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Item N2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY * Closed Session - Time Certain 1 :45 p.m. * Meeting Date: September 16.2009 (Marathon) Division: County Attorney Bulk Item: Yes No X Department: County Attorney - Staff Contact Person: Cynthia L. Hall x 3174 AGENDA ITEM WORDING: Closed session of the Board of County Commissioners to discuss status of collecti ve bargaining with the Teamsters, Local 769. ITEM BACKGROUND: The current collective bargaining agreement with Teamsters ends on September 30, 2009. The negotiating team representing the employer is requesting this session in order to discuss the status of negotiations and get direction from the Board. PREVIOUS RELEVANT BOCC ACTION: None. CONTRACT/AGREEMENT CHANGES: Not applicable. STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A BUDGETED: Yes No - - COST TO COUNTY: - SOURCE OF FUNDS: REVENUE PRODUCING: Yes - No X- AMOUNT PER MONTH - Year - \J APPROVED BY: County Atty X OMB/Purchasing _ Risk Management _ DOCUMENT A TION: Included / Not Required_ _ To Follow_ DISPOSITION: AGENDA ITEM # .1 , , CONTRACT BETWEEN MONROE COUNTY AND TEAMSTERS LOCAL UNION NO. 769 MI:704Rv4 i TABLE OF CONTENT~ Paf!e No. Article I Recognition 1 Article 2 Intent and Purpose 1 Article 3 General I Article 4 Non-Discrimination 1 Article 5 Correspondence 2 Article 6 BuUetin Boards 2 Article 7 Management Rights 3 Article 8 Subrontracting 4 Article 9 A vaiJabUity 5 Article 10 Safety 5 I Article 11 Union Representation & Access 6 Article 12 Payroll Deduction of Union Initiation Fees and Union Dues 7 Article 13 No Strike - No Lockout 8 Article 14 Outside Employment 8 Article 15 Attendance and Punctuality 9 Aniele 16 Hours of Work 10 Article 17 Overtime 10 Article 18 On.Call/Standby 11 Article 19 Call Back II Article 20 Temporary Assignments 11 MJ:7048v4 I ( PRl!e No. Article 21 Probationary Period 12 Article 22 Promotions 12 Article 23 Discipline 13 Article 24 Grievance and Arbitration 14-17 Article 25 Separations 17 Article 26 Insurance 18 Article 27 Leaves of Absence 19 Article 28 Paid Sick Leave 21 Article 29 Holidays 24 Article 30 Annual Leave 2S Article 31 Unifonns. Tools and Equipment 28 Article 32 Remuneration 28 Article 33 Entire Agreement 28 Article 34 Printing Agreement 29 Article 35 Savings Clause 29 Article 36 Duration of Contract 30 MI:7048\14 , 1 ARTICLE 1 2 3 RECOGNITION 4 5 Monroe County (the "County") recognizes Teamster Local Union # 769, affiliated with 6 the International Brotherhood of Teamsters, (the "Union") as the exclusive bargaining 7 agent for the employees in the unit designated by the Florida Public Employees Relations 8 Commission (pERC) in the PERC Certification dated April 7, 1995, a copy of which is 9 attached. 10 11 ARTICLE 2 12 13 INTENT AND PURPOSE 14 15 It is the intent and purpose of the parties hereto to set forth herein the basic agreement 16 covering rates of pay, hours of work, and conditions of employment; to achieve and 17 maintain harmonious relations between the County and the Union; to ensure the 18 continuous, uninterrupted and efficient operation of all departments; and to provide for 19 the prompt and amicable adjustment of differences which may arise. 20 21 ARTICLE 3 22 23 GENERAL 24 25 3.1 Masculine pronouns used herein shall refer to men or women or both. The use of 26 m~uline job classification titles shalI be construed as including each gender as 27 appropriate. 28 29 3.2 Unless otherwise stated in this Agreement, references to "days" shall mean calendar days 30 and not workdays. 31 32 3.3 The term "Department Head" as used in this Agreement is defined as the level of 33 administrator in the employees' department or division who requires Board of County 34 Commissioner confirmation of the County Administrator's appointment. 35 36 3.4 Whenever the terms nCounty Administrator', "Division Director" or "Deparlment Head" 37 are used, the tenns shall be interpreted to include their duly authorized representatives. 3& 39 ARTICLE 4 40 41 NONDISCRIMINATION 42 43 Neither the County nor the Union shall discriminate against any employee as it relates to 44 race, color, religion, gender; age, national origin, veteran status, marital status, familial 45 status, sexual orientation/preference, disabilitylhandicap, or membership in Union or lack 46 of membership in a Union or because of any reason prohibited by law. Any claim of 47 discrimination or retaliation based on the foregoing shalt be processed exclusively - I - , though the appropriate administrative agency (e.g., Equal Employment Opportunity, Florida eommissioo on IlmnaO Relations, Pnblic Employees Rel,lions Commission, ele.) and shall not be subject to the gri.evance-arbitration procedures of this Agreement. ARTICLE~ CORRESPONDENCE 5.\ Unless otherwise provided in Uris Agreement all correspondence from the Union to the County shall be directed to the CountY Administrator, and all correspondence from the County to the Union shall be directed to the business rep..-tative. To comply with the time limil> conl~ in this Ag<e<men\, sncb cone"",ndcooe sboll .ctuatiy be received by tl,e CoonJy Adnrlnistr.rtor or Union business represcotative on or befnre the date due unless sent vi' U. S. poStal So,,"oe. When the U.S. Postal Service is utilized. al time limits contained in this Agreement shall be considered to be met '" long as tl.. postmark date ~ in complronce witb the specified limit 5.2 It is the responsibility of the Union to furnish the County with . ntaiJing ._ss for it, and to advise the County of any addresS changeS. The initial address are as folloWS: COUNTY UNION Monroe County Teamster Local #'769 County Administrator 123?5 West Dixie Highway J 100 Simonton Street NorthMiami.,FL 33161 Key West, Florida 33040 (305) 642-6255 (305) 292..4441 5.3 Each party sboll copy tbe otber on any and all conespnndenoe pertaining to tb. contmc\ sent to or received from PERC. ARTICLE 6 BULLETIN BOARDS 6.1 The County will furnish space for the Union to place one bulletin board at Each loca1ion where the ba<gaining nnit _Ioyees regulady repOrt to work and wb",e the County bns an officinl btdletin beard. ~ locations are specilleld in AttoCbmenl A. The bulletin boards will be provided by and paid for by the bargaining unit 6.2 The County AdmiDistrator must approve the exact location for placement of all btdlcotin t>oard>. Bulletin boards may be no larger than 20 inches by 30 incbes. 63 All notices placed on such bulletin boards shall relate solely to official Union business, Notices posted shall not conlain derogatory, defamatory, inflammatory, or untrue ~_ about the County or any nf" officials or anyone else. Bullet'n be"'" sball not be ""'" to cornmnnica.. with tbe g.nera' public, \0 distribute political matt"', or fur . I advertising. All notices sl1all clearly state that they are lITeamster Notices", and shall be 2 signed and dated by the Union business representative or chief steward, who will accept 3 full responsibility for their content. 4 5 6.4 The Union stewards shall check all bulletin boards at reasonable intervals to ensure that 6 no unauthorized materials have been posted. If unauthorized materials have been posted 7 or if the Union chief steward has been notified. that bulletin boards contain unauthorized 8 materials, the Union chief steward shall cause such unauthorized materials to be removed 9 immediately. When the Human Resource Director receives complaints of unauthorized 10 material or inappropriate material, the Human Resources Director will notify the Union 11 Chief Steward for investigation and/or immediate removal of unauthorized or 12 inappropriate material. The County may remove any such inappropriate material if the 13 Union fails to timely remove the material. 14 15 ARTICLE 7 16 17 MANAGEMENT RIGHTS 18 19 7.1 Except as otherwise specifically limited in this Agreement, the Union recognizes and 20 agrees that the supervision, management, control and detennination of the County 21 business, operations, working force, equipment, and facilities are exclusively vested in 22 the County and its designated officials, administrators, managers, and supervisors. The 23 County alone shall have the authority to determine and direct policies, mode, and 24 methods of providing its services and unilaterally set the standaIds for same, without any 25 interference in the management and conduct of the County's business by the Union or any 26 o~ its representatives. Except as expressly limited by a specific provision of this 27 Agreement, the County shall continue to have the exclusive right to take any action it 28 deems necessary or appropriate in the management of its business and the direction of its 29 work force. Without limiting the generality of the foregoing, such rights exclusively 30 reSeIVed to the County shall include but not be limited to its right to determine the 31 existence or nonexistence of facts which are the basis of management decisions; the right 32 to determine the size and cOmposition of its work forces; to determine the existence of a 33 job vacancy; to temporarily fill vacancies; to hire new employees from the outside at any 34 level; to select, reinstate, retire, promote, demote, evaluate, transfer, suspend, assign, 35 direct, laY60ff and recall employees subject to the express provisions of this Agreement; 36 to determine the fact oflack of work; to determine questions of physical fitness, skills and 37 ability of employees to perform the work; to reward or reprimand, discharge or otherwise 38 discipline employees; to maintain the minimum qualifications for job classifications and 39 the amount and type of work needed; to engage in experimental and development 40 projects; to determine what records are to be made and kept, including those records 41 relating to hours of work of employees, who will make and keep the records, how the 42 records are to be made and kept; to establish new jobs. abolish or change existingjobs; to 43 determine the assignment of work; to contract out or subcontract work:; to schedule the 44 hours and days to be worked on each job and to make time studies of work loads, job 45 assignments, methods of operation and efficiency from time to time and to make changes 46 based on said studies; to expand, reduce, alter, combine, transfer, assign, cease, create, or 47 restructure any department or operation for business purpo'Ses; to control, regulate, and MI:7048v4 -3- 1 determine the number, type and use of supplies, machinery, equipment, vehicles, and 2 other property owned, used, possessed or leased by the County; to introduce new, 3 different or improved methods, means and processes of County services and operations; 4 to make or change rules and regulations, policies and practices for the purpose of 5 efficiency, safe practices and discipline; and otherwise generally to manage the County, 6 direct the work force, and establish terms and conditions of employment, except as 7 modified or restricted by a provision oftbis Agreement. 