2003-059 SBWA Agreement 10/1/02 - 9/30/04•
RESOLUTION 59-2003
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORI7ING AND DIRECTING THE MAYOR AND VILLAGE
CLERK TO ENTER INTO AN AGREEMENT BETWEEN THE VILLAGE AND THE
SERVICE AND BUSINESS WORKERS OF AMERICA, LOCAL 125, ATTACHED AS
EXHIBIT "A"; AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby
approve the Agreement with the Service and Business Workers of America, Local 125, which
Agreement has an effective date commencing October 1, 2002 and expiring September 30, 2004.
The Agreement is attached as Exhibit "A".
Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the
Agreement with the Service and Business Workers of America, Local 125 set forth in Exhibit
"A" for and on behalf of the Village of North Palm Beach.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 23rd DAY OF OCTOBER, 2003.
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(Village Seal) -
~ c ~41o,r.1 ;, MAYOR
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VILLAGE CLERK
•
•
AGREEMENT
BETWEEN
THE VILLAGE OF NORTH PALM BEACH
AND
SERVICE AND BUSINESS WORKERS OF AMERICA
LOCAL 125
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TABLE OF CONTENTS
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•
T1TLE OF ARTICLE PAGE
Article 1 -Preamble .......................................................................................................4
Article 2 -Recognition ...................................................................................................5
Article 3 -Non-Discrimination ......................................................................................6
Article 4 -Management Rights .........
........................................7
Article 5 -Vehicles, Equipment, Safety, Health and Cooperation ............................9
Article 6 -Grievance Procedure .................................................................................11
Article 7 -Disciplinary Appeals ..................................................................................16
Article 8 -Americans with Disabilities Act ................................................................18
Article 9 -Family Medical Leave ................................................................................19
Article 10 -Dues Deduction .........................................................................................20
Article 11 -Military Leave ..........................................................................................21
Article 12 -Paid Vacation ............................................................................................22
Article 13 -Insurance Benefits ....................................................................................25
Article 14-Workers Compensation ...........................................................................26
Article 15 -Seniority, Subcontracting, and Layoff....
Article 16 -Tool Replacement .......................................
Article 17-Sick Leave........
.............................. 2 7
.......................... 2 9
........................................3 0
Article 18 -Legal Benefits ...........................................................................................32
Article 19 -Drug and Alcohol Testing ........................................................................33
Article 20 -Holiday ......................................................................................................35
Article 21 -Bereavement Leave ..................................................................................36
Article 22 -Hours of Work and Overtime .................................................................37
Article 23 -Prevailing Rights ......................................................................................39
Article 24 - Severability Clause ...................................................................................40
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Article 25 - No Strike ...................................................................................................41
• Article 26 -Contract Constitutes Entire Agreement of the Parties .........................42
Article 27 -Productivity ..............................................................................................43
Article 28 -Recruitment and Employment ................................................................44
Article 29 -Union Rights and Privileges ....................................................................45
Article 30 -Work Assignments ...................................................................................47
Article 31 -Off Duty Employment ..............................................................................48
Article 32 -Political Activity and Voting ...................................................................49
Article 33 -Education and Training ...........................................................................50
Article 34 -Pension Plan ..............................................................................................51
Article 35 -Wages ........................................................................................................52
Article 36 -Miscellaneous ............................................................................................54
Article 37 -Call-Back/Emergency Compensation .....................................................55
Article 38 -Certification Pay .......................................................................................56
Article 39 -Term of Agreement ..................................................................................57
Signature Page ...............................................................................................................59
Attachment 1 ..................................................................................................................60
Attachment II ................................................................................................................61
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ARTICLE 1 -PREAMBLE
This Agreement is entered into by the VILLAGE OF NORTH PALM BEACH, State of Florida,
• hereinafter referred to as the "Village, and the SERVICE AND BUSINESS WORKERS OF
AMERICA, LOCAL 125 - hereinafter referred to as SB WA, for the purpose of promoting
harmonious relations between the Village and the SBWA, to establish an orderly and peaceful
procedure, to settle differences which might arise and to set forth the basic and full Agreement
between the parties concerning rates of pay, hours of work and overtime and other conditions of
employment as provided by law.
•
ARTICLE 2 -RECOGNITION
• Section/: The Village hereby recognizes the SBWA as the exclusive bargaining
representative for all regular full-time paid Employees in the unit certified by the Public
Employees Relations Commission certification # 1231, Case No. RC-98-058, dated December 1,
1998 (attached as Attachment II).
Section 2. SBWA recognizes the Village Council as the elected representatives of the
citizens of the Village of North Palm Beach and the legally constituted authority responsible for
the determining the purpose, mission and operations of the Village.
•
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ARTICLE 3 -NON-DISCRIMINATION
Section 1. All reference in this Agreement to Employees of the male gender are used for
• convenience only, and shall be construed to include both male and female Employees.
Section 1. Both parties agree to comply with applicable federal and state statues regarding
non-discrimination.
ARTICLE 4 -MANAGEMENT RIGHTS
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Sec[ion 1. Except as otherwise limited by a provision of this Agreement, the Village reserves
and retains exclusively all of its responsibilities and authorities to operate and manage its affairs.
The rights of the Village through its management officials, shall include, but not be limited to,
the following:
A. To manage and direct the Employees of the Village.
B. To hire, promote, transfer, schedule, assign and retain employees in positions with
the Village
C. To suspend, demote, discharge or take other disciplinary actin against Employees
forjust cause.
D. To relieve Employees from duties because of lack of work, funds or other
legitimate reasons.
E. To maintain the efficiency of the operations of the Village.
F. To determine the methods, means and personnel by which such operations are to
be conducted.
G. To determine the organization of Village government.
H. To determine the number of Employees to be employed by the Village.
I. To determine the number, types and grades of positions or Employees assigned to
an organization unit, department or project.
J. To determine internal security practices
•
Sec[ion 2. If, in the discretion of the Village Manager or designee, it is determined that a
civil emergency condition exists, including, but not limited to, riots, civil disorders, hurricane
conditions or other catastrophes, the provisions of the Agreement may be suspended by the
Village Manager or designee, during the time of the declared emergency, provided that wage
rates and monetary fringe benefits shall not be suspended.
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Section 3. Delivery of municipal services in the most efficient, effective and courteous
manner is of paramount importance to the Village of North Palm Beach and SBWA accordingly,
• SBWA agrees that it will ask its members to work diligently in order that the services performed
meet the above standards.
Section 4 Those inherent managerial functions, prerogatives and policy [Waking rights which
the Village has not expressly modified or restricted by a specific provision of this agreement are
not in any way subject to the grievance and /or arbitration procedure contained herein.
•
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ARTICLES 5 -VEHICLES, EQUIPMENT, SAFETY, HEALTH AND COOPERATION
Section 1. Both parties agree that it is to their mutual interest and to the best interests of both the
• Employer and the Employees if working conditions in the Village are both safe and sanitary.
Additionally, both parties recognize the need to develop a safe work force. To this end the Union
agrees to report to the Employer any unsafe conditions or Employees existing in the Village at any
time during the term of this Agreement and the Union further agrees to cooperate with the Employer in
the Employer's efforts to rectify any such situation.
