(AFSCME) 2021-2022 CBA.pdf

R-2021-327 12/01/2021 EMPLOYEE ORGANIZATION AGREEMENT between CITY OF HOLLYWOOD and HOLLYWOOD, FLORIDA, CITY EMPLOYEES LOCAL 2432 OF AFSCME, AFL-CIO...

R-2021-327 12/01/2021 EMPLOYEE ORGANIZATION AGREEMENT between CITY OF HOLLYWOOD and HOLLYWOOD, FLORIDA, CITY EMPLOYEES LOCAL 2432 OF AFSCME, AFL-CIO A.K.A. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES Local 2432 October 1, 2021 through September 30, 2022  ARTICLE 6 - MANAGEMENT RIGHTS Sec. 1: Except as provided in this Agreement, it is the right of the Employer to determine unilaterally the purpose of each of its constituent agencies; set standards of services to be offered to the public, and exercise control and discretion over its organization and operations. It is also the right of the Employer to direct its Employees, take disciplinary action for proper cause, and relieve its Employees from duty because of lack of work or for other legitimate reasons. However, the exercise of such rights shall not preclude Employees or their representatives from raising grievances, should decisions on the above matters have the practical consequence of violating the terms and conditions of this Agreement or any civil service regulation. 10  ARTICLE 7 - PAYROLL DEDUCTION OF DUES Sec. 1: On receipt of a lawfully executed written authorization from an employee, the City will deduct from the employee's pay the amount so specified by said employee, but not less than regular dues. Sec. 2: The Payroll Division will remit to the Union Treasurer such sums, bi- weekly, together with a list of employees for whom deductions were made. Sec. 3: Changes in the Union's membership dues rate shall be certified to the City, in writing, over the signatures of the authorized officer or officers of the Union, at least thirty (30) days in advance of the effective date of such change. Sec. 4: The City's remittance shall be deemed correct if the Union does not give a written notice to the City within two (2) calendar weeks after remittance is received of its belief, with reasons stated therefore, that the remittance is incorrect. Sec. 5: An employee may revoke, in writing, with thirty (30) days prior notice to the City and the Union, their authorization for dues or other deductions. Sec. 6: The Union will indemnify, defend and hold the City harmless against any claims made and against any suit instituted against the City on account of any check- off of Union dues. Sec. 7: When an employee has been suspended or discharged and subsequently returned to work, with full or partial back pay, or has been reclassified retroactively, the City shall, in the manner outlined in Section 1 above, deduct the Union membership dues that are due and owing for the period for which the employee receives back pay. Sec. 8: Upon request, the City shall provide the Union a list of all employees in the Bargaining Unit represented by the Union. This spreadsheet data file list shall contain the employee's name, telephone number, complete address, department where employed, employment status and designation, and whether the employee is a member or non-member. 11  ARTICLE 12 - LEADWORKER PAY Sec. 1: Employees given assignments by the Department or Division Head as leadworkers in responsible charge of a crew or work unit, consisting of at least two (2) employees other than the designated leadworker, will receive additional compensation in the amount of five (5%) percent above their adjusted base rate of pay. The Human Resources Division will conduct a study to determine the feasibility of whether a leadworker position should be created. This study will be done in conjunction with the appointment and will be completed within ninety (90) days. Sec. 2: Responsible charge shall be defined as having temporary supervisory powers and operating within the Chain of Command between the crew or work unit supervised and the immediate-supervisor of the Employee. Employees, whose duties and responsibilities normally include supervision, will not be covered by this section. Sec. 3: There shall be an equal opportunity to be assigned to leadworker status. Sec. 4: In no case shall leadworker appointment exist for more than ninety (90) days where a Civil Service Classification does not exist. Sec. 5: The parties agree that a classification for leadworker will be established where appropriate. The City agrees to create the appropriate classification, job description and pay grade. The position will be announced as "closed promotional" and filled from an eligibility list. 18  ARTICLE 14 - WORK SCHEDULING AND OVERTIME Sec. 1: The current normal workweek for all full-time employees shall consist of forty (40) hours per week. Under no circumstances will benefits/rights associated to full- time employees be reduced or modified if the workweek is altered. The normal workweek for all full-time employees shall consist of forty (40) hours per week, beginning with the employee's first regular shift. The normal workday shall consist of eight (8) or ten (10) consecutive hours of work in the twenty-four (24) hour period. The City may, through a written Letter of Understanding mutually agreed upon with the Union, create a work schedule for police telecommunication employees that will include twelve (12) hour workdays. The employer shall provide to the Union a list of all Bargaining Unit employees who currently work a ten (10) hour day. Sec. 2: The employer reserves the right to designate a change in the work schedule, weeks, days, hours and shifts of its employees; however no individual employee shall have his/her work schedule or day off schedule changed for the purpose of avoiding the payment of overtime, nor shall any changes in work schedule be made in an arbitrary or capricious manner. In any event, notice of not less than ten (10) working days shall be given to the affected employees and an authorized representative(s) of the Union. Upon the request of the employee or the Union, the employer agrees to meet and confer with the above referenced Union Official(s) and/or the employee. Should the City not comply with the notice requirements, and if