining hours making up
the employee's regular shift. All hours actually worked shall be counted as such for the purpose of
computing overtime. Scheduled administrative leave with pay shall not be considered as hours worked
for the purpose of computing overtime. Unscheduled administrative leave with pay shall be
considered as hours worked for the purpose of computing overtime. At least forty eight hours notice
shall be considered scheduled. Employees who are on previously approved leave are not eligible for
administrative leave with pay.
Section 9.
Leaves of Absence Without Pay
A. Employees are allowed to take a leave of absence without pay up to six months, if approved by
the City Manager. Employees may request extensions of additional six months. Approval of
such extension request shall be at the judgment of the City Manager and such approval shall
not be unreasonably withheld.
B. 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 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.
C. 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.
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D. 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 weeks,
the employee, if he/she desires to continue hospitalization coverage for themselves and
dependents, must pay the required premiums to the City. Failure to pay for such continuation
shall result in the loss of coverage.
Section 10. Other Time Off
An employee shall or may be granted necessary time off from his/her duties with
compensation for any of the following reasons:
A. 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 regularly scheduled work days.
B. 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.
C. Attendance at in-service training and other in-service meetings or programs sponsored by the
City when, in the opinion of the City Manager, such meetings or programs are designed to
improve the City services and/or the employee's performance or to prepare him/her for
advancement. The provisions of this paragraph shall be deemed to include authorized safety
meetings and City-sponsored volunteer programs.
D. 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/her 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.
E. Employees shall be released from duty without loss of pay while competing ill City
promotional examinations that are scheduled during duty hours.
Section 11. Union Time
A. Union members shall be allowed time off with pay to attend an officially called conference,
convention, or school not to exceed a total of 25 days per year, with the approval of the
affected Department Director, provided that no less than one week's notice is provided.
B. Additional time off without pay for Union activity will be granted with the approval of the
Department Director and such excused time will not exceed one week at a time.
C. 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.
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D. Union time off does not count as hours worked for the purposes of calculating overtime.
E. Union time off with pay shall be granted by the City for the purposes of grievance
representation, labor management meetings, City committee meetings and contract
negotiations. Union time off with pay for contract negotiations shall be limited to five
employees (excluding the note taker) with no more than one employee per Division.
Section 12. 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 months, provided, however, that if both parents are employees of the City, only one
parent at a time may take maternity/child care leave.
Section 13 Leave Article Re-opener
The City and the Union agree that based upon a mutual agreement of the parties, this Article
may be reopened for the purposes of negotiating a change to the Vacation and Sick Leave
provisions only. If the Article is reopened for such purpose and the parties are not able to reach an
agreement, the item shall not be subject to the impasse procedure and the Article shall remain status
quo in whole and part.
ARTICLE 9
WAGES & COMPENSATION
Section 1.
classifications)
Salary (See Appendix for listing of pay grades assigned to represented job
A. Effective October 1, 1999, employees who are not at their respective pay range maximum and
who receive a rating of Satisfactory or better on their annual performance review shall be
provided with a merit pay increase equal to 4% of the employee's annual base rate of pay
effective on the date of the review for each year of the Agreement. Any portion of the increase
which exceeds the respective pay range maximum shall be paid as a lump sum.
Effective October 1, 1999 to September 30, 2000 employees who are at their respective pay
range maximum and receive a rating of Satisfactory or better on their annual performance
review shall be provided a lump sum merit bonus equal to 3% of the employee's annual base
rate of pay effective on the date of the review for the first year of the Agreement.
B. Pay Range minimums and maximums only for all classifications represented by the bargaining
unit will be increased by 2% effective October 1, 2000.
Pay Range minimums and maximums only for all classifications represented by the bargaining
unit will be increased by 2% effective October 1, 2001.
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Section 2.
Overtime
A. All employees as outlined in the Pay Plan eligible for overtime shall receive 1-1/2 times the
normal rate of pay for all hours worked in excess of 40 hours per week when ordered by
managerial personnel to work overtime. Sick leave, vacation, and other time not worked except
designated City holidays shall not count as hours worked for overtime purposes.