Section 2. Any dangerous situation is to be reported immediately to the foreman. All accidents are
to be reported immediately to the foreman. Job-related accidents are to be covered by Worker's
Compensation Insurance.
Section 3. Use of Private automobile - In the event an employee (if authorized and directed in
advance) uses his own automobile for the performance of official duties on behalf of the Village, the
employee will be compensated at the rate established by the Village for all Village employees.
Section 4. Any Employee who abuses assigned vehicles(s) or equipment shall be subject to
disciplinary action up to and including discharge.
Section 5. Department heads will determine the proper and necessary safety equipment and devices
for Employees engaged in work where such special equipment and devices must be used. Failure by
Employees to utilize provided equipment or devices will be subject to disciplinary action. Equipment
will be provided when needed to facilitate the handling of large trash requirements as determined by
management.
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Section 6. In the event that the Union has any concern regarding workplace safety, the Union may
request, twice per year, a meeting with the Village to discuss such concern. A meeting shall be held
• within a reasonable time of the request.
•
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ARTICLE 6-GRIEVANCE PROCEDURE
GRIEVANCE PROCEDURE ARBITRATION
• Section 1. In a mutual effort to provide a harmonious working relationship between the parties to
this Agreement, it is specifically agreed and understood that there shall be a procedure for the
resolution of disputes between the parties. For the purposes of this Article, a grievance is defined as,
and limited to, any dispute, difference or controversy involving the interpretation or application of
this Agreement. A dispute over disciplinary action shall be considered an appeal of disciplinary
action unless otherwise grievabce, If the dispute is not covered by the grievance procedure as set
forth in the Agreement then the dispute shall be processed as set forth in Article 7.
Section 2. For the purpose of this Article, time is considered to be of the utmost importance.
Accordingly, any grievance not submitted and/or processed by the grieving party in accordance with
the time limits provided below shall be considered exclusively abandoned and shall be barred,
forfeited and forever foreclosed for all contractual purposes and shall result in the forfeiture of all
rights to arbitration. Any grievance not answered or processed by the Village within the time limits
provided below shall be deemed resolved in favor of the grievant.
Section 3.
Step 1: In the event an employee covered by this Agreement believes that there is a basis
for a grievance, as that term is defined above, he shall first discuss the alleged grievance with the
immediate supervisor, and may be accompanied by a representative of the employee's choice, if so
desired. This first discussion shall take place within ten (10) work days of the occurrence of the
events which gave rise to the alleged grievance, or within ten (10) work days of when the employee
knew of should have known of the existence of the events giving rise to the alleged grievance.
Step 2: In the event [hat the employee is not satisfied with the disposition of the grievance
at Step 1, he may file a formal grievance, on a form approved by the Village. Such a grievance must
• be filed within ten (10 work days after the informal discussion is held at Step 1. Said grievance must
be in writing, must be signed by the employee or the Union as his representative and must contain:
(a) the date of the alleged grievance; (b) the specific article(s) of this Agreement allegedly violated;
(c) the facts pertaining to or giving rise to the alleged grievances; and (d) the relief requested. The
• formal grievance shall be submitted to the Department Head. The Department Head shall, within ten
(10) work days after the receipt of the formal written grievance, render his decision on the grievance
in writing. Failure by [he Department Head to reply within the time period shall be held to be an
approval of the grievance and the remedy sought.
Step 3: In the event that the employee is not satisfied with the disposition of the
grievance by the Department Head at Step 2, he/she shall have the right to submit the grievance
to the Village Manager within ten (]0) work days after the disposition. Such grievance must be
accompanied by the filing of a copy of the original written grievance. The Village Manager
shall, within ten (10 work days of receipt of the grievance, render his decision in writing.
If the Village Manager shall fail to reply in writing, such failure shall be deemed as an approval
of the merits of the grievance or dispute and the remedy sought.
Section 4. Where a grievance is general in nature in that it applies to a number of employees
having the same issue to be decided, or if the grievance is directly between the Union and the
Village, it shall be presented directly at Step 3 of the grievance procedure, within the time limit
provided for the submission of the grievance at Step 2, and signed by the aggrieved employees
or the union representative on their behalf.
Section S. In the event a grievance processed through the grievance procedure has not been
resolved at Step 3 above, either party may submit the grievance to arbitration within ten (]0)
work days after the Village Manager's disposition of the grievance. Such request shall be in
writing to the other party, and ifdelivered by mail, postmarked within ten (10) days of the
Village Manager's disposition of the grievance. The arbitrator may by any impartial person
• mutually agreed upon by the parties. However, in the event the parties are unable to agree upon
said impartial arbitrator, the parties shall jointly request the Federal Mediation and Conciliation
Service to furnish a panel of seven (7) names from which each party shall have the option of
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striking three (3) names in alternating fashion, until the parties select a neutral or impartial
• arbitrator. The party striking first shall be determined by the toss of a coin. The selection
process shal] occur within five (5) work days of receipt of the panel list.
Section 6. Whenever the grieving party is satisfied with the disposition of the grievance at
any step of the grievance procedure, or if the grieving party does not process the grievance in
accordance with the specified time limits, processing of the grievance by the Village will
automatically stop. However, a grieving employee may not partially reject a disposition of his
grievance. The employee must either accept or reject the disposition of his grievance, in its
entirety. Thus, for example, if any employee grieves a termination and is ordered reinstated
without back pay at one of the steps of the grievance procedure, he may not accept the
reinstatement and continue to grieve the loss of back pay. His only choices would be to accept
the disposition of his grievance, or remain discharged and pursue the grievance further.
Section 7. For the purpose of this Agreement, the term "work day" is defined to include
every day except Saturdays, Sundays, and days designated as holidays by this Agreement,
regardless of whether the grievant is on duty or off duty.
Section 8. The time limits contained herein are to be strictly adhered to and may only be
extended by written agreement between the parties.
Section 9. The Village and the grieving employee shall mutually agree in writing as to the
statement of the grievance to be arbitrated prior to [he arbitration hearing, and the arbitrator,
thereafrer, shall confine his decision to the particular grievance thus specified. In the event the
parties fail to agree on the statement of the grievance to be submitted to the arbitrator, the
arbitrator will determine the statement of the grievance, provided, however, that the arbitrator
shall have no authority to change, amend, add to, subtract from, or otherwise alter or
• supplement this Agreement or any part thereof or amendment thereto. The arbitrator shall have
not authority to consider or rule upon any matter which is stated in this Agreement not to be
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subject to arbitration or which is not a grievance as defined in this Article, except to the extent
as specifically provided herein or expressly agreed to by the parties.
• Section 10. The arbitrator may not issue declaratory opinions and shall confine himself
exclusively to the question(s) presented to him, which question(s) must be actual and existing.
Section 11. Each party shall bear the expense of its owns witnesses and of its own
representatives for the purposes of the arbitration hearing. The impartial arbitrator's fee and
related expenses and expenses of obtaining a hearing room, if any, shall be equally divided
between the parties. Any person desiring a transcript of the hearing shall bear the cost of such
transcript unless both parties mutually agree to share such costs.
Section ]2. The arbitrator's award shall be final and binding on the parties.
Section 13. For the first ninety (90) days of consecutive service with the Village an employee
is probationary. That is the employee serves at the will and pleasure of the Village and thus he
may be disciplined or discharged without explanation or for any reason deemed sufficient by the
appropriate Village official. Accordingly, probationary employees shall have no right to utilize
this grievance/arbitration procedure for any matter concerning discharge, suspension or other
discipline.
