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MEMORANDUM
To: Village Council
From: Michael Couzzo, Village Manager ,
Date:November 3, 2000
Subject: Collective Bargaining Agreement with the Communications Workers of
America(CWA) Local 3181
Enclosed for your consideration is the proposed collective bargaining agreement with the
Communications Workers of America(CWA)Local 3181. This agreement is the result
of negotiations with CWA representatives that began in July of this year. The agreement
replaces the existing agreement with CWA that became effective in October 1997 and
expired September 30, 2000.
The enclosed draft shows changes (additions are underlined and deletions have
strikethroughs) from the existing agreement. The significant provisions and changes to
the agreement include:
1. Article 1, page 2, Recognition: Exhibit A, referred to in this article and
attached to the agreement, contains a list of Village employee positions
included in the bargaining unit. It is being changed by adding the Accounting
Clerk positions. These positions became part of the bargaining unit in 1997.
This change to Exhibit A will update the list.
2. Article 2, page3, Representatives of Parties for Bargaining Purposes: Section
4 was added which allows employees who are union representatives to take
time off from work without pay to attend to union business. Up to four such
days per year would be allowed.
3. Article 5, page 6, Grievance Procedure: A standard form to be used for the
filing,of grievances has been devised (attached to the agreement as Exhibit B).
The article was changed to provide that the cost for any arbitration of
grievances be borne equally by both CWA and the Village. Language has
also been added that now requires(rather than being discretionary) Village
Department Heads and the Village Manager(or their designees)to meet with
employees to hear the grievances. Section 9 has been changed to include a
provision that allows for extensions of time when responding to grievances.
4. Article 7, page 10, Hours of Work and Overtime: Section 1 has been changed
to exclude certain leaves as time worked when computing overtime hours.
5. Article 8, page 12, Uniform Allowance: Section 2 has been changed by
specifying when clothing and cleaning allowances are to be paid to
employees. It also requires a pro rata reimbursement from employees who
receive a bi-annual cleaning allowance but who leave employment prior to the
end of the fiscal year.
6. Article 9, page 14, Wages: This article provides for a 3% cost of living
allowance(COLA)for each of the three years of the agreement, as well as a
0% to.5% merit pay increase based on the employee's annual performance
evaluation. These amounts are consistent with amounts received by other
employees. It is proposed that the COLA for this year be retroactive to
October 1, 2000. Section 2 was also amended to allow the extension of a
bargaining unit member's annual performance evaluation period in cases
where an employee is out of work in excess of sixty (60) days.
7. Article 10, page 16, Insurance: This article has been changed to allow greater
flexibility by the Village in implementing changes in employee health
insurance coverage over the three-year term of the agreement. Under state
law, the Village must still bargain with the union over the impact of any
changes that are implemented. The elimination of Sections 5 and 6 removes
the option of either party re-negotiating this article of the contract over the
term of the agreement. Because of the changes to Section 4, it was felt that it
would not be necessary to re-open this article.
8. Article 11, page 17, Sick Leave: Additions to the Sick Leave Article include
an exclusion for accruing sick leave while a bargaining unit member is on a
leave of absence, suspensions without pay in excess of ten days, or Worker's
Compensation leave. The Article now includes criteria for the use of sick
leave by employees, and a requirement for providing a doctor's note when a
bargaining unit member is out sick for more than three(3) days. Changes also
include a requirement that absences under the Family Medical Leave Act
(FMLA) run concurrently with the use of sick leave. This reflects the
Village's current practice for all other employees.
9. Article 13, page 21,Vacations: This article was changed to exclude the
accrual of vacation leave while a bargaining unit member is on leaves of
absence, suspensions without pay in excess of ten days, and Worker's
Compensation leave.
10. Article 23, page 34, Pay Benefits: Section 2 was changed to require that unit
members on standby use a Village take-home vehicle in order to insure timely
responses to emergencies. Compensation for employees on standby was
increased from three hours of pay per week to four hours of pay per week. A
5% base pay adjustment was added as an incentive for bargaining unit
members to obtain a Stormwater Certification. Section 4 was changed to
provide for time-and-one-half pay for bargaining unit members who are
required to work during emergencies (i.e. approaching hurricanes)when other
employees are sent home.
A vote by the union membership to ratify the agreement was held on November 1st. The
membership approved the proposed agreement by a unanimous vote (see attached letter
from CWA).