B. Overtime will not be assigned unfairly.
C. Any employee required to work at least three hours over his/her normal work day (consecutive
with no more than a 15 minute break at the end of the normal work day, not to include standby
or recall) will be provided $5.00 for meal money.
D. Any permanent part-time employee who regularly works 40 or more hours per week will be
entitled to the same overtime benefits as a permanent full-time employee.
Section 3.
Standby and Recall (Mutually Exclusive)
A. Standby shall be paid at the following rates during the term of this contract.
a) Monday through Friday $10.00 per night
b) Weekends $50.00 per weekend
c) Extended Time During Designated Holidays $30.00 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 (16-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 designated holiday shall
be paid $30.00 instead of $10.00 for the standby period. In addition to the above amounts, an
employee who is called out to work while on Standby duty shall be credited with one hour
work time or the actual hours worked during the entire Standby period, whichever is greater.
B. 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 hours work time or the actual
hours worked, whichever is greater. Time shall be computed from when the employee reports
on-duty, and ceases when he/ she reports off-duty.
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. 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-workday(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.
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C. 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.
D. 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/her work duties
shall be subject to discipline, except that an employee who becomes sick or injured and
immediately notifies his/her 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.
Section 4.
Shift Differential
Permanent, full-time employees (other than those on flex-time) shall be entitled to $.50 per
hour shift differential pay when the majority of their regularly scheduled hours for the work week fall
between 4:00 PM and 7:00 AM, regardless of the starting or ending time of the employee's shift.
Section 5.
Acting Pay
An employee who is assigned to work in an "acting" capacity in a higher level classification for
more than 20 consecutive calendar days shall receive acting pay retroactive to the day the acting
assignment began. The amount of pay shall be 5% higher than the employee's current base rate of
pay.
Driver Pay: Employees in the Solid Waste Department will continue to receive "driver pay"
for each day succeeding the 20th cumulative day the employee has substituted as a driver. The rate is
$7.12 per day.
Section 6.
T raining Differential
Employees who are required to provide formal training to other employees outside of what is
considered the normal scope of their job duties, and who are designated "Trainers" with an established
curriculum as determined by the Department Director, will receive 5% above their normal base pay for
any hours they are assigned to act as trainers in a formal training capacity.
Section 7.
Leadworker Assignment and Pay
A Department Director, with the prior approval of the City Manager or his/her designee, may
assign leadworker duties to a regular employee for such period of time as will, in his/her 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.
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An employee assigned leadworker duties will be required to perform all the duties of his/her
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 5% above the current base rate of pay.
Section 8
Assignment Pay Differential
A Department Director may, at his/her discretion and with the approval of the City
Manager/ designee and consent of the Union, designate a specific position or positions within a job
classification which shall be eligible to receive a 5% Pay Differential when the duties of the position
differ from others in the same classification in their difficulty, complexity, responsibility, or
hazardous nature to the extent that additional compensation is deemed warranted. Assignments to
positions may be on a rotational basis, or may be offered to employees in the respective
classification based upon City seniority, however the Department Director shall have the right to
remove any employee from such assignment in conjunction with an action plan if performance is
deemed unsatisfactory.
Section 9
Uniforms and Rain Gear
A. The City agrees to provide each full-time employee who is required to wear a uniform with five
uniforms. Permanent part-time employees who are required to wear a uniform shall be issued a
pro-rated number as determined necessary by the hiring department based on scheduled
hours/ days of work per week. The City agrees to provide, at the employee's election, either
100% cotton or cotton blend uniforms of at least 60% cotton to employees who are required
to wear 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 is worn, torn, and/or
tattered through normal wear and tear shall be replaced, provided that the employee turned in
the old rain gear. Employees may use umbrellas instead of rain gear as appropriate to the job
classification.
Section 10 Replacement/Repair of Tools
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.
Section 11
Career Development Workshops
Employees will be paid their regular salary for the time the employee attends career
development workshops.
