1999-068 SBWA Agreement Effective 10/1/1999•
SOLUTION NO. 68-99
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR
AND VILLAGE CLERK TO ENTER INTO AN AGREEMENT WITH SERVICE
AND BUSINESS WORKERS OF AMERICA, LOCAL 125, USWA, TCU, AFL-
CIO, CLC (SBWA) ATTACHED AS EXHIBIT "A", WHICH AGREEMENT
RECOGNIZES SBWA AS THE EXCLUSNE BARGAINING REPRESENTATNE
FOR ALL REGULAR FULL-TIME PAID EMPLOYEES OF THE VILLAGF.
CERTIFIED BY THE PUBLIC EMPLOYEES RELATIONS COMMISSION;
AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:
Section 1. The Village Council of the Village of North Palm Beach, Florida, does
hereby approve the agreement with Service and Business Workers of America, Local 125, USWA,
TCU, AFL-CIO (SBWA) attached as Exhibit "A", which agreement recognizes SBWA as the
exclusive bargaining representative for all regular full-time employees of the Village certified by the
Public Employees Relations Commission. The Agreement is to take effect October 1, 1999.
Section 2. The Mayor and Village Clerk are hereby authorized and directed to
execute the agreement with Service and Business Workers of America, Local 125, USWA, TCU,
AFL-CIO (SBWA) set forth in Exhibit "A" for and on behalf of the Village of North Palm Beach,
Florida.
Section 3. This resolution shall take effect immediately upon its adoption.
• PASSED AND ADOPTED THIS 9th DAY OF DECEMBER , 1999.
res/unron.res
(Village Seal)
ATTEST• ~~L~~
VILLAGE CLERK
•
AGREEMENT
BETWEEN
THE VILLAGE OF NORTH PALM BEACH
AND
SERVICE AND BUSINESS WORKERS OF AMERICA,
LOCAL 125, USWA, TCU, AFL-CIO, CLC
TABLE OF CONTENTS
• TITLE OF ARTICLE PAGE
Article 1 -Preamble ................................................................................................2
Article 2 -Recognition ............................................................................................3
Article 3 -Non-Discrimination ...............................................................................4
Article 4 -Management Rights ..............................................................................5
Article 5 -Vehicles, Equipment, Safety, Health and Cooperation .....................7
Article 6 -Grievance Procedure ............................................................................8
Article 7 -Disciplinary Appeals ...........................................................................14
Article 8 -Americans with Disabilities Act ........................................................16
Article 9 -Family Medical Leave .........................................................................17
Article 10 -Dues Deduction ..................................................................................18
Article 11 -Military Leave ...................................................................................19
Article 12 -Paid Vacation .....................................................................................20
Article 13 -Insurance Benefits .............................................................................23
Article 14 -Workers Compensation ....................................................................24
Article 15 -Seniority, Subcontracting, and Layoff ............................................25
Article 16 -Tool Replacement .............................................................................27
Article 17 -Sick Leave ..........................................................................................28
Article 18 -Legal Benefits ....................................................................................30
Article 19 -Drug and Alcohol Testing .................................................................31 .
Article 20 -Holidays ..............................................................................................33
Article 21 -Bereavement Leave ...........................................................................34
• Article 22 -Hours of Work and Overtime ..........................................................35
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 -Productivity .......................................................................................40
Article 28 -Recruitment and Employment .........................................................41
Article 29 -Union 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 and Training .....................................................................47
Article 34 -Pension Plan ..............................................:........................................48
Article 35 -Longevity ............................................................................................49
Article 36 -Wages .................................................................................................50
Article 37 -Miscellaneous .....................................................................................52
Article 38 -Safety Incentive Award .....................................................................53
Article 39 -Attendance Award Program ............................................................54
Article 40 -Call-Back/Emergency Compensation ..............................................55
Article 41-Certification Pay ................................................................................56
Article 42 -Term of Agreement ...........................................................................57
Signature Page ........................................................................................................58
Attachment I ...........................................................................................................59
Attachment II .........................................................................................................60
•
. ARTICLE 1- PREAMBLI;
This Agreement is entered into by the VILLAGE OF NORTH PALM BEACH, State of Florida, hereiaatter
referred to as the "Villagq and the SERVICE AND BUSINESS WORKERS OF AMERICA, LOCAL 125 -
USWA, TCU, AFL-CIO, hereinafter referred to as SBWA, ,for the purpose of promoting harmoniow
relation9 between the Village and the SBWA , to establish an orderly and peaceful procedure, to settle
differences which might arise and to set forth the basic and full Agreement behveen the parties concerning
rates of pay, houn of work and overtime and other conditions of employment as provided by law.
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ARTICLE 2 -RECOGNITION
• Section 1. The Village hereby recognizes the SBWA as the exclusive bargaining representative for all
regular full-time paid Employees in the unit certified by the Public Employees Relations Commission
certification #1231, Case No. RC-98-058, dated December 1, 1998 (attached es Attachment In.
Section 2. SBWA 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.
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ARTICLE 3 -NON-DISCRIMINATION
•Secrlon 1. All reference in this Agreement to Employees of 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 federal and state statutes regarding non-
discrimination.
