1994-013 NAGE Contract Agreement
RESOLUTION No. 13-94
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ACCEPTING AND APPROVING THE RATIFIED COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH AND
THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES AND AUTHORIZING
THE MAYOR, VILLAGE CLERK AND VILLAGE MANAGER, IN ACCORDANCE WITH
FLORIDA STATUTES CHAPTER 447, TO EXECUTE THAT CERTAIN COLLECTIVE
BARGAINING AGREEMENT WITH THE NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES SETTING FORTH THE BASIC AND FULL AGREEMENT BETWEEN THE
PARTIES CONCERNING WAGES AND OTHER CONDITIONS OF EMPLOYMENT PER
FLORIDA STATUTES CHAPTER 447; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA:
Section 1. In accordance with Chapter 447, Florida Statutes,
the Village Council hereby accepts and approves the ratified
Collective Bargaining Agreement between the Village of North Palm
Beach and The National Association of Government Employees, a copy
of which is attached hereto and by reference made a part hereof.
Section 2_ The Mayor, Village Clerk and Village Manager are
hereby authorized and directed in accordance with Florida Statutes
Chapter 447 to execute the attached Collective Bargaining Agreement
with The National Association of Government Employees.
Section 3. The effective date of the Agreement specified in
Section 2 shall be October 1, 1993, through September 30, 1995.
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;;ection 4. This Resolution shall take effect immediately
upon its adoption.
PASSED AND ADOPTED THIS ~_ DAY OF MARCH, 1994.
OR
(Village Seal)
' ATTEST:
~~
VILLAGE CLERK
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t
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AGREEMENT
BETWEEN
THE VILLAGE OF NORTH PALM BEACH
AND
THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES
EFFECTIVE OCTOBER 1, 1993 THROUGH SEPTEMBER 30, 1995
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' TABLE OF CONTENTS
ARTICLE TITLE pAGE
I PREAMBLE ................................... 4
II RECOGNITION ................................ 4
III NON-DISCRIMINATION ......................... 4-5
IV MANAGEMENT RIGHTS .......................... 5-7
V VEHICLES, EQUIPMENT, SAFETY,
HEALTH AND COOPERATION ................ 7-8
VI GRIEVANCE PROCEDURE ........................ 8-13
VII DUES DEDUCTION ............................. 13-14
VIII SICK LEAVE ................................. 15-16
IX HOLIDAYS ................................... 16-17
X BEREAVEMENT LEAVE .......................... 17-18
' XI LEAVE POLICIES ............................. 18-21
X7I INSLiR nNCP POLICIES ......................... ZI
XIII WORKERS COMPENSAT:CON ....................... 21
XIV SENIORITY AND LAYOFF ....................... 21-23
XV HOURS OF WORK AND OVERTIME ................. 23-24
XVI PREVAILING RIGHTS .......................... 25
XVII SEVERABILITY CLAUSE ........................ 25
XVIII NO STRIKE .................................. 25-26
XIX CONTRACT CONSTITUTES ENTIRE AGREEMENT
OF THE PARTIES ........................ 26-27
XX PRODUCTIVITY ............................... 27
XXI RECF~UITMENT AND EMPLOYMENT ................. 27-28
' XXII USE OF PERSONAL VEHICLES ................... 28
XXIII SERVICES TO THE UNION ...................... 28-29
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(2EoP~T
XXIV WORK ASSIGNMENTS ........................... 30
' XXV PAY ADVANCE ................................ 30-31
XXVI SAFETY, HEALTH AND COOPERATION ............. 31
XXVII OFF-DUTY EMPLOYMENT ........................ 31-32
XXVIII POLITICAL ACTIVITY ......................... 32
XXIX EDUCATION AND TRA]:NING ..................... 32-33
XXX NEGOTIATIONS ............................... 33
XXXI PENSION PLAN ............................... 33-34
XXXII LONGEVITY PAY PLAN ......................... 14
XXXIII SALARY ..................................... 34-35 12v~
XXXIV MISCELLANEOUS .............................. 35
XXXV SAFETY INCENTIVE AWARD..................... 35
XXXVI ATTENDANCE AWARD PROGRAM ................... 35-36
' XXXVII TERM OF AGREEMENT .......................... 36
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' ARTICLE 2 - PREAMBLE
This Agreement is entered into by the VILLAGE OF NORTH PALM
BEACH, State of Florida, hereinafter referred to as the "Village",
and THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, hereinafter
referred to as the "NAGS", for the purpose of promoting harmonious
relations between the Village and the NAGE, 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.
