AGREEMENT 2023 - 2026AGREEMENT
between
CITY OF CLEARWATER, FLORIDA
and
COMMUNICATIONS WORKERS OF AMERICA, Local 3179
FISCAL YEARS
2023 — 2024
2024 — 2025
2025 — 2026
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. 6
Article 4 No Strike and Other Unlawful Acts 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 18
Paycheck Issuance 19
Article 8 Leaves of Absence 20
Designated Holidays 20
Floating Holidays 21
Vacation 23
Sick Leave 24
Funeral Leave 29
Line -of -Duty Injury 31
Military Leave 31
Jury Duty and Court Time 32
Administrative Leave 33
Leaves of Absence Without Pay 33
Other Time Off 34
Union Time 35
Child Care Leave 35
Light Duty & Return to Work 36
Vacation Buyback 36
ARTICLE # TITLE PAGE #
Article 9 Wages & Compensation 37
Salary 37
Overtime 39
Standby & Recall 40
Shift Differential 41
Acting Pay 41
Training Differential 41
Leadworker Pay 41
Assignment Pay Differential 42
Uniforms & Rain Gear 42
Certification Pay 43
Replacement & Repair of Tools/ASE Certifications 45
Training and Career Development 45
Travel and Mileage 45
Commercial Driver's License 45
Parking 46
Tuition Reimbursement 46
Article 10 Insurance 46
Article 11 Performance & Discipline 47
Article 12 Drug & Alcohol Policy 47
Article 13 Retirement 48
Article 14 Seniority, Layoff, and Recall 49
Seniority 49
Layoff 50
Article 15 Duration, Modification, & Termination 51
Appendix A Alphabetical Listing of Represented Classifications i
Appendix B Pay Range Tables vi
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.
1
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.
2
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 workforce 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;
3
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;
0. to establish productivity programs and employee performance standards including, but not
limited to, quality and quantity standards and to require that such standards be followed;
P. to maintain order and efficiency in its facilities and operations;
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. The Union shall be responsible for the collection and the record keeping of all dues taken
from the bargaining unit. The City shall not be responsible for the collection or record
keeping of all dues taken from the bargaining unit.
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.
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-
4
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.
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.
5
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. Nothing in this
Section 7 shall effect the City's Management rights under Article 3, Section 4.
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 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.
6
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.
7
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.
8
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
9
manner. Acting for the City, the City Manager or his/her designee shall, within 21 calendar days,
provide a written decision to the Union and/or grievant after the hearings have been held. If the
Union and/or grievant is not satisfied with the disposition of the grievance at Step 3, the grievance
may be submitted to arbitration.
Step 4 — Arbitration
A. Within 60 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 there from, 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
10
grievance procedure.
C. No record dealing with the processing of a grievance shall become a part of the personnel
files of individual employees; however, ultimate records of adverse actions against
employees may be included in personnel files.
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.
11
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. Employees will only be paid for hours worked and will not be paid for
hours scheduled, unless otherwise stated in this Agreement.
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 (30) minutes or sixty (60) 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 utili7e 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 Telecommunicator Trainee, Police Telecommunicator , Senior
Police Telecommunicator or Police Telecommunicator Supervisor shall be allowed to
12
combine their fifteen (15) minute paid rest periods in conjunction with the thirty (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.
Employees assigned to the Solid Waste Department Operations Division in the
classifications of Solid Waste Accounts Coordinator and Solid Waste Operations
Supervisor, shall be allowed to combine their fifteen (15) minute paid rest periods in
conjunction with the thirty (30) minute unpaid meal period to provide adequate break for
employees while not impeding the dynamic operational needs of 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.
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 (4), five (5), or six (6) days. Whenever practicable, each employee's
regularly scheduled work week will consist of two (2) 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 (1) 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 (48) 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.
13
G. 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.
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 fifteen percent (15%) 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 up to six (6) months from the date of the establishing
of the member's name on the appropriate list or until a new Eligibility List has been
14
generated. Bargaining unit members appearing on reemployment eligibility lists shall remain
eligible for reemployment for a period up to 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.
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 (2) 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. CWA employees shall receive
a 5% increase or brought to the minimum of the pay grade whichever is greater upon
promotion. If at the time of promotion an employee is receiving additional compensation
other than acting pay, the promotional rate of pay shall be established at the first rate of
pay in the pay range of the higher classification that represents an increase of 5% above the
employee's overall compensation at the time of promotion. However, under no
circumstances will the promotional base rate of pay exceed the established pay range
maximum of the higher level classification. No employee will be considered for a promotion
while under investigation or on a development plan.
15
J•
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. CWA
employees who are voluntarily or involuntarily demoted from one classification to a lower
level classification shall have their rate of compensation fixed at the rate of pay in the pay
range for the lower level classification that represents at least a 5% decrease in pay. An
employee who is selected for a voluntary demotion to a position as a trainee in an
established Public Utilities 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. Employee maintains his/her current annual performance
evaluation date in effect at the time of the demotion for determining eligibility for
subsequent merit pay increases.
