HomeMy WebLinkAboutResolution_47-02/03_09/18/2003•
RESOLUTION N0.47-02/03
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, APPROVING A THREE-YEAR COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE VILLAGE OF
TEQUESTA AND THE COMMUNICATION WORKERS OF
AMERICA, EFFECTIVE OCTOBER 1, 2003, AUTHORIZING
THE VILLAGE MANAGER TO EXECUTE THE CONTRACT
ON BEHALF OF THE VILLAGE.
•
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS
FOLLOWS:
Section 1: Consideration to approve athree-year collective bargaining agreement
between the Village of Tequesta and the Communication Workers of America
(CWA), effective October 2003, attached hereto as Exhibit "A" and incorporated by
reference as part of this Resolution is hereby approved, and the Village Manager is
authorized to execute the applicable contract on behalf of the Village of Tequesta.
THE FOREGOING RESOLUTION WAS OFFERED by Council Member
~~~ c n c'~ ,who moved its adoption. The motion was seconded by Council
Member 1,J c~-f 1L i h 5 ,and upon being put to vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
~\,~tz ,~C:'v' hZ c'."5 ~ ~4 i K
I~j ~ !L`f ~u Gv V C l~ r i~' G-.v~ tc.
f~~ ,.
The Mayor thereupon declared the Resolution duly passed and adopted this 18t" day
of September 18, A.D. 2003.
,~ ,,
Mayor Edward D. Resnik
ATTEST:
~-
Villa Clerk Mary Miles
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~~
~~~~~ ~+
COLLECTIVE BARGAINING AGREEMENT
2003 -- 2006
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TABLE OF CONTENTS
ARTICLE NO. PAGE NO.
PREAMBLE ..............................................................................................:......................1
ARTICLE 1 ......................................................................................................................2
RECOGNITION ............................................................................................................2
ARTICLE 2 ......................................................................................................................3
REPRESENTATIVES OF PARTIES .............................................................................3
FOR BARGAINING PURPOSES ..................................................................................3
ARTICLE 3 ......................................................................................................................5
MANAGEMENT RIGHTS ..............................................................................................5
ARTICLE 4 ......................................................................................................................6
NON-DISCRIMINATION ...............................................................................................6
ARTICLE 5 ......................................................................................................................7
• GRIEVANCE PROCEDURE .........................................................................................7
ARTICLE 6 ....................................................................................................................13
NO STRIKE ................................................................................................................13
ARTICLE 7 ....................................................................................................................14
HOURS OF WORK AND OVERTIME ........................................................................14
ARTICLE 8 ....................................................................................................................15
UNIFORMS ................................................................................................................15
ARTICLE 9 ....................................................................................................................17
WAGES ......................................................................................................................17
ARTICLE 10 ..................................................................................................................19
INSURANCE ...............................................................................................................19
ARTICLE 11 ..................................................................................................................21
SICK LEAVE ...............................................................................................................21
ARTICLE 12 ..................................................................................................................23
HOLIDAYS .................................................................................................................23
• ARTICLE 13 ..................................................................................................................25
VACATIONS ............................................................................................................... 25
• TABLE OF CONTENTS
ARTICLE NO. PAGE NO.
ARTICLE 14 ..................................................................................................................28
BEREAVEMENT LEAVE ............................................................................................28
ARTICLE 15 ..................................................................................................................29
SENIORITY ................................................................................................................29
ARTICLE 16 ..................................................................................................................30
LAYOFFS ...................................................................................................................30
ARTICLE 17 ..................................................................................................................32
WORK RULES ...........................................................................................................32
ARTICLE 18 ..................................................................................................................33
DRUG-TESTING ........................................................................................................33
ARTICLE 19 ..................................................................................................................35
SAFETY COMMITTEE ...............................................................................................35
• ARTICLE 20 ..................................................................................................................36
LABOR-MANAGEMENT COMMITTEE ......................................................................36
ARTICLE 21 ..................................................................................................................37
PAYROLL DEDUCTION OF UNION DUES ...............................................................37
ARTICLE 22 ..................................................................................................................40
LEAVE WITH PAY ......................................................................................................40
ARTICLE 23 ..................................................................................................................41
PAY BENEFITS ..........................................................................................................41
ARTICLE 24 ..................................................................................................................43
LEAVE POLICY ..........................................................................................................43
ARTICLE 25 ..................................................................................................................44
APPLICABILITY OF TERMS ......................................................................................44
ARTICLE 26 ..................................................................................................................45
CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES .................45
ARTICLE 27 ..................................................................................................................46
• DURATION, MODIFICATION AND TERMINATION ...................................................46
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TABLE OF CONTENTS
ARTICLE NO.
