AGREEMENT 2017 - 2020AGREEMENT
between
CITY OF CLEARWATER, FLORIDA
and
COMMUNICATIONS WORKERS OF AMERICA, Local 3179
FISCAL YEARS
2017 - 2018
2018 — 2019
2019 - 2020
ARTICLE # TITLE PAGE #
Preamble 1
Article 1 Recognition 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 14
Probationary Periods 16
Health & Safety 17
Paycheck Issuance 18
Article 8 Leaves of Absence 19
Designated Holidays 19
Floating Holidays 21
Vacation 22
Sick Leave 24
Funeral Leave 29
Line -of -Duty Injury 30
Military Leave 31
Jury Duty and Court Time 31
Administrative Leave 32
Leaves without Pay 33
Other Time Off 33
Union Time 34
Alternate Duty & Return to Work 35
ARTICLE # TITLE PAGE #
Article 9 Wages & Compensation 36
Salary 36
Overtime 38
Standby & Recall 39
Shift Differential 40
Acting Pay 40
Training Differential 40
Leadworker Pay 40
Assignment Pay Differential 41
Uniforms & Rain Gear 41
Certification Pay 42
Replacement & Repair of Tools/ASE Certifications 43
Training and Career Development 43
Travel and Mileage 43
Commercial Drivers License 43
Tuition Reimbursement 44
Article 10 Insurance 44
Article 11 Performance & Discipline 45
Article 12 Drug & Alcohol Policy 45
Article 13 Retirement 46
Article 14 Seniority, Layoff, and Recall 47
Seniority 47
Layoff 48
Article 15 Duration, Modification, & Termination 49
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.
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, the following
A. to manage the City generally and to determine the issues of policy;
B. to determine the facts which are the basis of management decisions;
C. to determine the necessity or organization of any service or activity conducted by the City and
to expand or diminish services;
D. to determine the nature, manner, means, and technology, and extent of services to be provided
to the public;
E. to determine methods of financing and budgeting;
F. to determine the types of equipment and technology to be used;
G. to determine and/or change the facilities, methods, technology, means and size of the work
force by which the City operations are to be conducted;
H. to determine and change the number of locations, relocations, and types of operations,
processes, and materials to be used in carrying out all City functions including, but not limited
to, the right to contract for or subcontract any work or operation of the City in accordance with
the practices followed prior to this Agreement;
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I. to assign work to and schedule employees in accordance with requirements as determined by
the City, and to establish and change work schedules and assignments;
J.
to relieve employees from duties for lack of work, lack of funds or any other non -disciplinary
reasons;
K. to discharge, suspend, demote, or otherwise discipline employees for just cause;
L. to determine job classifications and to create, modify or discontinue jobs;
M. to hire, transfer, promote, and demote employees;
N. to determine policies, procedures, and standards for selection and training;
O. to establish productivity programs and employee performance standards including, but not
limited to, quality and quantity standards and to require that such standards be followed;
P. to maintain order and efficiency in its facilities and operations;
Q. to establish and promulgate and/or modify rules and regulations and standard operating
procedures;
R. to otherwise take such measures as the City may determine to be necessary to the orderly and
efficient operation of its various operations, functions and services;
Section 5. Union Rights
A. Check -Off The City shall deduct dues twice per month in amounts as certified to the City by
the Secretary -Treasurer of the Communications Workers of America and will remit the
aggregate deduction so authorized together with an itemized statement to the Secretary -
Treasurer. Dues deductions will be remitted within 30 days from the date of the deduction on
a monthly basis. Changes in Union membership dues will be similarly certified to the City in
writing and shall be done at least 30 days prior to the effective date of such change.
Notwithstanding anything herein to the contrary, any authorization for dues deduction may be
cancelled by the employee upon 30 days written notice to the City and to the Union.
The Union shall indemnify and hold harmless the City from any and all claims or demands and
expenses in connection therewith based upon the City's participation in dues deduction.
Nothing contained herein shall require the City to deduct from a salary or be otherwise
involved in the collection of Union fines, penalties or special assessments.
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B. The Union shall have access to City conference rooms and other similar building facilities, if
available, for meetings of the Union in the same manner as the general public. However, the
Union shall have access to available facilities, without charge, for meetings to ratify this
Agreement.
C. 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.
D. All permissible notices shall be signed by a duly recognized officer of the Union and may be
delivered through the City's departmental interoffice mail system. 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.
E. 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.
F. The Union representatives shall be allowed as defined below 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.
G. 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.
H. 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.
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Section 6. Miscellaneous
A. Shared Cost of Printing Agreement -- The City and the Union each agree to pay one-half of a
reasonable cost for printing copies of this Agreement in pocket booklet form for all employees
in the unit. 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 -- On reasonable advance notice, employees shall be allowed to
review their personnel files.
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 in accordance with the established City rate for copies. This material shall be non-
controversial in nature and subject to advance review by the City Manager or his/her designee.
Section 7. Emergency Conditions
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.
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
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Magistrate 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 Magistrate 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, composed of
Union and City representatives. Rules and operating procedures of the Committee shall be
established and may be changed by mutual agreement of the City and the Union.
The Labor -Management Committee shall not be intended to bypass the grievance procedure.
