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AGREEMENT
BETWEEN
VILLAGE OF TEQUESTA
AND
COMMUNICATIONS WORKERS OF AMERICA
COLLECTIVE BARGAINING AGREEMENT
October 1, 2007 -September 30, 2010
TABLE OF CONTENTS
ARTICLE NO. PAGE NO.
PREAMBLE ....................................................................................................................1
ARTICLE 1 ......................................................................................................................2
RECOGNITION ................................................................................ ............................2
ARTICLE 2 .......................................................................................... ............................3
REPRESENTATIVES OF PARTIES ................................................. ............................3
FOR BARGAINING PURPOSES
ARTICLE 3 .......................................................................................... ............................4
MANAGEMENT RIGHTS ................................................................. ............................4
ARTICLE 4 .......................................................................................... ............................5
NON-DISCRIMINATION ................................................................... ............................ 5
ARTICLE 5 .......................................................................................... ............................6
GRIEVANCE PROCEDURE ............................................................. ............................6
ARTICLE 6 .......................................................................................... ............................9
NO STRIKE ...................................................................................... ............................ 9
ARTICLE 7 ................................................. 10
......................................... ..........................
HOURS OF WORKAND OVERTIME ............................................... ..........................10
ARTICLE 8 .................................................... 11
...................................... ..........................
UNIFORMS ...................................................................................... ..........................11
ARTICLE 9 .................................................. 13
........................................ ..........................
WAGES ............................................................................................ ..........................13
ARTICLE 10 ...................................................... 14
.................................. ..........................
INSURANCE .................................................................................... ..........................14
ARTICLE 11 .......................................................... 15
.............................. ..........................
SICK LEAVE ..................................................................................... ..........................15
ARTICLE 12 ........................................................................................ ..........................17
HOLIDAYS ....................................................................................... ..........................17
ARTICLE 13 ............................................................•-----...................... ..........................18
VACATIONS ..................................................................................... ..........................18
TABLE OF CONTENTS
ARTICLE NO. PAGE NO.
ARTICLE 14 ..................................................................................................................20
BEREAVEMENT LEAVE ................................................................................. ...........20
ARTICLE 15 ....................................................................................................... ...........21
SENIORITY ..................................................................................................... ........... 21
ARTICLE 16 ....................................................................................................... ...........22
LAYOFFS ........................................................................................................ ........... 22
ARTICLE 17 ....................................................................................................... ...........24
WORK RULES ................................................................................................ ...........24
ARTICLE 18 ..................................................................................................................25
DRUG-TESTING ............................................................................................. ...........25
ARTICLE 19 ..................................................................................................................27
SAFETY COMMITTEE .................................................................................... ...........27
ARTICLE 20 ..................................................................................................................28
LABOR-MANAGEMENT COMMITTEE ........................................................... ...........28
ARTICLE 21 ..................................................................................................................29
PAYROLL DEDUCTION OF UNION DUES ...................................................... ..........29
ARTICLE 22 ..................................................................................................................31
LEAVE WITH PAY ............................................................................................ ..........31
ARTICLE 23 ..................................................................................................................32
PAY BENEFITS ................................................................................................ ..........32
ARTICLE 24 ..................................................................................................................34
LEAVE POLICY ................................................................................................ ..........34
ARTICLE 25 ..................................................................................................................35
APPLICABILITY OF TERMS ............................................................................ ..........35
ARTICLE 26 ..................................................................................................................36
CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES ........ .......... 36
ARTICLE 27 ..................................................................................................................37
DURATION, MODIFICATION AND TERMINATION ......................................... ..........37
TABLE OF CONTENTS
ARTICLE NO.
PAGE NO.
EXHIBIT „A" .................................................................................................................38
EXHIBIT „B" .................................................................................................................39
iv
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."
2
ARTICLE 2
REPRESENTATIVES OF PARTIES
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.
Spr_tinn ?•
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:
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. Total time off shall be limited to thirty (30) working days per
employee per fiscal year, including 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:
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 3:
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 4:
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 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.
6
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's response to the grievance shall be due in writing within
fifteen (15) working days after the meeting.
Note: Where appropriate, grievances may be submitted directly to the Village
Manager.
Step 3
Where the CWA/employee as the grievant seeks arbitration, they must notify the
Village within thirty (30) working days of the decision of the Village Manager in
Step 2.
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
alternatively 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.
7
Section 5'
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 6:
The arbitrator shall have no power to alter, modify, amend or subtract from the terms of
this Agreement.
Section 7:
Grievances involving or affecting more than one member of the bargaining unit may be
filed collectively by the CWA.
Section 8:
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 9:
When reviewing a grievance about a performance evaluation, the arbitrator cannot re-
evaluate the employee. The arbitrator's authority is limited a determination of whether
the employer has correctly followed the applicable Village procedures related to
performance evaluations. In the event that the arbitrator determines the procedures
were not correctly filed, the sole remedy available is to return the matter to the Village
for re-evaluation. 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 10:
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 or 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 at the employee's option.
