Item B1CONTRACT
BETWEEN
MONROE COUNTY
AND
TEAMSTERS LOCAL UNION NO. 769
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TABLE OF CONTENTS
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Page No.
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Article 1
Recognition
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Article 2
Intent and Purpose
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Article 3
General
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to
Article 4
Non - Discrimination
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Article 5
Correspondence
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Article 6
Bulletin Boards
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Article 7
Management Rights
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Article 8
Subcontracting
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Article 9
Availability
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Article 10
Safety
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Article 11
Union Representation & Access
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Article 12
Payroll Union Initiation Fees and Union Dues
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Article 13
No Strike - No Lockout
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Article 14
Outside Employment
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Article I5
Attendance and Punctuality
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Article 16
Hours of Work
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Article 17
Overtime
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Article 18
On -Call /Standby
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Article 19
Call Back
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Article 20
Temporary Assignments
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Article 21
Probationary Period
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Article 22
Promotions — Job Openings
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Rev. 9/7/10
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Article 23
Discipline
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Article 24
Grievance and Arbitration
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Article 25
Separations
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Article 26
Insurance
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Article 27
Leaves of Absence
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Article 28
Paid Sick Leave
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Article 29
Holidays
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Article 30
Annual Leave
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Article 31
Uniforms, Tools and Equipment
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Article 32
Remuneration
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Article 33
Entire Agreement
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Article 34
Printing Agreement
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Article 35
Savings Clause
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Article 36
Duration of Contract
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3.1
Attachment A
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Attachment B
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PERC Certification dated April 7, 1994
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, ARTICLE 1
RECOGNITION
Monroe County (the "County ") recognizes Teamster Local Union #769 affiliated with the
International Brotherhood of Teamsters (the "Union ") as the cxchu ive bargaining agent
for PERC purposes for the employees in the unit designated by the Florida Public
Employees Relations Commission (PERC) in the PERC certification dated April 7, 1994,
a copy of which is attached.
ARTICLE 2
INTENT AND PURPOSE
It is the intent and purpose of the parties hereto to set forth herein the basic Agreement
covering rates of pay, hours of work, and' conditions of employment; to achieve and
maintain harmonious relations .between the County and the Union; to ensure the
continuous, uninterrupted and efficient operation of all departments; and to provide for
the prompt and amicable adjustment of differences which may arise.
AR TICLE 3
GENERAL
3.1 Masculine pronouns used herein shall refer to men or women or both. The use of
masculine job classification titles shall be construed as including each gender as
appropriate.
3.2 Unless otherwise stated in this Agreement, references to "days" shall mean calendar days
and not workdays.
3.3 The term "Department Head" as used in this Agreement is defined as the level of
administrator in the employees' department or division who requires Board of County
Commissioner confirmation of the County Administrator's appointment.
3.4 Whenever the terms ".County Administrator ", "Division. Director" or "Department Head"
are used, the terms shall be interpreted to include their duly authorized representatives.
ARTICLE 4
NON - DISCRIM
4.1 Neither the County nor the Union shall discriminate against any employee as it relates to
race, color, religion, gender, age, national origin, veteran status, marital status, familial
status, sexual orientation /preference, disability/handicap, or membership in Union or lack
of membership in a Union or because of any reason prohibited by law. Any claim of
discrimination of retaliation based on the foregoing shall be processed exclusively
through the appropriate administrative agency (e.g., Equal Employment Opportunity,
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Florida Commission on Human Relations, Public Employers Relations Commission, etc.)
and shall not be subject to the grievance- arbitration procedures of this Agreement.
ARTICLE 5
CORRESPOND
5.1 Unless otherwise provided in this 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 representative. To comply with the
time limits contained in this Agreement, such correspondence shall actually be received
by the County Administrator or Union business representative on or before the date due
unless sent via the U.S. Postal Service. When the U.S. Postal Service is utilized, all time
limits contained in this Agreement shall be considered to be met so long as the postmark
date is in compliance with the specified time limit.
5.2 It is the responsibility of the Union to furnish the County with a mailing address for it and
to advise the County of any address changes. The initial addresses are as follows:
COUNTY
Monroe County
County Administrator
1100 Simonton Street, Suite 2 -205
Key West, FL 33040
305- 292 -4441
UNION
Teamsters Local Union #769
12365 West Dixie Highway
North Miami, FL 33161
(305) 642 -6255
5.3 Each party shall copy the other on any and all correspondence pertaining to the contract
sent to Qr received from PERC.
ARTICLE 6
BULLETIN-BOARDS
6.1 The County will furnish space for the Union to place one bulletin board at each location
where bargaining unit employees regularly report to work and where the County has an
official bulletin board. Those locations are specified in Attachment A. The bulletin
boards will be provided by and paid for by the Union.
6.2 The County Administrator shall approve the exact location for placement of all bulletin
boards. Bulletin boards may be no larger than 20 inches by 30 inches.
6.3 All notices placed on such bulletin boards shall relate solely to official Union business.
Notices posted shall not contain derogatory, defamatory, inflammatory, or untrue
statements about the County or any of its officials or anyone else. Bulletin boards shall
not be used to communicate with the general public, to distribute political matter, or for
advertising. All notices shall clearly state that they are "Teamster Notices" and shall be
signed and dated by the Union business representative or chief steward, who will accept
full responsibility for their content.
Rev. 9/7/10
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1 6.4 The Union stewards shall check all .bulletin boards at reasonable intervals to ensure that
2 no unauthorized materials have been posted. If unauthorized materials have been posted -
3 or if the Union chief steward has been notified that bulletin boards contain unauthorized
4 materials, the Union chief steward shall cause such unauthorized materials to be removed
5 immediately. When the Human Resource Director receives complaints of unauthorized
6 material or inappropriate material, .the Human Resources Director will notify the Union
7 Chief Steward for investigation and/or immediate removal of unauthorized or
8 inappropriate material. The County may remove any such inappropriate material if the
9 Union fails to timely remove the material.
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11 ARTICLE 7
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13 MANAGEMENT RIGHTS
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15 7.1 Except as otherwise specifically limited in this Agreement, the Union, recognizes and
16 agrees that the supervision, management, control and determination of the County
17 business, operations, working force, equipment, and. facilities ' are exclusively vested in
19 the County and its designated officials,. administrators, managers, and supervisors. The
19 County alone shall have the authority to determine and direct policies, mode, and
20 methods of providing its services and unilaterally set the standards for same, without any
2; interference in the, management, and conduct of the County's business by the Union or
22 any of its representatives. Except as expressly limited by a specific provision of this
23 Agreement, the County shall continue to have the exclusive right to take any action it
24 deems necessary or appropriate in the management of its business and the direction of its
25 work force. Without limiting the generality of the foregoing, such rights exclusively
26. reserved to the County shall include but not be limited to its right to determine the
27 existence or nonexistence of facts which are the basis of management decisions; the right
28 to determine.the size and composition of its work forces; to determine the existence of a
29 job vacancy; to temporarily fill vacancies; to hire new employees from the outside at any
30 level; to select, reinstate, retire, promote, demote, evaluate, transfer, suspend, assign,
31 direct, lay -off and recall employees subject to the express provisions of this Agreement;
32 to determine the fact of lack of work; to determine questions of physical fitness, skills
33 and ability of employees to perform the work; to reward or reprimand, discharge or
34 otherwise discipline employees; to maintain the minimum qualifications for job
35 classifications and the amount and type of work needed; to engage in experimental -and
36 development projects; to determine what records are to be made and kept, including those
37. records relating to hours of work of employees, who will make and keep the records, how
.38 the records are to be made and kept; to establish new jobs, abolish or- change existing
39 jobs; to determine the assignment of work; to contract out or subcontract work; to
40 schedule the hours and days to be worked on each job and to make time studies. of work
41 loads, job assignments, methods of operation and efficiency from time to time and to
42 make changes based on said studies; to expand, reduce, alter, combine, transfer, assign,
43 cease, create, or restructure any department or operation for business purposes; to control,
44 regulate, and determine the number, type and use of supplies, machinery, equipment,.
45 vehicles, and other property owned, used, possessed or leased by the County; to introduce
46 new, different or improved methods, means and processes of County services and
47 operations; to make. or change rules and regulations, policies and practices for the
48 purpose of efficiency, safe practices and discipline; and otherwise generally to manage
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I the County, direct the work force, and establish terms and conditions of employment,
2 except as modified or restricted by a provision of this Agreement.
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4 7.2 The County's failure to exercise any function or right hereby reserved to it, or, its
5 exercising any function or right in a particular way, shall not be deemed a waiver to its
6 rights to exercise such function or right, nor precludes.the County from exercising the
7- same in some other way not in conflict with the express provisions of this Agreement.
