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1. FY2006-2009 07/19/2006 (effective 8/2006) Glelt( oIl11e Circul GIUrl Danny L. Kolhage Office (305) 295-3130 Fax (305) 295-3663 Memnrandum To: Teresa Aguiar, Division Director C'~ . t' D' . j.J urzs me zaz }j;.r Isabel C. DeSantis, Deputy Clerk Attn: From: Date: Wednesday, September 06, 2006 At the BOCC meeting on July 19, 2006 the Board granted approval and authorized execution of a Contract between Monroe County and Teamsters Local Union No. 769 covering designated blue collar employees. Attached hereto is a duplicate original of the above document for your handling. Should you have any questions concerning the above, please do not hesitate to contact this office. cc: County Attorney, wlo doc. Finance File MIKE SCOTT President JOSH ZIVALlCH Sec. - Treas. August 20, 2006 Monro<: County BOCC Employee Service Div. 1100 Simonton St., 2nd Floor Key West, FL 33040 Attn: Christine Diaz Dear Mrs. Diaz: 1236S WEST DIXIE HIGHWAY NORTH MIAMI, FLORIDA 33161 Phone: (305) 642-6255 1-(800) 253-3452 Outside Dade County Facsimile: (305) 891-5896 www.Teamsters-LocaI769.com Enclose:d you will find three (3) original contracts between the Teamster Local 769 and Monroe County. Please obtain the appropriate signatures on all three copies and return one original to me. If you have any questions please contact me at (954) 570-8664. Sincerelly, TEAl'vlSTER LOCAL NO. 769 ## 'p.> ..' /7 ~# ?E ,/....., / :.-:,,,;'f' ~o_ om / ./ij" -.. .-" ::> / ./>;/ OM_ David Renshaw Business Representative . ~, RECEIVED Monroe county Employee t.ervlces Date ~~q'()(t? . ( Time 1/:1/'> Initial$~ CONTRACT BETWEEN MONROE COUNTY AND TEAMSTERS LOCAL UNION NO. 769 MI:7048v4 TABLE OF CONTENTS Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Article 15 Article 16 Article 17 Article 18 Article 19 Article 20 Recognition Intent and PlIIpOse General Non-Discrimination Correspondence Bulletin Boards Management Rights Subcontracting Availability Safety Union Representation & Access Payroll Deduction of Union Initiation Fees and Union Dues No Strike - No Lockout Outside Employment Attendance and Punctuality Hours of Work Overtime On.Call/Standby Call Back Temporary Assigmnents MI:7048v4 rue No. I 1 1 I 2 2 3 4 5 5 6 7 8 8 9 10 10 11 II II . . PBl!e No. Article 21 Probationary Period 12 Article 22 Promotions 12 Article 23 Discipline 13 Article 24 Grievance and Arbitration 14-17 Article 2S Separations 17 Article 26 Insurance 18 Article 27 Leaves of Absence 19 Article 28 Paid Sick Leave 21 Article 29 Holidays 24 Article 30 Annual Leave 2S Article 31 Unifonns, Tools and Equipment 28 Article 32 Remuneration 28 Article 33 Entire Agreement 28 Article 34 Printing Agreement 29 Article 3S Savings Clause 29 Article 36 Duration of Contract 30 MI:7048v4 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3.1 26 27 28 29 3.2 30 31 32 3.3 33 34 35 36 3.4 37 38 39 40 41 42 43 44 45 46 47 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 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 hoth. 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. Whenever the terms "County Administrator", "Division Director" or "Department Head" are used, the terms shall be interpreted to include their duly authorized representatives. ARTICLE 4 NONDISCRIMINATION Neither the County nor the Union shall discriminate against any employee as it relates to race, color, religion, gender, age, national origin, veteran status, marital status, familial status, sexual orientation/preference, disabilitylhandicap, or membership in Union or lack of membership in a Union or because of any reason prohibited by law. Any claim of discrimination or retaliation based on the foregoing shall be processed exclusively -1- though the appropriate administrative agency (e.g., Equal Employment Opportunity, Florida Commission on Human Relations, Public Employees Relatious Commission, etc.) and shall not be subject to the grievance-arbitIation procedures of this Agreement. ARTICLE 5 CORRESPONDENCE 5.1 Unless otherwise provided iu 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 lintits contained in this Agreement, such correspondence shall actually be received by the County Adntinistrator or Union business representative on or before the date due unless sent via U.S. Postal Service. When the U.S. Postal Service is utilized, al time lintits contained in this Agreement shall be considered to be met so long as the postmark date is in compliance with the specified lintit. 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 address are as follows: COUNTY Monroe County County AdntinistIator 1100 Simonton Street Key West, Florida 33040 (305) 292-4441 UNION Teamster Local #769 12365 West Dixie Highway North Miami, FL 33161 (305) 642--6255 5.3 Each party shall copy the other on any and all correspondeuce pertaining to the contIact sent to or received from PERC. ARTICLE 6 BULLETIN BOARDS 6.1 The County will furnish space for the Union to place one bnlletin board at Each location where the bargainiug unit employees regnlarly report to work and where the County has an official bnlletin board. Those locations are specifield in Attachment A. The bnlletin boards will be provided by aud paid for by the bargaining unit. 6.2 The County Administrator must approve the exact locatiou for placement of all bnlleutin boards. Bnlletin boards may be uo larger than 20 inches by 30 inches. 6.3 All notices placed on such bnlletin boards shall relate solely to official Uniou business. Notices posted shall not coutain derogatory, defamatory, inflammatory, or untrue statements about the County or any of its officials or anyoue else. Bnlletiu boards shall not be used to communicate with the general public, to distribute political malter, or for I 2 3 4 5 6 7 8 9 10 II 12 13 14 IS 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 46 47 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. 6.4 The Union stewards shall 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 7.1 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 MI:7048v4 _ 3 _ 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 45 46 47 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, ditTerent 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. 7.2 Th.e 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 al1 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 specifical1y 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. 7.3 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. 7.4 If Ithe 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 8.1 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. 8.2 Th,~ 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 subcontracting agenda item without being held to the time limit of 5 minutes for a MI:7048v4 _ 4 _ 1 representative for an organization.. If employees are laid off due to subcontracting, they 2 shall have the rights provided under Article 25, Separations. 3 4 ARTICLE 9 5 6 AVAILABILITY 7 8 9.1 All County employees covered by this Agreement are subject to call back and as such 9 shall keep the County informed of their address and telephone number and/or cellular 10 phone,if they have either a phone or cellular phone 11 12 9.2 All employees being paid for stand-by must maintain availability during such stand-by 13 period. Employees who do not answer a page during such stand-by status shall be subject 14 to disciplinary action. 15 16 9.3 It is understood that some employees will be required to work during declared 17 emergencies such as hurricanes. The County will attempt to provide employees as much 18 notice as possible that they will be required to work during the declared emergency. The 19 County will also attempt,where able under the circumstances, to give employees time to 20 secure their families and personal property prior to reporting for duty. The County will 21 pay employees who work during declared emergencies pursuant to Resolution No. 415- 22 2005 (July 1,2005). 