Eor the purpose of computing hours worked, sick leave, personal leave, holidays not
worked, and bereavement 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. Overtime work records shall be
maintained by the Village Payroll Supervisor and may be examined there.
10
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.
11
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:
All unit members (except for those on new hire probation) shall receive
performance reviews within thirty (30) days of October 1. All new hire
probationary employees shall receive a performance review within ten
(10) days after completion of their six-month probationary status.
Evaluations shall be conducted pursuant to the Village's Performance
Planning and Review system. Evaluations shall be conducted on a
satisfactory/unsatisfactory basis.
2. If a unit member receives a "satisfactory" evaluation, the unit member will
receive a five percent (5%) pay increase. All such unit members (except
for those on new hire probation) shall receive said pay increase effective
October 1, 2007. Unit members on new hire probation who receive a
satisfactory evaluation shall receive the pay increase effective the first pay
period after the completion of their probationary status. Effective October
1, 2008 and October 1, 2009, unit members will receive a five (5%) pay
increase.
3. Any unit member not on new hire probation who receives an
"unsatisfactory" evaluation shall not be entitled to any salary increase. An
employee on new hire probation who receives an "unsatisfactory
evaluation" shall be terminated.
Section 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 completed within
fifteen (15) working days after the meeting between the employee and the Department
Head.
The appeal provisions contained herein shall not be applicable to any performance
evaluation rendered to an employee while said employee is on probationary status. An
arbitrator cannot re-evaluate an employee, but can only determine whether the
employee has been evaluated properly according to the Village procedures.
13
ARTICLE 10
INSURANCE
Section 1:
A. The following provisions shall remain in effect until September 30, 2008:
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 'h) times their annual salary, plus an additional Five Thousand
Dollars ($5,000.00), up to a maximum of $150,000.
This article will be reopened annually for renegotiation upon written notice by either
party.
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.
14
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:
Maximum Sick Leave Accrual. Sick leave may be accrued to a maximum of 140 days
(1120 hours).
Sick leave shall not accrue during leaves of absence without pay or suspensions in
excess of ten (10) working days per year. 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, the employee will accrue sick leave on the same basis as if
regularly employed, but such accrual is credited to the employee only upon return to
work. If an employee separates without returning to work, no payment shall be made
for such sick and vacation credit.
For absences of more than three (3) days, the Village requires 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 (3) days to care for an immediate family
member shall require the prior approval of the full-time Unit Member's Department
Head.
15
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 Buy 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 Village .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 Village 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.
16
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 unit members who work on a holiday defined above, shall receive one and
one-half (1-1/2) times their base rate of pay and 8 hours of holiday pay (i.e. at their
regular rate).
In the event a holiday falls upon a Sunday, the following Monday shall be deemed to be
the legal holiday. In the event the legal holiday falls on a Saturday, the preceding
Friday shall be deemed to be the legal holiday. Where December 24th and 25th and
December 31St and January 1St fall on a Saturday/Sunday, the holidays will be observed
on the following Monday and Tuesday. Where these dates fall on a Friday/Saturday,
the holiday falling on the Saturday will be observed on the Monday, and where these
dates fall on a Sunday/Monday, the Tuesday will be observed as a holiday.
Unit Members shall only receive holiday pay when they are in pay status on the day
before and the day after the holiday.
Section 2:
Full-time Unit Members shall receive three (3) paid personal days per calendar year,
which, if not taken in time to be recorded within the final pay period 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
member's date of hire as follows:
DATE OF HIRE
ANNIVERSARY
ANNUAL VACATION
LEAVE ACCRUAL
One (1) through Four (4)
Five (5) through Nine (9)
Ten (10) or more
Section 2:
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 1/26 of the employee's annual allotment each pay period.
Section 3:
The maximum carry-over under this Article is three hundred and twenty (320) hours.
Employees who have completed one (1) year of service must use eighty (80) hours of
vacation time per fiscal year to be entitled to carry-over hours. Employees must take
any leave over 320 hours prior to October 1 of each year, or they will lose any vacation
accrual in excess of the 320 hours. Where employees with 1 or more years of service,
do not use a minimum of 80 hours of vacation per fiscal year, all accrued time not
eligible for rollover, will be forfeited. 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. If the Village
unreasonably denies the requested time off the employee shall be paid the vacation
accrual in excess of 320 hours that were unreasonably denied by the Village. Vacation
leave may be requested for use in minimum four (4) hour increments.
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Section 4:
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 5:
Vacation leave shall not accrue during leaves of absence without pay and suspensions
in excess of ten (10) working days per year. 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, the employee will accrue vacation on the same basis as if regularly
employed, but such accrual is credited to the employee only upon return to work. If an
employee separates without returning to work, no payment shall be made for such
vacation credit.
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ARTICLE 14
BEREAVEMENT LEAVE
Regular employees shall be granted up to three (3) consecutive work days off at the
employee's discretion for death in the employee's immediate family.