The Committee shall have advisory powers only but may propose standard policies and procedures to
be followed city-wide. However, decision making responsibility shall continue to remain with line
management of the City and with line officers of the Union. If such recommendations are adopted by
the City Manager, they shall not be applied to bargaining unit employees if they are in conflict with the
provisions of the CWA contract.
The City agrees that meetings, mutually agreed upon between the Union and the City will be held to
discuss problems and objectives of mutual concern. These meetings do not preclude any additional or
needed meetings between any management and Union representative.
The City will fund the registration cost only for up to five Union members who are current
City employees to attend the Florida Labor Management Conference or a similar labor-management
conference or seminar within the state of Florida one time for each year of the Agreement. The
expenditures of any such funds made available by the City will require the mutual agreement of the
City and the Union.
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ARTICLE 6
GRIEVANCE PROCEDURE
It is the intent of this Article to provide a means for the fair, expeditious and orderly settlement
of disputes that arise under this Agreement between the Union and/or an employee and the City. All
employees and supervisory personnel should make every possible effort to settle differences at the
lowest possible step outlined in this Article.
Section 1. A grievance shall be defined as any difference, dispute or complaint regarding
the interpretation or application of the terms of this Agreement. Grievances may be filed by the City
or by an aggrieved employee through the Union. Entrance probationary employees shall not have
access to the grievance procedure during the probationary period. Grievances initiated by the City
shall always begin in Step 3, as hereinafter provided.
A class-action grievance may be filed by the Union if an action or dispute directly affects more
than one bargaining unit employee. A class-action grievance may begin at Step 3.
Section 2. No employee or group of employees may refuse to follow directions pending the
outcome of a grievance. Employees in the unit will follow all directives, even if such directives are
allegedly in conflict with the provisions of this Agreement. Compliance with such directives will not in
any way prejudice the Union and/or employee's right to file a grievance within the time limits
contained herein, nor shall compliance affect the ultimate resolution of the grievance.
Section 3. It is recognized and accepted by the Union and the City that the processing of
grievances is of utmost importance, and therefore grievances may be processed during employees'
normal working hours without loss of wages when the absence of employees or supervisors involved is
reasonable and will not, in the judgment of the Department Head or City Manager or City Manager's
designee, be detrimental to the work programs of the City. A grievant may be accompanied by a
Union representative at any time during the grievance procedure. The City will attempt to
accommodate all parties in the processing of grievances.
Section 4. If an employee selects the grievance procedure, as hereinafter set out under this
Agreement, it is specifically understood that said employee has exercised his/her option granted by
Florida Statutes 447.401 and cannot thereafter process his/her complaint under any Civil Service
appeal procedure. Any employee presenting a grievance shall be referred to a Union representative
after which the Union will advise whether the grievance is meritorious for processing, and shall be
formally processed in accordance with the steps outlined below. When the City is informed by the
Union that it is representing an employee in the grievance process, the City shall not deal directly with
the employee throughout the process except at the employee's specific written request. The Union
shall be afforded the opportunity to be present at the resolution or 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.
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Step 1
Within 15 working days after such alleged violation is known by the grievant, the Union and/or
aggrieved employee will present the grievance in writing 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 parties.
Grievances submitted which do not contain the information required on the form shall be returned
to the Union and/or employee for completion. The Union and/or employee shall be advised as to
why the form is not complete. This shall extend the required time for submittal of the grievance to
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 parties.
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 parties 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.
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
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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.
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.
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C. No record dealing with the processing of a grievance shall become a part of the personnel files
of individual employees; however, ultimate records of adverse actions against employees may
be included in personnel files.
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 Manager or his/her designee rather
than with the division head or department head. Grievances relating to suspension or dismissal
shall be initiated at Step 3, however the Union shall be required to provide a copy of any such
grievance submitted at Step 3 to the employee's department head.
G. It is specifically agreed that employees who claim to have been discharged unjustly shall be
subject to the foregoing grievance procedure, and if it is found that an employee has been
unjustly discharged, he/she may be returned to work with pay for all time lost; provided that
discharge or other disciplinary action taken with respect to any probationary employees is
expressly excluded from this paragraph.
H. Where any provision of this Agreement involves responsibility on the part of the Union that, in
the view of the City, is not properly being carried out, the City may present the issue to the
Union as a grievance. If such grievance cannot be resolved by discussion between the City and
the Union on an informal basis, the grievance shall be initiated at Step 3 of this procedure by
the 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.
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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. Employees must obtain approval from a person of competent authority
prior to working any hours outside of their established work schedule, either before their
designated starting time or after their designated quitting time or during an unpaid meal period.
B. The City shall determine and notify employees in advance of the days and times of work for
their normal work schedules. Regular full-time employees will be provided an unpaid meal
period of either thirty minutes or sixty minutes duration as determined by the respective
Department Director. The City Manager or his/her designee shall review and determine
whether, in situations where the employees' position does not permit the employee to be freed
from his/her duties only, the employees shall instead be paid for all scheduled hours and
required to take a meal during any period of non -work time during the course of the workday.
Such determination will not be changed on a daily basis except when necessary due to
operational demands.
The City shall determine at what time applicable employees will be required to take an unpaid
meal period. Generally, the meal period will be scheduled in the middle of the work shift.
