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1994-013 NAGE Contract Agreement RESOLUTION No. 13-94 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING AND APPROVING THE RATIFIED COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH AND THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES AND AUTHORIZING THE MAYOR, VILLAGE CLERK AND VILLAGE MANAGER, IN ACCORDANCE WITH FLORIDA STATUTES CHAPTER 447, TO EXECUTE THAT CERTAIN COLLECTIVE BARGAINING AGREEMENT WITH THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES SETTING FORTH THE BASIC AND FULL AGREEMENT BETWEEN THE PARTIES CONCERNING WAGES AND OTHER CONDITIONS OF EMPLOYMENT PER FLORIDA STATUTES CHAPTER 447; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA: Section 1. In accordance with Chapter 447, Florida Statutes, the Village Council hereby accepts and approves the ratified Collective Bargaining Agreement between the Village of North Palm Beach and The National Association of Government Employees, a copy of which is attached hereto and by reference made a part hereof. Section 2_ The Mayor, Village Clerk and Village Manager are hereby authorized and directed in accordance with Florida Statutes Chapter 447 to execute the attached Collective Bargaining Agreement with The National Association of Government Employees. Section 3. The effective date of the Agreement specified in Section 2 shall be October 1, 1993, through September 30, 1995. 1 ;;ection 4. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS ~_ DAY OF MARCH, 1994. OR (Village Seal) ' ATTEST: ~~ VILLAGE CLERK 1 t 1 AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH AND THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES EFFECTIVE OCTOBER 1, 1993 THROUGH SEPTEMBER 30, 1995 1 1 ' TABLE OF CONTENTS ARTICLE TITLE pAGE I PREAMBLE ................................... 4 II RECOGNITION ................................ 4 III NON-DISCRIMINATION ......................... 4-5 IV MANAGEMENT RIGHTS .......................... 5-7 V VEHICLES, EQUIPMENT, SAFETY, HEALTH AND COOPERATION ................ 7-8 VI GRIEVANCE PROCEDURE ........................ 8-13 VII DUES DEDUCTION ............................. 13-14 VIII SICK LEAVE ................................. 15-16 IX HOLIDAYS ................................... 16-17 X BEREAVEMENT LEAVE .......................... 17-18 ' XI LEAVE POLICIES ............................. 18-21 X7I INSLiR nNCP POLICIES ......................... ZI XIII WORKERS COMPENSAT:CON ....................... 21 XIV SENIORITY AND LAYOFF ....................... 21-23 XV HOURS OF WORK AND OVERTIME ................. 23-24 XVI PREVAILING RIGHTS .......................... 25 XVII SEVERABILITY CLAUSE ........................ 25 XVIII NO STRIKE .................................. 25-26 XIX CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES ........................ 26-27 XX PRODUCTIVITY ............................... 27 XXI RECF~UITMENT AND EMPLOYMENT ................. 27-28 ' XXII USE OF PERSONAL VEHICLES ................... 28 XXIII SERVICES TO THE UNION ...................... 28-29 2 (2EoP~T XXIV WORK ASSIGNMENTS ........................... 30 ' XXV PAY ADVANCE ................................ 30-31 XXVI SAFETY, HEALTH AND COOPERATION ............. 31 XXVII OFF-DUTY EMPLOYMENT ........................ 31-32 XXVIII POLITICAL ACTIVITY ......................... 32 XXIX EDUCATION AND TRA]:NING ..................... 32-33 XXX NEGOTIATIONS ............................... 33 XXXI PENSION PLAN ............................... 33-34 XXXII LONGEVITY PAY PLAN ......................... 14 XXXIII SALARY ..................................... 34-35 12v~ XXXIV MISCELLANEOUS .............................. 35 XXXV SAFETY INCENTIVE AWARD..................... 35 XXXVI ATTENDANCE AWARD PROGRAM ................... 35-36 ' XXXVII TERM OF AGREEMENT .......................... 36 1 3 ' ARTICLE 2 - PREAMBLE This Agreement is entered into by the VILLAGE OF NORTH PALM BEACH, State of Florida, hereinafter referred to as the "Village", and THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, hereinafter referred to as the "NAGS", for the purpose of promoting harmonious relations between the Village and the NAGE, 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 rates of pay, hours of work and overtime and other conditions of employment as provided by law. Thereafter, the parties mutually and in good faith agree to the following: ' ARTICLE II - RECOGNITION Section 1. The Village hereby recognizes the NAGE as the exclusive bargaining representative for all regular full-time paid Employees in the unit certified by the Public Employees Relations Commission certification #662, Case No. RC-84-046, dated February 1, 1985. Section 2. NAGS 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 determining the purpose, mission and operation of the Village. ' ARTICLE III - NON-DISCRIMINATION Section 1. All reference in this Agreement to Employees of 4 the male gender are used for convenience only, and shall be ' construed to include both male and female Employees. Section 2. Both parties agree to comply with applicable State Statutes regarding non-discrimination. ARTICLE IV - MANA EMENT RIGHT Section 1. Except as expressly 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 in all respects. 