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2010-58 FPE Collective Bargaining AgreementRESOLUTION 2010-58 • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE AND THE FEDERATION OF PUBLIC EMPLOYEES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the prior Collective Bargaining Agreement between the Village and the Federation of Public Employees, a division of the National Federation of Public and Private Employees, AFL-CIO ("FPE") expired on September 30, 2010; and WHEREAS, the Village and the FPE have negotiated a new three-year Collective Bargaining Agreement effective retroactive to October 1, 2010 and Village Administration recommends Council approval of the new Collective Bargaining Agreement; and WHEREAS, the Village Council determines that the approval of the new Collective Bargaining Agreement is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. Section 2. The Village Council hereby approves a new Collective Bargaining Agreement between the Village and the Federation of Public Employees, a division of the National Federation of Public and Private Employees, AFL-CIO, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the Collective Bargaining Agreement on behalf of the Village. Upon ratification by the FPE, the Agreement shall be retroactive to October 1, 2010 and shall expire on September 30, 2013. Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 28th DAY OF OCTOBER 2010. (Village Seal) `~ 6i~ OR ATTEST: VILLAGE CLERK ~ ~~ AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH AND FEDERATION OF PUBLIC EMPLOYEES, A DIVISION OF THE NATIONAL FEDERATION OF PUBLIC AND PRIVATE EMPLOYEES, AFL-CIO October 1, 2010 to September 30, 2013 e Vil e FPE -z- L£ ...................................................................................asnul~ ~mq~.~anaS - ~Z aia~' 9 £ ........................................................ .............................. sIgBRI BugiBea.~d - £Z aja?~-~~' ££ ................................................................. atayianp pug ~aoM;o s.~nog - ZZ ajaw~ Z£ .................................................................................. anBaZ ;uaiuanga.~ag - TZ aia~~' rc ...................................................................................................... ~gPRoH - OZ aiaU-~' 6Z ........................................................................$~sa~ iogoa~ pue BniQ - 6I aia~~' 8Z ........................................................................................... s;gauag iu8a7 - 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p£ aia~ Zb .................................................... sa~apnud puB si~RI 1~i0I,L~'2I~Q~3 - 6Z aW!a-i~' T~ ...................................................................................................uo~ggo.~d - gZ aia~~ 0~ .................................................................................................... pan.iasag LZ aia 6£ .........................sa~gd aq~;o ;uamaa.~~~ an;u~ sa;n;~suo~ ;aB.~;uo~ - 9Z aiap~~' 8£ ................................................................................................... a~;s off _ SZ aiail-i~v' ~. c, ~~ ARTICLE 1-PREAMBLE This Agreement is entered into by the VILLAGE OF NORTH PALM BEACH, State of Florida, hereinafter referred to as the "VILLAGE", and the FEDERATION OF PUBLIC EMPLOYEES, A DIVISION OF THE NATIONAL FEDERATION OF PUBLIC AND PRIVATE EMPLOYEES, AFL-CIO, -hereinafter referred to as "FEDERATION", for the purpose of promoting harmonious relations between the VILLAGE and the FEDERATION, to establish an orderly and peaceful procedure, to settle differences which might arise and to set forth the basic and full Agreement between the parties concerning wages, benefits, and other conditions of employment as provided by law. All reference to Village means the Village of North Palm Beach All reference to Village Manager means the Village Manager or his designee. All reference to day means calendar day. All reference to member(s) means dues paying bargaining unit member(s) All reference to employee(s) means bargaining unit member(s) regardless of dues paying status. -4- ~I ~., ARTICLE 2 -RECOGNITION Section 1: The VILLAGE hereby recognizes the FEDERATION as the exclusive bargaining representative for all regular full-time paid Employees in the unit certified by the Public Employees Relations Commission Number 1537, case number EL-2004-067, dated February 4, 2005. Section 2. FEDERATION recognizes the VILLAGE Council as the elected representatives of the citizens of the VILLAGE of North Palm Beach and the legally constituted authority responsible for the determining the purpose, mission and operations of the VILLAGE. Section 3. FEDERATION recognizes zhe Village Manage-r-as-the-C~i~f-Execux3veOfficer-of the Village responsible for administration of the Village and the employee workforce. -5- ~~~ ~, ARTICLE 3 -NON-DISCRIMINATION Section 1. The VILLAGE and the FEDERATION agree that all articles of this Agreement shall be applied to all employees covered by it and that the VILLAGE and the FEDERATION affirm their joint opposition to any discriminatory practice in connection with employment, promotion, or training, remembering that the public law and public interest require no discrimination on account of race, color, creed, disability, national origin, age, sex, or religion. Employees have an affirmative duty to report conduct that has the appearance of being discriminatory. Section 2. Employees shall have the right to join the FEDERATION, to engage in lawful union activities for the purpose of collective bargaining, to express and communicate any view, grievance, complaint or opinion, within the bounds of good taste, relative to conditions or compensation of public employment or its betterments, all free of any restraint, coercion, intimidation or reprisal against any covered employee or that person's membership or lack of membership in the FEDERATION, as long as such activity is done outside of the employee's work time. Fn -6- C\~ ~ ARTICLE 4 -MANAGEMENT RIGHTS Section 1. Except as otherwise limited by a provision of this Agreement, the VILLAGE reserves and retains exclusively all of its responsibilities and authorities to operate and manage its affairs. The rights of the VILLAGE through its management officials, shall include, but not be limited to, the following: A. To manage and direct the Employees of the VILLAGE. B. To hire, promote, transfer, schedule, assign