Any employee who leaves the apprenticeship program shall be subject to an analysis of
rates, at the discretion of the City.
K. 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.
L. 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
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.
M. Probationary Periods
1. All persons initially employed, transferred, demoted, or promoted to, or within, the
bargaining unit shall have to serve a probationary period. During the probationary
16
period, management shall observe and review the employee's job performance,
attendance, attitude and adherence to Department and City requirements and such other
factors as in the City's determination are important factors to consider with respect to
continuing the employee in the position.
2. The probationary period shall consist of six (6) consecutive months or the equivalent
with the exception of the Police Telecommunicator Trainee/Police Telecommunicator
classification in which the probationary period is one (1) year. The City may extend such
probationary periods for up to three additional months.
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 (3) months; or shall have the right to be returned to the
employee's former position at any time up to five (5) work days following the completion
of the employee's first month probationary performance review if the position is
available; or may be re -assigned subsequent to five (5) 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 (5) 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 probationary employee who
does not successfully complete the probationary period may have his/her probationary
period extended for up to three (3) months, or shall be separated from employment.
4. Time served during a Temporary appointment in the same job class immediately
preceding regular employment status shall be credited as time served. Probationary
period will start when regular employment status begins.
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.
17
8. An employee who has been appointed to another position may voluntarily return to their
previous position within six (6) months of the appointment, subject to Department
Director approval and the previous position being vacant. This subsection 8 shall not
include involuntary appointments.
N. 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 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.
18
F. No employee shall be required to work more than 16 hours in any day, except in an
emergency. All employees must be available to report to work at any time before, during,
or after any designated emergency. This includes but is not limited to their assigned shift.
Employees must be prepared and available to work their entire shift and be prepared to
work any overtime hours as may be required under emergency conditions. Every effort
will be made to ensure that no employee is required to work more than six (6) consecutive
days without receiving twenty-four (24) continuous hours off-duty time. All employees are
subject to being called in to work on non-scheduled or non -duty days. Failure to return to
work as required may lead to discipline, up to and including termination. Any employee,
who has a personal situation which may prevent the required return to work, must receive
permission from the Department and Human Resources Director for the expected
absence prior to June 1 each year.
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 utili7ing such
facilities be compensable under workers compensation.
Section 4. Paycheck Issuance
All employees are encouraged to enroll in direct deposit. Paychecks will be issued bi-
weekly via direct deposit for employees enrolled in direct deposit. Paychecks will be issued bi-
weekly via pay card for employees not enrolled in direct deposits.
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.
19
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
Juneteenth Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
Note: Emergency, Temporary, temporary part-time, and other non -regular employees shall not
receive holiday pay.
1. Regular part-time employees shall be eligible to receive holiday pay at a prorated
amount based on 20% of the weekly average of the employee's annual budgeted hours.
2. When a City designated holiday falls on Saturday, the preceding Friday shall be
designated a substitute holiday and observed as the official holiday for the year for non -
shift employees. When a City designated holiday falls on Sunday, the following Monday
shall be designated a substitute holiday and observed as the official holiday for that year
for non -shift employees. All designated holiday pay considerations are applicable to the
designated holiday.
3. Designated holidays which fall on an employee's regularly scheduled work day shall
count as hours actually worked for the purposes of calculating overtime. The City shall
not arbitrarily adjust work schedules to preclude a designated holiday from falling on an
employee's regularly scheduled work day.
4. Employees who are required to work on a designated holiday shall receive time -and -
one -half their regular pay for all hours actually worked on the holiday plus holiday pay
at the employees' regular rate of pay.
5. An employee scheduled to work a designated holiday and who, without notice and valid
reason therefore, in the judgment of the City, fails to report for such work, shall forfeit
holiday pay as well as losing regular pay for the number of hours 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.
20
7. In order for an employee to receive holiday pay, the employee must work the regularly
scheduled workdays immediately preceding and following the designated holiday, unless
the absence has been approved and authorized in writing by the department. Employees
who are absent from work in a non -pay status (such as an employee receiving Workers'
Compensation who has exhausted the injury benefit and sick leave, leaves of absence
without pay, etc.) on either their regularly scheduled work day immediately preceding or
immediately following the designated holiday shall not be paid for holidays falling within
such periods.
8. If an employee calls in sick in accordance with established notification requirements
when scheduled to work on a designated holiday, the employee shall receive holiday pay
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 (3)
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
21
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.
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 sixty (60) calendar days after his/her
date of employment.
b) Any bargaining unit member employed between January 1 and March 31 shall receive
three (3) 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
(2) 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 (1) 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 payroll 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.
22
Section 2. Vacation
A. Vacation Accrual
Vacation Accrual for Employees
Years of Service Hourly Accrual Vacation Days
0-2 .0577 15
3 .0616 16
4 .0654 17
5 .0693 18
6 .0731 19
7 — and over .0770 20
B. Maximum amount of vacation leave that may be accumulated is 320 hours.
C. The vacation year shall be the payroll calendar year.
D. Vacation leave will accrue on a hourly 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 (6) calendar months prior to requesting the use of vacation
leave.