23 24 ARTICLE 10 25 26 SAFETY 27 28 10.1 All employees and the County shall be responsible for following the provisions of the 29 safety policy manual.. This policy will be available on the web for viewing. Each 30 department will have a copy available for review. The County shall continue to have the 31 right to unilaterally establish, adopt, change, amend,withdraw, and enforce the employee 32 safety manual so long as such actions do not result in a conflict with the specific terms 33 and conditions of this Agreement. Changes to the employee safety policy manual will be 34 conspicuously posted in all work areas. Except in the case of any emergency, such 35 changes will be posted at least five working days before the effective date of the change. 36 Failure to follow prescribed safety procedures may result in disciplinary action. 37 38 10.2 Protective devices,wearing apparel, and other equipment necessary to protect employees 39 from injury shall be provided by the County when the County requires such use. Such 40 items, when provided, must be used, and the Union agrees that willful neglect or failure 41 by an employee to obey safety regulations and to use safety equipment shall be just cause 42 for disciplinary action. Protective devices, apparel, and equipment necessary are 43 determined by the Supervisor with the concurrence of the Safety Administrator and can 44 be defined as follows: 45 46 A. Gloves 47 B. Rubber boots MI:7048v4 -5- 1 2 3 4 5 6 7 8 10.3 9 10 11 12 10.4 13 14 15 10.5 16 17 18 19 20 21 22 11.1 23 24 25 11.2 26 27 28 29 30 11.3 31 32 33 34 35 11.4 36 37 38 39 40 41 42 43 11.5 44 45 46 47 MI,7048v4 C. Safety hard hats E. Safety vests F. Safety goggles G. Unifonns H. Protective suits L 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 Administrator. The Safety Administrator shall respond in writing to Ihe employee within 15 working days. Th,c County shall provide the safety policy on the website and provide to each department a copy for their review. Employees detennined 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 mc:mber 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 ste:ward will represent employees only in hislher department The Union may designate one of the stewards to be the Chief Steward. Th.e 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 ro;:ognize the stewards. Th.e 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 bl'l:ak 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 OT meetings. Officers OT agents of Teamsters Local Union #769, except County employees on duty, shllll be allowed reasonable access to work sites and locations of the County with the advance approval of appropriate County officials, provided that such access shall in no WilY interfere with the efficient operation of any department or crew. .6. • 1 11.6 The Union agrees that, during the term of this Agreement, its non-employee 2 representatives and stewards shall deal only with the County Administrator, the County 3 Attorney, or the Human Resources Director, or their designees, about matters subject to 4 discussion in this Agreement. This does not prohibit a steward from addressing the con- 5 cerns of individual employees with a supervisor or department head. 6 7 11.7 No Union member, agent or representative of the Union, or any person acting on behalf 8 of the Union may solicit County employees during the working time of any employee 9 who is involved in the solicitation,nor distribute literature during working hours in areas to where the actual work of County employees is performed. 11 12 ARTICLE 12 13 14 PAYROLL DEDUCTION OF UNION INITIATION FEES AND UNION DUES 15 16 12.1 Upon receipt of a signed authorization in an acceptable form from an employee, the 17 initiation fee and regular monthly dues of the Union shall be deducted from such 18 employee's pay. Such deduction shall be effective on the next regular dues deduction 19 period following the date it is received in the Human Resources Department. The County 20 will not deduct dues incarreais except to correct errors made by the County. 21 22 12.2 Monthly Union dues shall be deducted in equal amounts in each of the twenty-six pay 23 periods of each year and shall be remitted by the County no later than the fifteenth of the 24 following month to the officer and address designated by the secretary-treasurer of the 25 Union. The Union will promptly refund to the County any amount paid to the Union in 26 error on account of the dues deduction provision. The Union shall give the County a 27 minimum of thirty days written notice of the effective date and amount of any change in 28 the amount of the dues to be deducted. 29 30 12.3 No deduction shall be made from the pay of any employee during any payroll period in 31 which the employee's net earnings for the payroll period are less than the amount of dues 32 to be paid, or where the deduction would result in an employee being paid less than the 33 minimum wage and/or overtime amount required by law. 34 35 12.4 An authorization for dues deduction may be canceled after thirty days from the date 36 written employee notice of the cancellation is received by the Union. The Union 37 Secretary-Treasurer will notify the County in writing to cease deductions. 38 39 12.5 The Union shall indemnify the County and any department of the County and hold it 40 harmless against any and all claims, demands,suits,or other forms of liability or damages 41 that may arise out of, or by reason of, any action taken by the County or any department 42 of the County for the purpose of complying with the provisions of this article. The 43 County will charge the Union a dues handlin"i:fain the amount of S50=geEy_ear.. 44 45 M1:7048v4 -7- • 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 8 9 13.1 During the term of this Agreement, neither the Union nor its agents nor any employee, for 10 any reason, will authorize, institute, aid, condone, or engage in a slowdown, work 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 of this article. 29 30 ARTICLE 14 31 32 OUTSIDE EMPLOYMENT 33 34 14.1 A. Full-time employees may engage in other employment during their off-duty hours. 35 However, County employment must be considered the primary employment. Employees 36 shall not, directly or indirectly, engage in any outside employment or financial interest 37 which may conflict, in the County's opinion, with the best interests of the County or 38 interfere with the employee's ability to perform the assigned County job. Examples 39 include,but are not limited to,outside employment which: 40 1) Prevents the employee from being available for work beyond 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. MI:7048v4 -8- 1 2 3 4 5 6 7 8 9 14.2 10 11 12 13 14 15 16 17 15.1 18 19 20 21 22 15.2 23 24 25 26 15.3 27 28 29 30 31 32 33 34 15.4 35 36 37 38 15.5 39 40 41 42 15.6 43 44 45 MI:7048v4 B. Employees shall not be instructed or allowed to perform work for private individuals or other governmental agencies as part of his/her County employment except in those instances where such work is part of contract arrangcmcnts cntered into by the Board of County Commissioners with such private individuals or government agencies, or in those C8l1CS where under prior Board of County Commission policy, the employee is to give sClvice in an emergency situation. Employees who have accepted outside employment are not eligible for paid sick leave wben the leave is used to work on the outside job. Fraudulcnt use of sick or personal absences will be cause for disciplinary action. ARTICLE 15 ATTENDANCE AND PUNCTUALITY It is the policy of the County to require employees to report for work punctually as scheduled and to work all scheduled hours and any required overtime. Excessive t3Idiness and excessive absences disrupt workflow 3I1d customer service 3I1d will not be tolerated. Unauthorized or excessive absences or tardiness will result in disciplinary action, up to and including termination. Absences in excess of those allowed by policy, tardiness or lellving early without proper authorization are grounds for discipline. Employees should notify their