and retain employees in positions with the VILLAGE. C. To suspend, demote, discharge or take other disciplinary action against Employees for just cause. D. To relieve Employees from duties because of lack of work, 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. -7- ~4p ~ Section 3. Delivery of municipal services in the most efficient, effective and courteous manner is of paramount importance to the VILLAGE of North Palm Beach and FEDERATION accordingly, FEDERATION agrees that it will ask its members to work diligently in order that the services performed meet the above standards. Section 4. FEDERATION does not waive, and retains the right, to request impact bargaining when appropriate. A request for impact bargaining shall be in writing delivered to the Village Manager, shall identify negotiable effects upon employees' terms and conditions of employment, and shall list the Articles of this Agreement which the FEDERATION requests be opened for impact bargaining. Conversely, the Village does not waive any management right provided to it in Chapter 447, Florida Statutes. -8- r~ ~.~ ~, ARTICLES 5 -VEHICLES, EQUIPMENT, SAFETY, HEALTH AND COOPERATION Section 1. Both parties agree that it is to their mutual interest and to the best interests of both the Employer and the Employees if working conditions in the VILLAGE are both safe and sanitary. Additionally, both parties recognize the need to develop a safe work force. To this end the FEDERATION agrees to report to the Employer any unsafe conditions existing in the VILLAGE at any time during the term of this Agreement and the FEDERATION further agrees to cooperate with the Employer in the Employer's efforts to rectify any such situation. Section 2. Any dangerous situation is to be reported immediately to the foreman. All accidents are to be reported immediately to the foreman. Job-related accidents are to be covered by Worker's Compensation Insurance. Section 3. Use of Private automobile - In the event an employee (if authorized and directed in advance) uses his own automobile for the performance of official duties on behalf of the VILLAGE, the employee will be compensated at the rate established by the VILLAGE for all VILLAGE employees. Section 4. Any Employee who abuses assigned vehicles(s) or equipment shall be subject to disciplinary action up to and including discharge. Section 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. i /+% -9- Section 6. In the event that the FEDERATION has any concern regarding workplace safety, the FEDERATION may request, twice per year, a meeting with the VILLAGE to discuss such concern. A meeting shall be held within a reasonable time of the request. -10- ARTICLE 6 -GRIEVANCE PROCEDURE GRIEVANCE PROCEDURE ARBITRATION Section 1. A grievance is defined as, and is limited to, any dispute involving the interpretation or application of this Agreement. A dispute over disciplinary action is not a grievance, but is considered an appeal of disciplinary action and shall be processed as set forth in Article 7. Section 2. For the purpose of this Article, time is considered to be of the utmost importance. Accordingly, any grievance not submitted in accordance with the time limits provided below shall be considered exclusively abandoned and shall be barred, forfeited and forever foreclosed for-aii-contractual purposes and shall result in the forfeiture of all rights to arbitration.---Any grievance not answered or processed by the Village within the time limits provided below shall equate to a denial and the FEDERATION may, at its discretion, advance the grievance to the next step in the process. Section 3. In the event an employee covered by this Agreement believes that there is a basis for a grievance, as that term is defined above, the employee shall first discuss the alleged grievance with the FEDERATION. If the FEDERATION determines that the issue warrants a formal grievance, the FEDERATION may file a formal written grievance using the FEDERATION's grievance form. The form shall be filed with the Village Manager within twenty (20) days of the act or omission which gives rise to the grievance. The form may have a provision which allows the FEDERATION, at its option to request a meeting with the Village Manager or the FEDERATION may request the meeting by other writing. The Village Manager shall forward a copy of the grievance form to the Department Head. The Village Manager shall meet with the FEDERATION to discuss the grievance if the FEDERATION has elected to request a meeting. Within twenty (20) days after the date of receipt of the grievance or of the meeting with the FEDERATION, if one was requested, the Village Manager will respond to the FEDERATION in writing. -ll- ~' ~' i If the FEDERATION is not satisfied with the response from the Village Manager, the FEDERATION may submit the grievance to arbitration filing a request for a seven (7) name arbitration panel to the Federal Mediation and Conciliation Service. The submission must be made within thirty (30) days of the date of the Village Manager's letter to the FEDERATION, as evidenced by actual filing with the Federal Mediation and Conciliation Service. The parties shall select an arbitrator by each striking three (3) names in alternating fashion, until the parties select an arbitrator. The party striking first shall be determined by the toss of a coin. The selection process shall occur within thirty (30) days of receipt of the panel list. Section 4. The time limits contained herein are to be strictly adhered to and may only be extended by written agreement between the parties. No consent to extension shall be implied by the conduct of the parties in the absence of a written agreement. Section S. The arbitrator will determine the statement of the grievance, provided, however, that the arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Article, except to the extent as specifically provided herein or expressly agreed to by the parties. Section 6 The arbitrator may not issue declaratory opinions and shall confine himself exclusively to the question(s) presented to him, which question(s) must be actual and existing. Section 7. Each party shall bear the expense of its own witnesses and of its own representatives for the purposes of the arbitration hearing. The impartial arbitrator's fee and related expenses and expenses of obtaining a hearing room, if any, shall be equally divided