8 The Union agrees that the County may exercise all of the above without advising the
9 Union of any proposed action; nor may.the Union require the County to negotiate over
10 the decision or its effects on the, employees except as altered by this. Agreement. The
11 exercise -of the rights specifically listed in this article does not preclude the employees or
12 their representatives from conferring with management or raising questions, about the
13 practical consequences that decision on these matters may have on the terms and
14 conditions of employment.
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16 7.3 Past practices of the Board of County Commissioners or County management shall not be
17 considered for the purpose of limiting the rights, responsibilities, or prerogatives of
18 in nor for the purpose of enlarging upon the specific and express limitations
19 on management, which are contained in this Agreement.
20.
21 7.4 If the County determines that civil emergency conditions exist, including but not limited
22 to riots, civil disorders, strikes or. illegal work stoppages, hurricane conditions or similar
23 catastrophes or disorders, the provisions of this Agreement may be suspended by the
24 County during the term of the declared emergency. Notwithstanding the provisions of
25 Article 5, Correspondence, notice of such suspension will be given to the Union president
26 as soon as practicable after the determination has been made and by whatever means is
27 appropriate in the circumstances.
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29 ARTICLE 8
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31 SUBCONTRACTING
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33 8.1 For purpose of this Agreement subcontracting shall mean work which is contracted out
34 by the County to an agency, person, company, or other provider which results in the
35 direct displacement or layoff of then existing bargaining unit employees.
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37 8.2 The County reserves the right to subcontract work. Should subcontracting occur which
38 will result in bargaining unit employees being laid off, the County agrees to notify the
39 Union when the request to subcontract is put on the County .Commission agenda. The
40 Union reserves the right to appear before the County Commission -and express its position
41 to the County Commission for consideration at the time the Commission considers the
42 subcontracting agenda item without being held to the time limit of 5 minutes for a
43 representative for an organization. If employees are laid off due to subcontracting, they
44 shall have the rights provided under Article 25, Separations.
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ARTICLE 9
AVAILABILITY
9.1 All County employees covered by this Agreement are subject to call back and as such
shall keep the County informed of their address and telephone number and/or cellular
phone, if they have either a phone or cellular phone
92 All employees being paid for stand -by must maintain availability during such stand -by
period. Employees who do not answer a page during such stand -by status shall be subject
to disciplinary- -- action.
9.3 It is understood that some employees will be required to work during declared
emergencies such as hurricanes. The County will attempt to provide employees as much
notice as possible that they will be required to work during the declared emergency. The
County will also attempt, where able under the circumstances, to give employees time to
secure their families and personal property prior to reporting for duty. The County will
pay employees who work during declared emergencies pursuant to Resolution No. 224-
2008 as amended from time to time.
ARTICLE 10
SAFETY
10.1 All employees and the County shall be responsible for following the provisions of the
safety policy manual. This policy will be available on the web for viewing. Each
department will have. a copy available for review. The County shall continue to have the
right to unilaterally establish, adopt, change, amend, withdraw, and enforce the employee
safety. manual so long as such actions do not result in a conflict with the specific terms
and conditions of this Agreement. Changes to'the employee safety policy manual will be
conspicuously posted in all work areas. Except in the case of any emergency, such
changes will be posted at least five - working days before the effective date of the change.
Failure to follow prescribed safety procedures may result in disciplinary , action.
10.2 Protective devices, wearing apparel, and other equipment necessary to protect employees
- from injury shall be' provided by the County when the County requires such use. Such
items, when provided, must be used, and the Union agrees that willful neglect or
by an employee to obey safety regulations and to use safety equipment shall be just cause
for disciplinary - action. Protective devices, apparel, and equipment necessary are
determined by the Supervisor with the concurrence of the Safety Officer and can be
defined as follows:
A.
Gloves
B.
Rubber boots
C.
Safety hard hats
E.
Safety vests
F.
Safety goggles
G.
Uniforms
H.
Protective suits
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1 I. Other safety related devices and/or apparel necessary to protect the employee.
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3 10.3 Any employee shall have the right to present safety concerns and recommended solutions
4 in writing to the Safety Officer. The Safety Officer shall respond in writing to the
5 employee within 15 working days.
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7 10.4 The County shall provide the safety policy on the website and provide to each department
g a - copy for their review.
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to 10.5 Employees determined by the County to be at risk shall be provided vaccinations for
11 Hepatitis "A" and Triple_ "T" (Typhoid, Tetanus & Diphtheria).
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13 ARTICLE 11
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15 UNION REPRESENTATION & ACCESS
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17 11.1 The Union will not be required to represent in a grievance any employee who is not a
18 member of the Union.
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20 11.2 For the purpose of representing employees in accordance with the provisions of Article
21 24, "Grievance Procedure," the Union shall designate and/or elect stewards. Each
22 steward will represent employees only in his/her department. The Union may- designate
23 one of the stewards to be the Chief Steward.
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25 11.3 The business representative of the Union shall notify the Human Resources Director, in
26 writing, of the name of the stewards and the areas they are representing, at least three
27 days before they assume, duty. If no such notice has been given, the County has no duty
28 to recognize the stewards.
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30 11.4 The Union steward may represent the,Union or Union members in matters appropriate for
3 grievance handling as set forth in this Agreement. Stewards may spend time on Union
32 business during non - working time such as before or after a shift, and during authorized
33 break and meal periods. In additions when appropriate and in order to facilitate the
34 scheduling of meetings and resolution of grievances, the County Administrator, in his
35 sole discretion, or - his designee may grant time off with pay to a steward. to attend
36 grievance hearings or meetings.
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38 11.5 Officers or agents of Teamsters Local Union # 769, except County employees on duty,
39 shall be allowed reasonable access to work sites and locations of the. County with the
40 advance consent of appropriate County officials, which consent will not be unreasonably
41 withheld, provided that such access shall in no way interfere with the efficient operation
42 of any department or crew.
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44 11.6 The Union agrees that, during the term of this Agreement, its non - employee
45 representatives and stewards shall deal only with the County Administrator, the County
46 Attorney, or the Human Resources Director, or their designees, in matters subject to
47 discussion in this Agreement. This does not prohibit a steward from addressing the
48 concerns of individual employees with a supervisor or department head.
49
Rev. 9/7/10 -8-
1 11.7 No Union member, agent or representative. of the Union, or any person acting on behalf
2 of the Union may solicit County employees during the working hours. of any employee
3 who is involved in the solicitation, nor distribute literature during working hours in -areas
4 where the actual work of County employees is performed.
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6 ARTICLE 12
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8 PAYROLL DEDUCTION, UNION INITIATION FEES AND UNION DUES
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10 12.1 Upon receipt of a signed authorization in an acceptable form from an employee, the
11 initiation fee and regular monthly dues of the Union shall be deducted from such
12 employee's pay. Such deduction shall be effective on the next regular dues deduction
13 period following the date it is received in the Human Resources Department. The County
14 will not deduct dues in arrears except to correct errors made by the County.
15
16 12.2 Monthly Union dues shall be deducted in equal amounts in each of the twenty -six pay
17 periods of each year and shall be remitted by the County no later than the fifteenth of the
18 following month to the officer and address designated by the secretary- treasurer of the
19 Union. The Union will promptly refund to the County any amount paid to the Union in
20 error on account of the - dues deduction provision. The Union shall give the County a
21 minimum of thirty days written notice of the effective date and amount of any change in
22 the amount of the dues to-be-deducted.
23
24 12.3 No deduction shall be made from the pay of any employee during any payroll period in
25 which the employee's net earnings for the payroll period are less than the amount of dues
26 to be paid, or where the deduction would result in an employee being paid less than the
27 minimum wage and /or overtime amount required by law.
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29 12.4 An authorization for dues deduction may be canceled after thirty days from the date
30 written employee notice of the cancellation is received by the Union. The Union
31 Secretary- Treasurer will notify the County in writing to cease deductions.
32
33 12.5 The Union shall indemnify the County and any department of the County and hold it
34 harmless against any and all claims, demands, suits, or other forms of liability that may
35 arise out of, or by reason of, any action taken by the County or any department of the
36 County for the purpose of complying with the provisions of this article.
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39 12.6 An employee transferred to a classification not in the bargaining unit or whose
40 employment is terminated shall cease to be subject to Union dues deduction beginning
41 with the month after the month in which such change in employee status occurs.
42
43 ARTICLE 13
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45 NO STRIKE - NO LOCKOUT
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47 13.1 During the term of this Agreement, neither the Union nor its agents nor any employee,
48 for any reason, will authorize, institute, aid, condone, or engage in a slowdown, work
49 stoppage, strike, or any other interference with the work and statutory functions or other
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obligations of the County. During the term of this Agreement neither the County nor its
agents for any reason shall authorize, institute, aid, or promote any lockout of employees
covered by this Agreement as a result of a labor dispute with the Union, unless there is a
violation of the Union's no strike commitment.