supervisor, as far in advance as possible whenever they are un.able to report for work, know they will be late, or seek permission to leave early. Notification shall not be later than I hour after start time of employee's normal shift start. Such notification shall include a reason for the absence 3I1d an indication of when the employee can be expected to report for work. If the supervisor or department head is unavailable, the division head or the County Administrator should be contacted 3I1d given th,: S3IDe infonnation. Employees who report for work without proper equipment or in improper attire may not be permitted to work. Employees, who report for work in a condition deemed not fit for work, whether for illness or any other reason, will not be allowed to work Employees are expected to report to their supervisor after being late or absent, giving 3I1 explanation of the circumstances surrounding their tardiness or absence, and certify that th,~y are fit to return to work. Employees who are abscnt from work for three consecutive workdays without giving any notice to the County will be considered as having "abandoned their position" 3I1d thereby voluntarily quit. -9- I ARTICLE 16 2 3 HOURS OF WORK 4 5 16.1 Th,~ workweek shall start at 12:01 a.m. Sunday and end at 12:00 midnight Saturday. The 6 County shall not indiscriminately change regularly scheduled working hours and days off 7 of employees covered by this Agreement. Changes shall be made by reason of 8 opcrrational necessity and/or efficiency. Such changes require at least five working days 9 notice to the affected employees except in the case of valid public necessity, such as 10 equipment failure, unanticipated employee absences, and the like. Employees' regular 11 work schedules shall contain two consecutive days off 12 13 16.2 Employees classified as regular full time will receive a total of one unpaid hour for 14 meaVrest 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 meaVrest period helshe will be otherwise compensated for 17 that time. All other employees will receive meal or rest periods in an amount and time 18 del,"Illed appropriate by their Supervisor. Meal and rest periods shall be scheduled by the 19 Department Head consistent with the effective operation of the department and may be 20 rescheduled whenever necessary. 21 22 ARTICLE 17 23 24 OVERTIME 25 26 17.1 It is the policy of the County to work its employees within the regularly scheduled 27 workweek unless conditions warrant. 28 29 17.2 Management may schedule overtime beyond the standard hours when it is in the best 30 interest ofthe 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 cxlcused by management. Employees may volunteer to work overtime and should 35 communicate that interest to their supervisors. Overtime will only be scheduled for those 36 employees fully qualified to perform the work required. In all work units, the County will 37 mlike reasonable efforts to equalize overtime among employees who are similarly 38 classified, except as addressed in Section 17.4 below. All other factors being the same, 39 sC:J1iority may be used as a selection factor. 40 41 17.4 For overtime computation, only time actually worked shall be considered as time worked. 42 Absences from work will not be counted as time worked for overtime computation. Ml:7048v4 -10- I ARTICLE 18 2 3 ON-CALUSTANDBY 4 5 Orl-call duty assignments occur when a supervisor expressly orders that an employee 6 perform a certain function. These assignments are made when a supervisor mandates that 7 an employee be available for work due to an urgent situation during off-duty time. Such 8 ashignments will be given to the employees who normally perform the work during 9 normal hours of work. For employees on a standby status, one hour of pay at time and 10 one-half will be paid for each regular workday. Two hours of pay at time and one-half 11 will be paid for each non-work day and holidays. On-call hours shall be in addition to 12 time worked. 13 14 ARTICLE 19 15 16 CALLBACK 17 18 Ca~l 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 hour paid for 21 employees called on the phone (or the actual time spent on the phone calls, whichever is 22 greater) during off duty hours and two hours of payor the actual time worked, whichever 23 is greater, for an employee called back to a work site during off duty hours. This time 24 sh;all 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 TIle County may temporarily assign or appoint any employee to perform work, which 32 would normally be done by an employee in another classification, when at the discretion 33 of the County such an assignment, or appointment is necessary. 34 35 20.2 An employee temporarily assigned to perform work outside his normal classification shall 36 suffer no loss of pay should said temporary assignment be to a lower classification. 37 38 20.3 All employee may be assigned to work in a higher classification up to one year, unless 39 otherwise determined by the County Administrator. An employee required to work in a 40 higher classification 30 consecutive working days or less may be required to do so at no 41 im:rease 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 thereafter. At the conclusion of 45 the, assignment, pay shall revert to the authorized rate established for his regular position. 46 Any such temporary increase granted shall not affect the employee's eligibility for normal 47 salary advancement. MI:7048v4 - 11 - 1 2 3 4 5 6 21.1 7 8 9 10 11 12 13 14 15 21.2 16 17 18 19 20 21 22 21.3 23 24 25 21.4 26 27 28 29 21.5 30 31 32 33 34 35 36 37 38 39 40 41 22.1 42 43 44 45 MI:7048v4 ARTICLE :Z1 PROBATIONARY PERIOD The probationary or "working test" period is an integral part of the hiring and promotion process. It is utilized to closely observe the new employee's work, to secure the most effective adjustment of a new employee to the position, and to reject any employee whose pClformance does not meet the required work standards. Probationary employees are generally ineligible for employee-requested transfers or promotions unless the County Administrator or Division Director determines it is in the best interest of the County to waive this rule. Probationary employees who are permitted to transfer or promote shall haye their new probationary period run concurrent with their existing probationary period. The probationary period shall be twelve consecutive months from the employee's first day of work with the County If the employee successfully completes the probationary period, the: employee shall be placed on regular status. The County reserves the right to extend the: probationary period for up to three months. Such a decision shall be made at least two weeks before the end of the initial probationary period, and notice shall be provided to both the employee and the Union representative. Regular status denotes final appointment in a specific County position and classification foJ.1owing successful completion of the probationary period. Ne:wly hired probationary employees may be dismissed at any time at the discretion of the County and are not entitled to the Career Service procedures or payments of sick leave at time of termination. If an employee who is serving a probationary period incurred as a result of a promotion is found to be unqualified to perform the duties of the higher position, a good faith effort will be made to return the employee to the position and status held immediately prior to the: promotion. If the employee's former position is filled or otherwise unavailable, the employee may be transferred to a vacant position for which the employee qualifies. If no vacancy exists for which the employee is qualified, the employee will be placed in a lay- off status with recall rights. ARTICLE 22 PROMOTIONS In filling all vacancies in the bargaining unit, employees shall meet the qualification standards of education, training, experience, and other requirements for the position to which the promotion is being sought. Standards and qualifications will be established to m,:et the basic requirements of the position. -12 - I 22.2 Job openings will be posted on the employee bulletin boards a minimum of seven 2 calendar days. Employees, excluding temporary and aH probationary employees, may 3 initiate a written request for transfer/promotion consideration. 