8 9 7.2 The County's failure to exercise any function or right hereby reserved to it, Of, its 10 exercising any function or right in a particular way, shaH not be deemed a waiver to its 11 rights to exercise such function or right, nor precludes the County from exercising the 12 same in some other way not in conflict with the express provisions of this Agreement. 13 The Union agrees that the County may exercise all of the above without advising the 14 Union of any proposed action; nor may the Union require the County to negotiate over the 15 decision or its effects on the employees except as altered by this Agreement. The exercise 16 of the rights specifically listed in this article does not preclude the employees or their 17 representatives from conferring with management or raising questions about the practical 18 consequences that decision on these matters may have on the terms and conditions of 19 employment. 20 21 7.3 Past practices of the Board of County COmmissioners or County management shall not be 22 considered for the purpose of limiting the rights, responsibilities, or prerogatives of 23 management, nor for the purpose of enlarging upon the specific and express limitations 24 On management, which are contained in this Agreement. 25 26 7.4 If the County detennines that civil emergency conditions exist, including but not limited 27 to riots, civil diSOrders, strikes or illegal work stoppages, hurricane conditions or similar 28 catastrophes or disorders, the provisions of this Agreement may be suspended by the 29 County during the term of the declared emergency. Notwithstanding the provisions of 30 Article 5, Correspondence, notice of such suspension will be given to the Union president 31 as soon as practicable after; the determination has been made and by whatever means is 32 appropriate in the circumstances. 33 34 ARTICLE 8 35 36 SUBCONTRACTING 37 38 8.1 For purpose of this Agreement subcontracting shall mean work which is contracted out by 39 the County to an agency, person., company, or other provider which results in the direct 40 displacement or layoff of then existing bargaining unit employees. 41 42 8.2 The County reserves the right to subcontract work. Should subcontracting occur which 43 will result in bargaining unit employees being laid off, the CoWlty agrees to notify the 44 Union when the request to subcontract is put on the County Commission agenda. The 45 Union reserves the right to appear before the County Commission and express its position 46 to the County COmmission for consideration at the time the Commission considers the 47 subcontracting agenda item without being held to the time limit of 5 minutes for a MI:7048v4 -4- 1 representative for an organization.. If employees are laid off due to subcontractingj they 2 shall have the rights provided under Article 25, Separations. 3 4 ARTICLE 9 5 6 AVAILABILITY 7 8 9.1 All County employees covered by this Agreement are subject to call back and as such 9 shall keep the County informed of their address and telephone number and/or cellular 10 phone, if they have either a phone or cellular phone 11 12 9.2 All employees being paid for stand-by must maintain availability during such stand-by 13 period. Employees who do not answer a page during such stand-by status shall be subject 14 to disciplinary action. 15 16 9.3 It is understood that some employees will be required to work during declared 17 emergencies such as hurricanes. The County will attempt to provide employees as much 18 notice as possible that they will be required to work during the declared emergency. The 19 County will also attempt, where able under the circumstances, to give employees time to 20 secure their families and personal property prior to reporting for duty. The County will 2] pay employees who work during declared emergencies pursuant to Resolution No. 415- 22 2005 (July 1, 2005). 23 24 ARTICLE 10 25 26 SAFETY 27 28 10.1 All employees and the County shall be responsible for following the provisions of the 29 safety policy manual.. This policy will be available on the web for viewing. Each 30 department will have a copy available for review. The County shall continue to have the 31 right to unilaterally establish, adopt, change, amend, withdraw, and enforce the employee 32 safety manual so long as Such actions do not result in a conflict with the specific tenns 33 and conditions of this Agreement. Changes to the employee safety policy manual will be 34 conspicuously posted in all work areas. Except in the case of any emergency, such 35 changes will be posted at least five working days before the effective date of the change. 36 Failure to follow prescribed safety procedures may result in disciplinary action. 37 38 10.2 Protective devices, wearing apparel, and other equipment necessary to protect employees 39 from injury shall be provided by the County when the County requires such use. Such 40 items, when provided, must be used. and the Union agrees that willful neglect or failure 4] by an employee to obey safety regulations and to use safety equipment shall be just cause 42 for disciplinary action. Protective devices, apparel, and equipment necessary are 43 determined by the Supervisor with the concurrence of the Safety Administrator and can 44 be defined as follows: 4S 46 A. Gloves 47 8. Rubber boots MI:7048v4 - 5 - 1 C. Safety hard hats 2 E. Safety vests 3 F. Safety goggles 4 G. Unifonns 5 H. Protective suits 6 L Other safety related devices and/or apparel necessary to protect the employee 7 8 10.3 Any employee shall have the right to present safety concerns and recommended solutions 9 in writing to the Safety Administrator. The Safety Administrator shall respond in writing 10 to the employee within 15 working days. II 12 10.4 The County shall provide the safety policy on the website and provide to each department 13 a copy for their review. 14 15 10.5 Employees determined by the County to be at risk shall be provided vaccinations for 16 Hepatitis "A " and Triple tIT" (Typhoid. Tetanus & Diphtheria). 17 18 ARTICLE 11 19 20 UNION REPRESENTATION & ACCESS 21 22 11.1 The Union will not be required to represent in a grievance any employee who is not a 23 member of the Union. 24 .. 25 11.2 For the purpose of representing employees in accordance with the provisions of Article 26 24, "Grievance" Procedure," the Union shall designate and/or elect stewards. Each 27 steward will represent employees only in his/her department. The Union may designate 28 one of the stewards to be the Chief Steward. 29 30 11.3 The business representative of the Union shall notify the Human Resources Director, in 31 writing, of the name of the liltewards and the areas they are representing. at least three days 32 before they assume duty. If no such notice has been given, the CoWlty has no duty to 33 recognize the stewards. 34 35 11.4 The Union steward may represent the Union or Union members in matters appropriate for 36 grievance handling as set forth in this Agreement. Stewards may spend time on Union 37 business during non-working time such as before or after a shift, and during authorized 38 break and meal periods. hi addition, when appropriate and in order to facilitate the 39 scheduling of meetings and resolution of grievances, the County Administrator, in his 40 sole discretion, or his designee may grant time off with pay to a steward to attend 41 grievance hearings OT meetings. 42 43 11.5 Officers or agents of Teamsters Local Union #769, except County employees On duty, 44 shall be allowed reasonable access to work sites and locations of the County with the 45 advance approval of appropriate County officials, provided that such access shall in no 46 way interfere with the efficient operation of any department or crew. 47 MI:7048v4 -6- . I 11.6 The Union agrees that, dUling the term of this Agreement, its non.employee 2 representatives and stewards shall deal only with the County Administrator, the County 3 Attorney, or the Human Resources Director, or their designees, about matters subject to 4 discussion in this Agreement. Tills does not prohibit a steward from addressing the con. 5 cems of individual employees with a supervisor or department head. 6 7 11.7 No Union member, agent or representative of the Union, or any person acting on behalf & of the Union may solicit County employees during the working time of any employee 9 who is involved in the solicitation, nor distribute literature during working hours in areas lO where the actual work of County employees is perfonned. 11 12 ARTICLE 12 13 14 PAYROLL DEDUCTION OF UNION INITIATION FEES AND UNION DUES 15 16 12.1 Upon receipt of a signed authorization in an acceptable form from an employee, the 17 initiation fee and regular monthly dues of the Union shall be deducted from such 18 employee's pay. Such deduction shall be effective o~ the next regular dues deduction 19 period following the date it is received in the Human Resources Department. The County 20 will not deduct dues in arrears except to correct errors made by the County. 21 22 12.2 Monthly Union dues shall be deducted in equal amounts in each of the twenty-six pay 23 periods of each year and shall be remitted by the County no later than the fifteenth of the 24 following month to the officer and address designated by the secretary-treasurer of the 25 Union. The Union will promptly refimd to the County any amount paid to the Union in 26 eq-or on account of the dues deduction provision. The Union shall give the County a 27 minimum of thirty days written notice of the effective date and amount of any change in 28 the amount of the dues to be deducted. 29 30 12.3 No deduction shall be made from the pay of any employee during any payroll period in 31 which the employee's net earnings for the payroll period are less than the amount of dues 32 to be paid, or where the deduction would result in an employee being paid less than the 33 minimum wage and/or overtime amount required. by law. 34 35 12.4 An authorization for dues deduction may be canceled after thirty days from the date 36 written employee notice of the cancellation is received by the Union. The Union 37 Secretary-Treasurer will notifY the County in writing to cease deductions. 