AGREEMENT. -Between- THE BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA. -And-

Transcription

1 AGREEMENT THE BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA -Between- -And- FEDERATION OF PUBLIC EMPLOYEES A DIVISION OF THE NATIONAL FEDERATION OF PUBLIC AND PRIVATE EMPLOYEES AFFILIATED WITH DISTRICT 1- MEBA (AFL-CIO) (PORT EVERGLADES PUBLIC WORKS MAINTENANCE UNIT) Effective June 19, 2001 through September 30, 2003

2 TABLE OF CONTENTS ARTICLE SUBJECT PAGE 1 RECOGNITION DEFINITIONS MANAGEMENT RIGHTS AND PREROGATIVES GRIEVANCE AND ARBITRATION PROCEDURE BULLETIN BOARDS JOB POSTING TEMPORARY ASSIGNMENTS SAFETY WORK WEEK AND OVERTIME PROBATION BREAKS MEAL BREAK RULES AND REGULATIONS TERMINATION LAYOFF AND RECALL SENIORITY UNIFORMS UNION SHOP STEWARDS JURY DUTY AND WITNESS PAY ANNUAL LEAVE PARENTING LEAVE i

3 TABLE OF CONTENTS (CONTINUED) ARTICLE SUBJECT PAGE 22 FUNERAL LEAVE SICK LEAVE MILITARY LEAVE LEAVE OF ABSENCE WITHOUT PAY EDUCATION/TRAINING ASSISTANCE PROGRAM GROUP INSURANCE PENSION STRIKES, SLOWDOWNS UNION DEDUCTIONS PAID HOLIDAYS WAGES AND PAY PLAN APPENDIX A-2 APPENDIX A-3 APPENDIX A-4 33 SUCCESSOR CLAUSE POLITICAL ACTIVITY VOTING TIME HEALTH INSURANCE FOR RETIREES & SUBSTANCE ABUSE DISCRIMINATION IMPASSE RESOLUTION USE OF PAYROLL UNIT FOR DISTRIBUTION OF UNION MATERIAL ii

4 TABLE OF CONTENTS (CONTINUED) ARTICLE SUBJECT PAGE 40 PERSONAL PROPERTY DAMAGE SAVINGS CLAUSE MEDICAL EXAMINATION LETTERS OF UNDERSTANDING TERM OF CONTRACT SIGNATURE PAGE iii

5 ARTICLE 1 RECOGNITION Broward County, hereinafter referred to as the "County", recognizes the Federation of Public Employees, A Division Of The National Federation Of Public and Private Employees, Affiliated with District 1- MEBA (AFL-CIO), (Port Everglades Public Works Maintenance Unit), hereinafter referred to as the "Union", as the exclusive representative for purposes of collective bargaining with respect to rates of pay, wages, hours of employment and other terms and conditions of employment in the following designated unit: Included: All regular full and part-time non-exempt non-probationary employees employed by the Broward County Board of County Commissioners at its Port Everglades in the following classifications: Groundskeeper, Building Service Worker, Clerk/Radio Operator, Warehousekeeper, Maintenance Construction Worker, Sweeper Operator, Lead Groundskeeper, Lead Building Service Worker, Storekeeper, Fender Construction, Painter, Auto Mechanic II, Terminal Service Lead Worker, Equipment Operator, Sign Painter, Welder, Ships Service Worker, Overhead Door Mechanic, Auto Mechanic I, Loading Bridge Mechanic, Carpenter, Electrician, A/C Mechanic, Plumber, Building Technician, Building Technician II. Excluded: All other Broward County Department of Port Everglades employees except those employees employed in any job classification mutually agreed to by the parties. 1

6 Whenever used in this agreement, the word "Employee" or "Employees" shall mean any person or persons employed in the aforedescribed unit as defined by the Florida Public Employees Relations Commission, Case No. RC , Certification # 1292, Certification of Exclusive Bargaining Representative. The parties to this Agreement agree to impact bargain on the request of either party as required by law. 2

7 ARTICLE 2 DEFINITIONS Terms in this Agreement shall be defined as follows: A. Federation of Public Employees, a division of the National Federation of Public and Private Employees (AFL-CIO) which has been granted the right to represent exclusively the members of the bargaining unit is synonymous with "Union" when referred to herein. B. "Agreement" - - That document which delineates the items and terms which were mutually agreed to as the result of collective bargaining. C. "Bargaining Unit" - - That group of employees determined by the County of Broward, Florida and FPE and approved by the Florida Public Employees Relations Commission to be appropriate for the purpose of collective bargaining. D. "Collective Bargaining" - - The performance of mutual obligations of the public employer and the bargaining agent of the employee organization to meet at reasonable times, to negotiate in good faith, and to execute a written contract with respect to agreements reached concerning wages, hours, and conditions of employment. E. "PERC" - - Public Employees Relations Commission, a regulatory state agency created under CH. 447 (F.S.). F. "PERA" - - Public Employees Relations Act, CH. 447 (F.S.) governing collective bargaining with public employees. G. "Seniority" - - Shall be defined as the length of continuous service with the County of 3

