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Item P5BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date:_ July 19, 2006 Bulk Item: Yes x No Division: County Administrator Department: County Administrator Staff Contact Person: Tom Willi AGENDA ITEM WORDING: Approval of Contract between Monroe County and Teamsters Local Union No. 796 covering designated blue collar employees. ITEM BACKGROUND: On March 22, 1994, the Public Employees Relations Commission certified the Teamsters Local Union No. 769 as the exclusive bargaining representative for the designated blue collar employees. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: First contract STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes X No COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH_ Year APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _ DIVISION DIRECTOR APPROVAL: Jllamaa I vim (Thomas J. Willi) DOCUMENTATION: Included X Not Required DISPOSITION• AGENDA ITEM # PS Revised 2/05 CONTRACT BETWEEN MONROE COUNTY AND .VM LOCAL UNION NO.70 1- . P5 Article 1 Recognition PM No. 1 Article 2 Intent and Purpose 1 Article 3 General 1 Article 4 Non -Discrimination 1 Article 5 Correspondence 2 Article 6 Bulletin Boards 2 Article 7 Management Rights 3 Article 8 Subcontracting 4 Article 9 Availability 5 Article 10 Safety 5 Article 11 Union Representation & Access 6 Article 12 Payroll Deduction of Union Initiation Few and Union Dues 7 Article 1.3 No Strike - No Lockout 8 Article 114 OuW& Employrawt 8 Article 15 Attendance and Punctuality 9 Article 116 Hours of Work 10 Article 117 Overtime l0 Article 18 On-Call/Standby l l Article 119 Call Back 11 Article 20 Temporary Assignments I I M1:7048w1 Article 21 Probationary Period Pees No. 12 Article 22 Promotions 12 Article 23 Discipline 13 Article 24 Grievance and Arbitration 14-17 Article 25 Separations 17 Article 26 Itusaanee IS Article 27 Leaves of Absence 19 Article 28 Paid Sick Leave 21 Article 29 Holidays 24 Article 30 Annual Leave 25 Article 31 Uniforms, Tools and Equipment 28 Article 32 Remuneration 28 Article 33 Entire Agreement 28 Article 34 Printing Agreement 29 Article 35 Savings Clause 29 Article 36 Duration of Contract 30 ntt:7aew I ARTICLE 1 2 3 4 5 Monroe County (the "County") recognizes Teamster Local Union # 769, affiliated with 6 the international Brotherhood of Teamsters, (the 'Union") a the exclusive bargaining 7 agent for the employees in the unit designated by the Florida Public Employes Relations 8 Commission (PERC) in the PSRC Certification dated April 7, 1995, a copy of which is 9 attached. 10 11 ARTICLE 2 12 13 INTENT AND PURPOSE 14 Is 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 is 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. 29 29 3.2 Unless otherwise stated in this Agreement, references to "days" shall mesa 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 adm..atreter in the employes' department or division who requires Board of County 34 Commissioner confirmation of the County Administrator's appointment. 35 36 3.4 Whenever the terms "Co" Administrator", "Division Director" or "Department Head" 37 are used, the terms shall be interpreted to include their duly authorized representatives. 39 39 ARTICLE 4 40 41 NONDI89MAO YATION 42 43 Neither the County nor the Union shall discriminate against any employee as it relates to 44 race, color, religion, gender, age, national origin, veteran state, marital :fats, familial 45 status, sexual oriaMition/preference, disability/handicap, or membership in Union or lack 46 of membership in a Union or because of any ram prohibited by law. Any claim of 47 discrimination or retaliation based on the foregoing shall be processed exclusively -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 39 39 40 41 42 43 44 45 46 47 through the appropriate administrative agency (e g., Equal Employment Opportunity Commission, Florida Commission on Human Relations, Public Employees Relations Commission, etc.) and shall not be subject to the grievance -arbitration procedures of this Agreement. 5.1 Unless otherwise provided in this Agreement all correspondence fimn 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 data 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 and 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 we as follows: COUNTY Monroe County County Administrator 1.100 Simonton Street Key West' Florida 33040 (305) 292.4441 UNION Teametm Local Union #769 8350 N.W.7° Avenue Miami Florida 33150 (305)691-8440 5.3 Each party shall copy the other on any and all correspondence pertaining to the contract sent to or received from PERC. ARTICLE 6 D1Mjjn71N BOARDS 6.1 'The County will Nmnish space for the Union to place one bulletin board at each location where bargaining unit employees regularly report to work and wham 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 bargaining unit 6.2 'The County Administrator must 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 shell 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 stall not be used to communicate with the general public, to distribute political matter, or for M1:7Wv4 -2- I 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 5 6.4 The Union stewards shall chock all bulletin boards at reasonable intervals to ensure that 6 no unauthorized materials have bees 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 II 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 RII 1S 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 fitcilities 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 amagema t decisions; the right 32 to determine the size and composition of its work fmx=; to determine the existence of a 33 job vacancy, to temporarily fill vacancies; to hire new employees fitem the outside at any 34 level; to select, reinstate, retire. promote, demote, evaluste, transfer, suspend, assign, 35 direct, layoff 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 39 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 ate to be made and kept, including these records 41 relating to hours of wok 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 sssignmeat of wok; to contract out or subcontract work; to schedule the 44 hours and days to be worked on each job and to make time stadia of work loads, job 45 assignments, methods of operation and cfficiancy 5om time to time ancl to make changes 46 based on said studies; to expand, reduce, alter, combine, transfer, assigm, ceaw create, or 47 restructure any department or operation for business purposes; to control, regulate, and MI:704W -3- I 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 pmctioes 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. 9 7.2 The County's failure to exercise any function or right hereby reserved to it, or, its to exercising any function or right in a particular way, shall not be deemed a waiver to its I I rights to exercise such function or right, nor precludes the County fioom 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 is 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 tams and omiditions 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 cataahophes or disordm% 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, Coreepomdetce, notice of such suspension will be given to the Union president 31 as soon w practicable after the determination has been made and by whatever moms is 32 appropriate in the circumstances. 33 34 35 36 37 38 8.1 39 40 41 42 43 44 45 46 47 For purpose of this Agreement meting shall mean work which is contracted out by the County to an agency, pin, company, or other provider which results in the direct displacement or hryoffofthen existing bargaining unit employees. 8.2 The County reserves the right to subcontract work. Should subcontracting occur which will result in bargaining unit employees being laid o$ the County agrees to notify the Union when the request to subcontract is put on the County Commission agenda. The Union reserves the right to appear before the County Commission and express its position to the County Commission for consideration at the time the Commisaon considers the subcontracting agenda item without being held to the time limit of 5 minutes for a M1:7N8v4 -4- I representative for an organization.. If employees ace laid off due to subcontracting, they 2 shall have the rights provided under Article 25, Separations. 