Staff recommends that the Village Council approve the proposed collective bargaining
agreement with the Communications Workers of America (CWA) for the years 2000 to
2003, and authorize the Mayor to execute same.,
Should you have any questions, please advise.
11/02/2000 11:48 564-640-9099 C14A PAGE 02
COI77/')ZW2iCREiOrLt
PALM BEACH COUNTY PUBLIC WORKERS
VILLAGE OF TEQUESTA PUBLIC WORKERS 4!I!'I
ST.LUCIE COUNTY SCHOOL BOARD PUBUC WORKERS �L (�/�J `�
LOCAL 301 • AFL-CIO-MC '`.6 ` " Y /0, Dr '1e 2
594 In 57REEr r'r r®'%="""
WEST PALM BEACH.FLORIDA 33413
W.P.B.PHONE:(161)6401359 • S.L.C.PHONE:(36114894500
W.P.B.FAX 1561)640-9099
November 2,2000
Richard Diamond
Acting Village Mmlage r/Cbref Negotiator
Village of Teque rta
250 To:questa Drive,Suite 300 FAXED*MAILED:November 2,2000
'requests FL 33469-0273 5754203
Dear Mr_Diamond:
Please be advised that the CWA conducted a ratification vote on the tentative 2000-2003
Collective Bargaining A,greameet on November 1,2000. lam pleased to announce that the
Bargaining Unit Workers voted unanimously to ratify the new throe year Awaement-
I would like to take this oppornmity to thank you,and Mr_Couzao along with the Village
bargaining team for their cooperation that finally brought this negotiations to a favorable
conclusion
Sincerely,
Richard IL Paulette,President •
RRP/br
(VO BarDiamond 11200)
cc: Mark Criss.CWA VP
Mark M Ctinteak,CWA Chief Steward
Mike Comm,Village Manager
VILLAGE OF TEQUESTA
AND
COMMUNICATIONS WORKERS OF AMERICA
COLLECTIVE BARGAINING AGREEMENT
2000- 2003
DO
TABLE OF CONTENTS
ARTICLE PAGE#
PREAMBLE 1
ARTICLE 1 - RECOGNITION 2
ARTICLE 2- REPRESENTATIVES OF PARTIES
FOR BARGAINING PURPOSES 3
ARTICLE 3- MANAGEMENT RIGHTS 4
ARTICLE 4- NON-DISCRIMINATION 5
ARTICLE 5- GRIEVANCE PROCEDURE 6
ARTICLE 6- NO STRIKE 9
ARTICLE 7- HOURS OF WORK AND OVERTIME 10
ARTICLE 8- UNIFORMS 12
ARTICLE 9- WAGES 14
ARTICLE 10- INSURANCE 16
ARTICLE 11.- SICK LEAVE 17
ARTICLE 12- HOLIDAYS 19
ARTICLE 13 - VACATIONS 21
ARTICLE 14- BEREAVEMENT LEAVE 23
-1-
TABLE OF CONTENTS
ARTICLE PAGE #
ARTICLE 15 - SENIORITY 24
ARTICLE 16- LAYOFFS 25
ARTICLE 17 - WORK RULES 27
ARTICLE 18- DRUG TESTING 28
ARTICLE 19 - SAFETY COMMITTEE 30
ARTICLE 20- LABOR MANAGEMENT COMMITTEE 31
ARTICLE 21- PAYROLL DEDUCTION OF UNION DUES 32
ARTICLE 22- LEAVE WITH PAY 33
ARTICLE 23- PAY BENEFITS 34
ARTICLE 24- LEAVE POLICY 36
ARTICLE 25- APPLICABILITY OF TERMS 37
ARTICLE 26- CONTRACT CONSTITUTES ENTIRE
AGREEMENT OF THE PARTIES 38
ARTICLE 27- DURATION, MODIFICATION
AND TERMINATION 39
EXHIBIT "A" 40
EXHIBIT "B" 41
PREAMBLE
This Agreement is entered into between the Village of Tequesta, Florida, ("Village"), and the
Communications Workers of America("CWA" or"Union").
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.
1
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".
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 oil; employees shall 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.
3
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.
4
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.
5
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 press a grievance, such grievance must be presented to the CWA for a
response. The CWA shall have ten(10)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 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
The aggrieved employee and/or the Union shall present in writing the grievance to the
Department Head within ten(10)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:
6
(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 ten(10)working
days following receipt of the grievance. The Department Head or
designee shall may 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 ten(10)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 ten(10)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 ten(10)
working days of the decision of the Village Manager in Step 2, or in the case of a Village
grievance,within ten(10)working days of the CWA's response.