13.2 The Union agrees to notify all local officers and representatives of their obligation and
responsibility for maintaining compliance with this article, including their responsibility
to remain at work during any interruption which may be caused or initiated by others, and
to encourage employees violating Article 13 to return to work.
13.3 The County may discharge'or discipline any employee who violates Section 13.1 and any
employee who fails to carry out his responsibilities under. Section 13.1, and the Union
will not resort to the grievance procedure on such employee's behalf except to determine
if the prohibited action did in fact occur.
13.4 Nothing contained herein shall preclude the County from obtaining judicial restraint and
damages in the event of a violation of this article.
ARTICLE 14
OUTSIDE EMPLOYMENT
14.1 A. Full -time employees may engage in other employment during their off -duty hours.
However, County employment must be considered the primary employment. Employees
shall not, directly or indirectly, engage in any outside employment or financial interest
which may conflict, in the County's opinion, with the best interests of the County or
interfere with the employee's. ability. to perform. the. assigned County job. Examples
include, but are not limited to outside employment which:
1) Prevents the employee from being available for work beyond normal working hours,
such as.emergencies or peak work periods, when such availability is -a regular part of
the employee's job;
2) Is conducted during the employee's work hours;
3) Utilizes County telephones, computers, supplies, or any other resources, facilities, or
equipment;
4) May reasonably be perceived_ by members ,of the public as .a conflict of interest or
otherwise discredits public service.
B. Employees shall not be instructed or allowed to perform work for private individuals
or other governmental agencies as part of his/her County employment except in those
instances where such work is part of contract arrangements entered into by the Board of
County Commissioners with such private individuals or government agencies, or in those
cases where under prior Board of County Commission policy, the employee is to give
service'in an emergency situation.
14.2 Employees who have accepted outside employment Are not eligible for paid sick leave
when the leave .is used to work on the outside job. Fraudulent use of sick or personal
absences will be cause for disciplinary action.
Rev. 9/7/10
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ARTICLE 15
ATTENDANCE AND. PUNCTUALITY
15.1 It is the policy of the County to require employees to report for work punctually as
scheduled and to work all scheduled hours and any required overtime. Excessive
tardiness and - excessive absences disrupt workflow and customer service and-will not be
tolerated.
15.2 Unauthorized or excessive absences or tardiness will result in disciplinary action, up to
and including termination. Absences in excess of those allowed by policy, tardiness or
leaving early without proper authorization are grounds for discipline.
15.3 Employees should notify their supervisor, as far in advance as possible whenever they.are
unable to report for work, -know they will be. late, or seek permission to leave early.
Notification shall not be later than 1 hour after start time of employee's normal shift start.
Such notification should include a reason for the absence and an indication of when the
employee can be expected to. report for work. If the supervisor or department head is
unavailable, the division clerk or the Co" -Administrator should be contacted and
given the same information.
15.4 Employees -who report -for work without- proper equipment or in improper attire may -not
be permitted to work. Employees, who report for work in a condition deemed not fit for
work, whether for illness or any other reason, will not be allowed to work.
15.5 Employees are expected to report to their supervisor after being late or absent, giving an
explanation of the circumstances surrounding their tardiness or absence, and certify that
they.are fit to return to work.
15.6 : Employees who are absent from work for three consecutive workdays without giving any
notice to the County will be considered as having "abandoned their position" and thereby
voluntarily quit.
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ARTICLE 16
HOURS OF WORK
16.1 The workweek shall start at 12:01 a.m.'Sunday and end at 12:00 midnight Saturday,
unless otherwise approved by 'the County Administrator. The County shall not
indiscriminately change regularly scheduled working hours and days off of employees
covered by this Agreement. Changes shall be. made by reason of operational necessity
and/or efficiency. Such changes require at least five working days notice to the affected
employees except in the case of valid public necessity, such as equipment failure,
unanticipated employee absences, and the like. Employees' regular work schedules shall
contain two consecutive days off
16.2 Employees classified as regular full time will receive a total of one unpaid hour for
meal /rest period per work shift, the time and sequence of which will - be determined by
Supervisor and approved by the Department Head. If it is necessary for the non- exempt
employee to work without a meal /rest period he /she will be otherwise compensated for
that time. All other employees will receive meal or rest periods in an amount and time
deemed appropriate by their Supervisor. Meal and rest periods shall be scheduled by the
Department Head consistent with the effective operation of the department and may be
rescheduled- whenever necessary.
ARTICLE 17
OVERTIME
17.1 It is the. policy. of the County to work its employees within the regularly scheduled
workweek unless conditions warrant.
17.2 Management may .schedule overtime beyond the standard hours when it is in the best.
interest of the County and is the most practical and economical way of meeting
workloads or deadlines.
17.3 Employees may be required to work overtime when requested by management unless
excused by management. ' Employees may volunteer to work overtime and should
communicate that. interest to their supervisors. Overtime will only be scheduled for those
employees fully qualified to perform the work required.. In all work units, the County
will make reasonable efforts to equalize overtime among employees who are similarly
classified, except as. addressed in Section 17.4 below. All other factors being the same,
seniority may be used as a selection factor.
17.4 For overtime computation, only time worked shall be considered as time worked.
Absences from work will not be counted as time worked for overtime computation.
Rev. 9/7110
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ARTICLE 18
ON- CALL /STANDBY
On -call duty assignments occur when a supervisor expressly orders that an employee
perform a certain function. These assignments are made when a supervisor mandates that
an employee be available for work due to an urgent situation during off -duty time. Such
assignments will be given to the employees who normally perform the work during
normal hours of work. For employees on a standby status, one hour of pay at time and
one -half will be paid for each regular workday. Two hours of pay at time and one -half
will be paid for each non -work day and holidays. On -call hours shall be in addition to
time worked.
ARTICLE 19
. CALLBACK
19.1 Call back is work due to an emergency or other urgent situations during off -duty hours.
Callback pay shall be paid to employees either called during off duty hours or called back
to a work site during off duty hours. This pay shall be as follows: (a) one hour paid for
employees called on the phone (or the actual time spent on the phone calls, whichever is
greater) during off duty hours when the problem is resolved over the telephone and does
not require the employee to report to a job site, or (b) two hours of pay or the actual time
worked, whichever is greater, for an employee called back to a work site during off duty
hours. This time shall be considered as time worked for computing overtime. The call or
call back of any employee requires the prior approval of the department head or designee.
19.2 The parties agree that when an employee is regularly scheduled to come to a County
building in order to open and close the building for a third party is not "call back" as that
term is defined in the previous paragraph, but that the employee who is called to work for
the purpose will be entitled to a minimum of two (2) hours or actual time worked,
whichever is greater, computed from the time the employee arrives at the County
building.
ARTICLE 20
TEMPORARY ASSIGNMENTS
20.1 The County may temporarily assign or appoint any employee to perform work, which
would normally be done by an employee in another classification, when at the discretion
of the County such an assignment, or appointment is necessary.
20.2 An employee temporarily assigned to perform work outside his normal classification
shall suffer no loss of pay should said temporary assignment be to a lower classification.
20.3 An employee may be assigned to work in a higher classification up to one year, unless
otherwise determined by the County Administrator. An employee required to work in a
higher classification 30 consecutive working days or less may be required to do so at no
increase in pay. If the employee is required to work beyond this period, he or she should
Rev. 9/7/10
-13-
I be given a temporary transfer to the higher classification and be paid the appropriate rate
2 for the higher- classification retroactively applied to day one. he or she served in such
3 higher classification and every consecutive working day thereafter. At the conclusion of
4 the assignment, pay shall revert to the authorized rate established for his regular position.
5 Any such temporary increase granted shall not affect the employee's eligibility for
6 normal salary advancement.
.7
8 ARTICLE 21 _
9
10 PROBATIONARY PERIOD
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12 21.1 The probationary or "working test" period is an integral part of the hiring and promotion
13 process. It is utilized to closely observe the new employee's work, to secure the most
14 effective adjustment of a new employee to the position, and to reject any employee
15 whose performance does not meet the required work standards. Probationary employees
16 are generally ineligible for employee requested transfers or promotions unless the County
17 Administrator or Division Director determines that it is in the best interest of the County
18 to waive this rule. Probationary employees who are permitted to transfer or promote
19 shall have their new probationary period run concurrent with their existing probationary
20 period.
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22 21.2 The probationary period shall be nine consecutive months from the - employee's first-day
23 of work with the County. If the employee has completed - the probationary period, the
24 employee. shall be placed on regular status. The County reserves the right to extend the
25 probationary period for up to three months. Such a decision shall be made at least two
26 weeks before the end of the initial probationary period, and notice shall be provided to
27 both the employee and the. Union, representative.
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29 21.3 Regular status denotes final appointment in a specific County position and classification
30 following successful completion. of the probationary period.
31
32 21.4 Newly hired probationary employees may be dismissed at any time at the discretion of
33 the County and are not entitled to the Career Service procedures or payments of sick
34 leave at time of termination.
35
36 21.5 If an employee who is serving a probationary period incurred as a result of a promotion is
37 found to be unqualified to perform the duties of the higher position, a good faith effort
38 will be made to return the employee to the position and status held immediately prior to
39 the promotion. If the employee's former position is filled or otherwise unavailable, the
40 employee may be transferred to a vacant position for which the employee qualifies. If no
41 vacancy exists for which the employee is qualified, the employee will be placed in a lay -
42 off status with recall rights.
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Rev. 9/7/10 -14-
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ARTICLE 22
PROMOTIONS — JOB OPENINGS
22.1 In filling all vacancies in the bargaining unit, employees shall meet the qualification
standards of education, training, experience, and other requirements for the position to
which the promotion is being sought. Standards and qualifications will be established to
meet the basic requirements of the position.
22.2 Job openings will be posted on Ike esnpbyee bulletin boards a minimum of seven
calendar days. Employees, excluding temporary and all probationary employees, may
initiate a written request for transfer /promotion consideration.
22.3 An employee's eligibility for promotion will be determined by the requirements of the
new job. In addition, the employee must. have both a satisfactory performance record and
no disciplinary actions (written warning or greater) during the preceding three -month
period. Employees along with external applicants will be considered. All things being
equal, and if , consistent with affirmative action plans, senior employees shall have
preference, but there will be no guarantee of promotion. Current employee candidates for
promotion will normally be screened and selected on the basis of attendance and work
records, performance appraisals, and job- related qualifications including, 'in some
instances, aptitude tests. Seniority will prevail if two or more - candidates are judged to be
equally qualified.
22.4 Promoted. employees shall receive a 5% raise or the minimum of the new grade,
whichever is greater.
22.5 Promoted employees will be placed on "promotion probation" status for a period of three
months.
22.6 The County agrees to post management vacancies and _will give bargaining unit
employees consideration in filling those vacancies. .
22.7 The County will notify the Union of every job opening by sending an e-mail to the
Business Representative at the time that the job opening is advertised internally.
ARTICLE 23
DISCIPLINE
23.1 No employee covered by this Agreement shall be disciplined or discharged without
proper cause. All discipline or discharge notices shall be in writing with a copy provided
to the employee. Such notices shall contain as complete and precise an explanation as
possible for the action being taken.
23.2 The County agrees with the tenets of progressive and corrective discipline; however, the
County has the right to review the employee's work history and prior record of
disciplinary action when determining the appropriate action to be taken. The County may
provide employees with notice of deficiencies and an opportunity to improve.
Rev. 917/10
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Notwithstanding the County's embrace of progressive and corrective discipline, the
County reserves the - right to discipline employees for cause when the County deems -it to
be appropriate.
23.3 Disciplinary actions or measures may include, subject to the rules of the Board of County
Commissioners, any of the following:
A. Oral warning
B. Written reprimand
C. Suspension
D Demotion
E. Discharge
23.4 All discipline in the form of adverse employment action must be processed exclusively
through the grievance- arbitration procedure herein. The Union waives the right of all
bargaining unit members to utilize the Career Service Act procedures for any purpose.
23.5 . Disciplinary actions older than 5 years shall not be considered for purposes of
progressive discipline.
ARTICLE 24
GRIEVANCE AND ARBITRATION
GRIEVANCE PROCEDURE
24.1 Except when doing so would present. an unreasonable risk to the employees' safety,
bargaining unit employees will follow all written and verbal orders given by superiors
even if such orders are alleged to be in conflict with the Agreement. Compliance with
such orders will not prejudice the right to file a grievance within the time limits contained
herein, nor shall.compliance affect the ultimate resolution of the grievance.
24.2 A "grievance" is a claimed violation of an express provision of this Agreement.
Notwithstanding that definition, discipline in the form of an adverse employment action
shall be subject to the grievance- arbitration procedure set forth herein. No grievance will
or need be entertained -or processed. unless presented in the manner described herein, and
_unless filed in a manner _provided herein within the time limit prescribed herein. A
grievance may be filed by a bargaining unit employee or by the Union (hereinafter the
"grievant "). In either case, the procedure to be followed will be the same. The Union
and management may mutually agree to waive any step. Any employee covered by this
Agreement must, use this grievance process and has no right to any other grievance
process (i.e., administrative policy, etc.).
24.3 Any grievance defined as a claim reasonably and suitably founded on a violation of the
terms and conditions of this Agreement shall systematically follow the grievance
procedure as outlined herein. Any grievance filed shall refer to the provision or
provisions of the Agreement alleged to have been violated, and shall adequately set forth
the facts pertaining to the alleged violation. .
24.4 Rules of Grievance Processing:
Rev. 9/7/10
-16-
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2 (A) The time limitations set forth in this Article are the essence of -the Agreement. A
3 grievance not advanced to the higher step by the Union or the grievant within
4 time limit provided shall be deemed permanently withdrawn and as having been
5 settled on the basis for the decision most recently given. Failure on the part of the
6 County's representative to answer within the time limit set forth in any step will
7 entitle the employee to proceed to the next step. The time limit at any stage of the
8 grievance procedure may be extended by written mutual agreement of the parties
9 involved in that step.
10 .
11 (B) A grievance presented at Step 2 and above shall be dated and signed by the
12 aggrieved employee presenting it. A copy of the grievance be forwarded to
13 Human Resources by the grievant and /or the Union. The departmental_ fax
14 machine will be made available for this purpose. A decision rendered shall be
15 written to the aggrieved employee with copy to the Union and shall be dated and
16 signed by the County's representative at that step.
17
18 (C) When .a written grievance is presented; the County's representative shall return a
19 dated and signed copy of it at that particular step.
20
21 (D) When a grievance is reduced to writing there shall be set forth:
22
23 1. A complete statement of the grievance and the facts upon which it is
24 based;
25 2. The section or sections of this Agreement claimed to have been violated;
26 3. Any witnesses to the event or occurrence; and
27 4. The remedy or correction requested.
28
29 (F) In the settlement of any grievance resulting in retroactive adjustment such
30 adjustment shall be limited to ten calendar.days prior to the date of the filing of
31 the grievance.
32
33 STEPS FOR GRIEVANCE PROCESSING
34
35 Step 1 : In -the event a grievance arises, the employee must present a written grievance using the
36 form attached to this Agreement as Attachment B to his immediate supervisor within five
37 working days after the employee had knowledge of the event or occurrence giving rise to the
38 grievance. The aggrieved employee may request a representative of the Union to be present.
.39 Discussions will be informal for the purpose of settling differences -in the simplest and most
Q direct manner. The supervisor will consult with the department head. The department head.shall
41 reach a decision and communicate it in writing to the aggrieved employee with a copy to the
42 Union within ten working days from the date the. grievance was presented to the supervisor.
43
44 Step 2 : If the grievance is not settled in the first step, the aggrieved employee, within five
45 working days, shall forward the written grievance to the division director. The division director
46 shall meet with the aggrieved employee, who may be accompanied by a Union steward and the
47 Union chief steward. Within ten working days after the receipt of the grievance, unless such
48. time is mutually extended in writing and the grievance is not resolved, the grievance may then be
49 forwarded to Step 3.
Rev. 9/7/10 -17--
1
2 Step 3 : If the grievance is not settled in - Step 2, the Union has ten (10) working days from receipt
3 of the Step 2 answer to submit a. written appeal to the County Administrator or his designated
4 representative. Within ten (10) working days thereafter, a meeting shall be held between the
5 County Administrator (or designee), the Union Agent, the Shop Steward, and the grievant. The
6 County Administrator shall provide his written answer within ten (10) working days following
7 such meeting. The parties may be mutual written_ agreement extend the above timelines without
8 loss of rights under-this Article.
9
lo. Step 4 : In the event that the grievance is not sett led boarding Step 3, either party may submit the
11 grievance to binding arbitration within ten (10) working days (or to a time period otherwise
12 mutually .agreed to by the Union and County) of the written response of the resolution board. A
13 panel of seven (7) arbitrators will be requested from the Federal Mediation and Conciliation
14 Service. The parties shall alternately strike names from the list until an arbitrator is selected.
15 For the first arbitration following the implementation of - this Agreement, the County. shall strike
16 the first name. Thereafter, the Union shall be required to strike the first name in the next
17 arbitration case. For subsequent arbitrations, the parties shall continue to alternate. Both parties
18 shall have the right to reject one panel, and request another from which the arbitrators must be
19 chosen using the above - prescribed procedure. Hearings before the arbitrators shall be conducted
20 in accordance with the rules of the Federal Mediation and Conciliation Service. The Union and
21 the County shall each pay %Z of the Arbitrator's fees and expenses.
22
23 24.5 As promptly as possible after the arbitrator has been selected, the arbitrator shall conduct
24 a hearing between the parties'and consider the grievance. The decision of the arbitrator
25 will be served upon the Union and the County in writing. It shall be the obligation of the
26 arbitrator to issue his/her decision within 60 calendar days after the close of the hearing
27 to include receipt of post- hearing briefs.. Any party desiring a transcript of the hearing
28 shall bear the cost of such transcript unless the parties mutually agree to share the costa
29 Each party shall bear the expense, of its own witnesses and of its own representatives for
30 purposes of the arbitration hearing.
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32 24.6 The jurisdiction and authority of the arbitrator and his opinion and award shall be
33 confined. exclusively to the.interpretation and /or application of the express provision(s) of
34 this Agreement. He shall have no authority to add to, detract from, alter, modify, amend
35 or modify any provision of this Agreement; or to establish or alter any wage - rate or wage
36 structure. No liability shall, be assessed against the County for a date.prior to the date of
37 when the grievance is submitted in writing, or, in disciplinary cases, from the date of the
38 discipline or discharge.
39
40 The arbitrator shall not hear or decide more than one (1) grievance without the mutual
41 consent of the County and the Union. The written award of the arbitrator on the merits of
42 any grievance adjudicated within his jurisdiction and authority shall be final binding
43 on the aggrieved employee, the Union and the County, provided that - either party shall be
44 entitled to seek review of the arbitrator's decision as provided by law. With respect to
45 arbitration involving the layoff, discipline or discharge of employees, the arbitrator shall
46 have the authority to order the payment of back wages and benefits the employee would
47 otherwise have received but for his discipline or discharge (less compensation, including
48 unemployment compensation payments and other compensation earned elsewhere during
49 the period attributable to.the layoff, discipline or discharge in issue, and less any amounts
Rev. 9/7/10 -Is-
I caused by the grievant's failure to mitigate his or her damages.) The arbitrator shall have
2 no authority - award compensatory or punitive damages or attorney's fees.
3
4 24.7 The arbitrator may not issue declaratory opinions and shall be confined exclusively to the
5 question, which is presented, which question must be actual and existing.
6.
7 24.8 Nothing in this Agreement. shall prohibit the presence of a Union representative at any
8 steps of the grievance procedure.
9 24.9 No claimed violation of any federal statute, state or local law, rule or regulation shall be
10 subject to the grievance - arbitration procedure.
11
12 ARTICLE 25
13
14 - SEPARATIONS
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16 25.1 The effective date of separation shall be the last day on which the employee is present for
17 duty unless otherwise specified herein.
18
19 25.2 Resignation is defined as an action whereby an employee voluntarily leaves County
20 employment. An employee with no pending disciplinary action wishing to leave the
21 County in good- standing shall file with the County a written resignation, stating the
22 effective date and reasons for leaving. Such notice must be given at least two weeks
23 -prior to the date of separation. Employees who are absent from work for three
24 consecutive workdays without being excused or giving proper notice of their absence will
25 be considered as having voluntarily quit.
26
27 25.3 Retirement is defined as a voluntary or involuntary procedure whereby an employee
28 separates from County employment for reasons of length of service or disability. The
29 Florida Retirement System shall govern all retirement regulations and benefits. Neither
30 the employee nor the Union may use the grievance- arbitration procedures outlined in
31 Article 24 to address complaints concerning the Florida Retirement System.
32
33 25.4 Termination of employment shall be effective as of the date of death. All County
34 compensation-and -County benefits due to the employee as of the effective date of death
35 shall be paid to the beneficiary, surviving spouse, or the estate of the employee, as
36 determined by law or by executed forms in the employee's personnel file.
37
38 .25.5 If a layoff does occur all temporary employees and newly hired probationary employees
39 within affected divisions will be terminated first. The only exception would be if the
40 temporary . or newly hired probationary employee has a particular skill required to
41 perform certain duties and no one else employed by the County is qualified. Permanent
42 employees are to be laid . off based on-the ir length of continuous service, provided that the
43 employees who are retained have the demonstrated ability and fitness to perform the
44 available work. Laid -off permanent employees shall be .placed in open positions for
45 which they are qualified.
46
47 25.6 If an employee is laid off, the employee will be compensated for his sick and vacation as
48 if he were voluntarily quitting. Employees eligible for sick leave payment per Article
Rev. 9n110 _19-
1 28.4 shall have the option of leaving the sick leave on account for up to one year. A laid -
2 off . employee shall be eligible for conversion of employee health care benefits at the
3 employee's expense. Laid -off employees remain eligible for recall into positions
4 previously held with the County or for which they are qualified for a period of two years
5 from the layoff date, except this provision shall not apply if the employee accepts
6 another position within the County within this time period. Any employee so recalled
7 shall be subject to passing a - typical pre-;employment screening. No continuous service
8 benefits of any kind shall .accrue during the layoff period. The County will notify said
9 laid off employee in writing via email of positions for which he /she may be qualified,
10 with a copy to Union, for a period of two years following the layoff date
it
12 25.7 A discharge is the involuntary separation of an employee from County employment.
13 Employees discharged. for disciplinary reasons shall not generally be .eligible for re-
14 employment and shall lose all seniority and reinstatement privileges. The County will
15 notify the Union steward upon the discharge of an employee in the bargaining unit but
16 failure to give such notice shall not affect the validity of the discharge.
17
i8 25.8 The final pay for terminated employees will be prepared for distribution on the next
19 normally scheduled pay date following the termination date. It can be mailed to the last
20 address designated by -the employee. Final pay will be paid on a normally scheduled pay
21 period.
22
23 25.9 At the time of separation and prior to receiving final monies due, all records, books,
24 assets,. uniforms, keys, tools, and other items of County property in the employee's
25 custody shall be returned to the department.
26
27 25.10 Any outstanding debts incurred by an employee, which are due the County, shall be
28 deducted from the employee's final paycheck and /or termination leave pay.
29
30_ ARTICLE 26
31
32 INSURANCE
33
34 26.1 Bargaining unit employees will be eligible for coverage under the County's insurance
35 plans for all other similarly- situated personnel. The County reserves the right to change
36 insurance carriers or benefits or both, and the Union hereby expressly waives any right to
37 bargain over such a decision; provided, however, that the County will bargain with the
38 Union over the effects of any change in insurance carriers or benefits, if the Union
39 requests that such bargaining occurs:
40
41 ARTICLE 27
42
43 LEAVES OF ABSENCE
44
45 27.1 Jury Duty and Court Leave.
46
47 A. A full -time employee who is summoned to jury duty by a city, the County (Monroe),
48 the State of Florida, or the Federal Government or subpoenaed to appear in court as a
49 witness in a criminal or civil action arising from his or her county employment shall be
Rev.-9 /7 /10 -20-
I granted time off with pay for the time actually spent on jury duty or in the court
2 appearance. Fees paid by the court will be retained by the employee unless otherwise
3 determined by the County Administrator. As conditions precedent to receiving time off
4 with pay for jury duty or court appearance of the aforesaid nature, the employee must:
5 ..
6 (a.) Notify his /her Department Head of the summons or subpoena
7 immediately upon receipt produce the summons or subpoena to his/her
8 Department Head upon request, and provide the Department Head with an
9 estimate of the duration of the absence;
10
11 (b.) Report to the Department Head immediately upon the conclusion. or
12 continuance of such jury duty or court appearance;
13
14 (c.) Report status of jury duty to supervisor or designee on a daily basis.
15
16 B. Any employee on jury duty as specified above, and who is released or excused from
17 jury duty during normal waking hours, will immediately contact his or her supervisor in
18 order to determine whether the employee will be required to report back to work.
19 Employees who work a 24 hour shift, will contact their Department Head (or designee)
20 when released from jury duty. If the Department Head (or designee) determines that the
21 employee could not effectively complete his or her work shift, the employee may be
22 granted time off with pay for the remainder of the shift.