4 5 22.3 An employee's eligibility for promotion will be determined by the requirements of the 6 new job. In addition, the employee must have no disciplinary actions (written warning or 7 gr1eater) during the preceding three-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 shaH have preference, but there shall be no guarantee of 10 pmmotion. Current employee candidates for promotion will normally be screened and II selected on the basis of attendance and work: records, performance appraisals, and job- 12 rellated 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 without 29 proper cause. All discipline or discharge notices shaH be in writing with a copy provided 30 to the employee. Such notices shall contain as complete and precise an explanation as 31 possible for the action being taken. 32 33 23.2 The County agrees with the tenets of progressive and corrective discipline; however, the 34 County has the right to review the employee's work history and prior record of 35 disciplinary action when 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 MI:7048v4 -13 - I 2 23.4 AJII discipline in the fonn of adverse employment action mUSl be processed exclusively 3 through the grievance-arbitration procedure herein. The Union waives the right of all 4 balfgaining unit members to utilize the Cmeer Service Act procedures for any purpose. 5 6 23.5 Diisciplinmy actions older than 5 years shall not be considered for purposes of 7 progressive discipline. 8 9 ARTICLE 24 10 II GRIEVANCE AND ARBITRATION 12 13 GRIEVANCE PROCEDURE 14 15 24.1 EKCept 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 18 such orders wilI not prejudice the right to file a grievance within the time limits contained 19 he:rein, nor shaIl 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 form of oral or written counseling shall 23 be: subject to the grievance-arbitration procedure set forth herein. No grievance wiIl or 24 ne:ed be entertained or processed unless presented in the manner described herein, and 25 unless filed in a manner provided herein within the time limit prescribed herein. A 26 grievance may be filed by a bmgaining unit employee or by the Union (hereinafter the 27 "grievant"). In either case, the procedure to be followed will be the same. The Union and 28 management may mutually agree to waive any step. Any employee covered by this 29 Agreement must use this grievance process and has no right to any other grievance 30 process (Le., administrative policy, etc.). 31 32 24.3 ^,~y grievance, defined as a claim reasonably and suitably founded on a violation of the 33 temls and conditions of this Agreement shall systematically follow the grievance 34 procedure as outlined herein. Any grievance filed shall refer to the provision or 35 provisions of the Agreement alleged to have been violated, and shall adequately set forth 36 th.e facts pertaining to the alleged violation. 37 38 24.4 Rules of Grievance Processing: 39 40 (A) The time limitations set forth in this AJrticle are the essence of the Agreement. A 41 grievance not advanced to the higher step by the Union or the grievant within the 42 time limit provided shall be deemed permanently withdrawn and as having been 43 settled on the basis of the decision most recently given. Failure on the part of the 44 County's representative to answer within the time limit set forth in any step will 45 entitle the employee to proceed to the next step. The time limit at any stage of the 46 grievance procedure may be extended by written mutual agreement of the parties 47 involved in that step. MI:7048v4 -14 - 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 4S 46 (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. (D) When a grievance is reduced to writing there shall be set forth: 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. (E) 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 In the ev,mt a grievance arises, the employee must discuss the grievance with his immediate supervisoJr within three working days after the employee had knowledge of the event or occurrence giving rise to the grievance. At the time of submitting the grievance, and to ensure that grievances are settled at the first opportunity, the aggrieved employee should request an informal meeting with his or her supervisor prior to a Step I hearing to discuss the circumstances giving rise to the grievance. In the event the issue in dispute cannot be resolved between the SUperviSOlt and the grievant, the grievance may be presented by the grievant at Step 1 of the grievance procedure within five working days from the date of the supervisory meeting. Such written grievance must indicate that the matter had been reviewed with the inunediate supervisor. Sten 1: The aggrieved employee shall present the grievance to the department head. The aggricved 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 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 department head. ~: 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 meelt 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 MJ: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 S!!m.1.: 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 8 County Administrator shall provide his written answer within ten (10) working days following 9 such meeting. The parties may by mutual written agreement extend the above timelines without 10 loss of rigllts under this Article. 11 12 ~: If no mutual agreement is reached in Steps I to 3 of this Article, the grievance shall be 13 submitted to a two-person resolution board. One member of the resolution board shall be 14 selected by the Union and the other by the County. All grievances submitted to the above- 15 mentioned board must be heard within ten (10) working days, unless otherwise agreed to, from 16 the date of the County's Step 3 answer. The two-person board will meet on an as-needed basis. 17 18 ~: In the event the grievance is not settled by a majority vote of the resolution board, either 19 party may submit the grievance to binding arbitration within ten (10) working days (or to a time 20 period otherwise mutually agreed to by the Union and the County) of the written response of the 21 resolution board. A panel of seven (7) arbitrators will be requested from Federal Mediation and 22 Conciliation Service. The parties shall alternately strike names from the list until an arbitrator is 23 selected. For the first arbitration following the implementation of this Agreement, the County 24 shall strike the first name. Thereafter, the Union shall be required to strike the first name in the 25 next arbitration case. For subsequent arbitrations, the parties shall continue to alternate. Both 26 parties shall have the rig:l1t to reject one panel, and request another from which arbitrators must 27 be chosen using the above-prescribed procedure. Hearings before the arbitrator shall be 28 conducted in accordance with the rules of the Federal Mediation and Conciliation Service. The 29 Union and the County shall each pay y, of the Arbitrator's fees and exposures.. 30 31 24.5 All promptly as possible after the arbitrator has been selected, the arbitrator shall conduct 32 a hearing between the parties and consider the grievance. The decision of the arbitrator 33 will be served upon the Union and the County in writing. It shall be the obligation of the 34 arbitrator to issue hislher decision within 60 calendar days after the close of the hearing to 35 inc:lude receipt of post-hearing briefs. Any party desiring a transcript of the hearing shall 36 bear the cost of such transcript unless the parties mutually agree to share the cost. Each 37 party shall bear the expense of its own witnesses and of its own representatives for 38 purposes of the arbitration hearing. 