Employees who are not scheduled an unpaid meal period will not be required to take their meal
during a 15 minute paid rest period. When employees are required by the City to perform
actual job duties during any part of a meal period, they will be compensated in accordance with
applicable provisions of the Fair Labor Standards Act and this Agreement for any time worked.
All full-time employees shall be entitled to 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 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. Paid rest periods must be taken in their entirety
and may not be subdivided into shorter increments.
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.
Employees assigned to the Police Department Communications Division in the classifications
of Police Communication Operator Trainee, Police Communication Operator, Senior Police
Communication Operator or Police Communication Supervisor shall be allowed to combine
their 15 -minute paid rest periods in conjunction with the 30 minute unpaid meal period to
provide adequate break for employees while not impeding the dynamic operational needs of the
environment. This duration of time should be scheduled during the middle of the shift and may
not be used to alter or shorten the work day.
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C. When an employee is required by his/her respective 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. A change in work schedule shall be considered to be a change in the
established regular days or hours of work constituting the employee's normal work schedule.
The requirement to continue working beyond the normal end of a work shift when directed by
competent authority to complete duties, tasks, or work assigned on the same work day shall not
constitute a change in the employee's work schedule.
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. The City may
request whether or not employees are interested in voluntarily flexing their work hours.
However, the City shall not require employees to flex their work hours solely to avoid the
payment of overtime, and shall not discipline employees for electing to not voluntarily flex their
work hours. This provision shall not impede the City's ability to adjust employees' work
schedules or to assign overtime when operationally necessary in accordance with applicable
provisions of this Agreement.
Employees are expected to be at their work station and prepared to work at their appointed
starting time. Employees will work until released by competent authority and will not leave their
work station or locations before their appointed quitting time.
H. Employees will be paid in increments of one-quarter of an hour. Employees will not be docked
pay for up to the first seven minutes and fifty-nine seconds after their appointed starting time.
Employees will not be paid for periods of work performed in increments of seven minutes and
fifty-nine seconds or less. For example, an employee who reports to work seven minutes and
fifty-nine seconds after his/her appointed starting time shall be considered tardy, but shall not
be docked pay. An employee who works eight minutes or more beyond his/her appointed
quitting time shall be eligible to be paid in increments of 1 /4 hour for all such time.
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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 or other evaluation process under the policies and practices of the Human
Resources Department. The City Manager or designee; upon notifying the Union or Union
designee, may authorize the placement of a candidate at a rate above the established entry of
the salary range not to exceed ten percent (10%) for a classification based on the candidate's job
related education, training and experience as well as any recruiting or retention issues.
Employees may review their own respective examination or evaluation results upon request.
The Union local president or designee (excluding any applicant shall be permitted to review
individual examination or evaluation results upon request and take such notes as necessary for
the purpose of determining whether to file or pursue a grievance.
B. Announcements for competitive exams or evaluation processes will be provided to each City
Department for posting at each appropriate work location at least 10 work days prior to the
filing deadline.
C. The City agrees to use to the maximum extent the skills and talents of existing employees in the
unit in order to achieve the resulting benefits of higher morale and reduced turnover. In filling
positions in the unit, the City will give concurrent consideration to persons in and outside the
unit, but all other factors being substantially equal, will fill such positions by selection from
eligible candidates in the unit. This shall not preclude the City from giving promotional
examinations restricted to City employees.
D. Promotional Lists -- The names of all persons who may be lawfully appointed and who shall
have attained a passing grade on any promotional or open competitive examination or
evaluation processes 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 (1) 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
Department regarding availability for appointment.
3. Separation from the City service of an employee on a promotional list.
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4. Disability (in accordance with the Americans with Disabilities Act) that prevents the eligible
from performing satisfactorily the duties of the position with or without a reasonable
accommodation.
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 Hiring Department 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.
I. Demotions -- An employee may request to be permitted to voluntarily demote to a position at
the same or lower level requiring essentially the same or lesser qualifications within a class series
or for other classes in which the employee was previously certified. Such employee's name
shall be provided to the hiring department along with the certified eligibility list, but shall not
establish any entitlement or right of the employee to the vacant position, and it shall be the sole
discretion of the hiring department to select such employee. An employee who is selected for a
voluntary demotion to a position as a trainee in an established apprentice program requiring
essentially the same or lesser qualifications within a class series shall be permitted to maintain
his/her rate of pay upon appointment to the new classification, but shall be required to fulfill all
requirements of the trainee position within any prescribed time limit, or shall be subject to
dismissal from employment or the requirement to obtain alternate employment with the City.
Such employee shall not receive a promotional pay increase upon completion of the respective
requirements for advancement, unless rate of pay falls below the minimum pay for the
promotional classification. Employeemaintains his/her current annual performance evaluation
date in effect at the time of the demotion for determining eligibility for subsequent merit pay
increases.
J.
Order of Certification -- The Human Resources Director shall determine the order of
certifications which may be by test score, alphabetically, by special qualification or as otherwise
determined appropriate.
K. Temporary and Emergency Appointments
1. Whenever there is need of an employee for a temporary period, the Human Resources
Director shall certify the names of persons on the appropriate eligibility list in accordance
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with City Civil Service Rules. The acceptance or refusal by an eligible for 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 Hiring Department and the Human
Resources Director may appoint any qualified person to such position via an Emergency
Appointment without competitive evaluation in accordance with City Civil Service Rules
and Regulations.
