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04/18/1991 - Special ':CT~=~~~:;1t~~~~~~k~r;~~~~;'~;'~~~.'c' \. t . I . '", - k ... . . . I _,,, ~l 7~~ .- ...... .~ '" I. ..,~ . '. .", If .",~ ,'.--.....:r .,' '>:t. ~~'''' :'~:. ~ '-':1-~~ '.. ,~'.. tt::"".~~~ i.~;Vitfi\ ;,.' ,., . ~ .. . . ..... .' .,t:..:..~ '<.' . '.' .-tI. {-;': (1\-- {If 'f3.'\~,~"~'~~' 1:. j ~~i,;j; .J.1m.~to \l:;t~~~ . 'j ~\~~>~~:... }1"1(:-. ~~-'" ," "":f?m""W;~{o;1'~$\,,,,,j"'~t!;4:<~~;''''~~;''i'\\!{.I~'i;Wh~'''i;li,l;~g,tMfvr';\>:~:''~U~<~P"~':~~m.~~~~~tl'.'~'f,,~::~''L1~1\,~~\\''~.I[;:~!,,~t~:~''I;':\' ~~,,';g ,,(:, \ ~~ ' \) "i':., .' ", ," . :,:'~1:':~;fJ~~::"~~? ri~~,~!\'<'CC;;f:~::~'Jt ':..: r:~f,:"l'~:;!;~;,;:,~:~"'>~,:"~':'!~?";::':;'}~~:^ ',;,' ,,;::;~::' ., .'<}:",'>F::" " '~, '. F:',7~" :;jri;,~,-: ,: ' ';.::; .', ,\ ' -,. ' . ",','.,',. . ' . " " ':- p--,,- '--. ~-.,., -~-'''I.,----...-.r .';_,.,. .....I~,-,~;'.l.:.".~.!:.,:.';.~;~ ~.\,,\O ?f.J"i";~~ '-:~~'H~"'ni~.Cf~;' ~~~~, r-'-j\lr,'h1'~~';(;r';;~r!.o1';:;t'(~,:.l'<'(!":~'~!'!'ai;~,~'!ffi$)!~r.!~ii;~:!!,,'1,1 . r,~"!,r.~,,, ,~};!i,U'~Yt~~}!~H ,1- t';'<t"r~:'J.~,,: \it~i,?'J',:;,;~..~t:":""" :~,,"'~ ":",*,,'" . "i"'::,~'Y:~f:';;"_}~;:"'; ,.,':~:,;, ,':':';' ":';~%\;:,~~:' ;" '>~:~r~,;i.:~:;t6~ -~-'-"-,~-.---- "1~ --_.~ -----t: .:--.. -- .", ~.,..' -.~f',,~~w,"'~~;~hn~~.~'J'~'~~1:,!;?~~.er~ ' " .' ~~~"~'~l~\:.;:~~~~lt.'l,'~lhi~~~ '~v'!'t'''~;'?' ":l!~ .:~",,'':t<~'',7~~' .'.. ':',:,'~,., :~:':'~:::~~~'''~\~tr:~;', ,~:Fj:\>;~!!l':~4':;)~<:,;~:~ " ,); :~~",,:;, ,,:L' ::?;;":~,\~";,,:,,~~ ',:<,;" :,;;'i: " , ,,:'>~" ". ':~,::;;::; 0::" ' .. . .,..... .' . ,. ~, Ilt ~~)t ~~~ i1i'''~'~<.i';'~~' _~~l<dlnil!\\!W ." ,rIf~1~ :::t.,~~:~l:t;~r#~~rlJ~.~:~.:,1.J,~rt_~p; ~f~~~~R~" , <~y:)~~ :!f~~i??(; a~~~~!!:"~~, . ".',,1,;..';:/.. )~':l.~,:'. ,,-:. _~'..:f, :....:.,'.;:.:~:' >~,":.~::'/:.:,; ...'.:_., .~\ ~': '!('::~)/_' ~.._< . r-' . . . . ;:.'i!i'~:~~\'~'::i\t'&'.'~1\'~~~'!rt'~~fJ~~}~:1~~~;!)'; " .. ;11 ',!f~ ~5'!,~..!~~:/~ .~.;; ':':~~';t~ ~<~.~::,.!~~~~y,\~~;:~~~';'~:':~~1d:',~~:;.':~~.~~.~~:~!~i~0'~~f~: . , . . . ~~*~;?:~~~r(~~~.;~~n.{:J::~;')??;"'~ ~I:);;..:~t:.~,?( .:?::..{~ '~:~~?-. ~~.. t:-'~~;~!(~~'~;;~r!.~i.f~~t~tt1,!.i r,. ~~r~1'r:~'r~~;~~:0?'~'1 ,:: . OJ' . . ." .- ~ . . <OJ.[ ...~ tV..j~-:; 17"" l't""..'t,y:'~~ P,,'h'r..~~4<'~J: (!)"':"'~~r\ofrth~.f.?-~,,~'~'1:tl~'f,;!.h"f~~~~#l.lt~~~~ >-:.~;.. ';.' '\:),'t 0,:'.,:;;, ..'I ':.......)~ ',' ":":1 ".~. '\ "Ir J ;",:~,,,., .t,.;:~:!t "::',:'"J,:l i~h~f\\~~~1""r\~<~~lt:it;~':t":',N:'i;~);~~;(r':;i'~;t.;//'-' i';~;K1\~~~~y!':~:':'''' ',' :'"';'::~';:';;(';::;.y~: i,:":"\!!:;::; ~:;;.,~l.;" ". ~~J.'2ii;,;c,~,~;.j(.~'7:":,"':'~ ;i:;;:g:'~'j:~~r;;: ;fi~k!~1~~(;~~~P~J7~~,jY:, or ,.~ FOP SERGEANTS & LIEUTENANTS NO IMPASSE (c) The amount of compensation paid shall be the amount required to supplement funds received from the Florida Worker's Compensation Law and any other disability or other income plan provided by the City, either by la~ or by agreement, to the pOint where the sum of the supplement herein provided and all other payments herein described equal the employee's weekly wage at the time of the injury, (d) No compensation under thi s section sha 11 be allowed for the first seven (7) days of disability; provided, however, that if the injury results in disability of more than fourteen (14) days, compensation shall be paid from the commencement of the disability, In such case, the sick/injury leave taken by the employee will be credited back to the employee's accrued sick/injury leave account. (e) The term disability as used in th.is section means incapacity because of the line-of-duty lnJury to earn 1n the same or any other employment the wag~s which the employee was receiving at the time of the injury. (f) It is the intent of this section to provide supplemental compensation for line-ot-duty injuries only, and this section shall not be construed to provide compensation in the event of death or injury incurred in any manner other than in the line of duty, Coverage under this section shall not result in the loss of step increases whi ch the offi cer wou1 d have received had he been on the active status. In the event of any di spute or disagreement concerning the interpretation of this section, then the decisions concerning definition of the terms of this section issued under the Florida Worker's Compensation Law shall control. (g) The maxi mum peri ad for whi ch payment may be made under thi s section shall be ninety (90) days from the date of injury for 'each injury, including recurrences thereof. No payment made by the City during said period shall be charged against any sick/injury leave which the employee may have accrued. This provision may be extended for another ninety (90) days at the sole discretion of the Appointing Authority, Upon completion of the ninety (90) day period, or any extension thereof, the employee shall revert to use of his accumulated sick/injury leave as provided elsewhere in this Agreement. (h) The City shall have the right to require the employee to have a physical examination by a physician of its choice prior to receiving or continuing to receive compensation under this section. (i) Fai lure to report a 1 ine-of-duty injury (when it becomes evident to the employee), or failure to report an event that could result in an injury, to either the employee's immediate supervisor, the City Nurse. 'the Safety Officer, or the Police Chief, and to file the necessary written report on proper forms within one (1) work day after reporting the' injury or event shall cause the City to not pay the compensation under this section. It shall be the employee's responsibility to prove the injury occurred while on duty. -12- , -----':'. - ""'_~'h.; I,.. ,.,. "~':--:-'~' '~.., ~ "'. ;, , '~ ' ..I, , . \}~. ( ,. , , - ~ , '., ' , ~t . .. '~~lW/r';~'i1!J'~U'4ft'\H1l!.~&1!f'!{ti~If.~1f.Sii;i~~~~?t';;hf..4/f}.",,'t.r~~ft.!rf~1f;~~~. }tL .,,'''''''/It',' ,':7," :-~,~,"~;r:::',)t:" "L.;~(~":;,: ',;,;:'',j;'''','''',.,' , ,,\; · ~ ,," '...,,~, ~" , ' ~~.R.."" iF. ';h''IllIi'l.1i'i~!l!i.i\:~:~''1t~~\., :,,~~l:f~;?~'t.}~~~~.t'''~'';:r&,!{.~J.~: ;,~l9"~~ ,:';'l':: '.'Ji;rprS~'T,\".. " :~.\!~:~~:" "\":':?:..':~:.':. .... "',~~:~,t~~.>,.'<,~.:.~". '~' .>:~:.~':/t' '~"'~:\\' . '~';~!,'....,-).;;:'..\. .,:,J'~, >-.. '~ "..,.., \ .~!I.. . '," ~~". ,~..~.... ," '.~ '.' " .~~\_ ~'~l,~)J,,~~~t~t::. 1,;g(~;.t;~~~~'iif!?7~"~~~~,'~',~,, .,~:;:,. ; ,~""''''''.~::'iJ~'!'. ':'~'!'~"''''~'~,.''~'', .~.;.; 'r.:""Y~~.:.,.""//". ::. :)1':.~ ". ,....'."... ..- .. ..... .-., ~'l~'m~:;f~"ff~(r~:t~~~&'f!tj'71'~~*t~?~~;!?n~S:i'i~t~~m~w':;;~~t:?):li~.:., ":~i~~:~,;:,"~!;~:{::'~".'i}' , '",":' ::gjr' ',:~:..(;:r:: :',. !:" ", ,.' ',',' ,:,;....,:.t; ij . ,., ~ . ... . . . '. . 0~4'!1ITtW'~~'!'~~';1~i""'~"e1~r!"'t!!l'l!:'~~'ir~~~~\!!~. :.~I'. ~ 'I , i .', J :"!l' '~"I~ .".' i, ',.' " , , , < ,.'..:-~):;::." '., '.. ,.,' '._,'\~~""..:.;:~~ ~ ,?....: \,;?,.:~~~;tf,'i~';J...:,T'~~!~:~~1,:;:~ir:'I.i~"~~~'\\~<~,e~~mtt'~~~t.;~,~~." * , . . \ '':,'' '" ,,':1 ';;~9.~~;"'}::F',i!';I:i<.(;~:.!!):"J:r(~i~v:~~v~~~',',;#~~,;~$;m-~~;~~~tf,(4;~"':;:r~' ',' ,. '~..:.' .'. FOP SERGEANTS & LIEUTENANTS IMPASSE: STIPULATED LANGUAGE Step 1. An aggrieved employee (Police Sergeant or Police Lieutenant) shall present his grievance in writing on the approved grievance form (Appendix A) to the Police Captain in his respective Division, or to the Deputy Police Chief if the employee is not assigned to a specific Division Captain, within, seven (7) working days after the employee has knowledge or constructive knowledge of the occurrence of the action giving rise to the grievance. The written grievance at this step, and at all steps thereafter, shall contain the fallowing information: 1, A statement of the grievance including date of occurrence, details, and the facts upon ~hich the grievance is based. 2, The article and section of the labor agreement alleged to have been violated. 3~ The action, remedy, or solution requested by the employee. 4, Signature of aggrieved employee and F.O.P. representative, 5. Reason for rejection of management's answer, if appealed (Steps 2 and 3 only). 6, Date submitted. Grievances submitted at this step shall be reviewed and returned to the grievant if the form does not contain the above information. The grievant shall be notified of the insufficiency and afforded an opportunity to correct and resubmit the grievance within two (2) working days of its being returned to him. As used in t.his Article, the term "emp1oyeell shall also mean a group of employees having the same grievance, In such event, one aggrieved employee shall be designated by the group of employees to act 83 !pOke3per30M and 3"a"11 be responsible for processing the grievance. The Police Captain or Deputy Police Chief receiving the initial grievance shall review the grievance and submit a response in writing to the aggrieved employee within seven (7} working days from the date the grievance was presented to him. The written response at thi s step and a 11 steps thereafter shall contai n the fo 11 owi ng information: 1, An affirmation or denial of the facts upon which the grievance, is based. 2, An analysis of the alleged violation of the agreement. 3. The remedy or solution, if any, to be made. 4, Signature of the appropriate management representative. , Where the Police Captain or Deputy Police Chief determines that he is unable tp respond due to circumstances of the grievance which may require a decision at a higher level, he may respond by denying the grievance. -6- .~... ~.. ~, .' ,.. --' - ...... ~. ....'. ~-".,'." .. '", .... ~.... .'. '" " :.' - .;"'. ~., ...... " # . FOP SERGEANTS & LIEUTENANTS IMPASSE: STIPULATED LANGUAGE Step 2. If the grievance is not resolved at Step 1, the aggrieved employee may submit the grievance to the Police Chief within seven (7) working days from recei pt of the response inStep 1. Such submi ssi on of the gri evance at Step 2 shall be in writing. The Police Chief or his designee shall obtain necessary facts concerning the alleged grievance and shall, within seven (7) working days following receipt of the grievance at Step 2, meet with the aggrieved employee and a Union representative if one has been requested. The Police Chief or his designee shall notify the aggrieved employee of his decision in writing not later than seven (7) working days fOllowing the meeting day with the employee. Step 3. If the grievance is not resolved at Step 2, the grievance and all responses thereto may be submitted to the City Manager or his designee within seven (7) working days of the time the response was provided in Step 2. At the request of the employee, the City Manager or his designee shall meet with the employee and a Union representative if one has been requested. The City shall determine who shall meet with the employee. Within seven (7) working days of the meeting with the employee, the City Manager or his designee will notify the aggrieved employee, in writing, of his decision, If a grievance is not submitted to the City Manager or his designee, it shall be deemed to have been resolved at Step 2 or to have been dropped by the grievant, Section 5. Formal Processing of Grievance Initiated By City Where any provision of this Agreement involves responsibility on the part of the Union which, in the view of the City, is not properly being carried out, the City may present the issue to the Union as a grievance. If such grievance cannot be reso1 ved by .discussi on' between the City and the unit representative on an informal basis, the grievance may be formally filed in writing by the City Manager or his designee by giving written notice to the business agent of the Union. Such notice shali indicate the provisions of the Agreement whi ch the Ci ty contends is not properly bei ng ca rri ed out by the Union. If not resolved within seven (7) working days fOllowing receipt by the Union of the written grievance, the City may submit the grievance to arbitration under the provisions of Section 6 of this Article. Section 6. Grievance Arbitration In the event that a grievance is sti 11 unreso1 ved after Step 3 in Section 4 above or as provided in Section 5 above, the matter may be submitted to final and bi~ding arbitration as provided in this section, -7- '. .......... 'a.- ~,. "1''''''. lj":.,.~~:...", . ~."IJ':."." ,. .. _...~., <,~~~~r:;i~i~~~;/~:;; :~'~1~:t~:;'7;;:t:!?i~'~:rG:' ';':"'~i;'~;;~1';;::~}('.;:';>"':~~;~';~':;Y~Y~':}:o;" . :~'S::;:);'~~::~'~;~~Y:"~~!.'~;:~~~':":\;!'\B'i:'~'r~';+j'~~1t~~~'f~:;fit7\:~11~~W(1?i~f~':' ," ~. ',.-" ,-' ;, I " , ',t- . ~'~'., ..:: : '. ", . ,\' ,',' ..' ' , ~~~~~::-,~-~-:-.--.~~-~. .~ r '. 1J' ,;. "', .".0', , w...~,.'.. :.t~-1I"':-''t~."nt} tl"~,.!J.' '~r~'.;.">"/l,ll-t,~'i'..::! ...~j......,..,.",\Oi-'I(t.:1/1~~\-m~;.1r.'1'Ji'k~ "'C" .' ":':'",:"',:"r:, " '-: 'Y":"?i.':','~'<.F~>~':~'~!I"",;,;t'~'::~:'~(' . ~~~ih~W~;~~?'-1::~;~1trf!?'~iRi1~Q;~;;\:;';':~;\~;-?~~;t::(:':~";'"CY:;:".' .:~.:,~ T!::r:;..t!j~i ,\ '" " i- '.to ~! FOP SERGEANTS & LIEUTENANTS IMPASSE: STIPULATED LANGUAGE " ~ .' ~ ~ incapacity began. The Personnel Director shall be immediately notified in writing of any such advance which shall be charged against the employee's sick/injury leave account thereby creating an overdraft position. Such overdraft shall have the status of a loan by the City to the employee and shall be repaid: (1) By the subsequent accumulation of sick/injury leave in the amount necessary to retire such loan, or (2) By repayment to the City of such portion of the salary previ ousl y pai d to the employee under the foregoi ng provi si ons as mi ght be necessary to retire such loan. The employee shall not be entitled to use any additional SiCk/injury leave until the loan has been repaid and in the event of his separation prior to such repayment, the Ci ty sha 11 retai n from the moni es otherwi se due the employee an amount sufficient to retire such loan. Provided, however, that if the separation is the result of the death of the employee, the loan shall be forthwith cancelled and no claim for repayment shall be filed against his estate. The employee shall not accumulate SiCk/injury leave while being paid with borrowed siCk/injury leave. (i) Upon separation from the City service, an employee shall be paid for one-half (l/2) of his accumulated unused siCk/injury leave or for t200 hours, ~"iche~er ;s smalle3t, provided: (1) That the rate of payment shall be based on the regular biweekly base salary (excluding shift differential, or any other addition to base pay) of the employee ({ncluding longevity) at the time of separation for which his accumulated unused siCk/injury leave will be charged with twice the number of regularly scheduled hours of work for that employee in such biweekly period. If an employee is separated upon the termination of a leave of absence or the effective date of a resignation executed under the provisions of paragraph (3) of this subsection, the rate of payment shall be based on the regular biweekly salary of the employee (including longevity) at the beginning of his leave of absence or the date the resignation was effective, and (2) That at the time of separation, the employee has had at least five (5) years of continuous service with the City, Leaves of absence without pay, suspensions and layoffs followed by subsequent reemployment shall not be considered as breaks in service; provided, however, that the length of such time-off or layoff shall be deducted from the total length of service except that military leaves and leaves during which the employees are' receiving Workers' Compensation shall not be deducted, and (3) That the separation is involuntary on the part of the employee to the extent that it is occasioned by disability (incurred on or off the job) or that it is occasioned by action of the City due to material changes in procedures or organizations or for other reasons of like character as di sti ngui shed from reasons such as vol untary separat i on to seek or accept other employment, relocate, attend school, care for relatives or friends or -13- : ;. I.