39 40 24.6 The jurisdiction and authority of the arbitrator and his opinion and award shall be 41 confined exclusively to the interpretation and/or application of the express provision(s) of 42 this Agreement. He shall have no authority to add to, detract from, alter, amend or 43 modify any provision of this Agreement; or to establish or alter any wage rate or wage 44 structure. No liability shall be assessed against the County for a date prior to the date of 45 th" grievance is submitted in writing or, in disciplinary cases, from the date of the 46 di!lcipline or discharge. 47 M1:7048v4 -16- 1 TIle 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 Ont the aggrieved employee, the Union and the County, provided that either party shall be 5 entitled to seek review of the arbitrator's decision as provided by law. With respect to 6 arbitration involving the layoff, discipline or discharge of employees, the arbitrator 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 (less compensation, including 9 unemployment compensation payments and other compensation earned elsewhere during 10 the period attributable to the layoff, discipline or discharge in issue, and less any amounts 1 t 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 attorney's fees. 13 14 24.7 TIle arbitrator may not issue declaratory opinions and shall be confined exclusively to the 15 question, which is presented, which question must be actual and existing. 16 17 24.8 Nothing in this Agreement shall prohibit the presence of a Union representative at any 18 steps of the grievance procedure. 19 20 24.9 No claimed violation of any federal statute, state or local law, rule or regulation shall be 21 subject to the grievance-arbitration procedure. 22 23 ARTICLE 25 24 25 SEPARATIONS 26 27 25.1 TIle effective date of separation shall be the last day on which the employee is present for 28 duty unless otherwise specified herein. 29 30 25.2 RClsignation is defined as an action whereby an employee vohmtarily leaves County 31 employment. An employee with no pending disciplinary action wishing to leave the 32 O>unty in good standing shall file with the County a written resignation, stating the 33 effective date and reasons for leaving. Such notice must be given at least two weeks prior 34 to the date of separation. Employees who are absent from work for three consecutive 35 workdays without being excused or giving proper notice of their absence will be 36 considered as having voluntarily quit. 37 38 25.3 Rcltirement is defined as a voluntary or involuntary procedure whereby an employee 39 separates from County employment for reasons of length of service or disability. The 40 Florida Retirement System shall govem all retirement regulations and benefits. Neither 41 th<e 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 Tmmination of employment shall be effective as of the date of death. All County 4S compensation and County benefits due to the employee as of the effective date of death 46 shall be paid to the beneficiary, surviving spouse, or the estate of the employee, as 47 determined by law or by executed forms in the employee's personnel file. MI:7048v4 _ 17 _ 1 2 25.5 If Ii layoff does occur all temporary employees and newly hired probationary employees 3 within affected divisions will be terminated first. The only exception would be if the 4 temporary or newly hired probationary employee has a particular skill required to perfonn 5 certain duties and no one else employed by the County is qualified. Permanent 6 employees are 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 perfonn the 8 available work. Laid-off pennanent employees shall be placed in open positions for 9 which they are qualified. 10 II 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 ofleaving the sick leave on account for up to one year. A laid- 14 off employee shall be eligible for conversion of employee health care benefits at the 15 employee's expense. Laid-off employees remain eligible for recall into positions 16 previously held with the County or for which they are qualified for a period of three years 17 from the layoff date, provided that any employee so recalled shall be subject to passing a 18 typical pre-employment screening at the discretion of the County. No continuous service 19 benefits of any kind shall accrue during the layoffperiod. 20 21 25.7 A discharge is the involuntary separation of an employee from County employment. 22 Employees discharged for 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 nonnally 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, unifonns, 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 tennination leave pay. 38 39 ARTICLE 26 40 41 INSURANCE 42 43 26.1 BIU"gaining unit employees will be eligible for coverage under the County's insurance 44 plans for all other similarly-situated personnel. The County reserves the right to change 45 insurance carriers or benefits or both, and the Union hereby expressly waives any right to 46 bargain over such a decision; provided, however, that the County will bargain with the MI:7048v4 -18 - 1 2 3 4 5 6 7 8 28.1 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 45 46 MI:7048v4 Union over the effects of any change in insurance carriers or benefits, if the Union reo~uests that such bargaining occur. ARTICLE 27 LEAVES OF ABSENCE Jury Duty and Court Leave A. A full-time employee who is summoned to jury duty by a city, the County (Monroe), the State of Florida, or the Federal Government or subpoenaed to appear in court as a witness in a criminal or civil action arising from his or her county employment shall be granted time off with pay for the time actually spent on jury duty or in the court appearance. Fees paid by the court will be retained by the employee unless otherwise determined by the County Administrator. As conditions precedent to receiving time off with pay for jury duty or court appearance of the aforesaid natnre, the employee must: (a.) Notify hislher Department Head of the summons or subpoena immediately upon receipt, produce the summons or subpoena to hislher Department Head upon request, and provide the Department Head with an estimate of the duration of the absence; (b.) Report to the Department Head immediately upon the conclusion or continuance of such jury duty or court appearance; (c.) Report status of jury duty to supervisor or designee on a daily basis. B. Any employee on jury duty as specified above, and who is released or excused from jury duty during normal working hours, will immediately contact his or her supervisor in order to determine whether the employee will be required to report back to work. Employees who work a 24 hour shift, will contact their Department Head (or designee) when released from jury duty. If the Department Head ( or designee) determines that the employee could not effectively complete his or her work shift, the employee may be granted time offwith pay for the remainder of the shift. C. The County, in its discretion, may reschedule the working hours and days of work of an. employee employed on other than a full-time basis who is summoned to jury duty or subpoenaed to appear in court as a witness by a city, the County (Monroe), the State of Florida, or the Federal Government in a criminal or civil action arising from his or her county employment. If, in the County's judgment, it is not feasible or practical to schedule the employee's hours of work around such, the County shall grant the employee time off with pay for the time actually spent on jury duty or in the court appearance. As conditions precedent to receiving time off with pay for jury duty or court appearance of th,~ aforesaid natnre, the employee must abide by the provisions contained above in Article 28.1.1 (a), (b) and (c). -19- 1 D. If any employee is subpoenaed as a witness other than in the specific circwnstances 2 described above, the County will grant the employee leave without pay to the extent that 3 thll Department Head so approves. 