3 I 6 AVAILABHJW 7 8 9.1 All County employees coveted by this Agreement are subject to call back and w 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 soma employees will be requited 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 daring 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 Comity will 21 pay employees who work durfng declared emergencies pursuant to Resolution No. 415- 22 2005 (July 1, 2005). 23 24 ARTICLE 10 25 26 AAEM 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 an the web for viewing. Each 30 depar unit 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 a mploy= 32 safety manual so long as such actions do not result in a conflict with the specific tarns 33 and conditions of this Appeemem. Changes to the employee safety policy mama) will be 34 conspicuously posted in all work areas. Except in the ease of any elike icy, such 35 changes will be posted at least five working days before the effective date of the change. 36 Failure to follow prescribed safety procedures may result in disciplinary action. 37 38 10.2 Protective devices, wearing apparel, and other equipment necessary to protect employees 39 from injury shall be provided by the County when the County requires such use. Such 40 items, when provided, nest be used, and the Union agrees that wtMW neglect or failure 41 by an empbyee to obey safety regulations and to use safety equipment shall be just cause 42 for disciplinary action. Protective devices, apparel, and equipment necessary are 43 determined by the Supervisor with the concurrence of the Safety Administrator and can 44 be defined as follows: 45 46 A. Gloves 47 B. Rubber boots MI:704av4 .5 - I C. Safety hard hats 2 E. Safety vests 3 F. Safety goggles 4 G. Uniforms 5 H. Protective suits 6 L Other safety related devices and/or apparel necessary to protect the employee 7 8 10.3 Any employee shall have the right to present safety concerns and recommended solutiota 9 in writing to the Safety Administrator. The Safety Administrator shall respond in writing 10 to the employee within 15 working days. 11 12 10.4 The County shall provide the safety policy on the webeite and provide to each department 13 a copy for their review. 14 15 10.5 Employees detennined by the Canty to be at risk shall be provided vaccinations for 16 Hepatitis "A " and Triple "I" (Typhoid, Tetanus dt Diphtheria). 17 18 AMUKU 19 20 UNION REPRESENTATION At ACCESS 21 22 11.1 The Union will not be required to represent in a grievance any employee who is not a 23 member of the Union 24 25 11.2 For the purpose of representing employees in accordance with the provisions of Article 26 24, "Grievance Procedue," the Union shall dmgmte and/or clad stewards. Each 27 steward will represent employees only in his/her department The Union may designate 28 one of the stewards to be the Chief Steward. 29 30 11.3 The business representative of the Union shall notify the Human Resources Director, in 31 writing, of the name of the stewards and the areas they are representing, at least three days 32 before they assume duty. If no such notice has been given, the County has no duty to 33 recognize the stewards. 34 35 11.4 The Union steward may represent the Union or Union members in matters appropriate for 36 grievance bandling as set forth in this Agreement. Stewards may spend time on Union 37 business during non -wooing time such as before or after a shhft, and during authorized 38 break and meal periods. In addition, when appropriate and in order to facilitate the 39 scheduling of meetings and resolution of grievances, the County AdminWrater, in his 40 sole discretion, or his designee may grant time off with pay to a steward to attend 41 grievance hearings or meetings. 42 43 11.5 Officer or agents of Teamsters Local Union tl769, except Canty employees on duty, 44 shall be allowed reasonable access to work sites and locations of the County with the 45 advance approval of appropriate County officials, provided that such access shall in no 46 way interfere with the efficient operation of any department or crew. 47 Mn:7048v4 .6 _ 1 11.6 The Union agrees that, during the tern of this Agreement, its non -employee 2 representatives and stewards shall deal only with the County Administrator, the County 3 Attorney, or the Human Resources Director, or their designees, about matters subject to 4 discussion in this Agreement. This does not prohibit a steward from addressing the con- s cams of individual employers with a supervisor or department head. 6 7 11.7 No Union member, agent or representative of the Union, or any peman acting on behalf 9 of the Union may solicit County employees during the Working time of any employee 9 who is involved in the solicitation, nor distribute literature daring working hours in areas 10 where the actual work of County employees is performed. 11 12 ARTICLE 12 13 14 PAYROLL DEDUCTION OF UNION DMUTION FEES AND UNION DUES 15 16 12.1 Upon receipt of a signed authorization in an acceptable farm from an employee, the 17 initiation fee and regular monthly dues of the Union shall be deducted from such to employee's pay. Such deduction shall be effective on the next angular dues deduction 19 period following the date it is received in the Haman Resources Departmea 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-treawrw 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 employees 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 autbodzation for dues deduction may be canceled after thirty days from the date 36 written employe notice of the cancellation is received by the Union. The Union 37 Secretary -Treasurer will notify the County in writing to case deductions. 38 39 12.5 The Union shall indemnify the County and any deportment of the County and hold it 40 harmless against any and all claims, demands, ennits, or other forms of liability or damage 41 that may arise out o& or by reason o4 any action taken by the County or any department 42 of the County for the purpose of complying with the provisions of this article. The 43 County will charge the Union a dues handling fee in the amount of $50 per year. 44 45 MI:704M . 7 - 1 12.6 An employee transferred to a classification not in the bargaining unit or whose 2 employment is terminated shall eesee In be subject to Union dues deduction beginning 3 with the month after the month in which such change in employee status occurs. 4 5 ARTICLE 13 6 7 NO STRIM - NO LOCKOUT 8 9 13.1 During the tens of this Agreement, neither the Union nor its agents nor any employee, for 10 any reason, will authorize, uudwte, aid, condone, or engage in a slowdown, work 1 I stoppage, strike, or any other interference with the work and statutory Assertions or other 12 obligations of the County. During the term of this Agreement neither the County nor its 13 agents for any reason shall authorize, institute, aid, or promote any lockout of employees 14 covered by this Agreement as a no* of a labor diapute with the Union, unless them is a 15 violation of the Union's no strike commitment. 16 17 13.2 The Union agrees to notify all local officers and representatives of their obligation and 18 respauibility for maintaining compliance with this whole,including their responsibility 19 to remain at work during any interruption which may be caused or initiated by othms, and 20 to encourage employees violating Article 13 to return to work. 21 22 13.3 The County may discharge or discipline any employee who violates Section 13.1 and any 23 employee who fails to cant' out his responsibilities under Section 13.1, and the Union 24 will not resort to the grievance procedure on such employee's behalf except to determine 25 if the prohibited action did in fact occur. 26 27 13.4 Nothing contained herein shall preclude the County from obtaining judicial restraint and 28 damages in the event of a violation of this witicle. 