R2018-36 FPE Collective Bargaining AgreementRESOLUTION 2018-36
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING A COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE VILLAGE AND THE
FEDERATION OF PUBLIC EMPLOYEES AND AUTHORIZING THE
MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT ON
BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the prior Collective Bargaining Agreement between the Village and the Federation
of Public Employees, a Division of the National Federation of Public and Private Employees,
AFL-CIO ("FPE") expired on September 30, 2017; and
WHEREAS, the Village and the FPE have negotiated a new Collective Bargaining Agreement
effective upon ratification, and Village Administration recommends Council approval of the new
Collective Bargaining Agreement; and
WHEREAS, the Village Council determines that the approval of the new Collective Bargaining
Agreement is in the best interests of the Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby approves a new Collective Bargaining Agreement
between the Village and the Federation of Public Employees, a Division of the National
Federation of Public and Private Employees, AFL-CIO, a copy of which is attached hereto and
incorporated herein, and authorizes the Mayor and Village Clerk to execute the Collective
Bargaining Agreement on behalf of the Village. The Agreement shall be effective upon
ratification by both parties and shall expire on September 30, 2019.
Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to
the extent of such conflict.
Section 4. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 12' DAY OF AT
(Village Seal)
ATTEST:
VILLAGE CLEkk
AGREEMENT
BETWEEN
THE VILLAGE OF NORTH PALM BEACH
GLIA
FEDERATION OF PUBLIC EMPLOYEES,
A DIVISION OF THE NATIONAL FEDERATION OF PUBLIC AND PRIVATE
EMPLOYEES, AFL-CIO
From Ratification to September 30, 2019
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Table of Contents
ARTICLE 1 — PREAMBLE........................................................................................................... 5
ARTICLE 2 — RECOGNITION..................................................................................................... 6
ARTICLE 3 —
NON-DISCRIMINATION..................................................................................... 7
ARTICLE 4 —
MANAGEMENT RIGHTS....................................................................................
8
ARTICLE 5 —
VEHICLES, EQUIPMENT, SAFETY, HEALTH AND COOPERATION ........
10
ARTICLE 6 —
GRIEVANCE PROCEDURE ARBITRATION...................................................
11
ARTICLE 7 —
DISCIPLINARY APPEALS.................................................................................
14
ARTICLE 8 -
FITNESS FOR DUTY...........................................................................................
17
ARTICLE 9 —
FAMILY MEDICAL LEAVE..............................................................................
18
ARTICLE 10
— DUES DEDUCTION..........................................................................................
19
ARTICLE 11
— MILITARY LEAVE...........................................................................................
20
ARTICLE 12
— PAID VACATION.............................................................................................
21
ARTICLE 13- INSURANCE BENEFITS....................................................................................
23
ARTICLE 14
— WORKERS COMPENSATION.........................................................................
24
ARTICLE 15
— SENIORITY, SUBCONTRACTING, AND LAYOFF ......................................
25
ARTICLE 16 — TOOL REPLACEMENT.................................................................................... 26
ARTICLE 17 — SICK LEAVE..................................................................................................... 27
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ARTICLE 18 — LEGAL BENEFITS............................................................................................ 29
ARTICLE 19 — DRUG AND ALCOHOL TESTING.................................................................. 30
ARTICLE 20 — HOLIDAYS........................................................................................................ 32
ARTICLE 21
— BEREAVEMENT LEAVE.................................................................................
33
ARTICLE 23
— PREVAILING RIGHTS.....................................................................................
36
ARTICLE 24
— SEVERABILITY CLAUSE...............................................................................
37
ARTICLE 25
— NO STRIKE........................................................................................................
38
ARTICLE 26
— CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES..
39
ARTICLE 27
— TARDINESS.......................................................................................................
40
ARTICLE 28
—PROBATION.......................................................................................................
41
ARTICLE 29
— FEDERATION RIGHTS AND PRIVILEGES ..................................................
42
ARTICLE 30
— WORK ASSIGNMENTS...................................................................................
44
ARTICLE 31
— OFF-DUTY EMPLOYMENT............................................................................
45
ARTICLE 32
— POLITICAL ACTIVITY AND VOTING..........................................................
46
ARTICLE 33
— EDUCATION, TRAINING, AND PROMOTIONAL OPPORTUNITY ..........
47
ARTICLE 34
— PENSION PLAN................................................................................................
48
ARTICLE 35 — WAGES.............................................................................................................. 49
ARTICLE 36 — MISCELLANEOUS........................................................................................... 51
ARTICLE 37 — CALL-BACK/EMERGENCY COMPENSATION ........................................... 52
ARTICLE 38 — CERTIFICATION INCENTIVE........................................................................ 53
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ARTICLE 39 — TERM OF AGREEMENT.................................................................................. 54
SIGNATUREPAGE.................................................................................................................... 55
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ARTICLE 1— PREAMBLE
This Agreement is entered into by the VILLAGE OF NORTH PALM BEACH, State of Florida,
hereinafter referred to as the "VILLAGE", and the FEDERATION OF PUBLIC EMPLOYEES,
A DIVISION OF THE NATIONAL FEDERATION OF PUBLIC AND PRIVATE
EMPLOYEES, AFL-CIO, hereinafter referred to as "FEDERATION", for the purpose of
promoting harmonious relations between the VILLAGE and the FEDERATION, to establish an
orderly and peaceful procedure, to settle differences which might arise and to set forth the basic
and full Agreement between the parties concerning wages, benefits, and other conditions of
employment as provided by law.
All reference to Village means the Village of North Palm Beach
All reference to Village Manager means the Village Manager or designee.
All reference to day means calendar day, unless otherwise specified in this agreement.
All reference to member(s) means dues paying bargaining unit member(s)
All reference to employee(s) means bargaining unit member(s) regardless of dues paying status.
All reference to business day (s) means Monday through Friday excluding holidays in all articles
in this agreement.
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ARTICLE 2 — RECOGNITION
Section 1: The VILLAGE hereby recognizes the FEDERATION as the exclusive bargaining.
representative for all regular full-time paid Employees in the unit certified by the Public
Employees Relations Commission Number 1537, case number EL -2004-067, dated February
4, 2005.
Section 2. FEDERATION recognizes the VILLAGE Council as the elected representatives
of the citizens of the VILLAGE of North Palm Beach and the legally constituted authority
responsible for the determining the purpose, mission and operations of the VILLAGE.
Section 3. FEDERATION recognizes the Village Manager as the Chief Executive Officer of
the Village responsible for administration of the Village and the employee workforce.
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ARTICLE 3 — NON-DISCRIMINATION
Section 1. The VILLAGE and the FEDERATION agree that all articles of this Agreement
shall be applied to all employees covered by it and that the VILLAGE and the FEDERATION
affirm their joint opposition to any discriminatory practice in connection with employment,
promotion, or training, remembering that the public law and public interest require no
discrimination on account of race, color, creed, disability, national origin, age, sex, or religion.
