Item R2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
* Time Certain: 2 :30 p.m.
Meeting Date: December 16. 2009 (Marathon)
Bulk Item: Yes No X
Division: County Attorney
Department: County Attorney
Staff Contact Person: Cynthia L. Hall x 3174
AGENDA ITEM WORDING:
Approval and ratification of collective bargaining agreement with Teamsters Local Union No. 769; and
resolution of impasse as to five (5) clauses.
ITEM BACKGROUND: The current collective bargaining agreement with Teamsters ended on
September 30, 2009. The negotiating team has reached tentative agreement with the union on all
clauses in the agreement with the exception of the following clauses: 21.2 (probationary period); 23.5
(discipline "look back" period); 25.6 (time period for layoff recall); 28.4 (payout of unused sick leave);
and 30(c)(1) (payout of excess annual leave). Union and management are at impasse as to those five
clauses. Under Section 447.403, F.S., where a public employer and bargaining agent are at impasse,
the legislative body must conduct a public hearing to resolve the disputed issues. Union and
management have agreed to waive appointment of a Public Employees Relations Commission special
magistrate to make recommendations. Union and management are asking that the Board of County
Commissioners (a) decide whether to accept the union version or management version of the five
impasse clauses; and then (b) approve and ratify the final version of the collective bargaining
agreement as a whole.
During the time period between when impasse is declared and when the BOCC meets to hear and
resolve the impasse, neither side is allowed to engage in ex parte communication with the
Commissioners.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES: Outlined in attached memo.
STAFF RECOMMENDATIONS:
TOT AL COST ~ INDIRECT COST:
BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No
APPROVED BY: County Atty ~
AMOUNT PER MONTH_ Year
OMB/Purchasing _ Risk Management _
DOCUMENT A TION:
Included
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
MEMORANDUM
Office of the Monroe County Attorney
TO:
County Commissioners
Cynthia L. Hall, Assistant County Attorney (!1f
FROM:
THRU:
Suzanne A. Hutton, County Attorney; Roman Gastesi, County Commissioners
DATE:
December 1,2009
SUBJECT:
Proposed Collective Bargaining Agreement with Teamster's Local Union No. 769
The current collective bargaining agreement between Monroe County and Teamster's
Local Union No. 769 expired on September 30, 2009. That agreement ran for three years.
During that time period, under paragraph 32 of the collective bargaining agreement, employees
covered by the collective bargaining agreement received 3%~ COLA in October 2007 and 4.1 %
COLA in October 2007. During the same time period, County non-union employees did not
receive any COLA increases. Neither union members nor non-union employees received merit
increases during either of those years or in the current year.
The County and Union have been negotiating a new agreement since April 2009. The
County and Union have reached tentative agreement on a new, one-year collective bargaining
agreement with the exception of five clauses outlined below. The agreement offers the
Teamsters 0% COLA and no merit increase, the same as was given to non-union employees.
The five clauses as to which Union and Management are at impasse are the following:
21.2 (length of probationary period); 23.5 (time period that the County can "look back" for
purposes of imposing discipline); 25.6 (time period during which laid-off employees will be
automatically notified of open positions); 28.4 (payout of unused sick leave); and 30(c)(l)
(payout of excess annual leave). The County's position and the Union's position on each of
these impasse clauses is outlined below.
Article 21.2: Probationary Period
The current CBA provides that the length of the probation period for Teamster's
employees will be 12 months, which is the same as County non-union employees. The union has
proposed a reduction, to 9 months. The County has proposed keeping the probationary period at
12 months, believing this to be a fair period of time for a new employee to show that he or she
can perform the position.
1
Article 23.5: "Look Back" Period for Purpose of Imposing Discipline
The current CBA provides that the period of time in the employee's history that will be
considered for purposes of imposing discipline is 5 years. The County has proposed keeping it at
5 years. The Union has proposed reducing it to 3 years. With County non-union employees, all
history back to the first date of hire is considered.
Article 25.6: Period of Re-Hire Preference for Layoff
The current CBA provides that laid-off employees will be eligible for re-hire into a
position for a period of three years. As part of the bargaining process, the County already agreed
to send an e-mail to those employees, and the Union business representative, notifying them of
open positions. The County has proposed that the time period for rehiring (and notification)
should be one year, rather than three years, because it is onerous for the County to have to keep
track of the employee and notify the employee after that time period. The Union has proposed to
keep the three-year time period.
Article 28.4: Payout of Unused Sick Leave
The current CBA provides that each year, employees who have accumulated more than
480 hours of sick leave will receive a payout of sick leave in excess of 480 hours, up to 52 hours
payout. County non-union employees used to have the same benefit, however, in February 2008,
the BOCC voted to do away with this clause. Now, for County non-union employees, excess
unused sick leave simply accumulates. The County has proposed also eliminating this payout
paragraph (paragraph 28.4(A) in the current agreement). The Union wishes to keep the payout
clause, so that union members would continue to receive this annual payout of excess sick leave.
Article 30(c)(1): Payout of Annual Leave (Vacation)
Currently, the CBA provides that annual leave may be accumulated up to 40 working
days and that any time in excess ofthis amount will be paid out to the employee annually.
County non-union employees used to have this benefit as well, however, it was also modified in
February 2008 as part of budget cuts. Now, for County non-union employees, excess annual
leave is rolled over into the employee's sick leave and is not paid out. The County has proposed
making the same change for Teamsters. More specifically, the language proposed by the County
proposed to treat the Teamsters the same, and if a change is made for County non-union
employees, the same change would apply. The Teamsters have proposed keeping the currentabenefit.
2
CONTRACT
BETWEEN
MONROE COUNTY
AND
TEAMSTERS LOCAL UNION NO. 769
T ABLE OF CONTENTS
Article I
Recognition
Article 2
Intent and Purpose
Article 3
General
Article 4
Non-Discrimination
Article 5
Correspondence
Article 6
Bulletin Boards
Article 7
Management Rights
Article 8
Subcontracting
Article 9
Availability
Article 10
Safety
Article 11
Union Representation & Access
Article 12
Payroll Deduction, Union Initiation Fees and Union Dues
Article 13
No Strike - No Lockout
Article 14
Outside Employment
Article 15
Attendance and Punctuality
Article 16
Hours of Work
Article 17
Overtime
Article 18
On-Call/Standby
Article 19
Call Back
Article 20
Temporary Assignments
Article 21
Probationary Period
Article 22
Promotions - Job Openings
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3 Article 23 Discipline IS
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5 Article 24 Grievance and Arbitration 16
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7 Article 25 Separations 19
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9 Article 26 Insurance 20
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11 Article 27 Leaves of Absence 21
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13 Article 28 Paid Sick Leave 24
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15 Article 29 Holidays 26
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17 Article 30 Annual Leave 27
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19 Article 31 Uniforms, Tools and Equipment 28
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21 Article 32 Remuneration 29
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23 Article 33 Entire Agreement 29
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25 Article 34 Printing Agreement 30
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27 Article 35 Savings Clause 30
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29 Article 36 Duration of Contract 31
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31 Attachment A
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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 exclusive 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, 1995,
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.
ARTICLE 3
GENERAL
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.
Unless otherwise stated in this Agreement, references to "days" shall mean calendar days
and not workdays.
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.
\Vhenever 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-DISCRIMINATION
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, familiar
status, sexual orientation/preference, disabilitylhandicap, 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
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through the appropriate administrative agency (e.g., Equal Employment Opportunity,
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
CORRESPONDENCE
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.
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
Each party shall copy the other on any and all correspondence pertaining to the contract
sent to or received from PERC.
ARTICLE 6
BULLETIN BOARDS
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.
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.
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
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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.
The Union stewards shan check all bulletin boards at reasonable intervals to ensure that
no unauthorized materials have been posted. If unauthorized materials have been posted
or if the Union chief steward has been notified that bulletin boards contain unauthorized
materials, the Union chief steward shall cause such unauthorized materials to be removed
immediately. When the Human Resource Director receives complaints of unauthorized
material or inappropriate material, the Human Resources Director will notify the Union
Chief Steward for investigation and/or immediate removal of unauthorized or
inappropriate material. The County may remove any such inappropriate material if the
Union fails to timely remove the material.