PAGE NO.
EXHIBIT „A ....................................................................................................................47
EXHIBIT .,B,' .................................................................................................................48
iv
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•
PREAMBLE
This Agreement is entered into between the Village of Tequesta, Florida, ("Village"),
and the Communications Workers of America ("CWA").
It is the intent and purpose of this Agreement to ensure a sound and mutually beneficial
relationship between the parties and to set forth agreement between the parties
concerning wages, hours and other terms and conditions of employment.
•
• ARTICLE 1
RECOGNITION
The Village recognizes the CWA as the exclusive bargaining representative, as defined
in Chapter 447, Florida Statutes, as amended, for employees employed in the Unit
defined by the Public Employees Relations Commission, in Certification No. 1080 as
set forth in Exhibit "A."
r]
2
• ARTICLE 2
REPRESENTATIVES OF PARTIES
FOR BARGAINING PURPOSES
Section 1:
Upon request by one party, the other party shall provide, in writing, the name(s) of its
representative(s) within three (3) days of such request. Union representatives for the
purpose of this agreement are defined as the local Union President, Executive Vice-
President, Secretary, Treasurer, Village Vice-President, Village Chief Steward and
Village Steward. Not more than two (2) Unit Members employed by the Village shall be
Union Representatives.
Section 2:
The Union shall be permitted space on existing bulletin boards to post necessary Union
notices of a businesslike non-inflammatory nature. The Union shall supply at its own
expense a bulletin board where the Union feels existing space is inadequate, upon
• receiving the prior written consent of the Village Manager, or his designee, prior to
Union placement of any- such bulletin board. All notices must be approved prior to
posting by the Village Manager or his designee and signed by an elected official of the
local union.
Section 3:
A Union Time Pool shall be established and administered by the Village. Contributions
from Unit Members may be made from time accumulated in vacation or compensatory
time off that may have accrued to Unit Members. Such contributions shall be
irrevocable. Each contribution shall be in an amount equal to two (2) hours of pay,
although there is no limit to the number of contributions a Unit Member may make. The
pool shall be used only for the purpose of compensating up to two members of the unit
for up to 40 hours each per year at their regular rate for the purpose of bargaining. Any
overtime liability which may be incurred due to payments made under this Article shall
be paid out of the time pool.
Section 4:
With prior approval of the Village, Union Representatives who work for the Village may
be granted time off without pay for the purpose of attending to any Union
Representative activities. Except for the purpose of negotiations, time off shall be
• limited to no more than one employee at a time. During such time off, employees shall
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• be subject to recall to work to attend to emergencies. Total time off shall be limited to
four (4) days per employee per fiscal year, excluding time for negotiations.
C7
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4
•
ARTICLE 3
MANAGEMENT RIGHTS
Subject to the specific provisions of this Agreement, the parties agree that the Village
has and will continue to retain the right to operate and manage its affairs in all
respects; and the powers or authority which the Village has not officially abridged,
delegated, or modified by the express provisions of this Agreement are retained by the
Village. The rights of the Village through its management officials shall include, but
shall not be limited to, the right to determine the organization of Village government; to
determine the purpose for each of its constituent departments; to alter or amend work
rules or regulations; to make and enforce productivity or efficiency standards; to alter or
amend hours-of-work or work schedules; to exercise control and discretion over the
organization and efficiency of operations of the Village; to set standards for service to
be offered to the public; to direct the employees of the Village, including the right to
assign work and overtime; to hire, examine, classify, promote, train, transfer, schedule
and assign; to suspend, demote, discharge, or take other disciplinary action against
employees for just cause; to increase, reduce, change, contract, modify or alter the
composition and size of the work force, including the right to relieve employees from
duties because of lack of work or funds or other legitimate reasons; to contract or
• subcontract future or existing work; to determine the locations, methods, means and
personnel by which operations are to be conducted, including the right to determine
whether goods or services are to be made or purchased; to establish, modify, combine
or abolish positions; to establish, change or eliminate existing methods of operation,
equipment or facilities, and to establish, implement and maintain an effective internal
security program. The Village has the authority to determine its purpose and mission
and to prepare and submit budgets.