Employees have an affirmative duty to report conduct that has the appearance of being
discriminatory.
Section 2. Employees shall have the right to join the FEDERATION, to engage in lawful
union activities for the purpose of collective bargaining, to express and communicate any view,
grievance, complaint or opinion, within the bounds of good taste, relative to conditions or
compensation of public employment or its betterments, all free of any restraint, coercion,
intimidation or reprisal against any covered employee or that person's membership or lack of
membership in the FEDERATION, as long as such activity is done outside of the employee's
work time.
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ARTICLE 4 — MANAGEMENT RIGHTS
Section 1. Except as otherwise limited by a provision of this Agreement, the VILLAGE
reserves and retains exclusively all of its responsibilities and authorities to operate and manage
its affairs. The rights of the VILLAGE through its management officials, shall include, but not
be limited to, the following:
A. To manage and direct the Employees of the VILLAGE.
B. To hire, promote, transfer, schedule, assign and retain employees in positions with
the VILLAGE.
C. To suspend, demote, discharge or take other disciplinary action against
Employees for just cause.
D. To relieve Employees from duties because of lack of work, fiends or other
legitimate reasons.
E. To maintain the efficiency of the operations of the VILLAGE.
F. To determine the methods, means and personnel by which such operations are to
be conducted.
G. To determine the organization of VILLAGE government.
H. To determine the number of Employees to be employed by the VILLAGE.
I. To determine the number, types and grades of positions or Employees assigned to
an organization unit, department or project.
J. To determine internal security practices
Section 2. If, in the discretion of the VILLAGE Manager or designee, it is determined that a
civil emergency condition exists, including, but not limited to, riots, civil disorders, hurricane
conditions or other catastrophes, the provisions of the Agreement may be suspended by the
VILLAGE Manager or designee, during the time of the declared emergency, provided that wage
rates and monetary fringe benefits shall not be suspended.
Section 3. Delivery of municipal services in the most efficient, effective and courteous
manner is of paramount importance to the VILLAGE of North Palm Beach and FEDERATION
accordingly, FEDERATION agrees that it will ask its members to work diligently in order that
the services performed meet the above standards.
Section 4. FEDERATION does not waive, and retains the right, to request impact bargaining
when appropriate. A request for impact bargaining shall be in writing delivered to the Village
Manager, shall identify negotiable effects upon employees' terms and conditions of employment,
and shall list the Articles of this Agreement which the FEDERATION requests be opened for
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impact bargaining. Conversely, the Village does not waive any management right provided to it
in Chapter 447, Florida Statutes.
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ARTICLE 5 — VEHICLES, EQUIPMENT, SAFETY, HEALTH AND COOPERATION
Section 1. Both parties agree that it is to their mutual interest and to the best interests of both
the Employer and the Employees if working conditions in the VILLAGE are both safe and
sanitary. Additionally, both parties recognize the need to develop a safe work force. To this end
the FEDERATION agrees to report to the Employer any unsafe conditions existing in the
VILLAGE at any time during the term of this Agreement and the FEDERATION further agrees
to cooperate with the Employer in the Employer's efforts to rectify any such situation.
Section 2. Any dangerous situation is to be reported immediately to the foreman. All
accidents are to be reported immediately to the foreman. Job-related accidents are to be covered
by Worker's Compensation Insurance.
Section 3. Use of Private automobile — In the event an employee (if authorized and directed
in advance) uses his/her own automobile for the performance of official duties on behalf of the
VILLAGE, the employee will be compensated at the rate established by the VILLAGE for all
VILLAGE employees.
Section 4. Any Employee who abuses assigned vehicles(s) or equipment shall be subject to
disciplinary action up to and including discharge.
Section 5. Department heads will determine the proper and necessary safety equipment and
devices for Employees engaged in work where such special equipment and devices must be used.
Failure by Employees to utilize provided equipment or devices will be subject to disciplinary
action. Equipment will be provided when needed to facilitate the handling of large trash
requirements as determined by management.
Section 6. In the event that the FEDERATION has any concern regarding workplace safety,
the FEDERATION may request, twice per year, a meeting with the VILLAGE to discuss such
concern. A meeting shall be held within a reasonable time of the request.
Section 7. Once an employee reports any faulty or unsafe equipment/vehicles to his/her
supervisor and the employee is instructed to use the same equipment/vehicle without being
repaired or replaced, the employee shall not receive discipline related to an accident where the
same vehicle/equipment was found to be the cause of the accident or incident.
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ARTICLE 6 — GRIEVANCE PROCEDURE ARBITRATION
Section 1. A grievance is defined as, and is limited to, any dispute involving the
interpretation or application of this Agreement. A dispute over disciplinary action is not a
grievance, but is considered an appeal of disciplinary action and shall be processed as set forth in
Article 7.
Section 2. For the purpose of this Article any grievance not submitted in accordance with the
time limits provided below shall be considered exclusively abandoned and shall be barred,
forfeited and forever foreclosed for all contractual purposes and shall result in the forfeiture of
all rights to arbitration. Any grievance not answered or processed by the Village within the time
limits provided below shall advance the grievance to the next step in the process.
Section 3. In the event an employee covered by this Agreement believes that there is a basis
for a grievance, as that term is defined above, the employee shall first discuss the alleged
grievance with the FEDERATION. If the FEDERATION determines that the issue warrants a
formal grievance, the FEDERATION may file a formal written grievance using the
FEDERATION's grievance form. The form shall be filed with the Village Manager within
twenty (20) days of the act or omission which gives rise to the grievance or from the date the
employee first knew or should have known of the event leading to the grievance. The form may
have a provision which allows the FEDERATION, at its option to request a meeting with the
Village Manager or the FEDERATION may request the meeting by other writing. The Village
Manager shall forward a copy of the grievance form to the Department Head. The Village
Manager shall meet with the FEDERATION to discuss the grievance if the FEDERATION has
elected to request a meeting. Within twenty (20) days after the date of receipt of the grievance or
of the meeting with the FEDERATION, if one was requested, the Village Manager will respond
to the FEDERATION in writing or by email.
If the FEDERATION is not satisfied with the response from the Village Manager, the
FEDERATION may submit the grievance to arbitration filing a request for a seven (7) name
arbitration panel to the Federal Mediation and Conciliation Service. The submission must be
made within thirty (30) business days (days the Village Clerk's Office is open to the public for
business) of the date of the Village Manager's letter and email to the FEDERATION, as
evidenced by actual filing with the Federal Mediation and Conciliation Service. The parties shall
select an arbitrator by each striking three (3) names in alternating fashion, until the parties select
an arbitrator. The party striking first shall be determined by the toss of a coin. The selection
process shall occur within thirty (30) days of receipt of the panel list.
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Section 4. The time limits contained herein are to be strictly adhered to and may only be
extended by written agreement (including email requests coupled with a written affirmation)
between the parties. No consent to extension shall be implied by the conduct of the parties in the
absence of a written or email agreement.