between the parties. Any person desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share such costs. Section 8. The arbitrator's award shall be final and binding on the parties. Q~ ~ , -12- .; Section 9. The FEDERATION will not be required to process the grievance of non- members. Only the FEDERATION can advance a grievance to arbitration for one of its members. Members may not advance a grievance to arbitration on their own. Section 10. The parties agree that the settlement of any grievance by the parties prior to a decision by an arbitrator shall have precedential value unless the parties agree otherwise, in which case their settlement shall state. Section 11. When arbitrability is raised by the Village with respect to any grievance, the issue of arbitrability shall be determined by the arbitrator no less than thirty (30) days prior to commencement of arbitration hearing on the grievance itself. If the Village does not agree that the matter is arbitrable, notification shall be sent to the FEDERATION of such within ten (10) days of receipt of the FEDERATION'S request to proceed to arbitration. The parties agree that in such an instance, the Village may submit solely the question of arbitrability either to an arbitrator or to a court. If the arbitrability issue is submitted to an arbitrator, the decision shall be based solely on written briefs, exhibits and affidavits submitted by the parties, with no oral argument allowed; and shall be submitted to the arbitrator within ten (10) days of selection of the arbitrator. The arbitrator shall render the decision on arbitrability within fifteen (15) days of receipt of the parties' submissions. Whichever party loses on the issue of arbitrability shall pay the arbitrator's costs involved in that portion of the proceeding. Section 12. If there is no objection by either party to the arbitrability of the grievance, and the above mentioned procedure has been fully complied with or results in a determination that the grievance is arbitrable, the parties shall proceed to arbitrate the grievance. ~!V 1/' -13- ARTICLE 7 -DISCIPLINARY APPEALS Appeals of disciplinary action shall be handled as follows: Section 1. An employee, who wishes to challenge any disciplinary action, shall file a notice of appeal to his/her department head. When an employee has received a written counseling, the employee's appeal is limited to submitting a written rebuttal which shall be attached to the written counseling documents in the employee's personnel file. The written rebuttal shall be submitted by the employee within ten (10) days of the employee's receipt of the written counseling. Section 2. The FEDERATION may file an appeal of discipline on behalf of its members. Upon receipt of a notice of appeal for all discipline other than a written counseling, the department head shall have ten (10) days to review the discipline and to advise the FEDERATION that the discipline is either (i) sustained; (ii) reversed; or (iii) modified. Failure of the department head to respond within ten (10) days shall constitute a determination that the discipline is sustained. Section 3. If the FEDERATION is not satisfied with the department head's decision, FEDERATION can further appeal a discipline to the VILLAGE Manager. Upon receipt of a notice of appeal, the VILLAGE Manager shall have ten (10) days to review the discipline and to advise the FEDERATION that the discipline is either (i) sustained; (ii) reversed; or (iii) modified. Failure of the VILLAGE Manager to respond within ten (10) days shall constitute a determination that the discipline is sustained. The decision of the VILLAGE Manager shall be final unless appealed as hereinafter set forth. Section 4. The FEDERATION can appeal the VILLAGE Manager's decision on a suspension of sixteen (16) hours or more without pay, to arbitration using the same procedure for appointment of an arbitrator as set forth in Article 6 above. The request for appointment of an arbitrator must be made to the VILLAGE Manager in writing within ten (10) days of the VILLAGE Manager decision. The decision of the arbitrator shall be made within thirty (30) days -14- ~ ~ . a following the conclusion of the hearing or the deadline for closing briefs, whichever is later. The arbitrator may sustain, reverse, or modify the discipline, which was set by the VILLAGE Manager. The decision of the arbitrator is final and binding on the parties. Section S. 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 apre-determination conference with the VILLAGE Manager or his/her designee. No pre-determination conference shall be conducted with less than ten (10) days notice to the employees. Section 6. The parties agree that the seven elements of a just cause discipline are: A. There is a reasonable rule, order, or a standard of conduct related to the orderly, efficient and safe operation of Village business which has been violated. Some standards of conduct, such as the prohibition of fighting on the job, are so obvious as to not require a written rule. B. The Village either gave notice that violation of the rule or order would result in discipline or the conduct which is in violation of the rule or order is so obviously inappropriate that no warning is necessary. (Examples: consuming alcohol on the job or the need for an employee to perform safety inspections of the equipment they use) C. An investigation of the alleged violation. D. The investigation is fair and objective. E. The investigation uncovers proof or evidence of the violation. F. The rule or order is equally applied and without discrimination. G. The degree of penalty is reasonably related to the seriousness of the violation. Section 7. In every disciplinary appeal the Federation must identify the element of a just cause discipline which the Federation asserts has not been met and a brief explanation of why the element has not been satisfied. ;j -15- ARTICLE 8 -Reserved -16- • ,, ARTICLE 9 - FAMII~Y 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. The VILLAGE may require an employee who is returning to work following family medical leave taken for the employee's own serious medical condition to submit to a fitness for duty evaluation conducted by a VILLAGE appointed doctor. The evaluation shall be job-related, limited to the particular health condition that caused the employee's need for leave, and shall be paid for by the VILLAGE. The VILLAGE shall not delay