~ ,.' ".,.,,": . , ,., ; ;., . ~' - i 'l., , ,. '~ I , "r:.)~'- FOP SERGEANTS & LIEUTENANTS IMPASSE: STIPULATED LANGUAGE (d) Upon return from military leave the employee shall be reinstated in the City service in accordance with the following regulations: (1) If still qualified to perform duties of his former position, be restored to position or to a position of like seniority, status and pay; or (2) If not qualified to perform the duties of his former position by reason of disability sustained during such service but qualified to perform the duties of any other posi t ion in the employ of the Ci ty, be restored to such other position, the duties of which he is qualified to perform, as will provide him with like seniority, status and pay, or the nearest approximation thereof consistent with the circumstances in his case. (3) In the event there be no'vacancy in the appropriate class and there be an employee or employees in such class serving a probationary period who has not acquired regular status, then such probationary employee shall be laid off or returned to a former position in which he had acquired permanent status and the returning employee reinstated. (4) If a returning employee has regular status and cannot be rei nstated under the provi si ons of paragraph (3) above, then the employee having been employed in the appropriate class for the shortest period of time shall be laid off or returned to a former position in which he had acquired permanent status and the returning employee reinstated. (5) A returning employee shall have the same status as he had prior to the beginning of his military leave, He shall be allowed to take any subsequent 1 y admi ni stered exami nat ions after hi's return that he woul d have been eligible to take had he not been on military leave and to complete any uncompleted period of probation. No grievance shall be filed by any other employee in connection with this paragraph. (6) He shall submit to such medical and/or physical examinations as the appointing authority shall deem necessary to determine whether or not such military service has in any way incapacitated him for the work in question; provided, however, that as far as practicable, any employee returning with disabilities shall be placed in such employment as the appointing authority shall deem suitable under the circumstances. (7) Any regular or probationary employee receiving a dishonorable discharge from the armed forces shall not be reinstated to any position in the City service, (e) An employee granted a military leave of absence shall, insofar as possible, have all the rights and privileges he would have had if he had remained on duty, including cumulative seniority and, except as otherwise provided in this Agreement, applicable Civil Service/Personnel Rules, or City benefit policies, all other benefits dependent on length of employment to the same extent as if he had not been absent on such leave. -16- ~.,,-:--- . ," ~ ., . .. ,,' ,,-. '.... '\ ~~~{2:';:;:~{r'l'1'1.f!""'~f;0'"'''''1Eii':::;I'\'i "~"~'-'i:li~"m'i"')i;\'~";'i>'}'!)\~t~~ , ,,~~~~~~~~~~l~~~\~'f~~t~r~:~~~r.iri:"'-" I .. ',1 . , . '~ .. FOP SERGEANTS & LIEUTENANTS IMPASSE: STIPULATED LANGUAGE i:t'. ..' ,. 1:,~;Hi~J{ \'1 r ':""v:' {e,}I. , /1Yi::,i ':;~1~~,,\,\\,.. ,};('::"', /, ,'.." ""'('" '.".' '.' d1"'~'" i~~~1~'i~i~it i ARTICLE 13 DIRECT ECONOMIC PROVISIONS Section 1. Holidays (a) There shall be nine (9) ten (10) paid holidays. They shall be celebrated on the specific dates given. They shall be: New Year's Day......,..Jan. 1 Washington's Birthday..Feb. 22 Memorial Day......,.,. .May 30 Independence Day.......Ju1y 4 Labor Day" ..1st Mon. in Sept. Veterans' Day .........Nov. 11 Martin Luther King Day Thanksgiving Day.4th Thurs. in Nov. Christmas Day. ..... .December 25 Employee's Birthday/Pay period in which birthday falls When Observed The City shall determine whether an employee will work on holidays and reserves the right to determine the appropriate level of staffing and the .schedule employees will observe on the holidays. This does not al',,11 to assigned uniformed street supervisors. (b) In the event that one of the above named holidays occurs during the course of an employee'S vacation, then the employee's vacation shall be extended one day. (c) In the event that one of the above named holidays occurs while an employee is on paid SiCk/injury leave, the employee shall receive holiday pay at his straight time rate and shall not be charged SiCk/injury leave pay for that day. In the event the employee is on SiCk/injury leave without pay, or any other form of time off without pay, the employee shall not be paid for the holiday. (d) Employees who work on Christmas Day, New Year's Day, Independence Day, Labor Day, and Thanksgiving Day shall be paid at a rate of 2-1/2 times regular pay. (e) An employee may be required to work all or part of any holiday even though it may be his regularly scheduled day off. (f) 1.n addition to the holidays named above, employees shall be entitled to three (3) floating holidays. These days may be days off with pay and taken at the employee's request provi ded that operations will not be interfered with. Floating holidays shall be awarded each October 1 and must be taken by September 30 of the following year. An employee may elect to take one, two, or all three floating holi..days as a cash stipend by notifying the Department during September of each fiscal year. In that case, the employee will be paid at the rate of eight (8) hours for each floating holiday for which the employee makes this election. -22- ',", ,.;..:.... ":.".,',........:,..".;.....,,.t!~~'_..... .....~...'_. . . t,"~~.:~~"":":{;.t'~ ;.~"G~. FOP SERGEANTS & LIEUTENANTS IMPASSE: STIPULATED LANGUAGE (1) The Ci ty agrees to cont i nue the current vacation schedul e for the duration of this Agreement: Years of Service Vacation Hours 1 - 2 80 3 88 4 96 5 104 6 112 7 120 8 - 10 128 11 136 12 144 13 - IS 152 16 & over 160 (j) An employee may petition the Chief of Police or his designee, for permission to split his vacation time. Such permission will be granted if, in the sole discretion of the Chief, such an arrangement would not be detrimental to the administration of the department, ( k) I n the event that a death in the fami ly occurs wh 11 e the employee is on vacation, the employee shall be entitled to Funeral Leave under that Section of this Article; provided the employee notifies the Department of such death prior to the end of his vacation. Time charged to Funeral Leave shall not be charged against the employee's vacation time. In the event that the employee cannot notify the Department of the death prior to the end of his vacation, due to circumstances beyond his control, the employee must notify the Department of the death at his earliest opportunity. (1) Where an ill ness of three (3) or more days occurs duri ng a vacation, an employee may charge this time to sick/injury leave, and such time charged to si ck/injury 1 eave sha 11 not be charged agai nst the employee's accrued vacation. In such event the employee shall be required to provide a doctor's certificate as provided in Article 7, Section 1, paragraph (r+ (k). (m) An employee, upon termination, shall be entitled to receive all accrued unused vacation pay that remains at the time of termination. Section 5. Court Attendance Any employee whose appearance is required in county or circuit court as the result of a matter arising out of the course of his employment shall receive a minimum of three (3) hours pay if such attendance is during the employee's regularly scheduled time-off. This provision shall also apply when the employee ;s subpoenaed to appear at the State Attorney's Office, Public Defender's Office, or private attorney's office in a criminal, traffic, or civil case arising from the employee's course of employment. When an emp1Qyee is subpoenaed to Traffi c Court during hi s regul arly schedul ed ti me-off, he will receive a minimum of two (2) hours pay un.1ess the Traffic Court is convened outside the officer's assigned area in which case, the officer will receive a minimum of three (3) hours pay. All time paid for any court attendance will count as time worked, -24- :~"'"-. ., : '. . .'1....1.1..1 .."." ",.:-' ~ '. '.'1' . ".,:". .' I; ..... r..'..... . -j, I '\ FOP SERGEANTS & LIEUTENANTS IMPASSE: STIPULATED LANGUAGE In all instances of court appearances scheduled less than three (3) hours prior to an employee's tour of duty, the employee will be deemed to have started work at the time indicated on the subpoena and will be paid for all hours worked in excess of eight (8) hours. In all cases, the employee will be responsible to inquire of the department designee between 1600 hours of the day preceding and 0700 hours of the date of the scheduled court appearance so as to ascertain the status of the case and receive instructions. An employee wi 11 go on standby status as of the date and time required by the subpoena if he is subpoenaed to appear in county or circuit court as the result of a matter arising out of the course of his employment, provi ded that thi s is agreeable to the court and to the attorney request i ng hi s presence. An employee on standby under the provi si ons of thi s section will receive straight time pay for each hour spent on standby with a minimum of three (3) hours pay, In the event the employee is called to report to court during the ti me he is on standby, he wi 11 be pai d on1 y for the actua 1 hours spent on standby without benefit of the three (3) hours minimum. Standby time shall be excluded from hours worked computations. Section 8. Uniform Allowance (a) The City shall continue to provide the uniforms and equipment current 1 y provi ded by the Ci ty, except that the Ci ty may make changes in styles or update equipment as it deems appropriate. (b) Employees assigned to positions outside the uniform di vi si on where such employee is requi red to wear a sui t or sport coat receive a plain-clothes allowance up to a maximum of $650.00 each year. patrol shall (c) Persons transferred to plain-clothes duty shall be permitted to retain at least one uniform. (d) The City may determine the most appropriate way to pay uniform allowance; e.g., biweekly, monthly, quarterly, annually, Further, the City may change the manner in which the allowance is paid provided that employees are given not less than thirty (30) days' notice of the change and that the change does not reflect a reduction in the annual amount to be paid. Section lO~ Insurance The City agrees to meet with the F.O.P. and other City of Clearwater Uni ons I representatives to revi ew the hea 1 th and 1 i fe insurance programs for the purpose of reduci ng the cost of such programs for the C; ty and the employees. -25- -,.~.. ,.' -~ .. , " . '. " " ..... I , . ~~~i~f:~f.;';?V~. f;\2Wf,T~:~:1:;' '~'('~?},)~1f:,'i)i?;~'''/:',::r?' C<'\:~S~0;t1<;~<ili~'(,C~' "~'io'/fr;: <>\~~~rc~:" ' .:}}~\-' . , . '^^ '.f . J t )"N':\~'~<"")) ~ :.)~r ," ',~" '..,,~ ~";:;':{\.,,\r'~";\'.~~t~;'~~rf.~~}t'''''~7-~/~V'~?)1~'''' ' :". :' ~'.f . '.,y.: ~:. ,. r.\.~. '...~r . ~.',:.:{, .:<l'! . FOP SERGEANTS & LIEUTENANTS IMPASSE: STIPULATED LANGUAGE '~i~;;t;i'" .0\"' ,,;; I ' ,,' ,,'t" ,\ . '., i'Ut -.,.,':..J5:.,.. ',' < ::t,,;ir~il~~~fJrt !", .'. .',1,. "". ,.' ~' . " ", ('i>J[,"V',,,~".' . . .::,i t~}~' . 'i' .,' r".~7'.' ,,;\,:.~ " (i/~~) . " The City further agrees to provide the F,O.P. with such information as it has available as would be required to formulate such a benefit package and to cooperate with the F,O,P. to obtain pertinent information from the present carrier and the insurance consultant. Until a benefit package is formu1 ated and put into operation, the Ci ty agrees to conti nue the current benefits of life and health insurance. Section 11. Work Week and Overtime A. Normal Work Week The normal work week for employees in the bargaining unit shall consist of forty (40) hours of working time, Generally, the employee will work five (5) days of approximately eight (8) hours per day, or four (4) days of approximately ten (10) hours per daYi however, the City and Department may otherwise establish and flex an employee's schedule as necessary in their judgment to best provide police services in an effective and efficient manner, No employee sha 11 be sent home pri or to the end of hi s regul ar1y schedul ed shift for the purpose of denying overtime paYi nor shall any employee have his work schedule altered in an arbitrary or capriCiOUS manner. B. Overtime Employees shall be required to work overtime when schedu1e~ or ordered by competent authori ty, Employees sha 11 be pa; d ti me and one-ha 1 f their regular rate for all hours worked after the employee has actually worked forty (40) hours in that work week. Only hours actually worked will count as hours worked for the purpose of computi ng overtime pay, un 1 ess otherwi se specifically provided in this Agreement. Compensatory time, in lieu of overtime payment, shall be allowed up to a maximum amount, at any time, of fifty-si~ (56) hours as provided in Section l3. 1990. Section 12. Wages The base rate of pay will be increased by 2.0%, effective October 1. Sect ion 13. Compensatory l'i me A. Compensatory Time Allowance Employees will be provided the, opportunity to request to be granted compensatory time, in lieu of overtime payment, up to a maximum cumulative accrual of fifty-six (56) hours of compensatory time, At no time may an employee's total accrual of compensatory time exceed fifty-six (56) hours, Compensator~ time accrual will be ~t time and one half for each hour selected in lieu of premium overtime payment. Requests to use compensatory time shall be made to the appropriate Police Captain or other managerial employee. Compensatory hours off shall be considered as hours work in computing overtime under this article. -26- .~.~ '1~~"'-V-,of. .... '-.-...~'...-,~ , \ " " i , .'~- .., . ......p'. '.:;, ". ...,....... ~. '.- ,... ",. . '~: .. . " , ~:,~"~~~~i~p:~:;1t~~%,j',::" ::'"':':;~W;f(:'rl';~~'~'~";!;:?f>;';"~';'~/ ~::~:;i';:'::~""""~:~~': , " ',':;:;' ,;:'" "~~iX~,::,,,~;!;:,:l,:~r~:;~'t~""W;if;~~S~~;}?:m~~~!~J'i[~1;!~~;~~~' , )':', ";Y"(::~'::;7;':?>' i{:);i~*~G>-:~~%~'~"~!f~~~;,i" ):;~if~:' "~";J' ,:::. " ., ". .... " ;1~t{~')):c'D1 ::ttr~~{:'J,i1}\t":'~1 ':"'j"; ..'j · " '"rJ ~,"~.\i):~:~:~. ~!, <,,~;': "'~ ~ ~,," .il ::: I " ;~,~~ ~ \~"",>\,,,~ ji\".~I.,*~'i' ,IMl",' "'1 ,1J.;. ,,~,~~":A~:~; :l~l~!f~"" ;Jr{~',:: I~:' ~.v:\ "'~~' 'I~F ...,r)~~ j?>11,,{~'1;\tr~~'.""~" '.'\ ','. ')&\~:if~1;B;~~1.i{~~!<r;.,:~?:~~;:<'," >; ", '~~ },~;"';'~.:.'~'.t:~t';'I',~(l:"\\ 1\,:Jt', \~ 1" . J!t" . r'~ ,-":: ,,'l"\.'~~"~':"}.o;;~;\~l,lt~ t,.,"'jl." f ~ ". , {. . (';- ~:i/ :~r~".;~;JH':..:.:.