•
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• ARTICLE 4
NON-DISCRIMINATION
The Village and the CWA specifically agree that the provisions of this Agreement,
except where expressly noted otherwise in the Agreement, shall be equally applicable
to all full-time employees covered herein without regard to membership or non-
membership in a labor organization, as provided by law.
•
6
C~
ARTICLE 5
GRIEVANCE PROCEDURE
Section 1:
A grievance shall be defined as a dispute over the interpretation or application of the
provisions of this Agreement and a dispute over the discipline or discharge of any unit
member covered by this Agreement.
Section 2:
Should the Village wish to pursue a grievance, such grievance must be presented to
the CWA for a response. The CWA shall have fifteen (15) working days in which to
submit a written response. The Village may appeal the CWA's response to arbitration
pursuant to Step 3 of the procedure below.
Section 3:
• Probationary employees (new employees with less than one (1) year of continuous
service) shall not have access to the grievance procedure to challenge discipline or
discharge.
Section 4:
If grievance matters must be attended to during normal working hours, it will be done so
as to cause a minimum of interference with production or services. At Steps One and
Two of the grievance procedures below, the aggrieved employee who filed the
grievance will be paid for attendance at grievance meetings called by the Village
occurring at a time the employee would otherwise have been working for the Village.
Section 5:
Should any grievance arise the parties shall attempt to settle such grievance promptly
through the following steps:
Step 1
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• The aggrieved employee and/or the Union shall present in writing the grievance
to the Department Head within fifteen (15) working days of the occurrence of the
alleged grievance or of the time the grievant knew or should reasonably have
.known of the occurrence of the event leading to the grievance. The written
grievance will be submitted on an approved form and include the following
information:
(a) the employee's name and signature;
(b) date of alleged incident giving rise to the grievance;
(c) all known relevant information concerning the grievance;
(d) Article and section of the Agreement allegedly violated; and
(e) relief sought by the employee.
The Department Head shall investigate the grievance and respond within fifteen
(15) working days following receipt of the grievance. The Department Head or
designee shall meet with the aggrieved employee as part of his/her
investigation.
At his/her discretion, the aggrieved employee may be accompanied in any
grievance proceeding by a CWA representative.
A copy of the approved form is attached hereto as Exhibit "B."
Step 2
If the grievance is unresolved after Step 1, then the aggrieved employee and/or
the Union may submit the grievance, in writing, along with the response at Step
1 to the Village Manager, within fifteen (15) working days of the time the Step 1
response was received. The Village Manager or designee shall meet with the
aggrieved employee as part of his/her investigation at his/her discretion.
The Village Manager shall respond in writing within fifteen (15) working days of
his/her receipt of the grievance.
Note: Where appropriate, grievances may be submitted directly to the Village
Manager.
Step 3
Either party desiring to seek arbitration must notify the other party within thirty
(30) working days of the decision of the Village Manager in Step 2, or in the case
of a Village grievance, within thirty (30) working days of the CWA's response.
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• The Village Manager and the CWA shall jointly request from the Federal
Mediation and Conciliation Service a list of five (5) names of qualified arbitrators.
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• After receipt of such a list, representatives of the Village and the CWA shall
each strike names from the list. The party requesting arbitration shall strike first
until only one name remains on the list. The arbitrator whose name remains shall
be selected and notified by the parties.
The decision of the arbitrator shall be final and binding on both parties, except
as provided by law pursuant to Chapter 682, Florida Statutes, or the circuit court
finds that the arbitrator's decision is clearly erroneous or in violation of public
policy.