the return for work (provided the employee has already provided his/her own doctor's certification of fitness) while the VILLAGE'S evaluation is pending. - i~- /pl:. j~, ~% 1~ ARTICLE 10 -DUES DEDUCTION Section 1. Employees covered by this Agreement may authorize payroll deductions for the purposes of paying dues. Requests for same must be in writing on a form clearly indicating that the member wishes to have FEDERATION dues deducted from his paycheck. No authorization shall be allowed for payment of initiation fees, special assessments, fines, penalties or delinquent dues. Section 2. FEDERATION will notify the Human Resources Director as to the amount of dues. This notice must state the computed formula for each individual member. Such notification will be certified to the Finance Director in writing over the signature of an authorized office of FEDERATION at least thirty (30) days in advance of the effective date. Changes in membership dues will be similarly certified to the Finance Director and shall be done at least thirty (30) days in advance of the effective date of such change. Section 3. FEDERATION will indemnify, defend, and hold harmless the VILLAGE against any and all claims, demands, or suits or other forms of liability that shall, out of, or by reason of action taken or not taken by the VILLAGE on account of payroll deductions of FEDERATION dues FEDERATION agrees that in case of overpayment, proper adjustment, if any, will be made by FEDERATION to the affected employee. Section 4. Dues deductions shall occur in each pay period and shall be remitted to the FEDERATION monthly, no later than the 15'h day of the month following deduction. Section S. The payroll deduction shall be revocable by the employee by providing thirty (30) days written notice to both FEDERATION and the VILLAGE Manager. -is- ARTICLE 11-MILITARY LEAVE The FEDERATION 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. ~;. -19- y ARTICLE 12 -PAID VACATION Section 1. Vacation days accrue, but may not be taken during the first 180 days of employment. All personnel who have completed their first 180 days of full-time employment shall be entitled to take vacation with pay in accordance with the following accrual schedule: 0 but less than 5 years 10 days (80 hours) per year 5 but less than l0years 15 days (120 hours) per year Over 10 years 20 days (160 hours) per year Section 2. Bargaining unit members hired prior to the date of ratification may take vacation after ninety (90) days of employment. Section 3. All employees shall select, once annually in January, vacations. Initial selection of vacations will be by seniority within a division. If an employee chooses to change the vacation selection, he must then wait until the vacation list passes through all other remaining members of the division, at which time he or she shall then be eligible to change the selection, but is limited to open dates.. Section 4. In the event a paid holiday should occur during an employee's vacation period, the employee's vacation time shall not be credited against the paid holiday. An employee shall not lose accrued vacation leave if incapacitated due to an injury or illness incurred in the line of duty. 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 1 %2 years accrued vacation based on the above accrual schedule (i.e. 120, 180, or 240 hours). Any employee (other than an employee who is discharged for cause or does not resign in good standing) who voluntarily terminates, retires, is laid off, or dies while employed by the VILLAGE shall receive payment equal to 100% of the unused days of vacation accrued during the one and a half (1 ''/2) year period prior to termination, retirement, or death. If any employe -20- ,, dies and has accrued vacation time, the accrual shall be paid to the employee's estate, or in the event no estate is pending, to the person who would be entitled to the disbursement pursuant to statutory rules of intestate succession. Employees who, prior to ratification of this Agreement, have accrued vacation time over the new caps shall have all time over the new caps paid prior to January 1, 2011. -21- y ARITICLE 13- INSURANCE BENEFITS Section 1. The Village will provide health and dental insurance to employees and their dependants under the Village health and dental program at the same levels of benefit and rates established by the Village Council for non-bargaining unit employees of the Village. Section 2. In the event the Village agrees to provide more beneficial coverage or rates to the unrepresented employees or any other bargaining unit in the Village, the more beneficial coverage and rates will be provided to employees covered by this CBA. -22- u~ ,r ARTICLE 14 -WORKERS COMPENSATION Section 1. The VILLAGE agrees to abide by Chapter 440, Florida Statutes with respect to the provision of worker's compensation benefits. Section 2. The VILLAGE will not discriminate nor retaliate any employee attempting to exercise his 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' compensation income to receive more than his net income received prior to his or her injury. Section 4. Employees who are cleared by their doctor to perform light duty shall be assigned light duty, but the Village is under no obligation to create a light duty assignment. - 23 - /~I ARTICLE 15 -SENIORITY, SUBCONTRACTING, AND LAYOFF Section 1. Seniority shall be defined as the total length of continuous service in the VILLAGE of North Palm Beach. Seniority shall continue to accrue during all types of compensable leave, approved by the VILLAGE. Section 2. Employees shall lose their seniority as a result of the following: A. Termination B. Retirement C. Voluntary resignation D. Involuntary layoff exceeding twelve (12) months E. Unexcused absence for more than three (3) days. F. Failure to report to the VILLAGE Manager or designee intention of returning to work, within five (5) days of receipt of recall, as verified by certified mail, return receipt. G. Failure to report from military leave within the time limits prescribed by law. H. Failure to return from an authorized leave of absence upon the expiration of such leave. Section 3. Layoffs of regular full-time Employees shall be based on overall seniority with the least senior Employees in the classification and department~being laid off first. Section 4. If the position from which the most senior person was laid off reopens during twelve (12) months from the date of layoff, that laid off Employee shall have the right to fill that position. Probationary Employees shall have no recall rights. Section 5. Recall will be offered to laid off Employees, other than those Employees who were on probationary status at the time of layoff, provided they are qualified and able to perform all of the duties of the job, as provided by Federal or State Statutes. When the Employees are recalled from layoff, the Employee with the greatest seniority in that classification shall be recalled first. -24- t ARTICLE 16 -TOOL REPLACEMENT Section 1. Employees who are authorized in writing by their department heads to furnish their own tools in order to perform their job shall continue to do so for the duration of the Agreement. In the event an employee's tool is broken or damaged to the extent of being inoperable for its intended purpose, while the employee was engaged in his 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 -errrpioyerZs-option, upon~uubmission of a receipt to the VILLAGE. The VILLAGE may take all reasonable steps to verify how the tool became damaged, to confirm replacement costs, and to otherwise ensure that this article thereof, must be submitted as proof of necessity for replacement. Section 2. Per Section 1 above, the maximum amount reimbursable for any one tool is limited to one hundred dollars ($100) per tool, per year, with a combined total reimbursement for employee per year limited to five hundred dollars ($500.00). -25- {~ ARTICLE 17 -SICK LEAVE Section 1. Sick leave days accrue at a rate of one day of sick leave for each month of continuous service, with no maximum, but shall not be taken during the first ninety days of employment. Employees taking sick leave shall be compensated at their straight time hourly rate of pay for the time off work. Sick leave shall continue to accrue during periods of authorized absence on which the employee is in active pay status. An employee may accrue an unlimited number of sick days for uses in the event he or she is sick Any employee, except employees who are discharged for cause or who do not resign in good standing, who voluntarily terminates, retires, is laid off, or who dies while employed by the VILLAGE, shall receive a payment equal to fifty percent (50%) of the unused accrued sick leave days, not to exceed thirty (30) days total. Section 2. Accrued sick leave may be used when the employee is absent from work due to any of the following reasons: 1. An employee's injury or illness or medical treatment which precludes him or her from reporting to duty; 2. Any injury, illness, or medical treatment of an employee's immediate family member who resides in the employee's home which requires the employee's help to care for him or her or obtain the necessary medical treatment. All sick leave shall be charged against the Employees' bank of accrued sick leave. Section 3. An employee who is unable to report to work shall notify the immediate supervisor no later than the scheduled reporting time. This notification procedure shall be followed for each day the employee is unable to report to work unless prior approval is given. Failure to provide this notification may be cause for disciplinary action. The VILLAGE may require the employee to provide a doctor's note indicating that the employee is unable to work due to illness. -26- Section 4. 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 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 S. 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 6. Failure on the part of the Employee to comply with the above requirements shall result in the denial of sick leave. Section 7. An employee who does not use sick leave for a continuous period of six (6) months will earn a sick leave incentive payout of eight (8) hours of annual leave which shall be noted on the employee's paycheck. -27- a u ARTICLE 18 -LEGAL BENEFITS The VILLAGE will provide legal defense for employees against civil damage suits where the employee is named as a party and the lawsuit seeks damages based upon the alleged negligence of the employee while acting within the scope of his or her employment. The VILLAGE will indemnify all employees against any judgments levied against them as a result of their actions when said actions are within the scope of their employment. -28- ~: ARTICLE 19 -DRUG AND ALCOHOL TESTING Section 1. The VILLAGE has a drug free workplace policy listed in Section 10.2 of the VILLAGE'S Personnel Rules and Regulations. Section 10.2 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 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 Appendix A of this agreement) Section 4. The VILLAGE will have the right to search an employee and the employee's possessions on VILLAGE premises or during the employee's working hours only when there is reasonable suspicion to believe the employee is under the influence or in possession of alcohol or illegal drugs. No search or test shall be ordered without the approval of a department head. Section S. No such search or test shall begin until the member has been offered the right to have a FEDERATION representative present and to confer in private with that representative. The presence of representation does not negate and shall not delay for more than one hour the VILLAGE'S right to search or test. If a representative is not available within one hour, the VILLAGE shall arrange for the presence of a law enforcement officer who shall act as an additional witness. -29- 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 in accordance with local, State and Federal laws. Employees are subject to drug testing if they are injured on the job, or involved in an accident while on duty and operating a vehicle or motorized equipment. Section 7. Refusal by the employee to submit to such searches or tests upon the VILLAGE's request when there is probable cause to believe the employee is under the influence or in possession of alcohol or illegal drugs shall result in termination of employment. Submission to tests does not constitute a waiver of the employees right to challenge both the order and the result of the test. The rule "obey first, grieve later" is applicable. Section 8. Reserved 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/she so choose. Section 10. Refusal of the employee to continue with such rehabilitation treatment after return for work may be grounds for