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Section 12 Mileage
All employees who drive their own vehicle for City business will be paid reimbursement for any
mileage traveled at the rate set by Florida Statute.
Section 13. Commercial Driver's License
A. Employees in driving positions which require a CDL and who fail to comply with requirements
of the State of Florida CDL program cannot continue to function in their driving positions. At
such time as the employee can no longer drive vehicles required in his/her job classification
because of his/her 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
thirty (30) 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.
B. The City will reimburse employees for the cost of any CDL and endorsements required by the
City, provided the employee has submitted evidence of possession of the CDL in good
standing and has not had any in-service vehicle accident or moving traffic violations since
his/her last license was issued.
Section 14. Parking
The City will make an effort to provide parking for all employees.
ARTICLE 10
INSURANCE
Section 1. The City agrees to meet with the CW A representatives as necessary 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.
Section 2. The City agrees to continue the payment of 100% medical insurance premiums
for employees for the duration of this Agreement. Additional coverage for the family or spouse will
continue to be paid for by the employee. The health insurance stabilization fund will continue to be
used to offset increases in health insurance premiums.
Section 3. The City agrees to continue to pay the premiums for group life insurance valued
at a minimum of $2,500 per employee.
Section 4. Unemployment Insurance: The City shall participate ill and provide
employees with unemployment insurance as provided by law.
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Section 5. Workers' Compensation Insurance: The City shall participate in and provide
employees with Workers' Compensation Insurance as provided by law.
Section 6. 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.
Section 7. 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/her
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.
ARTICLE 11
PERFORMANCE AND DISCIPLINE
Section 1.
No employee shall be disciplined except for just cause.
Section 2. The City and the Union will continually review the Performance & Behavior
Management Program (PBMP) at mutually convenient time periods in a cooperative manner.
Section 3. Whenever the City or the Union proposes to amend any policy affecting the
discharge and discipline of unit employees, the City or the Union shall provide notice and a copy of the
proposed amendments to the other party at least 21 days in advance of a meeting. The Union and the
City shall meet to reach consensus on any proposed changes.
ARTICLE 12
DRUG AND ALCOHOL POLICY
(This policy is intended to conform to the Drug Free Work Place Act and to be in compliance
with any Federal Law requirements regarding the unlawful manufacturing, distribution, dispensation,
use or possession of any controlled substance or illegal drug.)
Section 1. Voluntary use of controlled substances which cause intoxication or impairment
on the job and poses risks to the employer, the affected employee and their coworkers, is prohibited.
Section 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 "vill permit
two employees selected by the Union to attend such training class on City time.
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Section 3.
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.
Section 4.
City's Anti-Drug Policy and Alcohol Policy
A. The City's Anti-Drug Policy and Alcohol Policy delineate drug test procedures. Revisions
governing testing standards and job classification specifications shall be made as revisions to
laws or regulations of state or federal government or agencies deem permissible. Union
representatives will be furnished with copies of the policies upon revision.
B. Reasonable Suspicion Testing. Any bargaining unit employee may be tested for drug
metabolites if there exists a reasonable suspicion that the bargaining unit employee to be tested
is under the influence of drugs or alcohol. The term "reasonable suspicion" shall, for the
purposes of this Policy and Section, be defined as follows:
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
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2. The type of behavior which is a recognized and accepted symptom of intoxication or
impairment caused by controlled substances or alcohol, or addiction to or dependence
upon said controlled substances.
C. No reasonable suspicion 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 copy of this document shall be given to the
bargaining unit employee before he/she is required to be tested.
1. 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.
2. 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.
3. 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 confmnation 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. 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/her regular pay and benefits pending
test results.
5. Refusal to submit to toxicology testing after being ordered to do so shall result ill
disciplinary action.