Section 5. The arbitrator will determine the statement of the grievance, provided, however, that
the arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter
or supplement this Agreement or any part thereof or amendment thereto. The arbitrator shall
have no authority to consider or rule upon any matter which is stated in this Agreement not to be
subject to arbitration or which is not a grievance as defined in this Article, except to the extent as
specifically provided herein or expressly agreed to by the parties.
Section 6. The arbitrator may not issue declaratory opinions and shall confine himself
exclusively to the question(s) presented to him, which question(s) must be actual and existing.
Section 7. Each party shall bear the expense of its own witnesses and of its own
representatives for the purposes of the arbitration hearing. The impartial arbitrator's fee and
related expenses and expenses of obtaining a hearing room, if any, shall be equally divided
between the parties. Any person desiring a transcript of the hearing shall bear the cost of such
transcript unless both parties mutually agree to share such costs.
Section 8. The arbitrator's award shall be final and binding on the parties.
Section 9. The FEDERATION will not be required to process the grievance of non-
members. Only the FEDERATION can advance a grievance to arbitration for one of its
members. Members may not advance a grievance to arbitration on their own.
Section 10. The parties agree that the settlement of any grievance by the parties prior to a
decision by an arbitrator shall have precedential value unless the parties agree otherwise, in
which case their settlement shall state.
Section 11. When arbitrability is raised by the Village with respect to any grievance, the issue
of arbitrability shall be determined by the arbitrator no less than thirty (30) days prior to
commencement of arbitration hearing on the grievance itself.
If the Village does not agree that the matter is arbitrable, notification shall be sent to the
FEDERATION of such within ten (10) days of receipt of the FEDERATION'S request to
proceed to arbitration. The parties agree that in such an instance, the Village may submit solely
the question of arbitrability either to an arbitrator or to a court. If the arbitrability issue is
submitted to an arbitrator, the decision shall be based solely on written briefs, exhibits and
affidavits submitted by the parties, with no oral argument allowed; and shall be submitted to the
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arbitrator within ten (10) days of selection of the arbitrator. The arbitrator shall render the
decision on arbitrability within fifteen (15) days of receipt of the parties' submissions.
Whichever party loses on the issue of arbitrability shall pay the arbitrator's costs involved in that
portion of the proceeding.
Section 12. If there is no objection by either party to the arbitrability of the grievance, and the
above mentioned procedure has been fully complied with or results in a determination that the
grievance is arbitrable, the parties shall proceed to arbitrate the grievance.
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ARTICLE 7 — DISCIPLINARY APPEALS
Appeals of disciplinary action shall be handled as follows:
Section 1. An employee, who wishes to challenge any disciplinary action, shall file a notice
of appeal to his/her department head. When an employee has received a written counseling, the
employee's appeal is limited to submitting a written rebuttal which shall be attached to the
written counseling documents in the employee's personnel file. The written rebuttal shall be
submitted by the employee within ten (10) days of the employee's receipt of the written
counseling.
Section 2. The FEDERATION may file an appeal of discipline on behalf of its members.
Upon receipt of a notice of appeal for all discipline other than a written counseling, the
department head shall have ten (10) days to review the discipline and to advise the
FEDERATION that the discipline is either (i) sustained; (ii) reversed; or (iii) modified. Failure
of the department head to respond within ten (10) days shall constitute a determination that the
discipline is sustained.
Section 3. If the FEDERATION is not satisfied with the department head's decision,
FEDERATION can further appeal a discipline to the VILLAGE Manager. Upon receipt of a
notice of appeal, the VILLAGE Manager shall have ten (10) days to review the discipline and to
advise the FEDERATION that the discipline is either (i) sustained; (ii) reversed; or (iii)
modified. Failure of the VILLAGE Manager to respond within ten (10) days shall constitute a
determination that the discipline is sustained. The decision of the VILLAGE Manager shall be
final unless appealed as hereinafter set forth.
Section 4. The FEDERATION can appeal the VILLAGE Manager's decision on a
suspension of sixteen (16) hours or more without pay, to arbitration using the same procedure for
appointment of an arbitrator as set forth in Article 6 above. The decision of the arbitrator shall be
made within thirty (30) days following the conclusion of the hearing or the deadline for closing
briefs, whichever is later. The arbitrator may sustain, reverse, or modify the discipline, which
was set by the VILLAGE Manager. The decision of the arbitrator is final and binding on the
parties.
Section 5. No employee shall be subject to discipline of any type without cause. No
employee shall be subject to a suspension without pay or a termination without first being
afforded a pre -determination conference with the VILLAGE Manager or his/her designee. No
pre -determination conference shall be conducted with less than three (3) days notice to the
employees.
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Section 6. The parties agree that the seven elements of a just cause discipline are:
A. There is a reasonable rule, order, or a standard of conduct related to the orderly, efficient
and safe operation of Village business which has been violated. Some standards of
conduct, such as the prohibition of fighting on the job, are so obvious as to not require a
written rule.
B. The Village either gave notice that violation of the rule or order would result in discipline
or the conduct which is in violation of the rule or order is so obviously inappropriate that
no warning is necessary. (Examples: consuming alcohol on the job or the need for an
employee to perform safety inspections of the equipment they use.)
C. An investigation of the alleged violation.
D. The investigation is fair and objective.
E. The investigation uncovers proof or evidence of the violation.
F. The rule or order is equally applied and without discrimination.
G. The degree of penalty is reasonably related to the seriousness of the violation.
Section 7. In every disciplinary appeal the Federation must identify the element of a just
cause discipline which the Federation asserts has not been met and a brief explanation of why the
element has not been satisfied.
Section 8. Progressive Discipline
Progressive discipline action will be administered in most cases, subject to the specific facts of
the employee act or omission under review. Notwithstanding this general recognition of the
principles and benefits of progressive discipline, the Village may deviate from progressive
discipline when the Village Manager determines that the interest of the Village operations and/or
public confidence warrants more serious discipline.
The following are the general progressive steps of discipline:
Verbal Warning
Written Warning
Suspension
Termination.
The first two steps (Verbal Warning and Written Warning) are intended as corrective and
instructive steps and not punitive, but can be used to in the context of establishing the first two
elements (Section 6 A and B above) of just cause discipline. Steps may be skipped when
circumstances warrant more rapid progression. In determining the appropriate level of discipline,
past disciplinary action must be taken into consideration. In the consideration of past discipline
these general rules apply:
• the older a discipline is, the less weight it will have;
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• several disciplines over a short period of time have greater weight than a few disciplines
over an extended period of time.
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ARTICLE 8 - FITNESS FOR DUTY
An employee is expected to perform essential job functions in a safe and effective manner, and
to discuss with his/her supervisor any circumstances that may impact his/her ability to do so. The
Village may require professional evaluation of an employee's physical, emotional or mental
capacities to determine his/her ability to perform essential job functions. Such evaluations are
conducted by an independent, licensed health care professional. To the extent allowed by law,
the Village will protect the confidentiality of the evaluation and the results.