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 cause. D. To relieve Employees from duties because of lack of work, funds 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. 5 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 this 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. It is understood by the parties that every incidental duty connected with operations enumerated in job ' descriptions is not always specifically described, and Employees, at the discretion of management, may be required to perform other job related duties not specifically contained in their job description. Section 4. Delivery of municipal services in the most efficient, effective and courteous manner is of paramount importance to the Village of North Palm Beach and NAGS. accordingly, NAGE agrees Chat iL will instruct its members to work diligently in order that the services performed meet the above standards. Section 5. Those inherent managerial functions, prerogatives and policymaking rights which the Village has not ' expressly modified or restricted by a specific provision of this 6 ' Agreement, are not in any way subject to the grievance and/or arbitration procedure contained herein. nRTICLE V - VEHI LGS EOUIPMEN7'`_SAFETY. HEALTH AND OOPEKA'1'lON 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 i.n the Village are both safe acid sanitary. Additionally, both parties recognize the need to develop a safe working force among the employees at the Village. To this end the Union agrees to report to the Employer any unsafe conditions or Employees existing n the Village at any time during the term of this Agreement and the Union further agrees to cooperate with the Employer in the Employer's efforts to rectify any such situations. 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 covered by Worker's Compensation Insurance. Section 3. Whenever an Employee is required to use his own vehicle in the performance of his/her official duties, he/she will be compensated at. the rate provided for in Florida Statutes 112.016(7)(d)(1), reimbursed for tolls and parking charges. Section 4. Any Employee who abuses assigned vehicle(s) or equipment shall be subject to disciplinary action up to and including discharge. ' Section 5. Department heads will determine the proper and 7 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 actio~i. ARTICLE VI - GRIEVANCE PROCEDURE In a mutual effort to promote harmonious working relations between the parties of this Agreement, it is agreed to and understood by both parties that there shall be a procedure for the resolution of grievances between the parties arising from the application and interpretation of: this Agreement. A. Definitions 1. A grievance shall be defined as a violation of the interpretation or application of the specific terms of this Agreement. 2. The term "Employee" includes any individual within the bargaining unit covered by this Agreement. 3. The term "day", when used in this procedure, shall mean calendar days Monday through Friday, exclusive of holidays. 4. A "Grievant" is a person affected by the misapplication or misinterpretation of this Agreement. B. Withdrawal of Grievance A grievance may be withdrawn by the grievant at any time ' and at any step of this procedure. 8 C. Grievance Procedure STEP 1. In the event that a grievance exists, the grievant or Union representative shall, within five (5) days of such misapplic~ition or misinterpretation of the Agreement, first discuss it in an informal manner with his foreman or immediate supervisor. The Village and the Union both agree that a foreman or immediate supervisor that is a member of the bargaining unit will not hear the grievance. In those instances, the grievant shall present his grievance to the foreman or immediate supervisor, not in the bargaining unit. STEP 2. If the resolution of the grievance at STEP 1 is not satisfactory to the grievant, or if no disposition has been made within si.x (6) working days following the informal discussion with the foreman or immediate supervisor, the grievant or Union representative may within six (6) working days file in writing, a formal grievance with the Department Head. A grievance shall refer to the specific provision(s) of this Agreement which has/have been violated. If the formal grievance is not filed within six (6) working days following the informal discussion, the right to proceed with the grievance is barred. STEP 3. In the event the grievant or Union representative is not satisfied with the disposition of the grievance by the Department Head at STEP 2, or if no 9 disposition has been made within the time limits as provided in STEP 2, the grievant or Union representative may appeal the grievance to the Village Manager within seven (7) working days from the time the grievant receives the Department Head's response as required in STEP 2. Upon receipt of the grievance from STEP 3 the Village Manager will have ten (10) working days to respond to the grievance. STEP 4. In the event the grievant is not satisfied with