discipline up to and including discharge. Any subsequent occurrences may result in immediate discharge. Section 11. All drug testing performed by the VILLAGE shall be in conformity with the testing procedures outlined in Florida's Workers' Compensation statutes and corresponding Administrative Code regulations. -30- n, u ARTICLE 20 -HOLIDAYS Section 1. The following shall be considered paid holidays for regular, full-time Employees covered by this Agreement_ 1. New Year's Day 2. Martin Luther King Day 3. Memorial Day 4. Independence Day 5. Labor Day 6. Veterans' Day 7. Thanksgiving Day 8. Friday following Thanksgiving Day 9. Christmas Eve Day 10. Christmas Day Section 2. Employees required to work on any of the above listed holidays shall be compensated at a premium rate of two and one-half (2 '/2) times their regular base pay for the actual hours worked. Task workers who work a holiday will be paid eight (8) hours of holiday pay at a straight time rate plus time and one-half pay for each hour actually worked. Hours actually worked on a holiday by a task worker does not count for overtime purposes as previously provided in Article 22, Section 1. Example: A task worker who actually works four (4) hours on a holiday will be paid for fourteen (14) hours. Section 3. Employees must be in paid status, excluding sick leave, the day before and day after the holiday in order to be paid for the holiday. l -31- ARTICLE 21-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 defined as: father (natural or step), . mother (natural or step), brother or sister (natural, half or step), spouse, child (natural or step), father-in-law, mother-in-law, grandparents, son or daughter-in-law, foster parents. -32- rim, ARTICLE 22 -HOURS OF WORK AND OVERTIME Section 1. It is agreed by both parties that a seven (7) day basic work week for pay purposes will begin at 12:01 a.m. Monday and will end at 12:00 midnight Sunday. Employees are expected to work overtime when notified that overtime work is necessary. Overtime pay at one and one-half (1 %2) times the employee's regular rate of pay will be paid for all hours worked over forty (40) hours in any work week. Only hours actually worked, vacation hours and holiday hours count as hours worked for overtime purposes (except task workers -see Article 20, Section 2). Section 2. The Department Head shall determine the appropriate lunch time for each Employee. Section 3. Effective with the ratification of this contract, any full-time Employee who reports to work will be paid for his/her normal workday regardless of whether they stay at work or are sent home by the Village. Section 4. Reserved Section 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 proceeding the week in which the split shift or late shift is to be scheduled. By definition, split shifts are those shifts where an Employee's eight hour day is split between morning hours and evening hours wherein the Employee may be off the clock during the middle of the day; late shifts are those shifts where the Employee may be required to arrive at work at 1:00, 2:00 or 3:00 p.m. with the intent of working an eight hour day starting from those hours. n l -33- Section 6. During declarations of emergencies, employees will be afforded anoff--duty rotation in the event they may be required to work at least six (6) straight days without a break. The VILLAGE will arrange for rotation schedules in order to maintain a level of service to respond to the emergency, but will also recognize the necessity for employees to have some rest time during said emergency. Iv~~ -35- ARTICLE 23 -PREVAILING RIGHTS No past practice which is monetary in nature, except those expressly set forth in this Agreement, shall survive the ratification of this Agreement. i~~, -36- ARTICLE Z4 - SEVERABILITY CLAUSE If any non-monetary provision of this agreement shall be held invalid, the remainder of this agreement shall not be affected thereby. In the event a monetary provision of this agreement is held invalid, the parties, at the request of either party, shall meet as soon as practicable and reopen negotiations of the monetary provisions of this agreement. ri -37- ~ u ARTICLE 25 - NO STRIKE Section 1. The settlement of questions or disputes between the parties hereto and the represented Employees is properly to be handled through collective bargaining, or the grievance and arbitration procedures of this Agreement, as applicable, or through the Public Employees Relations Commission or other appropriate governmental agency and the courts in the event of alleged unfair labor or employment practices or other improper conduct. The parties recognize and agree with the overriding policy concerns underlying the Constitutional and statutory prohibitions against strikes by public employees in the State of Florida. The FEDERATION agrees that it will --not-cause, participate in, instigate, or support, in any manner, any str-ike, walkout-, slowdown, or work stoppage by any member of the bargaining unit. Additionally, any Employee who violates this Article or participates in its violation shall be subject to immediate discharge. Allowing Employees to work or return to work shall be considered condonation of their activity in violation of this Article. The VILLAGE agrees that it will not lock out or cause any employee to be locked out during the term of this agreement. Section 2. Any Employee who participates in, or promotes a strike, work stoppage, slowdown, or other form of interference with the operation and mission of the VILLAGE Administration, shall be subject to discipline up to and including discharge. Such disciplinary action by the VILLAGE Administration shall not be subject to the grievance and/or arbitration procedures contained herein. -38- • ~ ARTICLE 26 -CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES Section I. The VILLAGE and FEDERATION acknowledges that during the negotiations which resulted in this Agreement each had the unlimited right and opportunity to make demands and proposals, with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understanding and agreements arrived at by the parties after the exercise of that right and opportunity are set forth and solely embodied in this Agreement. Section2. The parties voluntarily and unqualifiedly waive the right to require further collective bargaining and each party agrees that the other shall not be obligated to bargain collectively with