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1979-11 Authorizing the Mayor to Execute Agreement with PBC Police Benevolent Association,~ RESOLUTION N0, 11-79 A RESOLUTION OF THE VILLAGE COUNCIL OF NORT}{ PALM BEACH, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE THAT CERTAIN AGREEMENT W71'H THF, PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, SETTING I'ORTH THF. BASIC, COMPLETE AND FULL AGREEMENT BETWEEN THE PARTIES CONCERNING WAGES ANll OTHER CONDITIONS OF EMPLOYMENT, AND PROVIDING AN I;]'FECTIVF. DA1'F,. BE IT RF,SOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BF,ACII, FLORIDA: Section 1. The Mayor is hereby authorized to execute that certain Agreement with the Palm Beach County Police Benevolent Associa- Lion, copy of which is attached hereto and by reference made a part hereof. Section 2. The effective date of the Agreement shall be 1 established as llecember 5, 1978. Section 3. This Resolution shall take effect inN~ediately upon passage. PASSED AND ADOPTED THIS 25TH DAY OF JANUARY, 1979. /s/ Al Moore MAYOR 1 A7'1'F;S 1' : /s/ Dolores R. Walker Village Clerk ,:, <> rTl ~ ~ ... ,. AGREEMENT THIS AGREEMENT, made and entered into this 5 day of December , 1978, is between the VILLAGE OF NORTH PALM BEACH, Florida, hereinafter referred to as the "Village", and the PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, hereinafter referred'to as the "PBA" or "Association",; and shall be effective on December'S _. 1978, through September 30, 1979. PREAMBLE WHEREAS, the parties desire to promote harmonious relations between the Village and the employees in the bargaining unit represented by the PBA; to establish an orderly and peaceful procedure for the settlement of differences concerning the interpretation of this Agreement; to set forth the basic, complete, and full agreement between the parties concerning wages and other conditions of employ- ment; and to preclude any further negotiations during its term unless otherwise provided herein; NOW THEREFORE, the parties agree with each other as follows: ARTICLE I RECOGNITION AND DUES CHECK OFF AND ASSOCIATION ACTIVITY • Section 1. Recognition. In accordance with Chapter 447 Florida Statutes the Village hereby recognizes the Association as the collective bargaining agent for all Public Safety ,`~+ Officers up to and including the rank of Sergeant and as contained in the certification of the Public Employee Relations Commission. Section 2. Dues Deduction. Upon receipt of a lawful, voluntarily written authorization from an employee on a form provided by the Association, the Village will deduct from the pay due such employee during the term of this Agreement uniform dues and assessments in an amount certified by the Association in writing; provided that the P.B.A, shall pay an initial fee of $50.00 (Fifty Dollars) as an administrative fee for performing the service of making such deductions; provided further that an additional $50.00 (Fifty Dollars) shall be paid if the amounts of deductions are subsequently changed by the Association. Any change in the amount of deductions shall be presented to the Village at least thirty '(30) days prior to the effective date of the change. The employee deduction authorizations shall be revocable at will upon written notice to the Village. Section 3. Indemnification. The association agrees to indemnify and hold the Village harmless against any and all claims, suits, orders, or judgments brought or issued against the Village as a result of any action taken or not taken by the Village under the provisions of this Article. Section 4. Non-Discrimination. The Village and the Association agree not to interfere with the rights of employees to become or not become members of the Association and, further, that there shall be no discrimination or coercion against any employee because of Association membership or -2- . ,>> non-membership. Any rights or benefits secured in this Agreement shall inure to the benefit of all employees in the bargaining unit, whether Association members or not. Section 5. Association Activity. There shall be no association activity conducted during work time by any employees. Any meetings held between the Village and the Association or its representatives shall be at times which will not impede or restrict the operation of the Public Safety Department and attendance at any such meetings by employees will not be compensated by the Village. Section 6. Leave For Association Business. Two employees selected as PBA representatives may be granted leave without pay, unless the employee elects to use vacation time for the purpose of attending state or national meetings or for other Association activity, provided that such leave will not be granted for periods of less than one shift; and provided further that one (1) week notice of the requested leave time is given to the Village. ARTICLE II COMMUNICATION WITH ASSOCIATION Section 1. Information To Association. The Village agrees