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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.
P. 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.
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. 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
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management, may be required to perform other job related duties not specifically contained in their job
• dcscription. Consideration will be given to other Job related duties not specifically contained in their job
description to those personnel that are available at the time an additional duty is required, as described by
this section. Under no circumstances will a level of skill performed by a specific employee be compromised
for the sake of availability of an unskilled employee.
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 SBWA Accordingly, SBWA agrees that it
will ask its members to work diligently in order that the services performed meet the above standards.
Section S. Those inherent managerial functions, prerogatives and policy making rights which the
Village has not expressly modified or restricted by a specific provision of this agreement are not in any way
subject to the grievance and/or arbitration procedure contained herein.
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ARTICLE 5 -VEHICLES, EQUH'MENT, 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 Union agrees to report to the
Employer any unsafe conditions or Employees existing in the V111age 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 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. 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), and
will also be 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 S. 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. The parties agree to create a Safety Committee, composed of three representatives from the
SBWA and one representive from the Village, each to select its own members. The Safety Committee shall
meet at least once every six months to review workplace injuries, discuss workplace safety issues and
methods to avoid workplace injuries, review safety procedures and equipment, investigate products and
alternative procedures to create a safer workplace, to facilitate the implementation of this article and make
• recommendations to management for the purpose of correcting any hazards or inequities.
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ARTICLE 6 -GRIEVANCE PROCEDURE
• GRIEVANCE PROCEDURE ARBITATION
Section 1: In a mutual effort to provide a harmonious working relationship between the parties to this
Agreement, it is specifically agreed and understood that there shall be a procedure for the resolution of
disputes between the parties. For the purposes of this Article, a grievance is defined as, and limited to, any
dispute, difference or controversy involving the interpretation or application of this Agreement. A dispute
over disciplinary action shall be considered an appeal of disciplinary action unless otherwise grievabcc. If
the dispute is not covered by the grievance procedure as set forth in the Agreement then the dispute shall be
processed as set forth in Article 7.
Section 2: For the purpose of this Article, time is considered to be of the utmost importance. Accordingly,
any grievance not submitted and/or processed by the grieving party 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 ail rights to arbitration. Any
grievance not answered or processed by the Village within the time limits provided below shall be deemed
resolved in favor of the grievant.
Section 3: Grievances shall be presented in the following manner:
Step 1: In the event an employee covered by this Agreement believes that there is a basis for a
grievance, as that term is defined above, he shall first discuss the alleged grievance with the immediate
supervisor, and may be accompanied by a representative of the employee's choice, if so desired. This first
discussion shall take place within ten (10) work days of the occurrence of the events which gave rise to the
alleged grievance, or within ten (10) work days of when the employee knew or should have known of the
• existence of the events giving rise to the alleged grievance.
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Step 2: In the event [hat the employee is not satisfied with the disposition of the grievance at Step I,
he may Tile a formal grievance, on a form approved by the Village. Such a grievance must be filed within ten
(10) work days after the informal discussion is Geld at Step I. Said grievance must be in writing, must be
signed by the employee or the Union as his representative and must contain: (a) the date of the alleged
grievance; (b) the specific article(s) of this Agreement allegedly violated; (c) the facts pertaining to or giving
rise to the alleged grievances; and (d) the relief requested. The formal grievance shall be submitted to the
Department Head. The Department Head shall, within ten (10) work days after the receipt of the formal
written grievance, render his decision on the grievance in writing. Failure by the Department Head to reply
within the time period shall be held to be an approval of the grievance and the remedy sought.
Step 3: In the event that the employee is not satisfied with the disposition of the grievance by the
Department Head at Step 2, he/she shall have the right to submit the grievance to the Village Manager
within ten (10) work days after the disposition. Such grievance must be accompanied by the filing of a copy
of the original written grievance. The Village Manager shall, within ten (10) work days of receipt of the
grievance, render his decision in writing.
If the Village Manager shall fail to reply in writing, such failure shall be deemed as an approval of the
merits of the grievance or dispute and the remedy sought.
Section 4: Where a grievance is general in nature in that it applies to a number of employees having the
same issue to be decided, or if the grievance is directly between the Union and the Village, it shall be
presented directly at Step 3 of the grievance procedure, within the time limit provided for the submission of
the grievance at Step 2, and signed by the aggrieved employees or the union representative on their behalf.
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Section 5: In the event a grievance processed through the grievance procedure has not been resolved at Step
• 3 above, either party may submit the grievance to arbitration within ten (10) work days after the Village
Manager's disposition of the grievance. Such request shall be in writing to the other party, and if delivered
by mail, postmarked within ten (10) days of the Village Manager's disposition of the grievance. The
arbitrator may be any impartial person mutually agreed upon by the parties. However, in the event the
parties are unable to agree upon said impartial arbitrator, the parties shall jointly request the Federal
Mediation and Conciliation Service to furnish a panel of seven (7) names from which each party shall have
the option of striking three (3) names in alternating fashion, until the parties select a neutral or impartial
arbitrator. The party striking first shall be determined by the toss of a coin. The selection process shall
occur within five (5) work days of receipt of the panel list.