the disposition of the grievance in STEP 3, or if no disposition has been made within the time limits as provided in STEP 3, the grievant or Union representative may submit the grievance to arbitration using the Federal Meditation and Conciliation Service (FMCS). Such requests shall be filed with the Village Manager no later than ten (10) working days after the Village Manager's response is due in STEP 3 of the grievance procedure. The arbitration proceeding shall be in accordance with the rule s. of FMCS. If such requests are not filed within the time limits promulgated, said grievance will be considered disposed of by the Village manager. If the Village Manager does not agree that the matter is arbitrable, notification shall be sent to the grievant of such within ten (10) days of receipt of the request to arbitration. The parties agree that in such an instance, an arbitrator will be ' selected according to the rules of FMCS, to determine solely the 10 questions of arbitrabil.it.y. Such decision shall he based solely on ' written briefs, exhibits and affidavits submitted by the parties, with no oral argument allowed. In the event the arbitrator finds the grievance is not arbitrable, the grievant will take no further action regarding the arbitrability of the grievance. 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. The arbitrator shall have no power to add to, subtract from, modify of alter the terms of this Agreement. 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 specifically covered by this Agreement; nor shall this collective bargaining Agreement be construed by an arbitrator to supersede applicable laws in existence at the time of this Agreement. The arbitrator may not issue declaratory or advisory opinions and shall confine himself exclusively to the question which is presented to him, which question must be actual and existing. The arbitrator shall render the decision in writing within thirty (30) days, or as soon as possible after the close of the arbitration hearing, and shall furnish a copy to the Village and the grievant. Both parties agree that the decision of the arbitrator shall be final and binding on all parties. The prevailing party in any arbitrated matter including arbitrability ' shall be entitled to receive from the losing party the cost of the 11 Arbitrators Fee(s) and expenses only. Each party will be responsible for the payment of its own witnesses, Attorney Fee(s) and/or .;onsultant Fee(s). D. General Provisions 1. The time limits provided in this Article shall be strictly observed, unless extended by written agreement by the parties. Failure of the grievant to proceed with the grievance within the times hereinbefore provided, shall result in the dismissal of the grievance. Failure of the Village or its representatives to respond within the times provided, shall entitle the grievant to proceed to the next step in the grievance procedure. 2. All grievances shall be processed during times which do not interfere, or cause interruption of an Employee's work responsibilities. 3. The filing of a grievance shall in no way interfere with the right of the Village to proceed to carry out its management responsibilities, subject to the final resolution of the grievance. The Employee shall abide by the management decision involved in any grievance, prior to and during the time the grievance has been filed, and shall not discontinue his duties prior to or during the time a grievance is being processed. 4. The date of disposition shall be the date on which the immediate supervisor or other management official delivers the O disposition to the grievant, or the date of postmark in those 12 instances where delivery is by U. S. Mail. ' S. The commencing of legal proceeding against the Village in a Court of Law or equity, or before the Public Employee Relations Commission, or any other administrative agency, by an Employee, for misapplication or misinterpretation of the terms of this Agreement shall be deemed an election of remedy and shall be deemed a waiver by said Employee of their right to resort to the grievance and arbitration procedure contained in this Agreement. E. GRIEVANCE/DISCIPLINARY REPRESENTATION 1. In the event an Employee is subject to any form of administrative hearing that could result in disciplinary action (i.e. suspension, termination, written ' reprimands), the Union representative will be allowed to attend and/or accompany said Employee during such hearings or discussions between the Employee and the immediate supervisor or department head. 2. The NAGE Union representative will be allowed to attend such hearings or discussions without loss of pay and/or benefits. ARTICLE VII - D ES DEDUCTION Section 1. Employees covered by this Agreement may authorize payroll ~duc~tions for the purpose of paying dues. Requests for same must be on a form approved by the Village. No ' authorization shall be allowed for payment of initiation fees, 13 special assessments, fines, penalties or delinquent dues. ' Section 2. NAGE will notify the Finance Director as to the amount of dues. This notice must state the weekly amounC in dollars and cents for each individual