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.
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.
7
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 the 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, add to, 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.
Section 11:
In keeping with the intention of the parties to resolve disputes in an informal manner, prior to
filing an unfair labor practice charge 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.
8
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.
9
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 worked as follows:
Communications Specialists Officer (Dispatcher)-- overtime or compensatory time at the
employees option, however, compensatory time accrual shall not exceed 80 hours.
Equipment Operator -- overtime
Service Technician I&II-- overtime
Park Foreman --overtime
Plant Operator Trainee — overtime
Service Technician Trainee -- overtime
Plant Operator I&II-- overtime
Deputy Building Official -- compensatory time
Clerk/Secretary--compensatory time
Customer Service Representative I&II-- compensatory time
For the purpose of computing overtime hours worked, holiday leave, vacation leave, sick leave,
personal leave, and funeral leave ,
shall not be included as hours worked.
worked-hi-a-work-week-7
SECTION 2:
Hours of work will be determined by Department—Heads 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.
10
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.
11
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 eeialists Officers(Dispatcher)--Two(2)pants or one(1)pants and one
(1) skirt to be provided at the employees option and three(3) shirts in any combination of long
sleeve or short sleeve at the employees option, one(1)tee shirt, and one(1)vest to be provided
at the unit members 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 employees 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 employees 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 employees 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 employees 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 employees 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 employees discretion.
12
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 Speeialists 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 of$100.00 per year
(t) 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.
13
ARTICLE 9
WAGES
SECTION 1:
Effective October 1, 1997 2000, all full-time Unit employees shall receive a 41 3.0% increase
on their current hourly rate.
Effective October 1, 1995.2001, all full-time Unit employees shall receive a 3.0 % increase on
their hourly rate then in effect.
Effective October 1, 1999 2002. all full-time Unit employees shall receive a 3.0 % increase on
their hourly rate then in effect.
SECTION 2:
For Fiscal Years 1997/1998, 1998/1999, and 1999/2000 2000/2001. 2001/2002. and 2002/2003
full-time unit employees shall receive performance reviews pursuant to the applicable Performance
Review Procedures of the Village of Tequesta which have customarily been used. Employees shall
receive merit increases from 0% to 5% in accordance with the Employee Handbook. Unit
members shall not receive a merit increase which shall cause said Unit Members annual base
salary to exceed his/her applicable position pay scale maximum base salary as listed in the
effective Village of Tequesta Position Pay Scale. The performance evaluation period for
employees on any type of approved leave for greater than sixty (60) days shall be extended for a
period of time equivalent to the number of days the employee is on leave for all future
evaluations.
SECTION 3:
Any employee may appeal their performance review to their Department Head, in writing,within
five (5) clays 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 Representative, 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. If no agreement is reached during the meeting
with the Department Head, the employee shall have the right to have a meeting with the Village
Manager and 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
Village Manager 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 Village Manager. If the evaluation is revised and a merit increase warranted, the raise shall be
implemented retroactively to the employee's anniversary date.
14
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.
SECTION 4:
Upon the successful completion of the initial probationary period, all newly hired full-time
employees that-are Unit Members shall receive a 2.5% salary increase. Successful completion is
defined as a satisfactory or above rating by the employee's supervisor, approved by the
Department Head and the Village Manager. Probationary period is defined as the initial period of
full-time Village employment, normally six months, but may be longer depending upon the
employee's performance, during which an employee may be terminated without appeal if he/she
does not demonstrate the necessary skills, abilities and/or adjustments required for the position.
SECTION 5:
All full-time Unit Members attaining eligibility in Fiscal Year '99�� 1999-2000 under the
Village Bonus Compensation Plan provisions shall receive payment in Fiscal Year '9^ 8
2000/2001 pursuant to the terms of the Bonus Compensation Plan.
All full-time Unit Members attaining eligibility in Fiscal Year '99 9w 2000-2001 under the
Village Bonus Compensation Plan provisions shall receive payment in Fiscal Year +998-4999.
2001-2002 pursuant to the terms of the Bonus Compensation Plan.
All Hill-time Unit Members attaining eligibility in Fiscal Year '9 8-4999 2001-2002 under the
Village Bonus Compensation Plan provisions shall receive payment in Fiscal Year +999-2000
2002-2003 pursuant to the terms of the Bonus Compensation Plan.