3. The Union shall be provided upon request a list of all current Emergency Appointments.
L. 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 with the
exception of the Police Communication Operator Trainee (PCOT) classification in which
the probationary period is one (1) year. 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; Regular part-time PCOT's shall not have completed a
probationary period in less than one (1) calendar year.
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.
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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.
5. 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.
M. Job Classification Review
An employee, for good and sufficient reasons, may request a review for a change in
classification. Such request shall be submitted in writing to the employee's department director
first. The department director shall review the request and send it; with his/her
recommendation, to the Human Resources Director for review as to its justification. The
Human Resources Director shall review the request and recommend to the City Manager or
designee the appropriate action. The decision of the City Manager is final and binding.
Section 3. Health & Safety
A. The City and the Union will cooperate in establishing a sub -committee of the
Labor/Management Committee with the continued objective of eliminating accident and health
hazards. This committee will meet on a regular basis and may make written recommendations
to the City regarding unsafe conditions or ideas for City safety. The City will consider written
recommendations from the committee and will implement solutions to these conditions where
practicable or shall appear before the committee or provide a written response as to why said
solutions are not practicable. The committee will not be utilized to determine fault or to reach
any conclusion or determination regarding potential disciplinary action.
B. The City will provide any safety equipment and devices for employees engaged in work where
such special devices and equipment are necessary and are specifically required by the City.
Employees not utilizing safety equipment which is specifically required by, and furnished or
paid for by the City, shall be subject to denial of work and/or disciplinary action.
C. Employees will not suffer any position penalty nor be financially responsible for damage to City
property occasioned by accident which is not caused by negligence.
D. The City shall continue to maintain a cleanup room with sanitary showers for the use of all
employees whose employment presents a threat of disease due to their exposure to unsanitary
conditions in those areas where it is currently doing so. If the Union believes that new
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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. The City shall provide free access for all bargaining unit members, and family members who
are currently enrolled on the City's health insurance plans, 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
Pay advice shall be available to be issued to employees by 9 a.m. of their respective workdays
on the same day that the pay advice is dated. Employees will receive biweekly the entirety of their
pay direct deposited by electronic transfer.
Section 5. Communications
Employees shall be prohibited from engaging in any form of work-related communication that
may be considered compensable during any unpaid hours outside of their scheduled work hours
without first obtaining approval from a person of competent authority. This includes the use of
City issued cell phones and land -line City work phones, direct -connect communications (push to
talk or walkie-talkie), text messaging, radio communications, and the use of a City computer or
remote access to the City computer system (including e-mail).
Employees shall not use their personal communications devices for non -emergency
communications during work hours except for paid breaks and meal periods. Such personal
communications shall be of short duration, conducted in a safe manner, and shall not adversely
impact operations. Violation of these provisions shall be considered grounds for discipline.
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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 King Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
Note: Emergency, Temporary, temporary part-time, and other non -re
receive holiday pay.
ar employees shall not
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 he/she would have
worked.
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
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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
equivalent to the number of hours the employee is scheduled to work on the holiday and
shall not be charged sick leave.
9. Pay Procedures for Designated Holidays
a) Procedure when holiday falls on employee's scheduled work day and employee
takes the day off: Employees receive holiday pay equivalent to the number of hours
the employee is scheduled to work on the holiday in addition to pay for all hours
worked the remainder of the workweek.
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 receive holiday
pay equivalent to the number of hours the employee is scheduled to work on the
holiday and are 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 equivalent to 20% of the employees' weekly
average budgeted hours which will not count as hours actually worked for the purpose
of calculating overtime in addition to pay for all hours worked the remainder of the
workweek; or may elect to designate as a holiday and not work 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 employee will receive
holiday pay equivalent to the number of hours the employee is scheduled to work on
that day, and such hours for holiday pay would count as hours actually worked for the
purpose of calculating overtime.
B. Floating Holidays
In addition to the designated holidays above, employees shall be entitled to up to three floating
holidays per payroll calendar year. Employees receive floating holiday pay equivalent to the
number of hours the employee is scheduled to work on the floating holiday in addition to pay for
all hours worked the remainder of the workweek. 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,
regardless of the number of hours the employee is scheduled to work on the day the floating
holiday is utilized. Floating holidays shall count as hours worked for the purpose of calculating
overtime.
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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.
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.
5. 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.
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Section 2. Vacation
A. Vacation Accrual
Vacation Accrual for 37.5 Hour Employees
Years of Service Biweekly Accrual Vacation Days
0 2.885 0
1* as of anniversary date 2.885 10
2 2.885 10
3 3.173 11
4 3.462 12
5 3.750 13
6 4.039 14
7 4.327 15
8 4.327 15
9 4.327 15
10 4.615 16
11 4.615 16
12 4.904 17
13 5.192 18
14 5.192 18
15 5.481 19
16 and over 5.769 20
Vacation Accrual For 40 -Hour Employees
Years of Service Biweekly Accrual Vacation Days
0 3.077 0
1* as of anniversary date 3.077 10
2 3.077 10
3 3.385 11
4 3.692 12
5 4.000 13
6 4.308 14
7 4.615 15
8 4.615 15
9 4.615 15
10 4.923 16
11 4.923 16
12 5.231 17
13 5.538 18
14 5.538 18
15 5.846 19
16 and over 6.154 20
B. Maximum amount of vacation leave that may be accumulated is 240 hours.
C. The vacation year shall be the payroll calendar year.
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D. Vacation leave will accrue on a biweekly basis and will be pro -rated according to hours in a paid
status and excluding overtime, standby, recall or call back hours, or any hours paid by workers
compensation.