38 39 12.5 The Union shall indemnify the County and any department of the County and hold it 40 harmless against any and all claims, demands. suits, or other forms of liability or damages 41 that may arise out of, or by reason of, any action taken by the County or any department 42 of the County for the purpose of complying with the provisions of this article. The 43 County will charge the Union a dues handling fee in the amount of $50 per year. 44 45 Mf:7048v4 .7. l 12.6 An employee transferred to a classification not in the bargaining unit or whose 2 employment is terminated shaH cease to be subject to Union dues deduction beginning 3 with the month after the month in which such change in employee status occurs. 4 5 ARTiCLE 13 6 7 NO STRIKE - NO LOCKOUT 8 9 13.1 During the term of this Agreement, neither the Union nor its agents nor any employee, for 10 any reason, will authorize, institute, aid, condone, or engage in a slowdown, work ]1 stoppage, strike, or any other interference with the work and statutory functions or other 12 obligations of the County. During the term of this Agreement neither the County nor its 13 agents for any reason shall authorize, institute, aid, or promote any lockout of employees 14 covered by this Agreement as a result of a labor dispute with the Union, unless there is a 15 violation of the Union's no strike commitment. 16 ]7 13.2 The Union agrees to notifY all local officers and representatives of their obligation and ]8 responsibility for maintaining compliance with this article, including their responsibility ]9 to remain at work during any intenuption which may be caused or initiated by others, and 20 to encourage employees violating Article 13 to return to work. 21 22 13.3 The County may discharge or discipline any employee who violates Section 13,1 and any 23 employee who fails to carry out his responsibilities under Section 13.1, and the Union 24 will not resort to the grievance procedure on such employee's behalf except to determine 25 if the prohibited action did in fact occur. 26 27 13.4 Nothing contained herein shall preclude the County from obtaining judicial restraint and 28 damages in the event of a violation of this article. 29 30 ARTICLE 14 31 32 OUTSIDE EMPLOYMENT 33 34 14.1 A. Full-time employees may engage in other employment during their off-duty hours. 35 However, County employment must be considered the primary employment Employees 36 shall not, directly or indirectly, engage in any outside employment or financial interest 37 which may conflict, in the County's opinion, with the best interests of the County or 38 interfere with the employee's ability to perform the assigned County job. Examples 39 include, but are not limited to, outside employment which: 40 1) Prevents the employee from being available for work beyond nonnal working hourn, 41 such as emergencies or peak: work periods, when such availability is a regular part of 42 the employee'sjob; 43 2) Is conducted during the employee's work hours; 44 3) Utilizes County telephones, computers, supplies, or any other resources, facilities, or 45 equipment; 46 4) May reasonably be perceived by members of the publjc as a conflict of interest or 47 otherwise discredits public service. . Mf:7048v4 "8 - 1 2 B. Employees shall not be instructed or allowed to perfonn work for private individuals 3 or other govenunental agencies as part of hislher County employment except in those 4 instances where such work is part of contract arrangements entered into by the Board of 5 County Commissioners with such private individuals or government agencies, or in those 6 cases where under prior Board of County Commission policy, the employee is to give 7 service in an emergency situation. S 9 14.2 Employees who have accepted outside employment are not eligible for paid sick leave lO when the leave is used to work on the outside job. Fraudulent use of sick or personal 11 absences will be cause for discip linary action. 12 13 ARTICLE 15 14 15 ATTENDANCE AND PUNCTUALITY 16 17 15.1 It is the policy of the COWlty to require employees to report for work punctually as 18 scheduled and to work aU scheduled hours and any required overtime. Excessive 19 tardiness and excessive absences disrupt workflow and customer service and will not be 20 tolerated. 21 22 15.2 Unauthorized or excessive absences or tardiness will result in disciplinary action, up to 23 and including termination. Absences in excess of those allowed by policy, tardiness or 24 leaving early without proper authorization are grounds for discipline. 25 26 15.3 Employees should notify their supervisor. as far in advance as possible whenever they are 27 unable to report for work, know they will be late, or seek permission to leave early. 28 Notification shall not be later than 1 hour after start time of employee's nonnal shift start. 29 Such notification shall include a reason for the absence and an indication of when the 30 employee can be expected to report for work. If the supervisor or department head is 31 unavailable, the division head or the County Administrator should be contacted and given 32 the same information. 33 34 15.4 Employees who report for work without proper equipment or in improper attire may not 35 be permitted to work. Employees, who report for work. in a condition deemed not fit for 36 work, whether for illness or any other reason, will not be allowed to work 37 38 15.5 Employees are expected to report to their supervisor after being late or absent, giving an 39 explanation of the circumstances surrounding their tardiness or absence, and certify that 40 they are fit to return to work 41 42 15.6 Employees who are absent from work for three consecutive workdays without giving any 43 notice to the County win be considered as having "abandoned their positiontl and thereby 44 voluntarily quit. 45 MI:7048v4 - 9- 1 ARTICLE 16 2 3 HOURS OF WORK lj 5 16.1 TIle workweek shall start at 12:01 a.m. Sunday and end at 12;00 midnight Saturday. The 6 County shall not indiscriminately change regularly scheduled working hours and days off 7 of employees covered by this Agreement. Changes shall be made by reason of 8 operational necessity and/or efficiency. Such changes require at least five working days 9 notice to the affected employees except in the case of valid public necessity, such as 10 equipment failure, unanticipated employee absences, and the like. Employees' regular 11 work schedules shall contain two consecutive days off 12 13 16.2 Employees classified as regular full time will receive a total of one unpaid hour for 14 meal/rest period per work shift, the time and sequence of which will be determined by the 15 Supervisor and approved by the Department Head. If it is necessary for the non-exempt 16 employee to work without a meal/rest period he/she will be otheIWise compensated for 17 that time. All other employees will receive meal or rest periods in an amount and time 18 deemed appropriate by their Supervisor. Meal and rest periods shall be scheduled by the 19 Department Head consistent with the effective operation of the department and may be 20 rescheduled whenever necessary. 21 22 ARTICLE 17 23 24 OVERTIME 25 26 17.1 It is the policy' of the County to work its employees within the regularly scheduled 27 workweek unless conditions warrant 28 29 17.2 Management may schedule overtime beyond the standard hours when it is in the best 30 interest of the County and is the most practical and economical way of meeting workloads 31 or deadlines. 32 33 17.3 Employees may be required to work overtime when requested by management unless 34 excused by management. Employees may volunteer to work overtime and should 3S communicate that interest to their supervisors. Overtime will only be scheduled for those 36 employees fully qualified to perform the work required. In all work units, the County will 37 make reasonable efforts to equalize overtime among employees who are similarly 38 classified, except as addressed in Section 17.4 below. All other factors being the same, 39 seniority may be used as a selection factor. 40 41 17.4 For overtime computation, only time actually worked shall be considered as time worked. 42 Absences from work will not be counted as time worked for overtime computation. Ml:7048v4 ~ 10 ~ 1 1\RTllCLE 18 2 3 ON-CALL/STANDBY 4 5 On-call duty assignments occur when a supervisor expressly orders that an employee 6 perform a certain function. These assignments are made when a supervisor mandates that 7 . an employee be available for work due to an urgent situation during off-duty time. Such 8 assignments will be given to the employees who nonnaIly perform the work during 9 normal hours of work. For employees on a standby status~ one hour of pay at time and 10 one-half will be paid for each regular workday. Two hours of pay at time and one-half 11 will be paid for each non~work day and holidays. On-call hours shall be in addition to 12 time worked. 13 14 ARTICLE 19 15 16 CALLBACK 17 18 Call back is work due to an emergency or other urgent situations during off-duty hours. 19 This callback pay shall be paid to employees either called during off duty hours or called 20 back to a work site during off duty hours. This pay shall he as follows: one hour paid for 21 employees called on the phone (or the actual time spent On the phone caUs, whichever is 22 greater) during off duty hours and two hours of payor the actual time worked, whichever 23 is greater, for an employee called back to a work site during off duty hours. This time 24 shall be considered as time worked for computing overtime. The call or call back of any 25 employee requires the prior approval of the department head or designee. 26 27 ARTICLE 20 28 29 TE:MPORARY ASSIGNMENTS 30 31 20.1 The County may temporarily assign or appoint any employee to perform work, which 32 would normally be done by an employee in another classification, when at the discretion 33 of the County such an assignment, or appointment is necessary. 34 35 20.2 An employee temporarily assigned to perform work outside his normal classification shall 36 suffer no loss of pay should said temporary assignment be to a lower classification. 