AGREEMENT 2005 - 2008
AGREEMENT
between
CITY OF CLEARWATER, FLORIDA
and
COMMUNICATIONS WORKERS OF AMERICA, Local 3179
FISCAL YEARS
2005-2006
2006-2007
2007-2008
TABLE OF CONTENTS
ARTICLE #
TITLE
PAGE #
Preamble ... ..... ............. ........ ....... ....... ......... ............... ....... ..... ...... ....1
Article 1
Recogni tion .....................................................................................1
Included & Excluded Members ...................................................................1
Managerial & Confidential Employees .......................................................1
General Provisions......................................................................................... 2
Article 2
Representatives of Parties................ ..... .......... .............. ...... ....... .... 2
Article 3
Rights of Parties ..................... ....... ............................ ............. ........ 3
City's Management Rights ......... ....... ........ ............... .......................... ........... 3
Union Rights..... .............. ....................... ............. .................... ..... ............ ....... 4
Emergency Conditions .................... ........ ...... .......... ....................... ........ ... ....6
Impact Bargaining.......................................................................................... 7
Article 4
No Strike ............ ................. ....... ............. ....... ............... ....... .......... 7
Article 5
Labor/Management Cooperation ................................................. 7
Article 6
Grievance Procedure ...... ......................... ........................... ............ 8
Definition........................................................................................................ 8
Steps................................................................................................................. 9
Arbitration..................................................................................................... 10
Article 7
Personnel Practices .................... .............. .......................... ...........12
Regular Work Hours ................................................................................... 12
Appointments & Promotions ......................... .............................. ............. 13
Probationary Periods ................................................................................... 15
Health & Safety......... ................................................................................... 17
Article 8
Leaves of Absence.................. ....... ...... ...... ......................... .......... .18
Designated Holidays ............. ...... ...... ......... ....... ............................. .............. 18
Floating Holidays......................................................................................... 20
Vacation........................................................................................................ 21
Sick Leave..................................................................................................... 23
Funeral Leave............................................................................................... 29
Line-of- Duty Injury .... .................................................................................30
Military Leave............................................................................................... 31
Jury Duty and Court Time ......................... ......... ...... ............... ......... .......... 32
Administrative Leave .......... ................ ..................... ................. ............. ......32
Leaves without Pay......... ....... ............. ........... .............. ........... ..................... 33
Other Time Off........................ ... ... ... ........ ...... ........... ... ................ ...............33
Union Time........ .......................... ....... ........ ....... ............. .... ..... ..... ........ ........34
TABLE OF CONTENTS
ARTICLE #
TITLE
PAGE #
Article 9
Wages & Compensation.. ......... ..................... ............ ...... .............35
Salary.............................................................................................................. 35
Overtime. ....... ...... ....... ........... ......... ........ ............ ...... ............... ..................... 38
Standby & Recall.. ....... ........ .............. ....... ............. ..... ................ ...... ..... .......38
Shift Differential... ......... ...... ......... ..... ......... ................. ............... ............. ....39
Acting Pay... ............. ............. ... ........................................... ......... .................39
Training Differential. ........ ........ ................ ........ .... .............. ... ......................40
Leadworker Pay.... ...... ........................ ................... ..... ...................... ............ 40
Assignment Pay Differential.. ..................... .................. ............. .................40
Uniforms & Rain Gear............ .......................................... ........ ..................41
Certification Pay........................................................................................... 41
Replacement & Repair of Tools/ ASE Certifications .............................42
Training and Career Development............... .............. ................... ...... ...... 42
Travel and Mileage.................. .......................... ................ .... ...... .................42
Commercial Drivers License ..... ..................... .... ....... ....... ..........................42
Article 10
Insurance...................................................................................... .43
Article 11
Performance & Discipline ......... .................. ............. ....................44
Article 12
Drug & Alcohol Policy... ........ .... ......................... ........ ...... ............44
Article 13
Retirement.................................................................................... .45
Article 14
Seniority, Layoff, and Recall............... ................... ......... ............. .46
Seniority......................................................................................................... 46
Layoff.............. ...... ........... ...... ............... .................... ................. ....................47
Article 15
Duration, Modification, & Termination ......................................48
Appendix A
Alphabetical Listing of Represented Classifications ..................... i
Appendix B
Pay Range Tables.. ......................... .............. ............ ..................... v
PREAMBLE
The CITY OF CLEARWATER, FLORIDA, hereinafter referred to as the "City", and
COMMUNICATIONS WORKERS OF AMERICA LOCAL 3179, hereinafter referred to as
the "Union", (PERC Certification Number 170), recognizing that the welfare and the best
interest of the City of Clearwater will be served by procedures which provide for an orderly
method for the City and the Union to bargain in good faith matters of common interest, do
hereby agree as follows:
ARTICLE 1
RECOGNITION
The City recognizes the Union as the exclusive bargaining representative for wages, hours and
other terms and conditions of employment for employees of the City of Clearwater, Florida, who are
members of the unit as herein defined:
Included: Nonprofessional employees of the City of Clearwater (See Appendix for listing of
included job classifications).
Excluded: Department Heads; Division Heads; Managerial and Confidential Employees
within the meaning of Section 447.203(4, 5), Florida Statutes; all Professional Employees within the
meaning of Section 447.203 (13), Florida Statutes; and all other employees of the City of Clearwater
not specifically included.
Section 1.
Managerial Employees
"Managerial Employees" as defined in Section 447.203 (4), Florida Statutes, are employees who
have authority in the interest of the public employer, City of Clearwater, to formulate policy or are
reasonably required to assist directly in the preparation for and the conduct of collective bargaining, or
have a major role in the administration of agreements resulting in collective bargaining, or have a
significant role in personnel administration or employee relations and in the preparation and
administration of budgets and said roles are not of a routine, clerical or administrative nature and
require the exercise of independent judgment. Historically, these job classifications have been treated
as managerial within the foregoing criteria.
Section 2.
Confidential Employees
"Confidential Employees" as defined in Section 447.203 (5), Florida Statutes, are employees
who act in a confidential capacity to assist or aid managerial employees as set forth above and as
defined in the Florida Statutes; specifically said employees have access to and assist in the preparation
for collective bargaining, budget, and all have access to information dealing with the administration of
this contract, including the handling of grievances under the grievance procedure as set forth herein.
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Section 3.
General Provisions
This Agreement shall be governed and construed according to the Constitution and Laws of
the State of Florida. Accordingly, if any provisions of this Agreement or any application of this
Agreement to any employee covered hereby shall be found contrary to law, such provisions or
applications shall have effect only to the extent permitted by law, but all other provisions of this
Agreement shall continue in full force and effect.
No change, rescission, alteration or modification of this Agreement, in whole or in part, shall be
valid unless the same is ratified by the City and the Union and endorsed in writing.
The parties acknowledge and agree that, during the negotiations which resulted in this
Agreement, each had the unlimited right and opportunity to make demands and proposals with respect
to any subject or matter included by law within the area of collective bargaining and that all the
understandings and agreements arrived at by the parties after the exercise of that right and opportunity
are set forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each
voluntarily and unqualifiedly waives the right to require further collective bargaining, and each agrees
that the other shall not be obligated to bargain collectively with respect to any matter or subject not
specifically referred to or covered by this Agreement, whether or not such matters have been
discussed, even though such subjects or matters may not have been within the knowledge or
contemplation of either or both parties at the time that they negotiated or signed this Agreement. This
Agreement contains the entire contract, understanding, undertaking and agreement of the parties
hereto and finally determines and settles all matters of collective bargaining for and during its term
except as may be specifically otherwise provided herein.
Section 4. A City or Department rule, regulation, policy or procedure now in existence in
conflict with this Agreement shall be resolved by modification of such rule, regulation, policy or
procedure to be compatible with this Agreement.
Section 5. The parties agree to bargain proposed changes in the City's Civil Service Rules
that deal with mandatory subjects of collective bargaining and any impact these changes may have
on bargaining unit members.
ARTICLE 2
REPRESENTATIVES OF PARTIES
The City agrees that during the term of this Agreement it will deal only with the authorized
representatives of the Union in matters requiring the mutual consent or other official action called for
by this Agreement. The Union agrees to notify the City in writing of the name of such authorized
representatives. Written notice of the replacement of authorized Union representatives shall also be
provided to the City Manager, and the City shall not recognize the designated replacement
representatives until 24 hours after having received such written notice.
The Union agrees that during the term of this Agreement it will deal only with the authorized
representatives of the City, to wit: the City Manager or his/her designees.
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ARTICLE 3
RIGHTS OF PARTIES
Section 1. Employees in the bargaining unit shall have the right to form, join, and
participate in, or to refrain from joining, forming, or participating in the Union. Neither the City nor
the Union will discriminate against any employees in regard thereto.
Section 2. The City and the Union will not discriminate against employees in the unit
because of race, color, sex, age, national origin, disability, religion, marital status, or membership or
non-membership in a union; provided, however, that this will not prohibit the City from establishing
bona fide occupational qualifications or taking other such actions as permitted by law. If a charge of
discrimination by an employee against the City, its officers, or representatives is filed with any
appropriate agency having jurisdiction of such charge, said employee or the Union will not file or
pursue a grievance under Article 6 of this Agreement. If a grievance is pending at the time such a
charge is filed, it shall be considered withdrawn.
Section 3. It is understood that the provIsIons of this Article embrace all rights of
employees covered by all federal, state, county and city laws and regulations.
Section 4.
City's Management Rights
The City reserves, retains, and is vested with exclusively, all rights of management which have
not been expressly abridged by specific provisions of this Agreement. The exclusive rights of
management include, but are not limited to, ):he following:
A. to manage the City generally and to determine the issues of policy;
B. to determine the facts which are the basis of management decisions;
C. to determine the necessity or organization of any service or activity conducted by the City and
to expand or diminish services;
D. to determine the nature, manner, means, and technology, and extent of services to be provided
to the public;
E. to determine methods of financing and budgeting;
F. to determine the types of equipment and technology to be used;
G. to determine and/or change the facilities, methods, technology, means and size of the work
force by which the City operations are to be conducted;
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H. to detenrune 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;
1. to assign work to and schedule employees in accordance with requirements as detenruned by
the City, and to establish and change work schedules and assignments;
J. to relieve employees from duties for lack of work, lack of funds or any other non-disciplinary
reasons;
K. to discharge, suspend, demote, or otherwise discipline employees for just cause;
L. to determine job classifications and to create, modify or discontinue jobs;
M. to hire, transfer, promote, and demote employees;
N. to detenrune policies,. procedures, and standards for selection and training;
O. to establish productivity programs and employee performance standards including, but not
limited to, quality and quantity standards and to require that such standards be followed;
P. to maintain order and efficiency in its facilities and operations;
Q. to establish and promulgate and/or modify rules and regulations and standard operating
procedures;
R. to otherwise take such measures as the City may detenrune to be necessary to the orderly and
efficient operation of its various operations, functions and services;
Section 5.
Union Rights
A. Check-Off The City shall deduct dues twice per month in amounts as certified to the City by
the Secretary-Treasurer of the Communications Workers of America and will remit the
aggregate deduction so authorized together with an itemized statement to the Secretary-
Treasurer. Dues deductions will be remitted within 30 days from the date of the deduction on
a monthly basis. Changes in Union membership dues will be similarly certified to the City in
writing and shall be done at least 30 days prior to the effective date of such change.
Notwithstanding anything herein to the contrary, any authorization for dues deduction may be
cancelled by the employee upon 30 days written notice to the City and to the Union.
The Union shall indemnify and hold harmless the City from any and all claims or demands and
expenses in connection therewith based upon the City's participation in dues deduction.
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Nothing contained herein shall require the City to deduct from a salary or be otherwise
involved in the collection of Union flnes, penalties or special assessments.
B. The Union shall have access to City conference rooms and other similar building facilities, if
available, for meetings of the Union in the same manner as the general public. However, the
Union shall have access to available facilities, without charge, for meetings to ratify this
Agreement.
C. A copy of the offlcial City Council agenda shall be provided to the Union.
D. The Union shall be entitled to use four square feet of a designated bulletin board in each City
building or facility where the City maintains an employee bulletin board; provided said bulletin
boards shall be used for posting Union notices only and shall not be used for the purpose of
soliciting membership.
E. All permissible notices shall be signed by a duly recognized offlcer of the Union and may be
delivered through the City's departmental interofflcemail system. The City agrees to accept
from the Union, review for appropriateness, and forward permissible notices via e-mail to a list
of work sites and designated bargaining unit members as approved in advance by the City. The
City reserves the right to discontinue the use of e-mail for such purpose at any time if the City
determines that the approved and forwarded e-mail is not used for the intended purpose.
F. The Union President will be provided, on a quarterly basis or upon request, the names, and
home addresses, and such other data that is readily available from the City's information
database for all current employees of the City who are in the bargaining unit. The Union shall
have access to such names and addresses at any time pursuant to public records law, subject to
such fees as may be proper in accordance with state law.
G. The Union representatives shall be allowed reasonable time off without loss of pay during their
regular shift hours for investigating grievances provided that, in the judgment of the
Department or City, the performance of this function by the Union representative shall in no
way interrupt the normal functioning of City work assignments. The investigation of
grievances by Union representatives shall not be conducted in greater than 2-hour increments
per day. The Union agrees to guard against the use of excessive time for such activities which
are authorized by this Agreement. The Union representative will provide advance notice to
his/her supervision to allow planning arrangements to enable the Union representative time off
for investigative activity. When a Union representative desires to contact an employee in the
unit who has a complaint, he/she shall fIrst obtain permission from the employee's supervisor.
If permission is denied at that particular time, the Union representative will be informed of the
reason for the denial. However, the denial of permission shall not be subject to the grievance
procedure. The Union representative will notify his/her supervisor upon his/her return to
work. The President of the Union, or the designee of the President, shall have the privileges
accorded to a Union representative.
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H. There shall be an average of one Union steward for each City department or one for each 35
employees in the bargaining unit. No division shall be assigned more than one Union
representative unless the Division has more than 35 employees, then one Union steward for
each 35 employees or fraction thereof may be assigned.