\: .:'\ . .J", ~:I '<~:{{~~::~I~:J~:G~~}r.~":~~~\~';'!:"~I<>':~ , I,~ . ." 1/" ,,1 . r. I J J '. , .' A~,tl~!'U~I~i0;r!r<!/ . .'~ , ,.", '" , . ,,',. , j,. , ~ ,:,' "" ':'7.":,:.: ""':."'~:'''''::\ "::" . J .,,,,,,,...,,1./ ......1 "I, - ,c...'.., ... ;);E:.J~\ !~~~ FOP SERGEANTS & LIEUTENANTS IMPASSE: STIPULATED LANGUAGE ARTICLE 18 SUBSTANCE ABUSE AND TESTING ~f' i~1~1~1~;{~~~f i . .' ( ";-~.'..Y:~~r:(~I,'f~I~J.~'k I: ~ J. , i \,' " '. ...~-(."., -\ .. .' (^~~"f~\~;~SF ' , ~::', ' ~ ;', " . '., , Section 1. Any employee in this bargaining unit will be subject to an alcohol breath test administered by a state certified operator and to a urine or blood test accomplished by an accredited testing laboratory if there is reasonable suspicion based upon observed actions or appearances on the part of the employee's immediate supervisor and the Police Chief, or his desi gnee,' that the employee is under the i nf1 uence of a 1 coho 1, drugs or controlled substances while on duty. An'./, employee subjected to such test shall be removed from duty pending the result of such test and such employee shall continue to receive his regular pay and benefits pending test results. Section 2. When an employee tests positive (i .e., a drug or drugs is/are detected), a second test, the Gas Chromatography/Mass Spectromatry, will be run on the sample originally taken. If the second test does not detect the presence of a drug or drugs, the second test shall preva; 1 . When a ur; ne or blood speci men for testing ; s obtained from an employee by an independent medical facility selected by the City, a sufficient quantity of the specimen shall be obtained for testing by the contract laboratory and laboratory designated by the Union or the employee. The sample shall be transmitted to the contract laboratory and to the laboratory desi gnated by the Uni on or employee as soon as possi b 1 e by the independent medical facility. These tests shall be made as soon as possible by the laboratories. The Union or employee shall bear the cost of its separate test. Section 3. A final test result indicating the employee is under the influence of alcohol, or indicating the use of illegal drugs or controlled substances (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), while on duty, will result in disciplinary action and such action will be considered as just cause. Section 4. In the event that an employee, within g.e sixty (60) days from ratification of this Agreement, requests assistance from the City for drug abuse prior to an incident wherein reasonable suspicion results, no disciplinary action shall be taken against the employee. The employee shall be required to take remedial action. Successful completion of the rehabilitation program shall result in no disciplinary action against the employee. This applies to the first offense only. Employees may use ~~ sick/injury leave in accordance with provisions of Article 7 of this Agreement for absence from duties for inpatient admission and treatment for drug dependence. Ouri ng the term of thi s Agreement but before an employee' is i nvol ved in an incident deemed related to alcohol abuse, an employee may request assistance from the City for alcohol abuse. This employee will: (a) be referred to the City's Employee Assistance Program. (b) be required to take remedial action. Successful completion of the rehabilitation program shall result in no disciplinary actions against the employee. -31- -,w'~"'..'~-'.- ..~..; " fOP SERGEANTS & LIEUTENANTS IMPASSE: STIPULATED LANGUAGE 3. All testing shall be done by a laboratory certified by NIDA. 4. The fOllowing standards shall be used to determine what levels of detected substances shall be considered as positive. Drug Screening Test Confirmation Immuno Assay Gas Chromatography/ Mass Spectrometry Amphetamines 1000 ng/ml Amphetamine 500 ng/ml GC-MS Marijuana 100 ng/ml Delte-THC 100 ng/ml GC-MS Metabolites Cocaine 300 ng/ml Metabolite 150 ng/ml GC-MS Metabolites Opiates 300 ng/ml Morphine 300 ng/ml GC-MS PCP 25 ng/ml PCP 25 ng/ml GC-MS Alcohol ,04- .04% Levels which are below those set above shall be determined as negative indications. (b). Assignment to Vice' & Intelligence or removal from same shall be at the sole discretion of the Police Chief, regardless of the drug screening/confirmation findings. (c) In the event that a Vi ce & Intell i gence offi cer was requ; red , as a course of his employment to imbibe in alcoholic beverages or ingest secondhand marijuana, hashish, crack, cocaine smoke, or smoke from any other controlled substance, within 48 hours of a scheduled 'drug screening test, the test sha 11 be postponed for one week. The offi cer sha 11 be responsi b 1 e for advisin9 his supervisor of the occurrence of such an incident as soon as practical. -33- "~,'~",.~...,: '':''''j,.,.,.;;...~ .,.,.1:.0""....,":",.'1" ';.r:. '..~.I';.....~:~ ~i.v..t....t.o\.. ,';' ..~..'......J.lf~,"'.j,..~:>- ~-..:*.:..9i.'~7;':-.:~.-. , )'),."... ..'. , ' i I " ';',;",\""~:";;\\' :"(',"';.t;,,\7.;.',;' ";l,q;~::'~{~~i~;:~'i,:~!<i';"~~:lt,!',r:~,;r:\" '.'~'\"~:~:::-f'}ft~;;t;\!"'~""!>,:;t~ ,-;:'''.);'';;?~',;.~;;~~~~~i~~f;" (I I ~ . " .. Tl . " .. "j' q.. , ,.J . . . '." . .' .... . ." ".. ...'-.;."".;.,. 'I"'" ." , "'i"~{;t!~;t;,r!it, ,,' . . . . ..... . '.', ,...'... ..... :'~H')(9iZ?':f'ff~W':t1Y . .""""'" ..J,. . , ?(!!II~~lffr:'/" p ,'. "" ,', \' "" t.". .\'" i ,< ,', <"n (.' L.., 'I";':' it' " I ,-, , <Ii [. \1,;.: ~ ."". !/}'j-:lJ'-,r!'i" 'V.:<'\, ,J, _ ~, ~ :,",~.J'\.~"'.,'il;;' t""'\t' . It,,-.. " ;, :~?;t:.);:!~~~~:,I~~:'~~2~ ~~~}~,.ji: ~; :,:.~:~~J., ;l~:0~: ,;'). ~ j , -"l1 r", :iL.\)'.....:\ ~/'\" ~.~.. 'i'~ '-" /'1'".1- ,I,. ,J. . , ".:~f'~~"':, " '._,. .. _ .. i: ~""~"""_"'''''''~=H''' ,....,.~ . .... \'~. . ,- . u.....{~_...";~~;;t..~:~~;.);.L. .' . ~,'}~ - - '.:. FOP SERGEANTS & LIEUTENANTS IMPASSE: STIPULATED LANGUAGE Section 12. Wages A. Pay Schedule ,,~... ;",j't'>;"I'" ...' "",)>",j The City shall provide a 2% wage bargaining unit, retroactive to October 11 19901 by bargaining unit wage schedule by 2%. As a result of said schedule for Police Sergeants shall consist of seven (7) schedule for Police Lieutenants shall consist of six (6) below: increase for each employee adjustment the the steps, steps, Schedule for Fiscal Year 1990-91 Police Sergeant Police Lieutenant ." ,;"",1""", fll,if%~~ ":11 ~~"'0~;~ Step Biweekly Annual Step Biweekly Annual 1 1,244.40 32,354.40 1 1,509.60 39,249.60 2 1,294.18 33,648.58 2 1,569.98 40,819.58 3 1,345.94 34,994.54 3 1,632.79 42,452.59 4 1,399.78 36,394.18 4 1,698.10 44,150.50 5 1,455.77 37,849.97 5' 1,766.70 45,934.30 6 1,514.00 39,364.00 6 1,837.37 47 ,771. 57 7 1,574.55 40,938.35 B. Rules for Administering the Pay Schedule (a) Employees in the bargaining unit shall be eligible for performance review on their promotional anniversary date during fiscal year 1990-91 and, subject to receipt of a satisfactory rating, shall be advanced to the next higher step in the range for their class. Thereafter, employees shall be reviewed on an annual basis and considered for subsequent merit step advancement based on satisfactory,evaluationsl except as provided elsewhere in the provisions of this section. Employees in,the top step in their respective range shall not be eligible for merit increases; however, an annual performance evaluation shall be conducted on the employee's promotional anniversary date. COMPLETE ARTICLE 13, SECTION 12. WAGES (Page 1) -~, , -:r.'" \. , , . 4 .. " .... .. '.. ... .". :- ,~...'~.. _ '", .C"'~" .:.. . '.". .: '~'l 'J".:., ~ ~f~~~~m~$~;;~~ff(.~~~r'~:~l\r.~~"''''~~,'t..'T~~'f~~~'i'\~~','f,:: '(';'mr.';:"~'~'v"';:~r":~:,.",;::t',',f':?t?:':~:,:{:{::,.Fj", ,,': .LX:.'.' ":':, '.:: " " ",' - ' ." .'.,. ",.".'!, . .~~~i~<l.;r.,~<;~\~}!J~~tftl.l~~?}~~;r.tjt~f.1~ ~ ~~~f40"'~~lJ~W'~~t.;r,,~'i:'1~~~~~~~ifI!1f>'m'~i,::rt.;~~1;:~!';' :~~.~~. "~?t'{.>~,^~~,, ",r,'. ,"}'. ':d.': ';; ,,~;:;OK',;;" ';~~:::~,~?t~,,:e,(~Jtf'~:Y ,':." "::Gi.' -, '~, " ";'!~::(' "': "::"'\~:" -'(0.,; ,,;>;t,' ,;.:,~;;, ',,~,-' ," '1:' '/:c.:;.,'.. ' ' , .. 'II . ~.- . .- .:~.'" ," .;. ~.~ _..-'._,~.,p. ";~:":ll~~:'>~ . ,..~:,.I.~ '.... .,.\;.... ,.~~/l'f:~ ,~.~.J~\,;;,:...x~ ~ """[Jr;' \ ~'" ", 'I, \!'ii'>;'1'!'t"",\"~O'~'\\P~,,,~';'<1"%~liil:V~~r~;fw~:';'I",~ !,~~..) ";;;:,,:<1..:'~;:,, >1.I'~}\ '5i:t} ~ t...'l.7)', ""JfpllJ:~ .\'r",,~r.'1l~, ,-~:;~ ~1!l:\I.;l~(1:\:i;.ri ,:;',~,.r.h~.;:' ~;":t:!;'f~~:ij(fX,~:~~~~:'{~;"" ':~~' ".;,,:;".';:;:':: ""\\"'-:'0':,:" ", ',::" ':'.:'~ " ,c'::':."f:};~g~~i:;~:" . . "'1 ....;. " <0. ." . .....-.. ~~~r\"';W;~"~""'Y'f!!j'~~2:''''~'''''1l:';':'''~~i':C~!(\MJ1''i'''f,c, i"X< . <:',i\'1'>?\"':<';)! ,c.,:,.';;:; '\~'~~~r!;:Y?;!,.~?;;6t:ij~:t~~~f:;'f.~\r;'. ; ,.\~,i.;~:.;;~!!~:<';',i".IC~~t.~~1:':':'JY!'fli;~.i~,":";" c:~:'1f' ";;:~/;t'.t~V .\::":~'~~5i'1\~~7'0.r'::r:f:::~)1-~~t7t%~~~~~t;, "";::y~,,i:.,;:!.)':;.:\:,:..!;., :'F':i:?:T:7,:~,~;"":;~~f~~~~~~rs~t;j ,. .,"r.' . t . 'fl ... ,- I~'. .. "-"'," . f,''';", . .''; .~,. ':" .':"":~'. ' ..,...tlitlllrio:i<l!O...~.\l.~~..\"""*"~~'c.,~ 1ill'l.i't.~,\?i~"'I~~~'"WV"'"j'(;>"'" "',:.\1\.,F<:,l'?~~'):~V"",'" .. ,....".:~/:~~t~~~,',/,{..).'. -'~.~;, .~lf;':,.. :-t,!;,{ ..... " ..:' ,'. ." '. '0"' . ,.' """"'::"""""',~~f;"';i""""'''r~~'': ~~:ji,."f<.., : "i.W~:o\fi'i~~~~~'~~'1ff~~:&~~gij!'4e\~ ':{t~.~\,)I1<f' "'J:~:! "':~1"~'7i'~1'~~,"'-. '':/'.)'r,.q. t'1~{:~'~,'::>';'?~>,J~. ~".- '. :n;:'1r'~"':r';' .:,~:~,);Y:r,,'";:,,>:d, ~X;,)i:;.:':,jl. .'i.,' ......, ',' C' i,.,.. :11-- '. ' i:t,. ONION RATIONALE FOR SRIPT DIFPERENTIAL PROPOSAL: The current contract language is as follows: D. Shift Differential. Permanent, full-time employees (other than those on flex-time) shall be entitled to $.20 per hour shift differential pay when the majority of their regularly scheduled hours fall between 4:00 PK. and 7 AM, regardless of the starting or ending time of the employee's shift. However, the City has established a different standard for those employees covered by the Fraternal Order of Police Lodge 10 Agreement. Those workers are paid an additional 7% over base wage for working the midnight shift (Hours 2400 - 0700). They are also paid an additional 5% over base wage rate for working the afternoon shift (Hours 1600 - 2400). This payment is intended to compensate the employee for the inconvenience to himself/herself and his/her family. The Union proposal is intended to eliminate this disparate treatment between certain City of Clearwater employees and compensate each of them in a similar fashion when they are inconvenienced by being assigned to an "off-shift" to meet the needs of the City. Page 2 "...-.;,\""1,,, ..~~". ':.H~;": '. ...y.;. ;....,...:.,;...,: 0" ')- _\........'.~......,: " ....""...~\.. :1'''' ....... J'" . , , I " . .. .... I:.. . . fl', .' " .~~J.':, ~'~'., N '..'~ .j;~*~t~')~.l ' ", ." ." , *"",~"-,,,,~~~,.,,,,<,,,,,,,,,'<ffi':,,,,,,,.~b,,,~,'~~'l1I'~lil,,~~_,,,, ,...i;!'il.1i!!'i~,. ' .. 9~ .' -.~ ~.1.'... ~ IJ '~~''''.~_~\f.ilr'~, .~.p".,.<..,..I~"'J""\':" ""~-"'\ ~'.;,1rM.'g,.~m'*%.f.~"~~",, ,\l!.,,?"'$,,;'.., ,,,':' '",,1. ',-,," ,,',...'.'., ':,..,'.;, .,..., """~"""., \;?~:'y}rt(;'~'::~Jf? ,.,>, ,.., ,:~t:.)~, . " XV~r;;x' ", )", ,.':ir.: .,\~~ ,,;:: 1::'~',,:;:;' " ,,~ .,.., '. tl!"'~All1o.~'f,>\<j"".C.MW~~i.lI';~1<~"~""~t~1~1rt~.J't~, ' ~~~ '.;.:rr';~~f!;~~~!~'\:{ijr;=: '~~~!~;:::1,;~~: ~;f,~<~; ....~t.~~;.?~\~~l..~ 1 : :'>':~' .; >~~~:~~~:~:,,:,:,,:'/:/"'~.'-' J:,:."," _l. .', .." .~. 'A. cl " ,4 , , . '. .. .': A: ". ,. -... : '"' .....l.,. .," _.,,:,!,:" 'ft~...:~~:..". ,to,>!"...., .",):; .~~\~~!:t'., u ~~~1i.~~1:m~"''1~;~)fag~i."g<:rt'! :;\f,\l~:Jf:'~~~l~..!~;;'k'fi~.,~l:,t!;:.i'~~\'7{:'::I\~~~\' .1?:::1~\!ft,*" 'e"'tif:..'} , "{~~~\";,15:~"'i' ": ';~l ~;h\~)7:;'~;'i~":~~:':'! ~::,:.~' ';"~tt'{\ -",' :,,<;jtr,;,,-i:.L, .~~~t,':~ ".j d~?, ..:::;~,},,> ;;,:;':-. .,:.~: ; <:., ..":..; . '~'" ,', .,..,':::: ~ ,: Minute. ,. 8 7.12 13.18 19 . 24 26 . 30 31 . 38 37 - 42 43.48 49 . 54 56 . 80 Tenths of an hour .1 .'2 .3 .4 .6 .8 .7 .8 .9 1 .0 . . 6. Sick leave shall not be considered a privilege to be used at the emplovee's discretion, but shall be used only for absences: (a) Due to personal illness or physical incapacity caused by factors over which the employee has no reasonable immediate control. (b) Necessitated by exposure to contagicus disease in which the health of others would be endan.. . gered bV his/her anendance on duty. (c) Due to dental appointments. physical examlna.. tions, or other personal sickness prevention measures, the scheduling of which at times other than during his/her regular working hours is impossible or unreasonable. (d) Due to illness of a member of his/her immediate famUv which requires his/her personal care and attention. n~t exceeding in anyone calen. dar year, the accumulated number of scheduled work hours in the employee's regularly sched.. uled work week. The term '''Immediate Familv'" . as used'in this paragraph shall mean parents, grandparents, children. grandchildren, broth. ers, sisters or husband/wife of the employee and the immediate family 8S herein referenced of the husband/wife. 7. Any employee absent for one of the reasons men.. tioned above shall inform his/her immediate super.. visor as early as possible on the first day of absence consistent with the Departmental Rules. However, when an employee has advised the Department on his/her first day of absence that said absence will be of multi..dav duration, the employee must call in each subsequent day within one hour before or after normal starting time. When 8 doctor.s certifi- cate has been provided to the Department reRecting a date the employee shall be released to return to work the employee will not be required to call in daily; however, the employee shall be required to , call in during the workday preceding his/her return to work to confirm whether he/she shall return to work as scheduled. Failure to comply with require- ments,herein may be the cause of denial of sick leave with pay for the period of absence. Paqe 7 ........'.-.."1/. ......... . 1- . '" . " ' "" _",.,.,"."'",,....,,'~...,."",;,~.""~.',.~.."'.,"'......"...V"..;,.':'..I><'....~;-:::'.;.;..."""""""'::','-..,-; ~:~;:::-:-~~:<'::~~:';....:::,:,...;:::: I f "\ .',",'o/~'~~\~~'~~ ,,:,:rr!f.~~~t~"1lr~.~:;,,;.'~'ir ' .. <II '. ", .~>:,l,. " ,oN" ,. ~'fS~' i1't!i.,)I~~t~t~.:!~~~'f~W~I\~~W\''''i;/j;lf':~~IfI'~1f;..,..~,:.",~~. \:~N"':':(:"oi' \~::,~ "',' :r~:";';;:T5i';',..;~:"~:l",~(':;""";;': '..l~ \. ',' (r;~;~~::t~;'~::~':.t'::~~l:~rJlf~~.,:' :,~ f' " ~'~'.~,,>v':-. .' ~.... 4..", -"\1, ~. ~~(:t 1_:: ;:.:, (;r. :..l.~..,.,.. .l' -- '.' '.", -- -. ~. 1..1-,,' F"J;:.'.r!\ ~,rl.", .~;t. .ot ~{I~~1l;,n::r.L~It.:J'i.::;~~~.~ ~~fpl~t't-~t~;i11?;~'ftl~r~~~tt~~~~..:ti'I;{f~""'" ~1~.~;'r~~l-"C.~~~~\Jt~t.~~" .~.1'1;r:-;J?:i'~';.:" .~~". ~:l~lt~;:" " ,,> S';~i?:'~1'!,>' i"'!~',:;;~- '.',-', ' .. '" .'. ..::~:,.. ,,;,'X'"i:,-:' . ..CO' ~ ;i~1~?>t'ti:t~~~t\:~i:;.t:r\~~~~~;~i'*~:i~t;\'\~'I~W~~h~fi;i;1iJr:'~';~!?~~~~~!?;:?;;t:~:l~!7!; '1.~~tif'.!ki~":"~~tf},}':":~!~~ff.?::l~~'~~-.;i1)1:'~:Jf~r~f;~f~ '.;,;.i\ti;~~~,"_~:~:'~I~~,,~~"i~k~1~~'!'~~~;i ,:.,::~f,'~<<~:;: ~,\"},~:,,.' \\.':~7"';"~'~;-!~"'~;";"~"~W,"~~:~\i~~YJS~J~~~~~~r~~i?:-~~~?\~'~'i~IJ.t.-.C~:~~:~trf*t::~~~t~~~~~~]~~:' ~ --,...-----------~""-_:__~---------~--.------- ., -~_.t .. . ...~ __ ... 1~~~~;~:~t~~~~".f~t'.:~~.::~~i~;~j~t~l'~~.r)r.:tt\I,j~)~1\~\i~~~~~~IIl~;{f~r!S~(~~!\~i~~?}::.;~;~7k~f"~'~~:~rJli'{~~;~{::~~~'.F ';':~~~l::ti,~~'~I'f~~~~~fti~~~~ ;',';;;,C;?