Section 6:
The costs of the arbitrator shall be borne by both parties equally. Each party shall bear
the cost of its own representatives and witnesses. If a transcript of the hearing is made,
any party desiring a copy of the transcript shall pay its proportionate share.
Section 7:
The arbitrator shall have no power to alter, modify, amend or subtract from the terms of
• this Agreement.
Section 8:
Grievances involving or affecting more than one member of the bargaining unit may be
filed collectively by the CWA.
Section 9:
For the purpose of this Article, the term "working days" shall be interpreted as Monday
through Friday. Saturday, Sundays and days designated as holidays shall be excluded.
By mutual agreement of both parties, in writing, time frames may be extended during
any Step of the grievance process.
Section 10:
In any grievance involving issues of back wages, benefits or any other issue involving
continuing money damages, the arbitrator shall not be empowered to award damages
• occurring before the date the grievance was filed retroactive to a date more than 10
(ten) working days prior to the filing of a grievance.
10
11
• Section 11:
In keeping with the intention of the parties to resolve disputes in an informal manner,
prior to filing an unfair labor practice ch~r~e with the Public Employees Relations
Commission over an alleged unilateral change in wages, hours, or terms and
conditions of employment, the CWA will provide written notice to the Village Manager
of the alleged unilateral change and give the Village ten (10) working days to rescind
the alleged change and, if not a term of this Agreement, request bargaining with the
Union.
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• ARTICLE 6
NO STRIKE
The CWA agrees to abide by Florida Statute 447.505. In the event of a change in the
law, the law will supersede the Contract.
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•
ARTICLE 7
HOURS OF WORK AND OVERTIME
Section 1:
The normal work week shall be seven (7) days from Sunday through Saturday, and
shall consist of 40 hours for full-time employees. Plant Operators and Dispatchers may
receive a half hour meal break. Other unit members shall receive a 30 minute unpaid
meal break and may also receive a 30 minute paid meal break, if work load permits. To
the extent permitted by law, hours worked over forty (40) in any work week shall be
compensated through the use of compensatory time or overtime at the rate of one and
one half hours for all hours at the employee's option.
For the purpose of computing hours worked, sick leave, personal leave, and funeral
leave shall not be included as hours worked.
Section 2:
• Hours of work will be determined by the Village. Work schedules may be adjusted to
facilitate Department needs. Except in cases of emergency, employees shall be notified
of work schedule changes, other than overtime, three (3) working days in advance of
the work schedule change.
Section 3:
Overtime assignments may be required by the Village and shall be distributed among
those employees who normally perform the work, including part-time personnel.
Overtime work records shall be maintained by the Village Payroll Supervisor and may
be examined there. Part-time personnel shall not receive compensation at time and
one-half their regular rate unless they work over 40 hours in a work week.
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• ARTICLE 8
UNIFORMS
Section 1:
The Village agrees to provide uniforms once per year for unit members that it
determines will be required to wear uniforms on-duty as follows:
A. Communications Officers (Dispatcher) -- Two (2) pants or one (1) pants
and one (1) skirt to be provided at the employee's option and three (3)
shirts in any combination of long sleeve or short sleeve at the employee's
option, one (1) tee shirt, and one (1) vest to be provided at the unit
member's option.
B. Equipment Operator -- Six (6) shirts, either tee shirts, knit shirts or regular
shirts or any combination at the sole discretion of the Village and six (6)
pants, either three (3) long pants or three (3) short pants, or, six (6) long
pants at the employee's discretion.
• Service Technician I & II -- Six (6) shirts, either tee shirts, knit shirts or regular shirts or
any combination at the sole discretion of the Village and six (6) pants, either three (3)
long pants or three (3) short pants, or, six (6) long pants at the employee's discretion.
Park Foreman -- Six (6) shirts, either tee shirts, knit shirts or regular shirts or any
combination at the sole discretion of the Village and six (6) pants, either three (3) long
pants or three (3) short pants, or, six (6) long pants at the employee's discretion.