G. New employees who fail to complete six (6) calendar months of service are not paid for any
accrued vacation leave.
H. All employees must be granted a minimum of two (2) 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
23
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.
L. 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.
M. If service requirements permit, employees may, with reasonable notice and the approval of their
respective Department, use their accrued vacation in increments of quarter 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 shall accrue .0462 hours of sick leave on an hourly 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.
24
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., -37-1/2 hour work week to 40 hour work week).
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 (6) months after the date of resignation
or retirement or one (1) year after a layoff. Authorized leaves of absence, suspensions,
reinstatements after disability retirement or dismissal, and layoffs of less than one (1) 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 quarter 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
25
employees' absence will adversely affect operations. Employees shall be required to notify
their immediate supervisor or management representative to request approval for sick leave
each day that they are absent, except that an employee who has been approved for a
continuous FMLA absence only shall be required to comply with the reporting procedures
outlined in the City's FMLA Policy instead. Such notification requests shall be provided
through personal contact, except where the employee is able to demonstrate this is not
possible. Failure to obtain approval for sick leave from competent City authority shall result
in any such time being considered an unauthorized absence and in the denial of paid sick
leave.
Employees may voluntarily submit acceptable evidence such as a certificate from a
medical doctor to substantiate the reason for requesting Sick Leave, or they may be required
to do so when requested by their respective department director/designee if the employee
is absent from work for three consecutive work days or if the respective department
director/designee has reason to question the legitimacy of the absence. Certificates from
medical doctors for absences more than one week should be forwarded to the Human
Resources Department for recordkeeping and FMLA coordination. 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 payment will be made provided:
26
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 (65) years of age and has a minimum of ten (10) years
of service.
2. An employee who has been dismissed for cause shall have no claim for sick leave payment.
G. Injury from Other Employment
1. An employee may not utilize accumulated sick leave for absences resulting from an injury
arising out of and in the course of employment, other than City employment, for which
monetary or other valuable consideration is received or expected. Any employee who utilizes
accumulated sick leave, or who attempts to utilize accumulated sick leave, for absences
resulting from an injury arising out of and in the course of employment, other than City
employment, may face disciplinary action up to and including termination.
H. Use of Leave After Accrual
1. Employees may be authorized to use sick leave after it is accrued. The employee may be
required to submit acceptable evidence such as a medical certificate from a medical doctor
to substantiate the reason for requesting sick leave.
I. Sick Leave Incentive Days
1. Following a payroll calendar year, a full-time bargaining unit employee, who has been
employed full time for that entire year and has no unexcused absences and no more than two
(2) incidents of unexcused tardiness, will be awarded sick leave incentive 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. Sick leave incentive days must be used in
the next payroll calendar year. Part-time employees are not eligible for sick leave incentive days.
Amount of Sick Leave Used Sick Leave Incentive Days
Awarded
Less than one standard work day 2
One standard work day up to 1
two standard work days
27
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) Sick leave incentive days can only be used in full day increments and 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
incentive day balance, or if retiring may use such balance to advance the date of retirement.
J. Sick Leave Pool
1. A leave pool will be established by members of the bargaining unit subject to the following
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).
28
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.
i.) An employee using leave pool time shall receive regular base pay and his/her regular shift
pay. However, other pays shall not be provided with leave pool days (e.g., lead pay,
acting pay, special assignment pay, etc.). Pay for authorized pool days shall not be granted
for the first 15 work days of the absence necessitating leave from the pool. After 15 work
days of such absence, the employee shall be eligible to be paid retroactively for the first 15
work days, and shall thereafter be eligible to receive his/her regular pay for any remaining
pool days authorized.
j.) Pool leave time granted and not used in a given year by the employee receiving the donated
pool leave time shall remain with the leave pool and be carried over to the next year. No
donated pool leave time will be refunded to the donor.
Section 4. Funeral Leave
A. Employees shall be allowed up to four consecutive scheduled work days at 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.
Employees requesting funeral leave more than one (1) year after the death of the "immediate"
family member must obtain approval through the City Manager or designee.
"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 (4) 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.
29
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 (4)
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 (2) in a twelve (12) month period, or when the City has a
reasonable basis to contest the legitimacy of such requests. Authorized documentation for such
purposes shall include but not be limited to a certificate of death, obituary notice, memorial
card, note from the attending clergy, or documents verifying travel. Employees who request
more than two (2) funeral leaves in a twelve (12) month period shall be notified upon approval
of any additional funeral leave of the necessity to provide documentation to their respective
department on their return to work for the duration of the twelve month period.
E. Time Off to Attend Funerals on Personal Basis
1. Employees who wish to attend a funeral of a City employee or official or the family member
of such employee or official may request to utilize accrued vacation time, floating holiday
time, sick leave incentive day time, or may request to adjust their work hours within the
same workweek. Such requests may be made to the respective Division Head or
Department Director and may be approved by such authority. To the extent possible,
approval shall be granted; provided, however, it is understood that operational necessities
may preclude approval for a substantial number of employees.