4 5 E. Notwithstanding any of the provisions of Article 28.01-A above, no employee shall 6 rec::eive 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 28.2 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 28.3 Family Medical Leave Act 22 23 The FMLA establishes the rights of eligible employees to a leave of absence for up to 12 24 weeks in a calendar year for birth, adoption, the care of a family member's serious health 25 condition, or the employee's own serious health condition. The County's policy is 26 contained at Section 8.05 of the COlmty's Personnel Policies and Procedures. FMLA will 27 be governed by applicable federal law. Any claimed violation of this policy must be 28 resolved exclusively through administrative-judicial procedures, and not through the 29 gri evance-arbitration procedures set forth herein. 30 31 28.4 Bereavement Leave 32 33 All employees covered under this policy shall be granted up to two working days off with 34 pay in order to attend a funeral of a member of the employee's immediate family. The 35 immediate family shall be construed to mean one of the following: Spouse, parent, son, 36 daughter, sister, brother, domestic partner, legal guardian, grandparent or in-laws. 37 Additional time off (over and above the two working days herein provided) may be 38 approved by the Department Head, and charged to sick or annual leave. Additionally, the 39 County may require proof of death of a family member before making payment for leave. MI:704Sv4 -20- 1 2 3 4 5 6 29.1 7 8 9 10 11 12 \3 14 IS 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 46 47 MI:7048v4 ARTICLE 28 PAID SICK LEAVE SICK LEAVE A EUGIBILITY All salaried employees with regular status working 20 hours or more per week shall have the privilege of accruing sick leave in accordance with these policies. Employees shall not be eligible to use sick leave until they have been in the County service for 90 days, unless recommended by the Department Head and approved by the Division Director. Verification of illness by a physician may be required. B. ACCRUAL OF SICK LEAVE All regular, full-time employees will accrue 4 hours sick leave per pay period worked. There will be no limit of the amount ofsick leave that can be accrued. Sick leave for employees working less than 40 hours per week, but at least twenty (20) hours per week will be prorated according to the hours worked. When there has been a break in service of 48 hours or more, the employee upon reinstatement or re-employment will begin accruing sick leave as a new employee. Employees who are on leave without pay for more than 8 hours during a pay period will not accrue sick leave for that pay period. C. USE OF SICK LEAVE I. Sick leave shall be used only with the approval of the applicable Department Head, Division Director or County Administrator and shall not be authorized prior to the time it is earned and credited to the employee except in cases of prearranged medical appointments, surgery or other health-related matters. 2. Sick leave shall be authorized only in the event of: (a.) The employee's personal illness, injury or exposure to a contagious disease which would endanger others. (b.) nlness or injury of a member of the immediate family. (see definition of immediate family.) -21- 1 (C.) The employee's personal appointments with a practitioner when it is 2 not possible to arrange such appointments for off-duty hours, but not to 3 exceed the extent of time required to complete such appointments. 4 5 (d.) Prearranged surgery or other health-related matters. 6 7 D. Monroe County has established a Sick Leave Pool for eligible full-time employees 8 designed to aid the employee suffering from an extended illness or injury (See 9 Admiuistrative Instruction 4702 for rules and enrollment procedures). to II 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 lea.ve are complying with The Monroe County Personnel Policies and Procedures.. 16 17 Employees must meet the following conditions in order to be granted sick leave with pay: 18 19 (I) 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 hislher immediate Supervisor at least one (I) 22 time on each conaecutive shift thereafter, that the employee will miss work 23 because of sick leave. 24 25 (2) File a written report (after returning to work) explaining the nature of the 26 illness when required, by her Supervisor or Department Head. 27 28 (3) Permit medical examination, nursing visit or any County inquiry (telephone 29 call, visit to the employee's house, etc.) deemed appropriate by the County to 30 document the illness of the employee or family member. 31 32 The Department Head is responsible for following up on sick leave use and for ensuring 33 that there is no sick leave abuse. The Department Head may require any employee to 34 bring in a note from his or her personal physician for absences of three (3) conaecutive 35 working days or more. However, if a Department Head reasonably suspects that an 36 employee is abusing sick leave, said Department Head may require that any use of sick 37 leave by the employee for herself or family member be justified by a note from a 38 physician. Further, in the event that a Department Head is unsatisfied with the initial 39 doctor's note, he may require the employee or family member to be examined by a County 40 - designated physician at the County's expense. 41 42 B. If it is determined that the employee is unfit to continue working, the Department 43 Head may require the employee to use any part of his accrued sick leave, compensatory 44 time or annual leave and may thereafter require the employee to take such leave without 45 pay as is medically determined sufficient to restore him to nonnal health, however, this 46 wil'l in no way prevent the County from separating him from employment if the absence 47 would be of such duration as to pose a hardship on the operations of the Department. MI:7048v4 _ 22 _ 1 2 3 4 5 6 7 8 9 10 29.3 11 12 13 14 15 16 17 18 29.4 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 MI:7048v4 C. The Department Head 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 psychiatrist, at the County's expense. D. If the employee's illness is covered by the FMLA, the County's FMLA policy will govern eutill\.....<<ut to leave, and the terms and conditions of that leave. NOTE: NEW. NOTIFICA nON OF ABSENCE If absent 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 Department Head. Any unauthorized absence may be cause for disciplinary action, up to and including termination PAYMENT OF UNUSED SICK LEAVE A. An employee with sick leave in excess of 480 hours accrued on September 30th of each fiscal year will be iaid a maximum of 52 hours of sick leave at the rate of pay in eftect on September 30' In no event will an employee be paid in excess of 52 hours unless separation from the County occurs as covered under the provisions of this section. Employee may elect to retain sick leave accrual and must notify Personnel by September I of each fiscal year if they do not want to receive payment for unused sick leave. B An employee 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 as follows: 5 to 10 years of service - 114 of all accrued sick leave, with a maximum of 30 days. 10 to IS years of service - 112 of all accrued sick leave, with a maximum of90 days. IS 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. -23 - 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 45 46 47 ARTICLE 29 HOLIDAYS 30.1 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. 30.2 EUGmILITY 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. 30.3 WORK DURING HOUDAYS Each employee shall observe all holidays designated in this Section, provided that the work load of the department is, in the discretion of the County Administrator, such that the: employee's work load cannot be discontinued without causing a hardship to the County. In the event that the work load in any department does not permit the observance of any designated holiday, all employees required to work on said designated holiday, or if holiday falls on employees designated day off, may be granted another day's leave in lieu of the holiday or paid for the work performed on the holiday. If employee wishes to substitute a holiday, it will be scheduled in the manner as annuallcave. 