29 30 ABT CLE 14 31 32 OUTSIDE EMPLOYMENT 33 M 14.1 A. Full-time employees may engage in other employmem during their off4bty hats. 35 However, County employment must be considered the primary employment Employees 36 shall not. directly or indirectly, engage in any outside employment or financial interest 37 which may conflict, in the County's opinion, with the beet interests of the County or 3e interfere with the employee's ability to perform the assigned County job. Examples 39 include, but are not limited to, outside employment which: 40 1) Prevents the employee from being available for work beyond normal working hours, 41 such as emergencies or peak work periods, when such availability is a regular part of 42 the employee's job; 43 2) Is conducted during the employee's work hours: 44 3) Utilizes County telephones, compute, supplies, or any other resources, &&Mies, or 45 equipment: 46 4) May reasonably be perceived by members of the public as a conflict of interest or 47 otherwise discredits public service. MI:704W - 9 _ 1 2 B. Employees shall not be instructed or allowed to perform work for private individuals 3 or other governmental agencies as part of his/her County employment except in those 4 instances where such work is part of contract arrangements entered into by the Board of 5 County Commissioners with such private individuals or government agencies, or in those 6 cases where under prior Board of County Commission policy, the employee a to give 7 service in an emergency situation. 8 9 14.2 Employees who have accepted outside employment are not eligible for paid sick leave 10 when the leave is used to work on the outside job. Fraudulent on of sick or personal 11 absences will be cause for disciplinary action 12 13 ARTICLE 15 14 15 ATTENDANCE AND PUNCfUALUX 16 17 15.1 It is the policy of the County to require employees to report for work punctually as to scheduled and to work all scheduled hours mad any required overtime. Excessive 19 tardiness and excessive absmcn disrupt workflow and customer service sad will not be 20 tolerated. 21 22 15.2 Unauthorized or excessive absences or tardiness will result in disciplinary action, up to 23 and including termination. Absences in excess of thaw allowed by policy, tardiness or 24 leaving early without proper authorization are grounds for discipline. 25 26 15.3 Employees should notify their supervisor, as far in advance as possible whenever they are 27 unable to report for work, kncW they will be late, or seek permission to leave early. 28 Notification shall not be later thin 1 hour after start time of employee's normal shift start. 29 Such notification shall inchule a reason for the absence and an indication of when the 30 employee can be expected to report for work. If the supervisor or department head is 31 unavailable, the division head or the County Administrator should be contacted and given 32 the same information. 33 34 15.4 Employees who report for work without proper equipment or in improper attire may not 35 be permitted to work. Employees, who report for work in a condition deemed not fit for 36 work, whether for illness or any other reason, will not be allowed to work 37 38 15.5 Employees are expected to report to their supervisor after being late or absent, giving an 39 explanation of the cirou IM1111 a Surrounding their tardiness or absence, and certify that 40 they are fit to return to work. 41 42 15.6 Employees who are absent from work for three consecutive workdays without giving any 43 notice to the County will be considered as having "abandoned their position" and thereby 44 voluntarily quit. 45 MV04sW . 9. I ARTICLE 16 2 3 HOURS OF WORK 4 5 16.1 The workweek shall start at 12:01 am. Sunday and end at 12:00 midnight Saturday. The 6 County shall not indiscriminately change, regularly scheduled working houm and days off 7 of employees covered by this Agreement. Clangs shall be made by reason of 8 operational necessity and/or efficiency. Such changes require at least five working days 9 notice to the affected employees except in the case of valid public necessity, such as 10 equipment failure, unanticipated employee absents, and the lute. Employes' regular I I work schedules shall contain two consecutive days off 12 13 16.2 Employes classified as regular full time will receive a total of one unpaid hour for 14 meal/rest period per work shift, the time and sequence of which will be determined by the 15 Supervisor and approved by the Department Head. If it is necessary for the non-exempt 16 employee to work without a meellred period he/ahe will be otherwise compensated for 17 that time. All other employes will receive meal or neat periods in an amount and time 18 deemed appropriate by their Supervisor. Meal and rest periods shall be scheduled by the 19 Department Head eormistent with the effective operation of the department and may be 20 rescheduled whenever necessary. 21 22 ARTICLE 17 23 24 OVERTEKE 25 26 17.1 It is the policy of the County to work its employes within the regularly scheduled 27 workweek unless conditions warrant. 28 29 17.2 Management may schedule overtime beyond the standard horns when it is in the best 30 interest of the County and is the most practical and economical way of meeting workloads 31 or deadlines. 32 33 17.3 Employees may be required to work overtime when requested by management unless 34 excused by management. Employes may volunteer to work overtime and should 35 communicate that interest to their supervisors. Overtime will only be scheduled for those 36 employes finny qualified to perform the work required. In all work units, the Comity will 37 make reasonable efforts to equalize overtime among employes who are similarly 38 classified, except as addressed in Section 17.4 below. All other fatter being the sane, 39 seniority maybe used as a selection factor. 40 41 17.4 For overtime computation, only time actually worked shall be considered as time worked. 42 Absences Ham work will not be counted as time worked for overtime computation MI:70411W -to- 1 2 3 4 5 On -call duty assignments occur when a supervisor expressly orders that an employee 6 perform a certain function. Theca assignments are made when a supervisor mmdates that 7 an employee be available for work due to an urgent situation during off -duty time. Such 8 assignments will be given to the employees who normally perform the work during 9 normal hours of work. For employees on a standby status, one hoar of pay at time and 10 one-half will be paid for each regular workday. Two hours of pay at time and one-half 11 will be paid for each non -work day and holidays. On -call hours shall be in addition to 12 time worked. 13 14 ARTICLE 19 15 16 CALL BACK 17 is Call back is work due to an emergency or other urgent situations during off -duty hours. 19 This callback pay shall be paid to employees either called during off duty hours or called 20 back to a work site during off duty hours. This pay shall be as follows: one hoar paid for 21 employ= called on the phone (or the actual time spent on the phone calls, whichever is 22 greater) during off duty hours and two bours of pay or the actual time worked, whichever 23 is greater, for an employee called back to a work she during off duty hours. This time 24 shall be considered as time worked for computing overtime. The call or call back of any 25 employee requires the prior approval of the department head or designee. 26 27 ARTICLE 20 28 29 TEMPORARY ASSIGNMENTS 30 31 20.1 The County may temporarily assign or appoint any employee to perform work. which 32 would normally be done by an employee in another classification, when at the discretion 33 of the County such an assignment, or appointment is necessary. 34 35 20.2 An employee temporarily assigned to perform work outside his normal classification shall 36 suffer no loss of pay should said temporary assignment be to a lower clau fication. 37 38 20.3 An employee may be assigned to work in a higher classification up to one year, unless 39 otherwise determined by the County Administrator. An employee required to work in a 40 higher classification 30 consecutive working days or lea may be required to do so at no 41 increase in pay. If the employee is required to work beyond this period, he or she should 42 be given a temporary transfer to the higher classification and be paid the appropriate rate 43 for the higher classification retroactively applied to day one he or she served in such 44 higher classification and every consecutive working day themft. At the conclusion of 45 the assignment, pay shall revert to the wft&,ed rate established for his regular position. 