appropriate, the above referenced meeting, the employee schedule will not be changed. Further, scheduling changes will not be used for disciplinary purposes. Sec. 3: Work schedules and regular days off can be changed to provide manning for any unforeseen emergencies. The parties mentioned above will be notified as soon as practicable. Sec. 4: The employer and the Union recognize that certain type of activities operating on a continuous basis require different treatment as to hours worked, and agree that in those instances, an eight (8) or ten (10) consecutive hour shift, including lunch period, and breaks per Article 19, may be allowed. In the Public Works Department, personnel assigned to beach maintenance will be permitted to operate in a flexible but not split shift 23 work schedule. In the Recreation Division, program supervisors and staff will be permitted to operate in a flexible but not split shift work schedule. Personnel assigned to ball field maintenance in Public Works will be permitted to operate in a flexible but not split shift work schedule for such events that occur sporadically. Employees assigned to the Police Department who are ordered to extended standby by the Court Liaison Officer, will receive one (1) hour of compensatory time at adjusted base rate of pay plus Enhancements, for such inconvenience. This section shall not apply if the employee is called into court during this period and callback pay is provided as in (Sec. 5). Sec. 5: An employee who is called into work outside his normal work schedule will be guaranteed a minimum of three (3) hours pay at time and one-half the adjusted base rate of pay plus Enhancements regardless of the number of hours worked during the work week. This does not apply in the case of scheduled overtime, or if the call-out occurs within one (1) hour of the start of the employee's normal work schedule. Sec. 6: Opportunities to work overtime will be distributed as equally as practicable among employees in the same job classification in the same work section and area starting with the most senior employee, provided the employees are qualified to perform the overtime work required. Overtime and compensatory time opportunities will be recorded and maintained. These records will be available for review by the Union and employees. If an employee establishes that he/she has not received his/her fair share of overtime opportunities, such employee shall have first preference to future overtime work. Sec. 7: Scheduling for overtime and holiday work in the Water/Waste Water Treatment Plant shall be assigned from a rotation list composed of qualified operators grouped by classification, provided a certified operator is on duty at all times, assigned to the Main Control Room. Qualified, certified supervisory personnel may be called upon, at the discretion of Management, for appointment to overtime or holiday work based upon the unavailability of employees with the Operator classification. Sec. 8: By mutual agreement between the employer and the employee involved, compensatory time at the appropriate rate may be granted in lieu of premium overtime pay. Such compensatory time may be accumulated up to forty (40) hours and is to be used within the one-hundred and twenty (120) calendar day period succeeding the date on which the overtime is worked. If a written request is received prior to or within one- 24 hundred and twenty (120) days after the date on which the overtime is worked, the compensatory time off shall, subject to management's responsibility to maintain efficient operations, be scheduled and granted as requested by the employee to be used within the 120 days. If the employer does not schedule the compensatory time in accordance with the employee's request, or at some other time mutually agreed to, prior to the completion of the one hundred and twenty (120) calendar day period succeeding the date on which the overtime is worked, the employee shall receive a payout at the appropriate rate of pay in lieu of paid time off. Sec. 9: Time-and-one-half (1-1/2) the employee's the adjusted base rate of pay plus Enhancements shall be paid for all work performed in excess of forty (40) hours of work in any work week. Paid holidays and paid vacation leave shall be considered as work performed for the purpose of counting forty (40) hours in any workweek. Paid or unpaid sick leave and compensatory time shall not count as work performed for the purposes of counting forty (40) hours in any workweek. Sec. 10: In no instance shall standby be involuntarily assigned to regularly scheduled days off. Sec. 11: Upon appropriate authorization, should it be required that an employee respond to a telephone conversation, in which substantive information is exchanged, that relates to an employee’s specific skills and ability, the employee will be compensated one (1) hour at the adjusted base rate of pay plus Enhancements. Sec. 12: The following provisions shall apply to Plant Operator I - Rotator and Plant Operator I Trainee - Rotator (Rotator): a. All Rotators shall be assigned to a two week work schedule, the schedule to be received one week in advance of the commencement of the schedule. b. No Rotator shall be scheduled to work and, pursuant to that schedule, will not work more than sixteen (16) hours in a twenty-four (24) hour period and not more than twenty-four (24) hours in a forty-eight (48) hour period. c. All Rotators shall have two consecutive days off. d. All Rotators who commence working a scheduled shift shall have the right to work that entire shift. 25  e. Article 14 Sec. 2 Work Scheduling and Overtime shall not apply to the modification of the work schedules of Rotators. f. Article 14, Sec. 5 regarding “calling employees to work outside their normal work schedules” shall apply to employees in the Rotator positions only after the Rotator has worked forty (40) hours in the specified work week. g. Article 46 – Shift Differential shall not apply to employees in the Rotator positions. Sec. 13: Employees assigned to the police department and beach safety may be required, at the discretion of their supervisor, to work mandatory overtime. Such mandatory overtime, if implemented, shall be based on reverse rotating seniority. 