ARTICLE 7
MANAGEMENT RIGHTS
Except as otherwise specifically limited in this Agreement, the Union recognizes and
agrees that the supervision, management, control and determination of the County
business, operations, working force, equipment, and facilities are exclusively vested in
the County and its designated officials, administrators, managers, and supervisors. The
County alone shall have the authority to determine and direct policies, mode, and
methods of providing its services and unilaterally set the standards for same, without any
interference in the management and conduct of the County's business by the Union or any
of its representatives. Except as expressly limited by a specific provision of this
Agreement, the County shall continue to have the exclusive right to take any action it
deems necessary or appropriate in the management of its business and the direction of its
work force. Without limiting the generality of the foregoing, such rights exclusively
reserved to the County shall include but not be limited to its right to determine the
existence or nonexistence of facts which are the basis of management decisions; the right
to determine the size and composition of its work forces; to determine the existence of a
job vacancy; to temporarily fill vacancies; to hire new employees from the outside at any
level; to select, reinstate, retire, promote, demote, evaluate, transfer, suspend, assign,
direct, lay-off and recall employees subject to the express provisions of this Agreement;
to determine the fact of lack of work; to determine questions of physical fitness, skills and
ability of employees to perform the work; to reward or reprimand, discharge or otherwise
discipline employees; to maintain the minimum qualifications for job classifications and
the amount and type of work needed; to engage in experimental and development
projects; to determine what records are to be made and kept, including those records
relating to hours of work of employees, who will make and keep the records, how the
records are to be made and kept; to establish new jobs, abolish or change existing jobs; to
determine the assignment of work; to contract out or subcontract work; to schedule the
hours and days to be worked on each job and to make time studies of work loads, job
assignments, methods of operation and efficiency from time to time and to make changes
based on said studies; to expand, reduce, alter, combine, transfer, assign, cease, create, or
restructure any department or operation for business purposes; to control, regulate, and
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determine the number, type and use of supplies, machinery, equipment, vehicles, and
other property owned, used, possessed or leased by the County; to introduce new,
different or improved methods, means and processes of County services and operations;
to make or change rules and regulations, policies and practices for the purpose of
efficiency, safe practices and discipline; and otherwise generally to manage the County,
direct the work force, and establish terms and conditions of employment, except as
modified or restricted by a provision of this Agreement.
The County's failure to exercise any function or right hereby reserved to it, or, its
exercising any function or right in a particular way, shall not be deemed a waiver to its
rights to exercise such function or right, nor precludes the County from exercising the
same in some other way not in conflict with the express provisions of this Agreement.
The Union agrees that the County may exercise all of the above without advising the
Union of any proposed action; nor may the Union require the County to negotiate over the
decision or its effects on the employees except as altered by this Agreement. The exercise
of the rights specifically listed in this article does not preclude the employees or their
representatives from conferring with management or raising questions about the practical
consequences that decision on these matters may have on the terms and conditions of
employment.
Past practices of the Board of County Commissioners or County management shall not be
considered for the purpose of limiting the rights, responsibilities, or prerogatives of
management, nor for the purpose of enlarging upon the specific and express limitations
on management, which are contained in this Agreement.
If the County determines that civil emergency conditions exist, including but not limited
to riots, civil disorders, strikes or illegal work stoppages, hurricane conditions or similar
catastrophes or disorders, the provisions of this Agreement may be suspended by the
County during the term of the declared emergency. Notwithstanding the provisions of
Article 5, Correspondence, notice of such suspension will be given to the Union president
as soon as practicable after the determination has been made and by whatever means is
appropriate in the circumstances.
ARTICLE 8
SUBCONTRACTING
For purpose of this Agreement subcontracting shall mean work which is contracted out by
the County to an agency, person, company, or other provider which results in the direct
displacement or layoff of then existing bargaining unit employees.
The County reserves the right to subcontract work. Should subcontracting occur which
will result in bargaining unit employees being laid off, 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 Commission considers the
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9.1
9.2
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10.2
subcontracting agenda item without being held to the time limit of 5 minutes for a
representative for an organization. If employees are laid off due to subcontracting, they
shall have the rights provided under Article 25, Separations.
ARTICLE 9
AVAILABILITY
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, ifthey have either a phone or cellular phone
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.
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
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.
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 failure
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
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C. Safety hard hats
E. Safety vests
F. Safety goggles
G. Uniforms
H. Protective suits
I. Other safety related devices and/or apparel necessary to protect the employee.
Any employee shall have the right to present safety concerns and recommended solutions
in writing to the Safety Officer. The Safety Officer shall respond in writing to the
employee within 15 working days.
The County shall provide the safety policy on the web site and provide to each department
a copy for their review.
Employees determined by the County to be at risk shall be provided vaccinations for
Hepatitis "A" and Triple "T' (Typhoid, Tetanus & Diphtheria).
ARTICLE 11
UNION REPRESENTATION & ACCESS
The Union will not be required to represent in a grievance any employee who is not a
member of the Union.
For the purpose of representing employees in accordance with the provisions of Article
24, "Grievance Procedure," the Union shall designate and/or elect stewards. Each
steward will represent employees only in histher department. The Union may designate
one of the stewards to be the Chief Steward.
The business representative of the Union shall notify the Human Resources Director, in
writing, of the name of the stewards and the areas they are representing, at least three days
before they assume duty. If no such notice has been given, the County has no duty to
recognize the stewards.
The Union steward may represent the Union or Union members in matters appropriate for
grievance handling as set forth in this Agreement. Stewards may spend time on Union
business during non-working time such as before or after a shift, and during authorized
break and meal periods. In addition, when appropriate and in order to facilitate the
scheduling of meetings and resolution of grievances, the County Administrator, in his
sole discretion, or his designee may grant time off with pay to a steward to attend
grievance hearings or meetings.
Officers or agents of Teamsters Local Union # 769, except County employees on duty,
shall be allowed reasonable access to work sites and locations of the County with the
advance consent of appropriate County officials, which consent will not be unreasonably
withheld, provided that such access shall in no way interfere with the efficient operation
of any department or crew.
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2 11.6 The Union agrees that, during the term of this Agreement, its non-employee
3 representatives and stewards shall deal only with the County Administrator, the County
4 Attorney, or the Human Resources Director, or their designees, in matters subject to
5 discussion in this Agreement. This does not prohibit a steward from addressing the
6 concerns of individual employees with a supervisor or department head.
7
8 11.7 No Union member, agent or representative of the Union, or any person acting on behalf
9 of the Union may solicit County employees during the working hours of any employee
10 who is involved in the solicitation, nor distribute literature during working hours in areas
11 where the actual work of County employees is performed.
12
13 ARTICLE 12
14
15 PAYROLL DEDUCTION. UNION INITIATION FEES AND UNION DUES
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17 12.1 Upon receipt of a signed authorization in an acceptable form from an employee, the
18 initiation fee and regular monthly dues of the Union shall be deducted from such
19 employee's pay. Such deduction shall be effective on the next regular dues deduction
20 period following the date it is received in the Human Resources Department. The County
21 will not deduct dues in arrears except to correct errors made by the County.
22
23 12.2 Monthly Union dues shall be deducted in equal amounts in each of the twenty-six pay
24 periods of each year and shall be remitted by the County no later than the fifteenth of the
25 following month to the officer and address designated by the secretary-treasurer of the
26 Union. The Union will promptly refund to the County any amount paid to the Union in
27 error on account of the dues deduction provision. The Union shall give the County a
28 minimum of thirty days written notice of the effective date and amount of any change in
29 the amount of the dues to be deducted.
30
31 12.3 No deduction shall be made from the pay of any employee during any payroll period in
32 which the employee's net earnings for the payroll period are less than the amount of dues
33 to be paid, or where the deduction would result in an employee being paid less than the
34 minimum wage and/or overtime amount required by law.