37 38 20.3 An employee may be assigned to work in a higher classification up to one year, unless 39 otherwise determined by the County Administrator. An employee required to work in a 40 higher classification 30 consecutive working days or less may be required to do so at no 41 increase in pay. If the employee is required to work beyond this period, he or she should 42 be given a temporary transfer to the higher classification and be paid the appropriate rate 43 for the higher classification retroactively applied to day one he or she SetVed in such 44 higher classification and every consecutive working day thereafter. At the conclusion of 45 the assignment, pay shall revert to the authorized rate established for his regular position. 46 Any such temporary increase granted shall not affect the employee's eligibility for normal 47 salary advancement. MI;7048v4 ~ 11 - 1 2 ARTICLE 21 3 4 PROBATIONARY PERIOD 5 6 21.1 The probationary or "working test" period is an integral part of the hiring and promotion 7 process. It is utilized to closely observe the new employee's work, to secure the most 8 effective adjustment of a new etnployee to the position, and to reject any employee whose 9 performance does not meet the required work standards. Probationary employees are 10 generally ineligible for employee-requested transfers or promotions unless the County 11 Administrator or Division Director determines it is in the best interest of the County to 12 waive this rule. Probationary employees who are pennitted to transfer or promote shall 13 have their new probationary period run concurrent with their existing probationary period, 14 15 21.2 The probationary period shall be twelve consecutive months from the employee's first day 16 of work with the Comity If the employee successfully completes the probationary period, 17 the employee shall be placed on regular status. The COWlty reserves the right to extend 18 the probationary period for up to three months. Such ,a decision shall be made at least 19 two weeks before the end of the initial probationary period, and notice shall be provided 20 to both the employee and the Union representative. 21 22 21.3 Regular status denotes final appoin1ment in a specific COWlty position and classification 23 following successful completion of the probationary period. 24 25 21.4 Newly hired probationary employees maybe dismissed at any time at the discretion of the 26 COWlty and are not entitled to the Career Service procedures or payments of sick leave at 27 time oftennination. 28 29 21.5 If an employee who is serving a probationary period incurred as a result of a promotion is 30 fOWld to be Wlqualified to perform the duties of the higher position, a good faith effort 31 will be made to return the ~ployee to the position and status held immediately prior to 32 the promotion. If the employee's former position is filled or otherwise unavailable, the 33 employee may be transferred to a vacant position for which the employee qualifies. If no 34 vacancy exists for which the employee is qualified, the employee will be placed in a lay- 35 off status with recall rights. 36 37 ARTICLE 22 38 39 PROMOTIONS 40 41 22,1 In filling all vacancies in the bargaining unit, employees shall meet the qualification 42 standards of education, training, experience, and other requirements for the position to 43 which the promotion is being sought. Standards and qualifications win be established to 44 meet the basic requirements of the position. 45 MI:7048v4 -12 - 1 22.2 Job openings will be posted on the employee bulletin boards a minimum of seven 2 calendar days. Employees, excluding temporary and all probationary employees, may 3 initiate a written request for transfer/promotion consideration. 4 5 22.3 An employee's eligibility for promotion will be determined by the requirements of the 6 new job. ill addition, the employee must have no disciplinary actions (written warning or 7 greater) during the preceding three-month period. Employees along with external 8 applicants win be considered. All things being equal, and if consistent with affmnative 9 action plans. senior employees shall have preference, but there shall be no guarantee of 10 promotion. Current employee candidates for promotion will nonnally be screened and II selected on the basis of attendance and work records, performance appraisals, and job- 12 related qualifications including, in some instances, aptitude tests. Seniority will prevail if 13 two or more candidates are judged by the County to be equally qualified. 14 15 22.4 Promoted employees shall receive a 5% raise or the minimum of the new grade, 16 whichever is greater. 17 18 22.5 Promoted employees will be placed on "promotion pro!:lationft status for a period of three 19 months. 20 21 22.6 The County agrees to post management vacancies and will give bargaining unit 22 employees consideration in filling those vacancies. 23 24 ARTICLE 23 25 26 DISCIPLINE 27 28 23.1 No employee covered by this Agreement shall be disciplined or discharged without 29 proper cause. AU discipline or discharge notices shall be in writing with a copy provided 30 to the employee. Such notices shall contain as complete and precise an explanation as 31 possible for the action being taken. 32 33 23.2 The County agrees with the tenets of progressive and corrective discipline; however. the 34 County has the right to review the employee's work history and prior record of 35 disciplinary action when detennining the appropriate action to be taken. The County may 36 provide employees with notice of deficiencies and an opportunity to improve. 37 Notwithstanding the County's embrace of progressive and corrective discipline, the 38 County reserves the right to discipline employees for caUSe when the County deems it to 39 be appropriate. 40 41 23.3 Disciplinary actions or measures may include, subject to the rules of the Board of County 42 Commissioners, any of the following: 43 A. Oral warning 44 B. Written reprimand 4'5 C. Suspension 46 D Demotion 47 E. Discharge MI:7048v4 - 13. I 2 23.4 AU discipline in the form of adverse employment action must be processed exclusively 3 through the grievance-arbitration procedure herein. The Union waives the right of all 4 bargaining unit members to utilize the Career Service Act procedures for any purpose. 5 6 23.5 Disciplinary actions older than 5 years shall not be considered for purposes of 7 progressive discipline. 8 9 ARTICLE 24 10 11 GRIEVANCE AND ARBITRATION 12 13 GRIEVANCE PROCEDURE 14 15 24.1 Except when doing so would present an unreasonable risk to the employees' safety, 16 bargaining unit employees will foHow all written and verbal orders given by superiors 17 even if such orders are alleged to be in conflict with the Agreement. Compliance with 18 such orders will not prejudice the right to file a grievance within the time limits contained 19 herein. nor shall compliance affect the ultimate resolution of the grievance. 20 21 24.2 A ngrievancett is a claimed violation of an express provision of this Agreement. 22 Notwithstanding that definition, discipline in the fonn of oral or written counseling shall 23 be subject to the grievance-arbitration procedure set forth herein. No grievance will or 24 need be entertained or processed unless presented in the manner described herein, and 25 unless filed in a manner provided herein within the time limit prescribed herein. A 26 grievance may be filed by a bargaining unit employee or by the Union (hereinafter the 27 IIgrievant"). In either case, the procedure to be followed will be the same. The Union and 28 management may mutually agree to waive any step. Any employee covered by this 29 Agreement must use this grievance process and has no right to any other grievance 30 process (I.e., administrative policy. etc.). 31 32 24.3 Any grievance. defined as a claim reasonably and suitably founded on a violation of the 33 terms and conditions of this Agreement shall systematically follow the grievance 34 procedure as outlined herein. Any grievance filed shall refer to the provision or 35 provisions of the Agreement alleged to have been violated, and shall adequately set forth 36 the facts pertaining to the alleged violation. 37 38 24.4 Rules of Grievance Processing: 39 40 (A) The time limitations set forth in this Article are the essence of the Agreement A 41 grievance not advanced to the higher step by the Union or the grievant within the 42 time limit provided shall be deemed. permanently withdrawn and as having been 43 settled on the basis of the decision most recently given. Failure on the part of the 44 County's representative to answer within the time limit set forth in any step will 45 entitle the employee to proceed to the next step. The time limit at any stage of the 46 grievance procedme may be extended by written mutual agreement of the parties 47 involved in that step. MI:7048v4 - 14. 1 2 (B) A grievance presented at Step 2 and above shaH be dated and signed by the 3 aggrieved employee presenting it. A copy of the grievance must be forwarded to 4 Human Resources by the grievant and/or the Union. The departmental fax 5 machine will be made available for this purpose. A decision rendered shall be 6 written to the aggrieved employee with copy to the Union and shall be dated and 7 signed by tbe County's representative at that step. 8 9 (C) When a written grievance is presented; the COW1ty'S representative shall return a 10 dated and signed copy of it at that particular step. 11 12 (D) When a grievance is reduced to writing there shall be set forth: 13 14 l. A complete statement of the grievance and the facts upon which it is 15 based; 16 2. The section or sections oftbis Agreement claimed to have been violated; 17 3. Any witnesses to the event or occurrence; and 18 4. The remedy or correction requested. 19 20 (E) In the settlement of any grievance resulting in retroactive adjustment, such 21 adjustment shall be limited to ten calendar days prior to the date of the filing of 22 the grievance. 23 24 STEPS FOR GRIEVANCE PROCESSING 25 26 In the ev~t a grievance arises, the employee must discuss the grievance with his immediate 27 supervisor within three working days after the employee had knowledge of the event or 28 occurrence giving rise to the grievance. At the time of submitting the grievance, and to ensure 29 that grievances are settled at the first opportunity, the aggrieved employee should request an 30 informal meeting with his or her supervisor prior to a Step I hearing to discuss the circumstances 31 giving rise to the grievance. In the event the issue in dispute cannot be resolved between the 32 supervisor and the grievant. the grievance may be presented by the grievant at Step 1 of the 33 grievance procedure within five working days from the date of the supervisory meeting. Such 34 written grievance must indicate that the matter had been reviewed with the immediate supervisor. 