I. The City shall permit the Union to make a presentation to all new bargaining unit members at
the City new employee orientation. Subject matter of the Union presentation and any Union
materials to be distributed must be approved by the City Manager or his/her designee.
Section 6.
Miscellaneous
A. Shared Cost of Printing Agreement -- The City and the Union each agree to pay one-half of a
reasonable cost for printing copies of this Agreement in pocket booklet form for all employees
in the unit. If the City is unable to perform the printing or copying internally, the City agrees to
include up to three printers of the Union's choice in obtaining quotes for services in accordance
with City purchasing guidelines. The City further agrees to utilize the printer of the Union's
choice if such printer submits the lowest bid, or provided the Union pays the difference in
copying costs between that of the Union's printer and that of the printer submitting the lowest
bid.
B. Review of Personnel File
review their personnel f1les.
On reasonable advance notice, employees shall be allowed to
C. Participation in Charity Drives -- Employees are encouraged to participate in charity drives.
However, no employees will be pressured by either party to this Agreement to contribute to
any charity.
D. Union Committees -- Certain committees of the Union may be allowed to meet during
normal work hours, this time to be subject to approval by the City Manager's office. Such
committees and meetings shall not include preparation for bargaining.
E. Use of City Copying Equipment -- Cost to be paid by the Union for printing of Union
material. This material shall be non-controversial in nature and subject to advance review by
the City Manager or his/her designee.
Section 7. If in the sole discretion of the City Manager or the Mayor it is determined that
civil emergency conditions exist or may exist, including, but not limited to, riots, civil disorders,
hurricane conditions, strikes, or similar catastrophes or disorders, this Agreement may be suspended by
the City Manager or the Mayor during the time of the declared emergency, provided that wage rates
and other direct monetary payments shall not be suspended. Further, a discharge, suspension or
demotion occurring during such emergency may be pursued as a grievance upon the termination of the
emergency. The date of termination of the emergency shall be considered the first day under the
grievance procedure.
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Section 8.
Impact Bargaining
The City and Union agree to bargain the impact of the exercise of Management Rights to
change wages, hours or terms and conditions of employment of any person covered by this
Agreement. The City will notify the Union of any proposal that may affect wages, hours, or terms and
conditions of employment prior to implementation. The Union will notify the City in writing, within
30 calendar days, of the specific impact and the intent of the Union to bargain the impact of the
change. Failure to notify the City of the specific negotiable impact of a proposed change within the
time limit prescribed above shall constitute acceptance of the change on the part of the Union and the
City may implement the change at the end of the prescribed time limit. If timely notice is given, the
proposal shall not be implemented until resolution is reached. The City and the Union will then
negotiate those impacts. In the event of an impasse on said bargaining, the parties agree the Special
Master process is waived and the parties will proceed directly to the City of Clearwater Council for
final and binding resolution of the issues. The parties may call for a Special Master upon mutual
agreement endorsed in writing.
ARTICLE 4
NO STRIKE AND OTHER UNLAWFUL ACTS
Section 1. The parties specifically incorporate herein the provisions of Florida Statutes
447.505,447.507, and 447.509.
Section 2. In addition to the prohibitions and penalties prescribed in the aforementioned
sections of the Florida Statutes, the parties specifically agree that any individual employee engaging in
such activity may be immediately terminated in accordance with said Statutes. In addition, liability shall
attach to such individual employee as well as the Union if the provisions of this section are violated.
Section 3. Should the Union or any of its employees breach this Article, the City may, in
addition to the remedies provided in Chapter 447 of the Florida Statutes, be entitled to obtain a
temporary injunction at an ex parte hearing.
ARTICLE 5
LABOR/MANAGEMENT COOPERATION
The Union recognizes and supports the concept of a Labor-Management Committee to
address city-wide employee concerns that are not specifically provided for by contract provisions and
to improve labor-management communications. Such a committee shall be established, to be
composed of six representatives selected by the Union and six representatives selected by the City.
Resource people, visitors, and a facilitator if necessary may attend Committee meetings upon mutual
agreement of the Union and the City. Rules and operating procedures of the Committee shall be
established and may be changed by mutual agreement of the City and the Union.
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The Labor-Management Committee shall not be intended to bypass the grievance procedure.
The Committee shall have advisory powers only but may propose standard policies and procedures to
be followed city-wide. However, decision making responsibility shall continue to remain with line
management of the City and with line officers of the Union. If such recommendations are adopted by
the City Manager, they shall not be applied to bargaining unit employees if they are in conflict with the
provisions of the CW A contract.
The City will make available up to $5,000 per fiscal year for expenses of the Committee. The
expenditures of any such funds made available by the City will require the mutual agreement of the
City and the Union.
ARTICLE 6
GRIEVANCE PROCEDURE
It is the intent of this Article to provide a means for the fair, expeditious and orderly settlement
of disputes that arise under this Agreement between the Union and/or an employee and the City. All
employees and supervisory personnel should make every possible effort to settle differences at the
lowest possible step outlined in this Article.
Section 1. A grievance shall be defined as any difference, dispute or complaint regarding
the interpretation or application of the terms of this Agreement. Grievances may be f1led by the City
or by an aggrieved employee through the Union. Entrance probationary employees shall not have
access to the grievance procedure during the probationary period. Grievances initiated by the City
shall always begin in Step 3, as hereinafter provided.
A class-action grievance may be f1led by the Union if an action or dispute directly affects more
than one bargaining unit employee. A class-action grievance may begin at Step 3.
Section 2. No employee or group of employees may refuse to follow directions pending the
outcome of a grievance. Employees in the unit will follow all directives, even if such directives are
allegedly in conflict with the provisions of this Agreement. Compliance with such directives will not in
any way prejudice the Union and/or employee's right to flie a grievance within the time limits
contained herein, nor shall compliance affect the ultimate resolution of the grievance.
Section 3. It is recognized and accepted by the Union and the City that the processing of
grievances is of utmost importance, and therefore grievances may be processed during employees'
normal working hours without loss of wages when the absence of employees or supervisors involved is
reasonable and will not, in the judgment of the Department Head or City Manager or City Manager's
designee, be detrimental to the work programs of the City. A grievant may be accompanied by a
Union representative at any time during the grievance procedure. The City will attempt to
accommodate all parties in the processing of grievances.
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Section 4. If an employee selects the grievance procedure, as hereinafter set out under this
Agreement, it is specifically understood that said employee has exercised his/her option granted by
Florida Statutes 447.401 and cannot thereafter process his/her complaint under any Civil Service
appeal procedure. Any employee presenting a grievance shall be referred to a Union representative
after which the Union will advise whether the grievance is meritorious for processing, and shall be
formally processed in accordance with the steps outlined below. When the City is informed by the
Union that it is representing an employee in the grievance process, the City shall not deal directly with
the employee throughout the process except at the employee's specific written request. The Union
shall be afforded the opportunity to be present at the resolution or determination of any grievance
involving a bargaining unit member.
Normal working hours shall be 8:00 a.m. to 5:00 p.m. on normal work days which are Monday
through Friday, except holidays.
Step 1
Within 15 working days after such alleged violation is known by the grievant, the Union and/or
aggrieved employee will present the grievance in writing on the appropriate form to the employee's
division head and a copy to the City Manager or his/her designee.
The written grievance at this step, and at all steps thereafter, shall contain the information
specified on the grievance forms. Forms will be made available to employees by both parries.
Grievances submitted which do not contain the information required on the form shall be returned
to the Union and/or employee for completion. The Union and/or employee shall be advised as to
why the form is not complete. This shall extend the required time for submittal of the grievance to
5 working days from the time that the grievance is returned to the grievant. Upon acceptance of
the grievance, the grievance form may not be amended from the original written grievance at the initial
step of the grievance procedure except by mutual agreement of the parries.
The division head will arrange for a meeting with the Union and/or grievant within five
working days after receipt of the grievance or failure of the parries to resolve the grievance informally.
A grievant may have a Union representative accompany him/her to the meeting with the division head
to whom the employee is responsible. Discussions shall be informal for the purpose of settling
differences in the simplest and most direct manner. The division head will provide the Union and/or
the grievant with a written answer on the grievance within five working days from the date of said
meeting.
If the grievance is not resolved at Step 1, the Union and/or grievant, within ten working days,
may appeal the grievance to Step 2.
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Step 2
If the grievance is appealed to the Department Director, the Department Director or designee
will arrange for a meeting with the Union and/or grievant within five working days after receipt of the
grievance. A grievant may have a Union representative accompany him/her to the meeting with the
Department Director or designee to whom the employee is responsible. Discussion shall be informal
for the purpose of settling differences in the simplest and most direct manner. The Department
Director or designee will provide the Union and/or grievant with a written answer on the grievance
within five working days from the date of said meeting.
If the grievance is not resolved at Step 2, the Union and/or grievant may, within ten working
days, appeal the grievance to Step 3.
Step 3
If the grievance is appealed to the City Manager or his/her designee, the City Manager or
his/her designee will arrange for a meeting with the Union and/or grievant within 10 working days of
receipt of the grievance. Both the City and the Union and/or grievant shall have the right to include in
its representation such individuals as they deem necessary to develop pertinent facts. Discussion shall
be informal for the purpose of settling differences in the simplest and most direct manner. Acting for
the City, the City Manager or his/her designee shall, within 21 calendar days, provide a written decision
to the Union and/or grievant after the hearings have been held. If the Union and/or grievant is not
satisfied with the disposition of the grievance at Step 3, the grievance may be submitted to arbitration.
Step 4 - Arbitration
A. Within 30 calendar days from the receipt of the decision of the City Manager or his/her
designee for a Union/employee initiated grievance, or failure to resolve a City-initiated
grievance as provided in Section 5, Miscellaneous, subparagraph "H" hereof, the party
requesting to arbitrate the grievance shall give written notice to the other of intent to arbitrate
and shall at the same time request a list of seven arbitrators from the Federal Mediation and
Conciliation Service. For Union initiated grievances involving suspension, demotion, or
dismissal, the time limit for requesting arbitration shall be 90 calendar days following receipt by
the Union of the City Manager or designee's decision. Each party shall have the right to
unilaterally reject one list of arbitrators received from FMCS. Thereafter, a list may only be
rejected by mutual consent of the parties.
B. Within 10 calendar days after receipt of the list of arbitrators, the Union and the City shall meet
and each strike three names therefrom, with the party presenting the grievance striking the first
name and the parties alternating thereafter, the remaining name to designate the arbitrator.
C. As promptly as can be arranged the arbitration hearing shall be held. The arbitrator shall
arbitrate solely the issue presented and shall not have the authority to determine any other
issues not submitted to him/her. The arbitrator, in rendering his/her decision, shall confine
his/her decision to the grievance in question and he/ she shall not have the authority to add to,
take away from, alter or amend any provision of this Agreement.
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D. The decision of the arbitrator, insofar as it is in conformance with paragraph "C" herein above,
shall be final and binding on the aggrieved employee, Union, and City.
E. The expense of the arbitrator shall be borne equally by both parties, except that if either side
desires a written transcript, such side shall bear the costs thereof. Expenses in connection with
attendance of participants and witnesses for any party shall be paid by the party producing such
participants and witnesses.
F. Any decision of the arbitrator shall not be retroactive more than 15 working days prior to the
date the grievance was submitted. The City will incur no liability for back pay more than 30
days following the arbitration hearing.
Section 5.
Miscellaneous
A. The parties will cooperate in the investigation of any grievance, providing all pertinent
information as may be requested for the processing of a grievance.
B. No reprisals of any kind shall be taken against any party in interest participating in the grievance
procedure.
C. No record dealing with the processing of a grievance shall become a part of the personnel fues
of individual employees; however, ultimate records of adverse actions against employees may
be included in personnel files.
D. No employee shall be required to discuss a written grievance if a Union representative is not
present.
E. In order to prevent the filing of a multiplicity of grievances on the same question of
interpretation or compliance where the grievance covers a question common to a number of
employees, it shall set forth thereon the names of the persons of the group and the title and
specific assignments of the people covered by the group grievance. In such event, the Union
and/ or one employee shall be designated by the group of employees to act as the grievant.
F. Grievances arising at a step other than Step 1 shall be processed in the same manner except
that the grievance will be initiated with the appropriate City administrator or his/her designee
rather than with the division head or department head. Grievances relating to suspension or
dismissal shall be initiated at Step 3, however the Union shall be required to provide a copy of
any such grievance submitted at Step 3 to the employee's department head.
G. It is specifically agreed that employees who claim to have been discharged unjustly shall be
subject to the foregoing grievance procedure, and if it is found that an employee has been
unjustly discharged, he/she may be returned to work with pay for all time lost; provided that
discharge or other disciplinary action taken with respect to any probationary employees is
expressly excluded from this paragraph.
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H. Where any provision of this Agreement involves responsibility on the part of the Union that, in
the view of the City, is not properly being carried out, the City may present the issue to the
Union as a grievance. If such grievance cannot be resolved by discussion between the City and
the Union on an informal basis, the grievance shall be initiated at Step 3 of this procedure by
the Deputy City Manager, or his/her designee, and submitted in writing to the Union President.
If not resolved within 21 calendar days following receipt by the Union of the written grievance,
the City may submit the grievance to arbitration under the provision of this Article.
I. The time limits of a grievance at any level may be extended by mutual written consent of the
parties. If a grievant fails to submit or advance a grievance at any step in the process within the
prescribed time limit as defined above, the written determination received by the grievant from
the respondent at the prior step shall be considered accepted by the grievant, and the grievance
shall be considered resolved. If the City fails to respond to a grievant at any step in the process
within the prescribed time limit as defined above, the Union may advance the grievance to the
next step in the process.
ARTICLE 7
PERSONNEL PRACTICES
Section 1.
Regular Work Hours
A. The regularly scheduled work week of the employees in the bargaining unit will be from 12:01
a.m. Saturday to midnight Friday. Employees' hours of work excluding unpaid meal periods
will consist of the number of hours set forth opposite the respective job class titles in the
Official Pay Plan.