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36 12.4 An authorization for dues deduction may be canceled after thirty days from the date
37 written employee notice of the cancellation is received by the Union. The Union
38 Secretary-Treasurer will notify the County in writing to cease deductions.
39
40 12.5 The Union shall indemnify the County and any department of the County and hold it
41 harmless against any and all claims, demands, suits, or other forms of liability that may
42 arise out of, or by reason of, any action taken by the County or any department of the
43 County for the purpose of complying with the provisions of this article,
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Rev. 10/6/09
1 12.6 An employee transferred to a classification not in the bargaining unit or whose
2 employment is terminated shall cease to be subject to Union dues deduction beginning
3 with the month after the month in which such change in employee status occurs.
4
5 ARTICLE 13
6
7 NO STRIKE - NO LOCKOUT
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9 13.1 During the term of this Agreement, neither the Union nor its agents nor any employee, for
10 any reason, will authorize, institute, aid, condone, or engage in a slowdown, work
11 stoppage, strike, or any other interference with the work and statutory functions or other
12 obligations of the County. During the term of this Agreement neither the County nor its
13 agents for any reason shall authorize, institute, aid, or promote any lockout of employees
14 covered by this Agreement as a result of a labor dispute with the Union, unless there is a
15 violation of the Union's no strike commitment.
16
17 13.2 The Union agrees to notify all local officers and representatives of their obligation and
18 responsibility for maintaining compliance with this article, including their responsibility
19 to remain at work during any interruption which may be caused or initiated by others, and
20 to encourage employees violating Article 13 to return to work.
21
22 13.3 The County may discharge or discipline any employee who violates Section 13.1 and any
23 employee who fails to carry out his responsibilities under Section 13.1, and the Union
24 will not resort to the grievance procedure on such employee's behalf except to determine
25 if the prohibited action did in fact occur.
26
27 13.4 Nothing contained herein shall preclude the County from obtaining judicial restraint and
28 damages in the event of a violation ofthis article.
29
30 ARTICLE 14
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32 OUTSIDE EMPLOYMENT
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34 14.1 A. Full-time employees may engage in other employment during their off-duty hours.
35 However, County employment must be considered the primary employment. Employees
36 shall not, directly or indirectly, engage in any outside employment or financial interest
37 which may conflict, in the County's opinion, with the best interests of the County or
38 interfere with the employee's ability to perform the assigned County job. Examples
39 include, but are not limited to, outside employment which:
40 I) 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, computers, supplies, or any other resources, facilities, 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.
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I B. Employees shall not be instructed or allowed to perform work for private individuals
2 or other governmental agencies as part of his/her County employment except in those
3 instances where such work is part of contract arrangements entered into by the Board of
4 County Commissioners with such private individuals or government agencies, or in those
5 cases where under prior Board of County Commission policy, the employee is to give
6 service in an emergency situation.
7
8 14.2 Employees who have accepted outside employment are not eligible for paid sick leave
9 when the leave is used to work on the outside job. Fraudulent use of sick or personal
10 absences will be cause for disciplinary action.
11
12 ARTICLE 15
13
14 ATTENDANCE AND PUNCTUALITY
15
16 15.1 It is the policy of the County to require employees to report for work punctually as
17 scheduled and to work all scheduled hours and any required overtime. Excessive
18 tardiness and excessive absences disrupt workflow and customer service and will not be
19 tolerated.
20
21 15.2 Unauthorized or excessive absences or tardiness will result in disciplinary action, up to
22 and including termination. Absences in excess of those allowed by policy, tardiness or
23 leaving early without proper authorization are grounds for discipline.
24
25 15.3 Employees should notify their supervisor, as far in advance as possible whenever they are
26 unable to report for work, know they will be late, or seek permission to leave early.
27 Notification shall not be later than 1 hour after start time of employee's normal shift start.
28 Such notification should include a reason for the absence and an indication of when the
29 employee can be expected to report for work. If the supervisor or department head is
30 unavailable, the division clerk or the County Administrator should be contacted and given
31 the same information.
32
33 15.4 Employees who report for work without proper equipment or in improper attire may not
34 be permitted to work. Employees, who report for work in a condition deemed not fit for
35 work, whether for illness or any other reason, will not be allowed to work.
36
37 15.5 Employees are expected to report to their supervisor after being late or absent, giving an
38 explanation of the circumstances surrounding their tardiness or absence, and certify that
39 they are fit to return to work.
40
41 15.6 Employees who are absent from work for three consecutive workdays without giving any
42 notice to the County will be considered as having "abandoned their position" and thereby
43 voluntarily quit.
44
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] ARTICLE 16
2
3 HOURS OF WORK
4
5 16.1 The workweek shall start at 12:01 a.m. Sunday and end at 12:00 midnight Saturday,
6 unless otherwise approved by the County Administrator. The County shall not
7 indiscriminately change regularly scheduled working hours and days off of employees
8 covered by this Agreement. Changes shall be made by reason of operational necessity
9 and/or efficiency. Such changes require at least five working days notice to the affected
IO employees except in the case of valid public necessity, such as equipment failure,
11 unanticipated employee absences, and the like. Employees' regular work schedules shall
12 contain two consecutive days off
13
14 16.2 Employees classified as regular full time will receive a total of one unpaid hour for
15 meal/rest period per work shift, the time and sequence of which will be determined by the
16 Supervisor and approved by the Department Head. If it is necessary for the non-exempt
17 employee to work without a meal/rest period he/she will be otherwise compensated for
18 that time. All other employees will receive meal or rest periods in an amount and time
19 deemed appropriate by their Supervisor. Meal and rest periods shall be scheduled by the
20 Department Head consistent with the effective operation of the department and may be
21 rescheduled whenever necessary.
22
23 ARTICLE 17
24
25 OVERTIME
26
27 17.1 It is the policy of the County to work its employees within the regularly scheduled
28 workweek unless conditions warrant.
29
30 17.2 Management may schedule overtime beyond the standard hours when it is in the best
31 interest of the County and is the most practical and economical way of meeting workloads
32 or deadlines.
33
34 17.3 Employees may be required to work overtime when requested by management unless
35 excused by management. Employees may volunteer to work overtime and should
36 communicate that interest to their supervisors. Overtime will only be scheduled for those
37 employees fully qualified to perform the work required. In all work units, the County will
38 make reasonable efforts to equalize overtime among employees who are similarly
39 classified, except as addressed in Section 17.4 below. All other factors being the same,
40 seniority may be used as a selection factor.
41
42 17.4 For overtime computation, only time worked shall be considered as time worked.
43 Absences from work will not be counted as time worked for overtime computation.
44
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Rev. 1O/6!O9
1
2 ARTICLE 18
3
4 ON-CALL/ST ANDBY
5
6 On-call duty assignments occur when a supervisor expressly orders that an employee
7 perform a certain function. These assignments are made when a supervisor mandates that
8 an employee be available for work due to an urgent situation during off-duty time. Such
9 assignments will be given to the employees who normally perform the work during
10 normal hours of work. For employees on a standby status, one hour of pay at time and
11 one-half will be paid for each regular workday. Two hours of pay at time and one-half
12 will be paid for each non-work day and holidays. On-call hours shall be in addition to
13 time worked.
14
15
16 ARTICLE 19
17
18 CALL BACK
19
20 19.1 Call back is work due to an emergency or other urgent situations during off-duty hours.
21 Callback pay shall be paid to employees either called during off duty hours or called back
22 to a work site during off duty hours. This pay shall be as follows: (a) one hour paid for
23 employees called on the phone (or the actual time spent on the phone calls, whichever is
24 greater) during off duty hours when the problem is resolved over the telephone and does
25 not require the employee to report to a job site, or (b) two hours of payor the actual time
26 worked, whichever is greater, for an employee called back to a work site during off duty
27 hours. This time shall be considered as time worked for computing overtime. The call or
28 call back of any employee requires the prior approval of the department head or designee.
29
30 19.2 The parties agree that when an employee is regularly scheduled to come to a County
31 building in order to open and close the building for a third party is not "call back" as that
32 term is defined in the previous paragraph, but that the employee who is called to work for
33 the purpose will be entitled to a minimum of two (2) hours or actual time worked,
34 whichever is greater, computed from the time the employee arrives at the County building.