SECTION-6:
•
, ,
15
ARTICLE 10
INSURANCE
SECTION 1. Health Insurance
The Village agrees to pay 100% of the employee cost of health insurance premiums for those
full-time employees who elect to have such coverage. The Village agrees to pay 75% of the cost
of dependent health insurance premiums for those full-time Unit Members who elect such
coverage. Full-time Unit Members who elect such dependent coverage will pay 25% of the cost
of dependent health insurance premiums.
SECTION 2. Dental Insurance:
The Village agrees to pay 100% of the employee cost of dental insurance premiums for those
full-time employees that elect to have such coverage. Full-time unit members will pay 100% of
the cost of dental insurance premiums for dependents if the full-time unit member elects such
coverage.
SECTION 3. Life Insurance:
The Village will provide life insurance for full-time employees.
SECTION 4:
The Village may alter coverage provided in this Article_whenever-sueli-ehanges-emanat-e-frent the
Cost increases for plan coverages, including cost increases
associated with plan amendments , shall
automatically be passed on to Unit Members. The Union does not waive and shall retain its right
to bargain over the impact of any action taken by the Village concerning only this Article.
However, the Village may implement its decision prior to reaching agreement or impasse
resolution concerning the impact at issue in this Article only.
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SE,CTiON 6:
Lithe
16
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.
Sick leave may be accrued to a maximum of 200 days(1600 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 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(31
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 2:
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.
17
YEARS OF PERCENTAGE OF ACCRUAL
EMPLOYMENT PAID TO EMPLOYEE
One(1)through Four(4) 25 Percent
Five (5)through Nine(9) 33 Percent
Ten(10)through Nineteen (19) 40 Percent
Twenty(20)or more 50 Percent
SECTION 3:
Any sick leave Unit Members earn and do not use within a single fiscal year in excess of seven
(7) sick days may be converted to a cash payment. In a fiscal year, Unit Members may accrue
up to twelve (12) sick days, and up to five (5) of those are eligible for conversion as hereinabove
stated. If, for example, a Unit Member uses one(1)of their twelve(12) sick days,they then have
a balance of eleven(11) sick days. The Unit Member may then convert four(4)of the eleven(11)
remaining sick days to four (4) days pay. The employee does not have to convert the time, but
the employee sick balance cannot exceed 200 days. Conversion to a cash payment will show on
the employees'first paycheck in the month of December.
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.
18
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, 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 New Year's Day,President's Day,Memorial Day,Labor Day,
Independence Day, Thanksgiving Day and Christmas Day 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.
Full-time Dispatchers who work on the remaining holidays above shall receive their regular daily
rate of pay and 8 hours of holiday pay.
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 New Year's 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
as recognized by the Village 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.
19
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.
20
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 ANNUAL VACATION.
ANNIVERSARY LEAVE ACCRUAL
One(1)though Four(4) 80 Hours
Five(5)through Nine(9) 120 Hours
Ten(10) or more 160 Hours
Section 2:
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 a semiannual basis during the initial
probation review period (lump sum), and will continue to be earned throughout regular
employment, credited at 1/26 of the employee's annual allotment each pay period.
Section 3:
The maximum carry-over from employee evaluation period under this Article is three hundred
twenty hours(320 hours). Employees must take any leave over 320 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 320 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 320 hours. If
the Village unreasonably denies the requested time off the employee shall be paid the vacation
accrual in excess of 320 hours that was unreasonably denied by the Village. Vacation leave may
be requested for use in minimum four(4)hour increments.
Section 4:
When a full-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
21
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 members Department Head no later
than the Monday before the last payday before the unit members 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 320 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.
22
ARTICLE 14
BEREAVEMENT LEAVE
Regular employees shall be granted up to three(3) consecutive work days off at the employees
discretion for death in the employee's immediate family.
The immediate family shall be construed to mean one of the following:
spouse spouse's parent
child spouse's brother
parent spouse's sister
sister spouse's child
brother spouse's grandparents
grandparents stepsister
grandchild stepparents
stepbrother
stepchild
If additional time is necessary,the employee may request to use accrued vacation time,
compensatory time off or personal days, or the Village Manager may, at his sole discretion, grant
additional time off without pay.
23
ARTICLE 15
SENIORITY
Section 1.
Seniority for purposes of application of this Agreement is an employee's length of continuous
service with the Village, dating from his/her date of hire into a went regular position.
Section 2.
Seniority shall be used for the purpose of scheduling vacation.
Section 3.
