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
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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 -
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COST TO COUNTY: - SOURCE OF FUNDS:
REVENUE PRODUCING: Yes - No X- AMOUNT PER MONTH - Year
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\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