Thereafter, the parties mutually and in good faith agree to
the following:
' ARTICLE II - RECOGNITION
Section 1. The Village hereby recognizes the NAGE as the
exclusive bargaining representative for all regular full-time paid
Employees in the unit certified by the Public Employees Relations
Commission certification #662, Case No. RC-84-046, dated February
1, 1985.
Section 2. NAGS 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
determining the purpose, mission and operation of the Village.
' ARTICLE III - NON-DISCRIMINATION
Section 1. All reference in this Agreement to Employees of
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the male gender are used for convenience only, and shall be
' construed to include both male and female Employees.
Section 2. Both parties agree to comply with applicable
State Statutes regarding non-discrimination.
ARTICLE IV - MANA EMENT RIGHT
Section 1. Except as expressly 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 in all respects. 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
action against Employees for 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.
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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.
Section 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 this 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.
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.
Section 4. Delivery of municipal services in the most
efficient, effective and courteous manner is of paramount
importance to the Village of North Palm Beach and NAGS.
accordingly, NAGE agrees Chat iL will instruct its members to work
diligently in order that the services performed meet the above
standards.
Section 5. Those inherent managerial functions,
prerogatives and policymaking rights which the Village has not
' expressly modified or restricted by a specific provision of this
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' Agreement, are not in any way subject to the grievance and/or
arbitration procedure contained herein.
nRTICLE V - VEHI LGS EOUIPMEN7'`_SAFETY. HEALTH AND OOPEKA'1'lON
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 i.n the Village are both safe acid
sanitary. Additionally, both parties recognize the need to develop
a safe working force among the employees at the Village. To this
end the Union agrees to report to the Employer any unsafe
conditions or Employees existing n 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 situations.
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 covered by
Worker's Compensation Insurance.
Section 3. Whenever an Employee is required to use his own
vehicle in the performance of his/her official duties, he/she will
be compensated at. the rate provided for in Florida Statutes
112.016(7)(d)(1), reimbursed for tolls and parking charges.
Section 4. Any Employee who abuses assigned vehicle(s) or
equipment shall be subject to disciplinary action up to and
including discharge.
' Section 5. Department heads will determine the proper and
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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 actio~i.
ARTICLE VI - GRIEVANCE PROCEDURE
In a mutual effort to promote harmonious working relations
between the parties of this Agreement, it is agreed to and
understood by both parties that there shall be a procedure for the
resolution of grievances between the parties arising from the
application and interpretation of: this Agreement.
A. Definitions
1. A grievance shall be defined as a violation of the
interpretation or application of the specific terms
of this Agreement.
2. The term "Employee" includes any individual within
the bargaining unit covered by this Agreement.
3. The term "day", when used in this procedure, shall
mean calendar days Monday through Friday, exclusive
of holidays.
4. A "Grievant" is a person affected by the
misapplication or misinterpretation of this
Agreement.
B. Withdrawal of Grievance
A grievance may be withdrawn by the grievant at any time
' and at any step of this procedure.
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C. Grievance Procedure
STEP 1. In the event that a grievance exists, the
grievant or Union representative shall, within five (5)
days of such misapplic~ition or misinterpretation of the
Agreement, first discuss it in an informal manner with
his foreman or immediate supervisor. The Village and the
Union both agree that a foreman or immediate supervisor
that is a member of the bargaining unit will not hear the
grievance. In those instances, the grievant shall
present his grievance to the foreman or immediate
supervisor, not in the bargaining unit.
STEP 2. If the resolution of the grievance at STEP 1 is
not satisfactory to the grievant, or if no disposition
has been made within si.x (6) working days following the
informal discussion with the foreman or immediate
supervisor, the grievant or Union representative may
within six (6) working days file in writing, a formal
grievance with the Department Head. A grievance shall
refer to the specific provision(s) of this Agreement
which has/have been violated. If the formal grievance is
not filed within six (6) working days following the
informal discussion, the right to proceed with the
grievance is barred.
STEP 3. In the event the grievant or Union
representative is not satisfied with the disposition of
the grievance by the Department Head at STEP 2, or if no
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disposition has been made within the time limits as
provided in STEP 2, the grievant or Union representative
may appeal the grievance to the Village Manager within
seven (7) working days from the time the grievant
receives the Department Head's response as required in
STEP 2. Upon receipt of the grievance from STEP 3 the
Village Manager will have ten (10) working days to
respond to the grievance.