35 36 Step I: The aggrieved employee shall present the grievance to the department head. The 37 aggrieved employee may request a representative of the Union to be present. Discussions will be 38 informal for the purpose of settling differences in the simplest and most direct manner. The 39 department head shall reach a decision and communicate it in writing to the aggrieved employee 40 with a copy to the Union within ten working days from the date the grievance was presented to 41 the department head. 42 43 ~: rf the grievance is not settled in the first step, the aggrieved employee, within five 44 working days, shall forward the written grievance to the division director. The division director 45 shall meet with the aggrieved employee, who may be accompanied by a Union steward and the 46 Union chief steward. Within ten working days after the receipt of~e grievance, unless such time MI:7048v4 ,- 15- I is mutually extended in writing and the grievance is not resolved, the grievance may then be 2 forwarded to Step 3. 3 4 ~: If the grievance is not settled in Step 2, the Union has ten (lO) working days from receipt 5 of the Step 2 answer to submit a written appeal to the County Administrator or his designated 6 representative. Within ten (10) working days thereafter, a meeting shall be held between the 7 County Administrator (or designee), the Union Agent, the Shop Steward, and the grievant. The 8 County Administrator shall provide his written answer within ten (10) working days following 9 such meeting. The parties may by mutual written agreement extend the above timelines without ]0 loss of rights under this Article. 1l 12 ~: If no mutual agreement is reached in Steps I to 3 of this Article, the grievance shall be 13 submitted to a two-person resolution board. One member of the resolution board shall be 14 selected by the Union and the other by the County. All grievances submitted to the above- 15 mentioned board must be heard within ten (10) working days, unless otherwise agreed to, from 16 the date of the County's Step 3 answer. The two-person board will meet on an as-needed basis. 17 18 ~: In the event the grievance is not settled by a majority vote of the resolution board, either 19 party may submit the grievance to binding arbitration within ten (lO) working days (or to a time 20 period otherwise mutually agreed to by the Union and the County) of the written response of the 21 resolution board. A panel of seven (7) arbitrators will be requested from Federal Mediation and 22 Conciliation Service. The parties shall alternately strike names from the list until an arbitrator is 23 selected. For the first arbitration following the implementation of this Agreement, the County 24 shall strike the first name. Thereafter, the Union shall be required to strike the first name in the 25 next arbitration case. For subsequent arbitrations. the parties shall continue to alternate, Both 26 parties shall have the right to reject one panel, and request another from which arbitrators must 27 be chosen using the above-prescribed procedure. Hearings before the arbitrator shall be 28 conducted in accordance with the rules of the Federal Mediation and Conciliation Service. The 29 Union and the County shall each pay Yz of the Arbitrator's fees and exposures.. 30 31 24.5 As promptly as possible afts;n- the arbitrator has been selected, the arbitrator shall conduct 32 a hearing between the parties and consider the grievance. The decision of the arbitrator 33 will be served upon the Union and the County in writing. It shall be the obligation of the 34 arbitrator to issue hislher decision within 60 calendar days after the close of the hearing to 35 include receipt of post-hearing briefs. Any party desiring a transcript of the hearing shall 36 bear the cost of such transcript unless the parties mutually agree to share the cost. Each 37 party shall bear the expense of its own witnesses and of its own representatives for 38 purposes of the arbitration hearing. 39 40 24.6 The jurisdiction and authority of the arbitrator and his opinion and award shall be 41 confined exclusively to the interpretation and/or application of the express provision(s) of 42 this Agreement. He shall have no authority to add to, detract from, alter, amend or 43 modify any provision of this Agreement; or to establish or alter any wage rate or wage 44 structure. No liability shall be assessed against the County for a date prior to the date of 45 the grievance is submitted in writing or. in disciplinary cases, from the date of the 46 discipline or discharge. 47 MI:7048v4 - 16- : I The arbitrator shall not hear or decide more than one (1) grievance without the mutual 2 consent of the County and the Union. The written award of the arbitrator on the merits of 3 any grievance adjudicated. within his jurisdiction and authority shall be final and binding 4 on the aggrieved employee, the Union and the County, provided. that either party shall be 5 entitled to seek review of the arbitrator's decision as provided. by law. With respect to 6 arbitration involving the layoff, discipline or discharge of employees, the arbitrator shaH 7 have the authority to order the payment of back wages and benefits the employee would g othetWise have received but for his discipline or discharge (less compensation., including 9 unemployment compensation payments and other compensation earned elsewhere during 10 the period attributable to the layoff, discipline or discharge in issue, and less any amounts 11 caused by the grievant's failure to mitigate his or her damages.) The arbitrator shan have 12 no authority to award compensatory or punitive damages or attorney's fees. 13 14 24.7 The arbitrator may not issue declaratory opinions and shall be confined exclusively to the 15 question, which is presented, which question must be actual and existing. 16 17 24.8 Nothing in this Agreement shall prohibit the presence of a Union representative at any 18 steps of the grievance procedure. 19 20 24.9 No claimed violation of any federal statute, state or local law, role or regulation shall be 21 subject to the grievance-arbitration procedure. 22 23 ARTICLE 25 24 'I 25 SEPARATIONS 26 27 25.1 The effective date of separation shall be the last day on which the employee is present for 28 duty unless otherwise specified. herein. 29 30 25.2 Resignation is defined as an action whereby an employee voluntarily leaves County 31 employment. An employee with no pending disciplinary action wishing to leave the 32 County in good standing shall file with the County a written resignation, stating the 33 effective date and reasons for leaving. Such notice must be given at least two weeks prior 34 to the date of separation. Employees who are absent from work for three consecutive 35 workdays without being excused or giving proper notice of their absence will be 36 considered as having voluntarily quit. 37 38 25.3 Retirement is defined as a voluntary or involuntary procedure whereby an employee 39 separates from County employment for reasons of length of service or disability. The 40 Florida Retirement System shall govern all retirement regulations and benefits. Neither 41 the employee nor the Union may use the grievance-arbitration procedures outlined. in 42 Article 24 to address complaints concerning the Florida Retirement System. 43 44 25.4 Termination of employment shall be effective as of the date of death. All County 45 compensation and County benefits due to the employee as of the effective date of death 46 shall be paid to the beneficiary, surviving spouse, or th,c estate of the employee, as 47 detennined by law or by executed fonns in the employee's p'ersoooel file. Mf:7048v4 - 17 . ) 2 25.5 If a layoff does OCCur all temporary employees and newly hired probationary employees 3 within affected divisions will be terminated first. The only exception would be if the 4 temporary or newly hired probationary employee has a particular skill required to perfOIm 5 certain duties and no one else employed by the County is qualified. Pennanent 6 employees are to be laid offbased on their length of continuous service, provided that the 7 employees who are retained have the demonstrated ability and fitness to perfonn the 8 available work. Laid~off permanent employees shall be placed in open positions for 9 which they are qualified. 10 11 25.6 If an employee is laid off, the employee will be compensated for his sick and vacation as 12 if he were voluntarily quitting. Employees eligible for sick leave payment per Article 13 29.7 shall have the option of leaving the sick leave on account for up to one year. A laid- 14 off employee shall be eligible for conversion of employee health care benefits at the 15 employee's expense. Laid-off employees remain eligible for recall into positions 16 previously held with the County or for which they are qualified for a period of three years 17 from the layoff date, provided that any employee so recalled shall be subject to passing a 18 typical pre~employment screening at the discretion of the County. No continuous service 19 benefits of any kind shall accrue during the layoffperiod. 20 21 25.7 A discharge is the involuntary separation of an employee from County employment. 22 Employees discharged for disciplinm:y reasons shall not generally be eligible for re- 23 employment and shall lose all seniority and reinstatement privileges. The County will 24 notifY the Union steward upon the discharge of an employee in the bargaining writ but 25 failure to give such notice shall not affect the validity of the discharge. 26 27 25,8 The final pay for terminated employees will be prepared for distribution on the next 28 nonnally scheduled pay date following the tennination date. It can be mailed to the last 29 address designated by the employee. Final pay will be paid on a nonnally scheduled pay 30 period. 31 32 25.9 At the time of separation and prior to receiving final monies due, all records, books, 33 assets, unifonns. keys, tools, and other items of COWlty property in the employee's 34 custody shall be returned to the department. 