8 Broward, Florida or the former Port Everglades Authority as a member of the bargaining unit. "Continuous Service" means uninterrupted employment with the County of Broward, Florida or the former Port Everglades Authority as a member of the bargaining unit. H. "Immediate Supervisor" -- That person in an administrative or supervisory position directly responsible for the supervision and direction of an employee and to whom the employee is directly responsible. An immediate supervisor who is a unit member shall be excluded from responding to grievances pursuant to Article 15. I. "Employee" - - That person in the bargaining unit as described in Paragraph C, above. J. "Termination" - - The act of separation from employment through retirement, discharge for just cause, discharge during the probationary period, voluntary or involuntary resignation, or death. K. "Probationary Employee" - - A newly hired employee whether full-time or part-time who has completed less than one hundred eighty (180) calendar days of County employment. The probationary period may be extended for up to an additional ninety (90) calendar days upon the written request of the Division Director and the approval of the Director of Human Resources. Probationary employees shall be covered by the provisions of this agreement except that no grievance may be filed on their behalf relating to discipline or discharge from employment. L. "Permanent Employee" - - An employee who has satisfactorily completed no less than one hundred eighty (180) calendar days of employment in a position which has no predetermined termination date and calls for the employee to work the basic work period or the 4

9 normal work week as defined in Article 6 of this Agreement. M. "Regular Part-Time Employee" - - An employee who has satisfactorily completed no less than one hundred eighty (180) calendar days of employment in a position which calls for the employee to work less than the normal work week but at least twenty (20) hours per week. N. "Temporary or Temporary Part-Time Employees" - - Employees who have a predetermined termination date. Temporary employees shall not be covered by any of the provisions of this Agreement. O. "The Parties" - - County of Broward, Florida, and FPE. P. "Transfer" - - Change in work location within the same job class. Bargaining unit employees may request a transfer to another vacant position within their division by notifying the Division Director in writing. All written requests for transfer shall be considered before a vacancy is filled by the Division. A notice of request to fill a vacancy will be posted in each Division. Employees will be made aware of the location for such posting. 5

10 ARTICLE 3 MANAGEMENT RIGHTS AND PREROGATIVES It is understood that Broward County has the right to operate the department and divisions of Port Everglades and this agreement shall not be construed to limit in any way the right of Broward County to manage and operate its business. In order to fulfill this commitment and responsibility, the County shall have the right, subject to the terms and conditions of this agreement, to: 1. Hire, promote and evaluate employees. 2. Discipline, demote, suspend or discharge employees for just cause. 3. Determine unilaterally the purpose the Department and each division or operation. 4. Determine what reasonable work activities are performed. 5. Exercise control and discretion over the organization and operation of the Port Everglades Department. 6. Cause reductions in work force for legitimate reasons. 7. Set standards of service to be provided. 8. Formulate, change or modify rules, regulations and procedures provided it is not contrary to the provisions of this agreement. 6

11 ARTICLE 4 GRIEVANCE AND ARBITRATION PROCEDURE Section 1: Grievance Procedure A. A grievance shall be defined as any controversy or dispute arising between the parties involving questions of interpretation or application of the terms and provisions of this Agreement, or any rule, order, or regulation of the County deemed to be in violation of this Agreement. Having a desire to create and maintain labor relations harmony between them, the parties hereto agree that they will promptly attempt to adjust all complaints, disputes, controversies or other grievances arising between them involving questions of interpretation or application of the terms and provisions of this Agreement and other conditions of employment. B. Thus, should differences or disputes arise between the parties to this Agreement or between the employees covered herein and the County, other than cases of discharge and/or suspension, the aggrieved party to this Agreement or employee, or employees, as the case may be, shall use the following procedures: Step 1. In the event that an employee believes there is a basis for a grievance, said employee and/or a Union representative shall present a formal grievance in writing to the employee's division head within five (5) working days of the date of the occurrence of the event giving rise to the grievance. Upon presentation of this written grievance to the division head, and within five (5) working days thereafter, the division head, the employee and the Union's representative shall attempt to resolve the same dispute and, within five (5) working 7

12 days thereafter, the division head shall render a decision in writing to both the employee and to the Union. Step 2. In the event the aggrieved employee and/or the Union is not satisfied with the written answer to Step 1 above, the said grievance shall be presented within five (5) working days after the written answer above to the Port Director, or his/her designee, who will, within five (5) working days of the receipt of same meet with a representative of the Union in an attempt to resolve the said grievance. At this meeting, the employee and/ or the Union Shop Steward may also be present. Within five (5) working days after this meeting, the Port Director or his/her designee shall render a decision in writing. C. In the event an employee is discharged and/or suspended by the County, the aggrieved party to this Agreement or employee or employees shall, within five (5) working days of written notice of discharge and/or suspension grieve his/her discharge and/or suspension to the Port Director, or his/her designee who shall, within five (5) working days of the receipt of the same, meet with a representative of the Union in an attempt to resolve the grievance. At this meeting the employee and/or the Union Shop Steward shall also be present. Within five (5) working days after this meeting, the Port Director shall render his/her decision in writing. D. With respect to discharge and/or suspension, the County shall notify the affected employee no later than ten (10) working days from the date the County fixes the responsibility for the incident upon which the discharge and/or suspension is based. The County's failure to comply with the ten (10) working day period shall constitute a waiver of its 8