26  ARTICLE 20 - SICK LEAVE Sec. 1: Employees shall accrue up to eight (8) hours of sick leave for each month worked, pro-rated based upon paid hours worked each pay period. Sick leave shall be allowed to accrue without limit. Employees covered by this Agreement and serving a probationary period of employment may use accrued sick leave in the same manner as permanent employees. Sec. 2: Employees, in order to qualify for sick leave, must notify their supervisor of illness as soon as possible; but no later than one-half hour after the start of the scheduled shift, except in the event of an emergency. Those employees who relieve another employee, e.g. round-the-clock operations, must notify their supervisor at least one half-hour before the beginning of the shift. Such notification shall be made each day of absence by the employee or a responsible member of his/her household unless the employee is hospitalized, or under doctor's care. Sec. 3: Alternative uses of sick leave, for reasons other than illness, are as follows: A. If an employee has accumulated three hundred (300) hours of sick leave as of October 1st of any Fiscal Year, he or she shall have the option of converting the next forty (40) hours of accrued sick leave days to vacation leave. Requests to convert the next forty (40) hours of sick leave to vacation leave must be made to the employee's Division Head within the first work week following October 1st of each fiscal year. On September 30th, any unused, converted vacation leave shall revert back to sick leave. B. An employee shall have the option of converting a maximum of forty (40) hours of accrued sick leave days to personal leave per fiscal year, provided the employee will have at least 96 hours of accrued sick leave after this conversion. C. Sick Leave converted to Personal Leave shall be used for personal business and must be used in no less than four (4) hour increments, unless otherwise authorized by the employee’s supervisor. D. In order to qualify for Personal Leave pay, employees must submit a request for approval to their supervisor as soon as practicable, but not less than forty-eight (48) hours prior to the use of the Personal Leave. The minimum forty-eight (48) hour requirement 41 may be waived by the employee’s supervisor in the event of an employee emergency. The employee must provide proof of the emergency if requested. The City may cancel the use of Personal Leave due to an emergency declared by the City Manager. Sec. 4: The options chosen by all covered employees in 1980 shall remain in full force and effect, except as may be modified herein. Sick leave hours accrued and un- used as of October 1, 1994 shall be referred to as "Existing Hours". Employees who sepa- rate from employment with the City prior to October 1, 1994 with less than five (5) years of credited service shall receive no payment for "Existing Hours". Employees with five (5) or more years of credited service, who separate from employment with the City for any reason whatsoever, enter the "DROP" Plan, or Retire shall receive a payment equal to the product of the employee’s final adjusted base rate of pay plus Enhancements and "Existing Hours". Sec. 5: (a) On or after October 1, 1994, employees who terminate their employment with the City for any reason whatsoever, shall, in addition to any payment which may be due pursuant to Section 4 of this Article, receive a payment equal to the product of unused sick leave accrued as of October 1, 1994 ("New Hours"), the employee's final adjusted base rate of pay plus Enhancements in effect on their date of separation, and a payment percentage relating to the number of full years of credited service with the City. The table of percentages and credited service shall be: Service Accrued Sick Leave Payout Less than five (5) full years of credited service: 20% Five (5) or more full years of credited service, but less than ten (10) full years of credited service: 40% Ten (10) or more full years of credited service 70% (b) Effective March 5, 2014, except for any unit employees who had already accrued more than 1200 hours of sick leave on March 5, 2014 (whose sick leave payouts shall remain subject to Section 5(a), above), the table of percentages and credited service shall be changed to the following new levels set forth below, provided however, that the maximum number of accrued sick 42  leave hours that shall be eligible for payout at the employee's final adjusted base rate of pay plus Enhancements using the percentages set forth below not to exceed 1200 hours (e.g., an employee with 20 or more years of service with 1200 (or more) hours of sick leave shall be paid at 80% of 1200 hours, which would be 960 hours): Service Accrued Sick Leave Payout Less than five (5) full years of credited service: 20% Five (5) or more full years of credited service, but less than ten (10) full years of credited service: 40% Ten (10) or more full years of credited service, but less than twenty (20) full years of credited service: 70% Twenty (20) or more years of credited service: 80% Sec. 6: "Existing Hours" may be used only after an employee has used all "New Hours". The purpose of paid Sick Leave is to provide protection against the loss of wages by an employee for the necessary absence from duty on a scheduled work day due to illness suffered by the employee or illness in the employee’s immediate family that necessitates the employee’s absence from work. Attendance to an immediate family member at a hospital while undergoing serious medical attention shall be included under this provision. Sick Leave pay shall not be made for illness or injury incurred as a result of outside employment, intentional self-inflicted wounds, or the continuous use of drugs or alcoholic beverages (except for approved treatment) or injuries while committing a felony. For the purpose of this section, immediate family shall include, spouse, children, stepchildren, mother, father, grandparent, grandchildren, domestic partner (as defined by Broward