Seniority and the employment relationship shall be broken and terminated if an employee:
(a) quits or fails to report to work for three consecutive days without notifying
his supervisor,
(b) is discharged for just cause;
(e) fails to report to work at the termination of a leave of absence or extension.
thereof or
(d) is absent for more than 200 days for any reason, inclusive of FMLA,if
any.
24
ARTICLE 16
LAYOFFS
Section 1. The Village shall have the right to determine the means of effectuating layoffs. The
Village may impose general across-the-board layoffs, potentially effecting all members of the
Bargaining Unit equally, regardless of classification. The Village may impose layoffs which may
impact specific classifications only or other layoff formats that the Village chooses in order to
operate and manage its affairs in all respects. When in the sole discretion of the Village layoffs
will occur, they will be accomplished in the following manner.
1) Full-time unit members on probationary status shall be laid off first and in the inverse
order of hire(i.e. latest date of hire first)
2) Full-time employees, in affected classifications,will be laid off in the inverse order of their
seniority if they have equal skill, qualifications and performance evaluations(i.e. an
employee who has greater skills, qualifications and performance evaluations may be
retained over an employee with greater seniority.
Section 2. In the event the Village chooses to impose layoffs impacting specific classifications,
the Village recognizes the potential that unit members may be subject to layoff even though they
have a level of skill and training in excess of unaffected employees engaged in another
classification. Therefore, whenever the Village imposes any specific classification(s) layofi1s)the
following procedures shall apply:
1) Any full-time unit member designated to be laid off shall have the right to "bump" the least
senior full-time probationary unit member in an initial probationary status classification, in
another job classification , provided that the employee has a level of skill and training in excess
of such employee(s) as determined by the Department Heads and the Village Manager.
2) In the event there are no full-time unit members in or remaining in an initial probationary status
category, the full-time unit member designated for layoff shall have the right to "bump" or
transfer the layoff to a full-time unit member having less merit than the unit member designated
for layoff as determined on the basis of merit, including the length and character of their service,
job knowledge, skills and abilities, and the needs of the Village, as determined by the Department
Heads and the Village Manager.
25
Section 3. Laid off unit members who are qualified for an existing opening in a position of equal
or lesser status to their previously held position will be recalled for up to six(6) months from the
time they are laid off Laid off unit members shall be recalled on the same basis in which they
were laid off. In the event of a recall, the Village shall notify the unit member by certified mail,
return receipt, of such recall and give the unit member five (5) days to,reply. It is the
responsibility of the unit member to keep his/her current address on file with the Village. No
position shall be held open for an unit member for more than five (5) days after he/she has
received the Notice of Recall.
26
ARTICLE 17
WORK RULES
Section 1:
Each member of the bargaining unit shall be provided with a copy of the department's rules and
regulations, procedural manuals formulated by the Village and a copy of this collective bargaining
Agreement upon ratification of this Agreement. All new Unit Members hired after the ratification
of the Agreement shall be provided with copies of the same by the Village.
Section 2:
Any changes of rules and regulations must be posted by the Village on all designated bulletin
boards three (3) working days prior to implementation, unless emergency circumstances dictate
the imposition of an immediate effective date for the rule change.
27
ARTICLE 18
DRUG-TESTING
Section 1
The parties agree to implement the Village's Drug Free Workplace Policy.
Section 2.
The authority to order an applicant or employee to submit to drug or alcohol testing pursuant to
the Village's Policy is vested in the Village and its officials acting in the interests of the Village.
Authority to test is subject to the following guidelines:
1. All job applicants will be subject to testing without the necessity of particular
authorization from any Village official or representative.
2. Drug testing which is conducted pursuant to a routine fitness for duty examination does
not require particular authorization from any designated Village official beyond that
required for the examination itself.
3. Reasonable suspicion testing must be authorized by a Village employee of supervisory or
higher status in the Village organization. Supervisors with information(including through
their own observation)concerning employee drug or alcohol use in violation of this Policy
are authorized to make a determination as to whether he or she believes there is a
reasonable suspicion that the employee is using or has used drugs or alcohol in violation of
this Policy. This decision must be made by a supervisory or higher ranking employee, but
he or she may consult one or more of the following: Department Head, Safety Committee
Chair, Village Attorney, or Village Manager. An order to submit to testing may be given
by the decision-maker or another appropriate supervisory employee.
4. Except to the extent modified by other Village policies or collective bargaining
agreements, follow-up testing may be authorized by a supervisor or higher ranking
employee.