to furnish the PBA with a copy of written personnel rules and regulations and written departmental directives to employees. The Village will also inform the PBA of any additions or deletions from the employee roster of the bargaining unit. Employees and the Association will be advised concerning any changes or additions to the rules, regulations, or directives. -3- Section 2. Bulletin Board Space. The Village agrees to provide space on the bulletin board in the squad room sufficient for the posting of one 8" x 11" Association notice, or in lieu thereof will permit the Association to hang a bulletin board in the squad room no larger than 18" x 24". No material of a scandalous, threatening, accusatory or inflammatory nature shall be posted, nor shall any material critical of the Village or its management be posted. Section 3. Personnel File. Upon reasonable request, an employee shall have the right to review his personnel file in the presence of an appropriate representative of the Village. Upon request, the employee shall be furnished a copy of any document in the file, provided that the cost of providing such document may be charged to the employee. If a charge is brought against an employee and placed within the employee's file, material relating to the charge may be sealed if the employee is adjudicated innocent of the charge and the employee requests in writing that the material be sealed; provided that no such material may be sealed contrary to any public records law. The Village agrees that an employee may insert into his or her personnel file any written refutations and/or letters of rebuttal to any matters contained within the personnel file. ARTICLE III MANAGEMENT RIGHTS it is recognized and agreed that, except as specifically stated herein, the Village retains whatever rights and authority it possessed prior to entering into this Agreement, -4- including but not limited to the right to operate and direct the affairs of the Village and its Public Safety Department in all its various aspects; to direct the working forces; to plan, direct, and control the operations and services of the Department; to determine the methods, means, organization and personnel by which such operations and services are to be conducted; to assign and transfer employees; to schedule the working hours; to hire and promote; to demote, suspend, discipline, or discharge for just cause; to relieve employees for lack of work or for. other legitimate reasons; to make, establish, and enforce standards of employee performance and methods for the measurement of same; to make and enforce reasonable rules and regulations; and to change or eliminate existing methods, equipment, or facilities. ARTICLE IV NO-STRIKE The parties hereby recognize the provisions of Chapter 447, Florida Statutes, which define strikes, prohibit strikes, and establish penalties in the case of a strike and incorporate those statutory provisions herein by reference. The parties further agree that the Village shall haves the right to discharge or otherwise discipline any employee(s) who engage(s) in any activity defined in Section 447.203(6), Florida Statutes, at its discretion. -5- ARTICLE V VEHICLES AND EQUIPMENT Section 1. Vehicle Maintenance. Each Public Safety Officer assigned to a Village vehicle shall keep the vehicle free of litter and return the vehicle at .the end of his shift in the same condition as when he received it, subject only to mechanical defects or damage, or soiling of the vehicle not caused by the .Public Safety Officer. It shall be the vehicle operator's responsibility to report all damage, mechanical problems, or operational problems detected or which could be detected with reasonable diligence. If the Officer believes the vehicle assigned is unsafe, it shall be reported to the shift supervisor. If the shift supervisor agrees that the vehicle is unsafe it shall not be placed in service until it has been made safe. Public Safety vehicles will be washed and sanitized as needed. Section 2. Use of Private Automobile. in the event an employee is authorized and directed in advance to use his own automobile for the performance of official duties on behalf of the Village, he or she will be compensated at the rate of fifteen cents (15 cents) per mile for each mile driven on behalf of the Village. Section 3. Portable Radios. Officers will be provided with two-way portable radios on an "as needed" basis, determined by the shift supervisor. -6- ARTICLE VI CLASSIFICATION AND PAY PLAN Section 1. Classifications and Rate Rari es. Classifications, together with the minimum and maximum rates therefor shall be as follows: Classification Patrolman Recruit Patrolman Police Only Patrolman Police & Fire Patrolman Police & EMT II Patrolman Police, Fire & EMT TI Sergeant Police Only. Sergeant Police & Fire Sergeant Police & EMT II Sergeant Police, Fire & EMT II Minimum Maximum Ho_ urly ' Annual Hourly ' Annual 5.22 10,857 6.66 13,853 .5.35 11,128 6.83 14,206 5.49 11,419 6.99 14,529 5.55 .11,544 7.09 •14,747 5.69 11,835 7.26 15,100 5.76 11,981 7.34 15,267 5.83 12,126 7.44 14,475 5.90 12,272 7.53 15,662 6.05 12,584 7.71 16,037 Section 2. Across=the-BO'ard Increases. Effective 1978, employees covered by this Agreement shall receive an across-the-Board increase of 3B unless such increase would bring the employee to a rate greater than the maximum set forth in Section l of this Article, in which case the employee's rate shall be increased to the maximum only. . Section 3. 'Merit Tnc7Ceases:. Effective 1978, .employees covered by this Agreement shall be reviewed and have their performance evaluated.. Based upon those performance evluations employees may receive a merit increase and-the sum total of all merit increases shall equal an average of 2~, devised by dividing the total amount of all aggregate merit increases by the number of employees in the bargaining unit. -7- ARTICLE VII TEMPORARY UPGRADES When an employee is assigned to an acting supervisory position for a period in excess. of fourteen X14) successive calendar days (inclusive of days off), (s)he shall receive a wage differential of not less than one-half of the pay difference between the upgraded employee's regular rate and the minimum rate of the supervisory position. ARTICLE VIII HOURS OF WORK. AND. OVERTIME Section 1. Purpose. This Article is intended to define the normal hours of work and to provide the basis for the calculation and payment of overtime. It shall not be construed as a guarantee of hours of work-per day or per week, or of days of work per week. Section 2. Normal Workday. The normal workday shall consist of eight (8) hours of work, exclusive of meal period except for officers on patrol ox who are.in a duty status not permitting an offduty meal period, in a twentyfour (24) hour period. Section 3. Normal Workweek. The normal workweek shall consist of forty (40) hours per week and such additional time as may from time to time be required in the judgment of the Village to serve the citizens of the Village. The workweek shall begin with the employee's first regular shift each week. -8- Section 4. Weekly Overtime. For all scheduled or previously assigned hours worked in excess of forty (40) hours during an employee's workweek, the Village will pay the employee one and one-half (1 1/2) times the employee's. straight-time hourly rate of pay. For work performed upon call out for a fire or other emergency, the employee will receive straight-time pay only but an employee who is assigned to work on such a call will be guaranteed a minimum of two (2) hours work or pay in lieu thereof. Employees who are entitled to overtime compensation may be allowed to receive such compensation in the the form of compensatory time off at the rate of one and one-half (1 1/2) off for each overtime hour worked. Section 5. Change of Hours. Employees shall be given as much notice as is practicable in the event their shift or duty hours are changed. Section 6. Exchange of-Time. The Village recognizes that unusual circumstances may require that an employee finds~it necessary to request a change of work hours. So long as over- time compensation does not result, employees may work for or change hours with each other; provided that the duties to be performed are similar; provided further that determinations of duty similarity and approval otherwise is given by the Chief or his designated representative. Reasonable advance request for such exchanges will be required. Section 7. Education and Training. It is understood and agreed that exchange of time as set forth in Section 6 above -9- .. ; may be permitted for the purpose of attending college level courses related to public safety. ARTICLE IX PRO:dOTIONS Employees are encouraged to become qualified for additional skills and specialties within the scope of the public safety department. Employees who are qualified for additional skill designations or for promotion may receive such designation or promotion upon the determination of the Village., The criteria for promotional consideration will be applied fairly to all employees who wish to be considered and qualified employees will be promoted .based upon past performance, fitness for the job and seniority. ARTICLE X EDUCATION AND TRAINING Section 1. Exchange of Time For Attendance At School. Upon application to the Chief of Public Safety, shift exchanges for the purpose of attendance at advanced schools and college courses will be arranged, provided the following conditions exist: (a) It does not interfere with the regular and efficient operation of the Department. (b) A fellow officer of like rank and experience volunteers for the shift change. (c) It is requested and approved sufficiently in advance so as not to work a hardship on either officer or the Village. (d) The courses sought to be taken are related to the performance of public safety responsibilities. -10- . r Section 2. Pay For Time .Spent At