46 Any such temporary increase granted shall not affect the employees eligibility for normal 47 salary advancement. M1:7o45W n! y 6 21.1 The probationary or "working test" period is an integral part of the hiring and promotion 7 process. It is utilized to closely observe the new employee's work, to secure the moat a effective adjustment of a new employee to the position, and to reject any employee whose 9 performance does not moat the required work standards. Probationary employes are 10 generally ineligible fix employee-requeded trawlers or promotions unless the County It Administrator or Division Director determines it is in the best interest of the County to 12 waive this rile. Probationary employees who are permitted to transfer or promote shall 13 have their new probationary period run concurrent with their existing probationary period. 14 15 21.2 The probationary period shall be twelve consecutive months from the employee's Brat day 16 of work with the County If the employee successfully completes the probationary period, n the employee shall be plaid on regular status. The County reserves the right to extend is the probationary period for up to thin months. Such a decision shall be made at keg 19 two weeks before the end of the initial probationary period, and notice shall be provided 20 to both the employee and the Union representative. 21 22 21.3 Regular status denotes final appointment in a specific County position and classification 23 following successfid completion of the probationary period. 24 25 21.4 Newly hired probationary employees; may be dismissed at any time at the discretion of the 26 County and are not entitled to the Career Service procedures or payments of sick leave at 27 time of termination. 28 29 21.5 If an employee who is saving a probationary period incurred as a result of a promotion is 30 found to be unqualified to perform the ditties of the higher position, a good faith effort 31 will be made to return the employee to the position and status held immediately prior to 32 the promotion. If the employee's former position is filled or otherwise unavailable, the 33 employee may be transferred to a vacant position for which the employee qualifies. If no 34 vacancy exists for which the employee is qualified, the employee will be placed in a lay- 35 off status with recall rights. 36 37 ABTI= 22 38 39 PROMOTIONS 40 41 22.1 In filling all vacancies in the bargaining unit, employees shall men the qualification 42 standards of education, training, experience, and other requirements for the position to 43 which the promotion is being sought. Standards and qualifications will be established to 44 meet the basic requirements of the position. 45 M1104M - l2 - 1 22.2 Job openings will be posted on the employee bulletin boards a minimum of seven 2 calendar days. Employees, excluding temporary and all probationary employees, may 3 initiate a written request for transfer/promotion conaide stion. 4 5 22.3 An employee's eligibility for promotion will be determined by the requirements of the 6 new job. In addition, the employee must have no disciplinary actions (written waning or 7 greater) during the preceding threa-month period Employees along with external 8 applicants will be considered. All things being equal, and if consistent with affirmative 9 action plans, senior employees shall have preference, but there shall be no guarantee of to promotion. Current employee candidates for promotion will normally be screened and 11 selected on the basis of attendance and work records, performance appraisals, and job- 12 related qualifications including, in some instances, aptitude tests. Seniority will prevail if 13 two or more candidates are judged by the County to be equally qualified. 14 15 22.4 Promoted employees shall receive a 5% raise or the minimum of the new grade, 16 whichever is greater. 17 18 22.5 Promoted employees will be placed on "promotion probation" status for a period of three 19 months. 20 21 22.6 The County agrees to post management vacancies and will give bargaining unit 22 employees consideration in filling those vacancies. 23 24 ARTICLE 23 25 26 DISCIPLINE 27 28 23.1 No employee covered by this Agreement shall be disciplined or discharged with" 29 proper cause. All discipline or discharge notices shall be in writing with a copy provided 30 to the employee. Such notices shall contain as complete and precise an explanation a 31 possible for the action being taken. 32 33 23.2 The County agrees with the tenets of progressive and corrective discipline; however, the 34 County has the right to review the employees work history and prior record of 35 disciplinary, action when determining the appropriate action to be taken. The County may 36 provide employees with notice of deficiencies and an opportunity to improve. 37 Notwithstanding the County's embrace of progressive and corrective discipline, the 38 County reserves the right to discipline employees for cause when the County deems it to 39 be appropriate. 40 41 23.3 Disciplinary actions or measures may include, subject to the rules of the Board of County 42 Commissioners, any of the following: 43 A. Oral warning 44 B. Written reprimand 45 C. Suspension 46 D Demotion 47 E. Discharge M1:7048w -13 - 1 2 23.4 All discipline in the farm of adverse employment action must be processed exclusively 3 through the grievance -arbitration procedure herein. The Union waives the right of all 4 bargaining unit members to utilize the Career Service Act procedures for any purpose. 5 6 23.5 Disciplinary actions older than 5 year; shall not be considered for purposes of 7 progressive discipline. 8 9 ARTICLE 24 to 11 GRIEVANCE AND ARBITRATION t2 13 GRIEVANCE PROCEDURE 14 15 24.1 Except when doing so would present an unreasonable risk to the employees' safety, 16 bargaining unit employees will follow all written and verbal orders given by superiors 17 even if such orders are alleged to be in conflict with the Agreement. Compliance with 19 such orders will not prejudice the right to file a grievance within the time limits contained 19 herein, nor shall compliance affect the ultimate resolution of the grievance. 20 21 24.2 A "grievance" is a claimed violation of an express provision of this Agreement. 22 Notwithstanding that definition, discipline in the farm of oral or written counseling shall 23 be subject to the grievance -arbitration procedure set forth herein No grievance will or 24 need be entertained or processed onlen presented in the manner described herein, and 25 unless filed in a manner provided herein within the time limit prescribed heroin. A 26 grievance may be filed by a bargaining unit employee or by the Union (haeinafter the 27 "grievant"). In either case, the procedure to be followed will be the same. The Union and 29 management may mutually agree to waive any step. Any employee covered by this 29 Agreement must use this grievance process and has no right to any other grievance 30 proem (i.e., administrative policy, de.). 31 32 24.3 Any grievance, defined as a claim reasonably and suitably founded on a violation of the 33 terms and conditions of thin Agreement shall systematically follow the grievance 34 procedure as Outlined herein. Any grievance filed shall refer to the provision or 35 provisions of the Agreement alleged to have been violated, and shall adequately ad forth 36 the facts pertaining to the alleged violation. 37 38 24.4 Rules of Cnieveace processing: 39 40 (A) The time limitations ad forth in this Article are the essence of the Agreement A 41 grievance not advanced to the higher step by the Union or the grievant within the 42 time limit provided shall be deemed permanently withdrawn and as having been 43 settled on the basis of the decision most recently given. Failure on the pat of the 44 Countys representative to answer within the time limit set forth in army step will 45 entitle the employee to proceed to the nett step. The time limit at any stage of the 46 grievance procedure may be extended by written mutual agreement of the parties 47 involved in that step. M1:7048v4 - 14 - I 2 (B) A grievance presented at Step 2 and above shall be dated and signed by the 3 aggrieved employee presenting it. A copy of the grievance must be forwarded to 4 Human Resources by the grievant and/or the Union. The departmental fax 5 machine will be made available for this purpose. A decision rendered shall be 6 written to the aggrieved employee with copy to the Union and shall be dated and 7 signed by the County a representative at that step. 8 9 (C) When a written grievance is presented; the Coudy% representative shall roturn a to dated and signed copy of it at that particular step. 11 12 (D) When a grievance is reduced to writing there shall be ant forth: 13 14 1. A complete statement of the grievance and the facts upon which it is 15 hued; 16 2. The section or section of this Agreement claimed to have been violated; 17 3. Any witnesses to the event or occurrence; and 1a 4. The remedy or correction requested. 19 20 (E) In the settlement of any grievance resulting in retroactive adjustment, such 21 adjustment WWI be limited to ten calendar days prior to the date of the Ming of 22 the grievance. 23 24 STEPS FOR GRIEVANCE PROCESSING 25 26 In the event a grievance arises, the employee must discuss the grievance with his immediate 27 supervisor within 1b= working days after the employee had knowledge of the event or 28 occurrence giving rise to the grievance. At the time of submitting the grievance, and to ammo 29 that grievances are settled at the first opportunity, the aggrieved employee should request an 30 informal meeting with his or her supervisor prior to a Step 1 baring to discuss the chicmmstmces 31 giving rise to the grievance. In the event the issue in dispute cannot be resolved between the 32 supervisor and the grievant, the grievance may be presorted by the grievant at Step 1 of the 33 grievance procedure within fn working days from the date of the anperMory meeting. Such 34 written grievance must indicate that the matter had been reviewed with the immediate supervisor. 35 36 Stem 1: The aggrieved employee shall present the grievance to the department head. The 37 aggrieved employee may request a repraemative of the Union to be present. Discussions will be 38 informal for the purpose of adding differences in the simplest and most direct manner. no 39 department head shall reach a decision and commrmiate it in writing to the aggrieved employee 40 with a copy to the Union within ten working days from the date the grievance was presented to 41 the deportment head. 42 43 Stec 2: If the grieve= is not settled in the first step, the aggrieved employee, within five 44 working days, shall forward the written grievance to the division director. The division director 45 shall moat with the aggrieved employee, who may be accompanied by a Union steward and the 46 Union chief steward. Within ten working days after the receipt of the grievance, unless such time M1:7048v4 - 15 - 1 is mutually extended in writing and the grievance is not resolved, the grievance may then be 2 forwarded to Step 3. 3 4 Sam 3: If the grievance is not settled in Step 2, the Union has ten (10) working days from receipt 5 of the Step 2 answer to submit a written appeal to the County Administrator or his designated 6 representative. Within ten (10) working days thereafter, a meeting shall be held between the 7 County Administrator (or designee), the Union Agent, the Shop Steward, and the grievant. The s County Administrator shall provide his written answer within ten (10) working days following 9 such meeting. The patties may by mutual written agreement extend the above timelines without 10 loss of rights under this Article. 11 12 Sroo 4: If no mutual agreement is reached in Steps 1 to 3 of this Article, the grievance shall be 13 submitted to a two -person resolution board. One member of the resolution board shall be 14 selected by the Union and the other by the County. All grievances submitted to the above. 15 mentioned board must be heard within ten (10) working days, unless otherwise agreed to, from 16 the date of the County's Step 3 answer. The two -person board will meet on an as -needed basis. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Sten 5: in the event the grievance is not settled by a majority vote of the resolution board, either party may submit the grievance to binding arbitration within ten (10) working days (or to a time period otherwise mutually agreed to by the Union and the County) of the written response of the revolution board. A panel of seven (7) arbitrators will be requested from Federal Mediation and Conciliation Service. The parties shall alternately strike names fiom the list until an arbitrator is selected. For the first arbitration following the implementation of this Agreement, the County shall strike the fast name. Thereafter, the Union shall be required to strike the first time in the next arbitration case. For subsequent arbitrations, the parties shall continue to alienate Both parties shall have the right to reject one panel, and request atniha from which arbitrau n must be chosen using the above -prescribed procedure. Hearings before the arbitrator shall be conducted in accordance with the rules of the Federal Mediation and Conciliation Service. The Union and the County shall each pay k5 of the Arbitrator's fees and exposures.. 24.5 36 37 38 39 40 24.6 41 42 43 44 45 46 47 As promptly ae possible after the arbitrator has been selected, the arbitrator shall conduct a hearing between the parties and consider the grievance. The decision of the arbitrator will be served upon the Union and the County in writing. It shall be the obligation of the arbitrator to issue hielber decision within 60 calendar days after the close of the hearing to include receipt of post -hearing briefb. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless the parties mutually agree to sham the cost. Each party shall bear the expense of its own witnesses and of its own representative for purposes of the arbitration hearing The jurisdiction and authority of the arbitrator and his opinion and award shall be confined exclusively to the interpretation and/or application of the express provision(s) of this Agreement. He shall have no authority to add to, detract from, alter, amend or modify any provision of this Agreement; or to establish or alter any wage rate or wage structure. No liability shall be assessed against the County for a date prior to the date of the grievance is submitted in writing or, in disciplinary cases, from the date of the discipline or discharge. M1:7048v4 16- I The arbitrator shall not hear or decide more than one (1) grievance without the mutual 2 consent of the County and the Union. The written award of the arbitrator on the merits of 3 any grievance adjudicated within his jurisdiction and authority shall be final and binding 4 on the aggrieved employee, the Union and the County, provided that either party shall be 5 entitled to seek review of the arbitratar's decision as provided by law. With respect to 6 arbitration involving the layol& discipline or discharge of employees, the arbitrator shall 7 have the authority to order the payment of back wages and benefits the employee would 8 otherwise have received but for his discipline or discharge (lea compensation, including 9 unemployment compensation payments and other compensation earned elsewhere during 10 the period attributable to the layof& discipline or discharge in issue, and lea any amounts 11 caused by the grievant's failure to mitigate his or her damages.) The arbitrator shall have 12 no authority to award compensatory or punitive damages or attorneys fees. 13 14 24.7 The arbitrator may not issue declaratory opinions and shall be confined exclusively to the 15 question, which is presented, which question must be actual and existing. 16 17 24.8 Nothing in this Agreement shall prohibit the presence of a Union representative at any la steps of the grievance procedure. 19 20 24.9 No claimed violation of any federal statute, state or local law, nde or regulation shall be 21 subject to the grievance -arbitration pmcedum 22 23 ARTICLE 25 24 25 SEPARATIONS 26 27 25.1 The effective date of separation shall be the last day on which the employee is present for 29 duty unless otherwise specified herein. 29 30 25.2 Resignation is defined as an action whereby an employee voluntarily leaves County 31 employment An employee with no pending disciplinary action wishing to leave the 32 County in good standing shall file with the County a written resignation, stating the 33 effective date and reasons for leaving. Such notice must be give at least two weds prior 34 to the date of separation. Employees who are absent tiom work for throe consecutive 35 workdays without being excused or giving proper notice of their absence will be 36 considered as having voluntarily quit 37 38 25.3 Retirement is defined as a voluntary or involuntary procedure whereby an employee 39 separates from County employment for masons of length of service or disability. The 40 Florida Retirement System shall govern all retirement regulations and benefits. Nether 41 the employee nor the Union may use the grievance -arbitration procedures outlined in 42 Article 24 to address complaints concerning the Florida Retirement System. 