35
36 ARTICLE 20
37
38 TEMPORARY ASSIGNMENTS
39
40 20.1 The County may temporarily assign or appoint any employee to perform work, which
41 would normally be done by an employee in another classification, when at the discretion
42 of the County such an assignment, or appointment is necessary.
43
44 20.2 An employee temporarily assigned to perform work outside his normal classification shall
45 suffer no loss of pay should said temporary assignment be to a lower classification.
46
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Rev. 10/6/09
1 20.3 An employee may be assigned to work in a higher classification up to one year, unless
2 otherwise determined by the County Administrator. An employee required to work in a
3 higher classification 30 consecutive working days or less may be required to do so at no
4 increase in pay. If the employee is required to work beyond this period, he or she should
5 be given a temporary transfer to the higher classification and be paid the appropriate rate
6 for the higher classification retroactively applied to day one he or she served in such
7 higher classification and every consecutive working day thereafter. At the conclusion of
8 the assignment, pay shall revert to the authorized rate established for his regular position.
9 Any such temporary increase granted shall not affect the employee's eligibility for normal
10 salary advancement.
11
12 ARTICLE 21
13
14 PROBATIONARY PERIOD
15
16 21.1 The probationary or "working test" period is an integral part of the hiring and promotion
17 process. It is utilized to closely observe the new employee's work, to secure the most
18 effective adjustment of a new employee to the position, and to reject any employee whose
19 performance does not meet the required work standards. Probationary employees are
20 generally ineligible for employee requested transfers or promotions unless the County
21 Administrator or Division Director determines that it is in the best interest of the County
22 to waive this rule. Probationary employees who are permitted to transfer or promote shall
23 have their new probationary period run concurrent with their existing probationary period.
24
25 21.2 COUNTY VERSION:
26
27 The probationary period shall be twelve consecutive months from the employee's first
28 day of work with the County. If the employee has completed the probationary period, the
29 employee shall be placed on regular status. The County reserves the right to extend the
30 probationary period for up to three months. Such a decision shall be made at least two
31 weeks before the end of the initial probationary period, and notice shall be provided to
32 both the employee and the Union representative.
33
34 21.2 UNION VERSION:
35
36 The probationary period shall be nine consecutive months from the employee's first day
37 of work with the County. If the employee has completed the probationary period, the
38 employee shall be placed on regular status. The County reserves the right to extend the
39 probationary period for up to three months. Such a decision shall be made at least two
40 weeks before the end of the initial probationary period, and notice shall be provided to
41 both the employee and the Union representative.
42
43
44 21.3 Regular status denotes final appointment in a specific County position and classification
45 following successful completion of the probationary period.
46
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Rev. 10/6/09
1 21.4 Newly hired probationary employees may be dismissed at any time at the discretion of the
2 County and are not entitled to the Career Service procedures or payments of sick leave at
3 time of termination.
4
5 21.5 If an employee who is serving a probationary period incurred as a result of a promotion is
6 found to be unqualified to perform the duties of the higher position, a good faith effort
7 will be made to return the employee to the position and status held immediately prior to
8 the promotion. If the employee's former position is filled or otherwise unavailable, the
9 employee may be transferred to a vacant position for which the employee qualifies. If no
10 vacancy exists for which the employee is qualified, the employee will be placed in a lay-
11 off status with recal.1 rights.
12
13
14 ARTICLE 22
15
16 PROMOTIONS - JOB OPENINGS
17
18 22.1 In filling all vacancies in the bargaining unit, employees shall meet the qualification
19 standards of education, training, experience, and other requirements for the position to
20 which the promotion is being sought. Standards and qualifications will be established to
21 meet the basic requirements ofthe position.
22
23 22.2 Job openings will be posted on the employee bulletin boards a mllllmUm of seven
24 calendar days. Employees, excluding temporary and all probationary employees, may
25 initiate a written request for transfer/promotion consideration.
26
27 22.3 An employee's eligibility for promotion will be determined by the requirements of the
28 new job. In addition, the employee must have both a satisfactory performance record and
29 no disciplinary actions (written warning or greater) during the preceding three-month
30 period. Employees along with external applicants will be considered. All things being
31 equal, and if consistent with affirmative action plans, senior employees shall have
32 preference, but there will be no guarantee of promotion. Current employee candidates for
33 promotion will normally be screened and selected on the basis of attendance and work
34 records, performance appraisals, and job-related qualifications induding, in some
35 instances, aptitude tests. Seniority will prevail if two or more candidates are judged to be
36 equally qualified.
37
38 22.4 Promoted employees shall receIve a 5% raise or the mllllmUm of the new grade,
39 whichever is greater.
40
41 22.5 Promoted employees will be placed on "promotion probation" status for a period of three
42 months.
43
44 22.6 The County agrees to post management vacancies and will gIve bargaining unit
45 employees consideration in filling those vacancies.
46 22.7 The County will notify the Union of every job opening by sending an e-mail to the
47 Business Representative at the time that the job opening is advertised internally.
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Rev. 10/6/09
1
2 ARTICLE 23
3
4 DISCIPLINE
5
6 23.1 No employee covered by this Agreement shall be disciplined or discharged without
7 proper cause. All discipline or discharge notices shall be in writing with a copy provided
8 to the employee. Such notices shall contain as complete and precise an explanation as
9 possible for the action being taken.
10
11 23.2 The County agrees with the tenets of progressive and corrective discipline; however, the
12 County has the right to review the employee's work history and prior record of
13 disciplinary action when determining the appropriate action to be taken. The County may
]4 provide employees with notice of deficiencies and an opportunity to improve.
15 Notwithstanding the County's embrace of progressive and corrective discipline, the
16 County reserves the right to discipline employees for cause when the County deems it to
17 be appropriate.
18
19 23.3 Disciplinary actions or measures may include, subject to the rules of the Board of County
20 Commissioners, any of the following:
21 A. Oral warning
22 B. Written reprimand
23 C. Suspension
24 D Demotion
25 E. Discharge
26
27 23.4 All discipline in the form of adverse employment action must be processed exclusively
28 through the grievance-arbitration procedure herein. The Union waives the right of all
29 bargaining unit members to utilize the Career Service Act procedures for any purpose.
30
3] 23.5 COUNTY VERSION:
32
33 Disciplinary actions older than 5 years shall not be considered for purposes of progressive
34 discipline.
35
36 23.5 UNION VERSION:
37
38 Disciplinary actions older than 3 years shall not be considered for purposes of progressive
39 discipline.
40
41 ARTICLE 24
42
43 GRIEV ANCE AND ARBITRATION
44
45 GRIEVANCE PROCEDURE
46
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46
24.1
24.2
24.3
24.4
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.
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 maimer described herein, and
unless filed in a malUler 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.).
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.
Rules of Grievance Processing:
(A) The time limitations set forth in this Article are the essence of the Agreement. A
grievance not advanced to the higher step by the Union or the grievant within the
time limit provided shall be deemed permanently withdrawn and as having been
settled on the basis for the decision most recently given. Failure on the part of the
County's representative to answer within the time limit set forth in any step will
entitle the employee to proceed to the next step. The time limit at any stage of the
grievance procedure may be extended by written mutual agreement of the parties
involved in that step.
(B) A grievance presented at Step 2 and above shall be dated and signed by the
aggrieved employee presenting it. A copy of the grievance must be forwarded to
Human Resources by the grievant and/or the Union. The departmental fax
machine will be made available for this purpose. A decision rendered shall be
written to the aggrieved employee with copy to the Union and shall be dated and
signed by the County's representative at that step.
(C) When a written grievance is presented; the County's representative shall return a
dated and signed copy of it at that particular step.
(0) When a grievance is reduced to writing there shall be set forth:
Rev. 10/6/09
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1. A complete statement of the grievance and the facts upon which it is
based;
2. The section or sections of this Agreement claimed to have been violated;
3. Any witnesses to the event or occurrence; and
4. The remedy or correction requested.
(F) In the settlement of any grievance resulting in retroactive adjustment, such
adjustment shall be limited to ten calendar days prior to the date of the filing of
the grievance.