Employees who have the responsibility for on-call shifts must meet the fitness for duty standard
during the entire on-call period.
Non-compliance with a request for a fitness for duty evaluation shall be cause for disciplinary
action.
The employee's satisfactory work performance is the basis for continued employment.
Participation in a treatment or rehabilitation program does not guarantee continued employment
and may not necessarily prevent disciplinary action for violation of Village policies. An
employee must comply with all treatment recommendations resulting from a fitness for duty
evaluation to be allowed to return to work. During this time, applicable sick leave policies shall
apply. An employee referred for an evaluation will be prohibited from working or appearing for
work until an evaluation is completed and the employee has been approved to return to work.
Sick and vacation time may be used by the employee when available. When available leave time
is exhausted, the employee will be on unpaid leave.
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ARTICLE 9 — FAMILY MEDICAL LEAVE
The rights and benefits regarding family medical leave are as set forth in the Village Leave
Policy attached as Appendix A).
The VILLAGE may require an employee who is returning to work following family medical
leave taken for the employee's own serious medical condition to submit to a fitness for duty
evaluation conducted by a VILLAGE appointed doctor. The evaluation shall be job-related,
limited to the particular health condition that caused the employee's need for leave, and shall be
paid for by the VILLAGE. The VILLAGE shall not delay the return for work (provided the
employee has already provided his/her own doctor's certification of fitness) while the
VILLAGE'S evaluation is pending.
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ARTICLE 10 — DUES DEDUCTION
Section 1. Employees covered by this Agreement may authorize payroll deductions for the
purposes of paying dues. Requests for same must be in writing on a form clearly indicating that
the member wishes to have FEDERATION dues deducted from his/her paycheck. No
authorization shall be allowed for payment of initiation fees, special assessments, fines, penalties
or delinquent dues.
Section 2. FEDERATION will notify the Human Resources Director as to the amount of
dues. This notice must state the computed formula for each individual member. Such notification
will be certified to the Finance Director in writing over the signature of an authorized office of
FEDERATION at least thirty (30) days in advance of the effective date. Changes in membership
dues will be similarly certified to the Finance Director and shall be done at least thirty (30) days
in advance of the effective date of such change.
Section 3. FEDERATION will indemnify, defend, and hold harmless the VILLAGE against
any and all claims, demands, or suits or other forms of liability that shall, out of, or by reason of
action taken or not taken by the VILLAGE on account of payroll deductions of FEDERATION
dues FEDERATION agrees that in case of overpayment, proper adjustment, if any, will be made
by FEDERATION to the affected employee.
Section 4. Dues deductions shall occur in each pay period and shall be remitted to the
FEDERATION monthly, no later than the 15th day of the month following deduction.
Section 5. The payroll deduction shall be revocable by the employee by providing thirty (30)
days written notice to both FEDERATION and the VILLAGE Manager.
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ARTICLE 11— MILITARY LEAVE
The rights and benefits regarding military leave are as set forth in the Village Leave Policy
attached as Appendix A).
Any changes or amendments mandated by Federal or State law shall be incorporated as part of
this article without negotiation.
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ARTICLE 12 — PAID VACATION
Section 1. Vacation time will be accrued, may be used, and may be paid out in accordance
with the Village Personnel Policies for non -bargaining unit employees as that policy is amended
from time to time..
Vacation days accrue, but may not be taken during the first 180 days of
employment. All personnel who have completed their first 180 days of full-time employment
shall be entitled to take vacation with pay in accordance with the following accrual schedule:
0 but less than 5 years
5 but less than 10 years
Over 10 years
10 days (80 hours) per year
15 days (120 hours) per year
20 days (160 hours) per year
Section 2. Bargaining unit members hired prior to the date of ratification may take vacation
after ninety (90) days of employment.
Section 3. All employees shall select, once annually in January, vacations. Initial selection
of vacations will be by seniority within a division. If an employee chooses to change the vacation
selection, he must then wait until the vacation list passes through all other remaining members of
the division, at which time he or she shall then be eligible to change the selection, but is limited
to open dates..
Section 4. In the event a paid holiday should occur during an employee's vacation period,
the employee's vacation time shall not be credited against the paid holiday. An employee shall
not lose accrued vacation leave if incapacitated due to an injury or illness incurred in the line of
duty. Bargaining unit employees may not take vacation for more than two (2) consecutive weeks
without the Department Heads approval. Vacation time periods not bid for shall only be by
Department Head or Supervisor approval and a seventy-two (72) hour (three days) notice, which
shall not be unreasonably withheld. Vacation time may not be substituted for sick time days
except for use with FMLA.
Section 5. Vacation time shall be credited and reported per pay period to indicate hours
accrued, less hours taken, reflecting net vacation hours available per pay period.
Section 6. The maximum number of vacation days an employee may accrue is 2 years
accrued vacation based on the above accrual schedule (i.e. 120, 180, or 240 hours). Any
employee (other than an employee who is discharged for cause or does not resign in good
standing) who voluntarily terminates, retires, is laid off, or dies while employed by the
VILLAGE shall receive payment21 equal to 100% of the unused days of vacation accrued
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during the two (2) year period prior to termination, retirement, or death. If any employee dies
and has accrued vacation time, the accrual shall be paid to the employee's estate, or in the event
no estate is pending, to the person who would be entitled to the disbursement pursuant to
statutory rules of intestate succession.
Section 7. An employee may not use vacation time to offset a loss of pay resulting from an
absence.
Section 8. Leave without pay may not be utilized to supplement vacation leave without prior
Village Manager approval. Employees may only schedule vacation leave time corresponding to
their available accrued leave time.
Section 9. There are no past practices that prohibit just cause discipline for absences that are
not approved.
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ARTICLE 13- INSURANCE BENEFITS
Section 1. The Village will provide health and dental insurance to employees and their
dependents under the Village health and dental program at the same levels of benefit and rates
established by the Village Council for non -bargaining unit employees of the Village.
Section 2. In the event the Village agrees to provide more beneficial coverage or rates to any
other bargaining unit in the Village, the more beneficial coverage and rates will be provided to
employees covered by this CBA.
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ARTICLE 14 — WORKERS COMPENSATION
Section 1. The VILLAGE agrees to abide by Chapter 440, Florida Statutes with respect to
the provision of worker's compensation benefits.
Section 2. The VILLAGE will not discriminate nor retaliate any employee attempting to
exercise his/her rights under that statute.
Section 3. In the event an employee is on workers' compensation, the employee, at his/her
discretion, may elect to supplement his/her net income by using any accrued unused paid
vacation or sick leave in hourly increments for purposes of bringing the employee's workers'
compensation income up to the employee's net income received prior to his/her injury. This
supplement applies only to vacation and/or sick leave accrued and unused prior to the workers'
compensation injury and in no event shall an employee be entitled to supplement his/her
workers' compensation income to receive more than his/her net income received prior to
his/herher injury. An employee on worker's compensation leave is not eligible for holiday pay.