6. A "reasonable suspicion" test result indicating the employee is under the influence of
alcohol or indicating the use of illegal drugs or controlled substances while on duty (when
taken without a prescription issued to the employee or without being under the care of a
physician or being taken other than in complete conformance to the prescription) will result
in the employee being required to attend and complete a detoxification, alcohol or drug
abuse program approved by the City. The employee shall be allowed to use sick leave in
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accordance with this agreement for absence from duties to attend any such appropriate
program. Should the employee not have sufficient accumulated sick leave to use for this
purpose, the employee shall be granted a leave of absence without pay to attend said
program. After completion of any detoxification program, the employee shall be subject to
three random drug tests anytime during a twelve-month period after completion of
detoxification. A positive test on any of these three tests will subject the employee to
discharge.
D. Random Drug Testing. Employees in job classifications which require a Commercial Drivers
License or which are "safety sensitive" are subject to random drug and alcohol testing.
Additional job classifications may be revised as laws or regulations of the federal or state
government deem permissible and will be published in the City's Policies.
E. Blood and alcohol testing procedures are administered in accordance with Title 49 Code of
Federal Regulations and are outlined in the City Policies.
Section 5.
Voluntary Assistance By Employee
A. 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.
B. 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.
Section 6.
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 his/her 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 his/her 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.
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ARTICLE 13
RETIREMENT
Section 1. 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.
Section 2. 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.
Section 3. 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. The City and the Union agree to the
consideration of a Cost of Living Adjustment to the City Pension Plan and the City agrees to present
such to a referendum vote by City of Clearwater citizens as soon as practical.
Section 4. The parties agree to bargain proposed changes in the City's Pension Plan and
changes in the City's Civil Service Rules that deal with mandatory subjects of collective bargaining
and any impact these changes may have on bargaining unit members.
Section 5.
Vacation and Bonus to be Credited Toward Retirement
A. Vacation Accumulation
The amount of accumulation shall not exceed six weeks for the purpose of early_retirement.
B. 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
-40-
Section 6. Any sick leave charged to an employee's sick leave balance after October 1, 1979
as the result of a line-of-duty injury shall be added back to the employee's sick leave balance up to the
sick leave cap of 1560 hours at the time of retirement. This relates only to injuries and re-injuries
wherein wages are compensable under Workers' Compensation.
Section 7. During the advancing of the retirement date through the use of sick leave, bonus
days, and vacation leave, employees shall not accrue any benefits except retirement credit, including but
not limited to vacation leave, sick leave, insurance premiums, holidays, workers' compensation, salary
increases, assignment pay, shift pay, allowances, reimbursements or special payments, or bonuses of
any kind.
ARTICLE 14
SENIORITY, LAYOFF, AND RECALL
Section 1.
Seniority
A. Seniority is defined as the length of continuous service in City employment. Seniority will
continue to accrue during all types of leaves of absence with pay and other leaves where
specifically provided.
B. After successful completion of the probationary period which is six months, seniority will
revert to date of employment. Seniority shall be used as a factor in consideration for
promotion. When skills and qualifications are substantially equal, seniority shall prevail.
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 a question as to which bargaining unit employee shall be allowed vacation,
days off, differential payments or hours of work, seniority shall prevail, provided skills and
qualifications are substantially equal.
-41-
Section 2.
Layoffs
A. 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. When the need arises for laying off regular employees in any department for any of the reasons
enumerated in Section 1 hereof, the order of layoff shall be determined by 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 substantially equal, City
seniority will govern. An employee who is designated to be laid off shall have the opportunity
to revert to the position he/she held prior to his/her current classification. If this movement
requires further reduction in the work force, the same procedure shall be utilized for
subsequent positions in accordance with this section, and the process continued through the
ranks thereafter.
The provisions of this and the following section are based on the premises that the services of
the affected employee have been satisfactory and that he/ she is physically and mentally capable
of efficiently discharging the duties of another position in the same or lower class.
C. 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/her name placed on a re-employment list may,
on written request and with the approval of the Human Resources Director and the City
Manager, have his/her name also placed on re-employment lists for the same or lower
classification 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 City seniority.