>S\:';<','t:" ,')'~;.;(': '.',,',\\;' " ""~"'}~:~{~~:i!i ,;~" ",,\;"':':'f;i' :",:" ,<~",\~:rr ','.';",' '.:,,:r~0:!:'j:;(:~jJtt)\};.<, ~~~~.. 1"1- .;tl" '\ 'i \t, '. ,~ :. ! , I I - I " ~:~;};..,,"~~~, ;;~~~:j , ~ . ~ '1''''''' '\~:':;1':'~:~;p,:;~~;~~r":r-:'~**'~~~~JI;~:~:r;;(ki:'~~1~,:;~,.~, ~. .~ . .~. ;;-,~-,~~~_-:~~-;-:----~~-~--~~~~ ~~-~~~.---.~~~-.r~~.~ . '. . -.--------~~. . -: . -. 'r.,'""'\\Xt.~~<J.;::~w.~:,,,':!,",\:I;.~f~f~:;JtI,~~,,~~.l'\t\'ili'~:@'(.?';; ''i'i''''N~{g!t;:",,<';<,,;'~~'l'J'lt:f~ff~ffl,1,?~~'''t'l/.' ' ; .:," : ", c!:,:". ',' .. ","I\:X;, 'I: ~,: '-.. "7F:f:~;;~~iK "? '. "~'>;' f:..':'r t:~. ',' '-;; '. ,~,~;~,t> ~'~:~~;f:.; r '.';',F." """' '~(<~!"','r,;:C.,:'r~: . " " , ~~~~r!~t8tt~~~~~~~~~~t~~~,~\~;!ji'~~(~~{~\{:~ir1:?,1~:':?j~~.:;~~f;~i(Yf"'U~j~'~~~~i;t~~:~~;,;""", '7J~---'- .----,~~------ ---~--------. -...---- ---.~, ----. ----~- It. \..-";.t.r '., .,.,;,.,:.. ';o?; :)o';>;~:'~~'Jl':'~:'-i!.l ~..~ ,~ ,"" ."<\~' '.v\t{k[).~~~~~i.: ~~f!~:1:tV"!&~~""1'':'''A',;;r.;~'1:'tt"J!tir,<1l;l\~J.;'~''i';.,,1Il!~l!l;;~~f~it';i';t::~,'1~~{;;~"~?:,,~'i:}~:~\f.,.,'.t~'J.,~"f;,~t~W" "')"l?"):'; ,;,~:,~'l,l~~~!i,,~,," ~"}~".,"~;W'l.;ii; ::::'i:~P,~':, 'tt" ~fJi!J:~?:;', ~ "j' \~~!r'!'J~"~;::l~?r,;, ""i." i'Ji/ ";'f}";l'",,~_k.~;;"j<::', )"" ':'" ,;<.... ", . :"~i"'~'>'" ;.;;"u:,',,~:; ,;,,;~{;;;;-:\; fI 1,1 1 I '1' I 41 .. I .' f" '. ~rt~~;~~~%';:1r,~:~gr;;\r,:t::)I:I'A(:H\{t"~t(lj;'/:~::f, ,., .' t'. ~ ~ : :', ',i \0 ,I \ Article 1 Article 3 Article 5 Article 6 Article 7 Article 8 Article 9 /' '~;:.'i:"it:~\"' J ";,,;~?{" '.:r~r,;~~.Ii"?/~~!i~:nJ,~':~~!~I~i~r?;:':~:fF~t~1\1;~Wtj;'--~~):~';::;;'~'~~l~~: ,,:~,:t:'~'~~~~r~~;!!i~~~~1I'~~'~~i".~l;:r~!:;~'i' ",.\1. " .. ..~._ _.....*........t.........:~,. ....;.\...~~; .......;:.;.:....1;.....,:....:..;." ::;'l..;. i.. ....... .... ~.:.., ,...... .., ~ " EXHIBIT 3 CWA IMPASSE: STIPULATED LANGUAGE INDEX Recognition ........... It ............ It ..... It. Rights of Employees ... II .............. ........ City's Management Rights .............. ........ Grievance Procedure tt... ............ .......... Union Representative .. It .............. ........ Union Rights ............ .............. ........ Hours of Work and Overtime Section A. Section B. Section C. Article 10 Regular Work Hours ... ,.,.. ,.... It ,.,..... Overtime ........... .............. ........ Standby and Recall ....................... Leaves of Absence Section B. Section C. Section F. Section G. Section H. Sect i on I. Article Article Article Article 14 Article 15 11 Funeral Leave ...... ............ ....... ... Line-of-Duty Inju~y Pay Leaves of Absence Without Pay Time Off ........... ....... ....... ........ Union Time .... ............ .......... Maternity/Child Care .... ....... .......... Holidays ................ ..... ....... ....... ... 12 Vacations ............... ..... ....... .......... 13 Seniority .................... I.... I........... Layoff and Recall Retirement Section D. Section E. Article 17 ............ ....... ,...... ....... ... Vacation Bonus .......... ................. Add Back Sick Leave Injury ........... for Insurance ........... .. ....... ..... .. . ..... .. ... ~- .....~' . '."",', ..,;,. .--....~.... "~' i -.. _. ..' '.' ',01.. "'" ,'to', 'I Page No. 1 2 3 5 9 10 13 13 13 14 15 15 16 17 17 19 19 20 22 24 25 26 26 26 28 .' ......:,.. . ..., .~.. I I ~ :":. , ,~'I' . ':\'~'r' ") 0 :;;,," ~' " , >. ~.. ',': ~: / , \,:C' I 't"': I , 1 , I - ;, .. '{,' '" , ~~. " It:. t.' i . - ~ . . -, ._ 1 ..'''_ .;~,~.,,:...) '{ '.;,..~ ~\,iJ,".;~~. ." "'""" ,,' .,..~<,[~' ,4(;"Wr~' ~!~, P.;I\-::,'" :'.'If.!:'N.~~:Y ,..~~y. '\<:l:'%r."m ;."'~~ ' " ~trM(I;'~(-.:r!t)>i'~)"~;FR'!i.;Jl~J,:-:;!;~r;l$f.~~~~,~*}i\~~f,>?'" .f '.' "''0"1 r"{:~,;(:;::i'" ,'_ .. ' ' " ',' ',' ':i;:G"'" '''ii' '''''~l~i!i!;''''''?;'"dl;iilt~&iw,}}'ii,Mi''';' .' , .',t.:; ~:::, '1 '..'~ t :1':.. " . \.~. -'; .~~{:.:..,:. 4", . , " . (' "u:.,; .;. - " ~'.~, !': . ....~ ~.,:..: :,l..... ", ;t ;~:':;"::;'~~:i>.:~.j , -:' "'. ....":'.. ""'~' .. j " , ~ Article 18 Article 19 Article 20 Article 21 Arti cl e 22 Article 24 Article 25 { ,I... " ,.,~., . ,:,,: l \ '''t, ',-> '. I;' " . ~-""'''-'''~'''''--'l'~~~'''''lM___,..._. Health and Safety <'1\...::,.:,': l.,.. "'/, f- ,', '. -,) '.... . :" .', " \" . , , I-!'''. t.,,~t': \'., ':.;' 'l.~,>' \ . ~n "'\, I '....-:--.;:~ "J 1 ':" .. , \..:............... ..:A, "'~,' , ... ,_~~ h_,.... "".~_........ .....~._ ~._ ..__________~.__~., ............ It ..... II ..... II. Job Description and Classification ApPointments and Evaluation ............ ................... Miscellaneous General ......................... Discharge & Discipline Drug and Alcohol POlicy ............. ..... II .... ....... ............ It " Duration, Modification & Termination .......... Page No. <ii{! 29 30 32 38 40 41 46 !G1.~~1~T:~~,({~~~;'I':':"\!!~it'~}~':'i':( ,'. ."":'<::1{:'l":'.' ~~<l>ff\~"ii,"l'('~i')'n,~,p"';I'~$;t!!!~'h;;~;<';~;\i"{ ..t"""",r:';).rt;"-'':Y',,r'\~~:~(R:1~'1<< . .j.:.. , . -'I' ~. !~1.~. f,ll, l., ~ ' ':':::'r;,f.{?!:,ii~Mt~;r~\~:~' ;,".:: ' . .,.... 'i ~{~VIJ. \./ ~\:t '-", .....\ :".~. ~~!~~(;~;,~,~;J;;l,'.:}~~';~';'" ,~~... ':"~~{lj~;~;:e .'1" .:/~tf~'r;,->~~'.:>(:,:;. . . ~:' . '.' ,;.~)~i~i~:':;j,,',;J ..~.. :~,fi]~f~~~~f1;1~,t'/ ..;!~ ~~;:~~:r::~'~:;,;;:i(~~~,~~i'(:;~~/~~:" :~' , , ...,;' ,:~ , \,....." ,':,' ,,(-,<''-^V'" I J ...',.. ""e" ',:t~' '.'. .>!..J. ".'!:!;; }~. . ;,~,'~\'''',~" :',; .~.<".'... :";~G;.,}.{~h~.'.,::' " . 'J .~ ,~ ;'~""':' ,~~ '" . ',,~\~ '..<\.,..:!\~ "', "~:' '. C' .~ ,'" ""I.,, .-,' "'''r:' '_'I "O~ll f I, ' " ... ". It, '.' ~~~~~. .t:'.,::~.~\ ,.;. . ~ . " "\';',.", ...., , '..' <. \;. ' I"~ , \ J' ,I ::,,' "',' ....~. .11,>, . ..r" ..) . . .\~ ~~ > >" \.:':~"> :~' .~.~,#~ ~,...' ....~~~t~~~4~:fS!,~~.. ,.v.. ~ -'~ ..' ..!" ,. ,~..,t.. -',.... .......... .. <4" .* ...... . ". ..,. IMPASSE: CWA STIPULATED LANGUAGE ARTICLE 5 CITY'S MANAGEMENT RIGHTS , , , , ~~~ , eraH on to, , d;30rder!, Manager or rate3 and other , pro~;3io"! of th;! Agreement may be !~3pe"ded Mayor d~ri"~ the time of the declared emergency, pro~;d~d that direct monetary payment! !hall not be 5~5pended. City 'Wage A. The City reserve9, rights of management which have provisions of this Agreement. The are not limited to, the following: retains, and is vested with exclusively, all not been expressly abridged by specific exclusive rights of management include, but ( a) to manage the City generally and to determine the issues of policy; ( b) decisions; to determine the facts which are the basis of management activity (c) to determine conducted by the City or the necessity or and to expand organization or diminish of any service services; (d) to determine the nature, manner, means, and technology, and extent of services to be provided to the public; (e) to determine methods of financing and budgeting; (f) to determine the types of equipment and technology to be used; 3. -:--- " ," ", ',:,' ,,_ :,'...,"'. .. ,.. '.',' .r,' u..~" ' i':' ~",r ;~ '\.'il'iiiwi! <''':!U, ':i'~ \ \ .. f.-.' . . :,11: ';. ..~">':< t..; '.t:''':,l,. ",:'1.. _.)~:::~tft~~t;:~~}/!'J;};lW:~~i.~fh.J'(C~\l~1-~;~(-r!~~:: .. .......'.. , ","\.", ><.." ~\:'.",,;"''''~ '. " " "/..'! ",>.:.: '.t:. ': ,', " '. I ' .." .:. . :.:"i. ;," ..,.', "'", . .., .,' " ' ". .': ."'. ,~ '~"''''K'~' ...~',., .' ., '. ,....,..,,', ..<'..', '......~.". .J~::W~11~j;:c;~p. " . ' : ',C ;:\;"i,:;~;r'i'!1,;;,il1.\~j?":r}~!:';!i~;;;;~?)i~~~ "i ,'.' : ,\'- \.,,1.... :." I" .... ;, ..', '.,.,~ ;,.'" "".. ';,,' ,.". -:., ",",r, ," "1' " I "H . _. , : '<. .:~~..,y.~ .';:i~:.;:;~.... ..>~'" .:~.7(~!~~/:':~\",~,;"" /.~ i~~k'f~i4~;"'~~~~'",H""""~"'" "'l~' " 'J' , , '~'" ':".",'A' ".;'0( :.,:~l :l"" ~~, :f~~~(~;~~" " / '. ,/ :,'.':'.1;,1~"_',.,_"~_,~"".,,,,,~ ..... . _~. , CWA IMPASSE: STIPULATED LANGUAGE 1,:'.~; " ;,:, (g) means and size conducted; to determine and/or change the facilities. methods, technology, of the work force by which the City operations are to be (h) to determine and change the number of locations, relocations, and types of operations. processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City in accordance with the practices followed prior to this Agreement; (i) to assign work to and schedule employees in accordance with requirements as determined by the Cit~, and to establish and change work schedules and assignments; (j) to relieve employees from duties for lack of ~ork, lack of funds or any other non-disciplinary reasons; (k) to discharge. suspend, demote. or otherwise discipline employees for just cause; (1) to determine job classifications and to create. modify or discontinue jobs; (m) to hire, transfer, promote, and demote employees; (n) to determine policies, procedures, and standards for selection and training; (0) to establish prOductivity programs and employee performance standards including, but not limited to, quality and quantity standards and to require that such standards be followed. (p) to maintain order and efficiency in its facilities and operations; 19) to establish and promulgate and/or modify rules and regulations and standard operating procedures; (r) to alter or vary past practice and otherwise to take such measures as the City may determine to be necessary to the orderly and efficient operation of its various operations. functions and services. B. If in the sole discretion of the City Manager or the Mayor it is det~rmined 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. 4. "..--... , ' " .. - \ '......;.'.;'::.' :.\'.~/ .:. c..'r:" ~.,~ : "., ,'. :;~ 'Y,t'::!, :\,\':i:;~/;'i:;~':t~~~X;f~~?~~~{~~~~!t~rl4'~f.I,\;~:i;' !, .~ l"-' . . ",', ~, I " ' ,.', "" ,,' ,J, "rs'" ' , '" '".',' ..":'. :'. . ",.." '" " " .j.. , i " ' ,. .' , ", ',' j . ~. ;,1, . > ''..' I ..~ --~. . .~ ~'. . pi . L,:t " "';~;j~~il~~;::.sh\:~':':""'_""" ' ..' . '<\ ~, I -- .,~..I..,_.._-'....,. ...l".:"~""'~'.\h."_'~ : ... ., -.. _ '-. ..' ~ -- .., I ~ " " , . ,. , '{ "":" ,J,',,:~:."'f.' ,,!''''.,' kj\~<,:,i:;,>:<r. ... .'1: · cw~ ~~r '1\;, ., " '.' '0<' ".." ,,1 ,:;~~~ IMPASSE: STIPULATED LANGUAGE" ''t{; . . .'.::.\\, :,m ".'. ~ . ~E:!', ,', ,',:?i \t. ""~~""~"'I'"r,,,,"Y'i..,t,,,..,, ,.,> .', "~ };,'.~H0t@~~~i.i~~:t~::j.{~~?{}:~, :~{tjt:::;:~:::;:,/~?:';,';:." ~ ..~':',~>":i.{q.0^,,~f..ll-..<!...,\,f.... \"_",1 ..'......,P.. . ':.:. ~ 1,~:,"., .~l?t: 'q",\ ~i . -,~;~f 'l.~~:.:;~ ~~;~0, ;;~: ARTICLE 6 GRIEVANCE PROCEDURE It is the intent of this Article to provide a means for the rea!onable fair. expeditious and orderly settlement of disputes that arise under this Agreement between an employee and the City. All employees and supervisory personnel should, however, make every possible effort to settle differences at the lowest possible' step outlined in this Article. A. A grievance shall be defined as any difference, dispute or complaint regarding the interpretation or application of the terms of this Agreement. Grievances may be filed by the City or by an aggrieved employee through the Union. Probationary employees shall not have access to the grievance procedure during the probationary period. Grievances initiated by the City shall always begin in Step 3. as hereinafter provided. B. No employee or group of employees may refuse to follow directions pending the outcome of a grievance. Employees in the unit will follow all directives. even if such directives are allegedly in conflict with the provisions of this Agreement. Compliance with such directives will not in any way prejudice the employee's right to file a grievance within the time limits' contained herein, nor shall compliance affect the ultimate resolution of the grievance. C. It is recognized and accepted by the Union and the City that the processing of grievances is of utmost importance, and therefore grievances may be processed during normal working hours without loss of wages when the absence' of employees or supervisors involved is reasonable and will not~ in the judgment of the Department or City, be detrimental to the work programs of the City. The City will attempt to accommodate all parties in the processing of grievances. D. If an employee selects the grievance procedure, as hereinafter set out under this Agreement, it is specifically understood that said employee has exercised his option granted by Florida Statutes 447.401 and cannot thereafter process his complaint under any Civil Service appeal procedure. Any employee selecting the grievance procedure shall discuss the grievance with the Union representative after which the Union will advise whether the grievance is meritorious for processing, and shall be formally processed as follows: E. Normal working hours shall be 8:00 a.m. to 4:00 p.m. on normal work days which are Monday through Friday. except holidays. Step 1 Within ten (10) working days after such alleged violation is known by the grievant, the aggrieved employee and/or Union will present the grievance in writing to the employee's division head and a copy to the City Manager or his designee. The written grievance at this step. and at all steps thereafter, shall contain the information specified on the grievance forms. Forms will be made available to employees by both parties. 5. ti...___.~~.., ;;5:';"""~~~~'~~!~:;'~''';~\'';:W';'':"\\:}':':'' . ~:\:. ~~~'" \ ': . ", ;., ;. ',' .... .:. .' ~' , : ~ .,. .' . ,~ " .' '". .',:, .' . " . '," " ," " ~: .1' " ...., .'.TO I"~ .:1'"".',I~h. Ii.....' it.... '" Ii' ,,' ;,1 'R ",L~l,~ ~(j> \/(i:~~,:~~.~~?~t:~~~'.::.<:"::" I_~/. l,~' I.' "J~'r.:~:..::'~<:~~~.t'~.ft::'t~~;' '~. . ~.. \."t"~ ,.l...:. :.J.\f,...i " t.. ',~' .' .,~ It ,"r( 't'i. " , ., . ~'.ti~:J~, ,.,.',: ,.':;\;~~l;i~~'" !;:/,\i'l: '.~': ", ,t:'.:-.:,",'." . :!/:;~l:".,~I'>>i0""A'\"''''".c ....J..... ..,._..., , "'l,)~~-,,'l'.1,' ~~\I, ,I ./ ',,'" t I{\f '~ii:.~,j:,':;~rr.~:~(r~~'~::ry~'~'>l \:"~ft, '. \ ", ;':'; t~r~r,"~'...'''.~'''''~:I*~dli\.~U''''-i'~:i ,',' ",," " ,,",,,,,J,,t~.t1;,/o, .,,,,,,.",11,, .'~ ,. . .l~,. .J".,I"i!j{;(.'1t, ",,/~J,~,"'''-:''l'[\::i ,;'t~ ..:P~1.~\:"'~.:\ .. , . V:~t~.I,J." '';~ :?~f;LlHfi:; T:;l~~i~1!h'l~~~:~~:, ;:- . ,". of ....'..-1' ", '" "",' ",> ..,..... " "-W!;:~ ,~:,~: '. .~~',.. ;;;:r>i:"" ,.,.ri -" ' , i" . ,';., '~/; f~~/;' ~ ~. \ ';. . ..... .~ ,., " J,. \'\ "".' ". ..,;:; . .. ,... .:, ~.' . '.' ~..