Section 3.
Employees who come forward on their own accord seeking assistance for a drug or alcohol
problem shall be given a one-time opportunity to go through rehabilitation under the Village's
Employee Assistance Program without being subject to discipline. If the employee does not
successfully complete the rehabilitation, tests positive at a later date, or is under the influence of
drugs or alcohol at a later date, then the employee shall be disciplined up to and including
termination. Employees testing positive under this Article shall be subject to additional follow-up
testing per the Village's Drug Free Workplace Policy.
28
Section 4.
The Village's Drug-Free Workplace Policy shall go into effect upon written notification by the
Village no sooner than 60 days following the Village's ratification of this Agreement.
29
ARTICLE 19
SAFETY COIVI IITTEE
The parties agree to establish a safety committee, pursuant to Section 442.012 Florida Statutes.
30
ARTICLE 20
LABOR-MANAGEMENT COMMITTEE
Section 1: The Village and the Union agree to establish a Labor-Management Committee to
encourage and foster effective labor-management cooperation and communication.
Section 2: The Committee shall be composed of four(4)members designated by the Village and
three (3) members designated by the Union from the bargaining unit. The parties shall provide
each other with the names of their designated committee members.
Section 3: Meetings will be held quarterly or at the request of either party on official time during
duty hours for the purpose of discussing labor-management matters. The parties agree that
grievances of employees shall not be appropriate for discussion.
Section 4: The Union, through one of the employee representatives designated for that purpose,
shall submit agenda items to the committee chair designated by the Village at least fourteen (14)
days prior to the meeting. Likewise, the chair designated by the Village shall provide the Union
with agenda items to be raised at least fourteen (14) days prior to the meeting. If there are no
agenda items submitted, the meeting will be canceled. Each party may maintain its own minutes
of the meetings, and may arrive at joint recommendations.
31
ARTICLE 21
PAYROLL DEDUCTION OF UNION DUES
Section 1
The Village agrees to make payroll deductions based upon an annual calculation of Union dues
when authorized to do so by the employee on a form certified to the Village by the
Secretary-Treasurer of the Union and to pay over to the Secretary-Treasurer of the Union any
amounts so deducted. Annual union dues are calculated by multiplying monthly union dues times
twelve(12).
Section 2.
(a) The Village agrees that, upon receipt of an individual written request on a form specified in
Section 1 and signed by an employee covered by this Agreement, it will deduct biweekly from
such employee's wages the amount of Union dues and initiation fees specified in such request not
to exceed 1/26th of the annual union dues. Additionally, the Village will deduct the full initiation
fee, if any, from the employees wages in a lump sum upon the initial payroll deduction to be
implemented for Unit Members authorizing such deduction. The Village will forward monthly an
amount equal to two (2) hours of wages per month for each employee authorizing the same, plus
initiation fees authorized by a Unit Member, if any, to the Secretary-Treasurer of the Union or
his/her authorized agent as may be requested in writing.
(b)In general, dues deduction will be made in designated pay periods,for properly executed dues
deduction authorizations received by the appropriate Village representative on or before the 15th
day of the following month. The Village shall assume no responsibility either to the employee or
to the union for any failure to make or for any errors made in making such deductions. The
Village will make such efforts as it deems appropriate in correcting any such errors or omissions.
(c) An employee of the bargaining unit may submit a written request to the Village payroll
supervisor and the Union President to revoke a dues deduction authorization which shall be
effective within thirty (30) days of receipt by the Village Payroll Supervisor and the Union
President. Copies of Unit Member written requests for dues deductions revocations received by
the Village payroll supervisor will be supplied to the Union President.
Section 3.
The Village shall submit a monthly list of the names, addresses and social security numbers of
employees in the bargaining unit, employees on whose behalf dues have been deducted, Village
employee identifying numbers, seniority date, or date of hire, of additions, date of termination, or
date of transfer out of the bargaining unit for deletions. The payroll deduction remittance to the
Union will be made during the first fifteen(15)days of each calendar month.
32
ARTICLE 22
LEAVE WITH PAY
Section 1.
Attendance at Meetings. Leave with pay may be granted for Village approved attendance at
official Village or work related educational meetings, conferences or seminars, if authorized in
writing by the Department Head.
Section 2.