Section 4. Employees who are cleared by their doctor to perform light duty shall be assigned
light duty, but the Village is under no obligation to create a light duty assignment. Light duty is
not available for employees on non -workers compensation leave.
Section 5. An employee on worker's compensation leave shall contact the Human Resources
Department once weekly to advise the Department of the employee's injury status.
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ARTICLE 15 — SENIORITY, SUBCONTRACTING, AND LAYOFF
Section 1. Seniority shall be defined as the total length of continuous service in the
VILLAGE of North Palm Beach. Seniority shall continue to accrue during all types of
compensable leave, approved by the VILLAGE.
Section 2. Employees shall lose their seniority as a result of the following:
A. Termination
B. Retirement
C. Voluntary resignation
D. Involuntary layoff exceeding twelve (12) months
E. Unexcused absence for more than three (3) days.
F. Failure to report to the VILLAGE Manager or designee intention of returning to
work, within five (5) days of receipt of recall, as verified by certified mail, return
receipt.
G. Failure to report from military leave within the time limits prescribed by law.
H. Failure to return from an authorized leave of absence upon the expiration of such
leave.
Section 3. Layoffs of regular full-time Employees shall be based on overall seniority with
the least senior Employees in the classification and department being laid off first.
Section 4. If the position from which the most senior person was laid off reopens during
twelve (12) months from the date of layoff, that laid off Employee shall have the right to fill that
position. Probationary Employees shall have no recall rights.
Section 5. Recall will be offered to laid off Employees, other than those Employees who
were on probationary status at the time of layoff, provided they are qualified and able to perform
all of the duties of the job, as provided by Federal or State Statutes. When the Employees are
recalled from layoff, the Employee with the greatest seniority in that classification shall be
recalled first.
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ARTICLE 16 — TOOL REPLACEMENT
Section 1. Employees who are authorized in writing by their department heads to furnish
their own tools in order to perform their job shall continue to do so for the duration of the
Agreement. In the event an employee's tool is broken or damaged to the extent of being
inoperable for its intended purpose, while the employee was engaged in his/her normal course of
duties, the VILLAGE will reimburse the employee for the replacement cost (minus depreciating
normal wear and tear of the life of the tool) of the same tool or a less expensive alternative, at the
employer's option, upon submission of a receipt to the VILLAGE. The VILLAGE may take all
reasonable steps to verify how the tool became damaged, to confirm replacement costs.
Section 2. Per Section 1 above, the maximum amount reimbursable for any one tool is
limited to one hundred dollars ($100) per tool, per year, with a combined total reimbursement for
employee per year limited to five hundred dollars ($500.00).
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ARTICLE 17 — SICK LEAVE
Section 1. Sick leave days accrue at a rate of one day of sick leave for each month of
continuous service, with no maximum, but shall not be taken during the first ninety days of
employment. Employees taking sick leave shall be compensated at their straight time hourly rate
of pay for the time off work. Sick leave shall continue to accrue during periods of authorized
absence on which the employee is in active pay status. An employee may accrue an unlimited
number of sick days for uses in the event he or she is sick Any employee, except employees who
are discharged for cause or who do not resign in good standing, who voluntarily terminates,
retires, is laid off, or who dies while employed by the VILLAGE, shall receive a payment equal
to fifty percent (50%) of the unused accrued sick leave days, not to exceed thirty (30) days total.
Section 2. Accrued sick leave may be used when the employee is absent from work due to
any of the following reasons:
1. An employee's injury or illness or medical treatment which precludes him or her from
reporting to duty;
2. Any injury, illness, or medical treatment of an employee's immediate family member
which requires the employee's help to care for him or her or obtain the necessary medical
treatment.
All sick leave shall be charged against the Employees' bank of accrued sick leave.
Section 3. An employee who is unable to report to work shall notify the immediate
supervisor no later than the scheduled reporting time. This notification procedure shall be
followed for each day the employee is unable to report to work unless prior approval is given.
Failure to provide this notification may be cause for disciplinary action. The VILLAGE may
require the employee to provide a doctor's note indicating that the employee is unable to work
due to illness.
Section 4. Abuse of sick leave, or a false claim for sick leave, shall be considered sufficient
cause for appropriate disciplinary action. Abuse of sick leave shall include, but not be limited to,
an Employee taking sick leave as it is earned or establishing a pattern of taking days off without
any medical basis or repetitively taking days off to extend weekends, holidays and previously
requested vacation days.
Section 5. Failure on the part of the Employee to comply with the above requirements shall
result in the denial of sick leave.
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Section 6. An employee who does not use sick leave for a continuous period of six (6)
months will earn a sick leave incentive payout of eight (8) hours of annual leave which shall be
noted on the employee's paycheck.
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ARTICLE 18 — LEGAL BENEFITS
The Village will provide a defense to an employee in which the employee, action in the course
and scope of employment, is named as a defendant as provided in and with the limitations set
forth in Florida Statutes. 111.07.
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ARTICLE 19 — DRUG AND ALCOHOL TESTING
Section 1. The VILLAGE has adopted (Policy and Procedure Number 11-01) and may
revise its drug free workplace policy which is applicable to all bargaining unit employees.
Section 2. The use, possession or sale by an employee or illegal drugs while on VILLAGE
premises or during the employee's working hours may be grounds for discipline up to and
including discharge. An employee who is found to be under the influence of alcohol or illegal
drugs while on VILLAGE premises or, during the employee's working hours shall be relieved of
duty. An employee who is found to be under the influence of alcohol or illegal drugs while on
VILLAGE premises or during the employee's working hours shall be disciplined up to and
including being discharged. For purposes of this policy "illegal drugs" are defined as those
substances controlled by the United States Drug Enforcement Administration.
Section 3. An employee may confidentially report the use of prescription or non-prescription
medication.
Section 4. The VILLAGE will have the right to search an employee and the employee's
possessions on VILLAGE premises or during the employee's working hours only when there is
reasonable suspicion to believe the employee is under the influence or in possession of alcohol or
illegal drugs. No search or test shall be ordered without the approval of a department head and
concurrence of the Human Recourses Director or Village Manager.
Section 5. No such search or test shall begin until the member has been offered the right to
have a FEDERATION representative present and to confer in private with that representative.
The presence of representation does not negate and shall not delay for more than one hour the
VILLAGE's right to search or test. If a representative is not available within one hour, the
VILLAGE shall arrange for the presence of a law enforcement officer who shall act as an
additional witness.
Section 6. The VILLAGE will have the right to require an employee to submit to appropriate
random, post -accident, or reasonable suspicion drug and alcohol tests during the employee's
working hours in accordance with local, State and Federal laws. Employees in the following
positions are subject to random testing: Grounds Maintenance Worker, Street Maintenance
Worker, Equipment Operator, Senior Irrigation Technician, Sanitation Driver/Operator,
Mechanic, Trades Mechanic, Recreation Supervisor, Building Construction Inspector, and Senior
Building Construction Inspector.