Section 6: Whenever the grieving party is satisfied with the disposition of the grievance at any step of the
grievance procedure, or if the grieving party does not process the grievance in accordance with the specified
time limits, processing of the grievance by the Village will automatically stop. However, a grieving employee
may not partially reject a disposition of his grievance. The employee must either accept or reject the
disposition of his grievance, in its entirety. Thus, for example, if any employee grieves a termination, and is
ordered reinstated without back pay at one of the steps of the grievance procedure, he may not accept the
reinstatement and continue to grieve the loss of back pay. His only choices would be to accept the disposition
of his grievance, or remain discharged and pursue the grievance further.
Section 7: For the purposes of this Agreement, the term "work day" is defined to include every day except
Saturdays, Sundays, and days designated as holidays by this Agreement, regardless of whether the grievant
is on duty or off duty.
Section 8: The time limits contained herein are to be strictly adhered to and may only be extended by
• written agreement between the parties.
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. Section 9: The Village and the grieving employee shall mutually agree in writing as to the statement of the
grievance to be arbitrated prior to the arbitration hearing, and the arbitrator, thereafter, shall confine his
decision to the particular grievance thus specified. In the event the parties fail to agree on the statement of
the grievance to be submitted to the arbitrator, 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 10: The arbitrator may not issue declaratory opinions and shall confine himself exclusively to the
questions(s) presented to him, which questions(s) must be actual and existing.
Section 11: 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 12: The arbitrator's award shall be final and binding on the parties.
Section 13: For the first ninety (90) days of consecutive service with the Village an employee is
probationary. That is, the employee serves at the will and pleasure of the Village and thus he may be
.disciplined or discharged without explanation or for any reason deemed sufficient by the appropriate
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Village official. Accordingly, probationary employees shall have no right to utilize this grievance/arbitration
. procedure for any matter concerning discharge, suspension or other discipline.
Section 14: The SBWA representative will be furnished by the Village, a copy of each grievance filed by an
employee within the bargaining unit.
Section 15: The Union will not be required to process the grievance of non-members. The union will not be
responsible for grievances proceeding to arbitration without being first notified by the Village in writing
(and with a copy of the grievance) by the Village in a timely manner. The Union representative will have
his/her name, address and ail contact numbers on file with the Village.
Section 16: The parties agree that the settlement of any grievance by the parties prior to a decision by an
arbitrator shall not constitute an admission that the contract has been violated nor shall such settlement
constitute a precedent for the interpretation or application of the provisions of this Agreement.
Section 17: 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) work days prior to
commencement of an arbitration hearing on the grievance itself.
If the Village does not agree that the matter is arbitrable, notification shall be sent to the grieving
employee of such within ten (10) work days of receipt of the grieving employee 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 arbitrator within ten (10) work days of selection of the
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arbitrator. The arbitrator shall render the decision within fifteen (15) work days of receipt of the parties'
.submissions.
Whichever party loses on the issue of arbitrability shall pay the costs involved in that proceeding.
If there is no objection by either party to the arbitrabllity 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:
1. An employee who wishes to challenge any disciplinary action, shall Tile a notice of appeal to
his/her department head. When an employee has received a written counseling, the employee
may, within ten (10) work days of receipt of the written counseling, submit a written rebuttal
which shall be attached to the written counseling document in the employee's personnel file.
2. Upon receipt of a notice of appeal, the department head shall have ten (IO) work days to review
the discipline and to advise the employee that the discipline is either (i) sustained; (ii) reversed;
or (iii) modified. Failure of the department head to respond within ten (10) work days shall
constitute a determination that the discipline is sustained.
3. An employee who is not satisfied with the department head's decision can further appeal a
discipline to the Village Manager. Upon receipt of a notice of appeal, the Village Manager shall
have ten (10) work days to review the discipline and to advise the employee that the discipline is
either (i) sustained; (ii) reversed; or (iii) modified. Failure of the Village Manager to respond
within ten (10) work 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.
4. An employee who is not satisfied with the Village Manager's decision can further appeal a
discipline greater than a written reprimand to arbitration using the same procedure for
appointment of an arbitrator as set forth in Article 6 above. The request for appointment of an
arbitrator must be made to the Village Manager in writing within ten (10) work days of the
Village Manager's decision. 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.
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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 ten (10) work days notice to the employee.
•
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ARTICLE 8 -AMERICANS WITH DISABILITIES ACT
• The SBWA and the Village agree to comply with the Amerlcaos with Disabilities Act (ADA) and hereby
incorporates by reference, in their entirety, Articles 5.02 and 5.03 of the Village's Personnel Rules and
Regulations. 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 9 -FAMILY MEDICAL LEAVE
• Both parties agree to abide by and implement the Family Medical Leave Policy in accordance with
the Village's Personnel Rules and Regulations under Section 9.01 adopted here by reference.
•
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ARTICLE 10 -DUES DEDUCTION
.Section 1. Employees covered by this Agreement may authorize payroll deductions for the purpose of
paying dues. Requests for same must be in writing on a form clearly indicating that the member wishes to
have SBWA dues deducted from his paycheck. No authorization shall be allowed for payment of initiation
fees, special assessments, fines, penalties or delinquent dues.