B. All full-time employees shall be provided up to one hour off work with no pay each day for a
meal period, generally scheduled in the middle of the work shift. When employees are required
by the City to perform actual job duties during any part of a meal period, the entire meal period
shall be paid and counted as hours worked. All full-time employees shall be granted two 15-
minute paid rest periods, one during the first portion of their work shift prior to the meal
period and one after the meal period. Full-time employees who work a partial day shall be
provided one 15-minute paid rest period for each four hours worked. If employees opt not to
utilize such meal and/ or rest periods, the City shall not be deemed to have violated this section.
Employees shall not have the right to accrue or otherwise utilize rest periods to alter their work
schedule. In the event a full-time employee's weekly schedule is other than 5 work days, rest
break times may be adjusted to permit the equivalent rest time on a weekly basis proportionate
to employees on the standard 5 day work schedule. Part-time employees shall be granted meal
or rest periods in accordance with the above and based on the number of hours worked each
day proportionate to a full-time employee in the same job classification.
12
C. When an employee is required by the Department Director to attend training or job-related
workshops, such time spent in training shall be paid and counted as hours worked toward the
calculation of overtime. Meal periods shall not be included as such hours worked. However, if
the time spent in training alone is less than the employee's regularly scheduled hours of work
for the day, and it is not practical as determined by the employee's department for the employee
to report to work before or after the training, the employee will be paid for the number of
his/her regularly scheduled hours for the day.
D. The number of days of work in a specific work week for employees in the bargaining unit may
vary between four, five, or six days. Whenever practicable, each employee's regularly scheduled
work week will consist of two days off per week, exclusive of overtime, standby, or recall. Each
full-time employee and any part-time employee requesting such will be granted at least one day
off per week, exclusive of overtime, standby, or recall.
E. An employee's work schedule will not be changed arbitrarily, and the employee will be given
reasonable notice consistent with the City's planning of its needs. Forty-eight hours will be
deemed reasonable notice.
F. Employees may request, and with the prior approval of their respective Department shall be
permitted to adjust or "flex" their hours of work within a specific work week.
G. Employees will neither be docked pay nor be paid overtime for the first six minutes (1/10
hour) before or after starting and stopping times. However, employees are expected to be at
their work station and prepared to work at their appointed starting time.
Section 2.
Appointments & Promotions
A. All appointments to positions in the bargaining unit shall be made on the basis of merit and
fitness for the position to be determined as far as practical and possible by competitive
examination under the policies and practices of the Human Resources Department.
Employees may review their own respective examination results upon request. The Union
local president or designee (excluding any examination participant) shall be permitted to review
individual examination results upon request and take such notes as necessary for the purpose of
determining whether to file or pursue a grievance.
B. Examination announcements for competitive exams will be provided to each City Department
for posting at each appropriate work location at least 10 work days prior to the filing deadline.
C. The City agrees to use to the maximum extent the skills and talents of existing employees in the
unit in order to achieve the resulting benefits of higher morale and reduced turnover. In filling
positions in the unit, the City will give concurrent consideration to persons in and outside the
unit, but all other factors being substantially equal, will fill such positions by selection from
eligible candidates in the unit. This shall not preclude the City from giving promotional
examinations restricted to City employees.
13
D. Promotional Lists -- The names of all persons who may be lawfully appointed and who shall
have attained a passing grade on any promotional or open competitive examination shall be
placed on the appropriate promotional list.
E. Duration of Eligibility -- All bargaining unit members appearing on appointment eligibility
lists shall remain eligible for a period of five years from the date of the establishing of the
member's name on the appropriate list. Bargaining unit members appearing on reemployment
eligibility lists shall remain eligible for reemployment for a period of one year from the date of
separation.
F. Removal of Names from Lists -- Names of eligibles shall be removed from appropriate
eligible lists by operation of any of the following:
1. Appointment through certification from such list to fill a permanent position.
2. Declination of Appointment: Failure to respond to any inquiry of the Human Resources
Director regarding availability for appointment.
3. Separation from the City service of an employee on a promotional list.
4. Disability (in accordance with the Americans with Disabilities Act) that prevents the eligible
from performing satisfactorily the duties of the position.
5. Determination by the Human Resources Director that the eligible has been found to lack
any of the established qualifications for the position.
G. Types of Appointments -- All vacancies in the bargaining unit shall be filled by appointment
from the appropriate eligibility list, as determined by the Appointing Authority and the Director
of Human Resources. Selection criteria shall be developed by the City and reviewed by the
Human Resources Department. Such criteria, including relevant qualifications and seniority as
described in Article 14, Section 1,B, shall be noted on the job announcement at the time of its
posting. Action plans more than two years beyond successful completion shall not be
considered as factors in any appointment decision involving an existing employee. An
employee who is not selected for promotion shall be afforded, upon request, a meeting with the
respective hiring department and/or Human Resources to be provided an explanation of the
selection criteria and the manner in which it was applied, and including a review of areas
whereby improvement may make such employee better qualified.
H. Promotions -- Whenever an employee having regular status successfully competes in an open
competitive examination and receives an appointment to a class of a higher level, such
appointment shall be considered a promotional appointment. A class of a higher level shall be
deemed to be one having a higher maximum rate of pay.
14
I. Order of Certification -- The Human Resources Director shall detennine the order of
certifications which may be by test score, alphabetically, by special qualification or as otherwise
detennined appropriate.
J. Temporary and Emergency Appointments
1. Whenever there is need of an employee for a temporary period, not to exceed one year, the
Human Resources Director shall certify the names of persons on the appropriate eligibility
list. The acceptance or refusal by an eligible of a Temporary appointment shall not affect
his/her standing on the eligible list.
2. When it is impossible or impracticable to fill a position or when an eligibility list does not
currently exist for a position classification, the Appointing Authority and the Human
Resources Director may appoint any qualified person to such position via an Emergency
Appointment without competitive examination.
3. In the event that an Emergency appointment is made for the purpose of filling a regular
vacancy when no current eligibility list exists, the Human Resources Director shall schedule
an examination for the appropriate classification within 120 calendar days in an effort to
establish a promotional or original appointment list. If an emergency appointment is made
for the purpose of filling a position due to temporary absence of regular employees or
because of an excessive work load expected to be of short duration, the Human Resources
Director shall not be required to schedule an examination for that position classification.
4. The Union shall be provided monthly or upon request a list of all current Emergency
Appointments.
K. Probationary Periods
1. All persons initially employed or promoted to, or within, the bargaining unit shall have to
serve a probationary period. During the probationary period, management shall observe
and review the employee's job performance, attendance, attitude and adherence to
Department and City requirements and such other factors as in the City's determination are
important factors to consider with respect to continuing the employee in the position.
2. The probationary period shall consist of six consecutive months or the equivalent;
provided, however, that the City may extend such probationary periods for up to three
additional months. Regular part-time employees shall be required to complete 1040 hours
of actual work in a class which has a normal full-time work schedule of 40 hours per week
or of completing 975 hours of actual work if employed in a class which has a normal
full-time work schedule of 37-1/2 hours per week, provided that in no event shall such
regular part-time employee be deemed to have completed a probationary period in less than
six calendar months.
15
3. Determination that the employee has not successfully completed the probationary period
shall be made by the City. The promotional probationary employee who does not
successfully complete the probationary period may have his/her probationary period
extended for up to three months; or shall have the right to be returned to the employee's
former position at any time up to five work days following the completion of the
employee's first month probationary performance review; or may be re-assigned subsequent
to five work days following the completion of the employee's first month probationary
performance review to another position at the same or lower level for which the employee
is determined to be qualified and with no loss of pay from the employee's position prior to
promotion; provided in any case that there is no cause for dismissal. Employees who take
advantage of the opportunity to revert to their position held prior to promotion within the
requisite time period of up to five work days following the completion of their first month
promotional probationary review shall have their annual performance evaluation date
returned to the date that was effective prior to the promotion rather than the date of the
return to the former position or voluntary demotion. The entrance probationary employee
who does not successfully complete the probationary period may have his/her probationary
period extended for up to three months, or shall be separated from employment.
4. Time served during a Temporary appointment in the same job class immediately preceding
regular employment status shall be credited toward the time required to be served in the
probationary period in the same Department and the same division.
s. In the event that an employee is for any reason absent from duty for an accumulated period
of scheduled work hours equivalent to more than nine work days prior to the completion of
the probationary period, all such time off may be used to extend the prescribed
probationary period.
6. If a promotional probationary employee has committed a serious infraction which warrants
dismissal, then the employee shall be dismissed and not returned to his/her former
position.
7. Any newly hired employee who is separated during or at the end of the expiration of the
probationary period~ or newly promoted employee who is returned to his/her former
position~ shall have no right of appeal or grievance relating to such action.
L. Job Classification Appeals
An employee, for good and sufficient reasons, may appeal for a change in classification. Such
appeal shall be submitted to the department head first who shall send it, with his/her
recommendation, to the Human Resources Director for review as to its justification. If the
Human Resources Director finds merit in the appeal, he/she shall recommend to the City
Manager or designee an appropriate change in class. The decision of the City Manager is final
and binding.
16
Section 3.
Health & Safety
A. The City and the Union will cooperate in establishing a sub-committee of the
Labor/Management Committee with the continued objective of eliminating accident and health
hazards. This committee will meet on a regular basis and may make written recommendations
to the City regarding unsafe conditions or ideas for City safety. The City will consider written
recommendations from the committee and will implement solutions to these conditions where
practicable or shall appear before the committee or provide a written response as to why said
solutions are not practicable.
B. The City will provide any safety equipment and devices for employees engaged in work where
such special devices and equipment are necessary and are specifically required by the City.
Employees not utilizing safety equipment which is specifically required by, and furnished or
paid for by the City, shall be subject to denial of work and/ or disciplinary action.
C. Employees will not suffer any position penalty nor be fmancially responsible for damage to City
property occasioned by accident which is not caused by negligence.
D. The City shall continue to maintain a cleanup room with sanitary showers for the use of all
employees whose employment presents a threat of disease due to their exposure to unsanitary
conditions in those areas where it is currently doing so. If the Union believes that new
locations or areas exist which they feel should have cleanup rooms with sanitary showers for
use by employees, they shall advise the City at a Labor-Management meeting and the City shall
initiate a review of the need.
E. The City agrees to periodically review the availability of discount programs through third parties
for employees who wish to purchase safety equipment not required and provided by the City.
F. No employee shall be required to work more than 16 hours in any day, except in an emergency.
G. Effective October 1, 2005, the City shall provide free access for all bargaining unit members
to any City recreational facility. Additional fees for programs conducted at such facilities
shall be borne by the employee. It is understood by all parties that the decision whether to
use such facilities is completely voluntary on the part of the bargaining unit members, and
time spent using such facilities shall neither be paid nor will any accidents or injuries incurred
while utilizing such facilities be compensable under workers compensation.
Section 4.
Paycheck Issuance
Paychecks shall be available to be issued to employees at the start of their respective workdays
on the same day that the paycheck is dated. Effective 60 days following the date of approval of
this Agreement by the City Council, employees may elect to receive the entirety of their pay in
standard hard copy paycheck format or through direct deposit by electronic transfer, and will not
be permitted to split their pay between the two mediums.
17
ARTICLE 8
LEAVES OF ABSENCE
Section 1.
Holidays
A. Designated Holidays
The following days shall be observed as designated holidays for regular full-time and part-time
employees.
New Year's Day
Martin Luther I<ing Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
Note: Emergency, seasonal, Temporary, temporary part-time, and other non-regular employees shall
not receive holiday pay.
1. Regular part-time employees shall be eligible to receive holiday pay at a prorated amount
based on 20% of the weekly average of the employee's annual budgeted hours.
2. When a City designated holiday falls on Saturday, the preceding Friday shall be designated a
substitute holiday and observed as the official holiday for the year for non-shift employees.
When a City designated holiday falls on Sunday, the following Monday shall be designated a
substitute holiday and observed as the official holiday for that year for non-shift employees.
All designated holiday pay considerations are applicable to the designated holiday.
3. Designated holidays which fall on an employee's regularly scheduled work day shall count
as hours actually worked for the purposes of calculating overtime. The City shall not
arbitrarily adjust work schedules to preclude a designated holiday from falling on an
employee's regularly scheduled work day.
4. Employees who are required to work on a designated holiday shall receive time-and-one-
half their regular pay for all hours actually worked on the holiday plus holiday pay at the
employees' regular rate of pay.
5. An employee scheduled to work a designated holiday and who, without notice and valid
reason therefore, in the judgment of the City, fails to report for such work, shall forfeit
holiday pay as well as losing regular pay for the number of hours hel she would have
worked.
18
6. Employees on vacation leave, jury duty, sick leave and other absences from duty but on a
regular pay status on the day the designated holiday is observed must use the holiday on the
same day that it is observed.
7. An employee must work or be in a paid status on his/her regularly scheduled work day
immediately preceding and on his/her regularly scheduled work day immediately following
a holiday to be entitled to any compensation for the holiday. Employees who are absent
from work in a non-pay status (such as an employee receiving Workers' Compensation who
has exhausted the injury benefit and sick leave, leaves of absence without pay, etc.) on either
their regularly scheduled work day immediately preceding or immediately following the
designated holiday shall not be paid for holidays falling within such periods.
8. If an employee calls in sick in accordance with established notification requirements when
scheduled to work on a designated holiday, the employee shall receive holiday pay (eight
hours for the 5/8 employee and 10 hours for the 4/10 employee) and shall not be charged
sick leave.
9. Pay Procedures for Designated Holidays
a) Procedure when holiday TaIls on employee's scheduled work day and employee
takes the day off: Pay eight hours holiday pay for the 5/8 shift and 10 hours holiday pay
for the 4/10 shift. Both types of employees are paid for 40 hours -- a standard work week
minus one work day plus one day holiday.
b) Procedure when holiday falls on employee's scheduled work day and employee
works part of the day, works the respective normal full work day, or works overtime
beyond the respective normal full work day: Employees on the 5/8 shift receive eight
hours of holiday pay and employees on the 4/10 shift receive ten hours of holiday pay.