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Employees are subject to drug testing if they are injured on the job, or involved in an accident
while on duty and operating a vehicle or motorized equipment.
Section 7. Refusal by the employee to submit to such searches or tests upon the VILLAGE's
request when there is probable cause to believe the employee is under the influence or in
possession of alcohol or illegal drugs shall result in termination of employment. Submission to
tests does not constitute a waiver of the employees' right to challenge both the order and the
result of the test. The rule "obey first, grieve later" is applicable.
Section 8 In the event an employee voluntarily requests alcohol or drug rehabilitation
assistance the VILLAGE will refer the employee to a VILLAGE sponsored Employee
Assistance Program (EAP). Should an employee require time away from the workplace for
rehabilitation purposes and does not have enough sick leave and/or vacation leave to cover the
absence, the absence will be treated as leave without pay, but the employee shall be entitled to
use all forms of accrued paid leave, including sick leave, should he/she so choose.
Section 9. Refusal of the employee to continue with such rehabilitation treatment after return
for work may be grounds for discipline up to and including discharge. Any subsequent
occurrences may result in immediate discharge.
Section 10. All drug testing performed by the VILLAGE shall be in conformity with the
testing procedures outlined in Florida's Workers' Compensation statutes and corresponding
Administrative Code regulations.
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ARTICLE 20 — HOLIDAYS
Section 1. Regular, full-time Employees covered by this Agreement will be paid eight (8)
hours of base pay for each of the following holidays_
1. New Year's Day
2. Martin Luther King Day
3. Presidents Day
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veterans' Day
8. Thanksgiving Day
9. Friday following Thanksgiving Day
10. Christmas Eve Day
11. Christmas Day
Section 2. In addition to the eighty-eight (88) hours of holiday pay referred to in Section 1, -
Employees required to work all or part of the above listed holidays shall be compensated at a
premium rate of one and one-half (1 '/2) times their regular base pay for the actual hours worked.
Section 3. Employees must be in paid status, excluding sick leave, the day before and day
after the holiday in order to be paid for the holiday. An employee on workers compensation
leave is not in paid status.
Section 4. If a holiday falls on a Saturday, the previous Friday shall be designated as the
official holiday and if the holiday falls on a Sunday, the following Monday shall be designated as
the official holiday.
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ARTICLE 21— BEREAVEMENT LEAVE
The rights and benefits regarding bereavement leave are as set forth in the Village Leave Policy
(attached as Appendix A).
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ARTICLE 22 — HOURS OF WORK AND OVERTIME
Section 1. It is agreed by both parties that a seven (7) day basic work week for pay purposes
will begin at 12:01 a.m. Monday and will end at 12:00 midnight Sunday. Employees are
expected to work overtime when notified that overtime work is necessary. Overtime pay at one
and one-half (1 %2) times the employee's regular rate of pay will be paid for all hours worked
over forty (40) hours in any work week. Only hours actually worked, vacation hours and holiday
hours count as hours worked for overtime purposes.
Section 2. The Department Head shall determine the appropriate lunch time for each
Employee.
Section 3. Effective with the ratification of this contract, any full-time Employee who
reports to work will be paid for his/her normal workday regardless of whether they stay at work
or are sent home by the Village.
Section 4. Reserved
Section 5. The VILLAGE agrees to establish a notification schedule to inform and advise
Employees of split shifts and late shifts by posting appropriate notices no later than the close of
business on Thursday proceeding the week in which the split shift or late shift is to be scheduled.
By definition, split shifts are those shifts where an Employee's eight hour day is split between
morning hours and evening hours wherein the Employee may be off the clock during the middle
of the day; late shifts are those shifts where the Employee may be required to arrive at work at
1:00, 2:00 or 3:00 p.m. with the intent of working an eight hour day starting from those hours.
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Section 6. During declarations of emergencies, employees will be afforded an off-duty
rotation in the event they may be required to work at least six (6) straight days without a break.
The VILLAGE will arrange for rotation schedules in order to maintain a level of service to
respond to the emergency, but will also recognize the necessity for employees to have some rest
time during said emergency.
Section 7. No compensatory time may be accrued in lieu of the payment of overtime.
Accrued compensatory time will be paid out prior to the implementation of any wage increase
provided in this Agreement.
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ARTICLE 23 — PREVAILING RIGHTS
No past practice which is monetary in nature, except those expressly set forth in this
Agreement, shall survive the ratification of this Agreement.
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ARTICLE 24 — SEVERABILITY CLAUSE
If any provision of this agreement shall be held invalid, the remainder of this agreement
shall not be affected thereby. In the event any provision of this agreement is held invalid, the
parties, at the request of either party, shall meet as soon as practicable and reopen negotiations of
any articles impacted by the invalidation of provisions of this agreement.
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ARTICLE 25 — NO STRIKE
Section 1. The settlement of questions or disputes between the parties hereto and the
represented Employees is properly to be handled through collective bargaining, or the grievance
and arbitration procedures of this Agreement, as applicable, or through the Public Employees
Relations Commission or other appropriate governmental agency and the courts in the event of
alleged unfair labor or employment practices or other improper conduct. The parties recognize and
agree with the overriding policy concerns underlying the Constitutional and statutory prohibitions
against strikes by public employees in the State of Florida. The FEDERATION agrees that it will
not cause, participate in, instigate, or support, in any manner, any strike, walkout, slowdown, or
work stoppage by any member of the bargaining unit. Additionally, any Employee who violates
this Article or participates in its violation shall be subject to immediate discharge. Allowing
Employees to work or return to work shall be considered approval of their activity in violation of
this Article. The VILLAGE agrees that it will not lock out or cause any employee to be locked out
during the term of this agreement.
Section 2. Any Employee who participates in, or promotes a strike, work stoppage,
slowdown, or other form of interference with the operation and mission of the VILLAGE
Administration, shall be subject to discipline up to and including discharge. Such disciplinary
action by the VILLAGE Administration shall not be subject to the grievance and/or arbitration
procedures contained herein.
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ARTICLE 26 — CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE
PARTIES
Section 1. The VILLAGE and FEDERATION acknowledges 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 not removed by law from the area of
collective bargaining, and that the understanding and agreements arrived at by the parties after the
exercise of that right and opportunity are set forth and solely embodied in this Agreement.
Section2. The parties voluntarily and unqualifiedly waive the right to require further
collective bargaining and each party 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. This Agreement contains the entire contract, understanding, undertaking, and
agreement of the parties hereto and finally determines and settles all matter of collective
bargaining for and during the term.
100205826.11 1823-97044411
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ARTICLE 27 — TARDINESS
Section 1.
An employee is tardy when the employee clocks in for work more than one (1) minute after the
start time of the employee's start time.
When the employee is more than 15 minutes late for work the supervisor, at the supervisor's
option, may allow the employee to come to work and dock (place in unpaid status) the employee
for the time the employee is late.
Section 2. The following general progressive discipline guidelines will be applied for tardiness.