~ . . CWA IMPASSE: STIPULATED LANGUAGE Grievances submitted which do not contain the information reQuired on the form shall be returned to the employee and/or Union for completion. The employee and/or Union shall be advised as to why the form is not complete. This shall not extend the 10 working day period. The division head will arrange for a meeting within five (5) working days after receipt of the grievance. The grievant may have a Union representative accompany him/her to the' meeting with the division head to whom the employee is responsible. Discussions shall be informal for the purpose of settling differences in the simplest and most direct manner. The division head will provide the grievant a written answer on the grievance with a copy to the Union within three (3) five (5) working days from the date of said meeting. If the grievance is not resolved at Step 1, the Union, within three (3) five (5) working days, may appeal the grievance to Step 2. Step 2 If the grievance is appealed to the department director, the department director or designee will arrange for a meeting within five (5) working days after ~eceipt of the grievance. The 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 grievant a written' answer on the grievance with a copy to the Union within five (5) working days from the date of said meeting. If the grievance is not resolved at Step 2, the Union may, within three (3) five (5) working days, appeal the grievance to Step 3. Step 3 If the grievance ;s appealed to the City Manager or his designee, the City Manager or his designee will arrange for a meeting with the grievant who may be accompanied by representatives from the Union, within ten (10) working days of receipt of the grievance. Both the City and the grievant shall have the right to include in its representation such individuals as they deem necessary to develop pertinent facts. Discussion shall be informal for the purpose of settling differences in the simplest and most direct manner. Acting for the City, the City Manager or his designee shall, within twenty-one (21) calenda~ days, provide a written decision to the grievant after the hearings have been held with a copy to the Union. If the Union is not satisfied with the disposition of the grievance at Step 3, the grievance may be submitted to arbitration. Step 4 - Arbitration (a) Within forty-t~o (42) twenty-one (21) calendar days from the receipt of the decision of the City. Manager or his designee for an employee/Union initiated grievance or failure to resolve a City-initiated grievance as provided in Section E(9) hereof, the part~ ~equesting to arbitrate the controversy shall give written notice to the other of intent to arbitrate and ,shall at the same time request a list of five (5) arbitrators from the Federal Mediation and Conciliation Service. 6. .-_.--:----. '\ '.....' .....' .~.'~- .,.c;::~ 'fl. ~~ '~"""'...l~~-'. - -"~-- .i .,V. :\.>,..,.:. /0> ~ \ '... ..~ r':~"'" ,,*l't!-,r.' . . '';'" .~',... t;~, {'~\-J.'tr:~'.~:iJ{l.~;'~" . . .a-..:'I:,..r. !!.If-.-. ..... ;,,;.,~:... .' ""~"t,t';:I~I!-:'; .<e;~"/J","""'Ji;;~.~t"~..~t!~~}'::;'l:<'l~,~r'l\;;''';':~.v~: \,~~\lI'('~;;:~'J :~-~:' 'r".' '~r~;'~ ,",' ::'~ ,:0;,.'._" ,,~,,:>;;'~';' -' '".' .:":.'.:. . ". "Ow .l'.:~i:~:" \~~j.'~~;~~:'~~',~.y~;;;.-::~.(~"::' ,:;:-" .~\~~. ...~.'?~.?::' .' ..:.?J'~.;., '::~ ,:.,~"~::if~??'::\'~"~.,~ ~.:~~.: 1.....1..:., :..1~,.:~,,:;, : ". ..: , .,," ~ ' '" .' " - , . :'~~f,~~'.':'~I~;;. ;,.,,;,r, ":'?~;l}!~5t~~~Gt~~~~~[it'lf'1~1~ " :\ ). ':'.' :;~,\,' ;.'':,'~. J",'~' /'~\t. , , ,. ~. ,', ""~ 'f...",.."V',.._'.t.I~;;;,..,."....,.;l'.~'\t.:,t.Ht:t: \",'1.'. .,.... ,',,' ,.;...0.'1"..,.,.,: :."il t ';!9fkr:<Mt.~~:1:rlJ": .]4..\,.. , ' ,,_~, ~.' ;'~ ~ {'.;: . ';. J~ :.; .' .;.~.\t ~'.j.~ ...~~.:'y'.~.~ ..: ~ .~~;; ;:";'.~ ~~~' ' '},"" ':~:;.,r,:")r::,:':"" . ~ '1 '\:. .\:,":-:< .';", "~' " .:,~,.: '_. -: ::. -4~:,.:; .:~.~,>::_). ,'I" ",;:~{".;< ~:1c1r::~1~!ti~~!'~;"';\i~?::(;;~'~'::;:;:;::;:~;::-i',::, t.'f;,~ ,.,"";",','i ''',' ",' ../ '. ;.' .; ,'1.: \ :',: ..:....:.<~'.,.',." "\: ,,f '"::::!-~:r: ":;;'f:~y;:t!d1:;;ill"':";W':-"'_. ,,_, , 'l't .'1~ ,'>; . :~i!:~, ~".~,k ':j~~ :'~~'. ':"\~: ",S:, ';:X, ..' .' CWA IMPASSE: STIPULATED LANGUAGE 3. The term injury as used in this Section means 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 under this Section. 4. Should an employee become unable to perform his job duties due to an on-the-job injury, he shall have the option of accepting a demotion or lateral transfer; provided that an opening exists in the position to which he is demoted or transferred and provided further that he is capable of performing the duties of that position. The City shall have the right to require the employee to take a noncompetitive examination to determine if the employee is capable of performing the duties of the position he seeks to fill. 5. The City may establish such reasonable reporting requirements as it deems necessary to insure the application of the 1ine-of-duty injury pay as herein described. 6. Line-of-duty inj~ry pay 3ha11 not apply to any !mployee who ha3 completed one (1) year or more of !er~ice nith the City. Line-of-duty injury pay shall not be provided to any employee after the third year of employment. C. Line-of-Duty Injury Pay 1. The City will provide 1ine-of-duty injury pay with no charge to an employee's sick leave or vacation when an employee with less than one (1) year Of service is injured on the Job to the extent that such employee misses scheduled work time. Such 1ine-of-duty injury pay shall be provided for a period not to exceed ninety (90) work days during the first year of employment for each specific injury. 2. Line-of-duty lnJury pay will be provided from the first day of injury for those defined in #1 above, however the amount paid shall be only that amount required to supplement funds received by the employee from the Florida Workers' Compensation Law and any other disability or other income plan provided by the City, to the point where the sum of all payments is equal to the employee's regular base pay at the time of injury. At such time as the employee receives hiS/her initial workers' compensation payment, the City shall approximate the differential needed to equal the employee's base pay and shall provide such line-of-duty injury pay to equal the employee's regular base pay rate. Any adjustment to the City's line-of-duty injury pay under this policy will be made following the employee's return to work or at the expiration of the ninety (90) day period for which 1ine-of-duty injury pay is provided. 3. The term injury as used in this Section means an injury which occurs on the job only when said 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 ex~mination by a physician of its choice prior to payment of any compensation under this Section. 16. .. . . ~. ,~ . ",,~ r;: , .,. 1"", '\ "'''I II; " ~f' '," C " ';- I' " , . ~ .' . ,', '.;' , , . ..<.' ~ ./. .. I . .-., ."..~-....,,_.....~ ,-.y-...-~ "". ',;."tro: . . :", :,' ~'.: =, . '..,'.,1,' . ", ~'." .' '- .' . ,~ ' ; " '\, .'. . '<: '.' ., -"/ !;' "'i " j' c; , ? " - ~. ' ~ .. . "j <c'" , ,....., :',"'r..""..,',.., '.: , ~ : ,,'j. ' , . ' " . . '", . :, ., ,.:';' \ ,"', " , ".:. ..' .J". , , .' , , , .'. ;" <.-;j" , . '. . " '.' ',' . .: ,.j " .~"~.;r;: '.: ' .' " ' ,', ,', '~1~tt~~~;;.__\,. '" . ' ,:'(.~ ',,'..'" CWA IMPASSE: STIPULATED LANGUAGE 4. Should an employee become unable to perform his job duties due to an on-the-job injury, he shall have the option of accepting a demotion or lateral transfer; provided that an opening exists in the position to which he is demoted or transferred and provided further that he is capable of performing the duties of that position. The City shall have the right to require, the employee to take a noncompetitive examination to determine if the employee is capable of performing the duties of the position he seeks to fill. 5. The City may establish such reasonable reporting requirements as it deems necessary to insure the application of the line-of-duty injury pay as herein described. 6. Line-of-duty ,nJury pay shall not apply to any employee who has completed one (1) year or more of service with the City. F. Leaves of Ab,sence Wi thout Pay 1. Employees are allowed to take a leave of absence without pay up to a maxtmum of t~elve (12) six (6) months, if approved by the City Manager. Employees may request extensions of additional six (6) months. Approval of such extension request shall be at the judgment of the City Manager and such approval shall not be unreasonably withheld. 2. Upon expiration of an,employee's accumulated sick leave and when the employee is unable to return to work,upon written request and when-- ---- supported by medical documentation, a leave of absence without pay for not more than three (3) one (1) month~ shall be granted for the employee's continuing personal illness, at which time the case will be reviewed by the City Manager for consideration of an extension of time, if necessary~ and if requested by the employee. Any such extension shall be consistent with provisions of Section F-l hereof. 3. Failure to return to work at the expiration of an approved leave shall be considered as absence without leave and grounds for dismissal, but upon timely return from leave, the employee shall be granted and given the same position or substantially similar position without loss of salary or benefits. 4. There will be no accrual of benefits or seniority during such leave. During a leave of absence without payor any other non-paid leave or no-pay status of an employee exceeding two (2) weeks, the emplo~eet if he/she desire to continue hospitalization coverage for themselves and dependents, must pay the required premiums through the office of Risk Management. Failure to ~ay for such continuation shall result in the loss of coverage. G. Time Off An employee shall or may be granted necessary time off from his duties with compensation for any of the following reasons: l~ For pre-induction physical examination when so ordered by a Selective Service Board. Time off shall be granted for the minimum period necessary to comply with such order but shall in no case exceed two (2) regularly scheduled work days. 17. -:---. \ .;,'. <' . ~'''~?'(,.:/./, '::::'::'... . "'t:<:';~~",,;f'. i:"~'~:"1tJ.;f~f;r~:t~':~~~;1S~,~~;tsg~~j:~Jrri',::.:~r~r1; ,....3..: . . . ~ .' _.~-~--~~;:-~--------"'----~~---'---"',-~----'_.__._----_.__._--_..._-'---~-'_._..~.\~---~~---T~-'-.v~'.-~ .0'... ' ,.,... ",'..., ,",,' <A><"."..,,^, ' ~""'",' ',., , <' ",., ~,...."k.." ." ""~"",,b.." "".,." . "I"'''''''''.. ,'" ':"~."_' u, ,~"" li<o:~~ """,,,,\I}f;(." ,~/~,~:;'1~!1',~!i~<_ J~~,\~!: :~'t;:::\- fr'f"::,'\~'n .f:t.fi"'~~;. .?y~r.:~$~:;:;v.rA":;t:'f-(~/'..~~i.'~ ,':-;lJ{.~J~""~'" t.... ;:,~/~::;i~t:~::v 'l.(...t~'h :-I.~'d7'it...;.!. ;.~\..tl .'-,-:,.r-.-. '~~l'!..;'WI'r"ti~i1~f.,~ 'h..~' ...~-:;~l,.r~~J':~./!~t)~;.,.\;",lft'\~i~~i~'11!-~}.'.,~~_i.~~ " "" f ',\:~. ~ '. i ,., ' '; ,,;;, , . ".":!' :' ":; :. ::, -, . " :'?:'/: ~r~:::~:::)'"'~~i':[~~~;~:~!!'r/~~,:~T'~'!i,;~:';':" \'~f::~'~ :~;,,~~:;~p':~h~r;~~:~~f;~~jt~:~'i::~\~ - ~..... Ii ,; ,,"'_~' ,',;", -,~----~-~'-------~;:,:, t'i":\';"~-'~~;~~:~'~~7~;:,i~;~~~~;iWjp~~:~i~~:""-'Y~,:"C-i"r"'~Fc'i--'~"~'~"-T"'~'F~"~-" .' .' ". . . ~'. .. ... " .'1 . ",.... " ~': 'l ," .....~-.... ,.; ........1-... , ..................-"'~~.~,~J.)....:.;.;.../I/J~ ,J<.- ""-n,'....H< _.f;; ....~::..'t!:."....... . .l. .",".~' ...~.."'--_...... .............-~.-........~. CWA IMPASSE: STIPULATED LANGUAGE ARTICLE 12 VACATIONS A. Regular full-time permanent employees shall accrue paid vacations in the following manner with the effective date of this Agreement. Vacation Schedule Years of Service Vacation Days 0 0 1* 10 2 10 3 11 4 12 5 13 6 14 7 15 8 15 9 15 10 16 11 16 12 17 13 18 14 18 15 19 16 and over 20 *As of anniversary date A maximum of twenty (20) work days vacation is earned after .sixteen (16) ye~rs of service. The same vacation schedule will be continued in the second and third years of the Contract. B. In the event an employee is promoted, demoted or transferred from a full-time position to a full-time position with greater or lesser biweekly hours, such employee's then accrued vacation hours shall be adjusted, as appropriate, to reflect the equivalent vacation days. C. Permanent, part-time employees shall accrue five (5) days paid vacation at such time as they complete 1040 hours, exclusive of overtime. D. Regular full-time permanent employees who normally work a schedule inconsistent with the 5 day, 37-1/2 or 40 hour work schedule, shall accrue paid vacation on a schedule proportionate to "A" above. E. Upon separation of an employee from the City service for any reason other than dismissal for cause, he/she shall be paid' at the time of separation for the unused portion of vacation leave for which he/She may at that time be eligible. Such payment shall be authorized on the appropriate record of personnel action and shall not b~ deemed to extend his/her employment beyond the last day actually worked. 22. '~', ,,'. :,'..":"'P~"'l~.;:~';;......:.~.:,....H.c..,~,\"', : '..~;....l;..""~.f~- ".....;.;......~." , . - ..', t; .. " " :'.: \ .\ . I \;~ ,\,' ..' ,.,l' ' J' "\f>'~ry.?~)'Pr.~~:(,":N:~.~~!'^~j;;~;-1;I,~~~<""'t;~,~: 1;,t;~~i;r~~~~tt#;1'\~}; ~~;, ' :, (, ' ". ,I '-:. .' . _ .......u"'".."....~f_~.:i i..:...;~;...:;.,~_:.;'...~ ~.!..J....;,,~.-"... ,. ..,.............~..,....-...................t CWA IMPASSE: STIPULATED LANGUAGE ARTICLE 15 RETIREMENT D. Vacation and Bonus to be Credited Toward Retirement 1. Vacation Accumulation - Any employee, six years prior to retirement in the City Pension Plan, can begin saving and accumulating leave earned up to 50% annually toward early retirement or a cash settlement at the time of retirement. The amount of accumulation shall not exceed ~ 12 weeks for this purpose. The employee must submit formal notification of the intent to accumulate leave expreSSly for this purpose and the date the employee plans to retire. If the employee elects not to retire on the day indicated by the employee, but to continue to work, e ~eeks one-third of the accumulated leave will be held in reserve until the employee elects to retire, and cannot be used prior to the time of retirement. The remaining eight week! One-third shall be used by the employee during the year initially designated by him as his retirement year or sooner, otnerw;se and the eight weeks remaining one-third will be forfeited. 2. Special Bonus Days After 20 Years - Upon serving a total of 20 years (consecutive) with the City, ~ !rr employee who was employed by the City prior to October I, 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. Tni! 15 day! !hall h! incl~ded in the total of a maximtlm of 16 weeks de!cYibed in vacation undey tni3 item and n~t be con!idered a! an addition to the 16 week! accumulated. No bonus days shall be provided to any employee hired by the City on or aftar October I, 1990. The schedule shall be as follows: 21 years servi ce, 1 day 22 years service 2 days 23 years service 3 days 24 years service 4 days 25 years service 5 days 15 days rn the ev~nt an em~loyee c~rre"tly has an exce33 of 21 con!!cut;ve years 5erv;ce, that employee shall begin to accumulate, based on the above schedule, begin";~g at th~ specific yeay he ;3 in as 3hown above. The employee may continue to ace~mu18te such day, in exce!! of the 2~-~ar limitation at 5 additional day! ~er year, ~ot to ~ceed the total of 15 days as prev;oti51y descr;bed. E. Any sick leave taken after the effective date of this Agreement as the result of a line of duty injury shall be added back to the employee, as unused accumulated sick time at the time of retirement. This relates only to injuries and re-injuries wherein wages are compensable unde~ Workers' Compensation. E. Any 3iek leave taken .after the effecti~e date of this Agreeme"t a! the re~ult of a line of ~\;It.Y fnjl:lry 3hall be added back to the emplcyee, a! 26. If("~w:..~. , "" '. ~ , >>., :-"""'..............- . ,'., '-" ',.,. ,.......\..; ".-: l' '\ rtJ~t\~~Jk~1r~~t.~~~~~\~1~f~:~\.~~~liit1.t\:ipr~-rtf~~~'f~1~;,:~?;'\1,?' j ~;.f~";'.",!~~ It." ....:~(~.::1tf.~~.;~.: ~,,':.~ '. "}~:'~~ '. ~ t.~..' ~J J; .,~,;~' .,;"~' .' " ~ ~~.~"': :5\~F;,!{.":';:~' ~. ::r~~~~tr\I:~~~fc'.~:t~f,it;~~~'~1'~ .~~.tr~~(.5;{! ;,:, ..:;~;~ '.'~~l.) .~' .....~:.: ,. . " -, ",' .. ~-,~~---,------- -~-~--------' u.__, --. '" . u .-~~~:'1;~f-~;'~';"~f~;~,-~""~,,:~;,ii~~'~~'~4;~\r:~(f'~f~~{~~\~~~~~",., ", :. " ,: ,', " '. '. ; I,~ :" :'," ...