13 rights to take any disciplinary action against the employee or employees, including, but not limited to, oral reprimand, written reprimand, suspensions or discharges, for the incident. E. The time limitations provided in this Article shall be strictly observed and shall be extended only by written agreement of the parties. In the event that the County fails to comply with any of the aforesaid time limitations in Steps 1 through 3 of the grievance procedure or Sections 1-C, 1-D and/or 2-A of this Article, the County shall be deemed to have waived its right to contest said grievance and said grievance shall be sustained with all requested relief automatically implemented. In the event that the Union fails to comply with any of the aforesaid time limitations in Steps 1 through 3 of the grievance procedure or Sections 1-C, and/or 2-A of this Article, the grievance shall be deemed denied and no relief granted. F. Application to this procedure shall foreclose the grievant from appealing to any other available County procedure or vice-versa. G. Nothing in this Article shall require the Union to process grievances for employees who are not members of the Union in conformity with Florida Law. Section 2: Arbitration A. In the event any disputes and/or differences, including discharges and suspensions, have been properly processed through the grievance procedure without resolution, the Union may demand arbitration and this demand, in writing, shall be presented to the Port Director, or his designee, within ten (10) working days from the receipt of the decision of the previous step. The Arbitrator shall be appointed by mutual consideration of the parties. In the event 9

14 the parties are unable to agree upon a neutral within ten (10) working days after the arbitration is invoked, either party may petition the Federal Mediation and Conciliation Service and request a list of five (5) qualified arbitrators and from said list the parties shall alternately strike and select a single arbitrator to preside as a neutral at the hearing involving the grievance. The decision of said arbitrator shall be final and binding upon both parties. The arbitrator shall not be empowered to alter, amend, add to, or eliminate any provisions of this Collective Bargaining Agreement. Expenses shall be borne equally by both parties. B. In the event that an employee has been disciplined to the extent that he or she has been suspended or discharged and is reinstated by an arbitrator's decision, the employee shall be reinstated with all back pay and with no loss or impairment of any rights under this Agreement or other rules and regulations of the County, unless directed otherwise by the arbitrator. C. In the event that any employee has been suspended and that suspension is upheld, that employee, upon the expiration of that suspension, shall be fully reinstated to his or her former position with no loss or impairment of any of his or her rights under this Collective Bargaining Agreement or other rules and regulations of the County. 10

15 ARTICLE 5 BULLETIN BOARDS The County shall provide space on all Port Everglades Department bulletin boards within its jurisdiction for the Union's posting of official notices of Union meetings, notices of Union election results and of Union recreational, social or civic affairs. A copy of each such notice shall be furnished to the Director of Administration at least one (1) working day prior to posting. Such notices, if considered by the County to be harmful to the conduct of the business of the County or its labor relations, shall be removed or corrected by the Union immediately upon request. 11

16 ARTICLE 6 JOB POSTING Section 1 When the County, at its sole discretion determines to establish and fill a new job or to fill a permanent vacancy in an existing job within the bargaining unit, the County shall post a notice of such job vacancy on all official Department bulletin boards within five(5)working days after a requisition for such job has been approved by the County. Each regular full-time employee within the bargaining unit shall have the first opportunity to apply and be considered for such position as provided hereafter. Section 2 The posted notice will include a job description, job grade if applicable, rate of pay and a deadline for application. The notice will be posted for three full working days. Section 3 Employees who meet the minimum requirements of the position must apply in person in the Division of Administration and shall sign and date a copy of the Position Opportunity Notice. Section 4 All hours worked on an out-of-class basis will be fully applied toward the minimum requirements of the position applied for. Section 5 The posting list shall be valid for a period of sixty (60) days. 12

17 Section 6 If more than one employee in the bargaining unit meets the minimum requirements of the job and the experience and ability to perform the work of such employees is relatively equal, the opening will be filled from among those qualified on the basis of length of service within the bargaining unit as the determining factor. Length of service of bargaining unit employees shall be determined in accordance with the Seniority provisions provided for in this Agreement. 13

18 ARTICLE 7 TEMPORARY ASSIGNMENTS Section 1 Any employee covered by this Agreement who is assigned the duties of a job classification higher than that to which he/she is normally assigned for a period of four (4) hours or more in any pay period (two weeks), shall be paid out-of-classification pay for all hours worked in the higher job classification in that pay period (two weeks). Out-of-classification pay shall be calculated at the rate of pay for the higher graded classification or five per cent (5%) above the employee's regular rate of pay if the rate of pay for the higher graded classification is less than five per cent (5%) above his/her regular rate of pay. An employee who is assigned to work temporarily in a lower job class than that to which normally assigned, will not have his/her rate reduced for work performed in such lower job class except as provided in Section 2. Section 2 In the event an employee's normal classification is changed to a class with a lower wage rate because of poor performance or inability to perform the work assigned in the higher classification, voluntary demotion approved by management, or because the County determines that the job in the higher classification is no longer needed or should be eliminated, such employee will be paid the appropriate rate corresponding to the new class assignment beginning on the effective date of class change. 14

19 ARTICLE 8 SAFETY Section 1 The County shall establish a Safety Board which shall convene monthly during normal business hours. One representative from this bargaining unit, to be designated in writing by the Union, shall serve on the Board at no loss of pay and/or other fringe benefits. The business of the Board shall consist of periodic review of occupational and safety complaints made by employees. Any resolution and/or recommended action by the Board shall be directed, in writing, to the Port Director or his/her designee to be acted upon immediately. Section 2 It shall be mandatory for employees to comply with all safety rules and regulations issued by the County. Furthermore, it shall be the employee's responsibility and obligation to utilize safety equipment and to make reasonable efforts to maintain all equipment used in proper condition. Employees shall report all unsafe conditions to management. Section 3 - Safety Shoes The Department of Port Everglades will provide safety shoes to those employees whose positions involve potentially hazardous conditions. A $ per year reimbursement will be issued for the purchase of these shoes to each employee referred to below. The safety shoes may be purchased from the Department vendor or may be purchased from an independent supplier of the employee's choice. If the shoes are purchased from an independent supplier, they must meet all safety shoe requirements. If the purchase is made from an independent 15

20 or department supplier, the employee must initially pay for the shoes, submit the receipt to his or her Division Director, and be reimbursed for no more than a total of $ It is mandatory for those employees required to wear the safety shoes to have them on at all times while performing job duties which may involve potentially hazardous conditions. If an employee who is required to wear the shoes is found reporting to work or is working without wearing the safety shoes, he/she may be immediately relieved of duty and sent home without pay. Only those employees who submit a doctor's excuse will not be required to wear the safety shoes. The positions that require safety shoes are: 1. Maintenance Division - All employees with the exception of the Secretary. 2. Harbormaster Division - All linespersons. 3. Wharfinger Division - All unit employees. 4. Crane Division - All unit employees. 5. Construction Management - All Building Technicians, Engineers. 6. Any other positions identified by the Division of Administration as involving potentially hazardous conditions which may necessitate the wearing of safety shoes. Employees in a position where non-conductive shoes are required may substitute shoes with non-conductive toe protection for steel toed shoes. However, the annual reimbursement shall remain $

21 ARTICLE 9 WORK WEEK AND OVERTIME Section 1 The work week of all employees shall be five (5) consecutive days followed by two (2) consecutive days off. In the event that there is any change in any of the employee's work schedule, the County shall give notice to both the employee and the Union, in writing, two (2) weeks prior to any change, unless such notice is mutually waived by the parties. When an emergency exists, the two (2) week notice requirement may be waived. All employees will be required to document their work hours in a uniform manner consistent with the operational needs of the Division. The form of documentation shall be at the discretion of the County and shall be uniform and consistent for all bargaining unit employees. Section 2 An employee who works in excess of eight (8) hours in any workday shall be compensated at the rate of one and one-half (1 ½) times his/her regular hourly rate of pay for all time worked in excess of eight (8) hours. For purposes of computation of overtime, employees shall be paid in terms of whole hours. Anytime an employee works less than a full hour of overtime, he/she shall be compensated for the full hour, as if said hour was worked. This provision shall apply to all employees who either (a) work their entire scheduled work week or (b) are on any leave authorized under the collective bargaining agreement and/or rules and regulations of the County. An employee who does not meet either of the two above criteria shall not be entitled to overtime for all hours worked in excess of his/her scheduled work week. 17

22 For purposes of this section, authorized leave shall include but not be limited to the following: (a) (b) (c) (d) (e) (f) compensable injury leave annual leave holiday and/or compensatory time off funeral/pallbearer leave military leave maternity leave For purposes of computing overtime, lunch periods and break periods shall be treated as time actually worked. Section 3 Work performed before 8:00 AM and after 4:30 PM on Saturdays and Sundays shall be paid at the overtime rate of 1 and ½ times the regular rate of pay. Section 4 An employee who is called back to work after completing his/her regular shift and after having clocked out but who remains within the Port jurisdictional area shall be provided with a minimum of four (4) hours work or pay at the employee s applicable over time rate of pay. An employee who has left the Port jurisdictional area and who is called to return to duty after having completed a full scheduled shift will be paid at the applicable overtime rate of pay for all hours worked thereafter with a minimum of four (4) hours work or pay thereafter. Regularly scheduled overtime contiguous to a regular duty shift is not subject to call-back pay. An employee working on a holiday who leaves the Port jurisdictional area after completing 18