Prior to applying these guidelines the Village will consider any mitigating circumstances
disclosed by the employee.
4 times in a 6 month rolling period Verbal warning
5 times in a 6 month rolling period Written warning
6 times in a 6 month rolling period Suspension w/o pay
more than 6 times in a 6 month rolling period Termination of employment
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ARTICLE 28 —PROBATION
Section 1. All new bargaining unit Employees will be subject to a 180 day probationary
period. The VILLAGE may extend the probationary period up to an additional ninety (90) days,
following consultation with and consent by the FEDERATION, if it is determined by management
that an employee requires additional observation for a determination to be changed from
probationary to full-time, regular status. A probationary employee may be released from work
without a statement of cause and the release is not subject to grievance or appeal.
Section 2. Employees promoted within the bargaining unit shall serve a 90 day probationary
period during which time they may be returned to their former or other available position, but the
return is not subject to grievance or appeal.
Section 3. An employee who does not achieve a satisfactory level 1 evaluation or above will
be placed on probation for a period of 90 days. At the commencement of the 90 day period, the
employee will be counseled and given measurable performance improvement goals. The employee
will receive a progress review at the 30th and 60th day of the probationary period. At the conclusion
of the 90 day probation period, the employee will be re-evaluated. An employee who does not
achieve a satisfactory level 1 performance evaluation after re-evaluation will be separated from
Village employment. Separation from service under this circumstance is not subject to grievance
or disciplinary appeal.
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ARTICLE 29 — FEDERATION RIGHTS AND PRIVILEGES
Section 1. The VILLAGE agrees to release up to two (2) members of the bargaining unit
from their regular job responsibilities in order that they may begin negotiations at a time mutually
agreeable to both the bargaining unit and the VILLAGE with pay.
Section 2. The Employer agrees to furnish the FEDERATION with a list of the names,
addresses, phone numbers, employee classifications, annual and hourly salary of the Employees
within the bargaining unit as of the date of execution of this Agreement, unless production of the
information is prohibited by law. Should the FEDERATION desire revised and updated hereafter,
the Employer will provide them upon written request within thirty (30) days of the Employer's
receipt of such written request and the payment, in advance, of the costs of preparation and
copying of such lists. Provided, however, that such request shall not be made more often than
quarterly.
Section 3. A duly authorized representative of the FEDERATION will be permitted to
communicate official FEDERATION business to members of the FEDERATION to the extent that
the members' job responsibilities and duties are not interfered with or disrupted in any manner and
that no time is lost on the job. The FEDERATION representative shall comply with all applicable
rules and regulations of the Employer concerning visitors to VILLAGE property.
Section 4. Upon ratification of this agreement, the Employer will furnish FEDERATION
with a current copy of all written personnel regulations. The VILLAGE will forward any
subsequently adopted personnel regulations to the FEDERATION within 14 days of their
adoption.
Section 5. Each employee who so chooses may annually contribute up one day of annual
leave to the FEDERATION time pool. The employee shall indicate this choice in writing to the
Human Resources Director or his/her designee. The pool time shall be available for
FEDERATION representatives, not to exceed three employees per year to conduct FEDERATION
business, other than collective bargaining negotiations, such as conferences and steward training,
provided that:
(1) A written request for the use of FEDERATION pool time is submitted to the
Department Head or his/her authorized representative at least seven (7) days in
advance of the requested time off.
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(2) Sufficient manpower is available in the regular shift to maintain efficiency of
operations during the absence of the FEDERATION officers and/or agents as
determined by the Department Head or his/her designated representative.
Section 6. The Employer will provide the FEDERATION bulletin boards to be located in
mutually agreed upon locations to be used solely by the FEDERATION for posting notices.
Notices shall be restricted to the following types, except that additional notices may be posted by
mutual, written consent of the parties:
A. Notices of FEDERATION recreational and social affairs.
B. Notices of FEDERATION elections, appointments, and results of FEDERATION
elections.
C. Notices of FEDERATION meetings and educational classes.
D. Notices of official FEDERATION business; and
E. Any material deemed informative to the general membership
The bulletin boards shall not be used by the FEDERATION or its members to distribute political
pamphlets or any other type of political matter, or for advertising. The FEDERATION agrees not
to post any material defamatory to the VILLAGE, or its representatives on the bulletin boards.
All notices shall clearly state that they are "FEDERATION Notices." A copy of all
FEDERATION notices that are to be put on said bulletin board shall be forwarded to the
VILLAGE Manager's office.
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ARTICLE 30 — WORK ASSIGNMENTS
Section 1. Any Employee temporarily assigned to a lower pay grade classification shall be
compensated at the rate of pay received in his/her regularly assigned pay grade classification.
Section 2. It is specifically recognized as reflected in the unit position job descriptions that
the very nature of the services provided by the VILLAGE of North Palm Beach demands
flexibility in job assignments and job description and the Employer may temporarily assign tasks
not common to a particular job description.
Section 3. Reserved
Section 4. In the event an Employee is directed to temporarily work in a higher pay grade,
that Employee shall be paid five percent (5%) above the individual's present base rate for the
period of time worked.
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ARTICLE 31— OFF-DUTY EMPLOYMENT
Section 1. An employee may engage in off-duty employment to the extent that said off-duty
employment does not interfere with the performance of the employee's duties for the VILLAGE
of North Palm Beach.
Section 2. An employee's off-duty employment may not create a conflict of interest; may not
be performed during the employee's VILLAGE workday; may not involve use of VILLAGE
equipment, property, or supplies; or otherwise infringe on his or her ability to perform their job
with the VILLAGE in a satisfactory manner.
Section 3. Disputes over whether an employee's off-duty employment creates a conflict of
interest shall be submitted to the State Ethics Commission for an advisory opinion. The parties
agree, however, that the opinion of the commission shall be binding upon them. An employee
may continue to work at his/her off-duty position during the pendency of the request for an
opinion, but does so at his/her own peril.
Section 4. Village employees may not wear Village uniforms or insignia when engaged in off
duty employment.
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ARTICLE 32 — POLITICAL ACTIVITY AND VOTING
Section 1. Neither the FEDERATION nor the Employer will place any restrictions on
Employees with regard to political activity. Employees may hold membership in or support any
political party, run for or hold political office, vote as they choose, express their opinions and
wishes on political issues and candidates, maintain partisan neutrality and attend political
functions so long as these activities do not take place during the. Employee's working hours on
VILLAGE property, or in such a manner as would interfere with the Employee's duties during the
Employee's official hours of work. Employees shall not engage in political lobbying while in
VILLAGE uniforms or when wearing VILLAGE insignia. Such activities shall not be conducted
in violation of State conflict of interest statutes.
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ARTICLE 33 — EDUCATION, TRAINING, AND PROMOTIONAL OPPORTUNITY
Section 1. Employees who have obtained educational credits or training over and above the
minimum education and training requirements for their position will be given special
consideration for promotional opportunity.