Section 2. SBWA will notify the Finance Director as to the amount of dues. This notice must state the
weekly amount 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 SBWA at least thirty (30) work
days in advance otthe effective date. Changes in membership dues will be similarly certified to the Finance
Director and shall be done at least thirty (30) work days in advance of the effective date of such change.
Section 3. SBWA 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 SBWA dues. SBWA agrees that in case of overpayment,
proper adjustment, if any, will be made by SBWA 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 SBWA .
Section S. The payroll deduction shall be revocable by the employee by providing thirty (30) work days
written notice to both SBWA and the Village Manager.
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ARTICLE 11-MILITARY LEAVE
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The SBWA and the Village agree to comply with State and Federal law regarding military leave and hereby
incorporates by reference in its entirety Article 9.02.09 of the Village's Personnel Rules and Regulations.
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 I. Vacation days accrue, but may not be taken during the first ninety (90) days of employment.
Exceptions to this general rule may be made by the Department Head in his discretion. All personnel who
have completed their first ninety (90) days of probation or more of full-time employment shall be entitled to
take vacation with pay in accordance with the following accrual schedule:
Less than ninety days (employee may accrue, but cannot take) at the rate often days per year
0 but less than 7 years
7 but less than 12 years
10 days (80 hours)
15 days (120 hours)
12 years and over 20 days (160 hours)
Section 2. Vacation shall be included in the computation of the ninety (90) days (probationary period)
of required full service (i.e. the probationary employee earns and accrues vacation, but cannot take them
until completion of the probationary period).
Section 3. All employees twice yearly shall select 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.
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. Employment terminated without
cause, or by layoff, or by retirement, illness or injury, shall not affect payment of earned vacation time. An
employee shall not lose his vacation with pay if incapacitated due to an injury or illness incurred in the line
of duty. The vacation time shall be reassigned upon return to duty. If employment is terminated by death,
the estate of the employee shall receive payment for the earned vacation time.
Section S. 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 the unused days accrued
. during the employee's previous two year period. Any employee other than an employee who is discharged
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for cause, who voluntarily terminates, retires or dies while employed by the Village shall receive payment
• equal to 100% of the unused days of vacation accrued during the two year period prior to termination,
retirement, or death.
Section 7. Unused Vacation Reimbursement: The purpose of the annual vacation leave reimbursement
program is to establish guidelines and criteria by which eligible employees may submit to the Village a
reimbursement request for certain levels of unused vacation.
a. In accordance with Article 12, Section 1, regular full-time employees can earn up to a certain
number of days based on their length of service with the Village for purposes of vacation. In
accordance with Section 6 of Article 12, the employee cannot accrue more than two years worth
of vacation time.
b. When an employee accrues ten (10) days of vacation time (i.e. 80 hours), he will have achieved
the minimum threshold base making him eligible for reimbursement.
c. Once the employee has reached the base, the employee must have used eighty (80) hours
vacation time within a respective fiscal year in order to be eligible for reimbursement of
additional unused vacation days by the Village.
d. Reimbursement by the Village will be on a 100% (dollar-for-dollar basis) whereby for every
unused vacation day above the ten days (80 hours), the employee will be reimbursed at his
current hourly rate for each hour/day of unused vacation time.
e. The reimbursement will be strictly voluntary at the request of the employee. The employee can
only submit a request once per year during the month of October, immediately following the
fiscal year for which application is made. The Village will be obligated to reimburse the
employee for its annual vacation leave reimbursement request no later than November 30 of the
current fiscal year.
f. Once the employee has received reimbursement for the unused vacation time above the
minimum threshold base, the employee no longer possesses those unused vacation leave days, but
• loses them due to the reimbursement. Auy time an employee's overall total days hours of
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vacation time drops below the base, they become ineligible for reimbursement until such time as
• their minimum threshold base has accrued back to the minimum ten days.
g. The Finance Director will be responsible for establishing a reimbursement form and accounting
for the base vacation days and other data necessary to financially administer this program.
h. The employee will be required to sign a certification/affidavit confirming that the
reimbursement for the annual vacation leave days hours is final and will not be subject to the
grievance process.
i. The employee will be reimbursed at the hourly rate earned as of September 30 for the fiscal year
for which application was made.
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ARTICLE 13 -INSURANCE BENEFITS
Section 1. The Village will pay 100% of the Employee's Individual Health Insurance Coverage,
including the dental plan, and pay 50% of the employee's dependents' coverage, including the dental plan.
Section 2. The Village will provide and pay for Employee's Life & Accidental Death Insurance in the
amount of two times the Employee's Annual Salary rounded to the nearest One Thousand Dollars, with a
maximum of $100,000.00.
Section 3. The Village shall retain the right to determine the insurance carrier or it may self-insure if it
so desires.
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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 against any employee attempting to exercise
his rights under that statute.
Section 3. In the event an employee is on workers' compensation, the employee, at his or her discretion,
may elect to supplement his or 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 or 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 workers' comp income to receive more than his net income received prior to
his or her injury.