Employee is paid time-and-one-half for hours actually worked on the designated holiday.
c) Procedure when holiday falls on employee's regularly scheduled day off:
Employee may elect to receive holiday pay which will not count as hours actually worked
for the purpose of calculating overtime (eight hours for the 5/8 shift and ten hours for the
4/10 shift) in addition to regular hours scheduled for the week; or may elect to designate as
a holiday his/her regularly scheduled work day which immediately precedes or immediately
follows the City designated holiday within the same pay week, in which case the hours for
holiday pay would count as hours actually worked for the purpose of calculating overtime.
19
B. Floating Holidays
In addition to the designated holidays above, employees shall be entitled to up to three floating
holidays per payroll calendar year. Regular part-time employees shall be eligible to receive floating
holidays at a prorated amount based on 20% of the weekly average of the employee's annual
budgeted hours. Floating holidays may be utilized in full-day increments only. Floating holidays
shall count as hours worked for the purpose of calculating overtime.
1. Designated holidays or any day an employee is not scheduled to work may not be selected as
a floating holiday.
2. Floating holiday requirements for new hires are as follows:
a) No employee may utilize floating holidays until 60 calendar days after his/her date of
employment.
b) Any bargaining unit member employed between January 1 and March 31 shall receive
three floating holidays to be utilized during the calendar year of hire.
c) Any bargaining unit member employed between April 1 and June 30 shall receive two
floating holidays to be utilized during the calendar year of hire.
d) Any bargaining unit member employed between July 1 and September 30 shall receive
one floating holiday to be utilized during the calendar year of hire.
e) Any bargaining unit member employed on or after October 1 shall not receive any
floating holidays during the calendar year of hire.
3. Floating holidays may not be carried over from one calendar year to another and, if not
taken, are forfeited, except that when a Department cannot schedule a floating holiday
requested more than thirty days prior to the end of the payroll calendar year or cancels a
previously scheduled floating holiday due to City work needs, the floating holiday may then
be taken within 60 calendar days of the new calendar year. An employee may not request
any carryover of floating holiday time.
4. Floating holidays are scheduled at the mutual convenience of the employee and the
respective Department. Generally, 48 hours shall be considered reasonable notice for
requesting the use of floating holidays. However, the respective Department Director or
designee shall have the sole discretion to approve such requests if practicable when
provided with less than 48 hours notice.
S. Upon an employee's separation from the City, the employee will receive a lump sum
payment at the employee's current base rate of pay for his/her remaining floating holiday
balance, or if retiring may use such balance to advance the date of retirement.
20
Section 2. Vacation
A. Vacation Accrual
Vacation Accrual for 37.5 Hour Employees
Years of Service
o
1 * as of anniversary date
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16 and over
Biweekly Accrual
2.885
2.885
2.885
3.173
3.462
3.750
4.039
4.327
4.327
4.327
4.615
4.615
4.904
5.192
5.192
5.481
5.769
Vacation Day~
o
10
10
11
12
13
14
15
15
15
16
16
17
18
18
19
20
Vacation Accrual For 40-Hour Employees
Years of Service
.,..,___............._m.................._........_..m.....~~.....w.......__.....___....h.._._
o
1 * as of anniversary date
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16 and over
....._...._~.i"Y~~~y.~~.~~!l:!.....
3.077
3.077
3.077
3.385
3.692
4.000
4.308
4.615
4.615
4.615
4.923
4.923
5.231
5.538
5.538
5.846
6.154
...............y.~~~~?~.!?~y~........
o
10
10
11
12
13
14
15
15
15
16
16
17
18
18
19
20
B. Maximum amount of vacation leave that may be accumulated is 240 hours.
21
C. The vacation year shall be the payroll calendar year.
D. Vacation leave will accrue on a biweekly basis and will be pro-rated according to hours in a paid
status.
E. The borrowing or advancing of vacation leave prior to its accrual is prohibited.
F. Employees must be employed for six calendar months prior to requesting the use of vacation
leave.
G. New employees who fail to complete SlX calendar months of service are not paid for any
accrued vacation leave.
H. All employees must be granted a minimum of two weeks vacation per calendar year if properly
requested by the employee in accordance with Department vacation selection procedures.
Vacation leave may not be carried in an amount above the vacation cap. If vacation leave in
excess of the cap is not taken, it is forfeited, except when a Department cannot schedule or
cancels previously scheduled vacation time due to City work needs. The canceled vacation time
must then be taken within 60 calendar days of the scheduled vacation date. No other granting
of any carryover of vacation time above the vacation leave cap is permitted.
1. A period shall be established for the purpose of vacation selection, known as a vacation pick.
This period shall be the last two work weeks in the month of January each year. All employees
will have the opportunity to submit their vacation requests for up to the number of hours that
the employee currently accrues annually for that calendar year only. Management will review
these requests and determine their operational needs and staffing requirements. Management
will grant the requests that do not interfere with the operations of the City. However, an
employee who is approved for time during the vacation pick process and then does not have
accrued vacation hours to cover the time when it arrives may be denied vacation requests
exceeding the amount of vacation hours the employee has accrued at the time of the following
vacation pick period. If more than one person requests vacation that conflicts with staffing
needs of the City, the conflict will be decided on the basis of City seniority, except that an
employee who voluntarily changes schedule or shift after the completion of the vacation pick
process shall not be given precedence over another employee on the new schedule or shift who
has already obtained approval for vacation on the same day. After the end of January, any
request for vacation shall be based on "first come, first serve". Seniority of a bargaining unit
member shall not be used to revoke vacation leave or other time off for which a department
has granted prior approval to another bargaining unit member with less seniority.
J. In the event an employee is promoted, demoted or transferred from a full-time position to a
full-time position with greater or lesser biweekly hours, such employee's then accrued vacation
hours shall be adjusted, as appropriate, to re.flect the equivalent vacation days.
K. Regular part-time employees shall have vacation accrual prorated each payroll period based on
the actual hours in a paid status.
22
L. Regular full-time 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 subsection
A above based on the applicable biweekly schedule.
M. Upon separation from the City service, employees shall be paid at their respective current base
rate of pay at the time of separation for the unused portion of vacation leave for which they
may at that time be eligible, or if retiring may utilize such remaining vacation leave balance to
advance the date of retirement.
N. If service requirements permit, employees may, with reasonable notice and the approval of their
respective Department, use their accrued vacation in increments of tenths of an hour. 48 hours
shall be deemed reasonable notice. However, the respective Department Director or his/her
designee shall have the sole discretion to approve such requests if practicable when provided
with less than 48 hours notice. The application of this paragraph shall not be subject to the
grievance procedure.
Section 3.
Sick Leave
A. Sick Leave Accrual
1. Employees shall accrue sick leave each payroll period prorated based on regular hours in a
paid status and excluding overtime, standby, and recall or call back hours. Employees
assigned to a 40-hour work week shall accrue 3.693 hours of sick leave on a biweekly payroll
basis. Employees assigned to a 37.5 hour work week shall accrue 3.462 hours of sick leave
on a biweekly payroll basis. Note: Employees earn 12 days per payroll calendar year.
2. Regular part-time employees shall be eligible to receive sick leave at a prorated amount
based on hours in a paid status.
B. Sick Leave Accrual Caps
Employees may accumulate up to 1560 accrued hours.
C. Sick Leave Balance Transfers and Restoration
1. Sick leave balances are restored to an employee recalled from layoff or returned from a
leave of absence.
2. Sick leave balances remain the same upon transfer to another Department or classification
with the same hourly work week.
3. Sick leave balances are converted to equivalent days if an employee changes classification to
that with a different hourly work week (i.e., 40-hour work week to 37-1/2 hour work week
and vise versa).
23
4. No sick leave balances are restored after a break in service. An employee will have a break
in service if the employee is rehired by the City six months after the date of resignation or
retirement or one year after a layoff. Authorized leaves of absence, suspensions,
reinstatements after disability retirement or dismissal, and layoffs of less than one year will
be counted as continuous service and shall not be a break in service.
D. Calculation for Use of Sick Leave
1. Sick leave may be authorized in increments of tenths of an hour.
E. Authorized Use of Sick Leave
Sick Leave usage shall be authorized for the following absences:
1. Due to personal illness or physical incapacity.
2. Due to exposure to contagious disease in which the health of others would be endangered
by the employee's attendance on duty.
3. Due to dental appointments, physical examinations, or other personal sickness prevention
measures.
4. Due to illness of a member of the employee's immediate family that requires the employee's
personal care and attention. "Immediate family" shall mean parents, step-parents, children,
step-children, grandparents, grandchildren, brothers, sisters, present spouse of the employee
and the "immediate family" of the employee's spouse, or other family member living in the
employee's immediate household.
Employees found to be utilizing Sick Leave for any reason other than those stated above shall
be subject to disciplinary action up to and including termination.
Employees shall be authorized to use Sick Leave as it is accrued. Employees' requests for sick
leave to be used for doctor's appointments shall be submitted with at least 24-hour notice, except
the requirement shall be waived where the employees is able to demonstrate to his/her department
director an emergency exists. The employees' respective department reserves the right to not
approve such requests when advance notice is not provided or the employees' absence will
adversely affect operations. Employees shall be required to notify their immediate supervisor or
management representative to request approval for sick leave each day that they are absent, except
that an employee who has been approved for a continuous FMLA absence only shall be required
to comply with the reporting procedures outlined in the City's FMLA Policy instead. Such
notification requests shall be provided through personal contact, except where the employee is able
to demonstrate this is not possible. Failure to obtain approval for sick leave from competent City
authority shall result in any such time being considered an unauthorized absence and in the denial
of paid sick leave.
Employees may voluntarily submit acceptable evidence such as a certificate from a medical
doctor to substantiate the reason for requesting Sick Leave, or they may in certain circumstances be
required to do so by their respective departments. A valid doctor's certificate shall be a written,
typed, or printed statement from. the doctor specifying the date( s) of visit/consultation with the
24
doctor, the date the employee is authorized to return to work, any conditions or limitations
imposed by the doctor, and the signature of the doctor or his/her designee. Employees who suffer
from a serious health condition will be provided with Family and Medical Leave Act request forms
which may be used to authorize use of Sick Leave in accordance with the Act. The City reserves
the right to substantiate the legitimacy of any certificate submitted by an employee as evidentiary
reason for the use of Sick Leave.
F. Sick Leave usage shall be monitored by the City, and employees who are found to be utilizing
Sick Leave in excess of the following thresholds shall be subject to the subsequent procedures:
1. When an employee misses three consecutive regularly scheduled workdays in conjunction
with the use of sick leave, the employee shall be required to provide a valid doctor's
certificate prior to being admitted back to work. Continued failure to provide a valid
doctor's certificate shall be grounds for disciplinary action up to and including
termination.
2. When an employee's sick leave use exceeds the number of hours equivalent to three of
the employee's regular work days in a three-month period, the employee's supervisor
shall counsel the employee regarding the absences. Should the employee's sick leave be
equivalent to or exceed the number of hours equivalent to five of the employee's regular
work days in any six month period, the employee's supervisor shall meet with the
employee in order for the supervisor to determine if it is necessary to establish an action
plan which may require the employee to provide a valid doctor's certificate upon return
to work following subsequent absences in .conjunction with sick leave use for a period of
up to six months. Such action plans shall not be implemented in an arbitrary and
capricious manner. Failure to comply with the established action plan shall be grounds
for disciplinary action up to and including termination.
3. When an employee's sick leave use constitutes a recognizable pattern occurring three
times within a three month period or less, the employee's supervisor shall counsel the
employee regarding the absences. The employee may be asked to explain the nature of
the leave use in relation to the pattern. Should the employee fail to provide a satisfactory
justification of the nature of the sick leave in relation to the established pattern, the
supervisor shall work with the employee in order for the supervisor to determine if it is
necessary to establish an action plan which may require that the employee provide a valid
doctor's certificate upon return to work following subsequent absences for a period of
up to six months. Such action plans shall not be implemented in an arbitrary and
capricious manner. Failure to comply with the established action plan shall be grounds
for disciplinary action up to and including termination. The use of more than one sick
leave day which meets the established pattern following the expiration of an action plan
shall be cause for reviving the action plan. Examples of sick leave use which may be
considered to constitute a pattern of abuse shall include but not be limited to the
following: the recurring use of a sick day following a pay day; the recurring use of a sick
day preceding or following other paid days off; the recurring use of a sick day each time
the employee nears or reaches the established sick leave cap; etc.
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4. When an employee has a documented serious health condition, the City shall provide the
employee with Family and Medical Leave Act request forms to be completed by the
employee's physician, which may be used to authorize use of Sick Leave in accordance
with the terms of the Act. If approved, the completed FMLA forms shall be utilized to
relieve the employee from the requirement to provide a doctor's certificate for one initial
continuous absence only. Once the employee returns to workfrom a continuous FMLA
absence, or when an employee utilizes intermittent leave under the terms of the Act, the
provisions of paragraphs 1. through 3. above shall apply with respect to the requirement
to provide a doctor's certificate for absences meeting the identified thresholds. .
Employees who utilize sick leave may be required to undergo fitness for duty or
maximum physical capacity examination in order to determine the employee's ability to
return to work in the same job classification or whether the employee may require a
reassignment upon return to work. All such leaves shall be administered in accordance
with the Family Medical Leave Act where applicable.
G. Payment for Unused Sick Leave
1. Upon separation from the City service, an employee shall be paid for one-half of his/her
accumulated unused sick leave up to 1560 hours or may use such amount of sick leave to
advance the date of retirement. The rate of payment shall be based on the current base
hourly rate (excluding shift differential or any other addition to base pay) of the employee
on the last day worked prior to separation. The hourly rate will be adjusted in accordance
with base biweekly pay if the employee is on a work schedule other than 40 hours per week.