member. Such notification will be certified to the Finance Director in writing over the signature of an authorized officer of NAGE at least thirty (30) calendar 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) calendar days in advance of the effective date of such change. Section 3. NAGS will indemnify, defend, and hold the village harmless 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 NAGE dues. NAGE agrees that in case of overpayment, proper adjustment, if any, will be made by NAGE to the affected employee. Section 4. The cost of dues deduction as provided for in this Article shall be $2.50 per member, per year, averaged over the last 12 months, but with a maximum deduction not to exceed $100 per year. Said amount will be determined between September 15 to September 30, of each year and payable October 1. The cost of the dues deduction shall be deducted from the monies transmitted to NAGE. Section 5. The payroll deduction shall be revocable by the employee by providing thirty (30) days written notice to both NAGE ' and the Village Manager. 14 ARTICLE VIII - SICK LEAVE ' Section 1. Regular, full-time Employees who have satisfactorily completed their ninety (90) day probationary period, shall earn one (1) day of sick leave for each month of continuous service, commencing with the first of the month following their probationary period with no maximum. Employees shall receive upon their voluntary resignation or their heirs upon their death, all amounts of money equal to one-half (50%) of their unused accumulated sick leave. Maximum payment for sick leave will not exceed thirty (30) days wages. Section 2. Regular, full-time Employees who have satisfactorily completed their probationary period, and who incur a non-duty illness or disability or whose spouse or child is ill, shall receive sick leave as accrued with full pay. Such sick leave shall be charged against the Employee's accrued sick leave. Section 3. Whenever an illness or other medically related situation requires and Employee to be absent from work for a period exceeding two consecutive days, the Department Head may request that the Employee furnish proof of the illness or medically related situation, prior to sick leave being granted. Any Employee on sick leave shall continue to accrue all benefits as if on actual duty. Section 4. An Employee who is absent from work shall make every reasonable effort to notify his or her immediate supervisor in advance of such absence. However, failure of an Employee to make such notification unless mitigating factors prevented such ' notification may be regarded as insubordinate or a violation of any 1S rule or regulation of the Village depending upon the actual reason ' for not giving notification. Such notification may be made by any member of the Employee's "immediate family" .(refer to Article X, Section 2, for definition of immediate family). Section 5. Since it my become necessary for an Employee to leave his or her residence during an absence, the Village agrees that no disciplinary action shall be taken in the event the Employee cannot be reached at home unless it can be shown that the Employee's absence from home was not related to their illness. Management, may, under such circumstances require the Employee to explain why he or she left their residence. Section 6. 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 limited to, an Employee taking sick leave as it is earned or establishing a pattern of taking certain days off without any medical basis. Section 7. Failure on the part of the Employee to comply with Section 3, 4 or 5 shall result in the denial of sick leave. ARTICLE IX - HOLIDAYS Section 1. The following shall be considered paid holidays for regular, full-time Employees: 1. New Year's Day 2. Memorial Day ' 3. Independence Day if J 1 4. Labor Day 5. Veteran's Day 6. Thanksgiving Day 7. Friday following Thanksgiving Day 8. Christmas Eve Day 9. Christmas Day 10. Other duly recognized holiday as determined by each individual department Section 2. If one of the above holidays falls on a Saturday, then Friday shall be considered the day off and if the holidays listed above fall on a Sunday, then Monday shall be considered the day off. Section 3. All Employees required to work on any of the above listed holidays shall be compensated at the overtime rate of two and one-half (2 1/2) times their regular base pay for the actual hours worked. Section 4. Employees must work their scheduled day before and their scheduled day after the holiday in order to be paid for the holiday, except in instances where the Employee is absent from work due to illness. ARTICLE X - BEREAVEMENT LEAVE Section 1. When a death occurs in the immediate family, regular full-time Employees shall be granted up to a maximum of three (3) days off without loss of pay or benefits. Section 2. ~~Immediate family~~ as cited above shall be 17 defined as: father, mother, brother, sister, spouse, child, ' father-in-law, mother-in-law, grandparents, son or daughter-in-law, foster parents, stepparents, brother-in-law and sister-in-law. ARTICLE XI - LEAVE POLICIES Section 1. GENERAL The Village determines and