Section 14. The SBWA representative will be furnished by the Village, a copy of each
grievance filed by an employee within the bargaining unit.
Section IS. The Union will not be required to process the grievance ofnon-members. The
union will not be responsible for grievances proceeding to arbitration without being first notified
by the Village in writing (and with a copy of the grievance) by the Village in a time manner. The
Union representative will have his/her name, address and all contact numbers on file with the
Village.
• Section ]6. The parties agree that the settlement of any grievance by the parties prior to a
decision by an arbitrator shall not constitute an admission that the contract has been violated nor
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shall such settlement constitute a precedent of the interpretation or application of the provisions
• of this Agreement.
Section ]7. When arbitrability is raised by the Village with respect to any grievance, the issue
of arbitrability shall be determined by the arbitrator no less than thirty (30) work days prior to
commencement of arbitration hearing on the grievance itself.
If the Village does not agree that the matter is arbitrable, notification shall be sent to the
grieving employee of such within ten (10) work days of receipt of the grieving employees'
request to proceed to arbitration. The parties agree that in such an instance, the Village may
submit solely the question of arbitrability either to an arbitrator or to a court. If the arbitrability
issue is submitted to an arbitrator, the decision shall be based solely on written briefs, exhibits
and affidavits submitted by the parties, with no oral argument allowed; and shall be submitted to
the arbitrator within ten (10) work days of selection of the arbitrator. The arbitrator shall render
the decision within fifteen (15) work days of receipt of the parties' submissions.
Whichever party loses on the issue of arbitrability shall pay the costs involved in that proceeding.
If there is no objection by either party to the arbitrability of the grievance, and the above
mentioned procedure has been fully complied with or results in a determination that the
grievance is arbitrable, the parties shall proceed to arbitrate the grievance.
•
IS
ARTICLE 7 -DISCIPLINARY APPEALS
• Appeals of disciplinary action shall be handled as follows:
1. An employee, who wishes to challenge any disciplinary action, shall file a notice
of appeal to his/her department head. When an employee has received a written counseling, the
employee may, within ten (10) work days ofreceipt of the written counseling, submit a written
rebuttal which shall be attached to the written counseling documents in the employee's personnel
file.
2. Upon receipt of a notice of appeal, the department head shall have ten (10) work days to
review the discipline and to advise the employee that the discipline is either (i) sustained; (ii)
reversed; or (iii) modified. Failure of the department head to respond within ten (10) work days
shall constitute a determination that the discipline is sustained.
3. An employee who is not satisfied with the department head's decision can further appeal
a discipline to the Village Manager. Upon receipt of a notice of appeal, the Village Manager
shall have ten (10) work days to review the discipline and to advise the employee that the
discipline is either (i) sustained; (ii) reversed; or (iii) modified. Failure of the Village Manager to
respond within ten (10) work days shall constitute a determination that the discipline is
sustained. The decision of the Village Manager shall be final unless appealed as hereinafrer set
forth.
4. An employee who is not satisfied with the Village Manager's decision can further appeal
a discipline greater than a written reprimand, or a suspension of (8) hours or less without pay, to
arbitration using the same procedure for appointment of an arbitrator as set forth in Article 6
above. The request for appointment of an arbitrator must be made to the Village Manager in
writing within ten (10) work days of the Village Manager decision. The decision of the arbitrator
• shall be made within thirty (30) days following the conclusion of the hearing or the deadline for
closing briefs, whichever is later. The arbitrator may sustain, reverse, or modify [he discipline,
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which was set by the Village Manager. The decision of the arbitrator is final and binding on the
• parties.
5. No employee shall be subject to discipline of any type without cause. No employee shall
be subject to a suspension without pay or a termination without first being afforded a pre-
determination conference with the Village Manager or his/her designee. No pre-determination
conference shall be conducted with less than ten (10) work days notice to the employees.
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ARTICLE 8 - AMERCIANS WITH DISABILITIES ACT
The SBWA and the Village agree to comply with the Americans with Disabilities Act (ADA)
and hereby incorporates by reference, in their entirety, Articles 5.02 and 5.03 of the Village's
Personnel Rules and Regulations. Any changes or amendments mandated by Federal or State
Law shall be incorporated as part of this Article without negotiation.
•
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ARTICLE 9 -FAMILY MEDICAL LEAVE
• Both parties agree to abide by and implement the Family Medical Leave Policy in
accordance with the Village's Personnel Rules and Regulations under Section 9.01 adopted here
by reference.
•
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ARTICLE 10 -DUES DEDUCTION
Seclion 1. Employees covered by this Agreement may authorize payroll deductions for the
• purposes of paying dues. Requests for same must be in writing on a form clearly indicating that
the member wishes to have SBWA dues deducted from his paycheck. No authorization shall be
allowed for payment of initiation fees, special assessments, fines, penalties or delinquent dues.
Section 2. SBWA will notify the Finance Director as to the amount of dues. This notice must
state the weekly amount in dollars and cents for each individual member. Such notification will
be certified to the Finance Director in writing over the signature of an authorized office of
SBWA at least thirty (30) work days in advance of the effective date. Changes in membership
dues will be similarly certified to the Finance Director and shall be done at least thirty (30) work
days in advance of the effective date of such change.
Section 3. SBWA will indemnify, defend, and hold harmless the Village against any and all
claims, demands, or suits or other forms of liability that shall, out of, or by reason of action taken
or not taken by the Village on account of payroll deductions of SBWA dues SBWA agrees that
in case of overpayment, proper adjustment, if any, will be made by SBWA to the affected
employee.
Section 4. The cost of dues deduction as provided for in this Article shall be $2.50 per
member, per year, average over the last 12 months, but with a maximum deduction not to exceed
$100 per year. Said amount will be determined between September IS to September 30 of each
year, and payable October 1. The cost of the dues deduction shall be deducted from the monies
transmitted to SBWA.
Seclion 5. The payroll deduction shall be revocable by the employee by providing thirty (30)
work days written notice to both SBWA and the Village Manager.
•
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ARTICLE I I -MILITARY LEAVE
The SBWA and the Village agree to comply with State and Federal law regarding
• military leave and hereby incorporates by reference in its entirety Article 9.02.09 of the Village's
Personnel Rules and Regulations. Any changes or amendments mandated by Federal or State law
shall be incorporated as part of this article without negotiation.
•
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ARTICLE 12 -PAID VACATION
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Section 1. Vacations days accrue, but may not be taken during the first ninety (90) days of
employment. Exceptions to this general rule may be made by the Department Head in his
discretion. All personnel who have completed their first ninety (90) days of probation or more of
full-time employment shall be entitled to take vacation with pay in accordance with the
following accrual schedule:
Less than ninety days employee may accrue, but cannot take) at the rate of ten days per
•
year:
0 but less than 7 years
7 but less than 12 years
] 0 days (80 hours)
15 days (120 hours)
12 years and over 20 days (I 60 hours)
Section 1. Vacation shall be included in the computation of the ninety (90) days
(probationary period) of required full service (i.e. the probationary employee earns and accrues
vacation, but cannot take them until completion of the probationary period.