Plant Operator Trainee -- Six (6) shirts, either tee shirts, knit shirts or regular shirts or
any combination at the sole discretion of the Village and six (6) pants, either three (3)
long pants or three (3) short pants, or, six (6) long pants at the employee's discretion.
Service Technician Trainee -- Six (6) shirts, either tee shirts, knit shirts or regular shirts
or any combination at the sole discretion of the Village and six (6) pants, either three
(3) long pants or three (3) short pants, or, six (6) long pants at the employee's
discretion.
Plant Operator I & II -- Six (6) shirts, either tee shirts, knit shirts or regular shirts or any
combination at the sole discretion of the Village and six (6) pants, either three (3) long
pants or three (3) short pants, or, six (6) long pants at the employee's discretion.
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• Section 2:
So long as full-time employees in the following classifications are required to wear
uniforms, they shall receive the following annual allowances:
(a) Communications Officers (Dispatcher) -- cleaning allowance of $350.00
per year & shoe allowance of $75.00 per year
(b) Equipment Operator --shoe allowance of $100.00 per year
(c) Service Technician I & II -- shoe allowance of $100.00 per year
(d) Park Foreman -- shoe allowance of $100.00 per year
(e) Plant Operator Trainee -- shoe allowance of100.00 per year
(f) Service Technician Trainee -- shoe allowance of $100.00 per year
(g) Plant Operator I & II -- shoe allowance of $100.00 per year
(h) Deputy Building Official -- shoe allowance of $100.00 per year
Allowances shall be paid in the first regular paycheck following ratification of this
Agreement and the first pay period of the fiscal year for subsequent contract years,
except that cleaning allowances shall be paid in one-half increments twice per year.
Employees who are paid a cleaning allowance under this Article and who leave before
the end of the fiscal year shall have their final paycheck reduced by an amount equal to
• the pro-rated share of the allowance for the remaining months of the fiscal year.
•
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•
ARTICLE 9
WAGES
Section 1:
1. Effective October 1, 2003, Unit Members shall receive performance
reviews within thirty (30) days of their anniversary date pursuant to the
Village's Performance Planning and Review system ("Performance
RevievW'). Evaluations shall be conducted on a satisfactory/unsatisfactory
basis.
2. Subject to paragraph 3 below, if a Unit Member receives a "satisfactory"
evaluation, the Unit Member will receive a three percent (3°~) salary
increase. Any Unit Member receiving an "unsatisfactory" evaluation shall
not be entitled to any salary increase for a period of ninety (90) days and
will be placed on probation until such time as determined by the Unit
Member's supervisor. At the conclusion of the ninety (90) day
probationary period, the Unit Member shall be re-evaluated and, if he or
she receives a satisfactory evaluation, the Unit Member will be eligible for
• a three percent (3%) salary increase. In addition, to be eligible to receive
the three percent (3%) increase, the Unit Member must have been
continuously employed by the Village for the twelve month period
immediately preceding October 1 of each fiscal year.
•
3. In subsequent contract years, performance evaluations will occur within
thirty (30) days of October 1 of each fiscal year and Unit Members who
receive a "satisfactory" evaluation will receive a three percent (3%) wage
increase, effective October 1 of the fiscal year of the evaluation. The
same ninety (90) day evaluation period referenced in paragraph 2, above,
will be applicable in subsequent contract years.
4. Effective October 1, 2003, Unit Members shall receive a one and one-half
percent (1'/ %) cost of living salary increase, in addition to any increase
received pursuant to paragraphs 1 and 2, above. Effective October 1,
2004 and October 1, 2005, Unit Members shall receive a cost of living
salary increase equal to any increase in the Consumer Price Index
("CPI"), All Urban Consumers, South Region, as published by the U.S.
Bureau of Labor Statistics, for the preceding twelve (12) months subject to
a maximum increase of four percent (4%).
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• Sec#ion 2:
Any employee may appeal their performance review to their Department Head, in
writing, within fifteen (15) days of receipt of the performance review by the employee. If
the employee is not satisfied with the decision of the Department Head, the employee
may request a meeting with the Department Head to discuss the performance review.