23 his/her assignment and is then called back to work will be paid for work performed after the callback at one and one-half times his/her regular rate. Section 5 - Emergency Working Conditions Due to conditions beyond the control of the Employer, including but not limited to things such as hurricanes, windstorms and tornados, if the County Administrator declares an emergency and directs the County to begin Emergency Operations, bargaining unit members shall be compensated as described below: A. Any employee regularly scheduled to work during the declared emergency who is ordered by the Employer s management not to report or to go home prior to the completion of their shift will suffer no loss of pay. Any employee who is on pre-approved sick leave, annual leave or personal day before the declared emergency will suffer no loss of pay and the applicable leave bank shall not be deducted. Such hours paid but not worked will not count as hours worked for computing premium (time and one-half) overtime eligibility. B. Any employee who is ordered, or assigned as a result of volunteering, by the Employer s management to work during the declared emergency shall be compensated at double their straight time base hourly rate for all hours actually worked. This compensation is in lieu of any other compensation. 19

24 ARTICLE 10 PROBATION Section 1 When an employee is hired by the County, said employee shall be on initial probationary status for the first one hundred eighty (180) calendar days of employment. After completion of said period the employee shall attain a permanent employee status. During an employee's initial probationary status, the County may terminate said employee for any reason. Said action shall not be subject to appeal by the employee and/or the Union. Section 2 In the event that an employee, who has successfully completed an initial probationary period, employed by the County fills a vacancy or a new position in any other job classification with the Department of Port Everglades and the County determines, within the promotional probationary period of one hundred eighty (180) days, that the employee has not satisfactorily performed that job, or the employee, within the promotional probationary period, determines that he/she no longer desires to remain in that position, the employee automatically shall return to his/her previous position with the Department with no loss of seniority and/or other fringe benefits. Section 3 When an individual employed by the County in departments and divisions outside of the Port Everglades Public Works Maintenance Unit transfers into the bargaining unit, the following shall apply: A. If a person has completed more than 180 calendar days of employment with the 20

25 County, and has successfully completed an initial probationary period, regardless of department, that person is no longer considered on initial probationary status if and when that person transfers to the Port Everglades Public Works Maintenance Unit bargaining unit at the Port. B. After having an initial probationary period as a County employee, and before completing the probationary period after moving into a Bargaining Unit position in the Port Everglades Public Works Maintenance Unit, a probationary employee may process grievances through the grievance article excluding any grievances relating to the rejection of the probation. 21

26 ARTICLE 11 BREAKS Each employee will be granted a 15 minute paid break at the middle of the first half and again at the middle of the second half of each 8-hour work shift, the specific time to be set by the employee's supervisor. Breaks may be taken at any location chosen by the employee. However, the total time of each break is not to exceed fifteen (15) minutes including any travel time to and from the job site. If an employee wishes to take a break at other than the designated time, permission must be obtained from his/her supervisor. 22

27 ARTICLE 12 MEAL BREAK Each employee will be given a 30-minute meal break which shall normally take place during the middle of his/her shift, (after four hours). This break may, however, be adjusted due to operational considerations as necessary. If an employee is not given a meal break, the County shall pay the employee at the appropriate overtime rate in lieu of such break. A meal break may be taken at any location chosen by the employee. However, the total time of the meal break is not to exceed thirty (30) minutes, including travel time to and from the job site. If an employee wishes to take a meal break at other than the designated time, permission must be obtained from his/her supervisor. 23

28 ARTICLE 13 RULES AND REGULATIONS The Union recognizes the right of the County to establish reasonable rules and regulations, including rules and regulations regarding drug and alcohol abuse, for the safe and efficient conduct of the County's business and reasonable penalties for violation of such rules provided said rules and regulations do not conflict with any provisions of the Collective Bargaining Agreement or any terms and conditions of employment. Established rules, regulations and penalties shall be posted within the Department and divisions. Changes in present rules shall not become effective until they have been posted for seven (7) calendar days at the time of posting and a copy has been directed to the Union by mail. In the event of discrimination in the application of the rules and regulations, the County will take corrective action. 24

29 ARTICLE 14 TERMINATION An employee who is terminated for any reason shall receive all pay due for work performed to the effective date and hour of termination. Said employee shall also be paid for any unused vacation and accrued vacation earned, if applicable. The County agrees that simultaneous with the termination of any employee, a copy of the written notice of termination shall be directed by mail to the Union. When in its sole judgment, the County decides to issue an invitation for contractors to bid to provide a function presently performed by bargaining unit employees, and that action could displace bargaining unit employees, management shall notify the Union at least 30 days prior to the date that the invitation to bid is issued. The Union shall be provided with all pertinent material provided to outside contractors. Under these circumstances, and in any other case where the County subcontracts services, the Union shall have the right to meet with management to discuss the proposed action, and the Union shall have the right to submit alternate proposals for management review. Through the meetings, the parties shall attempt to limit the adverse impact that any possible contracting of services might cause. The meetings shall not preclude the County from proceeding with the process of issuing invitations to bid or awarding of bids, nor shall the meetings cause delay in the issuance of invitations to bid, or the awarding of bids. In the event that an employee no longer is employed by the County due to abolishment of the Department, a division, and/or job classification and/or an employee who is laid off in excess of twelve (12) months and is no longer subject to being recalled by the Department of Port 25