43 44 25.4 Termination of employment shall be effective as of the date of death. All County 45 compensation and County benefits due to the employee as of the eilbctive date of death 46 shall be paid to the beneficiary, surviving spouse, or the estate of the employee, as 47 determined by law or by executed foram in the employee's persomd file. M1:704M - 17 - I 2 25.5 If a layoff does occur all temporary employees and newly hired probationary employees 3 within affected divisions will be terminated first. The only exception would be if the 4 temporary or newly bired probationary employee has a particular skill required to perform 5 certain duties and no one else employed by the County is qualified. Permanent 6 employees ate to be laid off based on their length of continuous service, provided that the 7 employees who are retained have the demonstrated ability and fitness to perform the 8 available work. Laid -off permanent employees shall be placed in open positions for 9 which they are qualified. 10 11 25.6 If an employee is laid off, the employee will be compensated for his sick and vacation as 12 if he were voluntarily quitting. Employees eligible for sick leave payment per Article 13 29.7 shall have the option of leaving the sick leave on account for up to one year. A laid- 14 off employee shall be eligible for conversion of employee health care benefits at the 15 employee's expense. Laid -off employees remain eligible for recall into positions 16 previously held with the Canty or for which they are qualified for a period of three years 17 from the layoff date, provided that any employee so recalled shall be subject to passing a t 8 typical pre -employment screerling at the discretion of the County. No continuous service 19 benefits of any kind shall accrue during the layoff period. 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 to. 23 employment and shall low all seniority and reinstaternent 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 past 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 fiom the employees 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 persotmel. 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 M1:7048v4 -Is- I Union over the effects of any change in insurance carriers or benefits, if the Union 2 requests that such bargaining occur. 3 4 ARTICLE 27 5 6 LEAVES OF ABSENCE 7 8 28.1 Jury Duty and Court Leave 9 10 A. A Sill -time employee who is summoned to jury duty by a city, the County (Monroe), I 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 catty employment Shall be 13 granted time off with pay for the time actually span 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 bialher 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 basin. 27 28 B. Any employee on jury duty as specified above, and who is released or excused from 29 jury duty during normal worlang hours, will immediately contact his or her supervisor in 30 order to determine whetter 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 alidt 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 woriing hour and days of work of 37 an employee employed on other thaw a Sall -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 Senn 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 continual above in 45 Article 28.1.1(a), (b) and (c). 46 ME704 W -19- I D. if any employee is subpoenaed as a witness other than in the specific circumstances 2 described above, the County will grant the employee leave without pay to the extent that 3 the Department Head so approves. 4 5 E. Notwithstanding any of the provisions of Article 28.01-A above, no employee shall 6 receive pay liom the County where the employee is a pWntif& 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 10 matter related to County business must inform the County Attorneys office as soon as 11 possible after receiving said notification. 12 13 28.2 Military Leave 14 15 An employee may request military leave to save 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 prooedlnes, and not through the grievance -arbitration procedures 19 set forth herein. 20 21 28.3 Family Medical Leave Act 22 23 The FMLA establishes the rights of eligible employees to a leave of absence for up to 12 24 weeks in a calendar year for birth, adoption, the care of a family membar's serious health 25 condition, or the employee's own serious health condition. The County's policy is 26 contained at Section 8.05 of the Comity's Personnel Policies and Procedures. FMI.A will 27 be governed by applicable federal law. Any claimed violation of this policy most be 28 resolved exclusively through administrative -judicial procedures, and not through the 29 grievance -arbitration procedures set forth herein. 30 31 28.4 Bereavement Leave 32 33 All employees covered under this policy shall be granted up to two waking days off with 34 pay in order to attend a fimaral of a member of the employees immediate family. The 35 immediate family shall be comstrned to mean one of the following: Spouse, parent, son, 36 daughter, sister, brotherdomestic partner legal guardian, grandparent or in-laws. 37 Additional time off (over and above the two working days herein provided) may be 38 approved by the Deparhmant Head, and charged to sick or annual leave. Additionally, due 39 County may require proof of death of a family member before making psymem for leave. M1:704a W - 20 - 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 33 36 37 38 39 40 41 42 43 44 45 46 47 29.1 SICK LEAVE MI:7048W All salaried employees with regular status working 20 hours or more per week shall have the privilege of aceming sick leave in scoordonce with these policies. Employees shall not be eligible to use sick leave until they have been in the County service for 90 days, unless moommended by the Department Head and approved by the Division Director. Verification of illness by a physician may be required. All regular, firll-time employees will accme 4 hours sick leave per pay period worked. 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 weds, but at least twenty (20) hours per week will be prorated according to the hours waked. When them has bow a break in service of 48 hours or more, the employee upon reimtatement or re-employment will begin accruing sick leave as a war employee. Employees who are on leave without pay for more than 8 hours durmg; a pay period will not accrue sick leave for that pay period. a, W1 4y. . L 1. Sick leave shall be used only with the approval of the applicable Department Head, Division Director or County Administrator end shall not be aushorixed prior to the time it is earned and credited to the employee except in cases of prearranged medical appointments, avgay or other health -related matters. 2. Sick leave shill be authorized only in the event of: (s.) The employee's personal illness, injury or exposure to a contagious disease which would endanger others. (b.) Illness or irhury of a member of the immediate family. (see definition of immediate family.) -21- I (c.) The employee's personal appointments with a practitioner when it is 2 not possible to arrange such appointments for off -duty hours, but not to 3 exceed the extent of time required to complete such appointments. 4 5 (d.) Prearranged surgery or other health -related matters. 6 7 D. Monroe County has established a Sick Leave Pool for eligible fitll-time employees a designed to aid the employee sugamg from an extended illness or injury (See 9 Administrative Instruction 4702 for rules and enrollment procedures). 10 11 29.2 MEDICAL JUSTIFICATION 12 13 A. Sick leave is a privilege, and not a benefit. In fact, use of sick time actually causes a 14 hardship on the County. The County must, therefore, ensure that employees utilizing sick 15 leave are complying with The Monroe County Personnel Policies and Procedures.. 