~ . 'I' j . \. <' ," 0,- .' . ~ . . ,':. ",. " 'I, " "./. " , :: " .' 1'-" .,:..}.. " , ! . , "'..<,'."~\R".t~,~~.<,,, , <I . ~ w....'.,..,: ..', ...:_t,',J...I.'~"",,.....,.lJ""'."<', _ '" q..... "." .~_.......u...____.._......_._.. "".""1:,',,,"'" " ", ;'i ."v~",',;'"",- "?i' '...."'"f'"' ::.1;;i'W;,q;,j;{?\:i'~.i/:~. .... ~..jJ. l:ffJI'w', . . ., ~t ,.,1,,1 -'\~""<'''I' ",.1 ""m',:k~ ,~. :;~e,,'~;};';:;,:(<:~J:/'\:;:: ;/:1 '::,: ':.:;,',: ,">"" CWA'\f i.,."I,'. I' ,', ' "~I, - f" .' IMPASSE: STIPULATED LANGUAGE ~i~j~~.;;:~?~:\i;'~::\{:~/;i/'~": }~ ",,' ~ )).......'1".. \.'4:'""t'''''~'l \ 1-,' '." " " ~';"'l'..\l"~;'''j.:,.\?i;,,;ri'!'};;''~':~;'''' '" ...j -. .'"" :". ARTICLE 20 APPOINTMENTS AND EVALUATION A. All appointments to cla!!ifiea !ervice 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 Personnel Department. Examination results will be made available for employees' inspection upon request. B. Examination announcements for jOb classes for which competitive exams are utilized in the bargaining unit will be prepared by the Personnel Department and mailed to each City Department for posting at least ten (10) work days prior to the filing deadline, except that examination announcements shall not be required 'for promotional exams for advancement consideration in an Apprentice Program which has been established by the City. C. The City agrees to use to the maximum extent the skills and talents of existing employees in the unit in order to achieve the resulting benefits of higher morale and reduced turnover. In filling positions in the unit, the City will give concurrent consideration to persons in and outside the unit, but all other factors being substantially equal, will fill such positions by selection from eligible candidates in the unit. This shall not preclude the City from giving promotional examinations restricted to City employees. D. Promotional Lists The names of all persons who may be lawfully appointed and who shall have attained a passing grade on any promotional or open competitive exanlination shall be placed on the appropriate promotional list in the order of their final grade, without regard to time of tests. Provided, however, probationary employees shall move from the open list to permanent promotional list upon initial certification and upon written request by the employee. The names of two or more eligibles having the same final grade shall be placed on the list by arranging the names in order of seniority in the case of a list for promotion. In the event of duplicate scores and seniority, the names shall be arranged in alphabetical order. E. Duration of Lists 1. . All promotional and eligible lists, whether resulting from examinations having a closing date for receipt of applications or from continuous examinations shall be established for the term and period of two (2) years from the date of the examination which established such eligibility. 2. Each name placed on a reemployment list shall remain on such list for the term and period of one (1) year from the date of resignation, withdrawal, layoff, demotion or return from authorized leave of absence. 32. . -;---. '". " " ',> .... :/' . " ,.' " :" " , "} , " '. . . ~ .. ,~..... " CWA IMPASSE: STIPULATED LANGUAGE H. Types of Appointments All vacancies in the cla53;f;ed 3ervice bargaining unit shall be filled by original appointment, temporary appointment, emergency appointment, provisional appointment, seasonal appointment, promotion, reemployment, transfer or demotion. Whenever a position is to be filled by certification from an eligible list, certification shall be made first from the reemployment list for the class to which the position is allocated, then from the promotion list if promotion be practicable, and finally from the eligible list resulting from open competitive examinations. When the Appointing Authority desires to fill a position by transfer or demotion, such action, if approved by the Appointing Authority, shall take precedence over reemployment, promotion or original appointment. In certifying from a promotional list for the filling of a vacancy in a permanent position, the Personnel Director shall certify the names of persons standing highest on the list consistent with the Rule of Five Rounded Scores. In the event that the Rule of Five Rounded Scores would result in a certification of less than Five Rounded Scores the promotional list for such class shall, at the request of the Appointing Authority, be combined with the appropriate original appointment list and certification made therefrom. I. Promotions Whenever an employee having regular status successfully competes in an open competitive examination and, as a ,result thereof, subsequently receives an appointment to the class for which the examination was held, such appointment shall be considered a promotional appointment and such employee shall have the same status as though the appointment had been made as the result of a promotional examination. Whenever an employee who is serving his initial probationary period successfully competes in an open competitive examination and thereafter receives an appointment to the class for which the examination was held, such employee shall not be required to resign but will be required to begin his probationary periOd anew. J. Order of Certification Eligibles shall be certified in strict order of standing on the eligible list, except in the following cases: 1. Whenever an eligible shall have indicated that he would not accept appointment under the conditions applying to the position to be filled, his name may be passed over in certifying to .fill the position. 2. Whenever a position is to be filled which requires the incumbent to be a Notary Public, certification shall be limited to persons ~ are eighteen (18) year! of age or older and who can otner~;3e qualify for appointment as a Notary Public. 3. Whenever establishment of special qualifications for the particular position has been requested by the Appointing Authority and approved by the Personnel, Director, certification shall be limited to'those eligibles on the appropriate list. possessing the special qualifications established. 34. .~. .--....-.... - '<'. .l',' '~"j 'r " ~' 1 ; , . , . ~:~. I .1', ," 'T. . " , " .~\ ~':~.h~~t~\ ,.Lj,' J., ~r ~', 1r."; '" "!~:(:"',>h:\:',~,,.,' " :-;;:;,:? ;.,. 1::'';'':-' "''';:;< ":,' '}::', <:F;,://':',.,. "",;" ",' i,r:A>::'" ". ,<J,;; .' ":,,.' :::<,;;:;: ' ,:"(:",;. :'. ",',:.':" '" '.: :?;')~}/!:, ",: . '. ;:: ',: ,~;, ;: .',', ::::"';'" '. "', ,'''''.' 'Ii';" ,.<", .." ".'~ ',' . -'<' " .'.. "", "-, "', " , ',', ":" ,C':';('.' '.~:". 11.' t<';. ~ '-::i'. :'''; ';";'''.' .;'-" ',,'.:' ,<':,i::;,':>" ""':,',;' '..,.' (.f;'::;::".,:':',::,' >::":i: ,...,",,. ,z,:',': .',' .. '; ,,:',' ":,;",.,.,/,,,.' ;-"..':'..,', ':,', '. , '" ".'..', :'::..':,,~:'~';~' ,;,:;;, ":-:;,'.,:'(;'.:,,: ", :"';;'"",,,.,; :i":':~-::'!;::',::)';":,'\,:,">: ".;F' :::: ,'il' .,,:..., , -: " ',,'. ()',\'" \ ;(;,....' , ../.\:: .;:~ , ;,;:::,i<\',";,. ;'~::':::""':',,:-,: ':, "-:". .:':' ,', '~:;:',: ":::. .':...,. ,.:,,~:; :,";:X>::'~ :"'<-.:f}, ":\::','-/::, :,::'.,';,,'\'; ,. " ,:"",;; .,.':.'< "',',:,\(;;';i: '\:,,,,,: C,':, · <;':\ ." ,,: ::'': "';';',:: ,,' ,,' ,:\ :::'c,:,::'~\ ,," .. .,' ',:' ",::.<",,; " .' 'f" "";' ,',':r.:;,; ": ,.' :'.' '!5,::'?::~"~:' "'<:'>>,:\:f:;t"?~::P;:':'X : " "...' ,:". '. " " ,. ~, ;"" ,~ , . ~\ .l" " f'- , ~/;',\ I;:'; .' .::. :,'" ;;",''- i(:,..",:,: . :';".". " " . .l:~ ,t "0' , ~ '.. ", , "~ ..' ,(, ~. ' :g~;?), f, ,::,:.: :. :..',' ,.;:~,:/.:: ',: '.;0: ,,':', ;':.,;', " :;. /" '~":,', ""'", ' '<: .,; :c<':'.'>,,;.,,'" ,.;;,,: ," ';:,;..,,. '.:..'. ,:",' " ':, , ':: ".:. ",~:,(,...", , " :'" ,';'; ,:,.' :;''-::'';;, '..' ' "<;~.'i ;,.'. " 'I ' . ' " ")\;." "~,'~",':" ,,'" i' " .,.-:,:;:;..',..,:,',:,"-','.,'1.:>' .' :":; ",.\4:, ""t.,: ',', ' , I, '\::,' I'; .' ',' , ,:.:.. II" .,,' >,;' "." ..,... ' , : .:"c;,:' "<:c:,,!,"-:': .:' '<' :',; .;.1: I',:".':",., ii',. ,"f", ;,,''f: : "'."..':' ',.,i,",\;';:', ',:':,!' ,,:',,: ir.: ;;-;', :.,,1: . ':c;'.,".';" )~.', '; ;,; ;>\.~<:;' .. , '..l f': ":,,..,:, ., .:~ f,\. '.:::\~:,}::,. ,.' 'Ii' ;~ .:::":""'."" " l~ ,-,." ',. 'r:-:: '" .' ~ <q:../' ..... . ..i~ ,::',:.:<.r~"';":! ."':, .,'..'.',' \. ;::~,)::"i.,;",,>.:,', ',\:.'::'. ::,:::;:->:",',... :::'.<,~,,~: :.:),":. :::: \'i\,~:, -::.<,:\< .' ,;~::" ' . "'~d ~!J.~}!)!\\ ': ::'. '. ;. ,,'~-iS;:'r:..~.,.. .' i;' ....:~~~1~[;.~~.~l~t'~j~~.::.:;;.(.~. ('. , , : :-,' ':1:~i...J:t;.e.CJ~.~...~1J.I.l'i...",..L..."'.'..;... ............. . < ;1' .',';' '.'.~r ~.:~\~ ..~::.~~ CWA IMPASSE: STIPULATED LANGUAGE K. Temporary Appointments 1. Whenever there is need of an employee for a temporary period, not to exceed six (6) months, the Personnel Director shall certify the names of persons standing highest on the list consistent with the Rule of Five Rounded Scores. The acceptance or refusal by an eligible of a temporary apPointment shall not affect his standing on the eligible list, nor shall service under a temporary appointment be counted as a part of a probationary period. 2. In the event that it is found necessary to extend the filling of a position by a new temporary appointment for an additional period of not more than six (6) months' duration, the Personnel Director may authorize the continuation in the position of the person appointed thereto on a temporary basis. Such extension shall not grant to the temporary employee the status or other rights of a regular employee. L. Emergency Appointments _;co: ,," :;.,';'/,':, :,.:,'::' ..~ '..-:,:' , ::y/:-, ''''. .', ,:'.., i.,; . ','L 'J. ,... :,.,~ ..,... ......1..... n".';," ....:~ '-"''-:..,~.-'~-J . 'Y ...."1'''........,..,''-'' . ,..,_..... . . '" ",,,..,..~,,., '., :::.... ....:~..... ,...."'.-:....'..:~~ .."~7,....\...~J ".....'" 1"'''- ..~~. - "~.:;;~_ n:;, .........;"'" ",."W ;~..I':I ..~,...... -~ .....~:I....:' "J :":- ---:: "".. -- -""~J _n'_.... ... "'~..I~~..... ........ ....."'...." ....."'.. ......, ........ .",~"",,,,,,~ ~u""':" . "J .~'-J,... -~~" ". -".1 1.. '1....... " -::.. ",....,;:'''''......... ........'.1"';::-: "...". "~J -"':;~' ....t'~... .......... ...;:;", .''''::--'J ~""I''''',''''''''' ........".... ........,..,..,,"':;;' ""',;:7~:' """ ...'" ""~ - ---- ~'.""'YJ. '-:-~' :;:; _T~ ~ ......J.. ............ "" -..... .............. .... ..... ""..... .."','" ..."." ...J........ .."" ..,.. ...,,,. .... event that, in the unan;mou3 jud~ment of the appropriate departmel~ the Appointing Authority, and the Per3onne1 Director, the emer~ency continues to exi~t at expiration of the aforementioned ninety (90) calendar days, the Appointing Authority May appoint any ether ~ual;fied per~on for a like duration, providing that an eligibility li~t doe3 not exi3t for that position clas~ification at such time. The same procedure shall be followed for each succeeding appointment a~ a 3eparate action, not to exceed ninety (90) ca1en~ days, and each ~ha11 be reported to the rersonne1 Director. In no 1nsta~ shall any per~on receive more than one emergency appointment in anyone fiscal year, nor ~ha11 any per~on receive con!ecuti~e emergency appointments. ':;"', :::\<,~~i; i"'>.<.' '(." When an emergency makes it impossible or impracticable to fill a position in the bargaining unit under any other provision of this Agreement and providing that an eligibility list does not currently exist for that position classification, the Appointing Authority may appoint any qualified person to such position via an Emergency Appointment without competitive examination. Any such appointment shall be immediately reported to the Personnel Di,rector and shall not exceed ninety (90) calendar days' duration at or before which time said employee shall be'laid off. In the event that, in the unanimous judgment of the appropriate department director, the Appointing Authority, and the Personnel Director, the emergency continues to exist at the expiration of the aforementioned ninety (90) calendar days, the Appointing Authority'may extend the emergency appointment for an additional ninety (90) day period. Thereafter, if the emergency continues to exist, the initial employee shall be laid off and the Appointment Authority may appoint any other qualified person for a like duration and one (1) extension. The same procedure shall be followed for each succeeding apPoihtmeot as a separate action, not to exceed an 35. .', ~""--,,.,,~~, ............'.1...'. ---'-:---' ,...., ...~....:'~.,. .. ,~ , - ". j I \ -- r-....,,-_;__ -;,-.--'r.-,......-- ..,----~..#- -T'..... . , ,~ ;1/ ;\ '\" t \' '~. , f, :\~/\~, ;'" (;'i{)~j_ :~\'. :.<,' ;.\;:,~:' i;~ "':>:;':: ',', ~", ... ". " ;;:', ':'.':i<, .,./.',;: , . ' ~::': ~::,.,,<:t '. ',: ",.,:::< '/;:>:::\:{':?<:':: 1,\. "', " 'J.' I ,'; " " \. ~.' ,', .. !' ..; ,', , , .. , , . ", .' " ~ ," . , < ; f: . . .,', . . '. ~'.. ~~', ~.;~..::::-g\',;;..~~~..\:;> t;.' '.. Itt ,::... l.~.. [ 1;~ ;::: ;~ ~~!; .~~. "ri. ;Jff . t<:...;.... ,',.j , , " {. . '. ""\ .:,;1 "j '~ , I 1 " , .1 ~,;.~ \} ::'1 " , : . fJ ;;"'1 ;'f~:.1; ;~~,:\:' ( \' .. , rl :\) :t 'I , ~ \ ~'. I ) .,1, .. I '.1 :.4 fi i: ',' ;, I ;;~ l ::;:, ,;:~~ j ,i .~, " f,' t .....,. ..... , 1(,; :. 'J "~\ i.i ~:.i .,,,' ;, ',:~ it .,I ., --. - lii.., .,'t', ...It OJ . ~".'?':\':~'~"-''.'" .<' . "'" " .:~, ':: ' .' "'j.' ~'!:;w ....... t~ , II ~. 'J' t.' :.' :.',. '. ", "~,,J' ,'1?".::I",~;.,t '.f-, t ',,' ":,,., ',' 'l~"'";:, ~..,;~.,{:)!.l. t <t".) "1: . :..\ . I :. /, \ ~,)r.._t(.."';I~' i',~~; \", '~"\' t , ~, ! ...'...'..I,~">,';~,;,,.,"l ,'," r ,,', ,'''' h"""" .., '. , 'I I' "I' .> .~:(;:.,.,: ' ... "P." . , . .',,:. . ~ : :.~ .' ,~ :?~~fb~.f);~i,;;>.~,'o. , .~1~..;....-w.;t:iif.l<:.h.,\U-'-....;..._.,...J.., '_ . !" hi' " .t.," """.,', '" , . \ ' . ~. , I . '," J .: ,'1~\. .-,: " f~", " ..'i.' ,'t" ''-t..;;,. .' ." ,'... .;}~.~ : .I .. .~~;. ':, ..,'.-.',(,:~,' ',:,.1," - \.;;~;. ..;' '<I.~ , ";'~ . ;~~~, '", >, .', . ,~' <, , ~,; "':/'. CWA IMPASSE: STIPULATED LANGUAGE initial appointment of ninety (90) calendar days, and one (1) extension if required, and each shall be reported to the personnel Director. In no instance shall any person receive more than one (1) initial emergency appointment and one (1) extension thereto in anyone fiscal year, nor shall any person receive consecutive emergency appointments. 