Jury Duty or Witness Duty. Leave with pay will be granted for jury duty, pursuant to applicable
law, upon presentation of the summons, in advance of the leave requested, to the Department
Head. Unit members shall receive no pay for witness duty as a result of litigation or an
administrative hearing between the Village and the CWA and/or any unit employee(s). A
full-time unit member may use personal days and vacation accruals for time-off associated with
such witness duty with the prior permission of the Department Head upon presentation of a
subpoena to the Department Head. The Village will pay the difference between the employee's
regular salary and any compensation or reimbursement the employee receives for serving on jury
duty. In order for unit members to receive their regular paycheck, checks received from the
court must be submitted to the Finance Department. Employees who are called to testify on behalf
of the Village will be given time off with pay.
Section 3.
Blood Donation. In the event the Village participates in a blood donation drive on the Village
premises, employees will be given time off to be determined by the Village,in order to participate
in the same.
33
ARTICLE 23
PAY BENEFITS
Section 1. Recall Pay.
Employees who are recalled to duty shall be compensated at a rate of 1-1/2 times for the actual
hours worked, or a minimum of two(2)hours, whichever is greater.
Section 2. Standby Pay
Employees who work in a classification which requires them to be on emergency standby (Plant
Operator Trainee, Plant Operator I & IL, Service Technician Trainee and Service Technician I &
II ) and subject to call back in case of emergency will receive 3- 4 hours pay per week at the
employees current hourly rate of pay. If the standby assignment is on a rotation, the amount of
standby pay will be prorated. If standby assignments cease, the amount of standby pay will be
discontinued. Unit members on standby who do not respond when called by the Village shall not
be provided with standby pay for that day and may also be subject to disciplinary action. Unit
members on standby who call in sick for regular duty shall not respond to call back on that day
• nor shall they receive standby pay for that day. Unit members on standby must take home a
Village vehicle in order to respond when recalled to duty.
Section 3. Certification Pay
Employees who work for the Water Department in the job classifications of Service Technician
and Plant Operator shall receive an additional 5% pay adjustment at their current rate of pay for
receiving a B or C License upon presentation of the same to the Department Head. In the event
the Water Department goes to an A status, as determined by the Department of Environmental
Protection, employees receiving an A license shall receive a 5%pay adjustment upon presentation
of the same to the Department Head. Any employee losing their license(s) shall have the
referenced pay adjustment(s) rescinded and are subject to demotion and termination of
employment with the Village. Employees who receive a Stormwater C or B Certification will
receive an adjustment of 5% to their base pay. It is understood that employees who obtain
Stormwater Certification(s)will perform stormwater duties as required.
Section 4. Emergency Status Pay
In the event of a declared emergency or hurricane, if the Village sends employees home during an
emergency situation or hurricane, those employees will receive regular pay for that day and it will
also be counted for the purpose of computing overtime.
Any employee who is called in to work or is scheduled to work during a declared emergency or
hurricane shall receive time and one half for every hour worked.
34
Section 5. Maximum Compensation
In no event shall any unit member receive more than time and one-half his/her regular hourly rate
for hours worked. Employees receiving holiday pay may receive that compensation in addition to
the appropriate hourly rate for time worked.
35
ARTICLE 24
LEAVE POLICY
Section 1 . Military Leave
Military Leave is granted to regular employees to serve in the United States volunteer forces, in
the state National Guard or in the U.S. regular forces.
Employees must notify their supervisor if they are a member of the National Guard or the
Reserves. Reserve officers and enlisted personnel in the U.S. military or naval service are entitled
to up to 17 working days annually of Military Leave. There is no loss of benefits or seniority
while on Military Leave. If military pay is less than the employees Village salary, the Village will
make up the difference, for up to 17 days. If a longer period of leave is required, the leave is
unpaid but employees still accrue vacation time and lose no seniority. Employees must present
their orders and documentation of the pay they receive,if any,from their military position.
Section 2 .Administrative Leave
Administrative Leave with pay may be granted by the Village Manager for special circumstances.
Section 3. Family Medical Leave
Family leave may fall under the Family Medical and Leave Act. Employees shall use their accrued
sick leave, vacation leave, and personal leave for this purpose when taking family and medical
leave as provided by federal law. If accrued paid leave is exhausted the remainder of the leave
shall be without pay. Family Medical Leave shall not exceed twelve (12) weeks per annual
evaluation period year.
36
ARTICLE 25
APPLICABILITY OF TERMS
Unit Members who are full time Village employees shall receive the wages and benefits provided
herein.