30 Everglades, said employee, in addition to any other benefits to which that employee may be entitled under the Collective Bargaining Agreement and Rules and Regulations of the County, shall receive termination pay according to the following schedule: 12 to 24 months service 2 weeks 25 to 60 months service 4 weeks 61 to 120 months service 6 weeks In excess of 120 months service 10 weeks Employees with service in excess of ten years who are entitled to benefits under this Article shall receive one (1) additional week of salary for each five (5) years of completed service, in excess of ten years. One (1) week's pay shall be calculated by multiplying the employee's regular rate of pay at the time of termination by forty (40) hours. Payment will be made in a lump sum. Payment will not duplicate any similar benefit provided by any municipality or any Federal, State, or other governmental agency except that such payment will not bar payment of unemployment compensation. Payment will not be made to any one who retires under the Florida Retirement Service. 26

31 ARTICLE 15 LAYOFF AND RECALL Prior to any proposed reduction in workforce, furlough, layoff, abolishment of the Department, a division or job classification the County shall, as soon as practicable, notify the Union and the parties shall meet in order to explore alternatives. In the event of a reduction in force, furlough, layoff abolishment of the Department, a division or job classification, the bargaining unit employee with the least seniority as defined in Article 16, shall be the first to be affected and said reduction in force, furlough, layoff, abolishment of the Department, a division or job classification shall continue in the same order thereafter. Any employee who is affected by the above shall have the option of displacing any junior employee in an equal or lower job classification employed by the Department of Port Everglades provided the employee is able to perform the duties of that job classification. Any employee whose employment is affected by any of the circumstances contained above, shall, for a one (1) year period, have the right to fill any subsequent vacancy in the work force provided he/she has the ability to perform the duties of that position. The Department of Port Everglades shall notify, by certified mail, any affected employee of any vacancy. If an employee is rehired within one (1) year, the employee's service record will be reinstated and continuous employment will date from the previous hire date. Service in the Florida Retirement System will be in accordance with the rules and regulations of that system regardless of the employee's service record with the County. 27

32 ARTICLE 16 SENIORITY The parties recognize that promotional opportunity and job security in the event of layoffs and recalls after layoffs should increase in proportion to length of continuous service and that in administering this article, the intent will be to give full consideration to continuous service in such cases. In recognition, however, of the responsibilities of management to efficiently operate the County and the Department of Port Everglades, it is understood and agreed that in all cases of promotion (except to positions excluded from the bargaining unit), the factors of: 1) Continuous service and 2) Ability to perform the work shall be considered and only where the ability to perform the work is relatively equal, shall length of continuous service be the determining factor. Continuous service as used herein shall be calculated from the date an employee was employed in a position covered under this agreement. Employees who transfer from a bargaining unit position covered under this agreement to another position within the Department of Port Everglades but return to a position covered under this agreement within six calendar months of the date of transfer shall be entitled to seniority dating back to the original employment date in the bargaining unit with no break in seniority for the absent period. In the event of a general reduction in personnel, the employee with the least seniority shall be laid off first except as provided in Article 18, Sect. 2., hereof. An employee's continuous 28

33 service will cease and his/her employment will terminate when the employee: 1) Quits; 2) Is discharged; 3) Is laid off and fails to report for work after five (5) days written notice to do so; 4) Has not worked for the Department of Port Everglades for more than two (2) years because of physical disability. No new employee shall be hired until a laid off employee has been given an opportunity to return to work; provided that such recall to work occurs within one year from date of layoff. 29

34 ARTICLE 17 UNIFORMS Section 1: The County will furnish clean uniforms and employees shall be required to wear uniforms of type, design and color as determined by the County, Section 2: All uniforms furnished by the County shall remain the property of the County. Each employee, upon leaving the employ of the County, shall turn in all uniforms so furnished. Section 3: Employees shall give reasonable and proper care to uniforms furnished and shall keep them in proper condition at all times, normal wear and tear excepted. Employees who damage uniforms shall be required to pay for such damage. Section 4: The County agrees to continue the present procedure regarding the cleaning of uniforms but reserves the right to change such procedure if in its sole discretion it considers such change to be necessary, in which event, the County agrees to compensate employees with a clothing allowance in the gross amount of $ per year, before any applicable taxes, commencing within one(1) week of the existing procedure being terminated. Section 5: In the event the County decides that it will discontinue the practice of furnishing uniforms, the County agrees to notify the employees and the Union at least sixty (60) days in advance of 30

35 such decision to discontinue issuing uniforms. The County and the Union shall meet within sixty (60) days of the County's decision to discontinue the practice of furnishing uniforms to negotiate an alternative provision to the Agreement. Section 6: Employees are not permitted, under any circumstances, to wear work uniforms at any time other than to and from the Department of Port Everglades and during working hours. 31