Section 3. All employees twice yearly shall select vacations. Initial se]ection of vacations
will be by seniority within a division. 1f an employee chooses to change the vacation selection,
he must then wait until the vacation list passes through all other remaining members of the
division, at which time he or she shall then be eligible to change the selection.
Section 4. In the event a paid holiday should occur during an employee's vacation period,
the employee's vacation time shall not be credited against the paid holiday. Employment
terminated without cause, or by layoff, or by retirement, illness or injury, shall not lose his
vacation with pay if incapacitated due to an injury or illness incurred in the line of duty. The
vacation time shall be reassigned upon return to duty. If employment is terminated by death, the
estate of the employee shall receive payment for the earned vacation time.
Section 5. Vacation time shall be credited and reported per pay period to indicate hours
accrued, less hours taken, reflecting net vacation hours available per pay period.
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Section 6. The maximum number of vacation days an employee may accrue is the unused
•
days accrued during the employee's previous two year period. Any employee other than an
employee who is discharged for cause, who voluntarily terminates, retires or dies while
employed by the Village shall receive payment equal to 100% of the unused days of vacation
accrued during the two year period prior to termination, retirement, or death.
Section 7. Unused Vacation Reimbursement: The purpose of the annual vacation leave
reimbursement program is to establish guidelines and criteria by which eligible employees may
submit to the Village a reimbursement request for certain levels of unused vacation.
a. In accordance with Article 12, Section 1, regular full-time employees can earn up
to a certain number of days based on their length of service with the Village for
purposes of vacation. In accordance with Section 6 of Article 12, the employee
cannot accrue more than two years worth of vacation time.
b. When an employee accrues ten (10) days of vacation time (i.e. 80 hours), he will
have achieved the minimum threshold base making him eligible for
reimbursement.
c. Once the employee has reached the base, he employee must have used eighty (80)
hours vacation time within a respective fiscal year in order to be eligible for
reimbursement ofadditional unused vacation days by the Village.
d. Reimbursement by the Village will be on a 100% (dollar-for-dollars whereby for
every unused vacation day above the ten days (80 hours), the employee will be
reimbursed at his current hourly rate for each hour/day of unused vacation time.
e. The reimbursement will be strictly voluntary at the request of the employee. The
employee can only submit a request once per year during the month of October,
•
immediately following the fiscal year for which application is made. The Village
will be obligated to reimburse the employee for its annual vacation leave
reimbursement request not later than November 30 of the current fiscal year.
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f Once the employee has received reimbursement for the unused vacation time
above the minimum threshold base, the employee no longer possesses those
unused vacation leave days, but loses them due to the reimbursement. Any time
an employee's overall total days/hours of vacation time drops below the base,
they become ineligible for reimbursement until such time as their minimum
threshold base has accrued back to the minimum ten days.
g. The Finance Director will be responsible for establishing a reimbursement form
and accounting for the base vacation days and other data necessary to financially
administer this program.
h. The employee will be required to sign acertification/affidavit confirming that the
reimbursement for the annual vacation leave days hours is final and will not be
subject to the grievance process.
i. The employee will be reimbursed at the hourly rate earned as of September 30 for
the fiscal year for which application was made.
•
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ARITICLE 13-INSORANCE BENEFITS
Section 1. The Village will pay 100% of the Employee's individual Health Insurance
• Coverage including the dental plan, and pay 50% of the employee's dependents' coverage,
including the dental plan.
Section 2. The Village will provide and pay for Employee's Life & Accidental Death
Insurance in the amount of two times the Employee's Annual Salary round to the nearest One
Thousand Dollars, with a maximum of $100,000.00
Section 3. The Village shall retain the right to determine the insurance carrier or it may self-
insure if it so desires.
Section 4. Employees who are covered hereunder shall be entitled to health insurance
benefits that are at least equal to those accorded to non-bargaining unit employees.
•
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ARTICLE 14 -WORKERS COMPENSATION
Section 1. The Village agrees to abide by Chapter 440, Florida Statutes with respect to the
• provision of worker's compensation benefits.
Section 2. The Village will not discriminate nor retaliate any employee attempting to
exercise his rights under that statute.
Section 3. In the event an employee is on workers' compensation, the employee, at his or her
discretion, may elect to supplement his or her net income by using any accrued unused paid
vacation or sick leave in hourly increments for purposes of bringing the employee's workers
compensation income up to the employee's net income received prior to his or her injury. This
supplement applies only to vacation and/or sick leave accrued and unused prior to the workers'
compensation injury and in no event shall an employee be entitled to supplement his workers'
comp income to receive more than his net income received prior to his or her injury.
•
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ARTICLE 15 - SENIORITY, SUBCONTRACTING, AND LAYOFF
Seclion I. Seniority shall be defined as the total length of continuous service in the Village
of North Palm Beach. Seniority shall continue to accrue during all types of compensable leave,
approved by the Village.
Section 2. Employees shall lose their seniority as a result of the following:
A. Termination
B. Retirement
C. Voluntary resignation
D. Involuntary layoff exceeding six (6) months
E. Unexcused absence for more than three (3) days.
F. Failure to report to the Village Manager or designee intention of returning to
work, within five (5) days of receipt of recall, as verified by certified mail, return
receipt.
G. Failure to report from military leave within the time limits prescribed by law.
H. Failure to return from an authorized leave of absence upon the expiration of such
leave.
•
Section 3. Layoffs of regular full-time Employees shall be based on overall seniority with
the least senior Employees in the classification and department being laid off first.
Seclion 4. If the position from which the most senior person was laid off reopens during six
(6) months from the date of layoff, that laid off Employee shall have the right to fill that position.
Probationary Employees shall have no recall rights.
Section 6. Postmarked within five (5) work days of a certified receipt date, laid off
Employees must signify in writing, [heir intention of returning to work, to the Village Manager's
office. Failure to respond to this notice within the prescribed time limits previously stated above
shall constitute a voluntary resignation by the Employee.
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Seclion 7. Recall will be offered to laid off Employees, other than those Employees who
were on probationary status at the time of layoff, provided they are qualified and able to perform
• all of the duties of the job, as provided by Federal or State Statutes. When the Employees are
recalled from layoff, the Employee with the greatest seniority in that classification shall be
recalled first.
•
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ARTICLE l6 -TOOL REPLACEMENT
Section 1. Employees who are authorized in writing by their department heads to famish
• their own tools in order to perform their job shall continue to do so for the duration of the
Agreement. In the event an employee's tool is broken or damaged to the extent of being
inoperable for its intended purpose, while the employee was engaged in his normal course of
duties, the Village will reimburse the employee for the replacement coast (minus depreciating
normal wear and tear of the life of the tool) of the same tool or a less expensive alternative, at the
employer's option, upon submission of a receipt to the Village. The Village may take all
reasonable steps to verify how the tool became damaged, to confirm replacement costs, and to
otherwise ensure that this article thereof, must be submitted as proof of necessity for
replacement.