Except as provided by law or the express terms of this Agreement, Unit Members who are not
full-time Village employees shall receive an hourly wage, but shall not receive any other economic
(e.g., insurance, holiday pay, vacation, etc.) benefits in this Agreement. In other words, in any
section of this Agreement where economic benefits are provided for Unit Members, the Village
shall not be required to provide such benefits for part-time employees unless the section explicitly
refers to part-time employees'entitlement to the benefit.
37
ARTICLE 26
CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES
The parties acknowledge and agree 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 included by law within the area of collective bargaining and that all the
understandings and agreements arrived at by the parties after the exercise of the right and
opportunity are set forth in this Agreement.
This Agreement may be amended by mutual agreement of the parties but any amendment must be
in writing and signed by duly authorized representatives of the parties before it will be effective.
38
ARTICLE 27
DURATION, MODIFICATION AND TERMINATION
The Agreement shall be effective upon ratification of the Parties, (except those Articles which
explicitly provide for a different effective date) and shall continue in full force and effect until the
thirtieth(30th) day of September,2000 2003.
At least thirty (30) days prior to September 30,2000 2003, but not prior to April 1, 2004 2003.
either party hereto shall notify the other, in writing, of its intent to modify, amend, or terminate
the Agreement.
Failure to notify the other party of intention to modify, amend, or terminate as hereinabove set
forth,will automatically extend the provisions and terms of this Agreement for a period of one (1)
year,and each year thereafter absent notification.
SIGNED THIS,DAY OF, , 1997 2000.
VILLAGE OF TEQUESTA: COMMUNICATIONS WORKERS OF AMERICA:
39
EXHIBIT"A"
Accounting Clerk I&II
Customer Service Representative I& II
Plant Operator I&II
Field Technician
Equipment Operator
Clerk/Secretary
Service Technician I&II
Park Foreman
Plant Operator Trainee
Service Technician Trainee
Deputy Building Officer
Communications Officer
40
EXHIBIT"B"
C.W.A./VILLAGE OF TEQUESTA GRIEVANCE FORM
NOTE: Before filling out this form, carefully read Article 5 of the VOT&CWA Collective
Bargaining Agreement, Grievance Procedure. Please type or print plainly.
NAME TITLE
DEPT. TODAY'S DATE:
MAILING ADDRESS:
EMPLOYEE MUST PROVIDE THE FOLLOWING INFORMATION:
1) DATE OF ALLEGED INCIDENT GIVING RISE TO THIS GRIEVANCE:
2) ARTICLE AND SECTION OF THE AGREEMENT ALLEGEDLY VIOLATED:
3) RELEVANT INFORMATION CONCERNING THE GRIEVANCE:
4) RELIEF SOUGHT BY EMPLOYEE:
NOTE: ATTACH ADDITIONAL SHEETS,IF NEEDED.
EMPLOYEE SIGNATURE:
STEP I
DATE RECEIVED BY DEPARTMENT HEAD:
DEPARTMENT HEAD RESPONSE/ACTION/COMMENTS:
NOTE: ATTACH ADDITIONAL SHEETS, IF NEEDED.
DATE OF DEPARTMENT HEAD RESPONSE:
DEPARTMENT HEAD SIGNATURE:
EXHIBIT"B"
STEP 2 (IF DESIRED)
EMPLOYEE SIGNATURE:
DATE RECEIVED BY VILLAGE MANAGER:
VILLAGE MANAGER'S RESPONSE:
NOTE: ATTACH ADDITIONAL SHEETS, IF NEEDED.
DATE OF VILLAGE MANAGER RESPONSE:
VILLAGE MANAGER'S SIGNATURE:
STEP 3(IF DESIRED)
I AM NOT SATISFIED WITH THE STEP 2 RESPONSE AND WISH TO APPEAL THIS
GRIEVANCE TO ARBI71(ATION. ACCORDINGLY, THE EMPLOYEE SHALL
FORWARD THIS TO THE CWA FOR A DECISION RELATIVE TO PROCEEDING WITH
ARBITRATION.
EMPLOYEE SIGNATURE:
DATE RECEIVED BY FOP REPRESENTATIVE:
THE CWA HAS DECIDED TO APPEAL THIS MATTER TO ARBITRATION PURSUANT
TO ARTICLE 5, SECTION 5, STEP 3 OF THE COLLECTIVE BARGAINING
AGREEMENT.
FOP REPRESENTATIVE SIGNATURE:
DATE:
DATE RECEIVED BY VILLAGE MANAGER: