2. FY2010 02/17/2010 Agreement DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: February 24, 2010
TO: Suzanne A. Hutton
County Attorney
ATTN: Kathy M. Peters
Executive Assistant
FROM: Pamela G. Han•ock)l.C.
At the February 17, 2010, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of the Contract between Monroe County and Teamsters Local
Union No. 769.
Enclosed are three duplicate originals of the above document or your handling. Should
you have any questions, please feel free to contact this office.
cc: Finance
File
CONTRACT
BETWEEN
MONROE COUNTY
AND
TEAMSTERS LOCAL UNION NO. 769
TABLE OF CONTENTS
Page No.
Article 1 Recognition 3
Article 2 Intent and Purpose 3
Article 3 General 3
Article 4 Non-Discrimination 3
Article 5 Correspondence 4
Article 6 Bulletin Boards 4
Article 7 Management Rights 5
Article 8 Subcontracting 6
Article 9 Availability 7
Article 10 Safety 7
Article 11 Union Representation&Access 8
Article 12 Payroll Deduction, Union Initiation Fees and Union Dues 9
Article 13 No Strike-No Lockout 10
Article 14 Outside Employment 10
Article 15 Attendance and Punctuality • 11
Article 16 Hours of Work 12
Article 17 Overtime 12
Article 18 On-Call/Standby 13
Article 19 Call Back 13
Article 20 Temporary Assignments 13
Article 21 Probationary Period 14
Article 22 Promotions—Job Openings 15
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1 Page No.
2
3 Article 23 Discipline 15
4
5 Article 24 Grievance and Arbitration 16
6
7 Article 25 Separations 19
8
9 Article 26 Insurance 20
10
I 1 Article 27 Leaves of Absence 21
12
13 Article 28 Paid Sick Leave 22
14
15 Article 29 Holidays 25
16
17 Article 30 Annual Leave 27
18
19 Article 31 Uniforms, Tools and Equipment 29
20
21 Article 32 Remuneration 30
22
23 Article 33 Entire Agreement 31
24
25 Article 34 Printing Agreement 31
26
27 Article 35 Savings Clause 31
28
29 Article 36 Duration of Contract 31
30
31 Attachment A 33
32
33 Attachment B 34
34
35 PERC Certification dated April 7, 1994 36
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•
1 ARTICLE 1
2
3 RECOGNITION
4
5 Monroe County(the "County") recognizes Teamster Local Union #769 affiliated with the
6 International Brotherhood of Teamsters (the "Union") as the exclusive bargaining agent
7 for PERC purposes for the employees in the unit designated by the Florida Public
8 Employees Relations Commission (PERC) in the PERC certification dated April 7, 1994,
9 a copy of which is 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 masculine job classification titles shall 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 "County Administrator", "Division Director" or "Department Head"
37 are used, the terms shall be interpreted to include their duly authorized representatives.
38
39 ARTICLE 4
40
41 NON-DISCRIMINATION
42
43 4.1 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, familiar
45 status, sexual orientation/preference, disability/handicap, 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 of retaliation based on the foregoing shall be processed exclusively
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through the appropriate administrative agency (e.g., Equal Employment
g Y p yment Opportunity,
2 Florida Commission on Human Relations, Public Employers Relations Commission, etc.)
3 and shall not be subject to the grievance-arbitration procedures of this Agreement.
4
5 ARTICLE 5
6
7 CORRESPONDENCE
8
9 5.1 Unless otherwise provided in this Agreement all correspondence from the Union to the
10 County shall be directed to the County Administrator, and all correspondence from the
11 County to the Union shall be directed to the business representative. To comply with the
12 time limits contained in this Agreement, such correspondence shall actually be received
13 by the County Administrator or Union business representative on or before the date due
14 unless sent via the U.S. Postal Service. When the U.S. Postal Service is utilized, all time
15 limits contained in this Agreement shall be considered to be met so long as the postmark
16 date is in compliance with the specified time limit.
17
18 5.2 It is the responsibility of the Union to furnish the County with a mailing address for it and
19 to advise the County of any address changes. The initial addresses are as follows:
20
21 COUNTY UNION
22 Monroe County Teamsters Local Union#769
23 County Administrator 12365 West Dixie Highway
24 1100 Simonton Street, Suite 2-205 North Miami, FL 33161
25 Key West, FL 33040 (305) 642-6255
26 305-292-4441
27
28 5.3 Each party shall copy the other on any and all correspondence pertaining to the contract
29 sent to or received from PERC.
30
31 ARTICLE 6
32
33 BULLETIN BOARDS
34
35 6.1 The County will furnish space for the Union to place one bulletin board at each location
36 where bargaining unit employees regularly report to work and where the County has an
37 official bulletin board. Those locations are specified in Attachment A. The bulletin
38 boards will be provided by and paid for by the Union.
39
40 6.2 The County Administrator shall approve the exact location for placement of all bulletin
41 boards. Bulletin boards may be no larger than 20 inches by 30 inches.
42
43 6.3 All notices placed on such bulletin boards shall relate solely to official Union business.
44 Notices posted shall not contain derogatory, defamatory, inflammatory, or untrue
45 statements about the County or any of its officials or anyone else. Bulletin boards shall
46 not be used to communicate with the general public, to distribute political matter, or for
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advertising. All notices shall clearly state that they are "Teamster 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 determination 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 standards for same, without any
25 interference in the management and conduct of the County's business by the Union or any
26 of 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 reserved 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, lay-off and recall employees subject to the express provisions of this Agreement;
36 to determine the fact of lack 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 existing jobs; 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 purposes; to control, regulate, and
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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 of this Agreement.
8
9 7.2 The County's failure to exercise any function or right hereby reserved to it, or, its
10 exercising any function or right in a particular way, shall 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 determines 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 County 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
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•
representative for an organization. If employees are laid off due to subcontracting, 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
21 pay employees who work during declared emergencies pursuant to Resolution No. 224-
22 2008 as amended from time to time.
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 terms
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 10.2 Protective devices, wearing apparel, and other equipment necessary to protect employees
38 from injury shall be provided by the County when the County requires such use. Such
39 items, when provided, must be used, and the Union agrees that willful neglect or failure
40 by an employee to obey safety regulations and to use safety equipment shall be just cause
41 for disciplinary action. Protective devices, apparel, and equipment necessary are
42 determined by the Supervisor with the concurrence of the Safety Officer and can be
43 defined as follows:
44
45 A. Gloves
46 B. Rubber boots
47 C. Safety hard hats
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E. Safety vests
2 F. Safety goggles
3 G. Uniforms
4 H. Protective suits
5 1. Other safety related devices and/or apparel necessary to protect the employee.
6
7 10.3 Any employee shall have the right to present safety concerns and recommended solutions
8 in writing to the Safety Officer. The Safety Officer shall respond in writing to the
9 employee within 15 working days.
10
I 1 10.4 The County shall provide the safety policy on the website and provide to each department
12 a copy for their review.
13
14 10.5 Employees determined by the County to be at risk shall be provided vaccinations for
15 Hepatitis"A" and Triple"T"(Typhoid, Tetanus & Diphtheria).
16
17 ARTICLE 11
18
19 UNION REPRESENTATION&ACCESS
20
21 11.1 The Union will not be required to represent in a grievance any employee who is not a
22 member of the Union.
23
24 11.2 For the purpose of representing employees in accordance with the provisions of Article
25 24, "Grievance Procedure," the Union shall designate and/or elect stewards. Each
26 steward will represent employees only in his/her department. The Union may designate
27 one of the stewards to be the Chief Steward.
28
29 11.3 The business representative of the Union shall notify the Human Resources Director, in
30 writing, of the name of the stewards and the areas they are representing, at least three days
31 before they assume duty. If no such notice has been given, the County has no duty to
32 recognize the stewards.
33
34 11.4 The Union steward may represent the Union or Union members in matters appropriate for
35 grievance handling as set forth in this Agreement. Stewards may spend time on Union
36 business during non-working time such as before or after a shift, and during authorized
37 break and meal periods. In addition, when appropriate and in order to facilitate the
38 scheduling of meetings and resolution of grievances, the County Administrator, in his
39 sole discretion, or his designee may grant time off with pay to a steward to attend
40 grievance hearings or meetings.
41
42 11.5 Officers or agents of Teamsters Local Union # 769, except County employees on duty,
43 shall be allowed reasonable access to work sites and locations of the County with the
44 advance consent of appropriate County officials, which consent will not be unreasonably
45 withheld, provided that such access shall in no way interfere with the efficient operation
46 of any department or crew.
47
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•
1 11.6 The Union agrees that, during 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, in matters subject to
4 discussion in this Agreement. This does not prohibit a steward from addressing the
5 concerns 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
8 of the Union may solicit County employees during the working hours of any employee
9 who is involved in the solicitation, nor distribute literature during working hours in areas
10 where the actual work of County employees is performed.
11
12 ARTICLE 12
13
14 PAYROLL DEDUCTION, 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 on 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 refund to the County any amount paid to the Union in
26 error 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 that may
41 arise out of, or by reason of, any action taken by the County or any department of the
42 County for the purpose of complying with the provisions of this article.
43
44
45 12.6 An employee transferred to a classification not in the bargaining unit or whose
46 employment is terminated shall cease to be subject to Union dues deduction beginning
47 with the month after the month in which such change in employee status occurs.
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1
2 ARTICLE 13
3
4 NO STRIKE - NO LOCKOUT
5
6 13.1 During the term of this Agreement, neither the Union nor its agents nor any employee, for
7 any reason, will authorize, institute, aid, condone, or engage in a slowdown, work
8 stoppage, strike, or any other interference with the work and statutory functions or other
9 obligations of the County. During the term of this Agreement neither the County nor its
10 agents for any reason shall authorize, institute, aid, or promote any lockout of employees
11 covered by this Agreement as a result of a labor dispute with the Union, unless there is a
12 violation of the Union's no strike commitment.
13
14 13.2 The Union agrees to notify all local officers and representatives of their obligation and
15 responsibility for maintaining compliance with this article, including their responsibility
16 to remain at work during any interruption which may be caused or initiated by others, and
17 to encourage employees violating Article 13 to return to work.
18
19 13.3 The County may discharge or discipline any employee who violates Section 13.1 and any
20 employee who fails to carry out his responsibilities under Section 13.1, and the Union
21 will not resort to the grievance procedure on such employee's behalf except to determine
22 if the prohibited action did in fact occur.
23
24 13.4 Nothing contained herein shall preclude the County from obtaining judicial restraint and
25 damages in the event of a violation of this article.
26
27 ARTICLE 14
28
29 OUTSIDE EMPLOYMENT
30
31 14.1 A. Full-time employees may engage in other employment during their off-duty hours.
32 However, County employment must be considered the primary employment. Employees
33 shall not, directly or indirectly, engage in any outside employment or financial interest
34 which may conflict, in the County's opinion, with the best interests of the County or
35 interfere with the employee's ability to perform the assigned County job. Examples
36 include,but are not limited to, outside employment which:
37 1) Prevents the employee from being available for work beyond normal working hours,
38 such as emergencies or peak work periods, when such availability is a regular part of
39 the employee's job;
40 2) Is conducted during the employee's work hours;
41 3) Utilizes County telephones, computers, supplies, or any other resources, facilities, or
42 equipment;
43 4) May reasonably be perceived by members of the public as a conflict of interest or
44 otherwise discredits public service.
45 B. Employees shall not be instructed or allowed to perform work for private individuals
46 or other governmental agencies as part of his/her County employment except in those
47 instances where such work is part of contract arrangements entered into by the Board of
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1 County Commissioners with such private individuals or government agencies, or in those
2 cases where under prior.Board of County Commission policy, the employee is to give
3 service in an emergency situation.
4
5 14.2 Employees who have accepted outside employment are not eligible for paid sick leave
6 when the leave is used to work on the outside job. Fraudulent use of sick or personal
7 absences will be cause for disciplinary action.
8
9 ARTICLE 15
10
11 ATTENDANCE AND PUNCTUALITY
12
13 15.1 It is the policy of the County to require employees to report for work punctually as
14 scheduled and to work all scheduled hours and any required overtime. Excessive
15 tardiness and excessive absences disrupt workflow and customer service and will not be
16 tolerated.
17
18 15.2 Unauthorized or excessive absences or tardiness will result in disciplinary action, up to
19 and including termination. Absences in excess of those allowed by policy, tardiness or
20 leaving early without proper authorization are grounds for discipline.
21
22 15.3 Employees should notify their supervisor, as far in advance as possible whenever they are
23 unable to report for work, know they will be late, or seek permission to leave early.
24 Notification shall not be later than 1 hour after start time of employee's normal shift start.
25 Such notification should include a reason for the absence and an indication of when the
26 employee can be expected to report for work. If the supervisor or department head is
27 unavailable, the division clerk or the County Administrator should be contacted and given
28 the same information.
29
30 15.4 Employees who report for work without proper equipment or in improper attire may not
31 be permitted to work. Employees, who report for work in a condition deemed not fit for
32 work, whether for illness or any other reason, will not be allowed to work.
33
34 15.5 Employees are expected to report to their supervisor after being late or absent, giving an
35 explanation of the circumstances surrounding their tardiness or absence, and certify that
36 they are fit to return to work.
37
38 15.6 Employees who are absent from work for three consecutive workdays without giving any
39 notice to the County will be considered as having"abandoned their position" and thereby
40 voluntarily quit.
41
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,
ARTICLE 16
2
3 HOURS OF WORK
4
5 16.1 The workweek shall start at 12:01 a.m. Sunday and end at 12:00 midnight Saturday,
6 unless otherwise approved by the County Administrator. The County shall not
7 indiscriminately change regularly scheduled working hours and days off of employees
8 covered by this Agreement. Changes shall be made by reason of operational necessity
9 and/or efficiency. Such changes require at least five working days notice to the affected
10 employees except in the case of valid public necessity, such as equipment failure,
11 unanticipated employee absences, and the like. Employees' regular work schedules shall
12 contain two consecutive days off
13
14 16.2 Employees classified as regular full time will receive a total of one unpaid hour for
15 meal/rest period per work shift, the time and sequence of which will be determined by the
16 Supervisor and approved by the Department Head. If it is necessary for the non-exempt
17 employee to work without a meal/rest period he/she will be otherwise compensated for
18 that time. All other employees will receive meal or rest periods in an amount and time
19 deemed appropriate by their Supervisor. Meal and rest periods shall be scheduled by the
20 Department Head consistent with the effective operation of the department and may be
21 rescheduled whenever necessary.
22
23 ARTICLE 17
24
25 OVERTIME
26
27 17.1 It is the policy of the County to work its employees within the regularly scheduled
28 workweek unless conditions warrant.
29
30 17.2 Management may schedule overtime beyond the standard hours when it is in the best
31 interest of the County and is the most practical and economical way of meeting workloads
32 or deadlines.
33
34 17.3 Employees may be required to work overtime when requested by management unless
35 excused by management. Employees may volunteer to work overtime and should
36 communicate that interest to their supervisors. Overtime will only be scheduled for those
37 employees fully qualified to perform the work required. In all work units, the County will
38 make reasonable efforts to equalize overtime among employees who are similarly
39 classified, except as addressed in Section 17.4 below. All other factors being the same,
40 seniority may be used as a selection factor.
41
42 17.4 For overtime computation, only time worked shall be considered as time worked.
43 Absences from work will not be counted as time worked for overtime computation.
44
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•
2 ARTICLE 18 -
3
4 ON-CALL/STANDBY
5
6 On-call duty assignments occur when a supervisor expressly orders that an employee
7 perform a certain function. These assignments are made when a supervisor mandates that
8 an employee be available for work due to an urgent situation during off-duty time. Such
9 assignments will be given to the employees who normally perform the work during
10 normal hours of work. For employees on a standby status, one hour of pay at time and
11 one-half will be paid for each regular workday. Two hours of pay at time and one-half
12 will be paid for each non-work day and holidays. On-call hours shall be in addition to
13 time worked.
14
15 ARTICLE 19
16
17 CALL BACK
18
19 19.1 Call back is work due to an emergency or other urgent situations during off-duty hours.
20 Callback pay shall be paid to employees either called during off duty hours or called back
21 to a work site during off duty hours. This pay shall be as follows: (a) one hour paid for
22 employees called on the phone (or the actual time spent on the phone calls, whichever is
23 greater) during off duty hours when the problem is resolved over the telephone and does
24 not require the employee to report to a job site, or (b) two hours of pay or the actual time
25 worked, whichever is greater, for an employee called back to a work site during off duty
26 hours. This time shall be considered as time worked for computing overtime. The call or
27 call back of any employee requires the prior approval of the department head or designee.
28
29 19.2 The parties agree that when an employee is regularly scheduled to come to a County
30 building in order to open and close the building for a third party is not "call back" as that
31 term is defined in the previous paragraph, but that the employee who is called to work for
32 the purpose will be entitled to a minimum of two (2) hours or actual time worked,
33 whichever is greater, computed from the time the employee arrives at the County
34 building.
35
36 ARTICLE 20
37
38 TEMPORARY ASSIGNMENTS
39
40 20.1 The County may temporarily assign or appoint any employee to perform work, which
41 would normally be done by an employee in another classification, when at the discretion
42 of the County such an assignment, or appointment is necessary.
43
44 20.2 An employee temporarily assigned to perform work outside his normal classification shall
45 suffer no loss of pay should said temporary assignment be to a lower classification.
46
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1 20.3 An employee may be assigned to work in a higher classification up to one year, unless
2 otherwise determined by the County Administrator. An employee required to work in a
3 higher classification 30 consecutive working days or less may be required to do so at no
4 increase in pay. If the employee is required to work beyond this period, he or she should
5 be given a temporary transfer to the higher classification and be paid the appropriate rate
6 for the higher classification retroactively applied to day one he or she served in such
7 higher classification and every consecutive working day thereafter. At the conclusion of
8 the assignment, pay shall revert to the authorized rate established for his regular position.
9 Any such temporary increase granted shall not affect the employee's eligibility for normal
10 salary advancement.
11
12 ARTICLE 21
13
14 PROBATIONARY PERIOD
15
16 21.1 The probationary or "working test" period is an integral part of the hiring and promotion
17 process. It is utilized to closely observe the new employee's work, to secure the most
18 effective adjustment of a new employee to the position, and to reject any employee whose
19 performance does not meet the required work standards. Probationary employees are
20 generally ineligible for employee requested transfers or promotions unless the County
21 Administrator or Division Director determines that it is in the best interest of the County
22 to waive this rule. Probationary employees who are permitted to transfer or promote shall
23 have their new probationary period run concurrent with their existing probationary period.
24
25 21.2 The probationary period shall be nine consecutive months from the employee's first day
26 of work with the County. If the employee has completed the probationary period, the
27 employee shall be placed on regular status. The County reserves the right to extend the
28 probationary period for up to three months. Such a decision shall be made at least two
29 weeks before the end of the initial probationary period, and notice shall be provided to
30 both the employee and the Union representative.
31
32 21.3 Regular status denotes final appointment in a specific County position and classification
33 following successful completion of the probationary period.
34
35 21.4 Newly hired probationary employees may be dismissed at any time at the discretion of the
36 County and are not entitled to the Career Service procedures or payments of sick leave at
37 time of termination.
38
39 21.5 If an employee who is serving a probationary period incurred as a result of a promotion is
40 found to be unqualified to perform the duties of the higher position, a good faith effort
41 will be made to return the employee to the position and status held immediately prior to
42 the promotion. If the employee's former position is filled or otherwise unavailable, the
43 employee may be transferred to a vacant position for which the employee qualifies. If no
44 vacancy exists for which the employee is qualified, the employee will be placed in a lay-
45 off status with recall rights.
46
Rev. 12/18/09 - 14-
•
2 ARTICLE 22
3
4 PROMOTIONS—JOB OPENINGS
5
6 22.1 In filling all vacancies in the bargaining unit, employees shall meet the qualification
7 standards of education, training, experience, and other requirements for the position to
8 which the promotion is being sought. Standards and qualifications will be established to
9 meet the basic requirements of the position.
10
11 22.2 Job openings will be posted on the employee bulletin boards a minimum of seven
12 calendar days. Employees, excluding temporary and all probationary employees, may
13 initiate a written request for transfer/promotion consideration.
14
15 22.3 An employee's eligibility for promotion will be determined by the requirements of the
16 new job. In addition, the employee must have both a satisfactory performance record and
17 no disciplinary actions (written warning or greater) during the preceding three-month
18 period. Employees along with external applicants will be considered. All things being
19 equal, and if consistent with affirmative action plans, senior employees shall have
20 preference, but there will be no guarantee of promotion. Current employee candidates for
21 promotion will normally be screened and selected on the basis of attendance and work
22 records, performance appraisals, and job-related qualifications including, in some
23 instances, aptitude tests. Seniority will prevail if two or more candidates are judged to be
24 equally qualified.
25
26 22.4 Promoted employees shall receive a 5% raise or the minimum of the new grade,
27 whichever is greater.
28
29 22.5 Promoted employees will be placed on "promotion probation" status for a period of three
30 months.
31
32 22.6 The County agrees to post management vacancies and will give bargaining unit
33 employees consideration in filling those vacancies.
34 22.7 The County will notify the Union of every job opening by sending an e-mail to the
35 Business Representative at the time that the job opening is advertised internally.
36
37 ARTICLE 23
38
39 DISCIPLINE
40
41 23.1 No employee covered by this Agreement shall be disciplined or discharged without
42 proper cause. All discipline or discharge notices shall be in writing with a copy provided
43 to the employee. Such notices shall contain as complete and precise an explanation as
44 possible for the action being taken.
45
46 23.2 The County agrees with the tenets of progressive and corrective discipline; however, the
47 County has the right to review the employee's work history and prior record of
Rev. 12/18/09 - 15-
1 disciplinary action when determining the appropriate action to be taken. The County may
2 provide employees with notice of deficiencies and an opportunity to improve.
3 Notwithstanding the County's embrace of progressive and corrective discipline, the
4 County reserves the right to discipline employees for cause when the County deems it to
5 be appropriate.
6
7 23.3 Disciplinary actions or measures may include, subject to the rules of the Board of County
8 Commissioners, any of the following:
9 A. Oral warning
10 B. Written reprimand
11 C. Suspension
12 D Demotion
13 E. Discharge
14
15 23.4 All discipline in the form of adverse employment action must be processed exclusively
16 through the grievance-arbitration procedure herein. The Union waives the right of all
17 bargaining unit members to utilize the Career Service Act procedures for any purpose.
18
19 23.5 Disciplinary actions older than 5 years shall not be considered for purposes of progressive
20 discipline.
21
22 ARTICLE 24
23
24 GRIEVANCE AND ARBITRATION
25
26 GRIEVANCE PROCEDURE
27
28 24.1 Except when doing so would present an unreasonable risk to the employees' safety,
29 bargaining unit employees will follow all written and verbal orders given by superiors
30 even if such orders are alleged to be in conflict with the Agreement. Compliance with
31 such orders will not prejudice the right to file a grievance within the time limits contained
32 herein, nor shall compliance affect the ultimate resolution of the grievance.