23
24 C. The County, in its discretion, may reschedule the working hours and days of work of
25 an employee employed on other than a full -time basis who is summoned to jury duty or
26 subpoenaed to appear in court as a witness by a city, the County (Monroe), the State of
27 Florida, or the Federal Government in a criminal or civil action arising from his or her
28 county employment. If, in the County's judgment, it is not feasible or practical to
29 schedule the employee's hours of work around such, the County shall grant the employee
30 time off with pay for the time actually _spent. on jury duty or in the court appearance. As
31 conditions precedent to receiving time off with pay for jury duty or court appearance of
32 the, aforesaid nature, the employee must abide by the . provisions contained above in
33 Article 27. 1, (a), (b) and (c).
34
35 D. If any employee is subpoenaed -as -a witness other than in the specific circumstances
36 described above, the County will grant the employee leave .without pay to the extent that
37 the Department Head so approves.
38
39 E. Notwithstanding any of the provisions of Article 27.1 -A above,. no employee shall
40 receive pay from the County where the employee is a plaintiff, claimant, or witness
41 against the County in a matter contrary to the County's interests.
42
43 F. Any employee subpoenaed. or otherwise requested to be a participant in any legal
44 matter related to County business must inform the County Attorney's office as soon as
45 possible after receiving said notification.
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27.2 Military Leave
An employee may request military leave to serve on active duty in an emergency or
required annual duty, and shall be compensated in accordance with state law, and federal
law. Any claimed violation of this policy must be resolved exclusively through
administrative judicial procedures, and not through the grievance - arbitration procedures
set forth herein.
27.3 Family Medical Leave Act
The County's policy is contained at Section 8.05 of the County's Personnel Policies and
Procedures. FMLA is governed by applicable federal law. Any claimed violation of this
policy must be resolved exclusively through administrative judicial procedures, and not
through the grievance- arbitration procedures set forth herein.
27.4 Bereavement Leave
All employees covered under this policy shall be granted up to two working days off with
pay in order to attend a funeral of a member of the employee's immediate family. The
immediate family shall be construed to mean one of the following: Spouse, parent, son,
daughter, sister, brother, domestic, partner, legal guardian, grandparent or in -laws.
Additional time off (over and above the two working days herein provided) may be
approved by the Department Head, and charged to sick or annual leave. Additionally, the
County may require proof of death of a family member before making payment for leave.
ARTICLE 28
PAID SICK LEAVE
28.1 SICK LEAVE
A. ELIGIBILITY
All salaried employees with regular status working 20 hours or more per week
shall have the privilege of accruing sick, leave in accordance with-these-policies.
Employees shall not be eligible to use sick leave until they have been.in the
County service for 90 days, unless recommended by the Department Head and
approved by the Division Director. Verification of illness by a physician may be
required.
B. ACCRUAL OF SICK LEAVE
All regular, full -time employees will accrue 4 hours sick leave per pay period.
There will be no limit of the amount of sick leave that can be accrued.
Sick leave for employees working less than 40 hours per week, but at least twenty
(20) hours per week will be prorated according to the hours worked.
Rev. 9/7/10
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2 When there has been a break in service of 48 hours or more, the employee upon
3 reinstatement or re- employment will begin accruing sick leave as a new
4 employee. Employees who are on leave without pay for more than 8 hours during
5 a pay period will not accrue sick leave for that pay period.
6
7 C. USE OF SICK LEAVE
8
9 1. Sick leave shall be used only with the approval of the applicable Department
10 Head, Division Director or County Administrator and shall not be authorized prior
11 to the time it is earned and credited to the employee except in cases of
12 prearranged medical appointments, surgery or other health- related matters.
13
14 2. Sick leave shall be authorized only in the event of:
15
16 (a.) The employee's personal illness, injury or exposure to a contagious
17 disease which would endanger others.
18
19 (b.) Illness or injury of a member of the immediate family. (see definition
20 of immediate family.)
21
22 (c.) The employee's personal appointments with a practitioner when it is
23 not possible to arrange such appointments for off -duty hours, but not to
24 exceed the extent of time required to complete such appointments.
25
26 (d.) Prearranged surgery or other health - related matters.
27
28 D. Monroe County has established a Sick Leave Pool for eligible full- time
29 designed to aid the employee suffering from an extended illness or injury (See
30 Administrative Instruction 4702 for rules and enrollment procedures).
31
Rev. 9/7/10 -23-
1 28.2 MEDICAL JUSTIFICATION
2
3 A. Sick leave is a privilege, and not dbenefit. In fact, use of sick time actually causes a
4 hardship on the County. The County must, therefore, ensure that employees utilizing sick
5 leave are complying with The Monroe County Personnel Policies and Procedures.
6
7 Employees must meet the following conditions in order to be granted sick leave with pay:
8 _
9 (1) Notify his/her immediate Supervisor as soon as the employee learns that
10 he /she will be unable to report to work in accordance with individual department
11 policy. The employee.shall call in to his/her immediate Supervisor at least one
12 .(1) time on each consecutive shift thereafter, that the employee will miss work
13 because of sick leave.
14
15 (2) File a written report (after returning to work). explaining the nature of the
16 illness when required, by her Supervisor or Department Head.
18 (3) Permit medical .examination, nursing visit or any County inquiry (telephone
19 call, visit to the employee's house, etc.) deemed appropriate by the County to
20 document the illness of the employee or family member.
22 The Department Head is responsible for following up on- sick leave use and for ensuring
23 that there is no sick leave abuse. The Department Head may require - any employee to
24 bring in a note from his or her personal physician for.absences of three (3) consecutive
25 working days or more. However, if a Department Head reasonably suspects that an
26 employee is abusing sick leave, said Department Head may require that any use of sick
27 leave by the employee for herself or family member be justified by a note from a
28 physician. Further, in the event that a Department Head is unsatisfied with the initial
29 doctor's note, he may require the employee or family member to be examined by a
30 County - designated physician at the County's expense.
31
32 B. If it is determined that the employee is unfit to continue working, the Department
33 Head may require the employee to use any part of his accrued sick leave, compensatory
34 time or annual leave and may thereafter require the employee to take such leave without
35 pay as is medically determined sufficient to. restore him to normal health, however, this
36 will in no way prevent the County from separating him from _employment if the absence
37 would be of such duration as to pose a hardship on the operations of the Department.
38
39 C. The Department Head may require, at any time, an' employee to present medical
40 evidence that he is physically or mentally fit to work and /or the Department Head may
41 require an employee to be examined by a County- designated physician or psychiatrist, at
42 the County's expense.
43
44 D. If the employee's illness is covered by FMLA, the County's FMLA policy.will
45 govern entitlement to leave and the terms and conditions of that leave.
46
47
Rev. 9/7/10 -24-
1 28.3 NOTIFICATION OF ABSENCE
2
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
5 having voluntarily resigned without notice. The Supervisor is to notify the Department
6 Head. Any unauthorized absence may be cause for disciplinary action, up to and
7 including 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
48
Rev. 9/7/10 -25-
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In addition to the above - designated holidays, the Board of Commissioners, in its sole
discretion, may grant other special holidays during the course of a year to some, or all,
County employees.
29.2 ELIGIBILITY
All salaried employees on the active payroll on the date of the holiday shall be eligible
for holiday pay-at their regular rate of pay. Employees must be working or on approved
leave with pay the entire day before and the day after a holiday to be compensated for
said holiday.
29.3 WORK DURING HOLIDAYS
Each employee shall observe all holidays designated in this Section, provided that the
work load of the department is, in the discretion of the County Administrator, such that
the employee's work load .cannot be discontinued without causing a hardship to the
County.
In the event that the work load in any department does not permit the observance of any
designated holiday, all employees required to work on said designated_ holiday, or if
holiday falls on employees designated day off, may be granted another day's leave in lieu
of the holiday or paid for the work performed on the - holiday. If employee wishes to
substitute a holiday, it will be scheduled in the manner as annual leave.
29.4 HOLIDAYS FALLING ON WEEKENDS
Unless otherwise specified by the Board of County Commissioners - when a holiday falls
on a Saturday, the preceding Friday shall be observed as a holiday - when a holiday falls
on a Sunday, the following Monday shall be observed as a holiday.
Some County facilities are. open on Saturdays and Sundays. When a holiday falls on a
Saturday or Sunday, those facilities will observe the holiday on the actual holiday in lieu
of the normally scheduled County Holiday.
29.5 HOLIDAY DURING PAID LEAVE
Employees on annual or sick leave during periods when designated holidays occur shall
not have the day of the holiday charged against their accrued leave.
29.6 OBSERVANCE OF RELIGIOUS HOLIDAYS
Employees who choose to observe other "holidays" for religious or other reasons do
so by utilizing annual leave pursuant to Article 30.