35 36 25.10 Any outstanding debts incurred by an employee, which are due the County, shall be 37 deducted from the employee's final paycheck and/or tennination leave pay. 38 39 ARTICLE 26 40 41 INSURANCE 42 43 26.1 Bargaining unit employees will be eligible for coverage under the County's insurance 44 plans for all other similarly-situated personnel. The County reserves the right to change 45 insurance carriers or benefits or both, and the Union hereby expressly waives any right to 46 bargain over such a decision; provided, however, that the ,County will bargain with the MI:7048v4 - 18 ~ .. 1 Union over the effects of any change in insurance caniers or benefits, if the Union 2 requests that such bargaining occur. 3 4 ARTICLE 27 5 6 LEAVES OF ABSENCE 7 8 28.1 Jury Duty and Court Leave 9 10 A. A full~time employee who is summoned to jury duty by a city, the County (Monroe), 11 the State of Florida, or the Federal Government or subpoenaed to appear in court as a 11 witness in a criminal or civil action arising from his or her county employment shall be 13 granted time off with pay for the time actually spent on j my duty or in the court 14 appearance. Fees paid by the court will be retained by the employee unless otherwise 15 determined by the County Administrator. As conditions precedent to receiving time off 16 with pay for jury duty or court appearance of the aforesaid nature, the employee must: 17 18 (a.) Notify his/her Department Head of the summons or subpoena 19 immediately upon receipt, produce the summons or subpoena to hislher 20 Department Head upon request, and provide the Department Head with an 2] estimate of the duration of the absence~ 22 23 (b.) Report to the Department Head immediately upon the conclusion or 24 continuance of such jury duty or court appearance; 1 25 26 (c.) Report status of jury duty to supervisor or designee on a daily basis. 27 28 B. Any employee on jury duty as specified above, and who is released. or excused from 29 jury duty during normal working hours, will immediately contact his or her supervisor in 30 order to determine whether the employee will be required. to report back to work. 31 Employees who work a 24 hour shift, will contact their Department Head. (or designee) 32 when released from jury duty. If the Department Head (or designee) determines that the 33 employee could not effectively complete his or her work shift, the employee may be 34 granted time off with pay for the remainder of the shift. 35 36 C. The County, in its discretion, may reschedule the working hours and days of work of 37 an employee employed on other than a full-time basis who is summoned to jury duty or 38 subpoenaed to appear in court as a witness by a city, the County (Monroe), the State of 39 Florida, or the Federal Government in a criminal or civil action arising from his or her 40 county employment. If, in the County's judgment, it is not feasible or practical to 41 schedule the employee's hours of work around such, the County shall grant the employee 42 time off with pay for the time actually spent on jury duty or in the court appearance. As 43 conditions precedent to receiving time off with pay for jury duty or court appearance of 44 the aforesaid nature, the employee must abide by the provisions contained above in 45 Article 28.1.1 (a)t (b) and (c). 46 MI:7048v4 - 19. ] D. If any employee is subpoenaed as a witness other than in the specific circumstances 2 described above, the County will grant the employee leave without pay to the extent that 3 the Department Head so approves. 4 5 E. Notwithstanding any of the provisions of Article 28.01-A above, no employee shall 6 receive pay from the County where the employee is a plaintiff, claimant, or witness 7 against the County in a matter contrary to the County's interests, 8 9 F. Any employee subpoenaed or otherwise requested to be a participant in any legal ]0 matter related to County business must inform the County Attorney's office as soon as 11 possible after receiving said notification. 12 13 28.2 Military Leave ]4 ]5 An employee may request military leave to serve on active duty in an emergency or ]6 required annual duty, and shall be compensated in accordance with state law, and federal 17 law. Any claimed violation of this policy must be resolved exclusively through ]8 administrative-judicial procedures, and not through the' grievance-arbitration procedures ]9 set forth herein. 20 21 28.3 Family Medical Leave Act 22 23 The FMLA establishes the rights of eligible employees to a leave of absence for up to 12 24 weeks in a calendar year for birth, adoption, the care of a family member's serious health 25 condition, or the employee's own serious health condition. The County's policy is 26 contained at Section 8.05 of the County's Personnel Policies and Procedures. FMLA will 27 be governed by applicable federal law. Any claimed violation of this policy must be 28 resolved exclusively through administrative-judicial procedures; and not through the 29 grievance-arbitration procedures set forth herein. 30 31 28.4 Bereavement Leave 32 33 All employees covered under this policy shall be granted up to two working days off with 34 pay in order to attend a funeral of a member of the employee's inunediate family. The 35 immediate family shall be construed to mean one of the following: Spouse, parent, son, 36 daughter, sister, brother, domestic partner, legal guardian, grandparent or in-laws. 37 Additional time off (over and above the two working days herein provided) may be 38 approved by the Department Head, and charged to sick or annual leave. Additionally, the 39 County may require proof of death of a family member before making payment for leave. MI:7048v4 - 20- 1 2 ARTICLE 28 3 4 PAID SICKJ..JCAVE :S 6 29.1 SICK LEAVE 7 8 A. ELIGIBILITY 9 10 All salaried employees with regular status working 20 hours or more per week 11 shall have the privilege of accruing sick leave in accordance with these policies. 12 13 Employees shall not be eligible to use sick leave until they have been in the 14 County service for 90 days, unless recommended by the Department Head and 15 approved by the Division Director. Verification of illness by a physician may be 16 required. 17 18 B. ACCRUAL OF SICK LEA VB 19 20 All regular, full-time employees will accrue 4 hours sick leave per pay period 21 worked. 22 23 There will be no limit of the amount of sick leave that can be accrued. 24 25 Sick leave for employees working less than 40 hours per week., but at least twenty 26 (20) hours per week wi]] be prorated according to the hours worked. 27 28 When there has been a break in service of 48 hours or more, the employee upon 29 reinstatement or re~employment will begin accruing sick leave as a new employee. 30 Employees who are on leave without pay for more than 8 hours during a pay 31 period will not accrue sick leave for that pay period. 32 33 C. USE OF SICK LEA VB 34 35 1. Sick leave shall be used only with the approval of the applicable Department 36 Head, Division Director or County Administrator and shall not be authorized prior 37 to the time it is earned and credited to the employee except in cases of prearranged 38 medical appointments, surgery or other health~related matters. 39 40 2. Sick leave shall be authorized only in the event of: 41 42 (a.) The employee's personal illness, injury or exposure to a contagious 43 disease which would endanger others. 44 45 (b.) Urness or injury of a member of the immediate family. (see definition 46 ofimmed.iate family.) 47 MI:7048v4 - 21 - ; 1 (c.) The employee's personal appointments with a practitioner when it is 2 not possible to arrange such appointments for off-duty hours, but not to 3 exceed the extent of time required to complete such appointments. 4 5 (d.) Prearranged surgery or other health-related matters. 6 7 D. Monroe COWlty has established a Sick Leave Pool for eligible full-time employees 8 designed to aid the employee suffering from an extended illness or injury (See 9 Administrative Instruction 4702 for rules and enrollment procedures). 10 11 29.2 MEDICAL mSTIFlCATION 12 13 A. Sick leave is a privilege, and not a benefit. In fact, use of sick time actually causes a 14 hardship on the County. The County mus~ therefore, ensure that employees utilizing sick 15 leave are complying with The Monroe County Personnel Policies and Procedures.. 16 17 Employees must meet the following conditions in order to be granted sick leave with pay: 18 19 (1) NotifY hislher immediate Supervisor as soon as the employee learns that 20 he/she will be unable to report to work in accordance with individual department 2L policy. The employee shall call in to his/her immediate Supervisor at least one (1) 22 time on each consecutive shift thereafter, that the employee will miss work 23 because of sick leave. 24 25 (2) File a written report (after returning to work) explaining the nature of the 26 illness when required, by her Supervisor or Department Head. 27 28 (3) Permit medical examination, nursing visit or any County inquiry (telephone 29 call, visit to the employee's house, etc.) deemed appropriate by the County to 30 document the illness of the employee or family member. 31 32 The Department Head is responsible for following up on sick leave use and for ensuring 33 that there is no sick leave abuse. The Department Head. may require any employee to 34 bring in a note from his or her personal physician for absences of three (3) consecutive 35 working days or more. However, if a Department Head reasonably suspects that an 36 employee is abusing sick leave, said Department Head may require that any use of sick 37 leave by the employee for herself or family member be justified by a note from a 38 physician. Further, in the event that a Department Head is unsatisfied with the initial 39 doctor's note, he may require the employee or family member to be examined by a County 40 - designated physician at the County's expense. 41 42 B. If it is determined that the employee is unfit to continue working, the Department 43 Head may require the employee to use any part of his accrued sick leave, compensatory 44 time or anuualleave and may thereafter require the employee to take such leave without 45 pay as is medically determined sufficient to restore him to normal health, however, this 46 will in no way prevent the County from separating him from employment if the absence 47 would be of such duration as to pose a hardship on the operations of the Department. MI:7048v4 - 22- ~ I 2 C. The Department Head may require, at any time, an employee to present medical 3 evidence that he is physically or mentally fit to work and/or the Department Head may 4 require an employee to be examined by a County-designated physician or pSYChiatrist, at 5 the County's expense. 