30.4 HOLIDAYS FALLING ON WEEKENDS Unless otherwise specified by the Board of County Commissioners - when a holiday falls on a Saturday, the preceding Friday shall be observed as a holiday _ when a holiday falls on a Sunday, the following Monday shall be observed as a holiday. MI:704Sv4 -24- Some County facilities are open on Saturdays and Sundays. When a holiday falls on a Saturday or Sunday, those facilities will observe the holiday on the actual holiday in lieu ofthe normally scheduled County Holiday. 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 45 30.5 HaLIDA Y DURING PAID LEAVE Employees on annual or sick leave during periods when designated holidays occur, shall not have the day of the holiday charged against their accrued leave. 30.6 aBSERV ANCE aF REUGIaUS HaLIDA YS Employees who choose to observe other "holidays' for religious or other reasons must do so by utilizing annual leave pursuant to Article 31 ARTICLE 30 ANNUAL LEAVE A. EUGffiILITY All salaried employees with regular status working 20 hours or more per week shall earn and accrue annual leave with pay. B. ACCRUAL For current employees and employees hired on or prior to September 30, 1999, annual leave for regular, employees shall be earned in accordance with the following table: Years of Continuous Service Hours of Leave Earned During Each Calendar Month 1 through 3 years 40 HPW 4 hours per bi-weekly pay period (13 working days per year) 4 through 10 years 5 hours per bi-weekly pay period (16 1/4 working days per year) 11 through 15 years 6 hours perbi-weekly pay period (19 1/2 working days per year) MI:7048v4 - 25- Hours of Leave Earned During Each Calendar Month 37 Yz HPW 3.75 hours per bi-weekly pay period (13 working days per year) 4.75 hours per bi-weekly pay period (16.5 working days per year) 5.75 hours per bi-weekly pay period (19.9 working days per year) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I7 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 MI:7048v4 16 through termination of employment 7 hours per bi-weekly pay period (22 3/4 working days per year) 6.75 hours per bi weekly pay period (23.4 working days per year) Monroe County currently has a bi-weekly pay period system commencing at 12:00 a.m. Sunday, ending two Saturdays later at 11:59 p.m. There are 26 pay periods per year. For employees who are hired on October 1, 1999, or after Annual leave for regular, full-time employees with a work week of 40 hours per week shall be earned in accordance with the following table: Years of Continuous 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 IS years 5 hours per bi -weekly pay period (16 1/4 working days per year) 16 through termination of employment 6 hours per bi-weekly pay period (19 1/2 working days per year) Monroe County currently has a bi-weekly pay period system commencing at 12:00 a.m. Sunday, ending two Saturdays later at 11 :59 p.m. There are 26 pay periods per year. Annual leave for employees working less than 40 hours per week, but more than 20 hours per week will be prorated according to the hours worked. When there has been a break in employment of 48 hours or more, the employee, upon reinstatement or re-employment, will begin earning annual leave as a new employee. Employees who are on leave without pay status for more than 8 hours during a pay period will not accrue annual leave for that pay period. -26- 1 C. 2 3 1. Annual leave may be used on a payday -to-payday basis as it is earned 4 according to scheduling requirements and may be accumulated up to 40 working 5 days. Any time earned in excess of this amount will be paid to the employee at 6 their rate of pay in effect on September 30th . 7 8 2. All annual leave must be approved in advance by the applicable Department 9 Head, Division Director and/or the County Administrator depending on the 10 position held by the requesting employee. The employee shall fill out his Leave 11 Request Form and submit it to the Department Head, who has the right to deny an 12 employee's request for annual leave, if granting such leave at that time would be \3 detrimental to County operations. Upon such denial, the employee may request 14 the leave at another time. 15 16 The Department Head is responsible for verifYing that the employee does have 17 sufficient accrued leave to cover the period of absence, and should return the 18 leave request to the employee indicating approval or denial, within seven (7) days 19 of receipt of the request, unless a valid reason is given to the employee for the 20 delay. 21 22 D. ANNUAL LEAVE PAY UPON SEPARATION 23 24 Payment of annual leave be based on the employee's regular rate of pay and terms 25 of separation. 26 27 E. RESTRICTIONS 28 29 Annual leave may be used for any purpose; however, it is a privilege incident to 30 County service and is not a right, and may only be used by the employee if taken 31 prior to termination for cause or in accordance with these policies, with the 32 following restrictions: 33 34 I. Annual leave may not be taken until accrued in accordance with these 35 rules. 36 37 2. Employees will not accrue annual leave during a leave of absence 38 without pay, a suspension or when the employee is otherwise in a non-paid 39 status. 40 41 3. Article 25.2 -Resignations. 42 43 4. Employees who leave the County service without proper notice or who 44 are terminated for just cause may be denied payment of accrued annual 45 leave. 46 MI:7048v4 - 27- 1 2 3 4 5 6 7 8 9 10 32.1 11 12 13 14 15 16 17 18 19 20 32.2 21 22 23 24 25 32.3 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 MI:7048v4 5. An employee who leaves the County and who wishes to receive payment for annual leave must sign a waiver and general release of any and all claims against the County and its official, managers, supervisors, employees and insurers to receive payment of annual leave. ARTICLE 31 UNIFORMS. TOOLS AND EOUIPMENT For employees required to wear a uniform, the County will furnish two sets of shirts and pants for each day the employee is regularly scheduled to work: in a workweek, plus one additional uniform, i.e., five-day employees will have 11 sets and four-day employees will have 9 sets, and all on-call employees shall receive an additional 2 sets, not to exceed 15 sets. Bargaining unit employees shall be given their choice of long or sbort pants, except for those positions for which the County makes the determination that long pants are required. The determination to require long pants will not be arbitrarily made. Such uniforms are not to be worn except while employees are on the job and while 1I1Iveling to and from the job. Tools and equipment that are normally supplied by the County will be used properly and carefully by employees who require them in their work:. It is the responsibility of the employee to use and secure such tools and equipment in such a manner as to minimize the: potential for loss or theft. Tools and equipment provided by the County will be replaced by the County if they are stolen or broken during normal use and provided proper care and prescribed security measures have been followed and loss or breakage is not due to the employee's negligence or abuse. Loss or breakage due to employee's negligence or abuse is subject to discipline ARTICLE 32 REMUNERATION AU current bargaining unit employees covered by this Agreement will receive the following wage increases. The County will grant a cost-of-living increase up to a maximum of five percent (5%) to all unit employees effective October 1, 2006, and also effective October I in 2007 and 2008. The "CPill" index will be used to determine the increases. The County will also grant merit increases up to a maximum of five percent (5%) to unit employees who qualifY for those increases. Those merit increases, if granted, will be effective on