respect to any -matter or-subject not speci-Rally r-efe~red to-or--cevered-b3~ t-his Agreement. This Agreement contains the entire contract, understanding, undertaking, and agreement of the parties hereto and finally determines and settles all matter of collective bargaining for and during the term. -39- r„ N O H ARTICLE 28 -PROBATION Section 1. All new bargaining unit Employees will be subject to a 180 day probationary period. The VILLAGE may extend the probationary period up to an additional ninety (90) days, following consultation with and consent by the FEDERATION, if it is determined by management that an employee requires additional observation for a determination to be changed from probationary to full-time, regular status. A probationary employee may be released from work without a statement of cause and the release is not subject to grievance or appeal. Section 2. Employees promoted within the bargaining unit shall serve a 90 day probationary period d~~i~g whic~t}me-they-ma-y-be returned to their former or other available position, but the return is not subject to grievance or appeal. -41- ~i~' ~ y ARTICLE 29 -FEDERATION RIGHTS AND PRIVILEGES Section 1. The VILLAGE agrees to release up to two (2) members of the bargaining unit from their regular job responsibilities in order that they may begin negotiations at a time mutually agreeable to both the bargaining unit and the VILLAGE with pay. Section 2. The Employer agrees to furnish the FEDERATION with a list of the names, addresses, phone numbers, employee classifications, annual and hourly salary of the Employees within the bargaining unit as of the date of execution of this Agreement, unless production of the information is prohibited by law. Should the FEDERATION desire revised and updated hereafter, the Employer will provide them upon written request within thir-ty (30) days-of -the Employer's receipt of such written request and the payment, in advance, of the costs of preparation and copying of such lists. Provided, however, that such request shall not be made more often than quarterly. Section 3. A duly authorized representative of the FEDERATION will be permitted to communicate official FEDERATION business to members of the FEDERATION to the extent that the members' job responsibilities and duties are not interfered with or disrupted in any manner and that no time is lost on the job. The FEDERATION representative shall comply with all applicable rules and regulations of the Employer concerning visitors to VILLAGE property. Section 4. Upon ratification of this agreement, the Employer will furnish FEDERATION with a current copy of all written personnel regulations. The VILLAGE will forward any subsequently adopted personnel regulations to the FEDERATION within 14 days of their adoption. Section S. Each employee who so chooses may annually contribute up one day of annual leave to the FEDERATION time pool. The employee shall indicate this choice in writing to the Human Resources Director or his designee. The pool time shall be available for FEDERATION -42- rd \~; representatives, not to exceed three personnel per year to conduct FEDERATION business, other than collective bargaining negotiations, such as conferences and steward training, provided that: (1) A written request for the use of FEDERATION pool time is submitted to the Department Head or his authorized representative at least seven (7) days in advance of the requested time off. (2) Sufficient manpower is available in the regular shift to maintain efficiency of operations during the absence of the FEDERATION officers and/or agents as determined by the Department Head or his designated representative. FEDERATION pool time shall be accounted for as conferenc~le-ave time-as def}n~d in the- VILLAGE's Personnel Rules and Regulations. Section 6. The Employer will provide the FEDERATION bulletin boards to be located in mutually agreed upon locations to be used solely by the FEDERATION for posting notices. Notices shall be restricted to the following types, except that additional notices may be posted by mutual, written consent of the parties: A. Notices of FEDERATION recreational and social affairs. B. Notices of FEDERATION elections, appointments, and results of FEDERATION elections. C. Notices of FEDERATION meetings and educational classes. D. Notices of official FEDERATION business; and E. Any material deemed informative to the general membership The bulletin boards shall not be used by the FEDERATION or its members to distribute political pamphlets or any other type of political matter, or for advertising. The FEDERATION agrees not to post any material defamatory to the VILLAGE, or its representatives on the bulletin boards. All notices shall clearly state that they are "FEDERATION Notices." A copy of all - 43 - ~i V FEDERATION notices that are to be put on said bulletin board shall be forwarded to the VILLAGE Manager's office. -44- 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 as reflected in the unit position job descriptions that the very nature of the services provided by the VILLAGE of North Palm Beach demands flexibility in job assignments and job description and the Employer may temporarily assign tasks not common to a particular job description --S€c-tion 3. Reserved Section 4. In the event an Employee is directed to temporarily work in a higher pay grade, that Employee shall be paid five percent (5%) above the individual's present base rate for the period of time worked. - 45 - ARTICLE 31-OFF-DUTY EMPLOYMENT Section 1. An employee may engage in off-duty employment to the extent that said off-duty employment does not interfere with the performance of the employee's duties for the VILLAGE of North Palm Beach. Section 2. An employee's off-duty employment may not create a conflict of interest; may not be performed during the employee's VILLAGE workday; may not involve use of VILLAGE equipment, property, or supplies; or otherwise infringe on his or her ability to perform their job with the VILLAGE in a satisfactory manner. -Section 3. Disputes over whether an employee's off-duty employment cremes-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. Section 4. Village employees may not wear Village uniforms or insignia when engaged in off duty employment. ~N -46- ARTICLE 32 -POLITICAL ACTIVITY AND VOTING Section 1. Neither the FEDERATION nor the Employer will place any restrictions on Employees with regard to