At such meeting, the employee may be represented by one of the designated employee
Bargaining Unit Representatives, if the Unit Member is a dues paying member of the
Union, or, regardless of the Unit Member's membership in the Union, a representative
of his/her choice. -The decision of the Department Head shall be final and binding (No
grievance under Article 5 may be brought) and shall be completed within fifteen (15)
working days after the meeting between the employee and the Department Head. If the
evaluation is revised and a merit increase warranted, the raise shall be implemented
retroactively to October 1.
This is the exclusive procedure for Unit Members to challenge their performance
reviews, and they may not use the grievance procedure in this Agreement for that
purpose. The appeal provisions contained herein shall not be applicable to any
performance evaluation rendered to an employee while said employee is on
probationary status.
•
•
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• ARTICLE 10
INSURANCE
Section 1:
A. The following provisions shall remain in effect until September 30, 2004:
1. The Village agrees to pay one hundred percent (100%) of the employee
cost of health insurance.
2. The Village agrees to pay seventy five percent (75%) of the cost of
dependant health insurance coverage for those Unit Members who elect
such coverage. Unit Members who elect coverage will pay the remaining
twenty five percent (25%) by payroll deduction.
(a) The Village agrees to pay one hundred percent (100%} of the
employee cost of dental insurance.
(b) Unit Members will pay one hundred percent (100%) of the cost of
• dental insurance for dependents if the Unit Member elects such
coverage by payroll deduction.
3. The Village will provide life insurance for full-time employees at one and
one-half (1 '/ )times their annual salary, plus an additional Five
Thousand Dollars ($5,000.00).
4. The Village may alter coverage provided in this Article. For example, the
Village may convert to a Preferred Provider Organization (PPO) plan
effective upon the first day of any month with twenty-eight (28) days
notice to the unit members. Any alteration in coverage pertaining to this
Article is subject to negotiation within said twenty-eight (28) day period.
The Village may implement its decision prior to reaching agreement or
impasse resolution concerning the impact at issue relative to altering any
coverage provided in this Article.
B. For fiscal years beginning October 1, 2004 and October 1, 2005, the parties may
reopen this article during the month of September immediately preceding the
beginning of each fiscal year to renegotiate the payment of health insurance
premiums.
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• Section 2:
It is the Village's intent that all its employees be adequately protected and insured for
health care costs and expenses. Therefore, each Unit Member must enroll in, and
continue to be enrolled during their tenure with the Village, the Village's present and
available health insurance plan and maintain full coverage for themselves at a
minimum. The Unit Members may enroll eligible dependants at their option.
•
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•
ARTICLE 11
SICK LEAVE
Section 1:
Regular employees shall accrue sick leave at the rate of 1 day of sick leave for each
month of continuous employment. Sick leave is a benefit that protects employees from
losing wages due to illness, and is not intended to be used simply because it is
available.
Sick leave accrual shall be retroactive to the initial date of hire upon satisfactorily
completing the initial employment probation and attaining regular employee status.
Section 2:
Sick Leave Accrual. Sick leave may be accrued to a maximum of 200 days (1600
hours). However, sick leave accrual shall be reduced ten percent (10%) each fiscal
year as follows:
• 1. Effective October 1, 2004, 180 days (1440 hours);
2. Effective October 1, 2005, 162 days (1296 hours).
Sick leave shall not accrue during leaves of absence without pay, suspensions in
excess of ten (10) working days per year, or when a Unit Member receives Workers'
Compensation temporary benefits and is not able to work in his/her position held
immediately prior to the commencement of payment of Workers' Compensation
temporary benefits. This shall be consistent with the Family and Medical Leave Act
(FMLA).
For absences of more than three (3) days, the Village may request, at its discretion, a
qualified doctor's note indicating the illness of the Unit Member and verifying the
amount of sick leave taken was necessary based upon the Unit Member's illness.
"Qualified doctor" shall be a duly licensed doctor of medicine. The Village has the right,
at its sole discretion, to verify that Unit Members are using sick leave for the purpose
for which it is provided.