•
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ARTICLE 15 -SENIORITY, SUBCONTRACTING, AND LAYOFF
• Secrron 1. Seniority sf~all 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 six (ti) 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 six (6) months
from the date of layoff, that laid off Employee shall have the right to fill that position. Probationary
Employees shall have oo recall rights.
Section 5. Regular full-time Employees on layoff status will retain recall rights for six (6) months.
Recall will be made 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 limits previously stated above shall constitute a voluntary resignation
•by the Employee.
25
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.
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ARTICLE 16 -TOOL REPLACEMENT
• Section 1. Employees who are required to provide 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 uneFSable inoperable for its intended purpose, while the employee was engaged in his
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 costa, and to otherwise ensure that this
article is not abused by the employee. The Village will not reimburse for lost tools. The damaged tool, or a
portion thereof, must be submitted as proof of necessity for replacement.
Section 2. Per paragraph A above, the maximum amount reimbursable for any one tool is limited to
fifty dollars ($50) per tool, per year, with a combined total reimbursement for employee per year limited to
two hundred and fifty dollars ($250.00).
Section 3. The following positions are the only positions qualified for tool replacement:
1. Vehicle Mechanic I
2. Vehicle Mechanic II
3. Carpenter
4. Maintenance Mechanic
5. Building Maintenance Technician
6. Irrigation Mechanic
7. Maintenance Mechanic -Golf
8. Building Technician
9. Clubhouse Maintenance
10. Electrician
27
• ARTICLE 17 -SICK LEAVE
Section 1. 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, with no maximum,
commencing with the first day of the month following their probationary period. 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. However, an employee terminated for misconduct or cause shall not be entitled to
receive accumulated sick leave pay. Employees shall receive upon voluntary termination, retirement
or death while in the service of the Village, a sick leave payment of fifty percent (50%) of the unused
accrued sick leave days, not to exceed thirty (30) days total.
Section 2. Employees who have satisfactorily completed their probationary period, and who
incur anon-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 an 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, either directly or through a responsible individual, unless mitigating factors
prevented such notification, may be regarded as insubordinate or a violation of any rule or
regulation of the Village depending upon the actual reason for not giving notification.
Section S. Since it may 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
28
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 be limited to, an
Employee taking sick leave as it is earned or establishing a pattern of taking 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.
Section 8. Sick leave reimbursement is hereby incorporated by reference to the Personnel Rules
and Regulations Section 9.03 with the exception of 9.03.02.a. This Section of Article 15 is retroactive
to May 1999. In the event of involuntary termination, this Section is not applicable and the
employee receives no sick leave reimbursement benefit.
•
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ARTICLE 18 -LEGAL BENEFITS
. The Village will provide legal defense for a bargaining unit member against civil damage suits where
the member is named as a party and the lawsuit seeks damages based upon the alleged negligence of
the member while acting within the scope of his or her employment. The Village will indemnify all
bargaining unit members against any judgments levied against them as a result of their actions
when said actions are within the scope of their employment.
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ARTICLE 19 -DRUG AND ALCOHOL TESTING
. Section 1. The Village has a drug free workplace policy listed in Section 10.02 of the Village's
Personnel Rules and Regulations. Section 10.02 of the Village's Rules and Regulations is hereby
adopted by reference and made a part of this agreement.
Section 2. The use, possession or sale by an employee of alcohol 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. Employees are required to submit the Village's form for reporting the uses of
prescription and non-prescription medication (see Attachment 1 of this agreement).
Section 4. The Vitlage 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.
Section S No such search or test shall begin until the employee has been offered the right to
have a Union representative present and to confer in private with that representative. The presence
of representation does not negate the Village's right to search or test. The employee shall not be
entitled to delay a test beyond the day within which it is requested.
Section 6. The Village will have the right to require an employee to submit to appropriate drug
and alcohol tests during the employee's working hours io accordance with local, State and Federal
• laws.
31
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 may be grounds for discipline up to and including discharge.
Section 8. In the event an employee test positive for alcohol or illegal drugs, a second test shall
be immediately conducted to verify the accuracy or inaccuracy of the first test. This may be
accomplished through split sample testing.
Section 9 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 so choose.
Section 10. Refusal of the employee to report for or 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 11. All drug testing performed 6y the Village shall be in conformity with the testing
procedures outlined in Florida's Workers' Compensation statutes.
L
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ARTICLE 2ll- HOLH)AYS
• Section 1. The following shall be considered paid holidays for regular, full-time Employees
covered by this Agreement:
1. New Year's Day
2. Memorial Day
3. Independence Day
4. Martin Luther King Day
5. Labor Day
6. Veterans' Day
7. Thanksgiving Day
8. Friday following Thanksgiving Day
9. Christmas Eve Day
10. Christmas Day
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 'h) 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.
•
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ARTICLE 21 -BEREAVEMENT LEAVE
.Section 1. When a death (or a critical illness in which death appears to be imminent) 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 defined as: father (natural or step), mother
(natural or step), brother or sister (natural, half, or step), spouse, child, father-in-law, mother-in-law,
grandparents, son- or daughter-in-law, foster parents, stepparents, uncle/aunt, nephew/niece, first cousins,
brother-in-law and sister-in-law.