The employee may request that one-half the payment for unused sick leave be made at
separation and one-half the payment be made in the first payroll period in the next calendar
year. The payment will be made provided:
a) The employee is retiring on City Pension.
OR
b) The separation is involuntary on the part of the employee including disability (incurred
on or off the job) and layoffs.
OR
c) The employee's estate shall receive payment if an employee dies.
OR
d) The employee is eligible to retire under Federal Social Security and has a minimum of
five years of service.
2. An employee who has been dismissed for cause shall have no claim for sick leave payment.
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H. Injury from Other Employment
1. An employee may not utilize accumulated sick leave for absences resulting from an injury
arising out of and in the course of employment, other than City employment, for which
monetary or other valuable consideration is received or expected. Any employee who
utilizes accumulated sick leave, or who attempts to utilize accumulated sick leave, for
absences resulting from an injury arising out of and in the course of employment, other
than City employment, may face disciplinary action up to and including termination.
I. Use of Leave After Accrual
1. Employees may be authorized to use sick leave after it is accrued. The employee may be
required to submit acceptable evidence such as a medical certificate from a medical doctor
to substantiate the reason for requesting sick leave.
J. Bonus Leave Days
1. Following a payroll calendar year that a bargaining unit employee uses no sick leave, or less
than two. days of sick leave, the employee will be awarded bonus leave days in accordance
with the following chart. Bonus leave days must be used in the next payroll calendar year.
Amount of Sick Leave Used
Bonus Days Awarded
Less than one standard work day
2
One standard work day up to
two standard work days
1
a) A payroll calendar year begins with the first day of the first pay period for the first
paycheck date in the calendar year and ends with the last day of the last pay period for
the last paycheck date in the calendar year. The City agrees, when practicable, to
provide notice of the date of the beginning of the payroll calendar year and the date of
the end of the payroll calendar year on employees' paycheck advice statements prior to
the respective payroll period in which such dates occur.
b) Bonus days are not included in overtime calculations.
c) Upon an employee's separation from the City, the employee will receive a lump sum
payment at the employee's current base rate of pay for his/her remaining sick leave
bonus day balance, or if retiring may use such balance to advance the date of retirement.
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K. Sick Leave Pool
1. A leave pool will be established by members of the bargaining unit subject to the following
provIsIons:
a) The purpose of the leave pool is to provide leave to bargaining unit members who face
significant time off without pay due to a serious illness or injury, whether job-connected
or non-job-connected, or serious illness or injury to a family member as defined in this
section. The leave pool may not be used for short time periods where an employee may
be without pay. Short time shall be defined as less than 15 work days.
b) A committee shall be formed and the committee shall determine use of the leave pool
days, subject to the above purpose and limitations.
i) The committee shall consist of three members designated by the Union and one
non-voting management employee designated by the City Manager or City
Manager's designee, who shall provide administrative oversight and ensure
compliance with the terms of the established policy and this Agreement.
ii) The committee shall review employee needs and circumstances consistent with the
provisions of the leave pool and shall determine eligibility for and the amount of
leave time up to an established maximum number of days that may be provided to
employees.
ill) The committee may establish procedures, forms and other rules necessary for its
effective operation, provided they are consistent with the provisions of this section
and subject to the approval of the City Manager or his/her designee.
iv) The committee's decisions are final and are not subject to the grievance procedure.
Bargaining unit members may donate days one time per year from their vacation
leave, floating holiday, or sick leave balances at 100% value.
c) No employee shall be permitted to donate more than four days of leave per year to the
pool, unless authorized by the City Manager.
d) In the event that the leave pool balance becomes lower than 100 days, the committee
may, with the prior approval of the City Manager or designee, open up the opportunity
for additional donations to be made during the calendar year.
e) All donations of pool leave time must be in full-day increments based on the full-time,
regularly scheduled day for the employee's respective job classification (i.e., an 8-hour or
10-hour day is a full day).
f) Donations of pool leave time are irrevocable.
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g) No dollar value shall be placed on leave donations. All donations and all authorized
usage shall be computed as day-for-day.
h) When pool leave time is authorized by the committee for use by an employee, it shall be
on a day-for-day basis, irrespective of the number of hours used each day. Each day or
portion thereof shall be counted as one day. Effective January 1, 2007, bargaining unit
members shall be eligible to be granted up to a maximum of 30 work days or portions
thereof within a 12 month period counting backwards from the time of the most recent
leave pool request.
i.) An employee using leave pool time shall receive regular base pay and his/her regular
shift pay. However, other pays shall not be provided with leave pool days (e.g., lead pay,
acting pay, special assignment pay, etc.). Pay for authorized pool days shall not be
granted for the fIrst 15 work days of the absence necessitating leave from the pool.
After 15 work days of such absence, the employee shall be eligible to be paid
retroactively for the first 15 work days, and shall thereafter be eligible to receive his/her
regular pay for any remaining pool days authorized.
j.) Pool leave time granted and not used in a given year by the employee receiving the
donated pool leave time shall remain with the leave pool and be carried over to the next
year. No donated pool leave time will be refunded to the donor.
Section 4.
Funeral Leave
A. Employees shall be allowed up to four consecutive scheduled work days at anyone time for
funeral leave to make arrangements for and attend a funeral or memorial service with no loss of
pay and no charge against sick leave time in the event of death in the "immediate" family.
"Immediate" family shall be defIned as the employee's spouse, or the employee's or employee's
spouse's child, parent, grandparent, grandchild, brother, sister, stepparent, and stepchild.
B. Employees shall be allowed up to four consecutive scheduled work days at anyone time,
chargeable to sick leave, to make arrangements for and attend the funeral or memorial service
in the event of death in the "extended" family. The term "extended family" as used in this
paragraph shall mean stepbrothers, stepsisters, brother's wife, sister's husband, daughter-in-law,
son-in-law, aunts, uncles, nephews, and nieces of the employee or of the employee's spouse, or
other members of the immediate household. It shall also include any blood relative of the
employee living in the employee's household.
C. Regular part-time employees shall be eligible to receive funeral leave in accordance with the
above. However, such days shall be paid at a prorated amount based on 20% of the weekly
average of the employee's annual budgeted hours.
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D. In the event that extenuating circumstances should necessitate an absence longer than four
consecutive scheduled work days to accomplish the purpose for which this section is designed,
the employee's department head, with the prior approval of the City Manager or designee, may
authorize an extension of such duration as may be necessary and proper. The request for an
extension shall be submitted in form and substance suitable to the department head and the
City Manager or designee. Compensation for approved additional days shall be chargeable to
sick leave. To be eligible for funeral leave under either section, the employee must attend the
funeral or memorial service. The City reserves the right to require documentation
substantiating the request for funeral leave when such requests exceed two in a twelve month
period, or when the City has a reasonable basis to contest the legitimacy of such requests.
Authorized documentation for such purposes shall include but not be limited to a certificate of
death, obituary notice, memorial card, note from the attending clergy, or documents verifying
travel. Employees who request more than two funeral leaves in a twelve month period shall be
notified upon approval of any additional funeral leave of the necessity to provide
documentation to their respective department on their return to work for the duration of the
twelve month period.
E. Time Off to Attend Funerals on Personal Basis
1. Employees who wish to attend a funeral of a City employee or official or the family
member of such employee or official may request to utilize accrued vacation time, floating
holiday time, sick leave incentive day time, or may request to adjust their work hours within
the same workweek. Such requests may be made to the respective Division Head or
Department Director and may be approved by such authority. To the extent possible,
approval shall be granted; provided, however, it is understood that operational necessities
may preclude approval for a substantial number of employees.
2. An employee attending a funeral while using vacation time, floating holiday time, sick leave
incentive day time, or time off without pay is doing so on a personal basis and is not
recognized as a "City representative." If the employee leaves from work to attend the
funeral and/ or returns to work after attending the funeral, all travel time shall be included in
the vacation time, floating holiday time, sick leave incentive day time, or time to be adjusted.
3. Employees utilizing funeral leave when such leave is based on the death of a covered family
member as provided by this Agreement shall be allowed time off with pay consistent with
provisions of Article 8, Section 4. However, such employees are deemed off duty while on
funeral leave.
Section 5.
Line-of-Duty Injury
A. The term line-of-duty injury is an injury which occurs on the job only when said injury is
reported on the day of occurrence and when said injury incapacitates the employee from
performing his/her job because of the injury. The City shall have the right to require the
employee to have a physical examination by a physician of its choice prior to payment of any
compensation.
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B. An employee may utilize accrued sick leave, however, the amount paid shall be only that
amount permitted to supplement funds received by the employee from the Florida Workers'
Compensation Law and any other disability or other income plan provided by the City, to the
point where the sum of all payments is equal to the employee's regular base pay at the time of
injury. At such time as the employee receives his/her initial workers' compensation payment,
the City shall allow the use of accrued sick leave up to the amount necessary, when combined
with the workers compensation payment, to equal the employee's base pay. Any adjustment to
pay under this policy will be made following the employee's return to work or at the expiration
of the period for which Workers' Compensation payments are provided under state law.
C. Should an employee become unable to perform the essential functions of his/her job due to an
on-the-job injury, the employee shall have the option of accepting a demotion or lateral
transfer; provided that an opening exists in the position to which he/she is demoted or
transferred and provided further that he/ she is capable of performing the essential functions 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 essential functions of
the position he/ she seeks to fill.
D. An employee with less than 12 months employment who is injured on the job and is eligible for
Workers' Compensation will not be charged sick leave for any medical appointments which
occur during scheduled work hours and have been approved by Risk Management.
E. The City may establish such reasonable reporting requirements as it deems necessary to insure
the application of the Workers' Compensation Law.
Section 6.
Military Leave
A. Any employee who is a member of a Reserve Component or the National Guard and who is
required to participate in active or inactive training duty shall receive leave with pay for such
duty which falls on the employee's regularly scheduled work days up to a maximum of 17 work
days per year without loss of seniority rights or efficiency rating. Absences from duty for
military reserve training time in excess of 17 days per year shall not be compensated by the City.
A copy of the employee's military orders certifying his/her training assignment shall be
submitted to the Department Director immediately upon receipt.
B. An employee who is required to attend military duty training which falls or occurs during
regular working hours and which exceeds the 17 days provided in Paragraph A above will be
granted time off without pay. The employee shall be required to provide timely notice of such
training assignments to the City. When practicable as determined by the City, and upon the
request of the employee, the City will adjust the employee's schedule in order to accommodate
participation in military duty training so that such training occurs on the employee's days off.
C. When emergency conditions occur as determined by the City, bargaining unit employees
who are called up to active military duty shall be provided the same rights and benefits
afforded to other City employees pursuant to established City policies or guidelines in effect
at the time such conditions exist.
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Section 7.
Jury Duty and Court Time
A. The City shall grant leave with pay for jury duty or when an employee is subpoenaed as a
witness on the following conditions:
1. Leave with pay will be granted for those hours spent on jury duty or in court when
subpoenaed as a witness that fall during the employee's scheduled working hours only.
2. If the time interval between the end of the employee's most recently worked shift and the
reporting time of the jury summons is less than eight hours, the employee's work schedule
will be adjusted to allow a minimum of eight hours time off prior to reporting for jury duty.
Although not mandatory, management will give consideration to employees to have the
ability to change hours for special situations pursuant to this paragraph. This section shall
apply only to jury duty.
3. Hours worked on jury duty or in court which are compensated under the provisions of this
Article shall not count as hours worked for overtime pay purposes.
4. If an employee is excused or released by the Court before the end of his/her scheduled
work day, he/she must promptly return to work.
5. An employee must bring written evidence of jury duty service or court appearance and the
amount of pay received before compensation is approved.
6. As soon as an employee learns of selection for jury duty or court appearance, he/she must
notify the appropriate supervisor so that arrangements may be made for his/her absence
from work.
7. In the event a holiday shall occur during the period of the employee's jury duty or court
appearance, the employee shall receive pay for such holiday in accordance with this
agreement.
8. Leave with pay shall be granted for an employee subpoenaed as a witness except in a case in
which the litigation has been initiated by the employee or in any case involving divorce,
child support, or custody.
Section 8.
Administrative Leave
The City Manager may at his/her discretion grant employees administrative leave with pay for
their normal work shift or balance thereof when circumstances dictate that they be relieved from duty
because their services are determined to be non-essential. Employees whose services are determined
to be essential and are required to work under such circumstances shall be compensated at the rate of
one-half times their regular hourly rate of pay in addition to any other compensation due for all hours
actually worked when other employees City-wide or in the same work unit have been released on
administrative leave.
32
If the employee is required to work a shift which is less than the employee's regular shift, the
employee shall be paid in accordance with the above for all hours actually worked, and shall be granted
administrative leave with pay for the remaining hours making up the employee's regular shift. All
hours actually worked shall be counted as such for the purpose of computing overtime. Scheduled
administrative leave with pay shall not be considered as hours worked for the purpose of computing
overtime. Unscheduled administrative leave with pay shall be considered as hours worked for the
purpose of computing overtime. At least forty eight hours notice shall be considered scheduled.
Employees who are on previously approved leave are not eligible for administrative leave with pay.
Section 9.
Leaves of Absence Without Pay
A. Employees are allowed to take a leave of absence without pay up to six months, if approved by
the City Manager, following the expiration of all paid leave balances. Employees may request
extensions of up to an additional six months. Approval of such extension request shall be at
the judgment of the City Manager and such approval shall not be unreasonably withheld.
B. Upon expiration of an employee's accumulated paid leave and when the employee is unable to
return to work, upon written request and when supported by medical documentation, a leave of
absence without pay for not more than one month shall be granted for the employee's
continuing personal illness, at which time the case will be reviewed by the City Manager for
consideration of an extension of time, if necessary, and if requested by the employee.