Full-time Unit Members may use sick leave when ill, when the full-time Unit Member
has a doctor's appointment, but not to exceed the extent of time required to complete
such appointments, or when an immediate family member (spouse, child, or parent) is
• ill, and to supplement Workers' Compensation temporary disability benefits as a result
of an on-the job injury in an amount sufficient to equal the employee's regular rate of
21
• pay during the period of temporary disability, provided however such supplementary
benefits shall not be paid in excess of the accrued sick leave credited to the employee.
Extended use of sick leave in excess of three (3) days to care for an immediate family
member shall require the prior approval of the full-time Unit Member's Department
Head.
Family and Medical Leave Act (FMLA) shall run concurrently with employee sick leave
usage for absences in excess of three (3) days. Earned sick leave accruals must be
exhausted prior to taking an unpaid medical leave of absence.
Section 3•
Upon separation from the Village in good standing, with proper notice, or for reasons
beyond the employee's control, the employee shall be paid for his/her accrued sick
leave according to the following schedule.
YEARS OF
EMPLOYMENT
PERCENTAGE OF ACCRUAL
PAID TO EMPLOYEE
One (1) through Four (4}
• Five (5) through Nine (9)
Ten (10) through Nineteen (19)
Twenty (20) or more
Section 4:
25 Percent
33 Percent
40 Percent
50 Percent
Sick Leave Buv Back. Effective December 1 of each fiscal year, any Unit Member who
has been continuously employed for at least twelve (12) months and who has an
accrued sick leave balance of 480 hours, and who has taken no more than 40 hours of
sick leave during the twelve (12) month period immediately preceding December 1 of
each fiscal year, may surrender 40 hours for cash payment at one hundred percent
(100%) of their current hourly rate. Any additional eligible hours may be redeemed at
fifty percent (50%) of their current hourly rate. However, Unit Members must have at
least 360 hours of sick leave remaining after surrendering sick leave for cash payment
to be eligible to buy back sick leave under these provisions.
At the close of the fiscal year, the Finance Department will compile a list of employees
who are eligible to convert excess sick leave to cash payment. If eligible, employees
will be notified by the Finance Department of how many days may be converted and the
date by which the employee needs to decide. Employees will respond indicating the
• .amount of days they wish to convert to cash payment, if any.
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ARTICLE 12
HOLIDAYS
Section 1:
The Village recognizes the following holidays wherein, unless required to work on that
day, Unit Members shall be given the day off and shall be paid eight (8) hours of pay at
their regular hourly rate of pay hereinafter called holiday pay: New Year's Day, Martin
Luther King, Jr. Day, President's Day, Memorial Day, independence Day, Labor Day,
Veteran's Day, Thanksgiving Day, day after Thanksgiving, day before Christmas Day,
Christmas Day, day before New Year's.
Full-time-Dispatchers who work on a holiday defined above, shall receive one and one-
half (1-1 /2) times their regular rate of pay and 8 hours of holiday pay (i.e. at their
regular rate). The one and one-half times the regular rate of pay shall not apply unless
the Unit Member has actually worked three (3) or more hours.
Unit Members whose regularly scheduled day off falls on a holiday shall receive 8
hours of holiday pay.
• In no event shall a Unit Member receive in excess of eight (8) hours of holiday pay for
any recognized Village holiday.
Full-time Plant Operators I & II and Plant Operator Trainees who work on a holiday
defined above, shall receive one and one-half (1-1/2) times their regular rate of pay
and 8 hours of holiday pay (i.e., at their regular rate). The one and one-half times the
regular rate of pay shall not apply unless the Unit member has actually worked three
(3) or more hours. In calculating the hours worked the minimum hours worked
provisions of the Pay Benefits article, Section 2, shall not apply, only actual hours
worked shall apply.
If a holiday falls on a Saturday, the Village will recognize the holiday on the preceding
Friday. If the holiday falls on a Sunday, the Village will recognize the holiday on the
following Monday.
Unit Members shall only receive holiday pay when they are in pay status on the day
before and the day after the holiday.
Full-time Unit Members whose regularly scheduled day off falls on a holiday shall
receive eight (8) hours pay at their regular hourly rate, except for full-time Dispatchers
• who shall receive eight (8) hours of compensatory time.