Section 3. In the event travel of four hundred (400) or more miles one way is required, an additional
one (1) day will be granted by the Department Head,
34
ARTICLE 22 -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 '/,) times the basic pay will be
paid for all hours worked over the normal workweek in any week. The Employer agrees that Employees
covered by this Agreement shall work no more than one forty (40) hour cycle per seven (7) day pay period
with appropriate intervening consecutive days off, unless duties require overtime.
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. 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 S. 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.
Section 6. During declarations of emergencies, employees will be afforded an off-duty rotation in the
event they are 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.
•
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ARTICLE 23 -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 as if they have been enjoyed by all Employees covered by this
Agreement.
•
36
ARTICLE 24- 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 6e 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.
37
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 Union 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.
•
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ARTICLE 26 -CONTRACT CONSTITUES ENTIItE AGREEMENT OF THE PARTIES
• The Village and SBWA 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 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
settles all matters of collective bargaining for and during its term.
•
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ARTICLE 27 -PRODUCTIVITY
. SBWA 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, SBWA pledges that it will
actively promote and encourage Employees to increase their productivity and raise their level of service in
order to provide and maintain the delivery of services at the highest possible level.
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ARTICLE 28 -RECRUITMENT AND EMPLOYMENT
. All new bargaining unit Employees that are on probation will remain so for a maximum period of
ninety (90) days. The Village may extend the probationary period up to an additional ninety (90) days 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. New Employees are not required to join the Union
to work at the Village. Union membership is voluntary.
•
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ARTICLE 29 -UNION 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 Union with a list of the names, addresses, phone
numbers, annual and hourly salary 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
Section 3. A duly authorized representative of the SBWA will be permitted to communicate official
Union business to members of the Union 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 Union 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 the Union with a current
copy of all written personnel regulations The Village will forward any subsequently adopted personnel
regulations to the Union within 14 days of their adoption.
Section S. Each employee who so chooses may annually contribute up one day of annual leave to the
Union time pool. The employee shall indicate this choice in writing to the Finance Director or his designee.
This pool time shall be available for Union representatives, not to exceed three personnel per year, eft+eers
wud-agents to conduct Union business, other than collective bargaining negotiations, such as conferences and
steward training, provided that:
(1) A written request for the use of Union pool time is submitted to the Department Head or his
• authorized representative at least seven (7) working days in advance of the requested time off.
42
(2) Sufficient manpower is available in the regular shift to maintain efficiency of operations during
• the absence of the SBWA officers and/or agents as determined by the Department Head or his
designated representative.
Union pool time shall be accounted for as conference leave time as defined in the Village's Personnel Rules
and Regulations.
Section 6. The Employer will provide the Union five (5) glass covered, locking bulletin boards to be
located in mutually agreed upon locations to be used solely by 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,
C. Notices of Union meetings and educational classes,
D. Notices of official Union business; and
E. Any material deemed informative to the general membership
The bulletin boards shall not be used by the Union or its members to distribute political pamphlets or any
other type of political matter, or for advertising. The Union agrees not to post any material defamatory to
the Village, or its insert or its representatives on the bulletin boards. All notices shall clearly state that they
are "Union Notices:' The boards will be approximately 3 x 3 feet in size. A copy of all Union notices that are
to be put on said bulletin board shall 6e 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 regularly assigned pay grade classification.
Section 2. It is specifically recognized that the very nature of the services provided by the Village of
North Palm Beach demands Oexibility in job assignments and job dcscriptions 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.
Section 3. In the event an Employee is directed and authorized in writing by the Village Manager to
temporarily work in a higher pay grade classification in excess of 5 consecutive working days, that
Employee shall be paid five percent (5%) above the individual's present base rate for the period of time
worked in excess of the five day period. bSectlon 4. For Sanitation Department, a relief person will be
available whenever an Employee in this department is unable to work.
•
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ARTICLE 31-OFF-DUTY EMPLOYMENT
.Seefien-~~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 off-duty
position during the pendency of the request for an opinion, but does so at his own peril.
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ARTICLE 32 -POLITICAL ACTIVITY AND VOTING
Section 1. Neither the Union 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. Such activities shall not be conducted in
violation of State conflict of interest statutes.
I 1
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ARTICLE 33 -EDUCATION AND TRAINING
• Section 1. The Employer agrees to reimburse Employees for tuition or books incurred when enrolled in
courses which have been approved or directed by the Village Manager. To qualify for reimbursement, the
Employee must show proof of receipt of a passing grade.
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 '/:) 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
(I) year after the completion of the courses that have been paid for by the V111age. If the Employee resigns
or is terminated for any reason before the expiration of one (I) year, any money paid for tuition or books
must be repaid to the Village. This repayment does not apply in the event of involuntary layoff or job
abolishment. Books that are paid for by the Village shall remain the property of the Village.
47
ARTICLE 34 -PENSION PLAN
•Seclion 1. The Employer agrees to maintain the current pension plan now in effect for all bargaining
unit members
•
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ARTICLE 35 -LONGEVITY
Effective October 1, 2000 the Village agrees to pay the following amounts as part of the employee's base pay
rate, to employees being paid longevity pay, and will no longer pay those amounts as separate longevity pay.