33
34 24.2 A "grievance" is a claimed violation of an express provision of this Agreement.
35 Notwithstanding that definition, discipline in the form of an adverse employment action
36 shall be subject to the grievance-arbitration procedure set forth herein. No grievance will
37 or need be entertained or processed unless presented in the manner described herein, and
38 unless filed in a manner provided herein within the time limit prescribed herein. A
39 grievance may be filed by a bargaining unit employee or by the Union (hereinafter the
40 "grievant"). In either case, the procedure to be followed will be the same. The Union and
41 management may mutually agree to waive any step. Any employee covered by this
42 Agreement must use this grievance process and has no right to any other grievance
43 process (i.e., administrative policy, etc.).
44
45 24.3 Any grievance defined as a claim reasonably and suitably founded on a violation of the
46 terms and conditions of this Agreement shall systematically follow the grievance
47 procedure as outlined herein. Any grievance filed shall refer to the provision or
Rev. 12/18/09 - 16-
1 provisions of the Agreement alleged to have been violated, and shall adequately set forth
2 the facts pertaining to the alleged violation.
3
4 24.4 Rules of Grievance Processing:
5
6 (A) The time limitations set forth in this Article are the essence of the Agreement. A
7 grievance not advanced to the higher step by the Union or the grievant within the
8 time limit provided shall be deemed permanently withdrawn and as having been
9 settled on the basis for the decision most recently given. Failure on the part of the
10 County's representative to answer within the time limit set forth in any step will
t 1 entitle the employee to proceed to the next step. The time limit at any stage of the
12 grievance procedure may be extended by written mutual agreement of the parties
13 involved in that step.
14
15 (B) A grievance presented at Step 2 and above shall be dated and signed by the
16 aggrieved employee presenting it. A copy of the grievance must be forwarded to
17 Human Resources by the grievant and/or the Union. The departmental fax
18 machine will be made available for this purpose. A decision rendered shall be
19 written to the aggrieved employee with copy to the Union and shall be dated and
20 signed by the County's representative at that step.
21
22 (C) When a written grievance is presented; the County's representative shall return a
23 dated and signed copy of it at that particular step.
24
25 (D) When a grievance is reduced to writing there shall be set forth:
26
27 1. A complete statement of the grievance and the facts upon which it is
28 based;
29 2. The section or sections of this Agreement claimed to have been violated;
30 3. Any witnesses to the event or occurrence; and
31 4. The remedy or correction requested.
32
33 (F) In the settlement of any grievance resulting in retroactive adjustment, such
34 adjustment shall be limited to ten calendar days prior to the date of the filing of
35 the grievance.
36
37 STEPS FOR GRIEVANCE PROCESSING
38
39 Step l: In the event a grievance arises, the employee must present a written grievance using the
40 form attached to this Agreement as Attachment B to his immediate supervisor within three
41 working days after the employee had knowledge of the event or occurrence giving rise to the
42 grievance. The aggrieved employee may request a representative of the Union to be present.
43 Discussions will be informal for the purpose of settling differences in the simplest and most
44 direct manner. The supervisor will consult with the department head. The department head shall
45 reach a decision and communicate it in writing to the aggrieved employee with a copy to the
46 Union within ten working days from the date the grievance was presented to the supervisor.
47
Rev. 12/18/09 - 17-
I Step 2: If the grievance is not settled in the first step, the aggrieved employee, within five
2 working days, shall forward the written grievance,to the division director. The division director
3 shall meet with the aggrieved employee, who may be accompanied by a Union steward and the
4 Union chief steward. Within ten working days after the receipt of the grievance, unless such time
5 is mutually extended in writing and the grievance is not resolved, the grievance may then be
6 forwarded to Step 3.
7
8 Step 3: If the grievance is not settled in Step 2, the Union has ten (10) working days from receipt
9 of the Step 2 answer to submit a written appeal to the County Administrator or his designated
10 representative. Within ten (10) working days thereafter, a meeting shall be held between the
11 County Administrator (or designee), the Union Agent, the Shop Steward, and the grievant. The
12 County Administrator shall provide his written answer within ten (10) working days following
13 such meeting. The parties may be mutual written agreement extend the above timelines without
14 loss of rights under this Article.
15
16 Step 4: In the event that the grievance is not settled boarding Step 3, either party may submit the
17 grievance to binding arbitration within ten (10) working days (or to a time period otherwise
18 mutually agreed to by the Union and County) of the written response of the resolution board. A
19 panel of seven (7) arbitrators will be requested from the Federal Mediation and Conciliation
20 Service. The parties shall alternately strike names from the list until an arbitrator is selected. For
21 the first arbitration following the implementation of this Agreement, the County shall strike the
22 first name. Thereafter, the Union shall be required to strike the first name in the next arbitration
23 case. For subsequent arbitrations, the parties shall continue to alternate. Both parties shall have
24 the right to reject one panel, and request another from which the arbitrators must be chosen using
25 the above-prescribed procedure. Hearings before the arbitrators shall be conducted in accordance
26 with the rules of the Federal Mediation and Conciliation Service. The Union and the County
27 shall each pay %of the Arbitrator's fees and expenses.
28
29 24.5 As promptly as possible after the arbitrator has been selected, the arbitrator shall conduct
30 a hearing between the parties and consider the grievance. The decision of the arbitrator
31 will be served upon the Union and the County in writing. It shall be the obligation of the
32 arbitrator to issue his/her decision within 60 calendar days after the close of the hearing to
33 include receipt of post-hearing briefs. Any party desiring a transcript of the hearing shall
34 bear the cost of such transcript unless the parties mutually agree to share the cost. Each
35 party shall bear the expense of its own witnesses and of its own representatives for
36 purposes of the arbitration hearing.
37
38 24.6 The jurisdiction and authority of the arbitrator and his opinion and award shall be
39 confined exclusively to the interpretation and/or application of the express provision(s) of
40 this Agreement. He shall have no authority to add to, detract from, alter, modify, amend
41 or modify any provision of this Agreement; or to establish or alter any wage rate or wage
42 structure. No liability shall be assessed against the County for a date prior to the date of
43 the grievance is submitted in writing, or, in disciplinary cases, from the date of the
44 discipline or discharge.
45
46 The arbitrator shall not hear or decide more than one (1) grievance without the mutual
47 consent of the County and the Union. The written award of the arbitrator on the merits of
Rev. 12/18/09 - 18 -
1 any grievance adjudicated within his jurisdiction and authority shall be final and binding
2 on the aggrieved employee, the Union;and the County, provided that either party shall be
3 entitled to seek review of the arbitrator's decision as provided by law. With respect to
4 arbitration involving the layoff, discipline or discharge of employees, the arbitrator shall
5 have the authority to order the payment of back wages and benefits the employee would
6 otherwise have received but for his discipline or discharge (less compensation, including
7 unemployment compensation payments and other compensation earned elsewhere during
8 the period attributable to the layoff, discipline or discharge in issue, and less any amounts
9 caused by the grievant's failure to mitigate his or her damages.) The arbitrator shall have
10 no authority to award compensatory or punitive damages or attorney's fees.
11
12 24.7 The arbitrator may not issue declaratory opinions and shall be confined exclusively to the
13 question, which is presented, which question must be actual and existing.
14
15 24.8 Nothing in this Agreement shall prohibit the presence of a Union representative at any
16 steps of the grievance procedure.
17 24.9 No claimed violation of any federal statute, state or local law, rule or regulation shall be
18 subject to the grievance-arbitration procedure.
19
20 ARTICLE 25
21
22 SEPARATIONS
23
24 25.1 The effective date of separation shall be the last day on which the employee is present for
25 duty unless otherwise specified herein.