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• Except as provided above, full-time Unit Members who are required to work their
regular shift on the holidays above shall be paid for their hours worked at their regular
hourly rate of pay and eight (8) hours of holiday pay at their regular hourly rate of pay.
Full-time Dispatchers who work their regular shift on a holiday shall receive eight (8)
hours of compensatory time or holiday pay at their option. Such time credited under this
Article and the Hours of Work and Overtime Article shall not exceed a total of eighty
(80) hours.
Section 2:
Full-time Unit Members shall receive three (3) paid personal days per calendar year,
which, if not taken during that year, shall no longer be available to the Unit member for
utilization. Personal days shall be taken in minimum increments of four (4) hours.
•
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•
ARTICLE 13
VACATIONS
Section 1:
Vacation leave is accrued at the following rate upon the anniversary of a full-time unit
members date of hire as follows:
DATE OF HIRE
ANNIVERSARY
One (1) through Four (4)
Five (5) through Nine (9)
Ten (10) or more
Section 2:
ANNUAL VACATION
LEAVE ACCRUAL
80 Hours
120 Hours
160 Hours
The full-time employee shall earn vacation leave throughout the year. An employee is
• eligible for vacation leave with pay after having successfully completed his or her initial
six months probation review. Full time employees with less than one (1) year of
employment with the Village, who have successfully completed their probationary
period, shall accrue vacation leave at the same rate as an employee that has achieved
a one (1) year anniversary of employment with the Village as indicated in the table
above. Vacation hours are accrued on asemi-annual basis during the initial probation
review period (lump sum), and will continue to be earned throughout regular
employment, credited at 1126 of the employee's annual allotment each pay period.
Section 3•
The maximum carry-over from employee evaluation period under this Article is five
hundred (500) hours. Employees must use eighty (80) hours of vacation time per year
to be entitled to carry-over hours. Employees must take any leave over 500 hours
within thirty (30) days from their anniversary in the employee's present position, or they
will lose any vacation accrual in excess of the 500 hours. Employees must request all
vacation time off in writing. All employee requests for vacation time off shall be
reasonable and in accordance with that employee's departmental policies governing
vacation leave requests. The Village may not unreasonably deny the requested time off
when such request is for vacation time accrued in excess of 500 hours. If the Village
• unreasonably denies the requested time off the employee shall be paid the vacation
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• accrual in excess of 500 hours that was unreasonably denied by the Village. Vacation
leave may be requested for use in minimum four (4) hour increments.
Section 4:
When afull-time unit member has been pre approved for vacation leave and the
vacation leave granted to the full-time unit member falls on a scheduled Village of
Tequesta payday, the full-time unit member shall be entitled to receive in advance of
the scheduled vacation time off the regular paycheck that the unit member would
ordinarily receive, provided that the unit member includes such request in the required
written request for vacation time off and provided that the written vacation time off
request is received and approved by the unit member's Department Head no later than
the Monday before the last payday before the unit member's scheduled vacation time
off commences. The Department Head shall notify the Finance Department or Payroll
Supervisor to process such a request by a unit member no later than the Tuesday
before the last payday before the unit members scheduled vacation time off
commences.
Section 5:
•
When full-time unit members resign their position with the Village in good standing they
will be entitled to pay for all unused vacation leave. However, no employee shall be
paid for unused vacation leave over 500 hours.
Section 6:
Part-time unit members who have been employed by the Village for one (1) year shall
be entitled to two (2) weeks of vacation leave per year, without pay. Vacation leave
granted to part-time unit members shall not be carried over from year to year. In other
words, any vacation time granted to part-time unit members must be used within one
year of its receipt or it shall be lost by the part-unit member and no longer available for
use.
Section 7•
Vacation leave shall not accrue during leaves of absence without pay, suspensions in
excess of ten (10) working days per year, or when a Unit Member receives Workers'
Compensation temporary benefits and is not able to work in their position held
• immediately prior to the commencement of payment of Workers' Compensation
temporary benefits.
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•
•
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