The Village agrees to pay longevity as a separate lump sum payment from October 1, 1999 through
September 30, 2000.
Three years of completed service - $300.00
Six years of completed service - $600.00
Nine years of completed service - $900.00
Twelve years of completed service - $1,200.00
49
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ARTICLE 36 -WAGES
Section 1. Effective upon ratification of this agreement and retroactive to October 1, 1998, each
employee covered by this agreement will receive a three (3) percent base wage increase.
Section 2. Effective October 1, 1999 each employee covered by this agreement will receive a four (4)
percent base wage increase.
Section 3. In June 2000, each employee covered by this agreement shall receive a performance
evaluation. The evaluation shall result in a performance score of ether "Outstanding", "Exceeds
Expectations", "Meets Expectations" or "Below Expectations". The department shall use the performance
evaluation forms developed in conjunction with the Pay for Performance Policy outlined in Article 12.02 of
the Village's Personnel Rules and Regulations.
Section 4. Effective the first pay period of October 1, 2000, each employee covered by this agreement
shall receive a three (3) percent base wage increase and a performance based percentage increase between
zero (0) percent and three (3) percent based on their individual performance rating from the June 2000
evaluation.
Section S. In June 2001, each employee covered by this agreement shall receive their annual evaluation.
The evaluation shall result in a performance score the same as the categories listed in Section 3 above.
Section 6. Effective the first pay period of October 1, 2001, each employee covered by this agreement
shall receive a two (2) percent base wage increase and a performance based percentage increase between
zero (0) percent and four (4) percent based on their individual performance rating from the June 2001
evaluation.
Section 7. The SBWA and the Village agree to incorporate by reference the minimum-maximum salary
ranges as adopted from time to time by the Village Council. The minimum-maximum ranges are made a
part of the Personnel Rules and Regulations and are hereby incorporated by reference in their entirety. The
.Village agrees that any adjustments or changes to the ranges will not decrease or negatively impact an
employee's current or present wage at the time adjustments are made to the ranges. Should updates to the
50
range result in an increase in the employee's current or present wage, the SBWA agrees to allow, without
• negotiation, said adjustments to the extent that the adjustments will be limited only to bring employees
current or present wage up to the range minimum and allow for decompression of other salaries at or just
above the range miuimum in order to avoid '1leapfrogging" of wages by junior employees over senior
employees.
•
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•
ARTICLE 37 -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 SBWA agrees that all employees covered under this agreement shall comply with all Personnel
Rules and Regulations, including those relating to conduct and work performance, and except where the
agreement conflicts with said regulations, the agreement terms shall prevail.
•
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• ARTICLE 38 -SAFETY INCENTIVE AWARD
Whenever an Employee completes one (1) year of service without receiving or causing any injuries on the
job, cone-time bonus equal to one day's pay shall be granted to the employee. Payment shall be made
retroactive to the month of October 1999. This benefit will cease to exist following pay-out of one time
bonuses for FY 98-99. All future references to safety incentive will be incorporated in the Pay for
Performance evaluations.
•
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ARTICLE 39 -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. Payment shall be made retroactive to the month of October 1999. This benefit will cease to exist
following pay-out of one time bonuses for FY 98-99. All future references to safety incentive will be
incorporated in the Pay for Performance evaluations.
•
54
ARTICLE 40 - CALL•BACK/EMERGENCY COMPENSATION
• Section 1. If an employee is called back to work for an emergency or called back outside of his
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 the overtime rate. The department head and/or
superintendent shall rotate the assignments of call-bacWoa-call overtime to employees as equally as
practicable based upon their qualifications for the assignment, distributed on a rotating basis by the
departmental seniority of the person.
•
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The SBWA ARTICLE 42 -TERM OF AGREEMENT
Section 1. This agreement shall be effective October 1, 1999 and shall remain in full force and effect to
the 30th day of September 2002.
Section 2. 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.
Section 3. Reopener. Both parties agree that each will have the opportunity to reopen negotiations for
the purpose of negotiating not more than two articles per year, except Articles 36 and 42, per party. Each
party shall notify the other in writing no later than June 30 of each year of their request and intent to
reopen negotiations. The written notice shall state the one or two articles the party desires to reopen for
negotiations.
•
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ARTICLE 41 -CERTIFICATION PAY
• The SBWA and the Village agree to provide certification pay and hereby incorporate by reference, Section
4.06(e), titled "Certification and License Pay" of the Personnel Rules and Regulations.