STEPS FOR GRIEVANCE PROCESSING
Step I: In the event a grievance arises, the employee must present a written grievance using the
form attached to this Agreement as Exhibit B to his immediate supervisor within three working
days after the employee had knowledge of the event or occurrence giving rise to the grievance.
The aggrieved employee may request a representative of the Union to be present. Discussions
will be informal for the purpose of settling differences in the simplest and most direct manner.
The supervisor will consult with the department head. The department head shall reach a
decision and communicate it in writing to the aggrieved employee with a copy to the Union
within ten working days from the date the grievance was presented to the supervisor.
Step 2: If the grievance is not settled in the first step, the aggrieved employee, within five
working days, shall forward the written grievance to the division director. The division director
shall meet with the aggrieved employee, who may be accompanied by a Union steward and the
Union chief steward. Within ten working days after the receipt of the grievance, unless such time
is mutually extended in writing and the grievance is not resolved, the grievance may then be
forwarded to Step 3.
Step 3: Ifthe grievance is not settled in Step 2, the Union has ten (10) working days from receipt
of the Step 2 answer to submit a written appeal to the County Administrator or his designated
representative. Within ten (10) working days thereafter, a meeting shall be held between the
County Administrator (or designee), the Union Agent, the Shop Steward, and the grievant. The
County Administrator shall provide his written answer within ten (10) working days following
such meeting. The parties may be mutual written agreement extend the above timelines without
loss of rights under this Article.
Step 4: In the event that the grievance is not settled boarding Step 3, 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 County) of the written response of the resolution board. A
panel of seven (7) arbitrators will be requested from the Federal Mediation and Conciliation
Service. The parties shall alternately strike names from the list until an arbitrator is selected. For
the first arbitration following the implementation of this Agreement, the County shall strike the
first name. Thereafter, the Union shall be required to strike the first name in the next arbitration
- 18 -
Rev. 10/6109
1 case. For subsequent arbitrations, the parties shall continue to alternate. Both parties shall have
2 the right to reject one panel, and request another from which the arbitrators must be chosen using
3 the above-prescribed procedure. Hearings before the arbitrators shall be conducted in accordance
4 with the rules of the Federal Mediation and Conciliation Service. The Union and the County
5 shall each pay l;i of the Arbitrator's fees and expenses.
6
7 24.5 As promptly as possible after the arbitrator has been selected, the arbitrator shall conduct
8 a hearing between the parties and consider the grievance. The decision of the arbitrator
9 will be served upon the Union and the County in writing. It shall be the obligation of the
10 arbitrator to issue his/her decision within 60 calendar days after the close of the hearing to
11 include receipt of post-hearing briefs. Any party desiring a transcript of the hearing shall
12 bear the cost of such transcript unless the parties mutually agree to share the cost. Each
13 party shall bear the expense of its own witnesses and of its own representatives for
14 purposes of the arbitration hearing.
15
16 24.6 The jurisdiction and authority of the arbitrator and his opmlOn and award shall be
17 confined exclusively to the interpretation and/or application of the express provision(s) of
18 this Agreement. He shall have no authority to add to, detract from, alter, modifY, amend
19 or modifY any provision of this Agreement; or to establish or alter any wage rate or wage
20 structure. No liability shall be assessed against the County for a date prior to the date of
21 the grievance is submitted in writing, or, in disciplinary cases, from the date of the
22 discipline or discharge.
23
24 The arbitrator shall not hear or decide more than one (1) grievance without the mutual
25 consent of the County and the Union. The written award of the arbitrator on the merits of
26 any grievance adjudicated within his jurisdiction and authority shall be final and binding
27 on the aggrieved employee, the Union and the County, provided that either party shall be
28 entitled to seek review of the arbitrator's decision as provided by law. With respect to
29 arbitration involving the layoff, discipline or discharge of employees, the arbitrator shall
30 have the authority to order the payment of back wages and benefits the employee would
31 otherwise have received but for his discipline or discharge (less compensation, including
32 unemployment compensation payments and other compensation earned elsewhere during
33 the period attributable to the layoff, discipline or discharge in issue, and less any amounts
34 caused by the grievant's failure to mitigate his or her damages.) The arbitrator shall have
35 no authority to award compensatory or punitive damages or attorney's fees.
36
37 24.7 The arbitrator may not issue declaratory opinions and shall be confined exclusively to the
38 question, which is presented, which question must be actual and existing.
39
40 24.8 Nothing in this Agreement shall prohibit the presence of a Union representative at any
41 steps of the grievance procedure.
42 24.9 No claimed violation of any federal statute, state or local law, rule or regulation shall be
43 subject to the grievance-arbitration procedure.
44
45
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Rev. 10/6/09
1 ARTICLE 25
2
3 SEPARATIONS
4
5 25.1 The effective date of separation shall be the last day on which the employee is present for
6 duty unless otherwise specified herein.
7
8 25.2 Resignation is defined as an action whereby an employee voluntarily leaves County
9 employment. An employee with no pending disciplinary action wishing to leave the
10 County in good standing shall file with the County a written resignation, stating the
11 effective date and reasons for leaving. Such notice must be given at least two weeks prior
12 to the date of separation. Employees who are absent from work for three consecutive
13 workdays without being excused or giving proper notice of their absence will be
14 considered as having voluntarily quit.
15
16 25.3 Retirement is defined as a voluntary or involuntary procedure whereby an employee
17 separates from County employment for reasons of length of service or disability. The
18 Florida Retirement System shall govern all retirement regulations and benefits. Neither
19 the employee nor the Union may use the grievance-arbitration procedures outlined in
20 Article 24 to address complaints concerning the Florida Retirement System.
21
22 25.4 Termination of employment shall be effective as of the date of death. All County
23 compensation and County benefits due to the employee as of the effective date of death
24 shall be paid to the beneficiary, surviving spouse, or the estate of the employee, as
25 determined by law or by executed forms in the employee's personnel file.
26
27 25.5 If a layoff does occur all temporary employees and newly hired probationary employees
28 within affected divisions will be terminated first. The only exception would be if the
29 temporary or newly hired probationary employee has a particular skill required to perform
30 certain duties and no one else employed by the County is qualified. Permanent
31 employees are to be laid off based on their length of continuous service, provided that the
32 employees who are retained have the demonstrated ability and fitness to perform the
33 available work. Laid-off permanent employees shall be placed in open positions for
34 which they are qualified.
35
36 25.6 COUNTY VERSION:
37
38 If an employee is laid off, the employee will be compensated for his sick and vacation as
39 if he were voluntarily quitting. Employees eligible for sick leave payment per Article
40 28.4 shall have the option ofleaving the sick leave on account for up to one year. A laid-
41 off employee shall be eligible for conversion of employee health care benefits at the
42 employee's expense. Laid-off employees remain eligible for recall into positions
43 previously held with the County or for which they are qualified for a period of one year
44 from the layoff date, except this provision shall not apply if the employee accepts another
45 position within the County within this time period. Any employee so recalled shall be
46 subject to passing a typical pre-employment screening. No continuous service benefits of
47 any kind shall accrue during the layoff period. The County will notifY said laid off
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Rev. 10/6/09
1 employee in writing via email of positions for which he/she may be qualified, with a copy
2 to Union, for a period of one year following the layoff date
3
4 25.6 UNION VERSION:
5
6 If an employee is laid off, the employee will be compensated for his sick and vacation as
7 if he were voluntarily quitting. Employees eligible for sick leave payment per Article
8 28.4 shall have the option of leaving the sick leave on account for up to one year. A laid-
9 off employee shall be eligible for conversion of employee health care benefits at the
10 employee's expense. Laid-off employees remain eligible for recall into positions
11 previously held with the County or for which they are qualified for a period of three years
12 from the layoff date, except this provision shall not apply if the employee accepts another
13 position within the County within this time period. Any employee so recalled shall be
14 subject to passing a typical pre-employment screening. No continuous service benefits of
15 any kind shall accrue during the layoff period. The County will notify said laid off
16 employee in writing via email of positions for which he/she may be qualified, with a copy
17 to Union, for a period of one year following the layoff date
18
19
20
21 25.7 A discharge is the involuntary separation of an employee from County employment.
22 Employees discharged for disciplinary reasons shall not generally be eligible for re-
23 employment and shall lose all seniority and reinstatement privileges. The County will
24 notify the Union steward upon the discharge of an employee in the bargaining unit but
25 failure to give such notice shall not affect the validity of the discharge.
26
27 25.8 The final pay for terminated employees will be prepared for distribution on the next
28 normally scheduled pay date following the termination date. It can be mailed to the last
29 address designated by the employee. Final pay will be paid on a normally scheduled pay
30 period.
31
32 25.9 At the time of separation and prior to receiving final monies due, all records, books,
33 assets, uniforms, keys, tools, and other items of County property in the employee's
34 custody shall be returned to the department.
35
36 25.10 Any outstanding debts incurred by an employee, which are due the County, shall be
37 deducted from the employee's final paycheck and/or termination leave pay.
38
39 ARTICLE 26
40
41 INSURANCE
42
43 26.1 Bargaining unit employees will be eligible for coverage under the County's insurance
44 plans for all other similarly-situated personnel. The County reserves the right to change
45 insurance carriers or benefits or both, and the Union hereby expressly waives any right to
46 bargain over such a decision; provided, however, that the County will bargain with the
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Rev. 10/6/09
] Union over the effects of any change in insurance carriers or benefits, if the Union
2 requests that such bargaining occur.
3
4
5 ARTICLE 27
6
7 LEAVES OF ABSENCE
8
9 27.1 Jury Duty and Court Leave.
10
11 A A full-time employee who is summoned to jury duty by a city, the County (Monroe),
12 the State of Florida, or the Federal Government or subpoenaed to appear in court as a
13 witness in a criminal or civil action arising from his or her county emplo)1Tlent shall be
14 granted time off with pay for the time actually spent on jury duty or in the court
15 appearance. Fees paid by the court will be retained by the employee unless otherwise
16 determined by the County Administrator. As conditions precedent to receiving time off
17 with pay for jury duty or court appearance of the aforesaid nature, the employee must:
18
19 (a.) Notify hislher Department Head of the summons or subpoena
20 immediately upon receipt, produce the summons or subpoena to hislher
21 Department Head upon request, and provide the Department Head with an
22 estimate of the duration of the absence;
23
24 (b.) Report to the Department Head immediately upon the conclusion or
25 continuance of such jury duty or court appearance;
26
27 (c.) Report status of jury duty to supervisor or designee on a daily basis.
28
29 B. Any employee on jury duty as specified above, and who is released or excused from
30 jury duty during normal working hours, will immediately contact his or her supervisor in
31 order to determine whether the employee will be required to report back to work.
32 Employees who work a 24 hour shift, will contact their Department Head (or designee)
33 when released from jury duty. If the Department Head (or designee) determines that the
34 employee could not effectively complete his or her work shift, the employee may be
35 granted time off with pay for the remainder of the shift.
36
37 C. The County, in its discretion, may reschedule the working hours and days of work of
38 an employee employed on other than a full-time basis who is summoned to jury duty or
39 subpoenaed to appear in court as a witness by a city, the County (Monroe), the State of
40 Florida, or the Federal Government in a criminal or civil action arising from his or her
41 county emplo)1Tlent. If, in the County's judgment, it is not feasible or practical to
42 schedule the employee's hours of work around such, the County shall grant the employee
43 time off with pay for the time actually spent on jury duty or in the court appearance. As
44 conditions precedent to receiving time off with pay for jury duty or court appearance of
45 the aforesaid nature, the employee must abide by the provisions contained above in
46 Article 27.1, (a), (b) and (c).
47
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1 D. If any employee is subpoenaed as a witness other than in the specific circumstances
2 described above, the County will grant the employee leave without pay to the extent that
3 the Department Head so approves.
4
5 E. Notwithstanding any of the provisions of Article 27.1-A above, no employee shall
6 receive pay from the County where the employee is a plaintiff, claimant, or witness
7 against the County in a matter contrary to the County's interests.
8
9 F. Any employee subpoenaed or otherwise requested to be a participant in any legal
10 matter related to County business must inform the County Attorney's office as soon as
11 possible after receiving said notification.
12
13 27.2 Military Leave
14
15 An employee may request military leave to serve on active duty in an emergency or
16 required annual duty, and shall be compensated in accordance with state law, and federal
17 law. Any claimed violation of this policy must be resolved exclusively through
18 administrative-judicial procedures, and not through the grievance-arbitration procedures
19 set forth herein.
20
21 27.3 Family Medical Leave Act
22
23 The County's policy is contained at Section 8.05 of the County's Personnel Policies and
24 Procedures. FMLA is governed by applicable federal law. Any claimed violation of this
25 policy must be resolved exclusively through administrative-judicial procedures, and not
26 through the grievance-arbitration procedures set forth herein.
27
28 27.4 Bereavement Leave
29
30 All employees covered under this policy shall be granted up to two working days off with
31 pay in order to attend a funeral of a member of the employee's immediate family. The
32 immediate family shall be construed to mean one of the following: Spouse, parent, son,
33 daughter, sister, brother, domestic partner, legal guardian, grandparent or in-laws.
34 Additional time off (over and above the two working days herein provided) may be
35 approved by the Department Head, and charged to sick or annual leave. Additionally, the
36 County may require proof of death of a family member before making pa)'111ent for leave.
37
38
39 ARTICLE 28
40
41 PAID SICK LEAVE
42 28.1 SICK LEAVE
43
44 A. ELIGIBILITY
45
46 All salaried employees with regular status working 20 hours or more per week
47 shall have the privilege of accruing sick leave in accordance with these policies.
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Rev. 10/6109
1
2 Employees shall not be eligible to use sick leave until they have been in the
3 County service for 90 days, unless recommended by the Department Head and
4 approved by the Division Director. Verification of illness by a physician may be
5 required.
6
7 B. ACCRUAL OF SICK LEAVE
8
9 All regular, full-time employees will accrue 4 hours sick leave per pay period.
10
11 There will be no limit of the amount of sick leave that can be accrued.
12
13 Sick leave for employees working less than 40 hours per week, but at least twenty
14 (20) hours per week will be prorated according to the hours worked.
15
16 When there has been a break in service of 48 hours or more, the employee upon
17 reinstatement or re~employment will begin accruing sick leave as a new employee.
18 Employees who are on leave without pay for more than 8 hours during a pay
19 period will not accrue sick leave for that pay period.
20
21 C. USE OF SICK LEAVE
22
23 1. Sick leave shall be used only with the approval of the applicable Department
24 Head, Division Director or County Administrator and shall not be authorized prior
25 to the time it is earned and credited to the employee except in cases of prearranged
26 medical appointments, surgery or other health-related matters.
27
28 2. Sick leave shall be authorized only in the event of:
29
30 (a.) The employee's personal illness, injury or exposure to a contagious
31 disease which would endanger others.
32
33 (b.) Illness or injury of a member of the immediate family. (see definition
34 of immediate family.)
35
36 (c.) The employee's personal appointments with a practitioner when it is
37 not possible to arrange such appointments for off-duty hours, but not to
38 exceed the extent of time required to complete such appointments.
39
40 (d.) Prearranged surgery or other health-related matters.
41
42 D. Monroe County has established a Sick Leave Pool for eligible full-time employees
43 designed to aid the employee suffering from an extended illness or injury (See
44 Administrative Instruction 4702 for rules and enrollment procedures).
45
46 28.2 MEDICAL JUSTIFICATION
47
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Rev. 10/6/09
1
2
3
4
5
A. Sick leave is a privilege, and not a benefit. In fact, use of sick time actually causes a
hardship on the County. The County must, therefore, ensure that employees utilizing sick
leave are complying with The Monroe County Personnel Policies and Procedures.
Employees must meet the following conditions in order to be granted sick leave with pay:
6
7 (I) Notify his/her immediate Supervisor as soon as the employee learns that
8 he/she will be Wlable to report to work in accordance with individual department
9 policy. The employee shall call in to his/her immediate Supervisor at least one (I)
10 time on each consecutive shift thereafter, that the employee will miss work
11 because of sick leave.