C. Failure to return to work at the expiration of an approved leave shall be considered as absence
without leave and grounds for dismissal, but upon timely return from leave, the employee shall
be granted and given the same position or substantially similar position without loss of salary or
benefits. '
D. There will be no accrual of benefits or seniority during such leave. During a leave of absence
without payor any other non-paid leave or no-pay status of an employee exceeding two weeks,
the employee, if he/she desires to continue hospitalization coverage for themselves and
dependents, must pay the required premiums to the City. Failure to pay for such continuation
shall result in the loss of coverage.
Section 10. Other Time Off
An employee shall or may be granted necessary time off from his/her duties with
compensation for any of the following reasons:
A. For pre-induction physical examination when so ordered by a Selective Service Board. Time
off shall be granted for the minimum period necessary to comply with such order but shall in
no case exceed two regularly scheduled work days.
B. Attendance at professional or other conventions, institutes, courses or meetings when such
attendance, in the opinion of the City Manager or designee, may be expected to contribute to
the betterment of the City service.
33
C. Attendance at in-service training and other in-service meetings or programs sponsored by the
City when, in the opinion of the City Manager or designee, such meetings or programs are
designed to improve the City services and/or the employee's performance or to prepare
him/her for advancement. The provisions of this paragraph shall be deemed to include
authorized safety meetings and City-sponsored volunteer programs.
D. An employee may be permitted to adjust his/her schedule within a specific workweek, or may
be permitted to utilize paid leave, or may be granted time off without compensation upon the
expiration of all paid leave for attendance at meetings other than those specified in the
subsection~ above, or to attend urgent personal business, provided that such employee shall
request approval from his/her department head in sufficient time to permit the latter to make
arrangements therefore, and further provided that such time off will not seriously affect the
efficient operation of the Department.
E. Employees shall be released from duty without loss of pay while competing 1n City
promotional examinations that are scheduled during duty hours.
Section 11. Union Time
A. Union members shall be allowed time off with pay to attend an officially called conference,
convention, or school not to exceed a total of 400 hours per year, with the approval of the
affected Department Director, provided that no less than one week's notice is provided.
B. Additional time off without pay for Union activity will be granted with the approval of the
Department Director and such excused time will not exceed one week at a time.
C. Bargaining unit members utilizing Union time off under provisions of this section shall not be
eligible during the time of utilization for Worker's Compensation benefits in case of injury.
D. Union time off does not count as hours worked for the purposes of calculating overtime.
E. Union time off with pay shall be granted by the City for the purposes of grievance
representation, labor management meetings, contract negotiations, and participation as a
member or attendee of any City committee whereby the Union member appears at the behest
of and in the interest of the City. The City reserves the right to not approve such leave requests
if in its discretion it determines the absence of the Union representative will create an adverse
impact to operations. The Union shall have the right to select the number of representatives
authorized by the City to participate on the Union's behalf on City-initiated committees, and
shall notify the City in writing of the names of those members selected by the Union. The
Union may select a substitute to replace an absent member on a City committee with the prior
permission of the substitute Union member's respective Department Director or designee.
The Union local president may participate as the Union representative on any committees. The
Union shall coordinate its choice of representatives so that no single work group or division
will be adversely affected. Union time off with pay shall be provided for up to five Union
Executive Board members (excluding a note taker) for contract negotiations and labor
management committee meetings.
34
F. The executive board of the Union shall be allowed a monthly meeting to transact any and all
business pertaining to the Union, said meeting to be allowed during work hours not to
exceed two hours at straight time.
Section 12. Maternity/Paternity / Child Care Leave
Maternity /Paternity / child care with or without pay to enable a parent to care for a newborn,
newly adopted, or seriously ill child may be granted to an employee, upon request and documentation
of need, for a period of up to twelve weeks in conjunction with leave authorized in accordance with
the Family and Medical Leave Act, provided, however, that if both parents are employees of the City,
only one parent at a time may take such leave.
Section 13. Leave Article Re-opener
The City and the Union agree that based upon a mutual agreement of the parties, this Article
and related Articles and subjects may be reopened for the purposes of negotiating mandatory
subjects of bargaining related to the establishing of a program of Integrated Disability Management
and any specific impact the implementation of such program may have on any existing leave
provisions or items affected by such leaves. Any items opened for bargaining pursuant to this
Section may be fully bargained, to impasse resolution if necessary, except as specifically limited
below. The parties agree that the following specific items shall not be modified or subject to the
impasse procedure as part of this re-opener except by the mutual agreement of the parties:
A. Employees shall continue to accrue sick leave at a rate equivalent to 12 workdays per year
prorated based on hours in a paid status.
B. Employees shall continue to be permitted to accumulate up to 1560 hours of sick leave.
C. Employees shall continue to be paid for one half of accumulated sick leave up to 1560
hours, or may use such amount of sick leave to advance the date of retirement provided (1)
they retire on City Pension, or (2) they are separated involuntarily for reason other than just
cause, or (3) they retire under Federal Social Security with a minimum of five years of City
service, or (4) they shall have their estate receive payment if they die.
D. Employees shall continue to be permitted to maintain a sick leave pool subject to the
provisions outlined in this Agreement.
ARTICLE 9
WAGES & COMPENSATION
Section 1.
classifications)
Salary (See Appendix for listing of pay grades assigned to represented job
A. Pay Range minimums and maximums for all classifications represented by the bargaining unit
will be increased by 3% effective October 1,2005. Employees whose current base rate of pay
falls below the minimum rate of pay for their respective classification as described in the
Appendix shall have their base rate of pay adjusted to the minimum rate of pay upon
adjustment of the pay range.
35
Employees who are receiving a red circle pay differential shall have their base rate of pay
adjusted to the new pay range maximum and shall have the red circle pay differential reduced
such that the sum of their base rate of pay and the red circle pay is equal to their total
compensation prior to the range adjustment. Effective from October 1, 2005 to September 30,
2006, employees whose current base rate of pay is below their respective pay range maximum
and who do not receive a pay adjustment upon the adjusting of their respective pay range and
who receive a rating of Meets Standards or better on their annual performance review shall be
provided with a 4% merit pay increase to be applied to the employees' biweekly base rate of
pay, effective as of the date of the employees' annual performance review. Any portion of the
increase which, when annualized, exceeds the respective pay range maximum shall be paid as a
one time lump sum bonus payment, and such employees' biweekly base rate of pay shall be
adjusted to the pay range maximum. Effective from October 1, 2005 to September 30, 2006,
employees who receive a pay adjustment upon adjustment of their respective pay range and
who receive a rating of Meets Standards or better on their annual performance review shall be
provided with a merit pay increase, to be applied to the employees' biweekly rate of pay, equal
to the difference, if any, between the amount equal to 4% of the employee's base biweekly rate
of pay prior to the adjustment and the amount of the pay adjustment, to be effective as of the
date of the employee' annual performance review. Effective from October 1, 2005 to
September 30, 2006, employees whose current base rate of pay is at their respective pay range
maximum or who are receiving a red circle pay differential and who receive a rating of Meets
Standards or better on their annual performance review, shall be provided a one time lump sum
merit bonus payment equal to 3% of the employee's annual base rate of pay plus any red circle
pay differential, to be effective as of the date of the employees' annual performance review.
B. Pay Range minimums and maximums for all classifications represented by the bargaining unit
shall be increased by 3% effective October 1, 2006.
Effective October 1, 2006, all bargaining unit members shall have the date of their annual merit
pay increase adjusted to the October 1 date.
Effective October 1, 2006, all bargaining unit members whose performance is determined by
their respective department to meet standards since their last annual merit pay increase prior to
October 1, 2006, or since their date of hire if employed by the City for l~ss than one year, shall
have their base rate of pay adjusted by a pro-ration of a 4% increase based on the number of
days between October 1, 2006 and the date of their last annual merit pay increase or date of
hire respectively.
Effective October 1, 2006, following the application of the above referenced pay increase,
applicable bargaining unit members shall receive a one-time, base pay adjustment based on the
number of consecutive years they have been employed with the City since their most recent
hire date and in accordance with the following:
5 years or more but less than 10 years service: $250 base pay adjustment
10 years or more but less than 15 years service: $450 base pay adjustment
15 years or more but less than 20 years service: $650 base pay adjustment
20 years or more service: $850 base pay adjustment
36
Any portion of the above referenced one-time base pay adjustment which exceeds the
employees' respective pay range maximum shall be paid as a lump sum cash payment.
C. Pay Range minimums and maximums for all classifications represented by the bargaining unit
shall be increased by 3% effective October 1, 2007.
Effective October 1, 2007, employees whose current base rate of pay is below their respective
pay range maximum and who receive a rating of Meets Standards or better on their annual
performance evaluation shall be provided with a merit pay increase equal to S% of the
midpoint of the respective pay range for the job classification to which the employee is
assigned, to be applied to the employees' biweekly base rate of pay. Any portion of the increase
which, when annualized, exceeds the employees' respective pay range maximum shall be paid as
a one time lump sum bonus payment, and such employees' biweekly base rate of pay shall be
adjusted to the pay range maximum. Employees whose current base rate of pay is at their
respective pay range maximum or who are receiving a red circle pay differential and who
receive a rating of Meets Standards or better on their annual performance evaluation, shall be
provided a one time lump sum merit bonus payment equal to 4% of the midpoint of the
respective pay range for the job classification to which the employee is assigned.
D. Employees who are hired after October 1, 2006 shall receive their first annual performance
evaluation one year from their initial date ot hire, and if rated Meets Standards or better, shall
receive the above applicable pay increases as of the date of the initial one-year performance
evaluation. Such employees shall be eligible for their next annual merit pay increase on the
following October 1 subsequent to the initial one-year performance evaluation. Upon receiving
a rating of Meets Standards or better, such employees shall at that time receive a pro-ration of
the above applicable pay increases based on the number of days between October 1 and the
date of the initial one-year performance evaluation, and shall have their annual merit pay
increase date adjusted to the October 1 date thereafter.
In accordance with provisions of the City of Clearwater Pay Plan, bargaining unit members
who are determined by their respective department to not meet standards on October 1, 2006,
or who receive a rating of Improvement Expected on their annual performance evaluation
thereafter, and who subsequently receive a rating of Meets Standards on their initial or
secondary 3-month follow-up performance evaluation, shall be eligible to receive the above
applicable pay increases effective on the date of the respective 3-month follow-up performance
evaluation the employee is determined to meet standards. Such employees shall be eligible for
their next annual merit pay increase on the following October 1 subsequent to the successful 3-
month follow up performance evaluation, and upon receiving a rating of Meets Standards or
better at that time shall receive a pro-ration of the above applicable pay increases based on the
number of days between October 1 and the date of the successful 3-month follow-up
performance evaluation, and shall continue to be eligible for their annual merit pay increase on
the October 1 date thereafter. Employees who receive a rating of Improvement Expected on
their annual performance evaluation and both the initial and secondary 3-month follow-up
performance evaluations shall not receive a merit increase, and shall be revaluated again after
one year from the date of the initial evaluation that was rated Improvement Expected.
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Section 2.
Overtime
A. All employees outlined in the Pay Plan as eligible for overtime shall receive 1-1/2 times their
regular rate of pay for all hours worked in excess of 40 hours per week. Employees shall only
work overtime hours as directed or permitted by managerial personneL Sick leave, vacation,
and other time not worked except designated City holidays and floating holidays shall not count
as hours worked for overtime purposes.
B. Overtime will not be assigned unfairly. Whenever practicable, the City will offer overtime
assignments to perform work applicable to the CW A bargaining unit to available and qualified
members of the bargaining unit prior to offering such assignments to non-bargaining unit
personnel.
C. Any full-time employee required to work at least three hours over his/her normal work day
(consecutive with no more than a 15 minute break between the additional hours and the
normal work day, not to include standby or recall) will be provided $10.00 for meal money.
Section 3.
Standby and Recall (Mutually Exclusive)
A. Standby shall be paid at the following rates during the term of this contract.
Effective Date Monday -Friday Saturday & Sunday Extended Time
During Holidays
Upon City Council $15 Per Night $30 Per Day $30 Per Day
Approval
Start of Pay Period $20 Per Night $30 Per Day $35 Per Day
Including 10/1/06
Start of Pay Period $25 Per Night $35 Per Day $40 Per Day
Including 10/1/07
Daily standby (Monday-Friday) shall begin at the end of each regular workday and shall end at
the beginning of the next workday (16-hour period). Weekend standby shall begin at what
would be the normal starting time on Saturday and shall conclude at the beginning of the
regular workday on Monday (48-hour period). Extended Time During Designated Holidays
shall apply when an employee assigned to standby continues in standby assignment for an 8-
hour extended period for a designated holiday. In addition to the above amounts, an employee
who is called out to work while on Standby duty shall be credited with one hour work time or
the actual hours worked during the entire Standby period, whichever is greater. An employee
assigned to Standby who receives a work-related phone call during the Standby period and who
conducts City business without being called out to work shall be credited with one-tenth of an
hour or the actual amount of time of the phone call, whichever is greater, for each such phone
call received.
38
B. Recall (Call-out, Callback, and Call-in): If an employee is called back to work after the
employee's normal work day and returns to work, or if an employee is called back to perform
needed work after the employee's regular shift ends and the employee has already left the job,
or if an employee is called in to perform needed work on a weekend, holiday, or other
equivalent period during which the employee would not otherwise have worked, the employee
shall be credited with two hours work time or the actual hours worked, whichever is greater.
Time shall be computed from when the employee reports on-duty, and ceases when he/she
reports off-duty.
C. Time beyond an employee's regular work schedule when assigned and scheduled in advance,
either as a continuation of a present shift assignment or the requirement to work on an
employee's regular non-workday(s) shall not be subject to any minimum guarantee payor
hours. However, all time worked shall be credited toward hours worked for regular and
overtime pay purposes.
D. Employees shall not be assigned to standby duty if excused in advance by managerial
personnel, and in all cases the Department will seek volunteers prior to assigning standby duty.
The City shall have the right to specify requirements needed for standby, including skills,
dependability and ability to report timely, and employees not meeting said requirements may
not volunteer for such standby.