-42-
ARTICLE 15
DURATION, MODIFICATION AND TERMINATION
This Agreement shall be effective as of the 17th day of January, 2000 and shall continue in full
force and effect until September 30, 2002. At least 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
year, and each year thereafter absent notification.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
~ ,2000.
&Cf~
day of
ATTEST:
CITY OF CLEARWATER
~.?A;...~
Cy' 'a E. Goudeau,~Cfur Cler~
J-
Michael Roberto, City Manager
Approved as to form and r:orrectness:
counterfL ~
Brian Aungst, Mayor-~ommissioner
_U ~ AA-
Pamela K. Akin, City Attorney
WITNESSES:
COMMUNICATIONS WORKERS
ala: ;V(~
Alan Keith, CW A Representative
,~~1t.
-43-
APPENDIX
C.W.A. ALPHABETICAL LISTING OF CLASSIFICATIONS AND PAY GRADES
CLASS
NO.
0225
0230
1540
4764
4603
5115
1483
0707
1570
1370
1380
0190
0510
0706
1317
1318
0500
1120
0651
1040
1050
2485
6001
6565
3535
6500
5125
5135
1130
1741
1940
1001
1800
1810
1820
5110
4035
4040
HRS
B/W CLASSIFICATION TITLE
PAY
GRADE
75 Accounting Clerk
75 Accounting Technician
80 Air Conditioning Technician
80 Aquatics Leader
80 Arb oris t
75 Associate Customer Service Representative
75 Associate Planner
75 Board Reporter
80 Building & Maintenance Supervisor
75 Building Construction Inspector I
75 Building Construction Inspector II
75 Central Records Specialist
80 Chief Communications Technician
75 City Clerk Specialist
75 Code Enforcement Inspector I
75 Code Enforcement Inspector II
80 Communications Technician
75 Computer Aided Drafting Technician
75 Computer Training Technician
75 Construction Inspector I
75 Construction Inspector II
75 Construction Specialist
80 Container Maintenance Worker
75 Courier
80 Crime Analyst
80 Custodial Worker
75 Customer Service Representative
75 Customer Service Specialist
75 Design Drafting Technician
80 Electro-Mechanical Technician
80 Electronics Technician
75 Engineering Services Technician
80 Equipment Operator I
80 Equipment Operator II
80 Equipment Operator III
80 Field Service Representative
75 Fire Public Education & Info Aide
75 Fire Public Education & Info Specialist
C-44
C-48
C-54
C-42
C-52
C-43
C-57
C-48
C-60
C-57
C-60
C-53
C-60
C-46
C-52
C-55
C-54
C-56
C-54
C-55
C-58
C-57
C-45
C-36
C-53
C-36
C-46
C-50
C-60
C-55
C-54
C-48
C-39^
C-46
C-52
C-43
C-54
C-60
1
APPENDIX
C.W.A. ALPHABETICAL LISTING OF CLASSIFICATIONS AND PAY GRADES
CLASS
NO.
1654
1660
1601
4601
5379
5383
5355
5365
5375
0635
0061
0044
4609
4610
1365
5741
1345
4656
4657
2068
0120
0125
2110
8000
1360
4012
6530
6540
3010
3048
3044
1070
1651
1609
1610
1611
1670
1675
HRS
B/W CLASSIFICATION TITLE
PAY
GRADE
80 Fleet Operations Trainer
80 Fleet Production Control Coordinator
80 Fleet Service Worker
80 Forestry Technician
80 Gas Specialist
80 Gas Supervisor
80 Gas Technician I
80 Gas Technician II
80 Gas Technician III
75 G IS Technician
75 Graphics Specialist
75 Graphics Technician
80 Groundskeeper I
80 Groundskeeper II
75 Housing Inspector
80 Industrial Pretreatment Technician
75 Inspections Specialist
80 Irrigation Service Worker I
80 Irrigation Service Worker II
80 Lead Parking Attendant
75 Legal Staff Assistant
75 Legislative Staff Assistant
75 Library Assistant
75 Library Page
75 License Inspector
80 Life Hazard Safety Inspector
80 Maintenance Worker I
80 Maintenance Worker II
80 Marine Facility Operator
80 Marine Lifeguard
80 Marine Operations Supervisor
75 Materials Tester
80 Mechanic Fabricator
80 Mechanic I
80 Mechanic II
80 Mechanic III
80 Mechanic Supervisor
80 Motor Vehicle/Equip Maint Shop Supervisor
C-58^
C-58^
C-39
C-42
C-57
C-60
C-43
C-52
C-54
C-52
C-47
C-46
C-42
C-48
C-57
C-57
C-63
C-43
C-48
C-41
SB-1
C-48
C-40
Hourly
C-57
C-58
C-36
C-39
C-44
C-38
C-60
C-61
C-56
C-45
C-54
C-57^
C-60
C-62
11
APPENDIX
C.W.A. ALPHABETICAL LISTING OF CLASSIFICATIONS AND PAY GRADES
CLASS
NO.