political activity. Employees may hold membership in or support any political party, run for or hold political office, vote as they choose, express their opinions and wishes on political issues and candidates, maintain partisan neutrality and attend political functions so long as these activities do not take place during the Employee's working hours on VILLAGE property, or in such a manner as would interfere with the Employee's duties during the Employee's official hours of work. Employees shall not engage in political lobbying while in VILLAGE uniforms or when wearing VILL-AGE insignia. Such activ~~ies-shall-ne~be conducted in violation of State conflict of interest statutes. -47- ~~,'_ ARTICLE 33 -EDUCATION AND TRAINING Section 1. Reserved Section 2. Employees required to attend job-related training for any reason outside their normal working hours shall be compensated at premium rate of one and one-half (1 '/2) times their regular hourly salary. However, seminars and conventions are not included with the meaning of the term "training". Section 3. Reserved Section 4. Tuition Refund Frogram: See Miscellaneous Benefits ~,~.; -48- ARTICLE 34 -PENSION PLAN Section 1. All new hires after October 1, 2010 shall be eligible only for enrollment in the Village defined contribution plan. I~` ~% -49- ARTICLE 35 -WAGES Section 1. Year 1 (10/1/10-9/30/11)- 0-5% increase based on performance evaluation. Year 2 (10/1/11-9/30/12)- Reopen negotiations for this Article only June 30, 2011. Year 3 (10/1/12-9/30/13)- Reopen negotiations for this Article only June 30, 2012. Section 2. Employees will be paid bi-weekly rather than weekly. Section 3. No employee shall receive a base wage increase over the maximum salary (top-out) established in the VILLAGE pay plan. Increases over-pay range-maxi-mum shall be paid as lump sum payments of $900.00 for a Successful Level I through Exceptional Level I evaluation and $1200.00 for an evaluation of Exceptional Level II. No lump sum payment will be made for an evaluation of Development Required through Below Standards. Section 4. The FEDERATION and the Village agree to incorporate by reference the minimum-maximum salary ranges as adopted from time to time by the Village Council, as those ranges are modified by the cost of living increases described above. r,~J • p ARTICLE 36 -MISCELLANEOUS Section 1. The terms and conditions of this Agreement may be altered, changed, added to, deleted from, or modified only through the voluntary mutual written consent of the parties. Section 2. This Agreement shall supersede any ordinances, regulations, or practices of the VILLAGE, promulgated and adopted by the VILLAGE Council. The FEDERATION agrees that all employees covered under this agreement shall comply with all Personnel Rules and Regulations, including those relating to conduct and work performance. In the event of a conflict between the terms of this Agreement and the terms of the Personnel Rules and Regulations, the terms of this Agreement prevail. Section 3. The parties agree to an adjustment of miscellaneous benefits/incentives as is set forth in Section 15 of the comprehensive pay plan document. Section 4. The VILLAGE will provide a sufficient number, as determined by the VILLAGE, of uniforms suitable to the employee's job. In addition, the VILLAGE will provide uniform cleaning service for employees required to wear uniforms. The VILLAGE will reimburse employees for VILLAGE approved safety shoes once per year in an amount not to exceed $100.10, or the VILLAGE will establish an annual shoe allowance of $100.10 payable through the employee's normal VILLAGE payroll process. ~'J -51- + r ARTICLE 37 -CALL-BACK/EMERGENCY COMPENSATION Section 1. If an employee is called back to work for an emergency or called back outside of his scheduled hours for that work week, the employee shall receive the greater of two (2) hours of pay or the actual number of hours worked, which shall be computed at a premium rate of time and one half (1 %) the employees regular rate of pay. Example: an employee called back for thirty (30) minutes of work shall be paid for two (2) hours at time and one half. An employee called back for four (4) hours shall be paid for four (4) hours at time and one half. The Department Head and/or Superintendent shall rotate the assignments of call-back/on-call overtime to employees as equally as praet3cable based upon their-qualifications-fer the-assi-grunen~d~st~ibuted-on-a-rotating basis by the departmental seniority of the person. Section 2. Call back premium pay is excludable from the regular rate of pay for the purpose of overtime calculation. `~ „> -52- ARTICLE 38 -CERTIFICATION INCENTIVE See Miscellaneous Benefits. The maximum number of certifications that the Village will pay for is three (3). ,~ -53- u A ARTICLE 39 -TERM OF AGREEMENT Section 1. This Agreement shall be effective from date of ratification and shall remain in full force and effect for a three year term from October 1, 2010 to the 30t" day of September 2013. No base wage increase or cost of living adjustment shall be paid beyond September 30`" of 2011 and 2012 except as provided in a subsequent Memorandum of Understanding as may be negotiated by the parties modifying the Wage Article of the collective bargaining agreement after the June 2011 and June 2012 reopeners. Section 2. The VILLAGE and the FEDERATION agree to commence bargaining for a --successer-agreement on or about June 30t", 2013. -54- !'il h' ~~ J ~~ SIGNATURE PAGE APPROVAL Pursuant to Florida Statute 447.309, the VILLAGE'S Chief Executive Officer and the FEDERATION's Bargaining Agent hereby confirm that the foregoing represents the Collective Bargaining Agreement reached by the negotiators through bargaining on October 14, 2010. This Agreement shall not be binding on the VILLAGE of North Palm Beach until it has been ratified by the VILLAGE Council and by the employees who are members of the bargaining unit. THE VILLAGE OF NORTH PALM BEACH FEDERATION OF PUBLIC EMPLOYEES, A DIVISION OF THE NATIONAL FEDERATION OF PUBLIC AND P E EMPLOYEES, AFL-CIO, By: T AS~ ERS, B SINESS REPRESENTATIVE Dated: ~~ ~~~_~~ -55- ~' w Date of Ratification by Bargaining Unit:~~~ ° /~ Date of Ratification by the VILLAGE: ~~ °2~ ~ ~ THE VII.LAGE OF NORTH PALM BEACH MAYOR _-.. ~~ VILLAGE CLERK H:U 988\880508WPB\FPE 2010\FPE 2010-13 final clean.doc FEDERATION OF PUBLIC EMPLOYEES ^~, ,. e ~` ~ / l ~ , PRESIDENT f -56-