E. Any employee assigned to standby and who, during the period of such standby assignment, is
not readily available as required or who is or becomes unable to perform his/her work duties
shall be subject to discipline, except that an employee who becomes sick or injured and
immediately notifies his/her supervisor shall not be subject to discipline. The City may require
evidence in the form of an excuse from a medical doctor of such injury or illness.
Section 4.
Shift Differential
Regular, full-time employees (other than those utilizing flex-time) shall be entitled to 5% shift
differential pay above the employees' base rate of pay for all hours when the majority of their regularly
scheduled hours for the work week fall between 4:00 PM and 12:00 AM, regardless of the starting or
ending time of the employee's shift. Regular, full-time employees (other than those utilizing flex-time)
shall be entitled to 7% shift differential pay above the employees' base rate of pay for all hours when
the majority of their regularly scheduled hours for the work week fall between 12:00 AM and 8:00 AM,
regardless of the starting or ending time of the employee's shift.
Section 5.
Acting Pay
An employee who is assigned to work in an "acting" capacity in a higher level classification for
more than 10 consecutive work days shall receive acting pay retroactive to the day the acting
assignment began. The amount of pay shall be 5% higher than the employee's current base rate of
pay.
39
Driver Pay: Employees assigned to the classification of Solid Waste Worker in the Solid
Waste Department will continue to receive "driver pay" for each day succeeding the 20th cumulative
day the employee has substituted as a driver. The rate is $10.00 per day. Effective at the start of the
payroll period that includes October 1, 2007, employees assigned to the classification of Solid Waste
Worker in the Solid Waste Department shall receive "driver pay" of $15.00 per day for each day
succeeding the 20th cumulative day the employee has substituted as a driver.
Section 6.
Training Differential
Employees who are required to provide formal training to other employees outside of what is
considered the normal scope of their job duties, and who are designated "Trainers" with an established
curriculum as determined by the Department Director, will receive 5% above their normal base pay for
any hours they are assigned to act as trainers in a formal training capacity.
Section 7.
Leadworker Assignment and Pay
A Department Director, with the prior approval of the City Manager or his/her designee, may
assign leadworker duties to a regular employee for such period of time as will, in his/her opinion, serve
the best interest of the City. Such assignment shall be made only when a small group of workers are,
in the normal course of their duties, regularly required to work at a time and/or place without the
degree of supervision which, in the judgment of the Department Director, is conducive to efficient
performance.
An employee assigned leadworker duties will be required to perform all the duties of his/her
regular position and additionally exercise primary layout and/or supervisory functions in relation to
other workers who are ordinarily classified the same as the leadworker, accepting commensurate
responsibility for group performance. For the period of such assignment the leadworker shall be paid
an additional biweekly amount representing 5% above his/her current base rate of pay.
Leadworker assignments may be authorized for intervals up to one year in duration. If an
employee has been assigned as a Leadworker for one year, the Leadworker assignment shall then be
rotated to another employee deemed by the respective department to be qualified for the
assignment. If no other employees are deemed qualified, an employee may be assigned Leadworker
for consecutive intervals.
Section 8.
Assignment Pay Differential
A Department Director may, at his/her discretion and with the approval of the City
Manager/ designee and consent of the Union, designate a specific position or positions within a job
classification which shall be eligible to receive a 5% Pay Differential when the duties of the position
differ from others in the same classification in their difficulty, complexity, responsibility, or
hazardous nature to the extent that additional compensation is deemed warranted. Assignments to
positions may be on a rotational basis, or may be offered to employees in the respective
classification based upon City seniority, however the Department Director shall have the right to
remove any employee from such assignment in conjunction with an action plan if performance is
deemed unsatisfactory.
40
Section 9.
Uniforms and Rain Gear
A. The City agrees to provide each full-time employee who is required to wear a uniform with an
initial issue of five uniforms. Permanent part-time employees who are required to wear a
uniform shall be issued a pro-rated number as determined necessary by the hiring department
based on scheduled hours/days of work per week. The City agrees to provide, at the
employee's election, either 100% cotton or cotton blend uniforms of at least 35% cotton to
employees who are required to wear uniforms. The employee agrees to launder the uniforms.
The employee will be issued a replacement for each uniform that becomes torn or tattered as
the result of normal wear and tear, but not for a uniform that has been damaged due to the
employee's abuse or negligence. The employee must return the uniform as a condition for
receiving a replacement.
B. The City will provide an allowance of up to $125.00 based upon demonstrated need for the
purchase of safety shoes for each employee who is required to wear such. The City shall have
the authority to designate additional job classifications as eligible for the allowance. Employees
who request safety shoes and are denied such by their department may have the decision
reviewed by the City Manager or his/her designee by submitting a written request within 10
work days of the department's decision. The decision of the City Manager or designee shall be
final and binding and not subject to arbitration. The City shall determine the manner of
procurement to be afforded all affected employees, and shall have the right of approval in
determining types of shoes which are acceptable. Employees shall provide worn or
unserviceable safety shoes to their respective department for inspection in order to obtain
authorization for replacement. Employees may be permitted to keep such worn shoes after
inspection at the discretion of their respective departments.
C. The City will provide employees with adequate rain gear. Rain gear that is worn, torn, and/or
tattered through normal wear and tear shall be replaced, provided that the employee turned in
the old rain gear. Employees may use umbre~as instead of rain gear as appropriate to the job
classification.
Section 10. Certification Pay
A. City fleet service mechanics who obtain and maintain job-related ASE certifications in
accordance with standards established by the City shall receive $.50 per hour in addition to the
employees' base rate of pay for each such certification obtained and maintained up to a
maximum of seven such certifications. City fleet service mechanics who obtain and maintain
the required ASE certifications constituting the designation of ASE Master in a City authorized
module of study shall receive $5.00 per hour in addition to the employees' base rate of pay in
lieu of the individual certification pays described above. The City agrees to pay the cost of the
training and examination process for each certification the first time employees attend such
only. The City reserves the right to determine the appropriate certifications that will be entitled
to the additional compensation.
41
B. The classifications of Marine Lifeguard, Senior Marine Lifeguard, and Water Safety
Supervisor shall be eligible for a 5% certification pay differential in addition to the respective
incumbent's base rate of pay for the possession and maintenance of a valid State of Florida
Emergency Medical Technician certification.
C. The classification of Building Construction Inspector shall be eligible for a 4% licensure pay
differential in addition to the respective incumbent's base rate of pay for the possession and
maintenance of each valid inspector license offered by the State of Florida Building Code
Administrators and Inspectors Board over and above the first such license required as a
minimum qualification requirement. Additional differentials shall be calculated cumulative
and not compounding (i.e., 8%, 12%, 16%, etc.). The classification of Building
Construction Inspector shall also be eligible for a licensure pay differential of $50 per payroll
period in addition to the respective incumbent's base rate of pay for the possession and
maintenance of each valid plans examiner license offered by the State of Florida Building
Code Administrators and Inspectors Board when the employee is directed by his/her
department to utilize such license at any time during the payroll period.
Section 11. Replacement/Repair of Tools
The City will replace or repair, as appropriate, the tools of employees who are required by the
City to furnish their own tools, when those tools are broken on the job or when tools are stolen from
the job site and when there is a police report confirming the theftgiven to management.
Section 12. Training and Career Development Workshops
Employees will be compensated in accordance with the Federal Fair Labor Standards Act and
applicable City Policy for the time the employee attends training and career development workshops.
Section 13. Travel and Mileage
Employees shall be compensated in accordance with the Federal Fair Labor Standards Act and
applicable City Policy for work related travel time. All employees who drive their own vehicle for City
business will be paid upon request reimbursement in accordance with City policy for any mileage
traveled at the rate set by the Internal Revenue Service.
Section 14. Commercial Driver's License
A. Employees in driving positions which require a CDL and who fail to comply with requirements
of the State of Florida CDL program cannot continue to function in their driving positions. At
such time as the employee can no longer drive vehicles required in his/her job classification
because of his/her failure to comply with CDL requirements of the state, the City shall
preclude the employee from driving the designated City vehicles. The employee shall have
thirty (30) days in which to comply with the state CDL requirements or to obtain a transfer,
demotion or promotion to a position not requiring CDL licensure. Such job change must be
accomplished within the normal processes for transfer, demotion or promotion. Failure to
obtain the appropriate license or, alternately, to obtain a transfer, demotion or promotion to a
position not requiring the CDL shall result in the layoff of the employee.
42
B. The City will reimburse employees for the cost of any CDL and endorsements required by the
City, including any fees associated with obtaining such license or endorsements, provided the
employee has submitted evidence of possession of the CDL in good standing along with a
receipt identifying the costs incurred, and has not had any in-service vehicle accident or moving
traffic violations since his/her last license was issued.
Section 15. Parking
The City will make an effort to provide parking for all employees.
ARTICLE 10
INSURANCE
Section 1. The City agrees to meet with the CW A representatives as necessary to review the
health and life insurance programs for the purpose of reducing the cost of such programs for the City
and the employees. The City further agrees to provide the CW A with such information as it has
available which would be required to formulate such a benefit package and to cooperate with the CW A
to obtain pertinent information from the present carrier.
Section 2. The City agrees that for the calendar year occurring within the first year of the
agreement, the City shall contribute toward the medical insurance premiums for employees and their
dependents in the amount approved for the plans approved by the City Commission. The City and
Union agree to maintain the current Benefits Committee recommendation process culminating in final
action by the City Commission to determine medical insurance premiums for employees and their
dependents for the duration of this Agreement. The City further agrees that during the life of the
agreement, the City will make available to employees the option of at least one health insurance plan
for which the City shall pay 100% of the premium for the employee only base benefit plan cost, it
being understood that such base plan may provide a different level of benefit than that which is
currently provided. Additional coverage for the family or spouse, as well as any enhancements or "buy
ups" to the base plan will continue to be paid for by the employee.
Section 3. The City agrees to continue to pay the premiums for group life insurance valued
at a minimum of $2,500 per employee through September 30, 2008. Effective September 30, 2008, the
City shall pay the premiums for group life insurance for all bargaining unit members equivalent to one-
and-one-half times the respective employee's annual base rate of pay, up to a maximum of $50,000
coverage. Effective September 30, 2008, the City shall no longer participate in the "1 %" Life
Insurance Program, and shall cease premium contributions and payroll deductions on behalf of
employees. As of such date, employees will be required to deal directly with any applicable vendors or
agents and modify any existing policies or premium contribution amounts accordingly.
Section '4. Unemployment Insurance: The City shall participate in and provide
employees with unemployment insurance as provided by law.
Section 5. Workers' Compensation Insurance: The City shall participate in and provide
employees with Workers' Compensation Insurance as provided by law.
43
Section 6. Social Security Insurance: The City shall provide all necessary employer
contributions for social security insurance as provided by law for those employees ineligible to
participate in the City retirement program.
Section 7. Liability Insurance: The City shall provide legal counsel to assist in the
defense of any claim against any member of the bargaining unit, where the claim results from the
employee's employment with the City and where the employee is acting within the scope of his/her
employment, except that the City will not be obligated to defend or pay a claim based on an intentional
tort. The City will indemnify, payor insure any claim other than an intentional tort.
ARTICLE 11
PERFORMANCE AND DISCIPLINE
Section 1.
No employee shall be disciplined except for just cause.
Section 2. The City and the Union will continually review the Performance & Behavior
Management Program (PBMP) at mutually convenient time periods in a cooperative manner.
Section 3. Whenever the City or the Union proposes to amend any policy affecting the
discharge and discipline of unit employees, the City or the Union shall provide notice and a copy of the
proposed amendments to the other party at least 21 days in advance of a meeting. The Union and the
City shall meet to reach consensus on any proposed changes.
Section 4. Development plans designed to address employees' performance or behavior
which does not meet established standards or expectations may be initially implemented for a period
from a minimum of 3 months to a maximum of 6 months, and may be extended for up to an
additional 6 months if deemed appropriate. Employees shall be provided written acknowledgment of
successfully completed development plans.
ARTICLE 12
DRUG AND ALCOHOL POLICY
The City's policy is intended to conform to the Drug Free Work Place Act and to be in
compliance with any Federal Law requirements regarding the unlawful manufacturing, distribution,
dispensation, use or possession of any controlled substance or illegal drug.
Section 1. Voluntary use of controlled substances which cause intoxication or impairment
on the job and poses risks to the employer, the affected employee and their coworkers, is prohibited.
Section 2. All bargaining unit employees will be fully informed of the employer's for cause
drug testing policy before testing is administered. Bargaining unit employees will be provided with
information concerning the impact of the use of drugs on job performance. Unit supervisors will be
trained to recognize the symptoms of drug abuse, impairment and intoxication. The City will permit
two employees selected by the Union to attend such training class on City time.
44
Section 3.
Annual Physical
Employees in job classifications which require an annual or biannual physical may be required
to submit to a drug screening as part of the annual physical examination.
Section 4.
City's Drug and Alcohol Program Policy
The City's Drug and Alcohol Program Policy delineates drug and alcohol test procedures.
Revisions governing testing standards and job classification specifications shall be made as revisions to
laws or regulations of state or federal government or agencies deem permissible. Union
representatives will be furnished with copies of the policies upon such revision. Whenever the City or
the Union proposes to amend or change any policy affecting drug and alcohol testing, the City or the
Union shall provide notice and a copy of the proposed amendments or changes to the other party at
least 30 calendar days in advance of the proposed effective date of the change. The Union and the
City shall have the right to bargain such proposed amendments or changes in accordance with the law
and the terms of this agreement.
ARTICLE 13
RETIREMENT
Section 1. The City agrees to send announcements of regularly scheduled meetings of the
Board of Trustees of the Employees' Retirement System to the President of the Union.
Section 2. A spokesman for the Union shall have the right to present the Union's views
regarding the employees' retirement system either orally or in writing to the Advisory Committee of
the Board of Trustees.
Section 3. Notification of any change of benefits in the Employees' General Pension Plan
shall be given to the employees 60 days prior to any action taken.
Section 4. The parties agree to bargain proposed changes in the City's Pension Plan that
deal with mandatory subjects of collective bargaining and any impact these changes may have on
bargaining unit members.