schedules the vacation period of each Employee eligible for a vacation. Consideration is given where possible to the preference of the Employee as to the time of his or her vacation. Section 2. ELIGIBILITY REQUIREMENTS Vacations shall be granted to regular, full-time Employees in the following manner: ' a. First year Employees (new hires) hired prior to May 1 shall receive five (5) working days of vacation as of the following October 1. Said Employees will be allowed to take the five (5) working days of vacation following October 1. b. First year Employees hired between May 1 and September 30 will receive ten (10) working days of vacation; however, not on the next October 1, but on the October 1 of a year later. They will not be allowed to use vacation days until after the October 1 of a year later. c. On October 1, following one (1) full year of employment, but less than seven (7) years of 18 employment, the Employee will be granted ten (10) working days for vacation as of October 1 of each year. d. On the October 1 following completion of seven (7) years of employment, but less than twelve (12) years of employment, the Employee will be granted fifteen (15) working days for vacation as of October 1 of each year. e. On the October 1 following completion of twelve (12) years of continuous employment the Employee will be granted twenty (20) working days for vacation as of October 1 of each year. f. In recognition of transitioning from the previous vacation accruals that were in effect prior to October 1, 1990 the Village recognizes the fiscal year Octobert 1, 1990 through September 30, 1991 as a transition year wherein the following will apply to current regular, full-time Employees: (1) Where an Employee has accrued vacation hours as of October 1, 1990, they will be allowed to use those hours during FY 90-91. (2) In addition, Employees will be allowed to continue accruing and using vacation time up to, and including, their anniversary month during FY 90-91. (3) For FY 90-91 only, from the month following the Employee's anniversary month to September 30, 1991, the Employee will earn vacation time, but will not be able 19 to use it until after October 1, 1991 and only as ' scheduled by the Department Head. (4) Effective October 1, 1991, the above schedule and formula for vacation time as outlined in paragraphs Section 2a through Section 2e will become applicable and each Employee employed by the Village for more than one year will be credited on October 1 of each year there after. Section 3. TERMINATION CONDITION If an Employee voluntarily resigns, is terminated from employment or is deceased while employed, he or his heirs shall be entitled to an immediate lump sum payment for all vacation time earned and accrued at the employee's last rate of pay. Said lump sum payment will be prorated for the last year of employment of the terminated Employee based on the length of service from the preceding October 1. This section does not apply to an Employee who voluntarily resigns during his probationary period. Section 4. All vacation schedules shall be approved by the Employee's Department Head. Section 5. Earned annual leave must be used during the same fiscal year of October 1 in which the time has been credited to the Employee; a one year extension of accumulating earned annual leave may be approved by the Village Manager. Section 6. Part-time and temporary Employees are not eligible for vacation except those part-time Employees previously ' grandfathered in by the Village Council. Grandfathered part-time 20 Employees will be treated as full-time, regular Employees for the t purpose of continuing their vacation leave benefits. ARTICLE XII - INSURANCE BENEFITS Section 1. The Village will continue to pay 1000 of the Employee's Individual. Health Insurance Coverage including the dental plan and continue to pay 50$ of the employee's dependent's coverage including the dental plan. Section 2. The Village will continue to provide and pay for Employee's Life & Accidental Death Insurance in the amount of One (1) time the Employee's Annual Salary rounded to the nearest One Thousand Dollars, with a maximum of $50,000.00. Section 3. The Village shall retain the right to determine ' the insurance carrier or it may self-insure if it so desires. ARTICLE XIII - WORKERS COMPEN ATION The village agrees to abide by Chapter 440, Florida Statutes. ARTICLE XIV - SENIORITY 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 21 B. Retirement ' C. Voluntary resignation D. Layoff exceeding six (6) months. E. Unexcused absence for more than two (2) days. F. Failure to report to the Village Manager or designee intention of returning to work, within three (3) 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 seniority with the .least senior Employees in the classification and department being laid off first, provided the following factors are substantially equal: A. Sufficient ability and qualifications to perform the work. B. Performance evaluation. In the event of the substantial inequality of these factors as between Employees in the same classification and department, the Employee with the higher values of factors (A) and (B), in the aggregate, shall be retained. Section 4. If the position from which the most senior person was laid off reopens during six (6) months from the date of ' layoff, that laid off Employee shall have the right to fill that 22 position. Probationary Employees shall have no recall rights. Section 5. Regular full-time Employees on layoff status wi_17. retain recall. rights for s~.x (6) months. Recall will ba m;~de by certified mail to the last known address in the Employee's personnel record. Section 6. Postmarked within five (5) work days of a certified receipt date, laid off Employees must signify in writing, their intention of returning to work, to the Village Manager's office. Failure to respond to this notice within the prescribed time lit~;its previously stated above shall constitute a voluntary resignation by the~Employee. Section 7. 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. ARTICLE XV - HOURS OF WORK AND OVERTIME Section 1. It is agreed by both parties that a basic work week for pay purposes will begin at 12:01 a.m. Thursday and will end at 12:00 midnight Wednesday. Employees are expected to work overtime when notified that overtime work is necessary. Overtime pay at one and one-half (1 1/2) times the basic pay will be paid for all hours worked over the ' normal work week in any week. 23 ' The Employer agrees that Employees co shall work no more than one forty (40) hour pay period with appropriate intervening unless duties require overtime. Section 2. The Department Head appropriate lunch time for each Employee. Section 3. Effective with the vered by this Agreement cycle per seven (7) day consecutive days off, shall determine 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. Effective with the ratification of this contract, all regular full-time Employees shall maintain their current number of hours of work per week subject to the layoff ' provision of the contract. 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 preceding 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. 24 ARTICLE XVI - PREVAILING RIGHTS ' All salaries, wages, hours and other fringe benefits enjoyed by Employees in this bargaining unit which are not specifically provided for or abridged or modified in this Agreement are hereby protected by this Agreement and shall be continued in effect if they have been enjoyed by all Employees covered by this Agreement. ARTICLE XVII - SEVERABILITY CLAUSE If this Agreement or any provision, section, subsection, sentence, clause, phrase or work of this Agreement is in conflict with any law as finally determined by a Court of competent jurisdiction which has presented to it the issue of conflict as it may pertain to this Agreement, that portion of this Agreement in ' conflict with said law or Court interpretation of the law shall be null and void, but the remainder of this Agreement shall remain in full force and effect with it being presumed that the intent was to enter into the Agreement without such valid portion or portions. ARTICLE XVIIZ - 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 25 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 Union, therefore, 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 participates in or supports a sympathy strike during working hours will be deemed in violation of this Article. Any Employee who violates this Article or participates in its violation, shall be subject to immediate discharge. Allowing Employees to work or to return to work shall not be considered condonation of their activity in violation of this Article. ' 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. However, the Union reserves the right to use other appellate procedures as provided for by state law. ARTICLE XIX - CONTRACT CONSTITUTES ENTIRE A-REEMENT OF THE PARTIES The Village and NAGE 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 26 ' subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth and solely embodied in this Agreement. 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 settled all matters of collective bargaining for and during its term. ' ARTICLE XX - PROD UCTIVITY NAGE and the Village recognize that the citizens of North Palm Beach are entitled to receive services at the highest possible level, subject to budget limitations. Therefore, NAGS pledges that it will actively promote and encourage Employees to increase their productivity and raise their level or service in order to provide and maintain the delivery of services at the highest possible level. ARTICLE XXI - RECRUITMENT AND EMPLOYMENT All new bargaining unit Employees that are on probation will remain so for a maximum period of ninety (90) days. New Employees ' are not required to join the Union to work at the Village. Union 27 ' membership is purely voluntary. The Employer will encourage Employees in upgrading themselves for qualifying for a position. All known vacancies or new positions will be posted on all Bulletin Boards within thirty (30) business days of the vacancy occurring. Employees desiring consideration will apply, in writing, through channels by filing deadline. ARTICLE XXII - USE OF PER ONAL VEHI LE Employees