0655
0656
2066
2020
2025
4625
4635
4645
4670
8355
3571
3568
3560
3520
3521
3515
3505
3510
3531
3570
4760
1745
1755
1705
1708
1725
4782
4783
4762
2990
4785
5160
1910
3050
3572
0180
0170
6020
HRS
B/W CLASSIFICATION TITLE
PAY
GRADE
75 Network Support Technician I
75 Network Support Technician II
80 Parking Attendant
80 Parking Meter Technician I
80 Parking Meter Technician II
80 Parks Service Technician I
80 Parks Service Technician II
80 Parks Service Technician III
80 Parks Supervisor
80 Police Aide
80 Police Communication Operator
80 Police Communication Operator Trainee
80 Police Communication Supervisor
80 Police Property Clerk
80 Police Property Supervisor
75 Police Records Supervisor
75 Police Records Technician I
75 Police Records Technician II
80 Police Social Services Specialist
80 Police Telecommunicator
80 Pool Guard
80 Public Services Supervisor I
80 Public Services Supervisor II
80 Public Services Technician I
80 Public Services Technician II
80 Public Services Technician III
80 Recreation Facilities Supervisor I
80 Recreation Facilities Supervisor II
80 Recreation Leader
80 Recreation Pier Supervisor
80 Recreation Programmer
75 Senior Customer Service Representative
80 Senior Electrician
80 Senior Marine Lifeguard
80 Senior Police Communication Operator
80 Senior Service Dispatcher
80 Service Dispatcher
80 Solid Waste Equipment Operator
C-54
C-57
Hourly
C-46
C-50
C-39
C-46
C-52
C-57
C-41
C-52
C-46
C-60
C-46
C-52
C-54
C-44
C-48
C-58
C-48
C-38
C-57
C-60
C-43
C-52
C-54
C-57
C-60
C-38
C-57
C-50
C-54
C-55
C-42
C-54
C-48
C-45
C-52
ill
APPENDIX
C.W.A. ALPHABETICAL LISTING OF CLASSIFICATIONS AND PAY GRADES
CLASS
NO.
