MEMORANDUM OF UNDERSTANDINGMEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is entered into this Z6^ day of January,
2022, by and between the City of Clearwater ("City"), and Communications Workers of America,
Local 3179 ("Union").
WHEREAS, the City and Union are parties to a collective bargaining agreement ("CBA")
with a term covering October 1, 2020 through September 30, 2023; and
WHEREAS, the ongoing COVID-19 pandemic and related CDC isolation/quarantine
guidelines has lead to an increase in accrued leave usage for all employees; and
WHEREAS, pursuant to Article 8, newly hired employees must accrue vacation and sick
leave and start with zero hours of paid leave in those categories; and
WHEREAS, newly hired employees ordinarily cannot utilize floating holidays until sixty
(60) calendar days after the date of hire; and
WHEREAS, the CBA also provides that floating holidays are scheduled at the mutual
convenience of the employee and the respective Department, including specific authorization for
Department Directors to approve the use of floating holidays on less than forty-eight (48) hours
notice, in the discretion of the Department Director;
NOW, THEREFORE, the Parties agree that the above terms, recitals, and representations
are true and accurate and are incorporated herein by reference, and the Parties have further agreed
to clarify the CBA as follows:
1. The City, on behalf of its Department Directors, finds it convenient to allow Union
employees, under circumstances involving personal illness, to utilize floating holidays
immediately upon being hired and without waiting sixty (60) days.
2. The early use of floating holidays will be allowed only if the employee is unable to
work due to COVID quarantine required by City policy, COVID isolation required by
City policy, or personal illness, whether related or unrelated to COVID.
3. This MOU shall not become effective until the first day signed by both parties. Starting
on its effective date, any request to use floating holidays submitted prior to March 31,
2023, will be governed by this MOU.
4. Starting on its effective date, Union employees may prospectively or retroactively
request to use floating holidays. Any request for retroactive application must be
submitted on or before January 31, 2022, at 11:59pm. No exceptions will be made. A
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timely request for either prospective or retroactive application will be honored by the
City, if all of the following conditions are met:
a. The employee is utilizing the floating holiday(s) solely for one or more of the
purposes described in paragraph two (2) of this MOU.
b. The employee had floating holidays available and accrued on the day(s) to
which the floating holidays would be applied.
c. The employee did not work on those days.
d. The floating holiday(s) will not be applied to designated holidays such as
Martin Luther King Jr. Day.
e. The employee did not receive any other type of payment from the City, such as
vacation or sick leave, on the day(s) during which the floating holidays will be
applied.
5. After March 31, 2023, Union employees shall not be allowed to request the use of
floating holidays within the first sixty (60) days of employment, unless further agreed
to by the City, or granted by a Department Director in his or her discretion.
6. All other terms and conditions of the CBA will remain in full force and effect.
7. This MOU shall not create or establish a practice or precedent.
8. The parties agree that this MOU constitutes their final understanding and agreement
with respect to the subject matter hereof and supersedes all prior or contemporaneous
negotiations, promises, covenants, agreements, or representations concerning all
matters directly, indirectly, or collaterally related to the subject matter of this MOU.
IN WITNESS WHEREOF, the parties hereto by their duly authorized officials have made
and executed this Memorandum of Understanding as of the day and year first written above.
ON BEHALF OF THE CITY:
_mow- -t�,C'
Jon Jennings
City Manager
Date
ON BEHALF OF THE UNION:
Rice
President
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APPROVED AS TO FORM AND LEGALITY:
David Margolis
City Attorney
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