Section 1. Per paragraph A above, the maximum amount reimbursable for any one tool is
limited to one hundred dollars ($100) per tool, per year, with a combined total reimbursement for
employee per year limited to five hundred dollars ($500.00)
•
29
ARTICLE 17 -SICK LEAVE
• Section 1. Sick leave days accrue at a rate of one day of sick leave for each month of
continuous service, with no maximum, but shall not be taken during the first ninety days of
employment. Employees taking sick leave shall be compensated at their straight time hourly rate
of pay for the time off work. Sick leave shall continue to accrue during periods of authorized
absence on which the employee is in active pay status. An employee may accrue an unlimited
number of sick days for uses in the event he or she is sick. However, an employee shall receive
upon voluntary termination, retirement or death while in the service of the Village, a sick leave
payment of fifty percent (50%) of the unused accrued sick leave days, not to exceed thirty (30)
days total.
Section 2. Employees who have satisfactorily completed their probationary period, and who
incur anon-duty illness or disability or whose family member is ill, shall receive sick leave as
accrued with full pay. Such sick leave shall be charged against the Employees' accrued sick
leave.
Section 4. An Employee who is absent from work shall make every reasonable effort to
notify his or her immediate supervisor in advance of such absence. However, failure of an
Employee to make such notification, either directly or through a responsible individual, unless
mitigating factors prevented such notification, may be regarded as insubordinate or a violation of
any rule or regulation of the Village depending upon the actual reason for not giving notification.
Section 5. Since it may become necessary for an Employee to leave his or her residence
during an absence, the Village agrees that no disciplinary action shall be taken in the event the
Employee cannot be reached at home unless it can be shown that the Employee's absence from
• home was not related to their illness. Management may under such circumstances require the
Employee to explain why he or she left their residence.
30
Section 6. Abuse of sick leave, or a false claim for sick leave, shall be considered sufficient
• cause for appropriate disciplinary action. Abuse of sick leave shall include, but not be limited to,
an Employee taking sick leave as it is earned or establishing a pattern of taking days off without
any medical basis.
Section 7. Failure on the part of the Employee to comply with Section 3, 4 or 5 shall result in
the denial of sick leave.
Secrion 8. Sick leave reimbursement is hereby incorporated by reference to the Personnel
Rules and Regulations Section 9.03 with the exception of 9.03.02.a. In the event of involuntary
termination, this Section is not applicable and the employee receives no sick leave
reimbursement benefit.
•
31
ARTICLE 18 -LEGAL BENEFITS
• The Village will provide legal defense for a bargaining unit member against civil damage
suits where the member ~s named as a party and the lawsuit seeks damages based upon the
alleged negligence of the member while acting within the scope of his or her employment. The
Village will indemnify all bargaining unit members against any judgments levied against them as
a result of their actions when said actions are within the scope of their employment.
•
32
0
ARTICLE 19 -DRUG AND ALCOHOL TESTING
• Section 1. The Village has a drug free workplace policy listed in Section 10.02 of the
Village's Personnel Rules and Regulations. Section 10.02 of the Village's Rules and Regulations
is hereby adopted by reference and made a part of this agreement.
Section 2. The use, possession or sale by an employee or illegal drugs while on Village
premises or during the employee's working hours may be grounds for discipline up to and
including discharge. An employee ~vho is found to be under the influence of alcohol or illegal
drugs while on Village premises or, during the employee's working hours shall be relieved of
duty. An employee who is found to be under the influence of alcohol or illegal drugs while on
Village premises or during the employee's working hours shall be disciplined up to and
including being discharged. For purposes of this policy "illegal drugs" are defined as those
substances controlled by the United States Drug Enforcement Administration.
Section 3. An employee may confidentially report the use of prescription or non-prescription
medication. Employees are required to submit the Village's form for reporting the uses of
prescription and non-prescription medication (see Attachment 1 of this agreement)
Section 4. The Village will have the right to search an employee and the employee's
possessions on Village premises or during the employee's working hours only when there is
reasonable suspicion to believe the employee is under the influence or in possession of alcohol or
illegal drugs.
Section 5. No such search or test shall begin until the employee has been offered the right to
have a Union representative present and to confer in private with that representative. The
presence of representation does not negate theVillage's right to search or test. The employee
shall not be entitled to delay a test beyond the day within which it is requested.
• Section 6. The Village will have the right to require an employee to submit to appropriate
drug and alcohol tests during the employee's working hours in accordance with local, State and
Federal laws.
33
Section 7. Refusal by the employee to submit to such searches or tests upon the Village's
request when there is probable cause to believe the employee is under the influence or in
possession of alcohol or illegal drugs may be grounds for discipline up to and including
discharge.
Section 8. In the event an employee test positive for alcohol or illegal drugs, a second test
shall be immediately conducted to verify the accuracy or inaccuracy of the first test. This may be
accomplished through split sample testing.
Section 9. In the event an employee voluntarily requests alcohol or drug rehabilitation
assistance the Village will refer the employee to a Village sponsored Employee Assistance
Program (EAP). Should an employee require time away from the workplace for rehabilitation
purposes and does not have enough sick leave and/or vacation leave to cover the absence, the
absence will be treated as leave without pay, but the employee shall be entitled to use al forms of
accrued paid leave, including sick leave, should he so choose.
Seclion 10. Refusal of the employee for or continue with such rehabilitation treatment after
return for work may be grounds for discipline up to and including discharge. Any subsequent
occurrences may result in immediate discharge.
Seclion ll. All drug testing performed by the Village shall be in conformity with the testing
procedures outlined in Florida's Workers' Compensation statutes.
r~
~J
34
ARTICLE 20 -HOLIDAYS
Section 1. The following shall be considered paid holidays for regular, full-time Employees
• covered by this Aereement:
1. New Year's Day
2. Martin Luther King Day
3. Presidents Day
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veterans' Day
8. Thanksgiving Day
9. Friday following Thanksgiving Day
10. Christmas Eve Day
1 I. Christmas Day
Section 2. All Employees required to work on any of the above listed holidays shall be
compensated at the overtime rate of two and one-half (2 %:) times their regular base pay for the
actual hours worked.
Section 3. Employees must work their scheduled day before and their scheduled day after
the holiday in order to be paid for the holiday except in instances where the Employee is absent
from work due to illness.
Section 4.
Bargaining Unit Members who worked on Presidents Day, 2003, or who used accrued time to
take that day off will receive eight (8) hours of pay for working that day.
•
35
ARTICLE 21 -BEREAVEMENT LEAVE
Section 1. When a death (or a critical illness in which death appears to be imminent) occurs
• in the immediate family, regular full-time Employees shall be granted up to a maximum of three
(3) days off without loss of pay or benefits.
Section Z. "Immediate family" as cited above shall be defined as: father (natural or step),
mother (natural or step), brother or sister (natural, half or step), spouse, child (natural or step),
father-in-law, mother-in-law, grandparents, son or daughter-in-law, foster parents, uncle/aunt,
nephew/niece, first cousins, brother or sister-in-law.
Section 3. In the event travel of four hundred (400) or more miles one way is required, an
additional one (I) day will be granted by the Department Head.
•
36
ARTICLE 22 -HOURS OF WORK AND OVERTIME
Section 1. It is agreed by both parties that a basic work week for pay purposes will begin at
• 12:01 a.tn. Thursday and will end at 12:00 midnight Wednesday. Employees are expected to
work overtime when notified that overtime work is necessary. Overtime pay at one and one-half
(1 '/~) times the basic pay will be paid for all hours worked over the normal workweek in any
week. The Employer agrees that Employees covered by this Agreement shall work no more than
one forty (40) hour cycle per seven (7) day pay period with appropriate intervening consecutive
days off, unless duties require overtime.