2. An employee attending a funeral while using vacation time, floating holiday time, sick leave
incentive day time, or time off without pay is doing so on a personal basis and is not
recognized as a "City representative." If the employee leaves from work to attend the funeral
and/or returns to work after attending the funeral, all travel time shall be included in the
vacation time, floating holiday time, sick leave incentive day time, or time to be adjusted.
3. Employees utilizing funeral leave when such leave is based on the death of a covered family
member as provided by this Agreement shall be allowed time off with pay consistent with
provisions of Article 8, Section 4. However, such employees are deemed off duty while on
funeral leave.
30
Section 5. Line -of -Duty Injury
A. The term line -of -duty injury is an injury which occurs on the job only when said injury is
reported on the day of occurrence and when said injury incapacitates the employee from
performing his/her job because of the injury. The City shall have the right to require the
employee to have a physical examination by a physician of its choice prior to payment of any
compensation.
B. An employee may utilize accrued sick leave, however, the amount paid shall be only that amount
permitted to supplement funds received by the employee from the Florida Workers'
Compensation Law and any other disability or other income plan provided by the City, to the
point where the sum of all payments is equal to the employee's regular base pay at the time of
injury. At such time as the employee receives his/her initial workers' compensation payment,
the City shall allow the use of accrued sick leave up to the amount necessary, when combined
with the workers compensation payment, to equal the employee's base pay. Any adjustment to
pay under this policy will be made following the employee's return to work or at the expiration
of the period for which Workers' Compensation payments are provided under state law.
C. Should an employee become unable to perform the essential functions of his/her job due to an
on-the-job injury, the employee shall have the option of accepting a demotion or lateral transfer;
provided that an opening exists in the position to which he/she is demoted or transferred and
provided further that he/she is capable of performing the essential functions of that position.
The City shall have the right to require the employee to take a noncompetitive examination to
determine if the employee is capable of performing the essential functions of the position
he/she seeks to fill.
D. An employee with less than 12 months employment who is injured on the job and is eligible
for Workers' Compensation will not be charged sick leave for any medical appointments which
occur during scheduled work hours and have been approved by Risk Management.
E. The City may establish such reasonable reporting requirements as it deems necessary to insure
the application of the Workers' Compensation Law.
Section 6. Military Leave
A. Any employee who is a member of a Reserve Component or the National Guard and who is
required to participate in active or inactive training duty shall receive leave with pay for such
duty which falls on the employee's regularly scheduled work days up to a maximum of 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 and the Human Resources Department 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
31
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.
D. Eligible employees will be paid in accordance with Sections 115.09 and 115.14, Florida
Statutes.
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.
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
32
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. The City Manager may at
his/her discretion compensate employees, whose services are determined to be essential and are
required to work under such circumstances, at a premium 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.
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 (48) hours notice shall be
considered scheduled. Employees who are on previously approved leave are not eligible for
administrative leave with pay. Employees on administrative leave with pay are required to be
available during normal business hours.
4.
Nothing in this Section 8 shall effect the City's Management Rights under Article 3, Section
Section 9. Leaves of Absence Without Pay
A. Employees may take a medical leave of absence without pay for up to 12 weeks pursuant to the
eligibility requirements of the Family Medical Leave Act.
B. Upon the expiration of Family Medical Leave, an employee, who is unable to return to work
due to the same reasons as in subsection A, may take an additional thirty (30) day leave of
absence without pay, upon written request that is supported by medical documentation and
approval by the City Manager or designee. Prior to the expiration of the employee's thirty (30)
day leave of absence, the employee will be required to re -submit supporting medical
documentation, as well as written request for any additional leave, if necessary. Leave is subject
to the approval of the Department and the Human Resources Director. In no event shall the
additional medical leave of absence following the expiration of an employee's Family Medical
Leave exceed sixty (60) days.
C. Upon written request with supporting documentation, employees may take a non-medical leave
of absence without pay for up to thirty (30) days with the approval of the Department and the
33
Human Resources Director. If additional time is needed, the employee will be required to re-
submit the written request with supporting documentation every thirty (30) days for
approval. In no event shall a non-medical leave of absence be longer than sixty (60) days.
D. 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 restored to their original or an equivalent position with equivalent pay, benefits,
and other employment terms after returning from a leave of absence.
E. 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 (2)
weeks, the employee, if he/she desires to continue medical 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.
F. Leave of Absence employees will be required to use all remaining accruals prior to entering a
non -paid leave status.
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.
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.
34
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 fiscal 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.
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. Child Care Leave
In accordance with the Family and Medical Leave Act, eligible employees may take up
to twelve (12) weeks of unpaid, job -protected leave to care for a newborn child, newly -adopted
child, or child with a serious health condition. Eligible spouses who work for the City are subject
to the combined limitation of twelve (12) weeks as set forth in the Family and Medical Leave
Act.