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 full-time employees who fail to complete six calendar months of service are not paid for
any accrued vacation leave. New part-time employees who have not obtained the requisite
number of hours equivalant to 1040 hours 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.
I. A period shall be established for the purpose of vacation selection, known as a vacation pick.
This period shall be the first two work weeks in the month of December 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 the vacation
pick, any request for vacation shall be based on "first come, first serve." Seniority of a
bargaining unit member shall not be used to revoke vacation leave or other time off for which a
department has granted prior approval to another bargaining unit member with less seniority.
J. In the event an employee is promoted, demoted or transferred from a full-time position to a
full-time position with greater or lesser biweekly hours, such employee's then accrued vacation
hours shall be adjusted, as appropriate, to reflect the equivalent vacation days.
K. Regular part-time employees shall have vacation accrual prorated each payroll period based on
the actual hours in a paid status.
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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, recall or call back hours, and any hours paid by
workers compensation. 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 in accordance with the above.
B. Sick Leave Accrual Caps
Employees hired prior to October 1, 2008 may accumulate up to 1,560 accrued hours.
Employees hired effective October 1, 2008 or later may accumulate up to 1,040 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).
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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, foster-child(ren), minor-guardianship(s),grandparents, grandchildren, brothers,
sisters, present spouse and the "immediate family" of the employee's spouse, domestic partner
of record as defined in accordance with criteria, policies, and procedures determined by the City
and the "immediate family" of the employee's present domestic partner of record, or other
family member living in the employee's immediate household. Employees may be required to
produce legal justification for Foster Child(ren)/Minor Guardianship(s).
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.
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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 be required to do so when
requested by their respective department director if the employee is absent from work for three
consecutive work days or if the respective department director has reason to question the
legitimacy of the absence. Employees may also be required to submit a certificate from a medical
doctor on a continuous basis only in conjunction with a development plan established between the
employee and the employee's respective supervisor. A valid doctor's certificate shall be a written,
typed, or printed statement from the doctor specifying the date(s) of visit/consultation with the
doctor, the date the employee is authorized to return to work, any conditions or limitations
imposed by the doctor, and the signature of the doctor or his/her designee. The City reserves the
right to substantiate the legitimacy of any certificate submitted by an employee as evidentiary
reason for the use of Sick Leave.
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.
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.
F. Payment for Unused Sick Leave
1. Upon separation from the City service, an employee shall be paid for one-half of his/her
accumulated unused sick leave up to a maximum payout of 520 hours for employees with a
1,040 hour cap or 780 hours for employees with a 1,560 hour cap, 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
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 at least sixty five years of age and has a minimum of ten years of service.
2. An employee who has been dismissed for cause shall have no claim for sick leave payment.
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G. Injury from Other Employment
1. An employee may not utilize accumulated sick leave for absences resulting from an injury
arising out of and in the course of employment, other than City employment, for which
monetary or other valuable consideration is received or expected. Any employee who
utilizes accumulated sick leave, or who attempts to utilize accumulated sick leave, for
absences resulting from an injury arising out of and in the course of employment, other
than City employment, may face disciplinary action up to and including termination.
H. Use of Leave After Accrual
1. Employees may be authorized to use sick leave after it is accrued. The employee may be
required to submit acceptable evidence such as a medical certificate from a medical doctor
to substantiate the reason for requesting sick leave.
I. Bonus Leave Days
1. Following a payroll calendar year that a bargaining unit employee; who is full-time and has
been employee one (1) full year; uses no sick leave, or less than two days of sick leave, and
has no unexcused absences and no more than two incidents of unexcused tardiness, the
employee will be awarded bonus leave days in accordance with the following chart. Time
charged to sick leave in conjunction with funeral leave shall not be counted toward the
eligibility for bonus leave days. Bonus leave days must be used in the next payroll calendar
year. Part-time employees are not eligible.
Amount of Sick Leave Used
Less than one standard work day
One standard work day up to
two standard work days
Bonus Days Awarded
2
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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J. 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 Article
8.3. Section D.4. 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 Union Designee or Elected Union Official shall determine use of the leave pool days,
subject to the above purpose and limitations.
i) A Union Designee or Elected Union Official 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. Decisions are final and are not subject to the grievance procedure.
ii) Bargaining unit members may donate days one time per year in the month of
January from their vacation leave, floating holiday, or sick leave at least one (1) day.
A day must be donated each calendar year to be eligible from program.
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 Union
Designee or Elected Union Official 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.
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 Union Designee or Elected Union Official
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.
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 start of
approved time of the most recent leave pool request.
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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.
1•)
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 any one time for
funeral leave to make arrangements for and/or 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, domestic partner of record as
defined in accordance with criteria, policies, and procedures determined by the City, or the
employee's or employee's spouse's or domestic partner's child, parent, foster-child(ren), minor-
guardianship(s),grandparent, grandchild, great-grandchild, brother, sister, stepparent, and
stepchild. Employees may be required to produce legal justification for Foster Child(ren)/Minor
Guardianship(s).