Section 2. The Department Head shall determine the appropriate lunch time for each
Employee.
Section 3. Effective with the ratification of this contract, any full-time Employee who
reports to work will be paid for his/her normal workday regardless of whether they stay at work
or are sent home by the Village.
Section 4. Effective with the ratification of this contract, all regular full-time Employees
shall maintain their current number of hours of work per week subject to the layoff provision of
the contract.
Section S. The Village agrees to establish a notification schedule to inform and advise
Employees of split shifts and late shifts by posting appropriate notices no later than the close of
business on Thursday proceeding the week in which the split shift or late shift is to be scheduled.
By definition, split shifts are those shifs where an Employee's eight hour day is split between
morning hours and evening hours wherein the Employee may be off the clock during the middle
of the day; late shifts are those shifts where the Employee may be required to arrive at work at
1:00,2:00 or 3:00 p.m. with the intent of working an eight hour day starting from those hours.
•
37
Section 6. During declarations of emergencies, employees will be afforded an off-duty
• rotation in the event they are required to work at least six (6) straight days without a break. The
Village will arrange for rotation schedules in order to maintain a level of service to respond to the
emergency, but will also recognize the necessity for employees to have some rest time during said
emergency.
•
38
ARTICLE 23 -PREVAILING RIGHTS
All salaries, wages, hours and other fringe benefits enjoyed by Employees in this
• bargaining unit which are not specifically provided for or abridged or modified in this Agreement
are hereby protected by this Agreement and shall be continued in effect as if they have been
enjoyed by all Employees covered by this Agreement.
•
39
ARTICLE 24 - SEVERABILITY CLAUSE
If any non-monetary provision of this agreement shall be held invalid, the remainder of
• this agreement shall not be affected thereby. In the event a monetary provision of this agreement
is held invalid, the parties, at the request of either party, shall meet as soon as practicable and
reopen negotiations of the monetary provisions of this agreement."
•
40
ARTICLE 25 - NO STRIKE
Section 1. The settlement of questions or disputes between the parties hereto and the
• represented Employees is properly to be handled through collective bargaining, or the grievance
and arbitration procedures of this Agreement, as applicable, or through the Public Employees
Relations Commission or other appropriate governmental agency and the courts in the event of
alleged unfair labor or employment practices or other improper conduct. The parties recognize and
agree with the overriding policy concerns underlying the Constitutional and statutory prohibitions
against strikes by public employees in the State of Florida. The Union agrees that it will not cause,
participate in, instigate, or support, in any manner, any strike, walkout, slowdown, or work
stoppage by any member of the bargaining unit. Additionally, any Employee v<~ho violates this
Article or participates in its violation shall subject to immediate discharge. Allowing Employees to
work or return to work shall be considered condonation of their activity in violation of this Article.
Section 2. Any Employee who participates in, or promotes a strike, work stoppage,
slowdown, or other form of interference with the operation and mission of the Village
Administration, shall be subject to discipline up to and including discharge. Such disciplinary
action by the Village Administration shall not be subject to the grievance and/or arbitration
procedures contained herein.
•
at
ARTICLE 26 -CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES
The Village and SBWA acknowledges that during the negotiations which resulted in this
• Agreement each had the unlimited right and opportunity to make demands and proposals, with
respect to any subject or matter not retnoved by law from the area of collective bargaining, and
that the understanding and agreements arrived at by the parties after the exercise of that right and
opportunity are set forth and solely embodied in this Agreement.
The parties voluntarily and unqualifiedly waive the right to require further collective
bargaining and each party agrees that the other shall not be obligated to bargain collectively with
respect to any matter or subject not specifically referred to or covered by this Agreement. This
Agreement contains the entire contract, understanding, undertaking, and agreement of the parties
hereto and finally determines and settles all matter of collective bargaining for and during the
term.
•
42
ARTICLE 27-PRODUCTIVITY
SBWA and the Village recognize that the citizens of North Palm Beach are entitled to
• receive services at the highest possible level subject to budget limitations. Therefore, SBWA
pledges that it will active]y promote and encourage Employees to increase their productivity and
raise their level of services in order to provide and maintain the delivery of services at the highest
possible level.
•
43
ARTICLE 28 -RECRUITMENT AND EMPLOYMENT
All new bargaining unit Employees that are on probation will remain so for a
• maximum period of ninety (90) days. The Village may extend the probationary period up to an
additional ninety (90) days if it is determined by management that an employee requires additional
observation for a determination to be changed from probationary to full-time, regular status. New
Employees are not required to join the Union to work at the Village. Union membership is
voluntary.
•
44
ARTICLE 29 -UNION RIGHTS AND PRIVILEGES
Section 1. The Village agrees to release up to two (2) members of the bargaining unit from
• their regularjob responsibilities in order that they may begin negotiations at a time mutually
agreeable to both the bargaining unit and the Village with pay.
Section 2. The Employer agrees to furnish the Union with a list of the names, addresses,
phone numbers, annual and hourly salary of the Employees within the bargaining unit as of the
date of execution of this Agreement. Should the Union desire revised and updated hereafter, the
Employer will provide them upon written request within thirty (30) days of the Employer's receipt
of such written request and the payment, in advance, of the costs of preparation and copying of
such lists. Provided, however, that such request shall not be made more often than quarterly.
Section 3. A duly authorized representative of the SBWA will be permitted to communicate
official Union business to members of the Union to the extent that the members' job
responsibilities and duties are not interfered with or disrupted in any manner and that no time is
lost on the job. The Union representative shall comply with all applicable rules and regulations of
the Employer concerning visitors to Village property.
Section 4. Upon ratification of this agreement, the Employer will furnish Union with a
current copy of all written personnel regulations. The Village will forward any subsequently
adopted personnel regulations to the Union within 14 days of their adoption.
Section 5. Each employee who so chooses may annually contribute up one day of annual
leave to the Union time pool. The employee shall indicate this choice in writing to the Finance
Director or his designee. The pool time shall be available for Union representatives, not to exceed
three personnel per year to conduct Union business, other than collective bargaining negotiations,
such as conferences and steward training, provided that:
• (1) A written request for the use of Union pool time is submitted to the Department Head
or his authorized representative at least seven (7) working days in advance of the
requested time off.
45
(2) Sufficient manpower is available in the regular shifr to maintain efficiency of
operations during the absence of the SB WA officers and/or agents as determined by
• the Department Head or his designated representative.
Union pool time shall be accounted for as conference leave time as defined in the Village's
Personnel Rules and Regulations.
Section 6. The Employer will provide the Union bulletin boards to be located in mutually
agreed upon locations to be used solely by the Union for posting notices. Notices shall be
restricted to the following types, except that additional notices may be posted by mutual, written
consent of the parties:
A. Notices of Union recreational and social affairs.
B. Notices of Union elections, appointments, and results of Union elections.
C. Notices of Union meetings and educational classes.
D. Notices of official Union business; and
E. Any material deemed informative to the general membership
The bulletin boards shall not be used by the Union or its members. to distribute political pamphlets
or any other type of political matter, or for advertising. The Union agrees not to post any material
defamatory to the Village, or its representatives on the bulletin boards. All notices shall clearly
state that they are "Union Notices." A copy of all Union notices that ate to be put on said bulletin
board shall be forwarded to the Village Manager's office.