35
Section 13. Light 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 light 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
thirty (30) calendar days and shall be limited to a maximum of one hundred eighty (180)
calendar days total. The employee's ability to return to his/her designated position and the
continued availability of the light or modified duty work shall be evaluated at each thirty (30) -
day interval. Requests for light or modified duty work shall be submitted on the appropriate
forms to the Human Resources Department. Employees designated for light 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 light 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 (12)
weeks in a twelve (12) month period, inclusive 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 a light 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 (12) weeks in a twelve (12) 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.
Section 14. Vacation Buyback
In each payroll calendar year, 40 -hour employees who have used at least 40 vacation hours may
receive up to 80 hours of regular pay in exchange for the same number of vacation hours. The
employee must maintain a minimum of 80 hours in their vacation bank after the exchange and
can only make one request per year. The employee must not have received any formal discipline
during that payroll calendar year and must receive at least Meet Standards on their annual
evaluation. The employee must make a written request to the Payroll Preparers on or before
November 15 to receive the requested hours of regular pay in the payroll period which includes
December 1.
In each payroll calendar year, 37.5 -hour employees who have used at least 37.5 vacation hours
may receive up to 75 hours of regular pay in exchange for the same number of vacation hours.
The employee must maintain a minimum of 75 hours in their vacation bank after the exchange
and can only make one request per year. The employee must not have received any formal
discipline during that payroll calendar year and must receive at least Meet Standards on their
annual evaluation. The employee must make a written request to the Payroll Preparers on or
36
before November 15 to receive the requested hours of regular pay in the payroll period which
includes December 1.
ARTICLE 9
WAGES & COMPENSATION
Section 1. Salary
See Appendix A — Alphabetical Listing of Job Classifications
See Appendix B — CWA Pay Range Tables
A. Pay Range minimums and maximums for all classifications represented by the bargaining unit
shall be adjusted by 2 % effective on the first day of the payroll period that includes October
1, 2023.
Effective on the first day of the payroll period that includes October 1, 2023, and prior to any
merit pay increase, bargaining unit members shall receive a longevity award based on the
number of consecutive years the bargaining unit member has been employed with the City
since their most recent date of hire. The amount of this award shall be based on the table
below.
Years of Employment
Annual Longevity
Award Amount
1
- 4
$250
5
- 11
$500
12
- 19
$750
20 & greater
$1,000
This Longevity Award shall be added to and considered a part of the employee's annual base
salary.
No part of this Longevity Award shall be applied that would result in an employee's annual rate
of pay exceeding the maximum annual rate of pay as provided in Appendix B.
Effective on the first day of the payroll period that includes October 1, 2023 to the last day of
the payroll period that ends prior to October 1, 2024, 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 8% 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. In no event shall the
adjustment to the minimum rate of pay and merit pay increase be more than 8% for contract
year October 1, 2023 thru September 30, 2024. Employees who are above the maximum
annual rate of pay as provided in Appendix B shall not receive any increases in pay.
37
The parties agree that this Article 9 may be re -opened upon the written request of either party
no later than June 1, 2024 for the purpose of negotiating adjustments to pay range minimums
and maximums, merit pay increases, longevity award, or other pay adjustments for bargaining
unit employees for the period, October 1, 2024 through September 30, 2025, and October 1,
2025 through September 30, 2026.
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.
Approved merit pay increases for full-time and part-time employees shall become effective as
of the employee's eligibility as described above.
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
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.
38
E. Employees in job classifications based on a 37.5 work week shall remain in the 37.5 work week
classification and be subject to the same rate of pay, schedule, benefits, and other emoluments
as provided to 37.5 -hour employees in this Agreement. However, a 37.5 -hour employee who
changes positions for any reason, including but not limited to transfers, promotions,
demotions, etc., will lose this grandfather status and will have a new rate of pay, schedule,
benefits, and other emoluments as provided to a 40 -hour employee in this Agreement.
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
leave, funeral leave, and other time not worked shall not count as hours worked for overtime
purposes. Designated City holidays, floating holidays, jury duty, and court time shall 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 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
39
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 $25.00 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
$50 Per Night
$70 Per Day
$80 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 (1) 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-quarter 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,
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 at
least eight (8) 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
40
to report timely, and employees not meeting said requirements may not volunteer for such
standby.
E. Any employee assigned to standby and who, during the period of such standby assignment, is
not readily available as required or who is or becomes unable to perform his/her work duties
shall be subject to discipline, except that an employee who becomes sick or injured and
immediately notifies his/her supervisor shall not be subject to discipline. The City may require
evidence in the form of an excuse from a medical doctor of such injury or illness.
Section 4. Shift Differential
Regular, full-time employees (other than those utilizing flex -time) shall be entitled to 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
utilizing 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 ten (10) consecutive work days shall receive acting pay retroactive to the day the
acting assignment began, subject to the approval of the Department Director and Human
Resources Director. The amount of pay shall be 5% higher than the employee's current base rate
of pay applied to all hours actually worked.
Section 6. Training Differential
Employees who are required to provide formal training to other employees outside of their
normal job duties, and who are designated "Trainers" with an established curriculum as determined
by the Department Director, will receive 5% above their normal base pay for any hours they are
assigned to act as trainers in a formal training capacity.