16 17 Employes must meet the following conditions in order to be granted sick leave with pay: is 19 (1) Notify hislher immediate Supervisor as soon as the employee learns that 20 he/she will be unable to report to work in accordance with individual department 21 policy. The employee shall call in to hia&w immediate Supervisor at least one (1) 22 time on each consecutive " thereafter, that the employee will miss work 23 because of sick leave. 24 25 (2) File a written report (after ramming to work) explaining the nature of the 26 illness when required, by her Supervisor or Department Head. 27 28 (3) Permit medical examination, nursing visit or any County inquiry (telephone 29 call, visit to the employee's house, etc.) deemed appropriate by the County to 30 document the illness of the employee or family member. 31 32 The Department Head is responsible for following up on sick leave use and for ansuring 33 that them is no sick leave abase. The Department Hard may rogue any employee to 34 bring in a note from his or her personal physician for abee nces of three (3) consecutive 35 working days or more. However, if a Department Had reasonably suspects that an 36 employee is abusing sick lave, said Department Head may require that any use of sick 37 leave by the employee for herself or 5rmily, member be justified by a mote from a 38 physician Further, in the event that a Department Had is unsatisfied with the initial 39 doctor's note, he may require the employee or family member to be examined by a County 40 - designated physician at the County's expense. 41 42 B. If it is determined that the employee is unfit to continue wafting the DeparmU tt 43 Had may require the employee to use any part of his accrued sick lave, compensatory 44 time or annual lave and may thereafter require the employee to take such leave without 45 pay as is medically determined sufficient to restore him to normal health, however, this 46 will in no way prevent the County from separating him from employment if the absence 47 would be of such duration as to pose a hardship on the operations of the Department. MI:7043W -22- 1 2 3 4 5 6 7 8 9 10 1 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 C. The Department Had may require, at any time, an employee to present medical evidence that he is physically or mentally fit to work and/or the Department Head may require an employee to be examined by a County -designated physician or peyddatrist, at the County's expense. D. If the employee's illness is covered by the FMLA, the County's FMIA policy win govern entitlement to leave, and the tams and conditions of that leave. NOTE: NEW. 0_ 11 _ wal 10)$7fr-!zIazielI If abaart for three consecutive work days without reporting to the Supervisor a reason sufficient to justify the absence, the employee may be removed from the payroll as having voluntarily resigned without notice. The Supervisor is to notify the Deparfirent Head. Any unauthorized absence may be cause for disciplinary action, up to and including termination A. An employee with sick leave in excess of 480 hours accrued on September 30's of each fiscal year will belmd a maximum of 52 hours of sick leave at the rate of pry in effect on September 30 ' In no event will an employee be paid in excess of 52 hours unless separation from the County occma as covered under the provisions of due section. Employee may elect to retain sick leave accrual and must notify personnel by September 1 of each fiscal year if they do not want to receive payment for unused sick leave. B An employac who terminates with less than five (5) years continuous service shall not be paid for any unused sick leave credits. C. Employees with varying years of continuous service shall, upon separation, from the County in good standing, death or retirement, receive incentive sick leave pay n follows: 5 to 10 years of service - 1/4 of all accrued sick leave, with a maximum of 30 days. 10 to 15 years of service - 1/2 of all accrued sick leave, with a maximum of 90 days. 15 years or more - 1/2 of all accrued sick leave, with a maximum of 120 days. D. The payments made as terminal pay for unused sick leave, whether paid w salary or otherwise, shall not be used in the calculation of average final compensation for retirement. E. Employees who leave the County service without proper notice or who are terminsted far just cause maybe denied payment of accrued sick leaves M1:704M !k 1 2 3 HOLIDAYS 4 5 30.1 OFFICIAL HOLIDAYS 6 7 The following we holidays which shall be observed by all County offices in which 8 functions can be discontinued without adversely affecting required services to the public: 9 10 New Year's Day Labor Day 11 Presidents' Day Columbus Day 12 Martin Luther Kings Birthday Veterans Day 13 Good Friday Thank agiving Day 14 Memorial Day Thanksgiving Friday is Independence Day Christmas Day 16 17 In addition to the above -designated holidays, the Board of Comminionms, in its sole is discretion, may grant other special holidays during the course of a year to some, or all, 19 County employe=. 20 21 30.2 Rt.rr•,lalr.rry 22 23 All salaried employees on the active payroll on the date of the holiday shall be eligible for 24 holiday pay at their regular rate of pay. Employe= must be worsting or on approved leave 25 with pay the entire day before and the day after a holiday to be compensated for said 26 holiday. 27 28 29 30.3 WORK DURING HOLIDAYS 30 31 Each employee shall observe all holidays designated in this Section, provided that the 32 work load of the department is, in the discretion of the County Adminiatramr, such that 33 the employees work load cannot be discontinued without causing a hardship to the 34 County. 35 36 In the evert that the work load in any department does not permit the observance of any 37 designated holiday, all employees required to work on said designated holiday, or if 38 holiday falls on employes designated day o11, may be granted another dayrs leave in lieu 39 of the holiday or paid for the work performed on the hofiday. If employee wishes to 40 substitute a holiday, it will be scheduled in the manner as annual leave. 41 42 30.4 HO .1neYS E&Lj&Q_QN_jygEXR= 43 44 Unless otherwise specified by the Board of County Commissioners - when a holiday falls 45 on a Saturday the preceding Friday shall be observed as a holiday - when a holiday falls 46 on a Sunday, the following Monday shall be observed as a holiday. 47 M1:704M - 24 - 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 30.6 Some County facilities are open on Saturdays and Sundays. When a holiday falls on a Saturday or Sunday, those ti1c17itics will observe the holiday on the actual holiday in lieu of the normally scheduled County Holiday. Employees on annual or sick leave during periods when designated holidays oem, shall not have the day of the holiday charged against their accrued leave. Employees who choose to observe other "holidays" for religious or other reasons must do so by utilizing annual leave pursuant to Article 31 All salaried employees with regular status wonting 20 hours or moo; per week shall cam and scenic annual leave with pay. Nwelehllm For curtest 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: Yeah of Continuous Hours of leave Earned Hours of Leave Earned Service During Each Calendar During Each Calendar Month Month 40 HPW 37 Yi HFW 1 through 3 years 4 horns per bi-weakly 3.75 hours per bi-weekly pay period pay period (13 working days per yew) (13 working days per yew) 4 through IO yews S hours per bi-weekly 4.75 hours per bi-weekly pay period pay Period (16 1/4 wonting days per (16.5 working days per year) Yew) 11 through 15 years 6 hours per bi-weekly 5.75 hours per bi-weekly Pay Period pay prod (19 1/2 working days per (19.9 working days per year) Yew) MI:70r8v4 .25- 1 2 16 through termination of employment 3 7 hours per bi-weekly 6.75 hours per bi weekly 4 pay PNW pay period 5 (22 314 working days per (23.4 working days per year) 6 year) 7 8 Monroe County currently has a bi-weekly pay period system commencing at 12:00 9 am. Sunday, ending two Saturdays later at 11:59 p.m. There we 26 pay periods 10 per year. 11 12 For employees who we hired on October 1, 1999, or after Annual leave for 13 regular, full-time employees with a work week of 40 hours per week shall be 14 earned in accordance with the following table: 15 16 Years of Continuous Hours of Leave Earned 17 Service During Each Calendar Is Month 19 20 1 through 5 years 4 hours per bi-weekly 21 pay prod 22 (13 working days per year) 23 24 6 through 15 years 5 hours per bi-weekly 25 pay period 26 (161/4 working days per 27 year) 28 29 16 through termination of employment 30 6 hours per bi-weedy 31 pay period 32 (19 lt2 working days per 33 year) 34 35 Monroe County currently has a bi-weekly pay period system commencing at 12:00 36 am. Sunday, ending two Saturdays later at 11:59 p.m. There an 26 pay periods 37 per year. 38 39 Annual leave for employees working lea than 40 hours per week, but more than 40 20 hours per week will be pmrated sawrdiog to the haws worked. When them 41 has been a break in employment of 48 hours or mere; the employee, upon 42 reinstatement or re-employment, will begin earning annual leave as a new 43 employee. 