36 ARTICLE 18 UNION SHOP STEWARDS Section 1 The Union shall have one (1) Chief Shop Steward and one (1) alternate Shop Steward, for the designated unit and shall notify the Department of Port Everglades of those representative by mail. The County will thereafter recognize those representatives for all purposes of this Agreement until it receives official written verification from the Union that another employee has been designated Chief Shop Steward and/or alternate Shop Steward. Section 2 The Chief Shop Steward shall be entitled to top seniority within the bargaining unit in case of layoff, for all positions that he/she is capable of performing. Section 3 The Union's Chief Shop Steward or alternate Shop Steward will be given up to fifteen (15) minutes with pay to discuss any grievance with a bargaining unit member. The Chief Shop Steward or alternate Shop Steward shall first notify his/her immediate supervisor and the immediate supervisor of said employee before entering said discussion of grievance, and shall also notify his/her immediate supervisor and the immediate supervisor of said employee at the time that said discussion of grievance has ended. If a grievance is filed and processed, the Union's Chief Shop Steward or alternate Shop Steward will be permitted to attend any grievance meeting called by the County at no loss of pay. 32

37 Section 4 The Union's Chief Shop Steward and alternate shall have the right to attend any and/or all meetings, conferences, etc., between the County and the Union concerning rates of pay, rules and/or working conditions affecting employees within the designated unit at no loss of pay. Section 5 The Chief Shop Steward will be permitted two (2) days off per year and the alternate one (1) day off per year without loss of pay to attend an officially sanctioned Union seminar, meeting or convention. 33

38 ARTICLE 19 JURY DUTY AND WITNESS PAY Employees who are called for jury duty or who are subpoenaed as witnesses before any court of competent jurisdiction or administrative tribunal shall, upon submission of proper proof, be paid straight time compensation for such time as they are actually detained from their regular shift, less any fee received. 34

39 ARTICLE 20 ANNUAL LEAVE Section 1: General Annual leave may be requested for personal or emergency reasons or for vacation. Vacations are for the purpose of rejuvenating both physical and mental faculties and all employees are urged to avail themselves of vacation periods. No employee shall receive pay in lieu of annual leave unless recommendation is made by the Director of Administration and specific approval is given by the Port Director, and such payment is in accord with the provisions of this collective bargaining agreement. Section 2: Eligibility and Rate of Leave Accrual All employees in the bargaining unit shall be entitled to earn and accrue annual leave. Employees begin to accrue leave immediately upon employment. Annual leave shall be earned as follows: YEARS OF EMPLOYMENT Less than four (4) years Four (4) through eight (8) years Nine (9) years and over HOURS EARNED PER YEAR Eighty (80) hours One hundred twenty (120) hours One hundred sixty (160) hours An employee's annual leave pay will be based on the employee's bi-weekly pay rate in effect at the end of the pay roll period completed just prior to the beginning of annual leave. 35

40 Section 3 Requests for Leave A request for annual leave shall be submitted to the employee's immediate supervisor on an approved form designated by the Director of Administration. Leave may be taken only after approved by the employee's division director so that the department/division can function smoothly and efficiently. Annual leave will be granted, when practicable, in line of department/division seniority and in accordance with employee preference, but it is understood that the efficient operation of the Department shall be the first consideration. Leave may only be used as earned and annual leave with pay shall not be allowed in advance of being earned. If an employee has insufficient leave credits to cover a period of absence, no allowance for leave shall be granted in advance or in anticipation of future leave credits. In such cases, payroll deductions for the time lost shall be made for the period during which the absence occurred. Employees may request annual leave after six months of full time regular employment with the Department of Port Everglades. In the event that an employee's scheduled annual leave must be canceled due to operational needs of the Department, the employee shall be given at least thirty (30) days notice, except in the case of emergencies. Employees must submit a written request for annual leave dates prior to March 1 of each calendar year on a form that will be distributed to all employees no later than January 2 of each calendar year. Once approved, any changes in an employee's annual leave schedule must be approved by his/her division director. No such change shall be unreasonably denied. 36

41 In the event that an employee is sick during his/her scheduled annual leave those sick days during said annual leave shall be charged to his/her sick leave time and his/her annual leave shall be extended for the same number of days. Section 4 Minimum Charge One hour is the minimum charge for either annual or sick leave, and additional leave is charged in multiples of one hour. Absences on separate days are not combined. If, for example, an employee is absent a half hour on two separate days, the minimum charge is two hours. Section 5 Use of Annual Leave Annual leave shall be granted in accordance with Section 3 for the following purposes: (a) (b) (c) Vacation. Absences due to illness of members of employee's family. Absences for transaction of personal business which cannot be conducted during off-duty hours. (d) Religious holidays other than those designated by this collective bargaining agreement as official holidays or designated by the County as holidays. (e) For uncovered portions of sick leave, once such leave has been exhausted through illness. However, employees may not use sick leave for annual leave. (f) Any absences from work not covered by other types of leave provisions established by this collective bargaining agreement. 37