26
27 25.2 Resignation is defined as an action whereby an employee voluntarily leaves County
28 employment. An employee with no pending disciplinary action wishing to leave the
29 County in good standing shall file with the County a written resignation, stating the
30 effective date and reasons for leaving. Such notice must be given at least two weeks prior
31 to the date of separation. Employees who are absent from work for three consecutive
32 workdays without being excused or giving proper notice of their absence will be
33 considered as having voluntarily quit.
34
35 25.3 Retirement is defined as a voluntary or involuntary procedure whereby an employee
36 separates from County employment for reasons of length of service or disability. The
37 Florida Retirement System shall govern all retirement regulations and benefits. Neither
38 the employee nor the Union may use the grievance-arbitration procedures outlined in
39 Article 24 to address complaints concerning the Florida Retirement System.
40
41 25.4 Termination of employment shall be effective as of the date of death. All County
42 compensation and County benefits due to the employee as of the effective date of death
43 shall be paid to the beneficiary, surviving spouse, or the estate of the employee, as
44 determined by law or by executed forms in the employee's personnel file.
45
46 25.5 If a layoff does occur all temporary employees and newly hired probationary employees
47 within affected divisions will be terminated first. The only exception would be if the
Rev. 12/18/09 - 19-
•
1 temporary or newly hired.probationary employee has.a particular skill required to perform
2 certain duties and no one else:. employed by the County is qualified. Permanent
3 employees are to be laid off based on their length of continuous service, provided that the
4 employees who are retained have the demonstrated ability and fitness to perform the
5 available work. Laid-off permanent employees shall be placed in open positions for
6 which they are qualified.
7
8 25.6 If an employee is laid off, the employee will be compensated for his sick and vacation as if
9 he were voluntarily quitting. Employees eligible for sick leave payment per Article 28.4
10 shall have the option of leaving the sick leave on account for up to one year. A laid-off
it employee shall be eligible for conversion of employee health care benefits at the
12 employee's expense. Laid-off employees remain eligible for recall into positions
13 previously held with the County or for which they are qualified for a period of two years
14 from the layoff date, except this provision shall not apply if the employee accepts another
15 position within the County within this time period. Any employee so recalled shall be
16 subject to passing a typical pre-employment screening. No continuous service benefits of
17 any kind shall accrue during the layoff period. The County will notify said laid off
18 employee in writing via email of positions for which he/she may be qualified, with a copy
19 to Union, for a period of two years following the layoff date
20
21 25.7 A discharge is the involuntary separation of an employee from County employment.
22 Employees discharged for disciplinary 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 unit 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 normally scheduled pay date following the termination date. It can be mailed to the last
29 address designated by the employee. Final pay will be paid on a normally 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, uniforms, keys, tools, and other items of County 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 termination 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
Rev. 12/1 8/09 -20-
1 Union over the effects of any change in insurance carriers or benefits, if the Union
2 requests that such bargaining occurs.
3
4 ARTICLE 27
5
6 LEAVES OF ABSENCE
7
8 27.1 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
12 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 jury 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 his/her
20 Department Head upon request, and provide the Department Head with an
21 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;
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 27.1, (a), (b) and (c).
46
Rev. 12/18/09 _21 -
1 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 27.1-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
t0 matter related to County business must inform the County Attorney's office as soon as
It possible after receiving said notification.
12
13 27.2 Military Leave
14
15 An employee may request military leave to serve on active duty in an emergency or
16 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
18 administrative-judicial procedures, and not through the grievance-arbitration procedures
19 set forth herein.
20
21 27.3 Family Medical Leave Act
22
23 The County's policy is contained at Section 8.05 of the County's Personnel Policies and
24 Procedures. FMLA is governed by applicable federal law. Any claimed violation of this
25 policy must be resolved exclusively through administrative judicial procedures, and not
26 through the grievance-arbitration procedures set forth herein.
27
28 27.4 Bereavement Leave
29
30 All employees covered under this policy shall be granted up to two working days off with
31 pay in order to attend a funeral of a member of the employee's immediate family. The
32 immediate family shall be construed to mean one of the following: Spouse, parent, son,
33 daughter, sister, brother, domestic partner, legal guardian, grandparent or in-laws.
34 Additional time off (over and above the two working days herein provided) may be
35 approved by the Department Head, and charged to sick or annual leave. Additionally, the
36 County may require proof of death of a family member before making payment for leave.
37
38 ARTICLE 28
39
40 PAID SICK LEAVE
41
42 28.1 SICK LEAVE
43
44 A. ELIGIBILITY
45
46 All salaried employees with regular status working 20 hours or more per week
47 shall have the privilege of accruing sick leave in accordance with these policies.
Rev. 12/18/09 -22-
1
2 Employees shall not be eligible to use sick leave until they have been in the
3 County service for 90 days, unless recommended by the Department Head and
4 approved by the Division Director. Verification of illness by a physician may be
5 required.
6
7 B. ACCRUAL OF SICK LEAVE
8
9 All regular, full-time employees will accrue 4 hours sick leave per pay period.
10
11 There will be no limit of the amount of sick leave that can be accrued.
12
13 Sick leave for employees working less than 40 hours per week, but at least twenty
14 (20)hours per week will be prorated according to the hours worked.
15
16 When there has been a break in service of 48 hours or more, the employee upon
17 reinstatement or re-employment will begin accruing sick leave as a new employee.
18 Employees who are on leave without pay for more than 8 hours during a pay
19 period will not accrue sick leave for that pay period.
20
21 C. USE OF SICK LEAVE
22
23 1. Sick leave shall be used only with the approval of the applicable Department
24 Head, Division Director or County Administrator and shall not be authorized prior
25 to the time it is earned and credited to the employee except in cases of prearranged
26 medical appointments, surgery or other health-related matters.
27
28 2. Sick leave shall be authorized only in the event of:
29
30 (a.) The employee's personal illness, injury or exposure to a contagious
31 disease which would endanger others.
32
33 (b.) Illness or injury of a member of the immediate family. (see definition
34 of immediate family.)
35
36 (c.) The employee's personal appointments with a practitioner when it is
37 not possible to arrange such appointments for off-duty hours, but not to
38 exceed the extent of time required to complete such appointments.
39
40 (d.) Prearranged surgery or other health-related matters.
41
42 D. Monroe County has established a Sick Leave Pool for eligible full-time employees
43 designed to aid the employee suffering from an extended illness or injury (See
44 Administrative Instruction 4702 for rules and enrollment procedures).
Rev. 12/18/09 -23-
1
2 28.2 MEDICAL JUSTIFICATION
3
4 A. Sick leave is a privilege, and not a benefit. In fact, use of sick time actually causes a
5 hardship on the County. The County must, therefore, ensure that employees utilizing sick
6 leave are complying with The Monroe County Personnel Policies and Procedures.
7
8 Employees must meet the following conditions in order to be granted sick leave with pay:
9
10 (1) Notify his/her immediate Supervisor as soon as the employee learns that
11 he/she will be unable to report to work in accordance with individual department
12 policy. The employee shall call in to his/her immediate Supervisor at least one(1)
13 time on each consecutive shift thereafter, that the employee will miss work
14 because of sick leave.
15
16 (2) File a written report (after returning to work) explaining the nature of the
17 illness when required,by her Supervisor or Department Head.
18
19 (3) Permit medical examination, nursing visit or any County inquiry (telephone
20 call, visit to the employee's house, etc.) deemed appropriate by the County to
21 document the illness of the employee or family member.