Public Safety Training. Officers attending polygraph courses, breathalyzer courses, or other specific vocational courses approved by the Village shall be paid straight time for time spent attending such course. ARTICLE XI MEDICAL BENEFITS Employees shall receive the same medical and hospital benefits as presently enjoyed for the duration of this contract; provided that any increase in premium necessary to maintain this benefit level shall be borne by the employees and the Village in the same ratio as is presently the case. ARTICLE XII LAYOFF AND RECALL In the event of a reduction of the force in a classification, the least senior employee(s) shall be removed from the reduced classification first; provided the skill, ability, and job per- formance of the junior and senior employees are relatively equal. If the junior employee(s) have greater skill, ability, or superior job performance, the senior employee(s) may be removed from the classification. An employee who is removed from a classification under the procedure may bump a junior employee in a lower classification, provided the employees' skills, abilities, and performance are relatively equal, and provided further that the bumping employee is qualified for the lower classification. If an employee who is displaced from his/her classification is -11- unable to bump into a lower classification, (s)he shall be laid. off. In the event of recall of laid off employees, they shall be recalled in the reverse order of layoff, i.e., the last laid off shall be the first recalled. ARTICLE XIII HOLIDAYS Section 1. Recognized Holidays. The Village recognizes the following holidays for purposes set forth in this Article: New Year's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day, plus one additional Christmas holiday Section 2. Holiday Pay. Employees who are not .scheduled to work on a holiday and who do not work on the holiday will receive one day's pay for the holiday. In the event an employee is required to work on any of the recognized holidays, he or she will be paid for the holiday time worked at straight time. The employee who works the holiday will also receive holiday pay. Section 3. Weekend Holidays.. Holidays will be observed on the day of their occurrence except that Sunday holidays shall be observed on the following Monday, and Saturday holidays shall be .observed on the preceding Friday. Section 4. Holiday Pay Eligibility. ~In order to be eligible for holiday pay, an employee must work his or her full scheduled workday immediately prior to and his or her full scheduled workday inunediately following the holiday, unless the employee is absent with pay on any of these days due to verified illness or other satisfactory excuse. -12- ~ ~ ~ Section 5. Holiday During Vacation. In case a holiday is observed on any day during an employee's vacation, an additional day off with pay shall be allowed for each such holiday. ARTICLE XIV ANNUAL LEAVE Section 1. Paid Leave. Employees who are on the payroll and filling permanent full-time positions shall receive paid annual vacation leave based upon their length of continuous service as follows: Length of Service Des of Vacation One year to 7 years 10 days (.833 days per month for each month worked) 7 years to 12 years 15 days (1.25 days per month for each month worked) 12 years and over. 20 days (1.666 days per month for each month worked) Section 2. Eligibility. Employees shall first be entitled to vacation leave after completion of one year of service and are encouraged to use accrued leave days thereafter during the year in which they accrue or at the conclusion of such year. In no event shall an employee be entitled ,to accumulate more than 30 days annual leave or more than had been accumulated on July 28, 1977, whichever is greater. Section 3. Selection of Vacation. Vacations shall be scheduled by the Director of Public Safety giving due consider- ation to the desires of employees. In the event of a conflict -13- . , .. in employee preferences among employees in the same classifi- cation and with the same assignment, seniority shall determine first choice of vacation. Vacations shall not be taken in increments of less than one work shift. .ARTICLE XV LEAVES OF ABSENCE Section 1. Bereavement Leave. Employees will be granted up to three (3) days with .pay in the event of death of a father, mother, mother-in-law, father-in-law, brother, sister, child, or spouse. Section 2. Sick Leave. Full-time employees shall accumu- late sick leave~at the rate of 5/6 day per month of employment, provided the employee has worked or received pay for at least half the month. Sick leave accumulation shall not exceed sixty (60) days and. shall be used only under the following circumstances: (a) An employee must notify the department as soon as practicably possible of the need to use sick leave and the reason therefor; (b) Sick leave may only be taken for personal illness or injury; provided that a maximum of three (3) days per year may be used for the care of immediate family members who are ill or injured; (c) Employees may be required to submit a physician's statement covering all periods df illness or disability; (d) Upon resignation, or retirement from Village employ- ment,'all accumulated and unused sick leave shall be exchanged for annual leave at the rate of four (4) sick leave days to each annual leave day. Section 3. 2.4ilitary Leave. Employees who are members of the United States Armed Forces Reserves or the National Guard -14- .~'~ / ' will be given leave for up to eighteen (18).consecutive days per year for the purpose of attending annual Active Duty for Training ARTICLE XVI GRIEVANCE PROCEDURE Section 1. Definition and Procedure. For the purpose of this Agreement, a grievance is any dispute or difference between an employee and the Village involving the meaning,' interpretation, or application of the provisions of this Agreement. Grievances shall be handled in the following manner: Step 1: The employee shall present the grievance in writing to his/her sergeant. Step 2: If the employee is not satisfied with the answer of the sergeant or if no answer has been .given within three (3) working days, then the grievance shall be presented to the Lieutenant within three working days of the sergeant's answer or failure to supply a timely answer. The Lieutenant or his designee shall meet with the employee and a Union representative if the employee requests unless such a meeting is waived. After the meeting or waiver, the Lieutenant will answer the grievance. Std: If the employee is not satisfied with the • Lieutenant's answer he or she may appeal in writing within five (5) working days, to the Captain. The Captain may meet with the em- ployee and a Union representative at the employee's request. Step 4: If the employee is not satisfied with the answer of the Captain the employee may appeal in writing within five (5) working days to the Chief. The Chief may meet with the employee and a Union representative at the employee's request. Stems 5: If the employee is not satisfied with the Chief's answer, he or she may appeal in writing within (5) working days to the -15- • . Village Manager. The I4anager may meet with ~ the employee and a Union representative at the employee's request. Step 6: If the employee is not satisfied with the answer of the t4anager, the employee shall request in writing that the grievance be appealed to arbitration. Such a request must be made within five (5) work days of the t4anager's answer. Section 2. Arbitration. If a grievance is appealed to arbitration, the parties shall attempt to agree upon an arbitrator within five (5) working days after receipt of the request for arbitration. In the event the parties are unable to agree upon an arbitrator, the employee or the Union shall request the Federal blediation and Conciliation Service to submit a panel of five (5) arbitrators. Both the Village and the employee or Union shall have the right to strike two (2) names from the panel. The employee or Union shall strike the first two names, .then the Village will strike two and the remaining name shall be the arbitrator. Section 3. Authority of Arbitrator. The arbitrator shall have no right to amend, modify, ignore, add to, or subtract from the provisions of this Agreement. He shall consider and decide only the specific issue submitted to him in writing and shall. have no specific issue submitted to him in writing and shall have no authority to make a decision on any other issue not so submitted. The decision shall be based solely upon his interpretation of the meaning or application of the express terms of this Agreement to the facts of the grievance presented. Consistent with this section, the decision of the arbitrator shall be final and binding. Section 4. Expenses of Arbitration. The fee and expenses of the arbitrator and the cost of a written transcript shall be -16- ~ ~ 1 divided equally between the Village and the employee or Union; provided, however, that each party shall be responsible for compensating its own representatives and witnesses. Section 5. Time Limit for Filing. No grievance shall be entertained or processed unless it is submitted within ten (10) working days after the occurrence of the first event giving rise to the grievance - or within ten (10) working days after the employee through the use of reasonable diligence should have obtained knowledge of the occurrence of the event giving rise to the grievance. ARTICLE XVII DURATION This Agreement shall be in full force and effect from the first date above written and remain in effect until September 1979. ~n~eN-s w' q-9 Q.S.' IN WITNESS WHEREOF the parties have set their hands and seals this 25th day of January 1979. VILLAGE OF NORTH PALM BEACH cr,.O ~ty`. ~._.~,, ,M~yor ~,~ ,/ '~ ~ ~A~~te~s PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION r , rest ent ~~?~~~-GG?J S E EN CAR 1 Representative Village Cfer -17-