2. In the event that an emergency appointment is made for the purpose of filling a regular vacancy, the Personnel Director shall schedule an examination for the appropriate classification within ninety (90) 120 calendar days in an effort to establish a promotional or original appointment list. If an emergency appointment is made for the purpose of filling a position due to temporary absence of regular employees or because of an excessive work load expected to be of short duration, the Personnel Director shall not be required to schedule an examination for that position classification. The Union shall be notified each month of Emergency Appointments which have been processed during the past month. M. Seasonal and Temporary Part-Time Appointments Whenever a seasonal or temporary part-time vacancy ;s to be filled by the appointment of a seasonal or temporary part-time employee, the department head, with the approval of the Appointing Authority, may make such selection and appointment from a list furnished by the Personnel Director at the request of the affected department head. Ordinarily, though not by way of limitation, such vacancies occur in the Recreation and Marine Departments and, because of the type of personnel desired and the qualifications required, it has been . demonstrated that selection can best be made on the basis of intra-departmental interviews and performance tests. N. Probationary Periods (1) All persons initially employed or promoted to, or within, the bargaining unit shall have to serve a probationary period as hereinafter defined before their appointment shall be deemed to be complete. During the probationary period, management shall observe and review the employee's job performance, attendance, attitude and adherence to department and City requirements and such other factors as in the City's determination are important factors to consider with respect to continuing the employee in the position. (2) The prObationary period shall consist of six (6) consecutive months or the equivalent; provided, however, that the City may extend such probationary periods for up to three (3) additional months. Permanent part- time employees shall be required to complete 1040 hours of actual work in a 'class which 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, prov'lded that in no event shall such permanent part-time employee be deemed to have completed a prObationary period in less than six (6) calendar months. The City shall provide a form for employees to request certification to permanent status at the completion of the prObationary period. Approval of a request for certification to permanent status by the Department Director and City Manager 36. ~.-_... =r "/" ',' '., :. ',<.":', ',' ">~'/'t,"~ ;. ,,' . d'" " ',' .,'. ',', '.'....'.'p-',..'..'.'."..". :.; .' 'I: . . . ~ ", '-::,'.' " . ':':-','1 >,';'.'" . . ':::';"~';:;:':;:/,:~.;.,;;Ji:;;rii:?":':;~;jiI1~~'" '. .. '-. , ... i' \' .. " r : f .!)/;..t(...f,:.:~:'J, ."7:n ...... """':.>.' .: :\.;;;'>x.7;!.\~'~~;&,/it~j . .' :.~. ,...., .," . .' ~ . ',' \" , " .t", .',..... ',", . ", ,;;i~~~*j;;,..;.,.; ..... ,,) : ~\~. ~. . . :~";<l ;:~t ~'."i~~ >}1 . .:.}~~ ."';1' .-,,.. }} ," , , ';~ i' '~~'J ", ~:1~ .':~I ", ., , ;' "l -. ~ '.: . ~ I . ,: .' " ," :"-'''':''''1 I " . " ....., "", ~). . .'. CWA IMPASSE: STIPULATED LANGUAGE after submittal by the employee shall be deemed evidence of successful completion of the probationary period. Disapproval of such request shall be deemed evidence of the City's determination that the employee has not been deemed acceptable and the employee shall be separated or return to his former position as provided in subsection (6) below. ' (3) Time served during a temporary appointment in the same job class immediately preceding permanent employment shall be credited toward the time required to be served in the probationary period. If such permanent a~pointment is to a position in another department, the provisions of paragraph (4) hereunder will also apply. (4) In the event of a transfer of an employee from one department or division to another before the completion of the probationary period, the head of the department or division to which the employee is transferring shall determine at the time of transfer whether time served by the employee in the class prior to transfer shall be credited toward the time required to be served in the probationary period or whether the employee shall be required to serve a new probationar~ period. (5) In the event that an employee is for any reason absent from duty for an accumulated period of fift~-six (55) scheduled work hours or more prior to the completion of the probationary period, all such time off may be used to extend the prescribed probationary period. (6) If during the probationary period, or at the end of such period for a new employee, the department determines that the employee fails to meet and/or adhere to requirements or is unfit and/or otherwise unsatisfactory, said employee may be separated from the City. In such event, the City shall present to the employee reasons for such separation. In the event that the e~~loyee was a previOUSly certified City employee (one who had already succeSSfully completed a probationary periOd in another position) who was promoted, said employee shall be returned to hiS/her former position and shall not be separated for failure to successfully complete the probationary period; provided, however, that if such employee has committed a serious infraction which warrants dismissal under City rules and guidelines, then the employee shall be dismissed and not returned to his former position. Any newly hired employee who is separated durin~ or at the end of the expiration of the probationary period or newly promoted employee who is returned to his former position shall have no right of appeal or grievance relating to such action. 37. ~.....-:--- " '~~~x~J\)m!t::{~~;~!Y!~"i,\<X",.;;;:;':'I>~rJ~' (P' r;i/::,:y,,'j'}~";?W';i~{:;':" ; '.,'<', 'ty':.:, ""'.' ..'., " .' ,> . .". .~ . . . .. ,~. ..,,- . . "'. ..,... J'. "'; , '"" \' ;::"i,'... "..",>,.,:,,,it;,;, 'C;"'!"';;"'I"'\'1".!;:;:'r,o-:<li't;,~~1t~i..~~~I3I'!!t , I ,".-,.. ';:i" ;'.' . r',':,.':>:;,~}_~~;\:,\,:, ,::,::~~\..t;':I;<':':'''''~",~:x:.::.....:~~~ . '.:'~ . ~~ fI . ." ...~;" :".. . ~. : ~~ ;.. ',' ...', , ;<..,' '" ,', }~~\f;~'\~?';~f:V~~~f"'~?~;t.", """",~,,,/"I If '" ",. i j" '.. , ":' ",.,...;~,\,:I"l.,','.,I./ , " , " , . , , , ' . f.... ., 1 :,":'::h :'"n'....~.,".,,..."'r-'iI'J.,,,,,,,,,k_.;,'t~,'" ,. :" ... "%1 ,1.'HW~If:!~tJ1'n} r .. '~I t~'" "', "'-, ".-.' 'I "" !t'~: ,', " . : ~, , "-; ;" ! ... CltJA IMPASSE: STIPULATED LANGUAGE Deteriorating work performance and/or attendance 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 markeds unexplained changes in personal problems behavior 3.2.2 The type of behavior which is a recognized and accepted symptom of intoxication or impair~ent caused by controlled substances or alcohol, or addiction to or dependence upon said controlled substances. 3.3 Random or mass testing is prohibited, except required by law. Other procedures may be used where required by law. Any testing required by law will be sent to the Union Presidents along with regulations for such implementation as reQuireds at least twenty (20) calendar days before such regulations are implemented. No drug testing may be conducted without the written approval of the Department Director, or designee. The Department Director, or designee, must document in writing who is to be tested and why the test was ordered, including the specific objective facts constituting reasonable suspicion leading to the test being ordered, and the name(s) of any source(s), or all of this information. One (1) copy of this document shall be given to the Bargaining Unit employee before he/she is required to be tested. After being given a copy of the document, the affected Bargaining Unit employee shall be allowed enough time to be able to read and understand the entire document. Failure to follow any of these procedures shall result in the elimination of the test results as if no test had been administered. The test results shall be destroyed, and no discipline shall be levied against the Bargaining Unit employee. 4.1 When a supervisor has reasonable suspicion to believe that a Bargaining Unit employee is using, consuming, or under the influence of an alcoholic beverage, non-prescribed controlled substance (other than over-the-counter ~edications), and/or non-prescribed narcotic drug while on duty, the supervisor will notify the Department Director, or designee, for the purpose of observation and confirmation of the employee'S condition. If the Department Director, or designee, after observing ,the employee, also has reasonable suspicion to believe that the employee is using, consuming, and/or under the influence of an alcoholic beverage, non- prescribed controlled substance, or non-prescribed narcotic drug whiLe on duty, then, by a written order signed by both the employee's immediate supervisor and the Department Director, or designee, the employee may be ordered to submit to toxicology testing deSigned to detect the presence of alcohol, chemical adulteration, marijuana metabolitest opiates, amphetamines and phencyclidine in accordance with the procedure set forth below. 42. -._...._~<" >",,".,\ ,\",.",f .. , "..:!; ; , " , (,'. ,', .'., . ',,:;;':S,>:'::, ". :.~:; )}~i;;l.\", ';<,,: :~.;I\t~;i~"" """ .u.:tli)~~~:tiJ~ 'vr.l..~.~......,.. , t' '" .~~~L '..\" '}i~' ';;(It ,:~, ~j ,.J . CWA IMPASSE: STIPULATED LANGUAGE 4.2 Any employee subjected to such test shall be removed from duty pending the result of such test, and such employee shall continue to receive his regular pay and benefits pending test results. 4.3 Refusal to submit to toxicology testing after being ordered to do so shall result in disciplinary action. 5. Blood and Alcohol Test Procedure. The following procedure shall apply to blood and urine tests administered to bargaining unit employees. 5.1 The employer may request urine samples except when the employee has been involved in an accident resulting in injury to him/herself, in which case a blood sample may be required. The employee, at his/her sole option, shall, upon request, receive a blood test in lieu of a urine test. Urine and blood specimens shall be drawn or collected at the laboratory, hospital or medical facility. When requested by the em~loyee, a Union representative shall be allowed to accompany the employee to the test and observe the collection bottling, and sealing of the specimen. All specimen containers vials, and bags used to transport them, shall be sealed with evidence tape and labeled in the presence of the employee and the Union representative (if one has been requested). 5.2 All testing shall be done by a laboratory certified by the State of Florida as a medical and urine drug testing laboratory which complies with the Scientific and Technical Guidelines for Federal Drug Testing Programs and the Standards for Certification of Laboratories engaged in Drug Abuse and Mental Health Administration of the U.S. Department of Health and Human Services and is NIDA certified. 5.3 The fOllowing standards shall be used to determine what levels of detected substances shall be considered as positive: Drug Amphetamines PCP Screening Test Confirmation Immuno Assay Gas Chromatography /Mass Spectrometry 1,000 ng/ml Amphetamine 500 ng/ml GC-MS 100 nglml Delte-THC 100 ng/ml GC-MS 300 ng/ml Metabolite 150 ng/ml GC-MS 300 ng/ml Morphine 300 ng/ml GC-MS 25 ng/ml PCP 25 ng/ml GC-~'S .04% .04% Marijuana Metabolites Cocaine Metabolites Opiates Alcohol Levels which are below those set above shall be determined as negative indications. 43. _.-;--- . , , . .._~~ . ",. -. .- ," ..... ,'r.'~:.,';""'-\.,~.'.'i ':"'\,';':"~"'~"w~' . ., " '". ,'..,"",' ,.,;f';":f,"i"~""1"''V'''';,r'''I'Wf.,.""w.~~ ii!A<\Ilt:!:~:H:'\~.,t~.!?'\~,<, l ~~~}::~,~ ,::~,';'.r''Y.~,Y~.'~1>:, ~'.~;. f' ..)t~~"'l;~1'!,.::I.~~~<::;;'~:: dJ?~?: ;'n.<~ \ ;.: t~~~: ~~~'.r:", ~>;~~~~~~ ", :....~ :.\: ~':i"j:. ;,~}J:!\ ~;'!} }~'. :.'.::~,f~ '. ~t.,'f~r '1~~'";;?!'*"".";f~f:";I;"+'!.wnr~<~ii~~;;'~~i~!.;'t;~;;(1J;;'~$,:~~';;;."'''\t;~i\''iJc:~j~1;~~~~' < ......'..:::..//.:.y~.f; ,..' '\':T''?'i~~j"~'>'':1 : .:; n1)(~:,'r:r,(J":f~;:'tJ'" ~::i;:':""':'~:~1(' ;';,.'.::; , ". :, ,,~ .. ./ .':' , .~, ",p.,:;...;' ~ ~ '. ' } .,1:. '.:' :1 "',' .'''1-.. "/.' .. ,': .' : ,/ 1", I' . ':1 '. _ ',1" ," , .' '.~ ';.' : ~. .: ... ' Local Florida Jurisdictions C ityl Acet. Acet. Equip. Equip. Grounds. Grounds S ta ff Staff Bldg. Bldg. Min. Mtn. I County Pop. Clerk I Clerk I Mech. II Mech. II Oper. II Oper II keeper I keeper I Asst. I Asst. I Insp. II Insp. II Wkr. It' Wkr. It Min Max Min Max Min Max Min Max Mln Max Min Max Mln Max I Tampa 277000 Oct. 1 990 13520 19240 20009 28475 1 5204 21632 12500 1 7784 12979 18512 21632 30804 12979 18512 April 1991 13858 19721 20509 29187 15584 22173 12813 18229 13303 18975 22173 31574 13303 18975 St. Pete 243000 14581 19635 20446 26354 16661 22547 [\,b Match 12584 16890 22110 29806 14539 18512 Plnellas Co. 850000 14227 19989 17971 26270 14976 21278 No Match 13021 18054 20654 30950 13021 18054 Laroo 70D()0 No Match 17264 26645 14476 22360 12834 19926 12251 18949 16013 27976 12834 19926 Dunedin 35D()0 14988 20994 18401 25775 14988 20994 l\b Match 14239 19944 21461 30064 13527 18947 Plnellas Park 450()0 15371 21445 17368 24232 14726 20509 13499 18803 15371 21445 24461 34216 13499 18803 Hlllsborou~h 825441 14352 21548 17700 26561 14352 21548 10628 15932 14352 21548 22360 33550 13104 19676 Clearwater 101000 14320 20034 21110 29783 1 7345 24471 15799 22186 13984 19631 24471 34556 14655 20639 Proposed 2.000/1) 14606 20435 21532 30379 17692 24960 16115 22630 14264 20024 24960 35247 14948 21052 AVERAGE 14563 20555 1 8523 26432 15109 21629.9 ~ 2443.5 18223 13589 19401 21605 31162 13404 18985 · ~lober 1990 salary used unless otherwise noted. .. Salaries In bold used In averages. 1 ~. .....9..~._ , .~ / ,,\ ..J '_' 1>.. ".' .'1,...., . '. ,:,/"~. ..:~ . , '" tz:I ~ H b:l H I-i ~ .-,' Ii. f,~t:~\;r,~,~:i':r:" ,'; ;~,. " '::'[i";,:~' '.~~-.::' ~;,., :.0l'~.~~!;.~.:i' ~{.f,c;~ ~1~} 11,' j> :; , " '," .,;.,,' :;~;,:, ;-:""';'1<>; "" :;'(:":"'::'" ',' ,;." ",;,";"';";;':;'-)"} ::.:',;'.\,': .;::-.,'.'.' :J ....r:)i';;,;'; .;;."" ,',: ::.~"" .;,,;" /,', ":,j; " '.I. :':';/:,:,;:" ' ' " ..;"" ::<-: '.; ," >".:'" ','. "..:l.,'" " ..-' II" ;.; ~ ... .. . ~:;~'. ; ~ : \ " ""~" , .",,:';:\ );"'ef , ,.,. "'" ""',\':" ,'I . ':.;: :~:: ',"; t'" _:."' ,I'. '.'~,. ,','~ .,";.i/,'l: \.,,;,'.; ,;,:'~~:'-" \; . ".f1 ;'-~ :.,",::, ',' " ~ . ';~". - ~ ,:/ ",". ,~ ',.':J,-,~--' .. . ~ -; ,^ i'': " " " ~ :. ,',- , " ,. ': :.\i .\' , " " .; ,,0;. _.'.. . '".., ," " ".' i<:;:,;:',}. ' "1: ,;.,' :':'. :'..,! '......., ~;J<:...i/.),' '.::,',.,','.,;pH.,.,.." ''<, ,;i', :::':;:' " l.: ' ,:,,:'::','V,.', ,,' ' '~, :,;:~ " : " , ,,',;; ',' L'" . , I " ;:;"~\:,,~,:h):" ',' ' ' :', : ,;: i:> ,,:!,l i::.,; . ., "i" ~. ::'! ",. >.: ;,:;::,: ,;;: ,::',y;~:,:';{;::":.: .' :1' , " .I "'".; ;.i' , ; d,',;'1 '\ :~ .' ,',; ... ~::: ~, ' " :; , .,,; ..( i~: ';, " ,', ., ,. " .., ',; ~~ -. . 51Y> , , " "" .. . "" ': .... " r..; .;~ .I , . ~ ...., ' .' .",' ".".",:<.;':- ," :":~:"'>\i',, ...,'", :... . .,' ;".'.' .:', , .' " ': ' :..,. '.' ." "', ,"; '.- ' :, I" ::.:,,:';' ',' ,',:,c', :~. ''':;''{:;'>:';'''. ,,;',,:'; (:,i "..,..,.'':>;,,, :,";',: I, ;,:-i ::::~':~ ",,~; ," I /:?>:"" :,:":~'\'~:"":'" ,', ;i~~i!{> ......... .... ...... . .' Iliili;fif.;i,;;J,....,..,.....,..,. .', .' .,r,.,..'..,."i,'," -". "'\'1' "{;{/',,/i, :.-:< " t'?1t~;p;;~?:\~;(??F:.:!f~: ,:', ,.':' :fK,,;';,., .':~,'::,:., ',::/::;,~\~.:.:,:\ :.. ' , , . ""~',.", ~l < 1 fi 4 '!~ ., .') i' .. y' ... : 'i .;".~:' "':,.:," "",',:..,:;.:.,:,: .,'"..:..,''' ,,',.:.;.' 'C;.\ " ' 'ii',::,:.' ""~~": ",.<:."J.';;::;'\\'. ,;,: r:.';:' ',' ,:', 'j;., .. :,.,:,.:.:'".',':;"}:....,-:;,,,'., ',:"">':'':':''i;:.: "::"', "".,: ': ,...... ,",/.',,' ,.,;,"', ''': i'::f,"" , ' : ,,", , '~;<, ';i:' " " : <:""'.:'" "i.-',;'{/ .. , "';'''' ,:<~/'< ,\:;~ o', .',,;.;;.;:~ ..:::", ::.L:.,-,;,:,:}~;( ',.,: ir:.; , ;". " ~~~n:t1;;', '.'!" , ":'::':;::),?':',,, ,,:F%~:i ,,'::,,",,; .:'..,:i ',.. ", );>,:,;i :',' ':'Z,', \',."':'.... :: :i ',i ,,'~:{'~,; ;.,' ':;, , '.'1",;':' 10- ;'... ;',j >\;:Y~ {' '" ...~ -~U;''Fi..