•
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•
•
SIGNATURE PAGE
THE VILLAGE OF
NORTH PALM BEACH
MAY R '
~~
VILLA E CLE
Date of Ratification by Bargaining Unit: ~a - 7 q/ 9
Date of Ratification by the Village: ~~ - ~~ / 9
58
SERVICE AND BUSINESS WORKERS
OF AMERICA, LOCAL 125, USWA,
ATTACHMENTI
THE VILLAGE OF NORTH PALM BEACH
Form for Reporting the Use of Prescription or Non-Prescription Medication
Name:
Date:
Prescription Medication:
Non-Prescription Medication:
Signature:
Print Name:
Social Security Number:
WARNING: It is employee's duty to determine if the use of the above listed medication(s)
.will impair the employee
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. ATTACHMENT II
STATE OF FLORIDA
PUBLIC EMPLOYEES RELATIONS COMMISSION
SERVIC'e AND BUSINESS WORKERS
OF AMERICA, LOCAL 125, USWA,
SEIU, A.cL-CIO, CLC, ,
Petitioner, Case No. RC-98-OSB
"~ VERIFICA9CION ~F ELECTION
RESULTS: ~:fRTI ICATZON
VILLAGE OF NORTH PALM BEACH, 4F EXCL•USIVE CO •-CTrvR
BARGAINING REDP7GR.NTam ran, w~
Respondent, REVOCATION OF C$RTZFICA~'~L
v.
NATIONAL ASSOCIATION OF .
GOVERNMENT EMPLOYEES, .
Intervenor.
Noah Scott Warman, Coral Gables, attorney for petitioner.
James A. Cherof, Fort Lauderdale, attorney for respondent.
Winston K. Borkowski, Ormond Beach, attorney for intervenor.
A secret ballot election was conducted November 13, 1998, in
the following unit:
INCLUDED: Accountant I; Accounting Clerk I;
Accounting Clerk II; Administrative
secretary, Country Club; Art Instructor;
Assistant Manager - pool; Building
Inspector; Carpenter; Cashisr; Code
Enforcement Officer; Custodian; Driver;
Equipment Operator; Equipment
Operator II; General Service Clerk; Golf
Course Cart Attendant; Golf Course
Cashier; Golf Course Starter; Gzeensman;
Grounds Foreman; Housekeeper; Irrigation
Mechanic; Laborer II; Librarian;
Librarian i; Library Assistant; Library
Secretary; Lifeguard; Maintenance Man;
• Maintenance Mechanic; Parkskeeper; Pool
Cashier; Recreation Leader; Recreation
Program Director; sanitation Collector;
starter; Storekeeper; Tennis Cashier;
Tennis Court Attendant; Truck Driver;
and Vehicle Mechanic I.
.;el
RC-98-058 •~
t r.
e ~'
F.XCL•CtDED: Village Manager; Administrative Secre-
tary to village Manager; village Clerk;
Director of Department of Finance;
Director of Public Safety Department;
Administrative Secretary to the Director
of the Public Safety Department; Public
Safety Captain; Fire Chief; Fire Medic;
Public Safety Lieutenant; all sworn
Police Officers; Dispatchers; Director
of the Public Service Department; Admin-
istrative Secretary to the Director of
Public Service Department; Deputy
Director of Public Service Department;
Public Works Supervisor; Sanitation
Supervisor; Facilities Maintenance
Foreman; vehicle Mechanic II; Parks
Maintenance Foreman; Street Maintenance
Foreman; Director of Recreation Depart-
ment; Director of County Club; Golf
Course Superintendent; Director of
Department of Library; Library Pages;
and all other employees of the village
of North Palm Beach.
The election results are as follows:
i. Approximate number o£ eligible voters - ?Q
2. Void ballots p
3. votes cast for Petitioner ~g
a. Votes cast for Intervenor ~
5. votes cast against participating organization(s) ~
6. Valid votes counted
7. Challenged ballots ~
8. valid votes counted plus challenged ballots §~
9. Challenges are not sufficient to affect the results
of the election.
The Commission vERIFIHS the results of the election
conducted November 13, 1998. Service and Business Workers of
America, Local 125, USWA, SEIU, AFL-CIO, CLC received a majority
of the valid votes plus challenged ballots.
Pursuant to Section 447.307(3)(b), Plorida Statutes, the
Commission CERTIFIES the Service and Business Workers of America,
Local 125, USWA, SEIU, AFL-CIO, CLC (OR-95-007) as the exclusive
bargaining representative for employees in the unit described
above. Certification number.}~_ is issued to the Petitioner.
Certification number ~, previously issued to National
Association of Government Employees, is hereby revoked.
• 2
RC-98-058
• This order may be appealed to the appropriate district court
of appeal. A notice of appeal must be received by the Commission
and the district court of appeal within thirty days from the date
of this order. Except in cases of indigency, the court will
require a filing fee and the Commission will require payment for
preparing the record on appeal. Further explanation of the right
to appeal is provided in Sections 120.68 and 447.504, Florida
Statutes, and the Florida Rules of Appellate Procedure.
Alternatively, a motion foz reconsideration may be filed.
The motion must be received by the Commission within fifteen days
£rom the date of this order. The motion shall state the parti-
cular points of fact or law allegedly overlooked or misappre-
hended by the Commission, and shall not reargue the merits of the
order. For further explanation, refer to Florida 'Administrative
Code Rule 38D-15.005.
it is so ordered.
MAFION, JR., Chairman, GERT2 and JACKSON, Commissioners,
concur.
T HERESY CERTIFY that this document was filed and a copy
served on each party on ,/~.f~»b~ 1 1998.
C erc
/las
• .~