will not be required to use their private vehicles in the performance of assigned duties, without payment of appropriate mileage reimbursements in accordance with prevailing Florida law. ARTICLE XXIII - SERVICES TO THE iNION The Employer agrees to furnish the Union with a list of the names, addresses, phone numbers, step and grade of the Employees within the bargaining unit as of the date of execution of this Agreement. Should the Union desire revised and updated lists 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 requests shall not be made more often than quarterly. The Employer will provide the Union one (1) bulletin board to be located in a mutually agreed upon location to be used solely by 28 the Union 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 Union recreational and social affairs; B. Notices of Union elections, appointments, and results of union elections; and C. Notices of Union meetings and educational classes. D. Any material deemed informative teeth general membership as approved by the Village Manager. The bulletin board shall not be used by the Union or its members to disseminate propaganda of any kind, to distribute political pamphlets or any other type of political matter, or for advertising. All notices shall clearly state that they are "Union Notices". The board will be approximately 2 x 3 feet in size. The Employer will furnish the Union office with a current copy of all written personnel regulations and the Union shall sign a receipt therefore. A duly authorized representative of the NAGS will be permitted to communicate official Union business to members of the Union of 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 Union representative shall comply with all applicable rules and regulations of the Smployer concerning visitors to Village property. A copy of all Union notices that are to be put on said bulletin board shall be forwarded to the Village Manager's office. 29 ' ARTICLE XXIV - WORK ASSIGNMENTS Any Employee temporarily assigned to a lower pay grade classification, shall be compensated at the rate of pay received in his regularly assigned pay grade classification. It is specifically recognized that the very nature of the services provided by the Village of North Palm Beach demands flexibility in job assignments and job descriptions and the Employer may assign tasks not common to a particular job description. Whenever it becomes necessary to assign tasks that are outside of a particular job description, those tasks shall be of a nature so as to bear a reasonable relationship to the Employees' job descriptions. In the event an Employee is directed and authorized in writing by the Village Manager to temporarily work in a high pay grade classification in excess of ten (10) consecutive working days, that Employee will receive the amount of pay set for his current step in the higher grade for the period of time worked in excess of the ten (10) day period. For Sanitation Department, a relief pension will be available whenever an Employee in this department is unable to work. Also, a drag line will be provided for each vehicle to facilitate handling of large trash piles. ARTICLE XXV - PAY ADVANCE An Employee may request his vacation pay checks in advance of t any scheduled and earned annual leave by submitting his request in 30 writing to the Employee's department head at least two (2) weeks prior to his first day of annual leave. ARTICLE XXVI - SAFETY. HEALTH AND COOPERATION 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 safe working force among the Employees at the Village. To this end the Union agrees to report to the Employer any unsafe conditions or Employees existing in the Village at any time during the term of this Agreement and the Union further agrees to cooperate with the Employer in the Employer's efforts to rectify any such situations. Any dangerous situation is to be reported immediately to the foreman. All accidents are to be reported to the foreman immediately. Job-related accidents are Covered by Workers Compensation Insurance. ARTICLE XXVII - OFF-DUTY EMPLOYMENT An Employee may accept and be employed in an occupation off- duty, without disciplinary action being taken against said Employee. Provided, however, that no Employee shall engage in off- duty employment which interferes in any way with his/her employment with the Village or his/her ability to perform his/her work assignments in the Village. Additionally, it is the responsibility of all shift personnel to insure that any such off-duty employment 31 allows a minimum of four (4) hours rest before the Employee reports ' for duty in the Village. It will be the responsibility of the Employee to notify the immediate supervisor and the Village Manager of his/her intentions to accept off-duty employment. Such request shall not be unreasonably denied, except where such off-duty employment shall be shown to reflect negatively on the reputation of the Village of North Palm Beach. ARTICLE XXVIII - POLITICAL ACTIVITY The parties understand that the Union is not the political representative of the Employees and neither the Union or 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. Such