-:rf'~~.r_~~k~ .... , ~, '" ,\ ' " Cities of Similar Size Population - 70,000 to 170,000 Cityl County Pop. Accl. Accl. Clerk I Clark I Min Max Equip. Mech." Mach. II Oper. II Min Max Min Equip. Grounds- Grounds S t a ff S ta ff Bldg. Bldg. Mtn. Mtn. Oper II keeper I keeper I Asst. I ,Ass!. I Insp. II Insp. II Wkr. II, Wkr. II Max Mln Max Min Max Min Max Mln Max ,. ,{ . ,1 1 Ft. Lauderdale 150379 19386 25418 21881 28787 21881 287,87 f\h Match 19385 25417 28787 37710 17576 23025 .t. r. i' laroo 70000 No Match 17264 26645 14476 223'60 12834 19926 a H 18949 18013 27976 12834 19926 tl:' H 1-3 No Match '( :',s " '~i ~;3' '1 \ 1: i)~ ;. .;' Miami Beach 96988 19948 24535 22450 27313 19946 23348 17206 19365 19949 24534 28997 33923 16705 19365 Hollvwood 12500 18736 25107 20994 28134 17552 23521 16423 22009 16423 22009 27576 36954 17938 24038 Hialeah 164000 13468 23530 17966 34372 17966 34372 15340 27690 13468 23530 24570 48308 t 12251 .j:>> , , t'f.t~J.t A Tallahassee 124293 12522 18242 19573 28475 16786 24606 f\h Match 13146 19136 27685 40144 13146 19136 .~ ! Orlando 158921 15122 21320 19968 27040 17576 23504 15006 21216 15122 21320 21736 30033 '13728 19240 ) ~" . Gainesville 89000 13762 18057 21464 28163 16768 22001 f\h Match 16768 22001 24892 32661 15191 19932 ",.J ,~ , J Lakeland 76000 13520 19032 19032 26770 17264 24274 12875 18117 13520 19032 24274 34174 14206 19968 ", X ~'::)j;J Pensacola 70000 16042 23426 18486 27040 15314 22334 f\h Match 14612 21320 22334 32682 14612 21320 ~..:"...; ." .'j "1 :,:'" Clearwater 101000 14320 20034 21110 29783 17345 24471 15799 22186 13984 19631 24471 34556 14655 20639 Proposed 2.00% 14606 20435 21532 30379 17692 24960 16115 22630 14264 20024 24960 35247 14948 21052 * 'i ~'~1 AVERAGE 15834 22074 19908 28274 17553 24911 14947 21387 15464 21725 24886 35517 15104 20661 · All salary data for October 1990. "Only numbers in bold used In averages. ", , ~ .1l ,i:~ J. (f. .. . ,~'.. " ' " ',.,.=.", . i:'::;\'..,!_.:::' :,.:" " ..<u' 't ;. -.................. .,'.. ~" -~. ".~., -----. .~- " . ..~."'"..r. ~, ~~ ~ " " I ~ " '\ y ;'~ .4# .; ~ .: "'!!'I': :",',. , , ~.. ~" '"'' f ;', ~" ;.~ i; ~ ' , . ." ',\ , ; ;1, ~ i ..'\ . .,>' .'} .',' '. ~:. ~ ,.,; ,'.. J.o-, . -.' ~; " ... _"n..,..v:ht~~t!~':n::it:>-~~7t~~~'V.~.~\~~t.-~':t'.. ;.. Salary Comparisons of 8 Classifications Specified by CWA Cityl Acet. Acct, Equip. Equip, Grounds- Grounds Slaff Staff Bldg. Bldg. Mtn. MIn. Counly Pop. Clerk I Clerk I Mech, II Mech. II Oper. " Oper II keeper I keeper I Asst. I Ass\. I Insp. II Insp, II Wkr. II Wkr. II '%. Min Max Min Max Min Max Min Max Min Max Min Max Min Max Increase Ft. LauderdalE 150379 19386 25418 21881 28787 21881 28787 N:> Match 19385 25417 28787 37710 17576 23025 2.5% Miami Beach 96988 1 9948 24535 22450 27313 1 9946 23346 17206 19365 19949 24534 28997 33923 16705 19365 2.5% Hollvwood 12500 1 8736 25107 20994 28134 17552 23521 16423 22009 16423 22009 27576 36954 17938 24038 2.0% Hialeah 164000 13468 23530 17966 34372 17966 34372 15340 27690 13468 23530 24570 48308 No Match 2.0.~ Tampa 277000 Oct. 1990 13520 19240 20009 28475 15204 21632 12500 17784 12979 18512 21 632 30804 12979 18512 2,5Ojo ADril 1991 13858 19721 20509 29187 15584 22173 12813 1822~ - 1 3303 18975 22173 31574 13303 18975 2.5%.... 51. Pele 243000 14581 19635 20446 26354 16661 22547 .N:> Match 1 2584 16890 22110 29806 14539 18512 4.0% Pinellas Co. 850000 1 4227 19989 17971 26270 14976 21278 No Match 13021 18054 20654 30950 13021 18054 3.5% LarQo 70000 No Match 17264 26645 14476 22360 12834 19926 12251 18949 10013 27976 12834 1SU26 5.0% Tallahassee 124293 12522 18242 19573 28475 16786 24606 N:> Match 13146 19136 27685 40144 13146 19136 3.5% '; . --,..............~<'~....I r.....,.~.. , , I \ . '..... '1 ",'~" t. . ':,'. "'- '., \ ~ H b:I H t-3 oil'- ---, . '.. .. ...h'"("",,. , . "'. ..,\ L?m':r:;::\j::?':~&~' ". ,l " ' ';>:,:".~Y:'.'.~>,::~:{:,~ :.<:~::.,' '!;.t.:.~,'.: " '('~-;'\':. t ' I: ""r.':" ,...:U /~ ": '. ..... ~ , < , . ",.' : .,\ " ,', . "";.,.' '. ..,',. '. .' :',~' \,":'rFf1''::.!i'''';'''.iJ'\'' ,"'''''\'.,'' " ' '", . ,. " '" ". <, "1, '.' ,'I... ,:....:.('.' 't" . < " J:' .... ; ,,\ ~.'. .: I t , ) ,',->..(~ "~. .,",:.<,.,'1' " .' ", ~:ll:: . ":.,~}t,... > . :,'F. " , \' '," I ~J';l;;;?~.'::.. .' , . . ..;:.<t~I,:I.\f} ",,' ...... ., '." I. I \ ' ~t}f~~)~~H~;:;..~".: , .... .' ,. . '," ....,.' ...., ',', ~ >\>; ~,."""U""~"" ,.....~..-i.-__~ : .~. .; l, ... ~ ~;' ..... Salary Comparisons of 8 Classifications Specified by CWA Cityl Acct. Acc!. Equip, Equip, Grounds- Grounds Staff Staff Bldg. Bldg. MIn. Mln, I County Pop, Clerk I Clerk I Mech. II Mech. II Oper. II Oper II keeper I keeper I Asst. I Asst. I Insp. II Insp. II Wkr. II Wkr. II % Min Max Min Max Min Max Min Max Min Max Min Max Min Max Increase Dunedin 35000 14988 20994 18401 25775 14988 20994 No Match 14239 19944 21461 30064 13527 18947 0.0% Gainesville 89000 13762 18057 21464 28163 16768 22001 No Match 16768 22001 24892 32661 151g1 19932 4.0r. Pinellas Park 45000 15371 21445 17368 24232 14726 20509 13499 18803 15371 21445 24461 34216 13499 18803 0.0% Davtona Beaet 63000 12896 20051 16515 25646 12334 19136 12896 20051 11710 18221 19136 29598 11211 17326 3.0% lakelancl 76000 13520 19032 19032 26770 17264 24274 12875 18117 13520 19032 24274 34174 14206 19968 2.0Ye HiIIsborouoh 825441 14352 21548 17700 26561 14352 21548 10628 15932 14352 21548 22360 33550 13104 19676 0.0% Pensacola 70000 16042 23426 18486 27040 15314 22334 No Match 14612 21320 22334 32682 14612 21320 O.OYe Orlando 158921 15122 21320 19968 27040 17576 23504 15006 21216 15122 21320 21736 30638 13728 15aZ40 O.OYe Clearwater 101000 14320 20034 21110 29783 17345 24471 15799 22186 13984 19631 24471 34556 14655 20639 PropOsed 2.0010 14606 20435 21532 30379 17692 24960 16115 22630 14264 20024 24960 35247 14948 21052 AVERAGE 15174 21378 19293 27457 16421 23370.1 13952 20134 14660 20725 23601 33819 14259 19765 2.290/0 'AlI salaries as of Oclober 1990 unless noled. "Bold numbers used In averages. .o. 5% used in calculation of average I tz:2 t3 H b:' H 8 ~ , A ~~~~~~~~~~i,~\~H?\~?(f~:~t,:I;'~~:;~W.~?Ft~~!~:':'f;:,?;"';'"~"~~~"~'~~;{~;':~;""'~~f;~X1~:~:~:X~;::':,:':' .-.., ,~,:~:~.!tr?~~?tt. ':'\~p~::" ,1, ,.l " ~~i~ ,~i ~ t!1' ~I .~::.t, A ~ . '>1 ~ ~,<J\' l' ,", (~. . _. ..\..... ;!~~,;,~,'.'.~.,."'._,if,.'~~:>.;~{.~:'"f,'r.i'!j?\~',/~~,'-"t,..i"c:~,..,\"l.,,!&\:,,~, ';"',:",'~,~..P~-",~,":' ' >}:~~"., :~"":"',~:!;:~'::'~;~;~!.~'~ir' "!~,;~{!~'~)~t!'.;,:?;",, " " ,,", ,. . ~ - ~I .. .. . ..l...... . "J!'.nftl.ttJ;f~~f<L,,,,,,fj';~"<'1cit~"'~'''''''''^''~''''''''''!'''''''''''''-''''';,,-,.>i!frt"~I.~'.;;,,\;;F1~,,""''''~' ,., .:-t.~,.,.~:~ ,'':''l:?''if~~~i}~1...)~~~F-:,>-rt'''~fi ''''57"ffl''~~\'~'1~~~~l~.~'':::;' }tH{!'.~:.~.? \~\}J.'lf.f '~f";fU:,~ ~)!...w : '. ~..~"?~..;.':~t:~'l....~~\'\~:.~~1t:tVt".V"'f' '~.:~~~ ~ . .'.,::';).<J;;:~<.,' i:<:, ,,:,,:, ':~.,::;r:,',:..:,.,. ;r: :".:.:t<'~:-;:J'( ". 'r::,. J',~;::',:,.''.:X\!:,'''.:::;':', ';::\,/ ", ".' . 1*" - . " , . <, " " '''''{'''''-'\'~<<II#~.~'' ~1!ft" ~.. ',' 'ir~~i"ll:~f.!;,i~t-fi;;11l';Vct~t~~r~,~f,:Jit:,.f.lJ~~~1'$~'~'~,tt';'~.:;' 'r'~:<"~1!f"~N)(J,!,' "; '~~f~':>,~.-~r;;\,"'-"i'?: '," :.,", C~""""A" r:::'~::::\:':' .;<' ~ >L,J':i' , ~ .< '. ~'''." "-~;. .t<~~ .~ .~~ . .of':'.. 1" ': "~ ~tf" ,-""..""j . '~l' < ,,: "~ ;,:,.".~.:t ".; "\;~~";"~~W:.1 r~k~~~!hrmr.~<,>r:",~~J.JfI.1g~1if~~~~~~$1W~"%~~:;~~~+:~ ";~~"""~J" ", ,h":: ':::':ti/r'\;t;,:~"':'{;;{:':,'~ '"i"i~:~:' ,;" "':r~~'.':',.,," ;r' '., '\':/ :;",,': ';:(' . >':";~~~:\ ~ '. :":~ k~~:~:i;)~~/t:~.::(. ',.;:: :~~_~~:;\ , , . <' ., ..'. . . I . ~ ';" .. . . ',' ~ ~~~~----:I"'~~~" .t":4J~"t-,,,'.i~'.II,....:..\,,.;;I" \;~~I"''''\Jlil~':,\l' .{,'Vtt:i:1"~'~l;~.\.~~~~~~.iJ'J#~lI\~~' . ., ~:: :.~.~,.': '~'; '.':::. ",'. ". ~,'" :~~.;. "!<:',f:':~~:'~.~\f::;::.:~1:.r::J .;:~> ~~;~. ~.~.r:j:l;'t'~ ".~~'~~~~.:~ -', .;.,' ,".' 'j' ',.. .,', ....... ; .' :>' ' ,. , .. . . " ,~ ;,' " .; :, '" .........,. . . ,.. ~ , , i~~'I...___. , ~~~.....,"",...u_.:t..........J/:-'''...~: -"4 ..-..,.. ~ ." '....~..... J..,....~..;. ....'...."....~<.~~,. ~........ "vW .......... ~ ..,..-... .......~/~..., ....... ~.' .... ,,--.; . '"',.... ~.-....".. .........'........ .......... cw~ IMP~SSE ARTICLES 5. Under the provisions of this section, an employee may utilize his/her sick leave for absences from duty on any of his/her regularly scheduled work days for the number of regular hours he/she would otherwise have been scheduled to work on that day had not such absence occurred. Absence for a fraction of a day that is chargeable to sick leave in accordance with these provisions shall be charged by rounding to tenths of an hour according to the following: Minutes Tenths of an Hour 1 6 .1 7 12 .2 13 18 .3 19 24 .4 25 - 30 .5 31 36 .6 37 42 .7 43 48 .8 49 54 .9 55 - 60 1.0 6. Sick leave shall not be considered a privilege to be used at the employee's discretion, but shall be used only for absences: (a) Due to personal illness or physical incapacity caused by factors over which the employee has no reasonable immediate control. (b) Necessitated by exposure to contagious disease in which the health of others would be endangered by his/her attendance on duty. (c) Due to dental appointments, physical examinations, or other personal sickness prevention measures, the scheduling of which at times other than during his/her regular working hours is impossible or unreasonable. (d) Due to illness of a member of his/her immediate family which requires his/her personal care and attention, not exceeding in anyone calendar year, the accumulated number of scheduled work hours in the employee's regularly scheduled work week. The ter~ "Immediate Family" as used in this paragraph shall mean parents, grandparents, children, grandchildren, brothers, sisters or husband/wife of the employee and the immediate family as herein referenced of the husband/wife. 7. Any employee absent for one of the reasons mentioned above shall inform his/her immediate supervisor as early as possible on the first day of absence consistent with the Departmental Rules. However, when an employee has advised the Department on his/her first day of absence that said absence will be 3. . ..; , ..,. ." .", ,. ~ '. . ..~ ..... .1...... ~.}i .. , , , .'. ('''' ;1." ~'.. - . , . -. .' " ': /.~.:I~..: '~: ~:.:~~ '!~([i~~P'~~";f:r;~~!~: ...., '~,:::! .' \ r..' ;'., /- ,,',' . ". '(:~;. ""-. :', , I,' ., , " '1.1J~".J,~lr~;".'''');'''I"'P\:1' I, ,,",,' . :r.,."..,.J':I(',I......\1l(f'..". \:.~, 't;;':oi;"'fi ......:;,~.}..:.::..'~'...:7,'.. " . ; , :," _ ~' ': _I ...,;:"l.\~ ':'l.:......t~,~'.,. f'Y"':;' ":1" ,',': '.J,..',) ,;'.'i'", 1['" "". ., .' .,' '.'; .,-V",", ,~:~.r;~i'\ t;~ '~f~~I::;~f' ~ ',1~.I};'j . ~. '., " " ." " t, t',' ,.' " \' . t ~ '..... "~ '. . " (J' ~ I" : .:::'::: ". ,.".t~~,~){~J{~t:;.)~:...r;:!>;;:'.!,.'. .;.: . ,'. . p' ... , ..J,1"J;"~4',.." ," J,... .'< ".,' , . '. 'I" . " i.1 . I .' . L. "..,,', , ,. ,,',.... . 1. I' . :.\'~i;>{:i/;~::~t:..:~\:.;~'~;.;~. ;'\:::" : . "II! ':'~t. ... .~ ". ,., v '.' ,.' I.. !tf:%ff,;;~~\;,:;'.;\,c: r.,.' ;; 1.~1."." ',,",', \'" :,. ',^ . d, l' .J): Or, ; i " ~ ~ ~ , : ':. "'M .'J;.' ,; : '...:'~ ' , , .. t.,;,' :. ,.' '<. ,,\ , " . '\ ~ ,;. CWA IMPASSE ARTICLES of multi-day duration, the employee must call in each subsequent day within hour before or after normal starting time. When a doctor's certificate has provided to the Department reflecting a date the employee shall be released return to work the employee will not be required to call in daily; however, employee shall be required to call in during the workday preceding his/her return to work to confirm whether he/she shall return to work as scheduled. Failure to comply with requirements herein may be the cause of denial of sick leave with pay for the period of absence. one been to the 8. In the event that an employee's current illness or physical incapacity should continue beyond the point where his/her accumulated unused sick leave has been exhausted, he/she may, upon written request and the approval of his/her immediate supervisor, Department Director, and City Manager, and when substantiated by a statement from competent medical authority substantiating the continuance of such illness or incapacity, obtain~ a sick leave advance up to but not exceeding the amount of accumulated unused sick leave which the employee had to his/her credit at the time such current illness or physical incapacity began. The Personnel Director shall be immediately notified in writing of any such advance which shall be charged against the employee's sick leave account thereby creating an overdraft position. Such overdraft shall have the status of a loan by the City to the employee and shall be repaid: (a) By the subsequent accumulation of sick leave in the amount necessary to retire such loan, or (b) ~y repayment to the City of such portion of the salary previously paid to the employee under the foregoing provisions as might be necessary to retire such loan. The employee shall not be entitled to use any additional sick leave until the loan has been repaid and in the event of hiS/her separation prior to such repayment, the City shall retain from the monies otherwise due to the employee an amount sufficient to retire such loan. Provided, however, that if the separation is the result of the death of the employee, the loan shall be forthwith cancelled and no claim for repayment shall be filed against hiS/her estate. The employee shall not accumulate sick leave while being paid with borrowed sick leave. 9. Upon separation from the City service, an employee shall be paid one-half (1/2) of his/her accumulated unused sick leave, provided: (a) That the rate of payment shall be based on the regular biweekly salary of the employee.(including longevity) at the time of separation for which hiS/her accumulated unused sick leave will be charged with twice the number of regularly scheduled hours of wo~k for that employee in such biweekly period. If an employee is separated upon the termination of a leave of absence or the effective date of resignation executed under the provisions of paragraph (c) of this subsection, the rate of payment shall be based on the regular biweekly salary of the employee (including longevity) at the beginning of hiS/her leave of absence or the date the resignation was executed, and 4. ... ~'~ , . ii':.... - . fm"'" ,....~' "t.Ji<j ':""I>~'1:'II;,\!j:"~'.f:" . '\',~,p' .}~."t; .l;'f~'~'f: ~'l',l.j.f~:!h;: ~~.'t. ,:'"'.;',~~;~~ ,\:j-,. :~.:'~", ,,:),1;.<"':: \',:,~':""'. ',.'7 .r " .', ,'\ ;; .~,4.{I;i/'t!'''''''~~:l'':iY~~Y~Nr.~~#iI. ~,,~.~:~U~ ."~!:~,, "y, .':'. ,~?J;~-5}1\f:;',~W, , .~. ;'\:~~~;, ..h,'- ,~' ,,')~,:,~";'.~,~.1:'~P(:"3;':f,::. . . ~.. ) >~". --';'" .;, j' , " ':',j . ~v( >, " .... ; , , " :J ...-......: ". I, "...." ,. l'I'<oI,,,I~ .......,..j ."-f..;....,....._.:....~_n.....,~., CWA IMPASSE ARTICLES ARTICLE 23 SALARY The CJ~v 'n'i" ,,~ ~ l~J 11 .epare a ,a.ary !chedule which pro~ide3; A S~ wage ;ncrea3e for each employee in the bargaining, t1nit, effecti't'e October 1, 1987; A S~ 'n' age i nc'rea3e for each employee in the bargaining t.lnit, effective Qctober 1, 1988; and A S~ wage increa3e for each employee in the bargaining unit, effecti"e October 1, 1989; and An appendix 113ting --job cla"if;cat;on!, pay range! and bh'eekly for f;3cal 87/88. pay 1990. The base rate of pay will be 1ncrea ed b 2 0% ff . s y., e ective October 1, 7. ..,~,.""l.,..tj.~~~~."\,,,;,,_..,:j..."Vl ...'l'l~'~i.J~~4"'~l:~:.:.:"'f~ ,~!~...~;;~.';...~. ~ "~""'..~'''''''''''' v..~.....~~' I',' j I ! "