County’s registration of domestic partners or any other county/state registration of domestic partners), and dependent mother-in-law or father-in-law. Employees absent from duty for a period of three (3) or more consecutive working days due to illness or injury may be required to submit a letter from their physician prior to their return, approving resumption of duties. The letter should be sent to the attention of the 43 Director of Human Resources. Those employees whom a Department Head has identified as abusing sick leave may be required to submit physician statements on a more frequent basis. Any employee who abuses sick pay benefits herein set forth or whose reasons for absence are falsified may be subject to disciplinary action. For purposes of this section, abusing sick leave benefits shall be defined as having incurred more than six (6) occurrences involving the use of Sick Leave during a Fiscal Year (October 1st to September 30th) Discipline may not be invoked if an employee can justify the absence with medical documentation. Medical documentation shall mean information provided by a certified physician providing detailed evidence of the employee’s inability to perform work during the absences and may be sent to the attention of the Privacy Officer in the Office of Human Resources. Sec. 7: Upon the death of an employee, any payments due pursuant to Section 4 or Section 5 of this Article shall be paid to the employee's beneficiary. If a beneficiary was not designated, then the payment shall be paid to the employee’s estate. 44  ARTICLE 26 - WORK RULES Sec. 1: All rules and regulations in effect on the effective date of this Agreement will remain in full force and effect for the duration of this Agreement unless modified in accordance with the provisions of this Article. Sec. 2: The City will issue a copy of the Rules and Regulations to each new employee, upon hire, who is subject to those Rules and Regulations. Each employee will provide written acknowledgment of his/her receipt of the Rules and Regulations and will be held accountable for compliance therewith. Sec. 3: In the event that the City wants to institute a new work rule or modify an existing work rule ("Proposed Rule"), the City may do so pursuant to the following procedure: a. The City shall provide a copy of the Proposed Rule to the Union. b. The Union may request, within 10 working days of receipt, to negotiate over the Proposed Rule if the Union claims that the Proposed Rule affects wages, hours of work and other terms and conditions of employment or has the practical consequence of violating this Agreement. c. If no request for negotiation is made within 10 working days from the time the Union receives the Proposed Rule, the Proposed Rule may be implemented by the City. d. If a request to negotiate is timely received with respect to a Proposed Rule, the City and the Union shall meet in an attempt to mutually agree upon the Proposed Rule. e. If the parties agree on the Proposed Rule, the rule will be implemented as agreed upon. f. In the event that the City and the Union fail to agree on a Proposed Rule, and providing the Proposed Rule meets the standards in paragraph b, the dispute shall go to arbitration. The arbitration shall be expedited and the arbitrator shall be requested and mutually agreed to, by both parties, to make a prompt award without a written opinion. If the arbitrator finds that the Proposed Rule violates the specific written terms of this Agreement or is unreasonable, then the Proposed Rule shall not be implemented. The 56 Proposed Rule shall not be implemented until after the arbitrator's award is received and then only if the City prevails. Sec. 4: There shall be a single set of Rules and Regulations applicable to all employees of the City. This shall not prohibit any department from adopting written operational procedures specific to the needs of that department. Written operational procedures established by any Department shall be distributed to all employees in that department. Each employee will be provided with the operational procedures and acknowledge in writing his/her receipt of such written operational procedures. Copies of departmental written operational procedures shall be provided to the Union. In the event of a conflict between written operational procedures and the single set of Rules and Regulations, the single set of Rules and Regulations will control. Sec. 5: The Rules and Regulations shall be amended to include the following: All employees who are arrested and/or convicted for a felony involving a violent crime, theft, and/or an offense requiring one to register as a sex offender have a duty to notify their supervisor and the Director of Human Resources within three (3) calendar days of the arrest and/or conviction. All employees must also notify their immediate supervisor and the Director of Human Resources within three (3) calendar days of any arrest and/or conviction for a misdemeanor and/or a felony that is directly related to their position of employment with the City. Failure on the part of the employee to notify their supervisor and Director of Human Resources as set forth above is grounds for disciplinary action, up to and including termination. Accrued leave may not be used for any time an employee is incarcerated. 