6 7 D. If the employee's illness is covered by the FMLA, the County's FMLA policy will 8 govern entitlement to leave, and the tenns and conditions of that leave. NOTE: NEW. 9 10 29.3 NOTlFICA nON OF ABSENCE II 12 If absent for three consecutive work days without reporting to the Supervisor a reason 13 sufficient to justifY the absence, the employee may be removed from the payroll as having 14 voluntarily resigned without notice. The Supervisor is to notify the Department Head. 15 Any unauthorized absence may be cause for disciplinary action, up to and including 16 termination 17 18 29.4 PAYMENT OF UNUSED SICK LEA VB 19 20 A. An employee with sick leave in excess of 480 hours accrued on September 30th of 21 each fiscal year will he rfaid a maximum of 52 hours of sick leave at the rate of pay in 22 effect on September 30' In no event will an employee be paid in excess of 52 hours 23 unless separation from the County occurs as covered under the provisions of this section. 24 Employee may elect to retain sick leave accrual and must notify Personnel by September I 25 1 of each fiscal year if they do not want to receive payment for unused sick leave. 26 27 B An employee who tenninates with less than five (5) years continuous service shall not 28 be paid for any unused sick leave credits. 29 30 C. Employees with varying years of continuous service shall, upon separation, from the 31 County in good standing, death or retirement, receive incentive sick leave pay as follows: 32 33 5 to 10 years of service - 1/4 of all accrued sick leave, with a maximmn of 30 34 days. 35 36 10 to 15 years of service - 1/2 of all accrued sick leave, with a maximum of 90 37 days. 38 39 15 years or more - 112 of all accrued sick leave, with a maximum of 120 days. 40 41 D. The payments made as tenninaI pay for unused sick leave, whether paid as salary or 42 otherwise. shall not be used in the calculation of average final compensation for 43 retirement. 44 45 E. Employees who leave the County service without proper notice or who are terminated 46 for just cause may be denied payment of accrued sick leave. " 47 Ml;7048v4 - 23- 1 ARTICLE 29 2 3 HOLIDAYS 4 5 30.1 OFFICIAL HOLIDAYS 6 7 The following are holidays which shall be observed by all County offices in which 8 functions can be discontinued without adversely affecting required services to the public: 9 10 New Year's Day Labor Day 11 Presidents' Day Columbus Day 12 Martin Luther King's Birthday Veterans Day 13 Good Friday Thanksgiving Day 14 Memorial Day Thanksgiving Friday 15 Independence Day Christmas Day 16 17 In addition to the above-designated holidays, the Board of Commissioners, in its sole 18 discretion, may grant other special holidays during the course of a year to some, or all, 19 County employees. 20 21 30.2 ELIGffiILITY 22 23 All salaried employees on the active payroll on the date of the holiday shall be eligible for 24 holiday pay at their regular rate of pay. Employees must be working or on approved leave 25 with pay the entire day before and the day after a holiday to be compensated for said 26 holiday. 27 28 29 30.3 WORK DURlNG HOLIDAYS 30 31 Each employee shall observe all holidays designated in this Section. provided. that the 32 work load of the department is, in the discretion of the County Administrator, such that 33 the employee's work load cannot be discontinued without causing a hardship to the 34 County. 35 36 In the event that the work load in any department does not pennit the observance of any 37 designated holiday, aU employees required to work on said designated holiday, or if 38 holiday falls on employees designated day off, may be granted another day's leave in lieu 39 of the holiday or paid for the work performed on the holiday. If employee wishes to 40 substitute a holiday, it will be scheduled in the manner as annual leave. 4] 42 30.4 HOLIDAYS FALLING ON WEEKENDS 43 44 Unless otherwise specified by the Board of County COmmissioners _ when a holiday falls 45 on a Saturday, the preceding Friday shall be observed as a holiday _ when a holiday falls 46 on a SWlday, the following Monday shall be observed as a holiday. 47 MI:7048v4 - 24- 1 Some County facilities are open on Saturdays and Slmdays. When a holiday falls 011 a 2 Saturday or Sunday, those facilities will observe the holiday on the actual holiday in lieu 3 of the normally scheduled County Holiday. 4 5 30.5 HOLIDAY DURING PAID LEA VB 6 7 Employees on annual or sick leave during periods when designated holidays occur, shaH 8 not have the day of the holiday charged against their accrued leave. 9 10 30.6 OBSERVANCE OF RELIGIOUS HOLIDAYS 11 12 Employees who choose to observe other ''holidays'' for religious or other reasons must do 13 so by utilizing annual leave pursuant to Article 31 14 15 ARTICLE 30 16 17 ANNUAL LEAVE 18 19 A. ELlGffiILITY 20 21 All salaried employees with regular status working 20 hours or more per week 22 shall earn and accrue annual leave with pay. 23 24 B. ACCRUAL 25 26 For current employees and employees lrired on or prior to September 30, 1999, 27 annual leave for regular, employees shall be earned in accordance with the 28 follOwing table: 29 30 Years of Continuous Hours of Leave Earned Hours of Leave Earned 31 Service During Each Calendar During Each Calendar 32 Month Month 33 40 HPW 37 Yz HPW 34 1 through 3 years 4 hours per bi-weekly 3.75 hours per bi-weekly 35 pay period pay period 36 (13 working days per year) (13 working days per year) 37 38 4 through 10 years 5 hours per bi-weekly 4.75 hours per bi-weekly 39 pay period pay period 40 (16 1/4 working days per (16.5 working days per year) 41 year) 42 11 through 15 years 6 hours per bi-weekly 5.75 hours per bi-weekly 43 pay period pay period 44 (19 1/2 working days per (19.9 working days per year) 45 year) MI:7048v4 - 25 - , 1 2 16 through termination of employment 3 7 hours per hi-weekly 6.75 hours per bi weekly 4 pay period pay period 5 (22314 working days per (23.4 working days per year) 6 year) 7 8 Monroe County currently has a hi-weekly pay period system commencing at 12:00 9 a.m. Sunday, ending two Saturdays later at 11 :59 p.m. There are 26 pay periods 10 per year. 11 12 For employees who are hired on October 1, 1999, or after Annual leave fOT 13 regular, full-time employees with a work week of 40 hours per week shall be 14 earned in accordance with the following table: 15 16 Years of Continuous Hours of Leave Earned 17 Service During Each Calendar 18 Month 19 20 1 through 5 years 4 hours per hi-weekly 21 pay period 22 (13 worlcing days per year) 23 24 6 through 15 years 5 hours per bi-weekly 25 pay period 26 (16 1/4 working days per 27 year) 28 29 16 through termination of employment 30 6 hours per bi-weekly 31 pay period 32 (191/2 working days per 33 year) 34 35 Monroe County currently has a hi-weekly pay period system commencing at 12:00 36 a.m. Sunday, ending two Saturdays later at II :59 p.m. There are 26 pay periods 37 per year. 38 39 AnnuaJ leave for employees working less than 40 hours per week, but more than 40 20 hours per week will be prorated according to the hours worked. When there 41 has been a break in employment of 48 hours or more, the employee, upon 42 reinstatement or re-ernployment. will begin earning annual leave as a new 43 employee, 44 45 Employees who are on leave without pay status for more than 8 hours during a 46 pay period will not accrue annual leave for that pay period. 47 MI:7048v4 .26. , I C. 2 3 1. Annual leave may be used on a payday -to-payday basis as it is earned 4 according to scheduling requirements and may be accumulated up to 40 working 5 days. Any time earned in excess of this amount will he paid to the employee at 6 their rate of pay in effect on September 30th . 7 8 2. All annual leave must be approved in advance by the applicable Department 9 Head, Division Director andlor the County Administrator depending on the 10 position held by the requesting employee. The employee shall fill out his Leave II Request Fonn and submit it to the Department Head, who has the right to deny an 12 employee's request for annual leave, if granting such leave at that time would be 13 detrimental to County operations. Upon such denial, the employee may request 14 the leave at another time. 15 16 The Department Head is responsible for verifying that the employee does have 17 sufficient accrued leave to cover the period of absence, and should return the 18 leave request to the employee indicating approval or denial, within seven (7) days ]9 of receipt of the request, unless a valid reason is given to the employee for the 20 delay. 21 22 D. ANNUAL LEAVE PAY uPON SEPARATION 23 24 Payment of annual leave be based on the employee's regular rate of pay and terms 25 of separation. 26 27 E. RESTRICflONS 28 29 Annual leave may be used for any purpose; however, it is a privilege incident to 30 County service and is not a right, and may only be used by the employee if taken 31 prior to termination for cause or in accordance with these policies~ with the 32 following restrictions: 33 34 1. Annual leave may not be taken until accmed in accordance with these 35 rules. 36 37 2. Employees will not accme annual leave during a leave of absence 38 without pay, a suspension or when the employee is otherwise in a non-paid 39 status. 40 41 3. Article 25.2 -Resignations. 42 43 4. Employees who leave the County service without proper notice or who 44 are terminated for just cause may be denied payment of accrued annual 45 leave. 46 ML7048v4 - 27 . ! 5. An employee who leaves the County and who wishes to receive 2 payment for annual leave must sign a waiver and general release of any 3 and all claims against the County and its official, managers, supervisors, 4 employees and insurers to receive payment of annual leave. 