Section 2. Employees required to attend job-related training for any reason outside their
normal working hours shall be compensated at premium rate of one and one-half (1 1/2) times their
regular hourly salary. However, seminars and conventions are not included with the meaning of
the term "training".
Section 3. Vacancies in entry level positions within the bargaining unit in any classification
in the Village shall be filled as far as practical by promotion of employees in the Village service
following the procedures in the Policy and Procedures Manual but nothing herein shall limit the
Village from hiring an outside candidate for any bargaining unit position.
Section 4. Tuition Assistance Program: See Miscellaneous Benefits
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ARTICLE 34 — PENSION PLAN
Section 1. All new hires after October 1, 2010 shall be eligible only for enrollment in the
Village defined contribution plan.
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ARTICLE 35 — WAGES
Section 1.
Year One (10/1/2017-9/30/2018)
Following ratification, employees will receive a 3% wage adjustment the first pay period
following annual evaluations in April provided they have achieved a "successful level 1" or
higher performance evaluation using the current performance measurement process.
Increases over pay range maximum shall be paid as lump sum payments of $900.00 for a
Successful Level I through Exceptional Level I evaluation and $1200.00 for an evaluation of
Exceptional Level Il.
The Village will form a performance pay study group to which the Union may appoint three (3)
members. The task of the committee is to recommend a performance rating schedule under which
performance pay may be earned. The work of the committee will be concluded by June 1, 2018.
The recommendation of the committee is non-binding.
Year Two (10/1/2018-9/30/2019)
Effective 10/1/2018 employees who are not topped out and who were employed by the Village on
date of ratification will receive a 4% base wage adjustment plus an additional 2% base wage
adjustment on 4/1/2019 provided they have achieved a "successful level 1" or higher performance
evaluation using the performance measurement process in use at the time of evaluation.
Employees on new hire (not promotional) probation when the increases in Year One and Year
Two take effect will not receive their wage increase until they pass probation.
Section 2. Employees will be paid bi-weekly.
Section 3. No employee shall receive a base wage increase over the maximum salary
(top -out) established in the VILLAGE pay plan. Increases over pay range maximum (topped out
employees) shall be paid as lump sum payments of $900.00 for a Successful Level I through
Exceptional Level I evaluation and $1200.00 for an evaluation of Exceptional Level II.
Section 4. No lump sum payment will be made for an evaluation of Development Required
through Below Standards.
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{00205826.11 1823-9704441}
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ARTICLE 36 — MISCELLANEOUS
Section 1. The terms and conditions of this Agreement may be altered, changed, added to,
deleted from, or modified only through the voluntary mutual written consent of the parties.
Section 2. This Agreement shall supersede any ordinances, regulations, or practices of the
VILLAGE, promulgated and adopted by the VILLAGE Council. The FEDERATION agrees that
all employees covered under this agreement shall comply with all Personnel Rules and
Regulations, including those relating to conduct and work performance. In the event of a conflict
between the terms of this Agreement and the terms of the Personnel Rules and Regulations, the
terms of this Agreement prevail.
Section 3. The parties agree to an adjustment of miscellaneous benefits/incentives as is set
forth in Section 15 of the comprehensive pay plan document.
Section 4. The VILLAGE will provide a sufficient number, as determined by the VILLAGE,
of uniforms suitable to the employee's job. In addition, the VILLAGE will provide uniform
cleaning service for employees required to wear uniforms. The VILLAGE will reimburse
employees for VILLAGE approved safety shoes once per year in an amount not to exceed
$150.00, if required, or the VILLAGE will establish an annual shoe allowance of $150.00
payable through the employee's normal VILLAGE payroll process.
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ARTICLE 37 — CALL-BACK/EMERGENCY COMPENSATION
Section 1. If an employee is called back to work for an emergency or called back outside of
his/her scheduled hours for that work week, the employee shall receive the greater of two (2)
hours of pay or the actual number of hours worked, which shall be computed at a premium rate of
time and one half (1 1/2) the employees regular rate of pay. Example: an employee called back for
thirty (30) minutes of work shall be paid for two (2) hours at time and one half. An employee
called back for four (4) hours shall be paid for four (4) hours at time and one half.
The Department Head and/or Superintendent shall create a schedule for call out and shall rotate
the assignments of call-back/on-call overtime to employees in the following positions using that
list and as equally as practicable based upon their qualifications for the assignment, distributed
on a rotating basis by the departmental seniority of the person. List of positions: Grounds
Maintenance Worker, Street Maintenance Worker, Irrigation Technician, Senior Irrigation
Technician, Sanitation Driver/Operator, Trades Mechanic, Senior Trades Mechanic.
An employee on the call out list will be paid standby pay in the amount equal to one (1) hour of
base pay for each 24 hour period the employee is designated to be on standby. Standby pay is in
addition to call out pay.
An employee on standby who fails to report to work within forty-five (45) minutes of call out is
subject to the following discipline, subject to adjustment for mitigation circumstances:
• first occurrence result in a written warning
• second occurrence results in termination
An employee may swap one 24 hour period during a weekly on call status with a co-worker,
provided the request is made to and approved by the Department Head 12 hours in advance of the
swap.
Section 2. Call back premium pay is excludable from the regular rate of pay for the purpose
of overtime calculation.
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ARTICLE 38 — CERTIFICATION INCENTIVE
See Miscellaneous Benefits. The maximum number of certifications that the Village will pay for
is three (3).
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Page 54 of 55
ARTICLE 39 — TERM OF AGREEMENT
Section 1. This Agreement shall be effective from date of ratification, and shall remain in full
force and effect for a term from date of ratification to the 30th day of September2019. No base
wage increase, performance based increase or cost of living adjustment shall be paid beyond
September 30th of 2019 except as provided in a subsequent Memorandum of Understanding or
Collective Bargaining Agreement as may be negotiated by the parties modifying the Wage
Article of the collective bargaining agreement.
Section 2. The VILLAGE and the FEDERATION agree to commence bargaining for a
successor agreement on or about June 30th,2019.
Section3. By entering into this Agreement, the VILLAGE and FEDERATION acknowledge
that they have resolved all disputes between them, including but not limited to pending or
threatened ULPs or Grievances.
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' SIGNATURE PAGE
APPROVAL
Page 55 of 55
Pursuant to Florida Statute 447.309, the VILLAGE's Chief Executive Officer and the
FEDERATION's Bargaining Agent hereby confirm that the foregoing represents the Collective
Bargaining Agreement reached by the negotiators through bargaining.
This Agreement shall not be binding on the VILLAGE of North Palm Beach until it has been
ratified by the VILLAGE Council and by the employees who are members of the bargaining
unit.
THE
BEACH
E MANAGER
Council ratification)
VILLAGE CLERK
FEDERATION OF PUBLIC EMPLOYEES,
A DIVISION OF THE NATIONAL FEDERATION
/OFW LI - RIVATE EMPLOYEES, AFL-CIO,
IDENT--,
Date of Ratification by Bargaining Unit: r C/I ,/,
Date of Ratification by the VILLAGE:
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