The immediate family shall be construed to mean one of the following:
Spouse
Child
Parent
Sister
Brother
Grandparents
Grandchild
Domestic Partner
Spouse's Parent
Spouse's Brother
Spouse's Sister
Spouse's Child
Step-Sister
Step-Parents
Step-Brother
Step-Child
To qualify for this benefit in respect of the death of a domestic partner, the employee
must be registered with the Office of the Clerk and Comptroller of Palm Beach County,
pursuant to Palm Beach County Ordinance 2006-002.
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.
20
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 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;
(c) 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.
21
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 affecting 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); and
(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) layoff(s) 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
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their service, job knowledge, skills and abilities, and the needs of the
Village, as determined by the Department Heads anal the Village
Manager.
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 a unit member for more than
five (5) days after he/she has received the Notice of Recall.
23
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.
24
ARTICLE 18
DRUG-TESTING
Section 1:
The parties agree to implement the Village's Drug Free Workplace Policy 3.12.
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 cone-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
25
this Article shall be subject to additional follow-up testing per the Village's Drug Free
Workplace Policy.
26
ARTICLE 19
SAFETY COMMITTEE
The Safety Committee will be in accordance with the Village's Safety Committee policy
number 7.1.
27
ARTICLE 20
LABOR-MANAGEMENT COMMITTEE
Section 1:
At mutually agreeable times, representatives of the Union and Management shall meet
upon request of either party for the purpose of discussing any matter of mutual interest.
This meeting request shall be in writing and identify the questions or issues to be
discussed.
Section 2:
The purpose of this procedure is to stimulate ideas and foster good working
relationships between the union and management. These meetings are not intended to
circumvent the chain of command, but do provide the process and method to
communicate ideas, suggestions and avert possible grievances. Grievances must be
addressed through the proper procedure.
28
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 employee's 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 or the amount thereof
determined by the union 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.
29
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.
30
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). Afull-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.
31
ARTICLE 23
PAY BENEFITS
Section 1. Recall Pav
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 Pav
Employees who work in a classification which requires them to be on emergency
standby (Plant Operator Trainee, Plant Operator I & II, Service Technician Trainee and
Service Technician I & II) and subject to call back in case of emergency will receive 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 Pav
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. The Village will pay for the cost of renewal of said license. 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 and maintain a Stormwater "B" or "C" 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. The Village will pay for the
cost of renewal of water licenses.
Section 4. Emergency Status Pav
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.
32
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.
Section 5. Maximum Comaensation
Employees receiving holiday pay may receive that compensation in addition to the
appropriate hourly rate for time worked.
Section 6. Leadworker Pav
A leadworker is responsible for assigning and reviewing the work of other employees in
the absence of other supervision. This is a temporary assignment and shall not include
hiring decisions, performance reviews, or disciplinary actions. An employee assigned
as a leadworker shall be paid five percent (5%) above his or her current salary and will
only be paid this differential after working a minimum of forty (40) hours as a leadworker
each fiscal year.
33
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
employee's 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.
34
ARTICLE 25
APPLICABILITY OF TERMS
Unit Members who are regular, full time Village employees shall receive the wages and
benefits provided herein.
35
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
amendment must be in writing and signed by duly authorized
parties before it will be effective.
the parties but any
representatives of the
36
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 2010.
At least thirty (30) days prior to September 30, 2010, 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 '~--~~~,,;-;~, , 2008.
ATTEST: VILLAGE OF TEQUESTA
~~- ' " l !. ~lQ-Q c C?~ri
Lori McWilliams, CMC
Village Clerk
Michael Couzzo ~
Village Manager
F T
SEAS`'':
INCORPORATED .•'
[VILLAGE S
COMMUNICATIONS WORKERS OF
AMERICA
.cS~~~i~~~~~. .~-
Gary McCallister
Staff Representative
APPROVED BY VILLAGE COUNCIL AT
MEETING HELD ON JUNE 12, 2008
37
EXHIBIT "A"
Accounting Clerk I & II
Customer Service Representative I & II
Plant Operator I & 11
Field Technician
Equipment Operator
Clerk/Secretary
Service Technician I & II
Park Foreman
Plant Operator Trainee
Service Technician Trainee
Deputy Building Officer
Communications Officer
38
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
DEPT
MAILING ADDRESS
TITLE
TODAY'S DATE
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
RELIEF SOUGHT BY EMPLOYEE
NOTE: ATTACH ADDITIONAL SHEETS, IF NEEDED
EMPLOYEE SIGNATURE:
STEP 1
DATE RECEIVED BY DEPARTMENT HEAD:
DEPARTMENT HEAD RESPONSE/ACTION/COMMENTS:
NOTE: ATTACH ADDITIONAL SHEETS, IF NEEDED
DATE OF DEPARTMENT HEAD RESPONSE:
DEPARTMENT HEAD SIGNATURE:
39
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'S 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 ARBITRATION. 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.
CWA REPRESENTATIVE SIGNATURE
DATE
DATE RECEIVED BY VILLAGE MANAGER
40