22
23 The Department Head is responsible for following up on sick leave use and for ensuring
24 that there is no sick leave abuse. The Department Head may require any employee to
25 bring in a note from his or her personal physician for absences of three (3) consecutive
26 working days or more. However, if a Department Head reasonably suspects that an
27 employee is abusing sick leave, said Department Head may require that any use of sick
28 leave by the employee for herself or family member be justified by a note from a
29 physician. Further, in the event that a Department Head is unsatisfied with the initial
30 doctor's note, he may require the employee or family member to be examined by a -
31 County-designated physician at the County's expense.
32
33 B. If it is determined that the employee is unfit to continue working, the Department
34 Head may require the employee to use any part of his accrued sick leave, compensatory
35 time or annual leave and may thereafter require the employee to take such leave without
36 pay as is medically determined sufficient to restore him to normal health, however, this
37 will in no way prevent the County from separating him from employment if the absence
38 would be of such duration as to pose a hardship on the operations of the Department.
39
40 C. The Department Head may require, at any time, an employee to present medical
41 evidence that he is physically or mentally fit to work and/or the Department Head may
42 require an employee to be examined by a County-designated physician or psychiatrist, at
43 the County's expense.
44
45 D. If the employee's illness is covered by FMLA, the County's FMLA policy will govern
46 entitlement to leave and the terms and conditions of that leave.
47
Rev. 12/18/09 -24-
i 28.3 NOTIFICATION OF ABSENCE
9
3 If absent for three consecutive work days without reporting to the Supervisor a reason
4 sufficient to justify the absence, the employee may be removed from the payroll as having
5 voluntarily resigned without notice. The Supervisor is to notify the Department Head.
6 Any unauthorized absence may be cause for disciplinary action, up to and including
7 termination
8
9 28.4 PAYMENT OF UNUSED SICK LEAVE
10
11 A. An employee who terminates with less than five (5) years continuous service shall
12 not be paid for any unused sick leave credits.
13
14 B. Employees with varying years of continuous service shall, upon separation, from
15 the County in good standing, death or retirement, receive incentive sick leave pay as
16 follows:
17
18 5 to 10 years of service - 1/4 of all accrued sick leave, with a maximum of 30
19 days.
20
21 10 to 15 years of service - 1/2 of all accrued sick leave, with a maximum of 90
22 days.
23
24 15 years or more- 1/2 of all accrued sick leave, with a maximum of 120 days.
25
26 C. The payments made as terminal pay for unused sick leave, whether paid as salary or
27 otherwise, shall not be used in the calculation of average final compensation for
28 retirement.
29
30 D. Employees who leave the County service without proper notice or who are terminated
31 for just cause may be denied payment of accrued sick leave.
32
33 ARTICLE 29
34
35 HOLIDAYS
36
37 29.1 OFFICIAL HOLIDAYS
38
39 The following are holidays which shall be observed by all County offices in which
40 functions can be discontinued without adversely affecting required services to the public:
41
42 New Year's Day Labor Day
43 Presidents Day Columbus Day
44 Martin Luther King's Birthday Veterans Day
45 Good Friday Thanksgiving Day
46 Memorial Day Thanksgiving Friday
47 Independence Day Christmas Day
Rev. 12/18/09 -25-
1
2 In addition to the above-designated holidays, the Board of Commissioners, in its sole
3 discretion, may grant other special holidays during the course of a year to some, or all,
4 County employees.
5
6 29.2 ELIGIBILITY
7
8 All salaried employees on the active payroll on the date of the holiday shall be eligible for
9 holiday pay at their regular rate of pay. Employees must be working or on approved leave
10 with pay the entire day before and the day after a holiday to be compensated for said
11 holiday.
12
13 29.3 WORK DURING HOLIDAYS
14
15 Each employee shall observe all holidays designated in this Section, provided that the
16 work load of the department is, in the discretion of the County Administrator, such that
17 the employee's work load cannot be discontinued without causing a hardship to the
18 County.
19
20 In the event that the work load in any department does not permit the observance of any
21 designated holiday, all employees required to work on said designated holiday, or if
22 holiday falls on employees designated day off, may be granted another day's leave in lieu
23 of the holiday or paid for the work performed on the holiday. If employee wishes to
24 substitute a holiday, it will be scheduled in the manner as annual leave.
25
26 29.4 HOLIDAYS FALLING ON WEEKENDS
27
28 Unless otherwise specified by the Board of County Commissioners - when a holiday falls
29 on a Saturday, the preceding Friday shall be observed as a holiday - when a holiday falls
30 on a Sunday, the following Monday shall be observed as a holiday.
31
32 Some County facilities are open on Saturdays and Sundays. When a holiday falls on a
33 Saturday or Sunday, those facilities will observe the holiday on the actual holiday in lieu
34 of the normally scheduled County Holiday.
35
36 29.5 HOLIDAY DURING PAID LEAVE
37
38 Employees on annual or sick leave during periods when designated holidays occur shall
39 not have the day of the holiday charged against their accrued leave.
40
41 29.6 OBSERVANCE OF RELIGIOUS HOLIDAYS
42
43 Employees who choose to observe other"holidays" for religious or other reasons must do
44 so by utilizing annual leave pursuant to Article 30.
Rev. 12/18/09 _26
1
2 ARTICLE 30
3
4 ANNUAL LEAVE
5
6 A. ELIGIBILITY
7 All salaried employees with regular status working 20 hours or more per week
8 shall earn and accrue annual leave with pay.
9 B. ACCRUAL
10
t 1 For current employees and employees hired on or prior to September 30, 1999,
12 Annual leave for regular, employees shall be earned in accordance with the
13 following table:
14
15 Years of Continuous Hours of Leave Earned Hours of Leave Earned
16 Service During Each Calendar During Each Calendar
17 Month Month
18
19 40 HPW 37 1/2 HPW
20 1 through 3 years 4 hours per bi-weekly 3.75 hours per bi-weekly
21 pay period pay period
22 (13 working days per year) (13 working days per year)
23
24 4 through 10 years 5 hours per bi-weekly 4.75 hours per bi-weekly
25 pay period pay period
26 (16 1/4 working days per (16.5 working days per year)
27 year)
28
29 11 through 15 years 6 hours per bi-weekly 5.75 hours per bi-weekly
30 pay period pay period
31 (19 1/2 working days per (19.9 working days per year)
32 year)
33
34 16 through termination of employment
35
36 7 hours per bi-weekly 6.75 hours per bi weekly
37 pay period pay period
38 (22 3/4 working days per (23.4 working days per year)
39 year)
40
41 Monroe County currently has a bi-weekly pay period system commencing at 12:00
42 a.m. Sunday, ending two Saturdays later at 11:59 p.m. There are 26 pay periods
43 per year.
44
Rev. 12/18/09 -27
•
For employees who are hired on October 1, 1999, or after Annual leave for
2 regular, full-time employees with a work week of 40 hours per week shall be
3 earned in accordance with the following table:
4
5 Years of Continuous Flours of Leave Earned
6 Service During Each Calendar
7 Month
8
9 1 through 5 years 4 hours per bi-weekly
10 pay period
11 (13 working days per year)
12
13 6 through 15 years 5 hours per bi-weekly
14 pay period
15 (16 1/4 working days per
16 year)
17
18 16 through termination of employment
19 6 hours per bi-weekly
20 pay period
21 (19 1/2 working days per
22 year)
23
24 Monroe County currently has a bi-weekly pay period system commencing at 12:00
25 a.m. Sunday, ending two Saturdays later at 11:59 p.m. There are 26 pay periods
26 per year.
27
28 Annual leave for employees working less than 40 hours per week, but more than
29 20 hours per week will be prorated according to the hours worked. When there
30 has been a break in employment of 48 hours or more, the employee, upon
31 reinstatement or re-employment, will begin earning annual leave as a new
32 employee.
33
34 Employees who are on leave without pay status for more than 8 hours during a
35 pay period will not accrue annual leave for that pay period.
36
37 C.
38 1. Annual leave may be used on a payday-to-payday basis as it is earned
39 according to scheduling requirements and may be accumulated up to 40 working
40 days. Any time earned in excess of this amount will be handled in accordance
41 with the Monroe County Personnel Policies and Procedures.