5 6 ARTICLE 31 7 8 UNIFORMS. TOOLS AND EQUIPMENT 9 10 32.1 For employees required to wear a uniform, the County will furnish two sets of shirts and Il pants for each day the employee is regularly scheduled to work in a workweek, plus one 12 additional uniform, i.e., five-day employees will have II sets and four-day employees 13 will have 9 sets, and all on-call employees shall receive an additional 2 sets, not to exceed 14 15 sets. Bargaining unit employees shall be given their choice of long or short pants, 15 except for those positions for which the County makes the determination that long pants 16 are required. The determination to require long pants will not be arbitrarily made. Such ]7 unifonns are not to be worn except while employees are on the job and while traveling to 18 and from the job. 19 20 32.2 Tools and equipment that are nonnally supplied by the County will be used properly and 21 carefully by employees who require them in their work. It is the responsibility of the 22 employee to use and secure such tools and equipment in such a manner as to minimize 23 the potential for loss or theft. 24 25 32.3 Tools and equipment provided by the County will be replaced by the County if they are 26 stolen or broken during normal use and provided proper care and prescribed security 27 measures have been followed and loss or breakage is not due to the employee's 28 negligence or abuse. Loss or breakage due to employee's negligence or abuse is subject 29 to discipline 30 31 ARTICLE 32 32 33 REMUNERATION 34 35 All current bargaining unit employees covered by this Agreement will receive the 36 following wage increases. The County will grant a cost-of-living increase up to a 37 maximum of five percent (5%) to all unit employees effective October I, 2006, and also 38 effective October 1 in 2007 and 2008. The "CPIU" index will be used to determine the 39 increases. The County will also grant merit increases up to a maximum of five percent 40 (5%) to unit employees who qualitY for those increases. Those merit increases, if 41 granted, will be effective on the employee's anniversary date. Those increases wiH be 42 implemented during the 2006-2007, 2007-2008, and 2008-2009 fiscal years, through 43 September 30, 2009. 44 45 46 47 MI:7048v4 - 28- ] ARTICLE 33 2 3 ENTIRE AGREEMENT 4 5 34.1 The parties acknowledge that during the negotiations, which resulted in this Agreement, 6 each had the unlimited right to make demands and proposals with respect to any subject 7 or matter not removed by law from the area of collective bargaining. They, therefore, 8 each voluntarily and unqualifiedly waive the right for the term of this Agreement to 9 bargain collectively with respect to any matter referred to or covered in this Agreement, 10 or with respect to any subject or matter not specifically referred to or covered by tills tl Agreement. 12 13 34.2 This Agreement represents the entire agreement between the parties and no other 14 agreements or practices are binding upon either party hereto with respect to wages, hours IS or working conditions of the employees covered hereby. The County shall not be 16 obligated to continue any benefits or employee practices which it has given or engaged in 17 prior to the execution of this Agreement unless such benefits or practices are specifically 18 set forth in this Agreement, and past practices of the-County will not be considered in 19 interpreting this Agreement. 20 21 34.3 The parties also agree that the County may unilaterally make changes in the tenus and 22 conditions not covered in this Agreement without having to bargain over any such 23 decision or its effects. This Agreement expressly pennits the County's right to make such 24 changes. 25 26 ARTICLE 34 27 28 PRINTING AGREEMENT 29 30 35.1 This Agreement shall be printed within a reasonable time by the County. The County 31 shall provide three originals of the contract to the Union. 32 33 ARTICLE 35 34 35 SAVINGS CLAUSE 36 37 If any article, section, or provision of this Agreement should be found invalid, illegal or 38 not enforceable by reason of any existing or subsequently enacted legislation or by 39 judicial authority, all other articles and sections of this Agreement shan remain in full 40 force and effect for the duration of this Agreement. If such action occurs, the County and 41 the Union shall meet within thirty days for the purpose of negotiating a mutually 42 satisfactory replacement for such provision. 43 44 4S MJ:7048v4 - 29- I " " ... MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made by and belween Teamsters Local Union I No. 769 and Monroe County (collectively, the "Parties") for the purpose of including covered bargaining unit employees in the County's Employee Recognition Programs, This MOU is to establish a written agreement of regarding benefits these employees will receive. WHEREAS, section 2.15 of the Monroe County Personnel Policies and Procedural Manual currently includes two Employee Recognition programs: Employee of the MonthfYear Program. and Years of Service Program; and WHEREAS, neither of these programs was included in the Contract Between Monroe County and Teamsters Local Union No. 769 with an effective date of November 15,2006 ("ContractU); and WHEREAS, the Parties now wish to enter into a Memorandum of Understanding in order to make the elements of these two programs available to covered bargaining unit employees. NOW THEREFORE, the Parties agree as follows: 1, Section 2,15 of the Monroe County Personnel Policies and Procedural Manual provides ___' ___ _.___ __as.foUoW.K_____ .....~........................... ~-- ._- ~~-_._-_.- _..~.--~. ,----........... A - EMPLOYEE OF THE MONTHIYEAR PROGRAM Monroe County has established an Employee of the MonthlYear Program designed to recognize employees who demonstrate superior performance and dedication to their work which is above and beyond the call of duty. (See Monroe County Administrative Instruction Series 4000.) The employee of the month shall be awarded a $100 United States Savings Bond and an appreciation plaque. The employee of the year shaff receive a 4% increase, and an appreciation plaque. B - YEAR$ OF SERVICf= PROGRAM Monroe County has established a program to recognize County employees who have been in the County Service for FiVe, Ten, Fifteen, Twenty, Twenty-five and Thirty years. Grant and part-time employees will be eligible for the years-of-service program. At the employee's anniversary date, or as soon thereafter as is feasible, the Human Resources office must cause a letter to'be placed in the employee's personnel file noting the years of service and must deliver the following, in a lump sum payment, to the employee: a - For 5 years of service, a decorative pin and a 1% lump sum payment; b - For 10 years of service, a decorative pin and a 2% lump sum payment; c - For 15 years of service, a decorative pin and a 3% lump sum payment; d - For 20 years of service, a decorative pin and a 4% lump sum payment; e - For 25 years of service, a decorative pin and a 5% lump sum payment; f - For 30 years of service, a decorative pin and a 6% lump sum payment. 2_ It is agreed that the County will provide an award program to recognize employees who have been employed by the County for five years or more, and this program shall be administered as provided in Section 2,15-8 of the Personnel Policies and Procedures Manual, as amended from time to time. 3. The County also agrees to provide an award program to recognize employees with outstanding service as outlined in Section 2.15-A of the Personnel Policies and Procedures Manual, Administrative Instruction Series 4000, as amended from time to time." 4, In accordance with Article 34.3 of the Bargaining Unit Contract, the Parties agree that this change is being made without the need for having to bargain, that each party has the authority to enter into this Memorandum of Understanding on behalf of its constituents, and that this Memorandum of A - , Understanding is not valid or binding unless and until approved by the Board of County Commissioners of Monroe County, Florida. 5. The term of this Memorandum of Understanding shall be from November is, 2006 through September 30, 2009. hJo other agreements between tl1e parties shall be valid unless specified in i writing, and in all other respects, the terms of the Contract remain in full force and eff~ct.. ~ ff- ;:gw v This Memorandum of Understanding has been executed this _ day of e, 2007: BOARD OF COUNTY COMMISSIONERS TEAMSTERS LOCAL UNION NO. 769 ~:NROE~~~~ By: /1li {iJ Mayor Mario Di Gennaro President Date: 9-/9~67 Date: JiL 6!t') ~ ~~_~~~_~_..______"____.___.__ __~__."~_~~___~____~~ ~_'.~___"""'_"'''''''''''''''''_+'''''''''~>oY-~''''''~''''''-''___''''''''''__''''''''''''''''+'-'''''''''''~'~''''''''_'''''''''''''______''''''''_'''.....~~____ Witness: ~~ator J. /~- By: By: Business Representative Date: 91z~ e:J7 Date: $-/5 -07 I Attest: Danny L. Kohlage. Clerk . ~ By: ~:J.J (}.!1v ~ ... Date: 9-;9-(}7 Page 1 of3 ---- Pete rs -Katherine From: Peters-Katherine Sent: Wednesday, August 26, 20094:03 PM To: Cyr-Connie Cc: Hall-Cynthia; Hutton-Suzanne Subject: RE: BOCC 9/16/091:45 pm Closed session -- Collective Bargaining AND 2:00 pm Action item re: closed session results immediately following Yep, that's what I understood from Cynthia - just a regular County Attorney agenda item but with a time certain to ensure it is heard as soon as the public meeting is reconvened immediately following the closed session. From: Cyr-Connie Sent: Wednesday, August 26,20093:59 PM To: Peters-Katherine Subject: RE: BOCC 9/16/09 1:45 pm Closed session -- Collective Bargaining AND 2:00 pm Action item re: closed session results immediately following Just for clarification the 2:00 PM is a regular County Attorney item with a requested time approximate of 2:00 PM Connie Cyr Aide to the County Administrator 1100 Simonton Street, Suite 2-205 Key West, FL 33040 305-292-4443 305-292-4544 Fax Cyr-eonnie@mollroecollnhJ-fl.gov From: Peters-Katherine Sent: Wednesday, August 26, 2009 3:46 PM To: Cyr-Connie Cc: Hall-Cynthia; Hutton-Suzanne Subject: BOCC 9/16/09 1:45 pm Closed session -- Collective Bargaining AND 2:00 pm Action item re: closed session results immediately following Just to confirm so we'll all have it in our emails for reference and fyi for Suzanne re: BOCC 9/16/09: 1 :30 p.m. is Bob's scheduled Closed Session re: Barton Cynthia's: 1 :45 p.m. Closed Session - Collective Bargaining 2:00 p.m. Action Item re: closed session results immediately following upon reconvening of public meeting 2:15 p.m. Wastewater items From: Cyr-Connie Sent: Wednesday, August 26,20092:45 PM To: Peters-Katherine Subject: RE: Closed session -- September 2009 meeting (to discuss collective bargaining) - REQUEST FOR TIME CERTAINS FOR CLOSED SESSION/CORRELATING ACTION ITEM 8/26/2009