Section 5.
Vacation and Bonus to be Credited Toward Retirement
A. Vacation Accumulation
The amount of vacation accumulation shall not exceed 240 hours for the purpose of early
retirement.
45
B. Special Bonus Days After 20 Years
Upon the completion of a total of 20 years (consecutive) service with the City, an employee
who was employed by the City prior to October 1, 1990, shall be entitled to begin accumulating
credit toward the awarding of bonus days for the purpose of early retirement or a cash
settlement only at the time of retirement which shall not exceed a total of 15 working days. No
bonus days shall be provided to any employee hired by the City on or after October 1, 1990.
The schedule for the accumulation of bonus days shall be as follows:
Upon completion of 21 years service
Upon completion of 22 years service
Upon completion of 23 years service
Upon completion of 24 years service
Upon completion of 25 years service
Number of days which may be
accumulated
Accumulate 1 day
Accumulate 2 additional days
Accumulate 3 additional days
Accumulate 4 additional days
Accumulate 5 additional days
15 days total
Section 6. Any sick leave charged to an employee's sick leave balance after May 10, 1998 as
the result of a line-of-duty injury shall be added back to the employee's sick leave balance up to the sick
leave cap of 1560 hours at the time of retirement. Employees who experienced a line-of-duty injury
between October 1, 1979 and May 10, 1998 must submit a claim in writing to Human Resources
within 90 calendar days of the effective date of this Agreement or forfeit the credit. This relates only
to injuries and re-injuries wherein wages are compensable under Workers' Compensation.
Section 7. During the advancing of the retirement date through the use of sick leave, bonus
days, and vacation leave, employees shall not accrue any benefits except retirement credit, including but
not limited to vacation leave, sick leave, insurance premiums, holidays, workers' compensation, salary
increases, assignment pay, shift pay, allowances, reimbursements or special payments, or bonuses of
any kind.
ARTICLE 14
SENIORITY, LAYOFF, AND RECALL
Section 1.
Seniority
A. Seniority is defined as the length of continuous service in City employment. Seniority will
continue to accrue during all types of leaves of absence with pay and other leaves where
specifically provided.
B. After successful completion of the initial probationary period~ which is six months, seniority
will revert to the date of employment. Seniority shall be used as a factor in consideration for
promotion. When skills and qualifications are substantially equal, seniority shall prevail.
C. Employees shall lose their seniority only as a result of the following:
46
1. Voluntary tennination.
2. Retirement.
3. Tennination for Cause.
4. Failure to return from military leave within the time limit prescribed by law.
D. Whenever there is a question as to which bargaining unit employee shall be allowed vacation,
days off, differential payments or hours of work, seniority shall prevail, provided skills and
qualifications are substantially equal.
Section 2.
Layoffs
A. An employee may be laid off by the City Manager in the manner herein provided when there is
lack of work or funds, abolition of position, or material changes in duties or organization which
require a reduction in personnel. No regular employee, however, shall be laid off while there
are Emergency, Temporary, Seasonal, probationary, or other ~oll'-.regular .$tatus employees
serving in the same class. ..,....~...... - .
~ ...... ,-'-
.. . . .".....
B. When the need arises for laying off regular employees in any d~~irt'for any o~ the reasons
enumerated in Section 1 hereof, the order of layoff shall be deten;nined:by taking into account
both service ratings and seniority. It is specifically understood that layoffs will be by
classification on a city-wide basis. When other qualifications are' substantially equal, City
seniority will govern. When City seniority is the same, time in classification will govern. When
City seniority and time in classification are the same, the order of layoff shall be detennined .by
a coin toss. Notwithstanding the above, part-time employees shall be laid off prior to full;.time
employees in the same job classification. When detennining the order of layoff for part-time
employees, City seniority shall be defmed by the number of completed continuous service
hours.
C. An employee who is designated to be laid off shall have the opportunity to revert to the
position he/she held prior to his/her current classification. If this movement requires further
reduction in the work force, the same procedure shall be utilized for subsequent positions in
accordance with this section, and the process continued through the ranks thereafter.
The provisions of this and the following section are based on the premises that the services of
the affected employee have been satisfactory and that he/she is physically and mentally capable
of efficiently discharging the duties of another position in the same or lower class.
D. Names of regular employees who are laid off shall be placed on the re-employment list for the
appropriate class for re-employment within one year thereafter when vacancies in the class
occur. An employee who is eligible to have his/her name placed on a re-employment list may,
on written request and with the approval of the Human Resources Director and the City
Manager or designee, have his/her name also placed on re-employment lists for the same or
lower classification requiring essentially the same or lesser qualifications within a class series or
for other classes in which the employee previously had regular status. Names shall be placed
on the re-employment list in the order of City seniority.
47
ARTICLE 15
DURATION, MODIFICATION AND TERMINATION
This Agreement shall be effective as of the 1st day of October, 2005 and shall continue in full
force and effect until September 30,2008. At least 120 days prior to the termination of this Agreement,
either party hereto shall notify the other, in writing, of its intention to modify, amend or terminate this
Agreement. Failure to notify the other party of its intention to modify, amend or terminate, as herein
above set forth, will automatically extend the provisions and terms of this Agreement for a period of one
year, and each year thereafter absent notification.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 2nd day of March,
2006.
ATTEST:
. - . !..On<a.
. a E. Goudeau, City Clerk
Approved as to fotm and correctness:
lL t. (, City Attorney
WITNESSES:
~
CITY OF CLEARWATER
~~.~Jr
William B. Horne II, City Manager
Countersigned:
4~,~
~Hibbard,Mayor
COMMUNICATIONS WORKERS
o:;za
~
Don LaRotonda, CW A Representative
48
APPENDIX A
C.W.A. Alphabetical Listing of Job Classifications and Pay Grades
Job Code
225
230
1540
4603
707
1560
1570
1380
510
706
90
1318
500
1040
1050
1001
2485
6001
6565
6500
5128
5125
5135
1125
1335
1340
1320
1325
1115
1741
1940
1105
1172
1810
5110
5111
4035
4040
1610
1675
1654
1660
Title
Accounting Clerk
Accounting Technician
Air Conditioning Technician
Arborist
Board Reporter
Building & Maintenance Foreman
Building & Maintenance Supervisor
Building Construction Inspector
Chief Communications Technician
City Clerk Specialist
Clerk-Receptionist
Code Enforcement Inspector
Communications Technician
Construction Inspector I
Construction Inspector 1/
Construction Office Specialist
Construction Specialist
Container Maintenance Worker
Courier
Custodial Worker
Customer Service Accounting Representative
Customer Service Representative
Customer Service Specialist
Design & Mapping Technician
Development Review Specialist
Development Review Supervisor
Development Review Technician I
Development Review Technician 1/
Drafting & Mapping Technician
Electro-Mechanical Technician
Electronics Technician
Engineering Technician
Environmental Technician
Equipment Operator
Field Service Representative I
Field Service Representative 1/
Fire Public Education & Info Aide
Fire Public Education & Info Specialist
Fleet Mechanic
Fleet Mechanic Supervisor
Fleet Operations Trainer
Fleet Production Control Coordinator
Pay Grade
C-105
C-109
C-112
C-111
C-109
C-11 3
C-116
C-11 5
C-114
C-109
C-101
C-11 3
C-111
C-112
C-114
C-109
C-11 3
C-107
C-104
C-102
C-108
C-107
C-11 0
C-113
C-112
C-114
C-107
C-11 0
C-111
C-115
C-114
C-111
C-11 0
C-108
C-106
C-107
C-109
C-112
C-112
C-116
C-114
C-115
Job Code
1601
4601
5379
5383
5355
5365
5375
635
61
70
44
1820
1365
5741
1345
2068
2110
8000
1360
1910
4012
1760
6530
6540
3010
3045
3044
3030
1651
655
656
2066
2030
2035
2045
2025
4671
4672
4625
4635
4645
3230
Title
Fleet Service Worker
Forestry Technician
Gas Specialist
Gas Supervisor
Gas Technician I
Gas Technician II
Gas Technician III
GIS Technician
Graphics Specialist
Graphics Supervisor
Graphics Technician
Heavy Equipment Operator
Housing Inspector
Industrial Pretreatment Technician
Inspections Specialist
Lead Parking Attendant
Library Assistant
Library Page
License Inspector
Licensed Electrician
Life Hazard Safety Inspector
Machinist/Fabricator
Maintenance Worker I
Maintenance Worker II
Marine Facility Operator
Marine Lifeguard
Marine Operations Supervisor
Marine Recreation Program Supervisor
Mechanic Fabricator
Network Support Technician I
Network Support Technician II
Parking Attendant
Parking Enforcement Specialist
Parking Enforcement Supervisor
Parking Operations Supervisor
Parking Technician
Parks Service Supervisor I
Parks Service Supervisor II
Parks Service Technician I
Parks Service Technician II
Parks Service Technician III
Personnel/Payroll Technician
Pay Grade
C-105
C-106
C-115
C-11 6
C-107
C-111
C-114
C-111
C-109
C-116
C-108
C-111
C-114
C-11 3
C-114
C-106
C-105
Hourly
C-11 3
C-115
C-113
C-114
C-102
C-105
C-108
C-107
C-116
C-112
C-11 3
C-108
C-111
C-101
C-107
C-112
C-114
C-108
C-114
C-116
C-104
C-108
C-111
C-11 0
11
Job Code
1545
8355
3571
3568
3560
3515
3505
3510
3517
3520
3521
3570
4760
1740
1745
1755
1705
1708
1725
1730
1746
1750
1756
1706
1709
1726
4762
4763
4784
4785
5160
3050
3572
180
170
1355
6026
6020
6046
6036
6040
6000
Title
Plumber
Police Aide
Police Communication Operator
Police Communication Operator Trainee
Police Communication Supervisor
Police Information Supervisor
Police Information Technician I
Police Information Technician II
Police Office Specialist
Police Property Clerk
Police Property Supervisor
Police Telecommunicator
Pool Guard
Public Services Specialist
Public Services Supervisor I
Public Services Supervisor II
Public Services Technician I
Public Services Technician II
Public Services Technician III
Public Services Trainer
Public Utilities Specialist
Public Utilities Supervisor I
Public Utilities Supervisor II
Public Utilities Technician I
Public Utilities Technician II
Public Utilities Technician III
Recreation Leader I
Recreation Leader II
Recreation Program Support Technician
Recreation Programmer
Senior Customer Service Representative
Senior Marine Lifeguard
Senior Police Communication Operator
Senior Service Dispatcher
Service Dispatcher
Sign Inspector
Solid Waste Accounts Coordinator
Solid Waste Equipment Operator
Solid Waste Service Coordinator
Solid Waste Supervisor I
Solid Waste Supervisor II
Solid Waste Worker
Pay Grade
C-112
C-104
C-112
C-109
C-115
C-11 3
C-105
C-109
C-109
C-106
C-113
C-107
C-105
C-114
C-114
C-116
C-107
C-111
C-113
C-114
C-11 5
C-114
C-116
C-107
C-111
C-113
C-105
C-107
C-109
C-109
C-111
C-109
C-11 3
C-110
C-105
C-114
C-111
C-111
C-116
C-114
C-116
C-105
ill
Job Code
6003
100
420
1010
1020
1030
1530
2050
2055
2005
6005
4600
1765
1775
1785
1640
1650
5720
5710
5701
5700
5730
5570
5561
5560
5550
5540
3060
6014
Title
Solid Waste Yard Maintenance Leader
Staff Assistant
Stores keeper
Survey Assistant I
Survey Assistant II
Survey Party Chief
Tradesworker
Traffic Engineering Assistant
Traffic Operations Supervisor
Traffic Technician
Transfer Station Operator
Tree ;rrimmer
Utilities Mechanic
Utilities Mechanic Supervisor I
Utilities Mechanic Supervisor II
Warehouse Clerk
Warehouse Supervisor
Wastewater Treatment Plant Operator-A
Wastewater Treatment Plant Operator-B
Wastewater Treatment Plant Operator-C
Wastewater Treatment Plant Operator-Trainee
Wastewater Treatment Plant-Lead Operator
Water Plant Lead Operator
Water Plant Operator A
Water Plant Operator B
Water Plant Operator C
Water Plant Operator Trainee
Water Safety Supervisor
Welder
IV
Pay Grade
C-107
C-107
C-11 0
C-103
C-108
C-114
C-111
C-110
C-116
C-111
C-107
C-108
C-112
C-114
C-116
C-108
C-114
C-113
C-112
C-111
C-105
C-116
C-116
C-113
C-112
C-111
C-105
C-114
C-111
APPENDIX B
C.W.A. Pay Range Tables
2005/2006 2006/2007 2007/2008
Pay Grade BIW Min BIW Max BIW Min BIW Max BIW Min BIW Max
101 651.21 980.94 670.75 1010.37 690.87 1040.68
102 684.18 1030.40 704.71 1061.31 725.85 1093.15
103 717.16 1079.86 738.67 1112.25 760.83 1145.62
104 754.25 1133.44 776.88 1167.44 800.18 1202.46
105 795.47 1191.14 819.33 1226.87 843.91 1263.68
106 832.56 1252.96 857.54 1290.55 883.26 1329.27
107 873.78 1310.66 899.99 1349.98 926.99 1 390.48
108 919.11 1380.73 946.69 1422.15 975.09 1464.82
109 964.45 1450.80 993.38 1494.32 1023.19 1539.15
110 1013.91 1516.74 1044.33 1562.25 1075.66 1609.11
111 1063.37 1599.17 1095.27 1647.15 1128.13 1696.56
112 1116.95 1677.48 1150.46 1727.81 1184.97 1779.64
113 1174.65 1759.92 1209.89 1812.71 1246.19 1867.10
114 1228.23 1846.47 1265.08 1901.86 1303.03 1958.92
115 1294.18 1937.14 1333.00 1995.26 1372.99 2055.12
116 1360.12 2036.06 14QO.93 2097.14 1442.95 2160.06
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