Section 7. Leadworker Assignment and Pay
A Department Director, with the prior approval of the City Manager or his/her designee,
may assign leadworker duties to a regular employee for such period of time as will, in his/her
opinion, serve the best interest of the City. Such assignment shall be made only when a small group
of workers are, in the normal course of their duties, regularly required to work at a time and/or
place without the degree of supervision which, in the judgment of the Department Director, is
conducive to efficient performance.
An employee assigned leadworker duties will be required to perform all the duties of his/her
regular position and additionally exercise primary layout and/or supervisory functions in relation
to other workers who are ordinarily classified the same as the leadworker, accepting commensurate
41
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 interpretation skill sets, shall be
eligible to receive $25.00 per payroll period for part-time employees and $50.00 per payroll
period for full-time employees in addition to the employee's current base rate of pay with
the approval by their Department Director.
D. Incumbents in the classifications of Industrial Electricians, Utilities Electronic Technician,
Utilities Mechanic, Utilities Maintenance Foreman, and Utilities Maintenance Supervisor
upon the effective date of this Agreement who are assigned to the maintenance of the Public
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
42
blend uniforms of at least 35% cotton to employees who are required to wear uniforms.
Polyester 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 torn or tattered as the result of normal wear and tear, but not for a
uniform that has been damaged due to the employee's abuse or negligence. The employee must
return the uniform as a condition for receiving a replacement.
B. The City will provide 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. Incumbents in the classifications of Fleet Mechanic, Mechanic Fabricator, Fleet Mechanic
Supervisor, Fleet Parts Specialist, and Warehouse Supervisor who obtain and maintain job-
related ASE certifications in accordance with standards established by the City shall receive
$0.50 per hour in addition to the employees' base rate of pay for each such certification
obtained and maintained up to a maximum of seven (7) such certifications. City fleet service
mechanics who obtain and maintain the required ASE certifications constituting the
designation of ASE Master in a City authorized module of study shall receive $5.00 per hour
in addition to the employees' base rate of pay in lieu of the individual certification pays
described above. The City agrees to pay the cost of the training and examination process for
each certification the first time employees attend such only. The City reserves the right to
determine the appropriate certifications that will be entitled to the additional compensation.
B. The classifications of Beach Lifeguard and Senior Beach Lifeguard 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.
43
The classifications of Aquatics Coordinator and Pool Lifeguard who obtain and maintain job
related Water Safety Instructor, Lifeguarding, or Emergency Medical Responder certifications
shall receive $0.25 per hour in addition to the employees' base rate of pay for each certification
up to a maximum of three (3) certifications.
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.
The table below establishes parameters within the current pay range to identify pay level in
relation to the license(s) held.
Licenses Held Starting Compensation
One (1) license $52,000
Two (2) licenses $54,000
Three (3) licenses $57,000
Four (4) licenses $60,000
D. Incumbents in the classifications of Water Distribution Operator and Water Distribution
Lead Operator , Water Distribution Foreman, and Water Distribution Supervisor 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 classification of Water Quality Technician who obtain and maintain job-
related Water Distribution Operator or Water Treatment Plant 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.
E. Police Telecommunicators, Senior Police Telecommunicators, and Police Telecommunicator
Supervisors, who are hired on or after October 1, 2022, shall receive a 3% increase to base pay
for each of the following training tasks successfully completed: (i) call -taker -training and
successful completion of the related state exam; (ii) information/CJIS terminal training; (iii)
dispatcher training.
44
Incumbent Police Telecommunicators, Senior Police Telecommunicators, and Police
Telecommunicator Supervisor, who were hired prior to October 1, 2022, shall receive 1.5%
increase to base pay for each of the training tasks, as listed in the previous paragraph, completed
as of October 1, 2022. Incumbent employees in these classifications will not be eligible for
further training -related adjustments.
Police Telecommunicators, Senior Police Telecommunicators, and Police Telecommunicator
Supervisors shall receive each training -related adjustment only once regardless of job
classification or adjusted amount.
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.
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.
45
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.
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 $2,500
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.
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.
46
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.
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 exclusive 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.
47
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.
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.
48
B. Special Bonus Days After 20 Years
Upon the completion of a total of 20 years (consecutive) service with the City, an employee
who was employed by the City prior to October 1, 1990, shall be entitled to begin
accumulating credit toward the awarding of bonus days for the purpose of early retirement
or a cash settlement only at the time of retirement which shall not exceed a total of 15
working days. No bonus days shall be provided to any employee hired by the City on or
after October 1, 1990.
The schedule for the accumulation of bonus days shall be as follows:
Upon completion of 21 years
Upon completion of 22 years
Upon completion of 23 years
Upon completion of 24 years
Upon completion of 25 years
service
service
service
service
service
Accumulate 1 day
Accumulate 2 additional days
Accumulate 3 additional days
Accumulate 4 additional days
Accumulate 5 additional days
Number of days which may be accumulated 15 days total
Section 6. 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, floating
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.
49
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.
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.
ARTICLE 15
DURATION, MODIFICATION AND TERMINATION
This Agreement shall be effective as of October 1, 2023 and shall continue in full force and
effect until September 30, 2026. 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.