B. Employees shall be allowed up to four consecutive scheduled work days at any one time,
chargeable to sick leave, to make arrangements for and/or 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.
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
29
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 utili7e 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.
B. An employee may urili7e 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
30
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 240
hours per calendar year without loss of seniority rights or efficiency rating. Absences from duty
for military reserve training time in excess of 240 hours per calendar 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 240 hours 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.
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 that fall within the
employee's regularly scheduled work hours only. Leave with pay shall be granted for time
spent in court when 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.
Employees will be paid at their base rate of pay for any hours spent in court outside of their
regularly scheduled hours of work when subpoenaed as a witness as the result of a matter
arising out of the course of their employment only.
31
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 spent in court when subpoenaed as a witness as a result of a matter not arising out of
the course of employment which are compensated under the provisions of this Article shall
not count as hours worked for overtime pay purposes. Hours spent on jury duty or in
court when subpoenaed as a witness as the result of a matter arising out of the course of
employment which are compensated under the provisions of this Article shall 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 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.
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 or designee, following the expiration of all paid leave balances.
B. Upon expiration of an employee's accumulated paid leave and Family and Medical Leave when
applicable, if 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 or designee 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 pay or 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. 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
B. 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.
C. 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
subsections 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.
D. Employees shall be released from duty without loss of pay while competing in 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 fical year (inclusive for all Union
members), with the approval of the affected Department Director, provided that no less than
one week's notice is provided. In addition, the five active employee Union members for whom
the City funds the registration costs to attend the Florida Labor Management Conference or a
similar labor-management conference in accordance with Article 5 of this Agreement shall be
granted time off with pay and no charge to the Union hours above.
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.
34
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.
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. Alternate Duty & Return to Work
A. Employees who are physically unable to perform their designated jobs, with or without
reasonable accommodation in accordance with applicable law, may be assigned to alternate or
modified duty at the discretion of the City and in accordance with the skills, abilities, and
qualifications of the employee, any medical or physical restrictions placed upon the employee,
and the availability of work. Such duty assignments shall be afforded in increments of up to 30
calendar days and shall be limited to a maximum of 180 calendar days total. The employee's
ability to return to his/her designated position and the continued availability of the alternate or
modified duty work shall be evaluated at each 30 -day interval. Requests for alternate or
modified duty work shall be submitted on the appropriate forms to the Human Resources
Department. Employees designated for alternate or modified duty assignment shall be required
to notify Human Resources of any changes in their condition that may impact their ability to
perform the alternate or modified duty assignment or that may allow the employee to return to
full -duty in his/her designated position.
B. An employee may be absent from his/her designated position for a maximum of twelve
weeks or sixty work days in a twelve month period, exclusive of time authorized for leave in
accordance with an approved Family and Medical Leave Act request. This timeframe shall
include any paid or unpaid absence (to include leave time granted from the sick leave pool),
absence due to job -connected or non -job -connected injury or illness, or time served working
in an alternate or modified -duty position. An employee who is unable to perform the
essential functions of his/her designated position, with or without reasonable
accommodation in accordance with applicable law, for more than twelve weeks or sixty work
days in a twelve month period exclusive of time authorized for leave in accordance with an
approved Family and Medical Leave Act request shall be required to accept alternate
employment with the City in another job classification for which he/she is deemed by the
City to be qualified and able to perform the essential functions, with or without reasonable
accommodation in accordance with applicable law, or shall be subject to layoff.
35
An employee who is laid off pursuant to this provision shall be placed on the re-
employment eligibility list for his/her designated job classification and any other job
classification of a lower level in which the employee has previously served or for which the
employee is deemed by the City to be qualified.
ARTICLE 9
WAGES & COMPENSATION
Section 1. Salary (See Appendix for listing of pay grades assigned to represented job
classifications)
A. Pay Range maximums for all classifications represented by the bargaining unit will be
adjusted by 2 % effective at the start of the payroll period that includes October 1, 2017.
Pay Range minimums and maximums for all classifications represented by the bargaining
unit will be adjusted by 2 % effective at the start of the payroll period that includes October
1, 2018. Pay Range minimums and maximums for all classifications represented by the
bargaining unit will be adjusted by 2 % effective at the start of the payroll period that
includes October 1, 2019.
Effective from the first day of the payroll period that includes October 1, 2017 to the last
day of the payroll period that ends prior to October 1, 2018, 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 review shall be provided with a merit pay
increase equivalent to a 3% of the employee's respective annual base rate of pay to be
applied to the employees' biweekly base rate of pay, effective as of the start of the payroll
period that includes 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 October 1, 2017, prior to 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 of $25.00 for every full year of service as of 9/30/2017. This pay adjustment shall be
added to the employee's annual base salary prior to any calculations of merit increase
adjustment scheduled to occur on October 1, 2017 as outlined above. 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.
