HomeMy WebLinkAboutDocumentation_Regular_Tab 10I_11/13/1997 :P'
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Memorandum
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To: Village Council
From: Thomas G. Bradford, Village Manager
Date: November 5, 1997
Subject: Proposed Addendum to Collective Bargaining Agreement
Between the Village and the Communications Workers of
America; Agenda Item
The attached Addendum to the Collective Bargaining Agreement
between the Village and the CWA is being presented to you at this
time for consideration of ratification. At this juncture, there
are two (2) items outstanding that will need to occur prior to
your consideration of ratification.
We are awaiting receipt of a letter from the CWA approving
Tequesta' s proposed life insurance provider change.
Additionally, the Village Manager must sign the proposed
Addendum, which will be done upon receipt of the referenced
letter from the CWA. We anticipate that these items will occur
prior to your November 13, 1997, Village Council Meeting.
In anticipation of the outstanding items occurring prior to your
Meeting, staff recommends approval of this Addendum. If the
conditions referenced above do not occur, the Village Manager
will request that this item be deleted from your Agenda under
Approval of Agenda.
TGB/krb
council\110597.sam
ADDENDUM TO COLLECTIVE BARGAINING AGREEMENT
BETWEEN
VILLAGE OF TEQUESTA
AND
COMMUNICATIONS WORKERS OF AMERICA
The Village of Tequesta and the Communications Workers of America, having entered into
negotiations pursuant to a reopener(s) in their 1995 - 1998 Collective Bargaining Agreement
("Agreement") and, thereafter, having voluntarily reopened the entire Agreement, do hereby
extend the Agreement through September 30, 2000, except as modified below. The Articles
modified below supercede those specific Articles in the Agreement.
ARTICLE 9
WAGES
SECTION 1:
Effective October 1, 1997, all full-time unit employees shall receive a 4.0 % increase on their
current hourly rate.
Effective October 1, 1998, all full-time unit employees shall receive a 3.0 % increase on their
hourly rate then in effect.
Effective October 1, 1999, 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 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
payscale maximum base salary as listed in the effective Village of Tequesta Position Pay Scale.
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SECTION 3:
Any employee may appeal their performance review to their Department Head, in writing, within
five (5) 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
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represented by a 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 a 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. 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.
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 skill, abilities and/or adjustments required for the position.
SECTION 5:
All full-time unit members attaining eligibility in Fiscal Year 1996/1997 under the Village Bonus
Compensation Plan provisions shall receive payment in Fiscal Year 1997/1998 pursuant to the
terms of the Bonus Compensation Plan.
All full-time unit members attaining eligibility in Fiscal Year 1997/1998 under the Village Bonus
Compensation Plan provisions shall receive payment in Fiscal Year 1998/1999 pursuant to the
terms of the Bonus Compensation Plan.
All full-time unit members attaining eligibility in Fiscal Year 1998/1999 under the Village Bonus
Compensation Plan provisions shall receive payment in Fiscal Year 1999/2000 pursuant to the
terms of the Bonus Compensation Plan.
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SECTION 6:
Nothing in this Article shall require the payment of any wage increase, including merit increases,
after September 30, 2000, unless such increases result from bargaining after the timely reopening
of this Article as provided in Article 27 -Duration,Modification, and Termination.
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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
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'1.
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.
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.
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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.
At least thirty(30) days prior to September 30, 2000, but not prior to April 1, 2000, 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.
VILLAGE OF TEQUESTA: COMMUNICATION WORKERS OF AMERICA:
File:zcs/cwnm.SAM
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