44 45 Employees who are on leave without pay status for more than 8 boom during a 46 pay period will not accrue annual leave for that pay period. 47 M1:704M -26- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 Is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 C. 1. Annual leave may be used on a payday —to-payday basis as it is earned according to scheduling requirements and may be accumulated up to 40 working days. Any time eemed in excess of this amount will be paid to the employee at their rate ofpay in effect on September 30a . 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 employees request for annual lave, if granting such lee at that time would be detrimental to County operations. Upon such denial, the employee may request the lave at another time. The Department Had is responsible for verifying that the employee does have sufficient accrued leave to cover the period of abuace, and should room the lave request In the employee nndncaung approval or denial, within seven (7) days of receipt of the request, unless a valid reason is given to the employee for the delay. F-MM9141.1 UM 4V.VWBL$IZFW.404M 4 . E. W704M Payment of annual lave be based on the employees regular rate of pay and tams of separation. Annual lave 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 tammabon for cause or in accordance with these poheta, with the following restrictions: 1. Annual leave may not be talren until accrued in accordance with these rules. 2. Employees will not accrue annual lave dining a lave of absence without pay, a suspension or when the employee is otherwise in a non -paid status. 3. Article 252 -Resignations. 4. Employees who leave the County service without props notice or who are tammated for just cruse may be denied payment of accrued annual lave. - 27 . 1 5. An employee who leaves the Comity and who wishes to receive 2 payment for annual leave must alga a waiver and general release of any 3 and all claims against the County and its official, managers, supervisors, 4 employees and insurers to receive payment of annual leave. 5 6 ARTICLE 31 7 8 UNIFORM, TOOLS AND EOUIPNW1VT 9 to 32.1 For employees required to wear a uniform, the County will fmnieb two sets of shirts and 11 pants for each day dte employee is regularly scheduled to work in a workweek, plus one 12 additional uniform, i.e., five-day employees will have 11 ads and fur -day employees 13 will have 9 sets, and all on -call employe= eball receive an additional 2 sets, not to exceed 14 15 sets. Bargaining unit employees shall be given their choice of long or abort pants, 15 except for those positions for which the County makes the detemunstion that long pants 16 are required The determination to require long pants will not be arbitrarily made. Such 17 uniforms are am to be worn except while employees are on the job and while traveling to is and from the job. 19 20 32.2 Toole and equipment that are normally supplied by the County will be used properly and 21 oarefiilly by employees who require them in their work. It is the responsibility of the 22 employee to use and secure such tools and equipment in such a mamter as to minimize 23 the potential for loss or theft. 24 25 32.3 Toole and equipment provided by the County will be replaced by the County if they are 26 stolen or broken during normal use and provided proper care and prescribed security 27 measures have been followed and loss or breakage is not due to the employee's 28 negligence or abuse. Loss or brealuge dare to employee's negligence or abuse is subject 29 to discipline 30 31 ARTI[CLE 32 32 33 REMUNERATION 34 35 All current bargaining unit employees covered by this Agreement will receive the 36 following wage ittcreasee. The County will gram a cost -of -living increMe ttp to a 37 maximum of five percent (5%) to all unit employees effective October 1, 2006, and also 38 effective October I in 2007 and 2008. The "CPAR" index will be used to determine the 39 increases. The County will also giant merit minuses up to a maximum of five percent 40 (5%) to writ employees who qualify for those increases. Those merit incresta, if 41 granted, will be effective on the employee's anniversary date. Those increases will be 42 implemented during the 2006-2007, 2007-2008, and 2008-2009 fiscal yeas, through 43 September 30, 2009. 44 45 46 47 M1:7048v4 - 28 - I A= 2 3 ENTIRE AGRa'irMenrS 4 5 34.1 The parties aelmowledge that during the negotiations, which resulted in this Agreement, 6 each had the unlimited right to make demands and proposals with rasped to any subject 7 or matter not removed by law from the area of collective bargaining. They, therefore, a each voluntarily and unqualifiedly waive the right for the tam of this Agreement to 9 bargain collectively with respect to any matter referred to or covered in this Agreement, 10 or with respect to any subject or matter not specifically referred to or covered by this 11 Agreement. 12 13 34.2 This Agreement represents the entire agreement between the parties and no other 14 agreements or practices are binding upon either party hereto with respect to wages, haws 15 or working conditions of the employees covered hereby. The County shall not be 16 obligated to continue any benefits or employee practices which it has given or engaged in 17 prior to the execution of this Agreement unless such benefits or practices we specifically is act forth in this Agreement, and past practices of the County will not be conaidered in 19 interpreting this Agreement. 20 21 343 The parties also agree that the County may unilaterally make changes in the tams and 22 conditions not covered m this Agreement without having to bargain over any such 23 decision or its effects. This Agreement expressly permits the County's n1bt to make such 24 changes. 25 26 27 28 29 30 35.1 This Agreement shall be printed within a reasonable time by the County. The County 31 shall provide three originals of the contract to the Union. 32 33 ARTICLE 35 34 35 SAVINGS CLAUSE 36 37 If my article, section, or provision of this Agreement should be found invalid, illegal or 38 not enforceable by reason of any existing or subsequently, enacted legislation or by 39 judicial authority, all other articles and sections of this Agreement shall remain in full 40 fare and effect for the duration of this Agreement If such action Owns, the Canty and 41 the Union shall meet within thirty days for the purpose of negotiating a mutually 42 satisfactory replacement for such provision. 43 44 45 M1:7048v4 - 29 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 37.1 After ratification by the prtiee, this Agreement shall be effective as of August 1, 2006, and shall rennin m bill foree and effect until midnight. September 30, 2009. BOARD OF COUNTY COMMIS MONROE COUNTY, FLORIDA By. Chairman Date: Attest: By: County Administrator Date: By: Clerk Date: a Approved As To Form Date: M1:704M -30- TEAMSTERS LOCAL UNION NO. TM Date: Data: President Business Representative o,n l PW. n"T e'/ gwwt 11/40/Nn nypN yeu0 p.7 PN(-7►=104 W IS P.e3 a ` 3C-53-966 to t/env . y.. •r • '* WINS • tI ij- p.r ! .. .. sea1Rr tom. UK t Go +wt sl ase,' ta!%y►�waotatias drirue, � - �dvor, aiil'vRi�raRtos:'. , ,.'• r' � Nr grRat .. r 'ROa'4 aed all Otbae 09 as County Beard 09 ( fte 01066,1em -WOMA* are a. tellonal 1. Bwt0sl0ato ava1 of eli'ib10 rotors 3. d ballate 3. rbtM Boot !ae! tieser 4. Votes east ; partieipatlaB satJ, s. rani Ad vat" 0Ctallasp6 7.. Valid rotes ylao lleyll ed baot. B. abailayos are" 8e!lieiost to affect the reealts of the %ties. . 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