12
13 (2) File a written report (after returning to work) explaining the nature of the
14 illness when required, by her Supervisor or Department Head.
15
16 (3) Permit medical examination, nursing visit or any County inquiry (telephone
17 call, visit to the employee's house, etc.) deemed appropriate by the County to
J 8 document the illness of the employee or family member.
19
20 The Department Head is responsible for following up on sick leave use and for ensuring
21 that there is no sick leave abuse. The Department Head may require any employee to
22 bring in a note from his or her personal physician for absences of three (3) consecutive
23 working days or more. However, if a Department Head reasonably suspects that an
24 employee is abusing sick leave, said Department Head may require that any use of sick
25 leave by the employee for herself or family member be justified by a note from a
26 physician. Further, in the event that a Department Head is Wlsatisfied with the initial
27 doctor's note, he may require the employee or family member to be examined by a
28 County - designated physician at the County's expense.
29
30 B. If it is determined that the employee is unfit to continue working, the Department
31 Head may require the employee to use any part of his accrued sick leave, compensatory
32 time or annual leave and may thereafter require the employee to take such leave without
33 pay as is medically determined sufficient to restore him to normal health, however, this
34 will in no way prevent the County from separating him from emplo}1llent if the absence
35 would be of such duration as to pose a hardship on the operations of the Department.
36
37 C. The Department Head may require, at any time, an employee to present medical
38 evidence that he is physically or mentally fit to work and/or the Department Head may
39 require an employee to be examined by a County-designated physician or psychiatrist, at
40 the County's expense.
41
42 D. If the employee's illness is covered by FMLA, the COWlty'S FMLA policy will govern
43 entitlement to leave and the terms and conditions of that leave.
44
45 28.3 NOTIFICATION OF ABSENCE
46
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Rev. 10/6/09
I If absent for three consecutive work days without reporting to the Supervisor a reason
2 sufficient to justity the absence, the employee may be removed from the payroll as having
3 voluntarily resigned without notice. The Supervisor is to notity the Department Head.
4 Any unauthorized absence may be cause for disciplinary action, up to and including
5 termination
6
7 28.4 COUNTY VERSION:
8
9 PAYMENT OF UNUSED SICK LEAVE
10
11
12 A. An employee who terminates with less than five (5) years continuous service shall
13 not be paid for any unused sick leave credits.
14
15 B. Employees with varying years of continuous service shall, upon separation, from
16 the County in good standing, death or retirement, receive incentive sick leave pay as
17 follows:
18
19 5 to 10 years of service - 1/4 of all accrued sick leave, with a maximum of 30
20 days.
2]
22 10 to 15 years of service - 112 of all accrued sick leave, with a maximum of 90
23 days.
24
25 15 years or more - 1/2 of all accrued sick leave, with a maximum of 120 days.
26
27 C. The payments made as terminal pay for unused sick leave, whether paid as salary or
28 otherwise, shall not be used in the calculation of average final compensation for
29 retirement.
30
31 D. Employees who leave the County service without proper notice or who are terminated
32 for just cause may be denied payment of accrued sick leave.
33
34 28.4 UNION VERSION:
35
36 PAYMENT OF UNUSED SICK LEAVE
37
38
39 A. An employee with sick leave in excess of 480 hours accrued on September 30th of
40 each fiscal year will be paid a maximum of 52 hours of sick leave at the rate of pay in
41 effect on September 30tn. In no event will an employee be paid in excess of 52 hours
42 unless separation from the County occurs as covered under the provisions of this section.
43 Employee may elect to retain sick leave accrual and must notity Personnel by September
44 1 of each fiscal year if they do not want to receive pa}TIlent for unused sick leave.
45
46 B. An employee who terminates with less than five (5) years continuous service shall
47 not be paid for any unused sick leave credits.
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Rev. 10/6109
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2
3
4
5
6
7
8
9
10
II
12
13
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15
16
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29.1
29.2
Rev. 10/6109
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 as
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 as 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 terminated
for just cause may be denied payment of accrued sick leave.
ARTICLE 29
HOLIDAYS
OFFICIAL HOLIDAYS
The following are holidays which shall be observed by all County offices in which
functions can be discontinued without adversely affecting required services to the public:
New Year's Day
Presidents Day
Martin Luther King's Birthday
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
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.
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.
- 27 -
1
2 29.3 WORK DURING HOLIDAYS
3
4 Each employee shall observe all holidays designated in this Section, provided that the
5 work load of the department is, in the discretion of the County Administrator, such that
6 the employee's work load cannot be discontinued without causing a hardship to the
7 County.
8
9 In the event that the work load in any department does not permit the observance of any
10 designated holiday, all employees required to work on said designated holiday, or if
11 holiday falls on employees designated day off, may be granted another day's leave in lieu
12 of the holiday or paid for the work performed on the holiday. If employee wishes to
13 substitute a holiday, it will be scheduled in the manner as annual leave.
14
15 29.4 HOLIDAYS FALLING ON WEEKENDS
16
17 Unless otherwise specified by the Board of County Commissioners - when a holiday falls
18 on a Saturday, the preceding Friday shall be observed as a holiday - when a holiday falls
19 on a Sunday, the following Monday shall be observed as a holiday.
20
21 Some County facilities are open on Saturdays and Sundays. When a holiday falls on a
22 Saturday or Sunday, those facilities will observe the holiday on the actual holiday in lieu
23 of the normally scheduled County Holiday.
24
25 29.5 HOLIDAY DURING PAID LEAVE
26
27 Employees on annual or sick leave during periods when designated holidays occur, shall
28 not have the day of the holiday charged against their accrued leave.
29
30 29.6 OBSERVANCE OF RELIGIOUS HOLIDAYS
31
32 Employees who choose to observe other "holidays" for religious or other reasons must do
33 so by utilizing annual leave pursuant to Article 30.
34
35 ARTICLE 30
36
37 ANNUAL LEAVE
38
39 A. ELIGIBILITY
40
41
All salaried employees with regular status working 20 hours or more per week
shall earn and accrue annual leave with pay.
42
43
44
45
46
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:
- 28-
Rev. 10/6/09
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
\6
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
46
47
Rev. 10/6/09
Years of Continuous
Service
Hours of Leave Earned
During Each Calendar
Month
40 HPW
1 through 3 years 4 hours per hi-weekly
pay period
(13 working days per year)
4 through 10 years 5 hours per hi-weekly
pay period
(16 1/4 working days per
year)
11 through 15 years 6 hours per hi-weekly
pay period
(19 1/2 working days per
year)
16 through termination of employment
7 hours per hi-weekly
pay period
(223/4 working days per
year)
Hours of Leave Earned
During Each Calendar
Month
37 '/2 HPW
3.75 hours per hi-weekly
pay period
(13 working days per year)
4.75 hours per hi-weekly
pay period
(16.5 working days per year)
5.75 hours per bi-weekly
pay period
(19.9 working days per year)
6.75 hours per hi weekly
pay period
(23.4 working days per year)
Monroe County currently has a hi-weekly pay period system comm~ncing at 12:00
a.m. Sunday, ending two Saturdays later at 11 :59 p.m. There are 26 pay periods
per year.
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 he
earned in accordance with the following table:
Years of Continuous
Service
Hours of Leave Earned
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)
- 29 -
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8
9
10
II
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22
23
24
25
26
27
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40
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47
Rev. 10/6/09
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 will not accrue annual leave for that pay period.
c.
COUNTY VERSION: 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 earned in excess of this amount
will be handled in accordance with the Monroe County Personnel Policies and
Procedures.
UNION VERSION:
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 earned in excess of this amount will be paid to the employee at
the rate of pay in effect on September 30th.
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.
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.
- 30-
1 D. ANNUAL LEAVE PAY UPON SEPARATION
2
3 Payment of annual leave shall be based on the employee's regular rate of pay and
4 terms of separation.
5
6 E. RESTRICTIONS
7
8 Annual leave may be used for any purpose; however, it is a privilege incident to
9 County service and is not a right, and may only be used by the employee if taken
10 prior to termination for cause or in accordance with these policies, with the
11 following restrictions:
12
13 L Annual leave may not be taken until accrued in accordance with these
14 rules.