29.7 ADDITIONAL DAYS OFF WITH PAY
Members of the bargaining unit may receive additional days off with pay (not holidays) if
approved by the Board of County Commissioners, subject to rules set forth by the County
Administrator. All such days off, if granted, must be taken in increments of whole days.
Rev. 9/7/10
-26-
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ARTICLE 30
ANNUAL LEAVE
A. ELIGIBILITY
All salaried employees with regular status working 20 hours or more per week
shall earn and accrue annual leave with pay.
B. ACCRUAL
For current employees and employees hired on or prior to September 30, 1999,
Annual leave for regular, employees shall be earned in accordance with the
following table:
Years of Continuous Hours of Leave Earned Hours of Leave Earned
Service During Each Calendar
During Each-Calendar
Month
------------------- -------------------------------------------------------------------------
Month
40 HPW
37 '/Z HPW
1 through 3 years 4 hours per bi- weekly
3.75 hours per bi- weekly
pay period
pay period
(13 working days per year)
(13 working days per year)
4 through 10 years 5 hours per bi- weekly
4.75 hours per bi- weekly
pay period
pay period
(16 1/4 working days per
(16.5 working days per year)
year)
I 1 through 15 years 6 hours per bi- weekly
5.75 hours per bi- weekly
pay, period
pay period
(19 1/2 working days per
(.19.9 working days per year)
year)
16 through termination of employment
7 hours per bi- weekly
pay period
(22 3/4 working days per
year)
6.75 hours per bi weekly
pay period
(23.4 working days per year)
Monroe County currently has a bi- weekly pay period system commencing at
12:00 a.m. Sunday, ending two Saturdays later at 11:59 p.m. There are 26 pay
periods per year.
Rev. 9/7110 -27-
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For employees who are hired on October 1, 1999, or after Annual leave for
regular, full -time employees with a work week of 40 hours per week shall be
earned in accordance with the following table:
Years of Continuous Hours of Leave Earned
Service During Each Calendar
Month
-- ----- ------ - - - --- ---------------------
1 through 5 years 4 hours per bi- weekly
pay period
(13 working days per year)
6 through 15 years 5 hours per bi- weekly
pay period
(16 1/4 working days per
year)
16 through termination of employment
6 hours per bi- weekly
pay period
(19 1/2 working days per
year)
Monroe County currently has a bi- weekly pay period system commencing at
12:00 a.m. Sunday, ending two Saturdays later at 11:59 p.m. There are 26 pay
periods per year.
Annual leave for employees working less than 40 hours per week, but more than
20 hours, per week will be prorated according to the hours worked. When there
has been a break in employment of .48 hours or more, the employee, upon
reinstatement or re- employment, will begin earning annual leave as a new
employee.
Employees who are on leave without pay status for more than 8 hours during a
pay period w. ill not accrue annual leave for that pay period.
C.
1. Annual leave may be used on a payday-tom-payday basis as it is earned
according to scheduling requirements and may be accumulated up to 40 working
days. Any time earned in excess of this amount will be handled in accordance
with the Monroe County Personnel Policies and Procedures.
2. All annual leave must be approved in advance by the applicable Department
Head, Division Director and /or the County Administrator depending on the
position held by the - requesting employee. The employee shall fill out his Leave
Request Form and submit it to the Department Head, who has the right to deny an
employee's request for annual leave, if granting such leave at that time would be
detrimental to County operations. Upon such denial, the employee may request
the leave at another time.
Rev. 9/7110
-28-
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The Department Head is responsible for verifying that the employee does have
sufficient accrued leave to cover the period of absence, and should return the
leave request to the employee indicating approval or denial, within seven (7) days
of receipt of the request, unless a valid reason is given to the employee for the
delay.
D. ANNUAL LEAVE PAY UPON SEPARATION
Payment of annual leave shall be based on the employee's regular rate of pay and
terms of separation.
E. RESTRICTIONS
Annual leave may be used for any purpose; however, it is a privilege incident to
County service and is not a right, and may only be used by the employee if taken
prior to termination for cause or in accordance with these policies, with the
following restrictions:
1. Annual leave may not be taken until accrued in accordance with these
rules.
2. Employees will not accrue annual leave during a leave of absence
without pay, a suspension or when the employee is otherwise in a non -
paid status.
3. Article 25.2 - Resignations.
4. Employees who leave the County service without proper notice or who
are terminated for just cause.may be denied payment of accrued annual
leave.
5. An employee who leaves the County and wishes to receive payment for
annual leave must sign a waiver and general release of any and all claims
against the County-and its official, managers, supervisors, employees and
insurers to receive payment of annual leave.
ARTICLE 31
UNIFORMS, TO AND EQUIPMENT
31.1 For employees required to wear a uniform, the County will furnish two sets of shirts and
pants for each day the employee is regularly scheduled to work in a workweek, plus one
additional uniform, i.e., five -day employees will have 11 sets and four -day employees
will have 9 sets, and all on -call employees shall receive an additional 2 sets, not to exceed
15 sets. Bargaining unit employees shall be given their choice of long or short pants,
except for those positions for which the County makes the determination that long pants
are required. The determination to require long pants will not be arbitrarily made. Such
Rev. 9/7/10
-29=
I uniforms are not to be worn except while employees are on the job and while traveling to
2 and from the job.
3
4 31.2 Tools and equipment that are normally supplied by the County will be used properly and
5 carefully by employees who require them in their work. It is the responsibility of the
6 employee to use and secure such tools and equipment in such a manner as to minimize
7 the potential -for loss or theft.
8
9 31.3 Tools and equipment provided by the County will be replaced by the County if they are
10 stolen or broken during normal use and provided proper care and prescribed security
11 measures have been followed and loss or breakage is not due to the employee's
12 negligence or abuse. Loss or breakage due to employee's negligence or abuse subject to
13 discipline
14
15 ARTICLE 32
16
17 REMUNERATION
1s
19 32.1 All current bargaining unit employees covered by this Agreement will receive 0% cost -of
20 living - allowance and no merit increases during the term of this Agreement.
21
22 32.2 Monroe County has established a program to recognize County employees -who -havebeen
23 in the County Service for Five, Ten, Fifteen, Twenty, Twenty -five and Thirty years.
24 Grant and part-time employees will be eligible for the years -of- service program.
25
26 At the employee's anniversary date, or as soon thereafter as is feasible, the
27 Department must cause a letter to be placed.in the employee's personnel file noting
28 the years of service and must deliver the following, in a lump sum payment, to the
29 employee:
30 a — For 5 years of service, a decorative pin and a $100.00 award;
31 b — For] years of service, a decorative pin and a $175.00 award and recognition
32 at the BOCC meeting;
33 c — For 15 years of service, a decorative pin and a $200.00 award and recognition
34 at the BOCC meeting;
35 d 2O of service, a decorative pin and a $350.00 award and recognition
36 at the BOCC meeting;
37 a -- For 25 years of service, a decorative pin and a $500.00 award and recognition
38 at the BOCC meeting;
39 e — For M years of service, a decorative pin and a $1,000.00 award and
40 at the BOCC meeting;
41
42 32.3 If, during the term of this agreement, the County non -union employees receive across -
43 the -board cost of living allowances and /or merit increases, then all eligible employees
44 within this bargaining unit covered by this collective bargaining agreement will
45 immediately receive the same increase without the need for further bargaining.
46
Rev. 9/7/10 -30-
1 ARTICLE 33
2
3 ENTIRE AGREEMENT
4
5 33.1 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 or
7 matter not removed by law from , the area of collective bargaining. They, therefore, each
8 voluntarily and unqualifiedly waive the right for the term of this Agreement to bargain
9 collectively with respect to any matter referred to or covered in this Agreement, or with respect
to to any subject or matter not specifically referred to or covered by this Agreement.
11 33.2 This Agreement represents the entire agreement between the parties and no other
12 Agreements or practices are binding upon either party hereto with respect to wages, hours or
13 working conditions of the employees covered hereby. The County shall not be obligated to
14 continue any benefits or employee practices which it has given or engaged in prior to the
15 execution of this Agreement unless such benefits or practices are specifically set forth in this
16 Agreement, and past practices of the employer will not be considered in interpreting this
17 Agreement.
18 33.3 The parties also agree that the County may unilaterally make changes in the terms and
19 conditions not covered in this Agreement without having to bargain over any such decision or its
20- effects. This Agreement expressly permits the County's right to make such changes.
21 ARTICLE 34
22
23 PRINT -ING AGREEMENT
24
25 34.1 This Agreement shall be printed within a reasonable time by the County. The County
26 shall provide three originals of the contract to the Union.
27
28 ARTICLE 35
29
30 SAVINGS CLAUSE
31
..32 If any article, section, or provision of this Agreement should be found invalid, illegal or
33 not, enforceable by reason of any existing or subsequently enacted legislation _or by
34 judicial authority, all other articles and sections of this Agreement shall remain in full -
35 force and effect for the duration of this Agreement. If such action occurs, the County and
36 the Union shall meet within thirty days for .the purpose of negotiating a mutually
37 satisfactory replacement for such provision.
38
39
Rev. 9/7/10 -31-
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ARTICLE 36
DURATION OF CONTRACT
36.1 After ratification by the parties, this Agreement shall be effective as of October. 1, 2010,
and shall remain. in full force and effect until midnight, September 30, 2013:
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
By ¢�
Chairtgan
Date: OCT 1 2 2010
Attest:
By:
k,-County Administ or
TEAMSTERS LOCAL NO.769
By
Oesident
Date:
By: v
Business Representative
Date: /t7- '9V - 20 /0
35
OCT -1 2 2M
MO E COUNTY ATTORNEY
A D ASIO R
YNTHIA L. HALL
ASS N COUNTY ATT�O
Date
Rev. 9/7/10
-32-
pn
O
"
A
rrn
- -
c
o
rr.
CA
ZJ
ry
v
Rev. 9/7/10
-32-
1
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
D
1 AIRPORTS
STOP #5
2 KEY WEST
3 3491 SOUTH ROOSEVELT BLV.
4- KEY WEST, FL 33040
5
5 COURTHOUSE
7 MM 0
STOP #8
B 500 WHITEHEAD STREET
9 KEY WEST, FL 33040
D
1 ROADS &,BRIDGES TRAILER
STOP #4
2 (by Airport)
3 KEY WEST
4 3583 SOUTH ROOSEVELT BLV.
5 KEY WEST, FL 33040
5
7 FACILITIES MAINTENANCE
3 (by Airport)
STOP #4
KEY WEST
3583 SOUTH ROOSEVELT BLV.
I KEY WEST, FL 33040
Z
3 TRANSFER STATION
STOP #10
4 CUDJOE MM 21 112
5 BLIMP ROAD
5 CUDJOE KEY, FL. 33042
7
3 PUBLIC WORKS
STOP #16
MARATHON MM 49
10600 AVIATIONBLV.
I MARATHON FL: 33050
Z
3 PUBLIC WORKS -
STOP #19
1 PLANTATION KEY MM 88112
5 88770 OVERSEAS - HWY.
5 TAVERNIER FL. 33070
7
3 TRANSFER STATION
STOP #24
KEY LARGO MM 107
11180 COUNTY ROAD 905
I N. KEY LARGO, FL 33037
3 AIRPORT
STOP #15
1 MARATHON MM 49
5 9400 OVERSEAS HWY
5 MARATHON, FL 33050
7
3
TRANSFER STATION
STOP #17
LONG KEY MM68
I LONG KEY, FL 33001
3 CARD SOUND TOLL FACILITY
STOP #25
4 58070 CARD SOUND ROAD MM107
i KEY LARGO, FL. 33037
5
7 MURRAY- NELSON CENTER
STOP #26
3 102050 OVERSEAS HWY MM 102
KEY LARGO, FL. 33037
Attachment "A"
Rev. 917/10 -33-
5 ,0� NN Attactutent B
�v %
4
GRIEVANCE FORM
•
TEAMSTERS LOCAL UNION 769
8000 S. Orange Ave #107 12365 W. Dixie Hwy.
Orlando, FL 32932 862 20 Place
Miami, FL 33161 Vero Beach, FL 32960
Grievant's Name
Job Title
Complete Address
(Include Zip Code)
Shift Work Phone
Home Phone
Employer
Employer Manager
1 Grievants Statement of Grievance; Describe in detail the action giving -rise to the complaint.
Specify names, dates, classification; place and site of violation, time,etc.
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 769 to act for me In the disposition and settling of this grievance.
Date Grievant's Signature
Date Steward Signature
—34—
DECISION & APPEAL OF GRIEVANCE
Decision of Manager
Date of Decision Employer's Signature.
Signature of Union Steward Title
Grievance Settled: YES: Date
—'�
NO:
Case Appealed to:
Case Appealed b Date
y:
Date
Decision of Appeal:
Signature of Deciding Employer Officer.
Signature Union Representative:
Grievance Settled:
Case filed for Arbitration
YES:
YES:
By:
Date
Date
NO:
NO
Title:
—35—
1
2
3
STATE OF FLORIDA
PUBLIC EMPLOYEES RELATIONS COMMISSION
r....
TEAMSTERS LOCAL UNION NO. 769
AFFILIATED WITH TEE. INTERNATIONAL:
HROTSEREOOD OF TEAMSTERS,
CHAUFFEURS, va"HOUSEMEN AND
HELPERS OF AMERICA,
Petitioner, _
V.
AONROE COUNTY HOARD OF COUNTY
COMISSIONERS,
s
Respondent.
Case Nos. RC -93 -063
RC -93' -064
RC -93 -065
pEg O�+ ELECTin�
Q E]CCLUB .....
Zj_(3AININQ tt e_ `_ A ��
Stanton R. Orr, Miami, attorney for Petition.r.
ad ba D. Gronda and Donna M. DiChi
respondent, ara, Miami, attorney. for
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, an control officer,
animal tender, bridge tender, bridge
tender lead worker, building maintenance
technician, carpeuter; carpenter gore -
= communications assistant, communi_
catt ions technician, crew chief, Gusto-
dian, custodian foreman, dispatcher,
electrical /electronic technician, elec-
trical maintenance technician, electri-
cian, electrician foreman, EMS support
services �ager, EMT /Driver, equi
operator* ridges,e 4aiPment operator roa lunent
do and
heavy a g operator /mainten ance
ance,
quiPment operator" mainten
mechanic.- faeilitiee
tenaace me maintenance, mein -
toll Collector, - roads, maintenance/ -
tor, maintenance
facilities, maintenanc r I
e worker I worker
roada, maintenance worker Jr. =asoa,
master plumber, mechanic I _ fleet
4
5
Rev. 9/7/10
-36-
Attachment C
' -93 -063
RC _9.3_ . 064
R C -9 3 -065 `
�+ semiene, mechanic III - fleet •` ti ;s
'man • me c agem en ;rO �+ead:i =;'c.
mechanic T, Pin O
,
Pa#`ri� and bode ,p ,
pak at endan Dlume Pah t4 ..
. striper, ideal park atteadPln�er Eoi�!et: utcti��.
air . secusr. security guardoa S.Ogih ,
for li Y, securd securi - correctipy� -
9aarayL�_ c ! -! sd
cent r s h'icee sea l fleet to aAe�Y
aptain /ai
rPoo .rescue, • sh3 Et
Chief, toll collecto tr
r afa c al
t ruck driv ortation
tyanap drive:. -
k driv and
will
CST All tempo 19hmaeter. ".., %rwY
- C�loyeea�othe 0r0, and all other
unty Commissioners. County Board of
The election results are as follows;
1. Approximate
2. Void ballotsn�e� of eligible voters —199 . Votes east for Petitioner
3. S. Votes ca ioagainst parties ati '
5. valid rgann at p! n g
6• Cball counted
7. enged ballots --�_
Valid votes counted plus challe
8 • Chailen Z
resultsgOf the pot Sufficient to g ged ballots
election, affect the
The Comm{ss$oa IFIEB the
ducted 3l4R
arch 22, 199, results
majority of the valid voPeaitioner (Og_ Of the electron sob -
Plu� challenged received
Pursuant to sects +aged ballot,.
¢.X !,elan CE&TSF ° n 447 30
.7(3
r t tiz; ttf VI!- for the netitionez { aa • Florida statutes
Certification aumbe is the excluai •.th0
is iasge� ( e eOribed ab.'o. king
of appeal order Pe
PPeal. A noY be appeal to bitioa0r.
and the dietrinsv;ge of aPPeal must be apAropri di
of this order. court o! aPReal Se54Avgd ulvt court
8xcept in,casas of i d�Set�cyt 6he cQU4�Leaioen
thQ date
Rev. 9/7/10
-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.--,Jo provided in - Sections 120.68 and 447.504, Florida
Statutes, and.,the Florida Rules of -Appellate-Procedure.
,.� 1:..r.
Alternativeiy, a motion for reconsideration may be filed.
The motioa,yapi 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 fte, _4nd shall not reargue 'the merits of the
order. ItoS,,�fatrther expjTphtion, refer to Florida Administrative
Code Rule 3,'WrI5.005.
It 38 so ordered.
HORNE, Chairman, SLOAN and ANTHONY, Commissioners, concur.
I HEREBY CERTIFY that this 4ocument was filed and a.copy
served on each party on 1994.
BY:
erk
r