the employee's anniversary date. Those increases will be implemented during the 2006-2007, 2007-2008, and 2008-2009 fiscal years, through September 30, 2009. -28 - 1 2 3 4 5 34.1 6 7 8 9 10 11 12 13 34.2 14 15 16 17 18 19 20 21 34.3 22 23 24 25 26 27 28 29 30 35.1 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 MI:7048v4 ARTICLE 33 ENTIRE AGREEMENT The parties acknowledge that during the negotiations, which resulted in this Agreement, each had the unlimited right to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining. They, therefore, each voluntarily and unqualifiedly waive the right for the term of this Agreement to bargain collectively with respect to any matter referred to or covered in this Agreement, or with respect to any subject or malter not specifically referred to or covered by this Agreement. This Agreement represents the entire agreement between the parties and no other agreements or practices are binding upon either party hereto with respect to wages, hours or working conditions of the employees covered hereby. The County shall not be obligated to continue any benefits or employee practices which it has given or engaged in prior to the execution of this Agreement unless such benefits or practices are specifically set forth in this Agreement, and past practices of the County will not be considered in interpreting this Agreement. The parties also agree that the County may unilaterally make changes in the terms and conditions not covered in this Agreement without having to bargain over any such decision or its effects. This Agreement expressly permits the County's right to make such changes. ARTICLE 34 PRINTING AGREEMENT This Agreement shall be printed within a reasonable time by the County. The County shall provide three originals of the contract to the Union. ARTICLE 3S SAVINGS CLAUSE If :my article, section, or provision of this Agreement should be found invalid, illegal or not enforceable by reason of any existing or subsequently enacted legislation or by judicial authority, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. If such action occurs, the County and thl' Union shall meet within thirty days for the purpose of negotiating a mutually satisfactory replacement for such provision. -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 ARTICLE 36 DURATION OF CONTRACT 37.1 After ratification by the parties, this Agreement shall be effective as of August 1,2006, and shall remain in full force and effect until midnight, September 30,2009. BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA TEAMSTERS LOCAL UNION NO. 769 ~ BY.~ {Pre id t Date: 8f!7/u' By: Chairman Date: 070/Q-Oc- Attest: ~47 Business Representative By: Date: JJ //;7 k~ B 'a,;;t;,) D. c . DANNYL.KOLHAGE.Cl~k 127-/ 9-o~ ::I: ...... c::o ~"'1 C> <::I c::o :z :P ... , ::o(")z en :"-;"1 o -,-'"' ..., C) ('II"'":: " :x""' I 0" ("). r C) 0(")' en :'G ~?J ~'~'~ " ~? --iCJ~'_: =s:: "j ~ -; -'- ~ C} ~. ):> C:1 r- C) ~"'d ::t> rq C) eJ Date: s Approved 1\s To Form By: Attorn Date: 7Jt}h MI:7048v4 -30- 4. r : a ,4 • 41 . I R7 le 4H k ,M v • 0 IA 18 lb i I . n.4 ai a id u '. I ert, ;7. vs.w4:.:f x,.xx� :.v)Pp$,.:>;; th o1 4h • .i O 410 .1 O b► • • 10 • 4 -+ 0 ell:gm sb .a v aA o ° . • • g.• H�� do HH rI id al a 00 y .� 4w a .w ,i � ' g43q! Ra k + • 4 • II v •r - • Y. :: p►pit L M'I't .'. r c v r *- k ail • N 1^{ , )`kha3tW,,w.,a..o ,r llb n • . .� A ./ 0 Sri • M M • d • th • •VA • v r, i1 4A� •A ►� / 4r yo 1 II 0 UM O M • ►4 UKi wq 4 �� .. �' �,.5 : ;i:4�- ya . it. ° rtl16100u o rp6i+.• H40 a • N w _ .. .. .. .. .. .. .. .. .. .. a 43 .4hi'r •' giCi.killiAlliiilalt �` N `� A . • . ~ o • A .0 • • •-t • .� e.i►4 0,:. rs M v.-4 *i u r4 •■ s: v .4..4 4�. 1pa� +oF I i 0 ..4 � •y,'o` vial-.( • aooar4 • ou#14 ▪ 1 O y 7S U w b�d s ."4 M+i v a ..k u u bo pf a V.4 a; i ii co +1 8 w II • .a .•PPso • el AN.-t-.4V41 HO o ,,r=,4i sia+ yifiquugp. "! °VN VaoAATiyywNVI C., $ 0 z a � i I A • A 3. H Ta k .0 �• q tn y� , y pp , k au 3 w iA O O O Ai 0 g O 'hh� U H u Ma 1 1 W • 0Zli ! o • O• . - Fr( POUX .> ZU I al ' tt jot.. O f= 4 • . �iIMY a euu4 i 1:4aMn tHsttt �euu . P•3 MA'f-2t-2204 11:30 h` P.03 4% RC-93_063 ,'�s'•- RC-93 Oi4 Ai RC-93-065 management, mechanic II! - fleet . `'' '2 0 :: management, n dbanic TT -renviraelmenei1 i • • 'management, mechanic III environ aental:-" management, operator, paint and bodyn.:. .,ate mechanic I, paint and body mechanic x ;, painter, painter foreman, pas tdic►. ` e'-1 ' • park attendant, plumber, plumbes faiO4 L'• man, resident peck attendant, mono•.AN& a ` striper, roofer, security guard - ^ ' Att ' i aitport, security::gourd 0orreetict 14 j fertility, seenrit, guars bF cnrrscti' °mil e- fireman, senidar comsmnia$t1 ..t is i clan, services manager fleet mamegn; want, eerviass teobaician, shift ao t A-1 -. captaim/airport rescue, survey party • chief, toll collector, traffic sips „ :Y 000rdinator,' transportation driver, • truck driver, and weigbmaster.' R:. t : All temporary employees, grant - :efloyses, supervit#era, and all other eioyees of the Monroe County Board of County Commissioners. The election results are as follows: 1. Approximate number of eligible voters � 2. Void ballots 3. Votes cast for Petitioner 129 4. Votes cant against participating organization --1 5. Valid votes counted 6. Challenged ballots 7. Valid votes counted plus challenged ballots -- 6. Challenges are not sufficient to affect the results of the election. The Commission VIRIFIES the results of the election con- ducted March 22, 1994. Petitioner (OR-96-047) received a majority of the validArotss plus challenged ballots. Pursuant to Section 447.307(3) (b) , Florida Statutes, the Commission CERTIFIES the Petitioner as the exclusive bargaining representative for employees in the unit described above. Certification number 103,E is issued to the Petitioner. This order may be.,appealed to the appropriate district court of appeal. A notice of appal must be received by the Commission and the district court of appeal within thirty days from the data of this order. Except in cases of indigene?, the court will ki + H�MY re / eUU4 1 1 : 4yHf1 H; HStMJL I .14UU P, .} ' MR'I-27-2004 11:30 P.04 RC-93.063 RC-93-064 RC-93-065 require a filing fee and the Commission will require payment for preparing •the record on appeal. Further explanation of the right to appeal•-$a provided in Sections 120.68 and 447.504, Florida Statutes, and the Florida Rules of appellate Procedure. Alternatively, a motion for reconsideration may be filed. The motionau.uat be received by the Commission within fifteen days from the date of this order. The motion shall state the parti- cular points of feet or law allegedly overlooked or misappre- hended by the,Commission, And shall not reargue the merits of the order. Fo •,further explisnition, refer to Florida Administrative Code Rule 3,8p-15.005. It is so Ordered. IORNB, Chairman, SLOAN and ANTHONY, Commissioners, concur. I HEREBY CERTIFY that this document was filed and a copy served on each party on 7 , 1994. BY: ; 24WAZ),i7. rt1-46sL 4.0 S " rk /slm _. Altiet/ . .. . .,W • ..:it L_ _ :; Z ��, oA_�. -fi n.. o: ._., .Y 7. . f1^ stSd .t... . • _ . " lc. . i, r- •..• y .acrirpletl y . . .' . _ . ... • ..c:. :I .:'r re..tiir .Ftc _•,_rcf L. - . _ : - - - i •, -i ..-1 i•v.fi. =cj�e ?•1 . . . .E•.L.. ..1 e/b •• • . a . •i 4.t a tr.:61..,t: • . , t:!t; .1 .j0.Siar1i Lair .i ,, _k _ • . • )!f >• .I :1,_ 1, , c ...7 ^ -:lsi• edi tx1Y� ;t neck' ' - h! .'. .i: a*• :1,-.it - ::. • • I. Illw auto' af'. .4-:rt-. ,,c•,f_ 7s:., ,.: 4 Bulletin Bo.nI Locadons Publle Work> Detendon Fllclllty Stop 119 Airports K.ey West Stop #5 R.i.honl PoweO Courthoule Stop 118 Ro.ds & Bridges Trailer - Key West F.dlltl.. M.lnleu..... John Klug Stop #4 CudJoo K.y Trousf.r Station Stop #10 Publle Works Marathon Stop #16 Pubilo Works - P.K. MaroI. Stop#!9 K.y L.rgo 1'rous'er Stallon Stop #24 Airport Maratbon Stop #15 Loug K.y 1'nnlCer Station Stop #!7 C.rd Snuod 1'00 Foolllty K.y L.rgo Stop #25 .... u Z ::I o >= o '" t? 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