Effective from the first day of the payroll period that includes October 1, 2018 to the last
day of the payroll period that ends prior to October 1, 2019, 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 review shall be provided with a merit pay
increase equivalent to 3.5% of the employee's respective annual base rate of pay to be
applied to the employees' biweekly base rate of pay, effective as of the start of the payroll
period that includes the date of the employees' annual performance review. Any portion of
the increase which, when annualized, exceeds the respective pay range maximum shall be
36
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 the first day of the payroll period that includes October 1, 2019to the last day
of the payroll period that ends prior to October 1, 2020, 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 review shall be provided with a merit pay
increase equivalent to 3% of the employee's respective annual base rate of pay to be applied
to the employees' biweekly base rate of pay, effective as of the start of the payroll period that
includes 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 October 1, 2019, prior to 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 of $25.00 for every full year of service as of 9/30/2019. This pay adjustment shall be
added to the employee's annual base salary prior to any calculations of merit increase
adjustment scheduled to occur on October 1, 2019 as outlined above. 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.
B. Newly hired employees shall receive their first annual performance evaluation one year from
their initial date of hire, and if rated Meets Standards or better, shall receive any applicable
pay increases as of the start of the payroll period that includes the date of the initial one-year
performance evaluation. Such employees shall be eligible for their next annual merit pay
increase, if applicable, at the start of the payroll period that includes 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 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.
Employees shall maintain their established performance evaluation date upon changes in
classification, to include promotion to a higher level classification, demotion to a lower level
classification, or transfer to another classification at the same level. Employees shall receive
any applicable increase or decrease in rate of pay at the start of the payroll period that
includes the date of the employees' change in classification, and shall be eligible to receive
the full merit increase as provided for above at the start of the payroll period that includes
the date of the employees' annual performance evaluation.
C. 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 or who receive a
rating of Improvement Expected on their annual performance evaluation, 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 any applicable pay increases effective on
the date of the respective 3 -month follow-up performance evaluation the employee is
37
determined to meet standards. Such employees shall be eligible for their next annual merit pay
increase, if applicable, 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 any applicable 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.
D. Within budgetary allocations, the City Manager or designee, upon notifying the Union or Union
designee, may authorize base pay increases. Such pay adjustments may be approved to respond to
external labor market conditions, to address recruitment and/or retention issues, or to resolve
internal organizational pay equity concerns.
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 CWA bargaining unit to available and qualified
members of the bargaining unit prior to offering such assignments to non -bargaining unit
personnel.
1. All overtime must be approved by the respective Department Director or Manager prior
to any employees working outside their established work schedule.
2. The respective Department will determine if employees possess the qualifications, skills,
and ability necessary to perform the required work prior to assigning the overtime.
3. Overtime will be assigned on a voluntary basis unless the respective Department
Director or designee determines there is an emergency situation or there is not a
sufficient number of employees available on a voluntary basis to perform the work. For
an emergency situation or when an insufficient number of employees is available on a
voluntary basis, overtime will be mandatory.
4. When additional work hours are required to complete necessary work and cannot be
scheduled at least 48 hours in advance, the personnel working the assignment during
normal work hours will be offered the additional work hours on a voluntary basis first,
and then other employees possessing the qualifications, skills, and abilities necessary to
perform the work will be offered the additional work hours on a voluntary basis. In
order to minimize overtime costs, employees may be afforded the option of "flexing" the
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additional work hours within the same work week on a voluntary basis. If an insufficient
number of employees working the assignment is available on a voluntary basis,
employees working the assignment may be required to remain on duty until the work is
completed. If additional personnel are needed, an overtime list developed by the
respective Department with input from the applicable employees will be used to
determine the order of selection for holdover, call-back or call-in.
5. When necessary work can be scheduled with reasonable notice at least 48 hours in
advance, the respective Department Director or management designee will determine
whether to modify employees' work shifts, authorize overtime, or allow employees to
request to flex their work schedules.
C. Any full-time employee who is required to work two consecutive full shifts in a twenty-four
hour period 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.
Monday —Friday
Saturday & Sunday
Extended Time During Holidays
$35 Per Night
$40 Per Day
$45 Per Day
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.
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,
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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 pay or
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
for approved vacation, float holiday, sick, or other absence during normal work shift, 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 utili7ing flex -time) shall be entitled to 6% 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 utili7ing flex -time)
shall be entitled to 8% 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.
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 $15.00 per day.
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.
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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, or may
be authorized for shorter intervals at the discretion of the respective Department Director. 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 interested or deemed qualified, an employee may be
assigned Leadworker for consecutive one-year intervals.
Section 8. Assignment Pay Differential
A. 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 a development plan if performance is deemed
unsatisfactory.
B. Solid Waste Equipment Operators and Solid Waste Workers who are assigned and
complete two full routes on one work day during a work week that pickups are limited by
a City designated Holiday shall receive a premium pay equivalent to four hours of pay
based on the employee's base rate of pay. Such premium pay shall not constitute hours
worked or to be accumulated toward the calculation of overtime.
C. Bargaining unit members designated as certified Bi -Lingual Interpreter, who have successfully
passed a proficiency exam and where the position calls for an interpretation skill sets, shall be
provided $50.00 per pay in addition to the employee's current base rate of pay.
D. Incumbents in the classifications of Electro -Mechanical Technician, Electronic Technician,
Utilities Mechanic, Utilities Maintenance Supervisor I, and Utilities Maintenance Supervisor II
upon the effective date of this Agreement who are assigned to the maintenance of the Public
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Utilities infrastructure which includes plants and lift stations shall be eligible to receive a 5%
Pay Differential.
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 shall determine the manner of
procurement and style of uniforms to be worn. The City agrees to provide, at a minimum
cotton blend uniforms of at least 35% cotton to employees who are required to wear uniforms.