57  ARTICLE 29 - GRIEVANCE PROCEDURE AND ARBITRATION Sec. 1: (a) The City and the Union have negotiated a grievance procedure to be used for the settlement of disputes involving the interpretation or application of the Agreement. Such grievance procedure shall have as its terminal step a final and binding disposition by an impartial neutral, mutually selected by the parties. However, an arbitrator or other neutral shall not have the power to add to, subtract from, modify, or alter the terms of the Agreement. (b) The Union may exercise its right not to process a grievance of a non-union member. Additionally, if the Union declines representation, any employee may elect to process a grievance over disciplinary actions without Union assistance. In such case, the Union will notify the member and the City and upon such notification, the City shall thereafter conduct all official communication directly with the aggrieved employee(s), with a copy to the Union including dates of any hearings. Nothing in this section shall prohibit the Union from participating at any grievance step when it deems it necessary to protect the integrity of this Agreement. Sec. 2: Any grievance defined as a claim reasonably and suitably founded on a violation of the terms and conditions of this Agreement, shall systematically follow the steps outlined below as the Grievance Procedure. Any grievance filed shall refer to the Article(s) of this Agreement alleged to have been violated, and shall set forth the facts pertaining to the alleged violation or violations and shall include the corrective action or actions requested by the aggrieved party. A grievance must be communicated in writing to the employer by the Union within fourteen (14) calendar days from the events giving rise to the grievance or as soon as might reasonably be known to exist, otherwise it is deemed to be waived. Step 1: The written grievance shall be presented to the Department Director or his/her designee. The grievance will be dated and signed by the Union representative, or the aggrieved employee if the Union is not processing the grievance. The Department Head or his/her designee shall acknowledge receipt of the grievance by stamping it with the date and time, with a copy to the Union. The Department Head shall, within seven (7) calendar days conduct a meeting between himself/herself, the 61 aggrieved employee(s) and/or the Union representative. The Department Head shall give the decision to the Union in writing, with a copy to the aggrieved employee(s), or the aggrieved employee if the Union is not processing the grievance, within seven (7) calendar days following the meeting date. Step 2: If the Union, or the aggrieved employee if the Union is not processing the grievance, is not satisfied with the decision rendered at Step 1, the Union, or the aggrieved employee if the Union is not processing the grievance, may, within seven (7) calendar days from the written decision rendered at Step 1, forward the written grievance to the office of the City Manager (stamped in with date and time). The City Manager or his/her designee shall meet with the aggrieved employee(s) and/or his/her Union representative(s) within seven (7) calendar days after receipt of the grievance. The City Manager or his/her designee shall furnish a copy of his/her decision, in writing, to the Union, or the aggrieved employee if the Union is not processing the grievance, within seven (7) calendar days after the meeting. Step 3: If the Union, or the aggrieved employee if the Union is not processing the grievance which challenges a disciplinary action against that employee (but not a contract interpretation grievance), is not satisfied with the decision rendered at Step 2, the Union, or the aggrieved employee if the Union is not processing the disciplinary grievance, may, within fourteen (14) calendar days from receipt of the City Manager's decision, submit the grievance to arbitration, by requesting a list of arbitrators from the Federal Mediation and Conciliation Service (F.M.C.S.) or the American Arbitration Association (AAA), the choice of agency within the discretion of the Union. Only the Union is authorized to take contract interpretation grievances to arbitration. The request shall seek a panel of eleven (11) names, and either party may request a second panel of names. The parties shall strike names alternatively from the list of names to select the neutral arbitrator. The award of the arbitrator shall be final and binding on all parties. Sec. 3: Rules for Grievances and Arbitration processing: (a) The grievance shall be submitted on an Official Grievance form. Attachments may be added, if needed. The City and the Union, or the aggrieved employee if the Union is not representing the employee, shall mutually agree in writing as to the statement of the grievance to be arbitrated before the arbitration hearing, and the arbitrator shall confine 62 his/her decision to the grievance submitted. In the event the parties are unable to agree on the statement of the grievance to be submitted to the arbitrator, then the arbitrator shall confine his/her consideration and determination to the written statement of the grievance at Step 1 and any defenses raised by the City. (b) Time limits at any step in the grievance process may be extended only by mutual written consent of the parties involved at that step. (c) A grievance not advanced to the higher step within the time frames provided shall be deemed permanently withdrawn as having been settled on the basis of the decision most recently given. Failure on the part of the employer or his/her designee to answer or meet within the time limits provided at Step 1 or 2 will cause the grievance to be considered resolved in favor of the grievant or the Union and all parties will abide by the "corrective action or actions requested" on the grievance form or attachments. (d) Notice that a grievance shall be advanced to the next point in the process shall be given by (a) hand delivery or (b) certified mail, return receipt requested or (c) in the case of notice to the Union by date stamping and depositing in the Union mailbox in the Human Resources Division. Hand deliveries will be documented by a date-stamped photocopy or by a dated signature of the recipient. Grievances delivered via certified mail shall be considered properly advanced as of their postmark, but shall not be considered to have been received by the next party until the actual date of delivery or date of refusal of delivery. Grievances deposited in the Union mailbox shall be considered properly advanced when date stamped, but shall not be considered received until picked up by the Union, as indicated by date stamp, with a copy to the City. The clock will start the day after delivery or pick up. (e) On-duty personnel called by the Union, or the aggrieved employee if the Union is not processing the grievance as a witness shall remain in pay