activities shall not be conducted in violation of State conflict of interest statutes. ARTICLE XXIX - EDUCATION AND TRA NIN Section 1. The Employer agrees to reimburse Employees for ' tuition or books incurred when enrolled in courses which have been 32 ' approved or directed by the Village Manager. To qualify for reimbursement, the Employee must show proof of receipt of a grade of "C" or better. Section 2. Employees required to attend job-related training for any reason outside their normal working hours shall be compensated at the rate of one and one-half (1 1/2) times their regular hourly salary. However, seminars and conventions are not included within the meaning of the term "training". Section 3. The Employee must agree in writing to stay in the employ of the Village for a period of one (1) year after the completion of the courses that have been paid for by the Village. If the Employee resigns or is terminated for any reason before the expiration of one (1) year, any money paid for tuition or books ' must be repaid to the Village. This repayment does not apply in the even of layoff or job abolishment. Books that are paid for by the Village shall remain the property of the Village. ARTICLE XXX - NEGOTIATION 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. ARTICLE XXXI - PENSION PLAN The Employer agrees to maintain the current pension plan now ' in effect for all bargaining unit members, so long as it is 33 provided for by the applicable Florida Statutes. ARTICLE XXXII - LONGEVITY PAY P AN The Village agrees to pay the following longevity increases: A. Three years of completed service............$ 300.00 B. Six years of completed service ..............$ 600.00 C. Nine years of completed service .............$ 900.00 D. Twelve years of completed service...........$1,200.00 Longevity pay will be paid annually and will be effective on the Employee's anniversary date. Any increases during the fiscal year will take effect from the Employee's anniversary date to the end of that fiscal year. Longevity will not be calculated in the base salary for pay ' raise purposes but will be computed in with base salary for retirement purposes. ARTICLE XXXIII - SALARY Each Employee currently in the bargaining unit as of the date of adoption of this contract, as amended, by the Village Council shall receive a four percent (4k) pay increase on their base salary retroactive to October 1, 1993 for the fiscal year 1993-94. In addition, there shall be a Salary Reopener for the fiscal year 1994-95 without prior notification. The Village shall make a good faith effort to conduct a Job and Salary Survey in an attempt to evaluate pay inequities of members of the Bargaining Unit and make ' those results available to the Union salary negotiations for the 34 ' fiscal year 1994-95. ARTICLE XXXIV - 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. Section 3. Any terms and conditions not addressed in this agreement, but found to exist in the Personnel Rules & Regulations and such terms and conditions do not infringe upon the prevailing rights of the collective bargaining unit then members of the collective bargaining unit shall be subject to those terms and conditions of the Personnel Rules & Regulations. ARTICLE XXV - SAFETY INCENTIVE AWARD Whenever an Employee completes one (1) year of service without receiving or causing any injuries on the job, a one time bonus equal to one day's pay shall be granted to the employee. Payment shall be made during the month of October. ARTICLE XXXVI - ATTENDANCE AWARD PROGRAM An Employee who uses four (4) or less days of sick leave per year shall receive one time bonus equal to one day's pay. Such ' bonus payment shall be made to the Employee during the month of 35 ' October. ARTICLE XXXVII - TERM OF AGREEMENT This agreement, as amended, shall be effective October 1, 1993 and shall remain in full force and effect to the thirtieth (30th) day of September, 1995. However, there shall be a reopener for Article XII Insurance Benefits, for fiscal year 1994-95, and Article XXXIII Salary's for fiscal year 1994-95, without further notification. At least one hundred twenty (120) days prior to the termination of this Agreement, either party hereto shall notify the other in writing of its intention to modify, amend or terminate this Agreement. In the event that neither party notifies the other ' of its intention to modify, amend or terminate this Agreement, the provisions and terms of this Agreement will be automatically extended for a period of one year and each year thereafter absent notification. In the event that either party notifies the other but both parties through negotiations are unable to reach a new collective bargaining agreement, this Agreement will remain in effect until a new Agreement is ratified by both parties. I u 36 1 IN WITNESS WHEREOF, THE PARTIES HAVE SET THEIR HANDS AND SEALS THIS 24th DAY IN MdrCh VILLAGE OF NORTH PALM BEACH - 1 ~~'_ ~~'~ YOR VILLAGE MANAGER ~~ VILLAGE CLERK 1 National Association of Government Employees By: /v~~ 37 NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES 1994 . PRESIDENT - E N P ATIVE Village of North Palm Beach