42 Section 6 Accumulation of Annual Leave The maximum annual leave that may be carried over from one calendar year to the next shall not exceed a total of 320 hours accrued leave. The date for computation of excess leave for each year shall be December 31. It is the intent of this agreement that employees take their annual leave yearly for the period in which it was earned. Employees carrying excess annual leave should be given the opportunity to use the excess leave. Any deviation from the authorized maximum accumulation must be documented and must be approved by the Port Director. If for extraordinary circumstances, an employee is unable to use sufficient accrued annual leave to reduce his/her annual leave balance to below the maximum level by December 31 of any calendar year, the Port Director may allow the employee to take the excess annual leave by March 31 of the following calendar year. In such cases, excess leave not used by March 31 shall be forfeited. Section 7 Payment of Unused Annual Leave Upon Separation When an employee is separated from service with the County, he/she shall be paid for all accrued and unused annual leave on a one hour pay for each hour accrued leave basis. Section 8 Pay Due During Annual Leave All pay due an employee while on annual leave will be made available to the employee on the last working day preceding the annual leave, provided the employee has submitted a written request for such pay, and such written request has been received by the Finance Division no less than fourteen days prior to the date such pay is desired. 38

43 Section 9 Compassionate Annual Leave Employees covered by this Agreement may participate in the County's Compassionate Annual Leave Donation Program and are subject to the same guidelines and eligibility requirements as non-represented employees. 39

44 ARTICLE 21 PARENTING LEAVE Section 1 Parenting leave is a period of approved absence for incapacitation related to pregnancy and confinement. Parenting leave of absence without pay shall not be unreasonably denied. Normally, annual leave shall be exhausted prior to granting leave without pay. Insurance coverage may be maintained by the employee on parenting leave of absence without pay in accordance with Article 25, Section 6 of this collective bargaining agreement and the County Benefit Program. The time when a pregnant woman should cease or return to work will be determined on an individual basis, and will depend on the physical condition of the particular employee and the nature of her job. Section 2 An employee will be permitted to continue work so long as the conditions of the pregnancy does not adversely impair her work performance or health. The judgement of the division head with approval by the Port Director, concerning the day absence from the job and parenting leave begin shall be based on the written medical opinion of the employee's physician, the nature of the job regarding physical stress or public contact, and the employee's ability to perform normal job duties with full efficiency. The date an employee may be permitted to return to work following parenting leave shall be based on a medical statement from a certified physician stating that she is physically and 40

45 mentally able to perform the normal duties of her position with full efficiency. It shall be the responsibility of the employee to obtain and submit the medical certificate. Section 3 Employees on parenting leave may be eligible for Family & Medical Leave Act (FMLA) leave consistent with the provisions of the FMLA and County rules & procedures. 41

46 ARTICLE 22 FUNERAL LEAVE Section 1 An employee who is absent from regularly scheduled work because of death in the immediate family shall be paid for wages lost beginning on the date of the death to and including the day of the funeral with a maximum payment of forty hours pay. Such payment shall be calculated at the straight time rate at which the employee worked prior to the beginning of the leave. Section 2 An employee's "immediate family" shall include: spouse, parents, children, brother, sister, parents-in-law, grandparents, grand children, brother-in-law, sister-in-law, daughter-in-law, sonin-law, grandparents of the employee's spouse and any other relative who permanently resides in the same house as the employee. Section 3 An employee will be granted necessary time off up to a maximum of two (2) days of leave with pay for the purpose of serving as pallbearer for a funeral for other than a member of the immediate family providing that such leave is requested in advance. Section 4 Proof of death must be furnished by the employee if considered necessary in the opinion of the employee's division director. 42

47 ARTICLE 23 SICK LEAVE Employees, including probationary employees, will earn credit of eight (8) hours of sick pay for each month of service. Such credit will be accumulated from the date of employment and shall be unlimited. An employee who does not use sick leave for a period of six (6) consecutive months will have one (1) bonus day added to his/her vacation leave. Employees may use sick leave credit for personal illness or injury or illness occurring in the immediate family as defined in Article 22 providing that the employee notifies his/her division head on the first day of absence for such illness or injury and states the reason for the absence. Failure to give such notice may be grounds for denial of leave with pay. Illness or injury occurring during an employee's vacation can be adjusted upon written application by the employee upon return to duty. When an employee is disabled because of an occupational injury or illness incurred while he/she was performing assigned duties for the Department of Port Everglades and is eligible to receive Workers' Compensation payments, he/she will be subject to the Broward County Risk Management Division policies and procedures. All bargaining unit employees will be entitled to supplemental disability payments from the County, in accordance with the Civil Service Rules & Regulations and without charge to sick or annual leave. When an employee covered by this Agreement who has no accumulated sick leave credits to use to supplement workers' compensation payments or if an employee has no accumulated sick leave credits and suffers a non job related illness or injury, other employees 43