status only during their normal duty hours while appearing at the hearing. Such personnel shall respond to subpoena on as-needed basis to minimize waiting time so as not to disrupt the operations of their department. Hearings shall be held in hearing rooms provided by the City, in City facilities at no charge to the Union. (f) The parties agree that in accordance with current practice, both the City and the Union, or the aggrieved employee if the Union is not processing the grievance, will have 63 the option of electronically recording (through audio or video tape) all steps of the grievance procedure as outlined in Section 2 above, including the arbitration hearings. Any party desiring a transcript shall bear the cost of such transcript unless both parties mutually agree to share said cost. (g) The arbitrator's bill shall be paid by the party that does not prevail. (h) All employees covered by this Agreement shall have no other right to utilize any appeal process, (specifically the Civil Service Procedure) other than the grievance procedure described herein. (i) The City shall furnish the Union with copies of grievances filed by non-Union members as soon as practicable but in no event less than two days prior to the initial meeting of the grievance procedure. (j) Grievances shall be settled as expeditiously as possible. 64  ARTICLE 30 - FAMILY AND MEDICAL LEAVE ACT / SPECIAL LEAVE / LEAVE OF ABSENCE WITHOUT PAY Sec. 1: FAMILY AND MEDICAL LEAVE ACT (FMLA): A. An employee who has worked with the City at least twelve (12) months and who has worked at least 1250 hours in the last twelve (12) months prior to the beginning date of the leave may be entitled to twelve (12) work weeks of unpaid, job-protected leave during a twelve (12) month period for specified family and medical reasons, as defined and controlled by the Family and Medical Leave Act of 1993 and U.S. Department of Labor FMLA Regulations, as may be amended from time to time. B. Eligible Reasons for FMLA Leave: 1. birth and care of a newborn child of the employee; 2. placement with the employee of a child for adoption or foster care; 3. care for an employee’s spouse (or registered domestic partner as defined by Broward County’s registration of domestic partners or any other county/state registration of domestic partners), parent, or child with a serious health condition (as defined by the FMLA); 4. serious health condition that makes the employee unable to perform the functions of the employee’s job; 5. exigency related to active duty military service by the employee’s immediate family member 6. up to twenty six (26) weeks of leave may be taken to care for a spouse, son, daughter, parent, or next of kin who is a member of the Armed Forces and who is undergoing medical treatment or who is medically unfit to perform military duties due to an injury or illness incurred while on active duty. C. Procedure An employee requesting FMLA is required to utilize all accrued leave benefits before becoming eligible for unpaid leave. Unless otherwise designated in advance by the employee, accrued leave shall be used/deducted in the following 65 order: sick, vacation, comp time, holiday, and blood time. Use of accrued leave will be counted as part of the family leave time entitlement. An employee is not entitled to accrue leave during any period of unpaid leave. Employees requiring the use of FMLA Leave must submit a FMLA application to their Department Head no later than thirty (30) days prior to the need for such leave unless it is an unforeseeable emergency. The City may automatically designate FMLA when an absence meets FMLA qualifications. 1. Leave may be requested on a continuous basis, intermittent basis or on a reduced work week schedule, if medically necessary. The employee must provide medical certification within fifteen (15) days of the date requested. The employee must attempt to schedule their intermittent or reduced leave so as not to disrupt the organization’s operations. The employee may be required to transfer temporarily to a position with equal pay and benefits that better accommodates recurring periods of leave or a reduced work schedule. 2. Upon returning from FMLA the employee is entitled to return to the same position held when the leave began or to a similar position with equivalent benefits and pay, unless the position would have been eliminated had the employee not been on leave. In such circumstances, the employee may apply for any other vacant position for which they are qualified. Should the leave continue beyond the twelve (12) work week period, reinstatement rights are at the discretion of the City. 3. An employee granted FMLA will continue to be covered under the City’s insurance plans under the same conditions and coverage as would have been provided if the employee had been actively employed during the leave period. However, if any part of the leave is unpaid, the employee must make payment arrangements for the benefit contributions that are normally deducted from their paycheck. 4. An employee who is absent from work for three (3) days or more, due to personal illness/injury, must provide Human Resources with a fitness-for- duty certification signed by their physician certifying their fitness to return 66  to work. If restrictions are listed, reinstatement will be at the discretion of the City. 5. An employee who fails to return to work on the date specified on the leave request form without receiving an extension in advance is subject to disciplinary action up to and including termination. Employees who do not return from FMLA leave must reimburse the City for the value of their health insurance premium payments made on their behalf during the duration of the leave, unless the employee is physically unable to return to work. Sec. 2: SPECIAL LEAVE: A. An employee who incurs a temporary medically disabling condition, not attributable to work, may upon written request be granted a Special Leave. The initial period for said Special Leave shall not exceed three (3) months. Upon further written request, the Department Head may extend such leave up to an additional nine (9) months. The total combined Special Leave shall not exceed twelve (12) months. Upon return, the employee shall present a letter from his/her physician stating that the employee is fit to return to full, unrestricted duty. B. This leave is available for an FMLA qualifying event, once the employee has used all available FMLA Leave, if applicable, as provided above. Once FMLA leave is exhausted, Special Leave may be approved for up to nine (9) months. The total of FMLA Leave and Special Leave shall not exceed twelve (12) months. C. An employee requesting Special Leave is required to utilize all accrued leave benefits before becoming eligible for unpaid leave. Employees will not receive holiday pay, or earn any accrued leave or pension benefits, or be entitled to any other benefits of employment other than health and life insurance (at the employee’s expense as stated in Section C. 3, above) while on any unpaid leave. 67  D. An employee who incurs such a temporary medically disabling condition during a probationary period may, at the discretion of the Department Head and City Manager, be granted a Special Leave as indicated above. If Special Leave is granted, the employee’s probationary period shall be suspended at that point. Upon the employee’s return to work, the probationary period shall be resumed so that the total number of months spent on special leave shall be spent in a probationary status and a full probationary period shall be served. Sec. 3: LEAVE OF ABSENCE: A. Upon written request, a leave of absence for a period not to exceed thirty (30) calendar days may be granted to an employee for any reasonable purpose by the Department Head so long as it does not hamper the efficient operation of the City and/or Department. B. Such leaves may be renewed or extended for a period up to sixty (60) calendar days, if requested, in writing, and approved by the City Manager or designee. The denial of a leave of absence under this section shall not be grievable. In certain circumstances, and at the sole discretion of the City Manager or designee, an employee may be allowed to use accrued paid leave while on a leave of absence. Sec. 4: No employee who is granted FMLA, Special Leave, or an Unpaid Leave of Absence may engage in work for profit during said leave without the express permission of the City Manager. 68  ARTICLE 38 - DISCIPLINARY ACTION Sec. 1: It is agreed that the most effective means of maintaining discipline is through the promotion of cooperation and sustained good working relationships. In those cases where specific corrective action becomes necessary, the disciplinary measures taken shall be for just cause and shall be progressive; however, in specific instances where warranted, severe disciplinary measures up to and including termination may be imposed without utilization of progressive procedures. Disciplinary action shall be administered in a manner that is fair and consistent. Sec. 2: (a) When an employee is called in by his/her supervisor for the purpose of an oral counseling or warning, the employee shall not be entitled to have a Union representative present. (b) When an employee is called in by his/her supervisor or higher authority to receive a written warning, written reprimand, or other notice of discipline to be administered, he/she shall be entitled, at his/her request, to have his/her a Union representative. (c) When the Union representative responds pursuant to an employee's request under (b) above, the Union representative shall only advise the employee of his/her rights under the Contract; the Union representative shall not interfere in the conduct of the meeting nor shall he/she question or raise questions to the supervisor or other higher management authority. (e) While the parties understand and agree that a performance evaluation is not a form of disciplinary action and is not grievable, except as provided for in Article 17, Section 6, they realize that at times the employee will be counseled, warned or reprimanded, in writing, to improve deficient job performance. To this end, the following procedure will apply: When the supervisor calls the employee in to review a performance evaluation that is less than satisfactory in whole or in part, he/she is to so advise the employee who shall then be entitled upon request to have the Union representative present; the Union representative shall not interfere in the conduct of the meeting nor shall he/she question or raise questions to the supervisor. Any employee whose discipline involves suspension, demotion or termination shall be notified that they will be called in for a 79 disciplinary session not later than midday of the previous day so that the employee may arrange for union representation if he/she so chooses. If an attorney will be representing the employee at the pre-disciplinary hearing, the hearing will be held within a reasonable period of time from receipt of the notice, provided that any time needed to accommodate a schedule conflict shall be excluded from the sixty (60) day rule provided in section 5 below. Sec. 3: The City agrees to furnish the Union with a copy of any written disciplinary action notice issued to any employee in the Bargaining Unit. Sec. 4: Employees shall receive copies of Performance Reviews (Evaluations), Statements and all disciplinary action at the same time the documents are filed in the Employee's personnel folder. Sec. 5: Discipline and/or counseling will be carried out in a manner which does not embarrass or humiliate the employee and shall be imposed by the City no later than sixty (60) days from the time the City, including immediate supervisors and any other supervisors and any other superiors in the employee’s chain of command outside of the Bargaining Unit, knew or should have known of the violation. Any imposition of discipline shall be within the aforestated 60 day rule regardless of the duration of time that it takes for the City to complete any and/or all investigation of the alleged violation(s). The 60-day rule in the aforestated paragraph shall be applicable to all City employees except those employed by the