•
46
ARTICLE 30 -WORK ASSIGNMENTS
Section 1. Any Employee temporarily assigned to a lower pay grad classification shall be
• compensated at the rate of pay received in his regularly assigned pay grade classification.
Section 2. It is specifically recognized that the very nature of the services provided by the
Village of North Palm Beach demands Flexibility in job assignments and job description and the
Employer may assign tasks not common to a particular job description. Whenever it becomes
necessary to assign tasks that are outside of a particularjob description, those tasks shall be of
future so as to bear a reasonable relationship to the Employee's job descriptions.
Section 3.It is understood by the parties that every incidental duty connected with operations
enumerated in job descriptions is not always specifically described, and Employees, at the
discretion of management may be required to perform other job related duties not specifically
contained in their job description. Consideration will be given to other job related duties not
specifically contained in their job description to those personnel that are available at the time an
additional duty is required, as described by this section. Under no circumstances will a level of
skill performed by a specific employee be compromised for the lack of availability of an unskilled
employee.
Section 4. In the event an Employee is directed and authorized in writing by the Village
Manager to temporarily work in a higher pay grade classification in excess of 5 consecutive
working days, that Employee shall be paid five percent (5%) above the individual's present base
rate for the period of time worked in excess of the five day period.
Section S. For Sanitation Department, a relief person will be available whenever an employee
in this department is unable to work.
•
47
ARTICLE 31 -OFF-DUTY EMPLOYMENT
Section 1. An employee may engage in off-duty employment to [he extent that said off-duty
• employment does not interfere with the performance of the employee's duties for the Village of
North Palm Beach.
Section 1. An employee's off-duty employment may not create a conflict of interest; may not
be performed during the employee's Village workday; may not involved use of Village
equipment, property, or supplies; or otherwise infringe on his or her ability to perform their job
with the Village in a satisfactory manner.
Section 3. Disputes over whether an employee's off-duty employment creates a conflict of
interest shall be submitted to the State Ethics Commission for an advisory opinion. The parties
agree, however, that the opinion of the commission shall be binding upon them. An employee
may continue to work at his off-duty position during the pendency of the request for an opinion,
but does so at his own peril.
•
48
ARTICLE 32 -POLITICAL ACTIVITY AND VOTING
Section 1. Neither the Union nor the Employer will place any restrictions on Employees with
• regard to political activity. Employees may hold membership in or support any political party, run
for or hold political office, vote as they choose, express their opinions and wishes on political
issues and candidates, maintain partisan neutrality and attend political functions so long as these
activities do not take place during the Employee's working hours on Vil]age property, or in such a
manner as would interfere with he Employee's duties during the Employee's official hours of
work. Such activities shall not be conducted in violation of State conflict of interest statutes.
0
u
49
ARTICLE 33 -EDUCATION AND TRAINING
Section I. The Employer agrees to reimburse Employees for tuition or books incurred when
• enrolled in courses which have been approved or directed by the Village Manager. To qualify for
reimbursement, the Employee must show proof of receipt of a passing grade.
Section 2. Employees required to attend job-related training for any reason outside their
normal working hours shall be compensated at the rate of one and one-half (1 'h) times their
regular hourly salary. However, seminars and conventions are not included with the meaning of
the term "training".
Section 3. The Employee must agree in writing to stay in the employ of the Village for a
period of one (I) year after the completion of the courses that have been paid for by the Village. If
the Employee resigns or is terminated for any reason before the expiration of one (I) year, any
money paid for tuition or books must be paid to the Village. This repayment does not apply in the
event of involuntary layoff orjob abolishment. Books that are paid for by the Village shall remain
the property of the Village.
Section 4. Tuition Refund Program: The tuition refund program is as set forth in section
11.02 of the Village Personnel Rules and Regulations.
•
50
ARTICLE 34 -PENSION PLAN
• Section I. The Employer agrees to maintain the current pension plan not in effect for all
bargaining unit members.
C J
51
ARTICLE 35 -WAGES
Section 1. Effective October 1, 2002, each bargaining unit member will receive a 1.6%
• COLA calculated on his/her September 30, 2002 base salary, plus the compensation adjustment
described in Section 2, plus the pay for performance adjustment described in Section 3.
Section 2. The Village Council has adopted a new pay plan with related salary adjustments.
The Village will implement the new pay plan and related salary adjustment for bargaining unit
members who were employed on 10/1/02 and who are employed at the time of ratification.
Employees hired between 10/1/02 and date of ratification will be adjusted to the pay study rates
effective their date of hire. No bargaining unit members' current compensation rate will be
reduced.
Section 3. Following the compensation adjustments set forth in paragraph l and 2 and
effective October 1, 2002, each bargaining unit member who was employed by the VILLAGE on
October 1, 2002, and was eligible for a pay for performance wage adjustment shall receive a pay
for performance base wage increase ranging from 0% to 5% based on the member's June 2002
evaluation. The pay for performance system shall operate in accordance with Sections 12.01,
12.02, and 12.03 of the Village's Personnel Rules and Regulations that were in effect on October
1.2002.
Section 4. Effective October 1, 2003, each bargaining unit member will receive a 2.3% cost
of living base wage adjustment plus a pay for performance adjustment using the pay for
performance system then in place, as adopted by the Village Council for fiscal year 2003-2004,
provided, the range of benefit shall not be reduced from the 0%-5% range.
Section 5. No member shall receive a base wage increase over the maximum salary (top-out)
established in the VILLAGE pay plan. Increase over top-out pay shall be paid as lump sum
• payments and shall be treated as salary for pension calculation purposes.
Section 6. The SBWA and the Village agree to incorporate by reference the minimum-
maximum salary ranges as adopted from time to time by the Village Council. The minimum-
52
maximum ranges are made a part of the Personnel Rules and Regulations and are hereby
incorporated by reference in their entirety. "the Village agrees that any adjustments and changes
• to the ranges will not decrease or negatively impact an employee's current or present wage at the
time adjustments are made to the ranges. Should updates to the range result in an increase in the
employee's current or present wage, the SBWA agrees to allow, without negotiation, said
adjustments to the extent that the adjustments will be limited only to bring employees current or
present wage up to the range minimum and allow for decompression of other salaries at or just
above the range minimum in order to avoid "leapfrogging" of wages by junior employees over
senior employees.
•
53
ARTICLE 36 -MISCELLANEOUS
Section ]. The terms and conditions of this Agreement may be altered, changed, added to,
• deleted from, or modified only through the voluntary mutual written consent of the parties.
Section 2. This Agreement shall supersede any ordinances, regulations, or practices of the
Village, promulgated and adopted by the Village Council.
The SBWA agrees that all employees covered under this agreement shall comply
with all Personnel Rules and Regulations, including those relating to conduct and work
performance. Where the agreement conflicts with said regulations, the agreement terms shall
prevail.
•
54
ARTICLE 37 -CALL-BACK/EMERGENCY COMPENSATION
Section 1. If an employee is called back to work for an emergency or called back outside of
• his scheduled hours for that work week, the employee shall receive the greater of two (2) hours of
pay or the actual number of hours worked, which shall be computed at the overtime rate. The
Department Head and/or Superintendent shall rotate the assignments of call-back/on-call overtime
to employees as equally as practicable based upon their qualifications for the assignment,
distributed on a rotating basis by the departmental seniority of the person.