6036
6040
6000
6003
4620
0090
0100
0420
1010
1020
1030
1520
1530
2050
2055
2000
6005
4600
1765
1775
1785
5720
5710
5701
5700
5730
5725
3060
5540
5561
5560
5550
6014
HRS
B/W CLASSIFICATION TITLE
PAY
GRADE
80 Solid Waste Supervisor I
80 Solid Waste Supervisor II
80 Solid Waste Worker
80 Solid Waste Yard Maintenance Leader
80 Spray Technician
75 Staff Assistant I
75 Staff Assistant II
75 Storeskeeper
75 Survey Assistant I
75 Survey Assistant II
75 Survey Party Chief
80 Tradesworker I
80 T radesworker II
80 Traffic Engineering Assistant
80 Traffic Operations Supervisor
80 Traffic Sign & Marking Technician
80 Transfer Station Operator
80 Tree T rinuner
80 Utilities Mechanic
80 Utilities Mechanic Supervisor I
80 Utilities Mechanic Supervisor II
80 Wastewater Treatment Plant Operator-A
80 Wastewater Treatment Plant Operator-B
80 Wastewater Treatment Plant Operator-C
80 Wastewater Treatment Plant Operator-Trainee
80 Wastewater Treatment Plant-Lead Operator
80 Water Pollution Control Operations Trainer
80 Water Safety Supervisor
80 Water Supply Attendant
80 Water Supply Operator A
80 Water Supply Operator B
80 Water Supply Operator C
80 Welder
C-57
C-60
C-41
C-43
C-45
C-37
C-44
C-48
C-40
C-46
C-58
C-45
C-54
C-48
C-62
C-46
C-45
C-46
C-54
C-57
C-60
C-54
C-52
C-50
C-44
C-60
C-56
C-57
C-44
C-54
C-52
C-50
C-52
IV
IpaYRW~1
C-33
C-34
C-35
C-36
C-37
C-38
C-39
C-40
C-41
C-42
C-43
C-44
C-45
C-46
C-47
C-48
C-49
C-50
C-51
C-52
C-53
C-54
C-55
C-56
C-57
C-58
C-59
C-60
C-61
C-62
C-63
C-64
C-65
C-66
C-67
C-68
APPENDIX
C.W.A. PAY RANGE TABLES
Effective 10/1/99
Bi-Weekly Bi-Weekly
Minimum Maximum
552.76 856.28
567.49 879.01
585.09 901.68
596.90 921.17
611.58 947.11
626.28 966.56
640.94 995.74
658.61 1018.48
673.32 1044.41
690.96 1070.37
705.62 1096.30
720.37 1122.23
743.88 1151.46
758.56 1180.61
776.20 1206.58
796.82 1239.02
817.36 1268.22
835.04 1300.63
858.54 1333.06
876.19 1365.54
902.62 1404.45
923.24 1436.89
946.74 1472.57
970.28 1508.22
993.78 1547.17
1017.30 1589.34
1043.79 1624.98
1070.22 1667.19
1093.74 1709.30
1123.14 1754.71
1149.63 1793.66
1179.02 1839.07
1208.42 1884.49
1237.83 1929.89
1273.11 1975.29
1302.52 2027.18
Effective 10/1/00
Bi-Weekly Bi-Weekly
Minimum Maximum
563.82 873.41
578.84 896.59
596.79 919.71
608.84 939.59
623.81 966.05
638.80 985.89
653.76 1015.65
671.78 1038.85
686.79 1065.30
704.78 1091.78
719.73 1118.23
734.78 1144.67
758.75 117 4.49
773.73 1204.22
791. 72 1230.71
812.76 1263.80
833.71 1293.58
851.74 1326.64
875.71 1359.72
893.71 1392.85
920.67 1432.54
941.70 1465.63
965.68 1502.02
989.68 1538.38
1013.66 1578.11
1037.64 1621.13
1064.67 1657.48
1091.62 1700.53
1115.62 1743.49
1145.61 1789.80
1172.62 1829.53
1202.60 1875.85
1232.59 1922.18
1262.59 1968.49
1298.58 2014.80
1328.57 2067.72
v
Effective 10/1/01
Bi-Weekly Bi-Weekly
Minimum Maximum
575.09 890.87
590.41 914.52
608.72 938.11
621.02 958.39
636.29 985.37
651.58 1005.61
666.84 1035.97
685.22 1059.63
700.53 1086.60
718.88 1113.61
734.13 1140.59
749.47 1167.57
773.93 1197.98
789.21 1228.31
807.56 1255.33
829.01 1289.08
850.38 1319.46
868.77 1353.18
893.23 1386.92
911.59 1420.71
939.09 1461.19
960.54 1494.94
984.99 1532.06
1009.48 1569.15
1033.93 1609.68
1058.39 1653.55
1085.96 1690.63
1113.46 1734.54
1137.93 1778.36
1168.52 1825.60
1196.07 1866.12
1226.65 1913.37
1257.24 1960.62
1287.84 2007.86
1324.55 2055.09
1355.15 2109.08