This Agreement and the City's responsibilities under this Agreement shall terminate upon
decertification of the Union or the suspension or revocation of the Union's certification by the Florida
Public Employee Relations Commission.
IN WITNESS WHEREOF,
the parties hereto have set their hands and seals this
An EST:
OF CLEARWATER
day of
Rosemarie Call, City Clerk
Approved as to form and correctness:
David Margolis, City Attorney
WITNESSES:
er Poirrier, City Manager
rsigned: 44_,.
1111 i rAungst Sr i•.
COMMUNICATIONS WORKERS
OF AMERICA'
rgv
' ' ' restent, Local 3179
Ronald
51
APPENDIX A
Alphabetical Listing of Job Classifications
i
7
3728
Account Collector
3815
Accounting Technician
9
3660
Air Conditioning Technician
14
3365
Aquatics Coordinator
12
3340
Arborist
14
3362
Beach Lifeguard
9
3845
Billing Specialist
10
3645
Building & Maintenance Supervisor
18
3425
Building Construction Inspector
18
3423
Building Inspector Technician
14
3250
CAD & GIS Technician
14
3030
City Clerk Specialist
13
3445
Code Enforcement Inspector
15
3429
Combination Building Inspector
20
3615
Container Maintenance Worker
10
3245
Contracts & Procurement Specialist
13
3915
Custodial Worker
3
3840
Customer Service Representative
7
3850
Customer Service Specialist
11
3724
Customer Service Trainer
15
3410
Development Review Technician
12
3415
Development Review Trainee
7
3630
Electrical Supervisor
18
3885
Engineering Technician
14
3255
Environmental Code Enforcement Inspector
15
3700
Fire Apparatus Mechanic
16
3685
Fleet Buying Coordinator
18
3705
Fleet Mechanic
14
3680
Fleet Mechanic Supervisor
19
3690
Fleet Operations Trainer
15
3675
Fleet Parts Specialist
8
3740
Gas Operations Supervisor
21
3745
Gas System Specialist
19
3755
Gas Technician
11
3756
Gas Technician Apprentice
8
3059
Graphic Designer
15
3465
Industrial Electrician
17
3550
Industrial Pretreatment Inspector
16
i
APPENDIX A
Alphabetical Listing of Job Classifications
ii
16
3435
Inspections Specialist
3750
Lead Gas Technician
17
3305
Lead Parks Service Technician
13
3165
Lead Stormwater Technician
14
3319
Lead Streets & Sidewalks Technician
15
3495
Lead Wastewater Collections Technician
16
3538
Lead Water Plant Operator
20
3558
Lead Wastewater Treatment Plant Operator
20
3280
Library Assistant
5
4655
Library Page
2
3650
Licensed Electrician
16
3910
Maintenance Worker
5
3780
Marine Facilities Supervisor
16
3900
Marine Facility Operator
9
3695
Mechanic Fabricator
14
3722
Meter Reader
6
3187
Parking Attendant
2
3190
Parking Citation Assistant
7
3200
Parking Enforcement Specialist
9
3195
Parking Enforcement Supervisor
17
3205
Parking Marina Supervisor
17
3180
Parking Meter Technician
12
3175
Parking Operations Supervisor
17
3925
Parking, Facilities & Security Aide
5
3330
Parks Heavy Equipment Operator
12
3302
Parks Service Foreman
15
3300
Parks Service Supervisor
17
3309
Parks Service Technician
4
3825
Personnel/Payroll Technician
12
3655
Plumber
14
3120
Police Aide
5
3115
Police Office Specialist
9
3110
Police Property Clerk
8
3105
Police Property Supervisor
16
3100
Police Records Clerk
6
3095
Police Records Specialist
11
3090
Police Records Supervisor
16
3085
Police Telecommunicator
14
ii
APPENDIX A
Alphabetical Listing of Job Classifications
iii
18
3080
Police Telecommunicator Supervisor
3087
Police Telecommunicator Trainee
10
3370
Pool Lifeguard
5
3492
Public Utilities Wastewater Collections Foreman
18
3490
Public Utilities Wastewater Collections
Supervisor
21
3387
Recreation Coordinator
12
3380
Recreation Facilities Support Custodian
9
3392
Recreation Leader
5
3505
SCADA Specialist
20
3075
School Crossing Guard Coordinator
10
3726
Senior Account Collector
12
3813
Senior Accounting Technician
13
3360
Senior Beach Lifeguard
13
3875
Senior CAD & GIS Technician
16
3443
Senior Code Enforcement Inspector
17
3880
Senior Construction Inspector
18
3835
Senior Customer Service Representative
12
3405
Senior Development Review Technician
14
3752
Senior Gas Technician
14
3057
Senior Graphic Designer
17