15
16 2. Employees will not accrue annual leave during a leave of absence
17 without pay, a suspension or when the employee is otherwise in a non-paid
18 status.
19
20 3. Article 25.2 -Resignations.
21
22 4. Employees who leave the County service without proper notice or who
23 are terminated for just cause may be denied payment of accrued annual
24 leave.
25
26
27 5. An employee who leaves the County and wishes to receive payment for
28 annual leave must sign a waiver and general release of any and all claims
29 against the County and its official, managers, supervisors, employees and
30 insurers to receive payment of annual leave.
31
32 ARTICLE 31
33
34 UNIFORMS. TOOLS AND EQUIPMENT
35
36 31.1 For employees required to wear a uniform, the County will furnish two sets of shirts and
37 pants for each day the employee is regularly scheduled to work in a workweek, plus one
38 additional uniform, i.e., five-day employees will have 11 sets and four-day employees
39 will have 9 sets, and all on-call employees shall receive an additional 2 sets, not to exceed
40 15 sets. Bargaining unit employees shall be given their choice of long or short pants,
41 except for those positions for which the County makes the determination that long pants
42 are required. The determination to require long pants will not be arbitrarily made. Such
43 uniforms are not to be worn except while employees are on the job and while traveling to
44 and from the job.
45
46 31.2 Tools and equipment that are normally supplied by the County will be used properly and
47 carefully by employees who require them in their work. It is the responsibility of the
- 31 -
Rev. ] 0/6/09
1 employee to use and secure such tools and equipment in such a manner as to minimize
2 the potential for loss or theft.
3
4 31.3 Tools and equipment provided by the County will be replaced by the County if they are
5 stolen or broken during normal use and provided proper care and prescribed security
6 measures have been followed and loss or breakage is not due to the employee's
7 negligence or abuse. Loss or breakage due to employee's negligence or abuse subject to
8 discipline
9
10 ARTICLE 32
11
12 REMUNERATION
13
14 32.1 All current bargaining unit employees covered by this Agreement will receive 0%
15 cost-of-living-allowance and no merit increases during the term of this Agreement.
16
] 7 32.2 Monroe County has established a program to recognize County employees who
]8 have been in the County Service for Five, Ten, Fifteen, Twenty, Twenty-five and
19 Thirty years. Grant and part-time employees will be eligible for the years-of-
20 service program.
21
22 At the employee's anniversary date, or as soon thereafter as is feasible, the
23 Department must cause a letter to be placed in the employee's persOlmel file noting
24 the years of service and must deliver the following, in a lump sum payment, to the
25 employee:
26 a - For 5 years of service, a decorative pin and a $100.00 award;
27 b - For 10 years of service, a decorative pin and a $175.00 award and recognition
28 at the BaCC meeting;
29 c - For 15 years of service, a decorative pin and a $200.00 award and recognition
30 at the BaeC meeting;
31 d - For 20 years of service, a decorative pin and a $350.00 award and recognition
32 at the BaeC meeting;
33 e - For 25 years of service, a decorative pin and a $500.00 award and recognition at
34 the Baee meeting;
35 e - For 30 years of service, a decorative pin and a $1,000.00 award and recognition
36 at the Baee meeting;
37
38
39
40 ARTICLE 33
4]
42 ENTIRE AGREEMENT
43
44 33.1 The parties acknowledge that during the negotiations, which resulted in this Agreement,
45 each had the unlimited right to make demands and proposals with respect to any subject or matter
46 not removed by law from the area of collective bargaining. They, therefore, each voluntarily and
47 unqualifiedly waive the right for the term of this Agreement to bargain collectively with respect
- 32-
Rev. 10/6/09
1 to any matter referred to or covered in this Agreement, or with respect to any subject or matter
2 not specifically referred to or covered by this Agreement.
3 33.2 This Agreement represents the entire agreement between the parties and no other
4 Agreements or practices are binding upon either party hereto with respect to wages, hours or
5 working conditions of the employees covered hereby. The County shall not be obligated to
6 continue any benefits or employee practices which it has given or engaged in prior to the
7 execution of this Agreement unless such benefits or practices are specifically set forth in this
8 Agreement, and past practices of the employer will not be considered in interpreting this
9 Agreement.
10 33.3 The parties also agree that the County may unilaterally make changes in the terms and
11 conditions not covered in this Agreement without having to bargain over any such decision or its
12 effects. This Agreement expressly permits the County's right to make such changes.
13 ARTICLE 34
14
15 PRINTING AGREEMENT
16
17 34.1 This Agreement shall be printed within a reasonable time by the County. The County
18 shall provide tluee originals of the contract to the Union.
19
20 ARTICLE 35
21
22 SA VINGS CLAUSE
23
24 If any article, section, or provision of this Agreement should be found invalid, illegal or
25 not enforceable by reason of any existing or subsequently enacted legislation or by
26 judicial authority, all other articles and sections of this Agreement shall remain in full
27 force and effect for the duration of this Agreement. If such action occurs, the County and
28 the Union shall meet within thirty days for the purpose of negotiating a mutually
29 satisfactory replacement for such provision.
30
31
32 ARTICLE 36
33
34 DURATION OF CONTRACT
35
36 36.1 After ratification by the parties, this Agreement shall be effective as of October 1, 2009,
37 and shall remain in full force and effect until midnight, September 30, 2010.
38
- 33 -
Rev. 10/6/09
1 BOARD OF COUNTY COMMISSIONERS TEAMSTERS LOCAL NO.769
2 MONROE COUNTY, FLORIDA
3
4
5
6 By By
7 Chairman President
8
9 Date: Date:
10
11
12 Attest:
13
14
15 By: By:
16 County Administrator Business Representati ve
17
18 Date: Date:
19
20 By:
21 Clerk
22
23
24 Date:
- 34-
Rev. 10/6/09
1 Attachment "A"
2
3 BULLETIN BOARD LOCATIONS
4
5 PUBLIC WORKS STOP #9
6 (MM 5)
7 DETENTION FACILITY
8 5501 COLLEGE RD
9 KEY WEST, FL. 33040
10
11 AIRPORTS STOP #5
12 KEY WEST
13 3491 SOUTH ROOSEVELT BLV.
14 KEY WEST, FL. 33040
15
16 COURTHOUSE
17 MM 0 STOP #8
18 500 WHITEHEAD STREET
19 KEY WEST, FL. 33040
20
21 ROADS & BRIDGES TRAILER STOP #4
22 (by Airport)
23 KEY WEST
24 3583 SOUTH ROOSEVELT BLV.
25 KEY WEST, FL. 33040
26
27 FACILITIES MAINTENANCE
28 (by Airport) STOP #4
29 KEY WEST
30 3583 SOUTH ROOSEVELT BLV.
31 KEY WEST, FL. 33040
32
33 TRANSFER STATION STOP #10
34 CUDJOE MM 21 1/2
35 BLIMP ROAD
36 CUDJOE KEY, FL. 33042
37
38 PUBLIC WORKS STOP #16
39 MARATHON MM 49
40 10600 AVIATION BLV.
41 MARATHON FL. 33050
42
43 PUBLIC WORKS STOP #19
44 PLANTATION KEY MM 66 1/2
45 88770 OVERSEAS HWY.
46 TAVERNIER FL. 33070
47
48 TRANSFER STATION STOP #24
49 KEY LARGO MM 107
50 11180 COUNTY ROAD 905
51 N. KEY LARGO, FL. 33037
52
53 AIRPORT STOP #15
54 MARA THON MM 49
55 9400 OVERSEAS HWY
56 MARATHON, FL. 33050
57
58
59 TRANSFER STATION STOP #17
60 LONG KEY MM68
61 LONG KEY, FL. 33001
62
63 CARD SOUND TOLL FACILITY STOP #25
64 58070 CARD SOUND ROAD MM107
65 KEY LARGO, FL. 33037
66
67 MURRAY NELSON CENTER STOP #26
68 102050 OVERSEAS HWY MM 102
69 KEY LARGO, FL. 33037
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Rev. 10/6/09