42
43 2. All annual leave must be approved in advance by the applicable Department
44 Head, Division Director and/or the County Administrator depending on the
45 position held by the requesting employee. The employee shall fill out his Leave
46 Request Form and submit it to the Department Head, who has the right to deny an
47 employee's request for annual leave, if granting such leave at that time would be
Rev. 12/18/09 _28 -
1 detrimental to County operations. Upon such denial, the employee may request
2 the leave,at another time.
3
4 The Department Head is responsible for verifying that the employee does have
5 sufficient accrued leave to cover the period of absence, and should return the
6 leave request to the employee indicating approval or denial, within seven (7) days
7 of receipt of the request, unless a valid reason is given to the employee for the
8 delay.
9
10 D. ANNUAL LEAVE PAY UPON SEPARATION
11
12 Payment of annual leave shall be based on the employee's regular rate of pay and
13 terms of separation.
14
15 E. RESTRICTIONS
16
17 Annual leave may be used for any purpose; however, it is a privilege incident to
18 County service and is not a right, and may only be used by the employee if taken
19 prior to termination for cause or in accordance with these policies, with the
20 following restrictions:
21
22 1. Annual leave may not be taken until accrued in accordance with these
23 rules.
24
25 2. Employees will not accrue annual leave during a leave of absence
26 without pay, a suspension or when the employee is otherwise in a non-paid
27 status.
28
29 3. Article 25.2 -Resignations.
30
31 4. Employees who leave the County service without proper notice or who
32 are terminated for just cause may be denied payment of accrued annual
33 leave.
34
35 5: An employee who leaves the County and wishes to receive payment for
36 annual leave must sign a waiver and general release of any and all claims
37 against the County and its official, managers, supervisors, employees and
38 insurers to receive payment of annual leave.
39
40 ARTICLE 31
41
42 UNIFORMS,TOOLS AND EQUIPMENT
43
44 31.1 For employees required to wear a uniform, the County will furnish two sets of shirts and
45 pants for each day the employee is regularly scheduled to work in a workweek, plus one
46 additional uniform, i.e., five-day employees will have 11 sets and four-day employees
47 will have 9 sets, and all on-call employees shall receive an additional 2 sets, not to exceed
Rev. 12/18/09 _29-
1 15 sets. Bargaining unit employees shall be given their choice of long or short pants,
2 except for those positions for which the County makes the determination that long pants
3 are required. The determination to require long pants will not be arbitrarily made. Such
4 uniforms are not to be worn except while employees are on the job and while traveling to
5 and from the job.
6
7 31.2 Tools and equipment that are normally supplied by the County will be used properly and
8 carefully by employees who require them in their work. It is the responsibility of the
9 employee to use and secure such tools and equipment in such a manner as to minimize
10 the potential for loss or theft.
11
12 31.3 Tools and equipment provided by the County will be replaced by the County if they are
13 stolen or broken during normal use and provided proper care and prescribed security
14 measures have been followed and loss or breakage is not due to the employee's
15 negligence or abuse. Loss or breakage due to employee's negligence or abuse subject to
16 discipline
17
18 ARTICLE 32
19
20 REMUNERATION
21
22 32.1 All current bargaining unit employees covered by this Agreement will receive 0% cost-of
23 living-allowance and no merit increases during the term of this Agreement.
24
25 32.2 Monroe County has established a program to recognize County employees who have been
26 in the County Service for Five, Ten, Fifteen, Twenty, Twenty-five and Thirty years.
27 Grant and part-time employees will be eligible for the years-of-service program.
28
29 At the employee's anniversary date, or as soon thereafter as is feasible, the
30 Department must cause a letter to be placed in the employee's personnel file noting
31 the years of service and must deliver the following, in a lump sum payment, to the
32 employee:
33 a—For 5 years of service, a decorative pin and a $100.00 award;
34 b — For 10 years of service, a decorative pin and a $175.00 award and recognition
35 at the BOCC meeting;
36 c — For 15 years of service, a decorative pin and a $200.00 award and recognition
37 at the BOCC meeting;
38 d — For 20 years of service, a decorative pin and a $350.00 award and recognition
39 at the BOCC meeting;
40 e—For 25 years of service, a decorative pin and a$500.00 award and recognition at
41 the BOCC meeting;
42 e—For 30 years of service, a decorative pin and a $1,000.00 award and recognition
43 at the BOCC meeting;
Rev. 12/18/09 -30-
1
2 ARTICLE 33
3
4 ENTIRE AGREEMENT
5
6 33.1 The parties acknowledge that during the negotiations, which resulted in this Agreement,
7 each had the unlimited right to make demands and proposals with respect to any subject or matter
8 not removed by law from the area of collective bargaining. They, therefore, each voluntarily and
9 unqualifiedly waive the right for the term of this Agreement to bargain collectively with respect
10 to any matter referred to or covered in this Agreement, or with respect to any subject or matter
11 not specifically referred to or covered by this Agreement.
12 33.2 This Agreement represents the entire agreement between the parties and no other
13 Agreements or practices are binding upon either party hereto with respect to wages, hours or
14 working conditions of the employees covered hereby. The County shall not be obligated to
15 continue any benefits or employee practices which it has given or engaged in prior to the
16 execution of this Agreement unless such benefits or practices are specifically set forth in this
17 Agreement, and past practices of the employer will not be considered in interpreting this
18 Agreement.
19 33.3 The parties also agree that the County may unilaterally make changes in the terms and
20 conditions not covered in this Agreement without having to bargain over any such decision or its
21 effects. This Agreement expressly permits the County's right to make such changes.
22 ARTICLE 34
23
24 PRINTING AGREEMENT
25
26 34.1 This Agreement shall be printed within a reasonable time by the County. The County
27 shall provide three originals of the contract to the Union.
28
29 ARTICLE 35
30
31 SAVINGS CLAUSE
32
33 If any article, section, or provision of this Agreement should be found invalid, illegal or
34 not enforceable by reason of any existing or subsequently enacted legislation or by
35 judicial authority, all other articles and sections of this Agreement shall remain in full
36 force and effect for the duration of this Agreement. If such action occurs, the County and
37 the Union shall meet within thirty days for the purpose of negotiating a mutually
38 satisfactory replacement for such provision.
39
40 ARTICLE 36
41
42 DURATION OF CONTRACT
43
44 36.1 After ratification by the parties, this Agreement shall be effective as of October 1, 2009,
45 and shall remain in full force and effect until midnight, September 30, 2010.
Rev. 12/18/09 -31 -
I BOARD OF COUNTY COMMISSIONERS TEAMSTERS LOCAL NO.769
2 MONROE COUNTY, FLORIDA
3
4
54j1/6?-°t/
6 By By i
7 Chairman resident
r
8 FEB 1 7 2010 Z(/r��/o
9 Date: Date:
10
11
12 Attest:
13
14
15 By: By: G
16 -K=C.Q1nty Administrator Business Representative
; , -8172010
• } : . Date: g;" //7//O
"3 &iiiW /
PPOR;; Ma. ..,... ` -F-49`k DAN ' L. KOLHAGE,
R14r: �, Clerk
23 «r 1 7 2010
24 tj, _.
cr V) W -'
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MONROE COUNTY ATTORNEY
PRO Ep A T F M:
Q/
CYNTHIA L. HALL
ASSI ANT COUNTY ATTORNEY
Dated-/ - oZ.DI"U
'Rev. 12/18/09 -32-
I Attachment"A"
2
3 BULLETIN BOARD LOCATIONS
4
5 PUBLIC WORKS STOP#9
6 (MM 5)
7 DETENTION FACILITY
8 5501 COLLEGE RD
9 KEY WEST,FL.33040
10
11 AIRPORTS STOP#5
12 KEY WEST
13 3491 SOUTH ROOSEVELT BLV.