•
55
ARTICLE 38 -CERTIFICATION PAY
The SBWA and the Village agree to provide certification pay and hereby incorporate by
• reference, Section 4.06(e), titled "Certification and License Pay" of the Personnel Rules and
Regulations.
C
56
ARTICLE 39 -TERM OF AGREEMENT
• Section 1. This Agreement shall be effective October 1, 2002 and shall remain in full force
and effect to the 30`" day of September 2004.
Section 2. At least one hundred twenty (120) days prior to the termination of this Agreement,
either party hereto shall notify the other in writing of its intention to modify, amend or terminate
this Agreement. In the event that neither party notifies the other of its intention to modify, amend
or terminate this Agreement, the provisions and terms of this Agreement will be automatically
extended for a period of one year and each year thereafter absent notification. In the event that
either party notifies the other but both parties through negotiations are unable to reach a new
collective bargaining agreement, this Agreement will remain in effect until a new Agreement is
ratified by both parties.
•
57
SIGNATURE PAGE
• APPROVAL
Pursuant to Florida Statute 447.309, the VILLAGE'S Chief Executive Officer and the SBWA's
Bargaining Agent hereby confirm that the foregoing represents the Collective Bargaining
Agreement reached by the negotiators through bargaining.
This Agreement shall not be binding on the VILLAGE of North Palm Beach until it has been
ratified by the VILLAGE Council and by the employees who are members of the bargaining
unit.
THE VILLAGE OF NORTH PALM BEACH
By: /1/i~
DoJu Smith, Village Manager
Dated: / ~ ~~~ ~~~
SERVICE AND BU~SINF~~' WORKERS OF AMERICA, LOCAL ]25
Dated: ~d ~ (h~ t53
C
SS
•
•
THE VILLAGE OF
NORTH PALM BEACH
SERVICE AND BUSINESS WORKERS
OF AMERICAN, LOCAL 125
/ (~~/~
VILLAGE CLERK '
Date of Ratification by Bargaining Unit: /~-~~ ~/f,,%
Date of Ratification by the Village: //-~.~ -~~
59
ATTACHMENTI
THE VILLAGE OF NORTH PALM BEACH
• Form for Reporting the Use of Prescription or Non-Prescription Medication
Name:
Date:
Prescription Medication:
Non-Prescription Medication:
Signature:
Print Name:
Social Security Number:
WARNING: I[ is the employee's duty to determine if the use of the above listed medication(s)
will impair the employee
•
60
• ATTACHMENT II
STATE OF FLORIDA
PUBLIC EMPLOY£cS R?LATIONS COMMISSION
SERVICE AND 6USI*7ESS WORKERS
OF AMERICA, LOCr,L 125, USWA,
SEIU, P.FL-CIO, CLC, _
Petitione-, Case No. RC-93-058
v. VERIFICATION Or^ ELECTION
VILLAGE OF NORT?~I PALM BEACH, OFD XCLUSIVETCOLLECTIVE
• BARGAINING REPRESENTAT7~~ pND
Respondent, REVOCATION OF CrRTIFICATIO*r
v.
NATIONAL ASSOCIATION OF
GOVERNMENT EMPLOYEES, .
Intervenor .
Noah Scott Warman, Coral Gables, attorney for petitioner.
James A. Cherof, Fort Lauderdale, attorney for respondent.
Winston K. Borkowski, Ormond $each, attorney for intervenor.
A secret ballot election was conducted November 13, 1998, in
the following unit:
INCLUDE; Accountant I; Accounting Clerk I;
Accounting Clerk iI; Administrative
Secretary, Country Club; Art Instructor;
Assistant Manager - pool; Building
Inspector; Carpenter; Cashier; Code
Enforcement Officer; Custodian; Driver;
Equipment Operator; Eguipme:.t
Operator IZ; General Service Clerk; Golf
Course Cart Attendant; Golf Course
Cashier; Golf Course Starter; Gzeensman;
Grounds Foreman; Housekeeper; Irrigation
Mechanic; Laborer II; Librarian;
Librarian I; Library Assistant; Library
• secretary; Lifeguard; Maintenance Man;
Maintenance Mechanic; Parkskeeper; Pool
Cashier; Recreation Leader; Recreation
Program Director; Sanitation Collector;
Starter; Storekeeper; Tennis Cashier;
Tennis Court Attendant; Truck Driver;
and Vehicle Mechanic I.
.: e; tr.
RC-98-058 •~ o~
• FX .7D ED: village Manager; Administrative Secre-
tary to village Manager; village Clerk;
Direr*_or of Department of Finance;
Director of Public Safety Department;
Administrative Secretary to the Director
of the Public Safety Department; Public
Safety Captain; Fire Chief; Fire Medic;
Public Safety Lieutenant; all sworn
Police Officers; Dispatchers; Director
of the Public Service Department; Admin-
istrative Secretary to the Director of
Public Service Department; Deputy
Director of Public Service Department;
Public Works Supervisor; Sanitation
Supervisor; Facilities Maintenance
Foreman; Vehicle Mechanic II; ?arks
Maintenance Foreman; Street Maintenance
Foreman; Director of Recreation Depart-
ment; Director of County Club; Golf
Course superintendent; Director of
Department of Library; Library gages;
and all other employees of the village
of North Palm Beach.
The election results are as follows
i. Approximate number of eligible voters 7p
2. Void ballots o
3. Votes cast for Petitioner 48
a. votes cast for Intervenor 1
5. votes cast against participating organization (s} 13
6. Valid votes counted 6Z
~~ Challenged ballots 1
8. Valid votes counted plus challenged ballots §~
9. Challenges are not sufficient to affect the results
of the election.
The Commission vERIFIrS the results of the electior_
conducted November 13, 1998. Service and Business Workers of
America, LOCal 125, USWA, SEIU, AFL-CIO, CLC received a majority
of the valid votes plus challenged ballots.
Pursuant to Section 447.307(3)(b), Florida Statutes, the
Commission CERTIFIES the Service and Business Workers of America,
Local 125, USWA, SEIU, AFL-CIO, CLC (OR-95-o07) as the exclusive
bargaining representative for employees in the unit described
above. Certification number ~~ is issued to the Petitioner.
Certification number ,{~62, previously issued to National
Association of Government Employees, is hereby revoked.
C J
Rc-9a-osa
• This order may be appealed to the appropriate districC court
of appeal. A nctice of appeal must be received by the Commission.
and the district court of appeal within thirty days Erom the date
of this order. Except in cases of indigency, the court will
require a filing fee and the Commission will require payment for
preparing the record on appeal. Further explanation of the right
to appeal is 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 motion must be received by the Commission within fifteen days
from the date of this order. The motion shall state the parti-
cular points of fact or law allegedly overlooked or misappre-
hended by the Commission, and shall not reargue the merits of the
order. For further explanation, refer to Florida 'Administrative
Code Rule 38D-15.005.
It is so ordered.
MAF?ON, JR., Chairman, GERTZ and JACKSGIQ, Commissioners,
concur.
I t•'.ERESY CERTIFY that this document was filed and a copy
served on each party on ,~~ mb ~ 1 1998.
Clerk
/las
•