3275
Senior Library Assistant
11
3720
Senior Meter Reader
10
3185
Senior Parking Attendant
6
3307
Senior Parks Service Technician
10
3082
Senior Police Telecommunicator
16
3385
Senior Recreation Coordinator
13
3390
Senior Recreation Leader
10
3610
Senior Solid Waste Worker
10
3167
Senior Stormwater Technician
12
3321
Senior Streets & Sidewalks Technician
12
3235
Senior Survey Assistant
12
3760
Senior Utility Dispatcher
9
3497
Senior Wastewater Collections Technician
14
3440
Sign Inspector
15
3665
Skilled Tradesworker
11
3595
Solid Waste Accounts Coordinator
12
3601
Solid Waste Boom Crane Operator
12
iii
APPENDIX A
Alphabetical Listing of Job Classifications
3600
r t
Solid Waste Equipment Operator
13
3591
Solid Waste Operations Supervisor
19
3592
Solid Waste Service Foreman
15
3590
Solid Waste Supervisor
19
3602
Solid Waste Technical Operator
11
3620
Solid Waste Worker
6
3800
Staff Assistant
7
3130
Storeskeeper
10
3150
Stormwater Foreman
16
3155
Stormwater Heavy Equipment Operator
12
3148
Stormwater Supervisor
20
3169
Stormwater Technician
8
3160
Street Sweeper Operator
12
3315
Streets & Sidewalks Supervisor
18
3323
Streets & Sidewalks Technician
8
3240
Survey Assistant
7
3230
Survey Crew Leader
15
3210
Traffic Engineering Assistant
12
3215
Traffic Operations Supervisor
18
3220
Traffic Sign & Marking Technician
12
3225
Traffic Signal Technician
14
3605
Transfer Station /Scales Operator
11
3345
Tree Trimmer
8
3480
Utilities Electronics Technician
16
3474
Utilities Lead Mechanic
16
3462
Utilities Maintenance Foreman
18
3460
Utilities Maintenance Supervisor
21
3475
Utilities Mechanic
14
3765
Utility Dispatcher
7
3670
Warehouse Supervisor
16
3500
Wastewater Collections Technician
8
3555
Wastewater Treatment Plant Chief Operator
22
3560
Wastewater Treatment Plant Operator A
18
3562
Wastewater Treatment Plant Operator B
16
3565
Wastewater Treatment Plant Operator C
14
3570
Wastewater Treatment Plant Operator Trainee
8
3512
Water Distribution Foreman
18
3515
Water Distribution Operator Lead
16
iv
APPENDIX A
Alphabetical Listing of Job Classifications
Water Distribution 0. erator
13
3520
3525
Water Distribution 0 • erator Trainee
8
3510
Water Distribution Su. ervisor
21
3535
Water Treatment Plant Chief 0 • erator
22
3540
Water Plant 0. erator A
18
3542
Water Plant 0 • erator B
16
3545
Water Plant 0 • erator C
14
3546
Water Plant 0. erator Trainee
8
3503
Water •uali Technician
14
3625
Welder/Manufacturer
13
Appendix B
C.W.A. Pay Range Tables
2080 Annual Hours
Salary Range
FY23/24 Annual Min*
FY 23/24 Annual Max
1
32,460.4800
36,023.1768
2
32,947.3872
37,824.4152
3
33,441.7200
39,715.8216
4
33,943.2132
41,701.3740
5
34,452.3972
43,786.6416
6
34,969.2720
45,975.8676
7
35,493.5724
48,274.6212
8
36,026.3592
50,688.7368
9
36,566.3064
53,222.9880
10
37,114.7400
55,884.2700
11
37,671.6600
58,678.1520
12
38,507.5704
61,612.0596
13
40,433.1876
64,692.8880
14
42,454.8072
67,927.5324
15
44,577.4680
71,323.9488
16
46,806.2088
74,890.0932
17
49,146.3336
78,634.4520
18
51,603.9420
82,566.0420
19
54,184.0728
86,694.4104
20
56,893.3560
91,029.1044
21
59,738.1564
95,580.7320
22
62,724.5736
100,359.6360
* In no event shall any employee make Tess than minimum wage per State Statute.
vi
Appendix B
C.W.A. Pay Range Tables
1950 Annual Hours
Salary Range
FY23/24 Annual Min*
FY 23/24 Annual
Max
1
30,431.7000
33,771.8940
2
30,888.1092
35,460.4224
3
31,351.6788
37,233.8148
4
31,821.8784
39,094.9884
5
32,299.2384
41,050.0428
6
32,783.7588
43,102.4256
7
33,275.1744
45,257.4408
8
33,774.5460
47,520.6576
9
34,281.0780
49,896.5844
10
34,795.3008
52,391.5860
11
35,317.2144
55,010.7012
12
36,100.8804
57,761.3556
13
37,906.0968
60,649.6488
14
39,801.2160
63,681.9456
15
41,791.2768
66,866.2020
16
43,881.0528
70,209.5784
17
46,074.7872
73,719.7656
18
48,378.5796
77,405.7804
19
50,797.7340
81,275.8440
20
53,337.5544
85,339.7688
21
56,004.4056
89,607.1020
22
58,804.3872
94,087.1256
* In no event shall any employee make Tess than minimum wage per State Statute.
vii