14 KEY WEST,FL.33040
15
16 COURTHOUSE
17 MM 0 STOP#8
18 500 WHITEHEAD STREET
19 KEY WEST,FL.33040
20
21 ROADS&BRIDGES TRAILER STOP#4
22 (by Airport)
23 KEY WEST
24 3583 SOUTH ROOSEVELT BLV.
25 KEY WEST,FL.33040
26
27 FACILITIES MAINTENANCE
28 (by Airport) STOP#4
29 KEY WEST
30 3583 SOUTH ROOSEVELT BLV.
31 KEY WEST,FL.33040
32
33 TRANSFER STATION STOP#10
34 CUDJOE MM 21 1/2
35 BLIMP ROAD
36 CUDJOE KEY,FL.33042
37
38 PUBLIC WORKS STOP#16
39 MARATHON MM 49
40 10600 AVIATION BLV.
41 MARATHON FL.33050
42
43 PUBLIC WORKS STOP#19
44 PLANTATION KEY MM 881/2
45 88770 OVERSEAS HWY.
46 TAVERNIER FL.33070
47
48 TRANSFER STATION STOP#24
49 KEY LARGO MM 107
50 11180 COUNTY ROAD 905
51 N.KEY LARGO,FL.33037
52
53 AIRPORT STOP#15
54 MARATHON MM 49
55 9400 OVERSEAS HWY
56 MARATHON,FL.33050
57
58
59 TRANSFER STATION STOP#17
60 LONG KEY MM68
61 LONG KEY,FL.33001
62
63 CARD SOUND TOLL FACILITY STOP#25
64 58070 CARD SOUND ROAD MM107
65 KEY LARGO,FL.33037
66
67 MURRAY NELSON CENTER STOP#26
68 102050 OVERSEAS HWY MM 102
69 KEY LARGO,FL.33037
Rev. I2/18/09 -33-
GRIEVANCE FORM
Attachment "B" •
TEAMSTERS LOCAL UNION N0.'769
sow)S.Orange Avenue 12363 W.Dixie Highway 3400 43'11 Ave,Ste.3
Orlando,FL 32309 North Wand,FL 33161 Vero Beach,FL 32960
Grievants Name: Job Title:
Complete Address: _
City: • State: Zip:
Shift: Work Phone:! • Home Phone:
Employer:) ,_Employer Manager:
1. Grievant's Statement of Grievance:
(Describe in detail the action giving rise to the complaint. Specify names,dates,
classification, place and site of violation,time, etc....)
•
•
2. Specify the Article(s)of the agreement which is/are violated:
3. What is the remedy and/or relief sought?
I Hereby authorize the Teamsters Local Union No..469 to act for me in the
disposition and settling of this grievance.
Date: Grievant's Signature
Date: Steward Signature:
-34-
t.
"DECISION & APPEAL OF GRIEVANCE
Decision of Manager
•
Date of Decision Employer's Signature Title
Signature of Union Steward Date
Grievance Settled: Yes No
Case Appealed to: Date
Case Appealed by: Date
Decision of Appeal: •
Signature of Deciding Employer Officer: Date
Signature Union Representative: Date
Grievance Settled: Yes No
Case Filed for Arbitration Yes No
By: Title
-35-
• STATE OF FLORIDA
PUBLIC EMPLOYEES RELATIONS COMMISSION
TEAMSTERS LOCAL UNION NO. 769 •
AFFILIATED WITH THE INTERNATIONAL:
BROTHERHOOD OF TEAMSTERS, •
CHAUFFEURS, WAREHOUSEMEN AND
HELPERS OF AMERICA, •
Petitioner, Case Nos. RC-93-063
•• RC-93-064
v. •
RC-93-065
•
MONROE COUNTY BOARD OF COUNTY VERIFICATION OF ELECTION
COMMISSIONERS, RESULTS AND CERTIFICATION
OF EXCLUSIVE COLLECTIVE
Respondent. • BARGAINING REPRESENTATION
Stanton R. Orr, Miami, attorney for petitioner.
John D. Gronda and Donna M. DiChiara, Miami, attorneys for
respondent.
A secret ballot election was conducted March 22, 1994, in
the following unit:
INCLUDED: All full-time and regular part-time
employees employed by the Monroe County
Board of County Commissioners in the
following classifications: airport
maintenance technician, airport rescue
firefighter, airport security guard
supervisor, animal control officer,
animal tender, bridge tender, bridge
tender lead worker, building maintenance
technician, carpenter, carpenter fore-
man, communications assistant, communi-
cations technician, crew chief, custo-
dian, custodian foreman, dispatcher,
electrical/electronic technician, elec-
trical maintenance technician, electri-
cian, electrician foreman, EMS support
services manager, EMT/Driver, equipment
operator, equipment operator - roads and
bridges, equipment operator/maintenance,
heavy equipment operator, maintenance
mechanic - facilities maintenance, main-
tenance mechanic - roads, maintenance/-
toll collector, maintenance worker I -
facilities, maintenance worker I -
roads, maintenance worker II, mason,
master plumber, mechanic I - fleet
-36-
S w
RC-93-063
RC-93-064
RC-93-065
management, mechanic III - fleet
management, mechanic II - Penvironmental
' :management, mechanic III ' environmental -
management, operator, paint and body' .—'
mechanic I, paint and body mechanic IIi,
painter, painter foreman, paramedic,
1)park attendant, plumber, plumber fdre�,. O.L.
man, resident park attendant, road'
striper, roofer, security guard - 011= : u •
airport, security guard - correctiora , Y=d
facility, security guard/.--- correctioild.
foreman, senior communications technt3r - esti '
cian, services manager - fleet manage-
ment, services technician, shift .• :
captain/airport rescue, survey party
chief, toll collector, traffic sign
coordinator, transportation driver, - -
truck driver, and weighmaster:-` -
• EXCLUDED: All temporary employees, grant
employees, supervisors, and all other
employees of the Monroe County Board of
County Commissioners.
The election results are as follows:
1. Approximate number of eligible voters 199
2. Void ballots
3. Votes cast for Petitioner
4. Votes cast against participating 1— --
organization
5. Valid votes counted - 181
6. Challenged ballots 181
7. Valid votes counted plus challenged ballots 7
8. Challenges are not sufficient to affect the 188
results of the election.
The Commission VERIFIES the results of the election con-
ducted March 22, 1994. Petitioner (OR-86-047) received a
majority of the valid votes plus challenged ballots.
Pursuant to Section 447.307 (3) (b) , Florida Statutes, the
Commission CERTIFIES the Petitioner as the exclusive bargaining
representative for employees in the unit described above.
Certification number insri is issued to the Petitioner.
This order may be appealed to the appropriate district court
of appeal. A notice of appeal must be received by the Caasion
and the district court of appeal within thirty days from the date
of this order. Except in cases of indigency, the court wiU
-37-
RC-93-063
' RC-93-064
RC-93-065 •
require a filing fee and the Commission will require payment for
preparing the record on appeal. Further explanation of the right
to appeal is provided in Sections 120.68 and 447.504, Florida
Statutes, and ,the Florida Rules of Appellate Procedure.
Alternatively, a motion for reconsideration may be filed.
The motion ,Fius.t be received by the Commission within fifteen days
from the date of this order-. The motion shall state the parti-
cular points of fact or law allegedly overlooked or misappre-
hended by t .. Commission, 'and shall not reargue the merits of the .
order. Fourther explanation, refer to Florida Administrative
Code Rule 3,6D-15.005 . .
J. -
It is so- ordered.
HORNE, Chairman, SLOAN and ANTHONY, Commissioners, concur.
I HEREBY CERTIFY that this document was filed and a copy
served on each party on Q ,tQ., 7 , 1994.
BY: ,..16,4, Seelif....e,kr
rk
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-38-