Police Department. Discipline imposed upon employees employed by the Police Department when the alleged violation is being investigated by Internal Affairs shall be imposed within ninety (90) days from the time the Police Department, including immediate supervisors and any other superiors outside of the Bargaining Unit in the employee’s chain of command, knew or should have known of the alleged violation. Any imposition of discipline shall be within the aforestated 90 day rule regardless of the duration of time that it takes for the Police Department to complete any and/or all investigations of the alleged violations. Discipline imposed upon employees employed by the Police Department which involve alleged violations which are not investigated by Internal Affairs but by another investigatory arm of the Police Department shall be imposed within 60 days from the time that the Police Department, including immediate supervisors and any other superiors outside of the Bargaining Unit in the employee’s chain of command, knew or should have 80 known of the alleged violation. Any imposition of discipline shall be within the aforestated 60 day rule regardless of the duration of time that it takes for the Police Department to complete any and/or all investigation of the alleged violations. Sec. 6: In disciplinary action appeals from discharge, suspension or demotion, if the action is reversed through an arbitration, then, all reference to the allegations, including but not limited to those contained in the Employee’s personnel file shall be boldly marked with the word “Rescinded” across the body of the writing/documents. Sec. 7: If an employee does not repeat the offense leading to a written reprimand, for a period of 12 months from the date of the written reprimand, then that written reprimand will not be used as the basis for a future disciplinary action unless a second offense occurs within the 12 month period. Sec. 8: Whenever the imposed discipline is in the form of a suspension without pay, the employee may elect to forfeit accrued vacation, blood, compensatory or holiday leave, if any, equal to the suspension, in lieu of the loss of pay; if the employee elects this option, such election shall be conditioned upon full waiver of any and all rights to appeal the suspension. Sec. 9: Employee suspensions will not be served until at least fourteen (14) calendar days after the final date of notification. If the employee chooses to appeal a suspension through the grievance and arbitration procedure, the suspension will be held in abeyance until the appropriate appeal process has been concluded. 81  ARTICLE 42 - SENIORITY Sec. 1: DEFINITION (a) Seniority as used herein is defined as the right accruing to employees through length of continuous service which entitles them to certain considerations and preferences as provided for in this Agreement. Seniority shall mean the length of continuous service an employee has with the City beginning with the date of hire. When there is a tie in City-wide seniority, the City will use the date stamp on the original application (for original appointment) for breaking the tie. (b) Probationary employees shall have no seniority rights. However, upon completion of an employee's probation, he/she shall be given seniority credit from his/her date of hire. (c) An employee's continuous service record shall be broken by voluntary resignation, lay-off, discharge for just cause and retirement. If an employee returns to work for the City in any capacity within five (5) years of date of leaving, his/her seniority date will be adjusted by the length of absence. (d) Employees on approved leaves of absence shall not be considered to have had a break in service. (e) There shall be no deduction from continuous service for any time lost which does not constitute a break in continuous service. Sec. 2: USE OF SENIORITY (a) Seniority will be used as provided in Article 14, Work Scheduling and Overtime, Article 28, Lay-Off and Recall, and Article 37, Vacations. (b) The following priority factors will apply when making routine permanent shift assignments and work schedules within a job classification, unless a particular work group within a division unanimously agrees to continue the existing practice: 1. Efficient operation of the Department. 2. Ability to perform the assignment. 3. Seniority in time in grade. 4. When factors "2 and "3" are relatively equal, seniority shall govern. 88  (c) Should a senior employee be excluded from a work schedule/shift assignment because of #1 or #2 of the above, the employee will be informed, if requested, in writing of the specific requirements. 89  ARTICLE 46 - SHIFT DIFFERENTIAL Sec. 1: Employees assigned to shiftwork where the majority of their work hours fall between 12 midnight to 8:00 A.M., shall receive an additional $0.80 per hour. Sec. 2: Employees whose shift is scheduled from 4:00 A.M. to 12 noon shall be given a shift differential of $0.80 per hour only for hours worked between 4:00 A.M. to 8:00 A.M. Sec. 3: Employees whose shift is scheduled from 12 noon to 8:00 P.M. shall be given a shift differential of $0.60 per hour only for hours worked between 4:00 P.M. and 8:00 P.M. Sec. 4: Employees assigned to shiftwork where the majority of their work hours fall between 4:00 P.M. and 12 midnight, shall receive an additional $0.60 per hour for all hours worked. Sec. 5: Employees whose shift is scheduled from 8:00 P.M. to 4:00 A.M. shall be given an additional $0.70 per hour. Sec. 6: The provisions of this section shall not apply to any employee who is called in to work non-shift overtime. Sec. 7: Employees who work in departments where a regular twenty-four (24) hour operation exists shall be paid as follows: 4-12 midnight or when the majority of hours assigned are between these hours shall be given an additional $0.60 per hour. 12 midnight – 8 a.m. or when the majority of hours assigned are between these hours shall be given and additional $1.00 per hour. Sec. 8: Shift differential pay shall not apply to employees in the positions of Plant Operator I – Rotator or Plant Operator I Trainee – Rotator. 96