Polester or polyester blend uniforms that utilize cooling properties may be utilized. The
employee agrees to launder the uniforms. The employee will be issued a replacement for each
uniform that becomes tom 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 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 provision of
safety shoes. 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 umbrellas instead of rain gear as appropriate to the job
classification.
D. All uniforms and equipment provided by the City shall be issued and accounted for in
accordance with I.R.S. regulations governing same.
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
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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.
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 15% licensure
pay differential in addition to the respective incumbent's base rate of pay for the possession
and maintenance of two or more valid inspector licenses offered by the State of Florida
Building Code Administrators and Inspectors Board. 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.
D. Incumbents in the classifications of Water Distribution Operator and Water Distribution
Operator Lead, Water Distribution Supervisor I, and Water Distribution Supervisor II who
obtain and maintain job-related Water Distribution Operator Licenses in accordance with
standards established by the City shall receive $50.00 per payroll period in addition to the
employee's base rate of pay. The City agrees to pay the cost of the examination process for
each level certification.
Incumbents in the classifications of Water/Wastewater Plant Operator C,
Water/Wastewater Plant Operator B, Water/Wastewater Plant Operator A, and Chief
Water/Wastewater Operator shall receive $50.00 per payroll period if classified as a "C'
licensed Operator; $100.00 per payroll period if classified as a "B' licensed Operator; and
$150.00 per payroll period if classified as an "A" licensed Operator or Chief Operator, in
addition to the employee's base rate of pay.
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 it can be verified such tools are broken on the job or when such
tools are stolen from the job site and a police report confirming the theft is given to management.
Tools will be replaced with tools of same manufacture and model. If the exact tool cannot be
provided, a tool of equal value and quality shall be provided. Employees shall be required to report the
breakage or loss of such tools to theft immediately in order to be entitled to replacement or repair.
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.
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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.
B. The City will reimburse regular, non -probationary 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.
Section 16. Tuition Reimbursement
Each member of the bargaining unit shall be entitled to reimbursement for tuition fees for
approved courses in accordance with the City's Tuition Refund Program up to an amount of $1,500
per year for each fiscal year of this Agreement.
ARTICLE 10
INSURANCE
Section 1. The City agrees to meet with the CWA 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 CWA with such information as it has
available which would be required to formulate such a benefit package and to cooperate with the CWA
to obtain pertinent information from the present carrier.
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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 authorized for the plans approved by the City Commission. The City and
Union agree to maintain a 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, and that such plan may include requirements or incentives as conditions for
enrollment in the plan as determined by the outcome of the Benefits Committee process described
above.. 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 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.
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.
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, pay or 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.
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Section 4. Whenever an employee who is an Union member is noticed of any meeting that
could result in discipline, the employee will be granted a minimum of two (2) business days before the
meeting to arrange for Union representation. Business days shall be defined as Monday through
Friday exculsive of any holiday recognized by the City.
Section 5. 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.
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.
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ARTICLE 13
RETIREMENT
Section 1. The City agrees to send announcements of regularly scheduled meetings of the
Board of Trustees of the Employees' Retirement System to the President of the Union.
Section 2. A spokesman for the Union shall have the right to present the Union's views
regarding the employees' retirement system either orally or in writing to the Advisory Committee of
the Board of Trustees.
Section 3. Notification of any change of benefits in the Employees' General Pension Plan
shall be given to the employees 60 days prior to any action taken.
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.
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
setdement 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
employee's respective sick leave cap at the time of retirement. This relates only to injuries and re-
injuries wherein wages are compensable under Workers' Compensation.
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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:
1. Voluntary termination.
2. Retirement.
3. Termination for Cause.
4. Failure to return from military leave within the time limit prescribed by law.
D. Whenever there is a question as to which bargaining unit employee shall be allowed vacation
for requests made outside of the established "vacation pick" process, 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 either full-time or part-time 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 non -
regular status employees serving in the same class.
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B. When the need arises for laying off either full-time or part-time regular employees in any
department for any of the reasons enumerated in Section 1 hereof, the order of layoff shall be
determined by taking into account both service ratings and seniority. It is specifically
understood that layoffs will be by classification on a city-wide basis. When other qualifications
are substantially equal, City seniority will govern. 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 determined by a coin toss. When determining the order of layoff for part-
time employees, City seniority shall be defined 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
classification he/she held prior to his/her current classification. If a vacant position exists
within such employee's prior classification, the employee will be assigned to the vacant position.
If no vacant position exists within such employee's prior classification, and 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.
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ARTICLE 15
DURATION, MODIFICATION AND TERMINATION
This Agreement shall be effective as of the first day of the payroll period that includes October
1, 2017 and shall continue in full force and effect until the last day of the payroll period that ends prior
to October 1, 2020. 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 (1 day of
, 2017.
A'1TEST:
JL4.., tui-.
Rosemarie Call, City Clerk
ITY OF CLEARWATER
Approved as to form and correctness:
Pamela K. Akin, City Attorney
WITNESSES:
illiam B. Home II, City Manager
Countersigned:
—cteofrce t\-C.k4)f
George N. Cretekos, Mayor
COMMUNICATIONS WORKERS
OF AMERICA
Michael Head, Vice President, Local 3179
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