STEP 4. In the event the grievant is not satisfied with
the disposition of the grievance in STEP 3, or if no
disposition has been made within the time limits as
provided in STEP 3, the grievant or Union representative
may submit the grievance to arbitration using the Federal
Meditation and Conciliation Service (FMCS). Such
requests shall be filed with the Village Manager no later
than ten (10) working days after the Village Manager's
response is due in STEP 3 of the grievance procedure.
The arbitration proceeding shall be in accordance with
the rule s. of FMCS. If such requests are not filed within
the time limits promulgated, said grievance will be
considered disposed of by the Village manager.
If the Village Manager does not agree that the matter is
arbitrable, notification shall be sent to the grievant of such
within ten (10) days of receipt of the request to arbitration. The
parties agree that in such an instance, an arbitrator will be
' selected according to the rules of FMCS, to determine solely the
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questions of arbitrabil.it.y. Such decision shall he based solely on
' written briefs, exhibits and affidavits submitted by the parties,
with no oral argument allowed. In the event the arbitrator finds
the grievance is not arbitrable, the grievant will take no further
action regarding the arbitrability of the grievance.
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.
The arbitrator shall have no power to add to, subtract from,
modify of alter the terms of this Agreement. The arbitrator shall
have no authority to consider or rule upon any matter which is
stated in this Agreement "not to be subject to arbitration" or
' which is not specifically covered by this Agreement; nor shall this
collective bargaining Agreement be construed by an arbitrator to
supersede applicable laws in existence at the time of this
Agreement. The arbitrator may not issue declaratory or advisory
opinions and shall confine himself exclusively to the question
which is presented to him, which question must be actual and
existing. The arbitrator shall render the decision in writing
within thirty (30) days, or as soon as possible after the close of
the arbitration hearing, and shall furnish a copy to the Village
and the grievant. Both parties agree that the decision of the
arbitrator shall be final and binding on all parties. The
prevailing party in any arbitrated matter including arbitrability
' shall be entitled to receive from the losing party the cost of the
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Arbitrators Fee(s) and expenses only. Each party will be
responsible for the payment of its own witnesses, Attorney Fee(s)
and/or .;onsultant Fee(s).
D. General Provisions
1. The time limits provided in this Article shall be
strictly observed, unless extended by written agreement by the
parties. Failure of the grievant to proceed with the
grievance within the times hereinbefore provided, shall result
in the dismissal of the grievance.
Failure of the Village or its representatives to respond
within the times provided, shall entitle the grievant to
proceed to the next step in the grievance procedure.
2. All grievances shall be processed during times which do
not interfere, or cause interruption of an Employee's work
responsibilities.
3. The filing of a grievance shall in no way interfere with
the right of the Village to proceed to carry out its
management responsibilities, subject to the final resolution
of the grievance. The Employee shall abide by the management
decision involved in any grievance, prior to and during the
time the grievance has been filed, and shall not discontinue
his duties prior to or during the time a grievance is being
processed.
4. The date of disposition shall be the date on which the
immediate supervisor or other management official delivers the
O disposition to the grievant, or the date of postmark in those
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instances where delivery is by U. S. Mail.
' S. The commencing of legal proceeding against the Village in
a Court of Law or equity, or before the Public Employee
Relations Commission, or any other administrative agency, by
an Employee, for misapplication or misinterpretation of the
terms of this Agreement shall be deemed an election of remedy
and shall be deemed a waiver by said Employee of their right
to resort to the grievance and arbitration procedure contained
in this Agreement.
E. GRIEVANCE/DISCIPLINARY REPRESENTATION
1. In the event an Employee is subject to any form of
administrative hearing that could result in disciplinary
action (i.e. suspension, termination, written
' reprimands), the Union representative will be allowed to
attend and/or accompany said Employee during such
hearings or discussions between the Employee and the
immediate supervisor or department head.
2. The NAGE Union representative will be allowed to
attend such hearings or discussions without loss of pay
and/or benefits.
ARTICLE VII - D ES DEDUCTION
Section 1. Employees covered by this Agreement may
authorize payroll ~duc~tions for the purpose of paying dues.
Requests for same must be on a form approved by the Village. No
' authorization shall be allowed for payment of initiation fees,
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special assessments, fines, penalties or delinquent dues.
' Section 2. NAGE will notify the Finance Director as to the
amount of dues. This notice must state the weekly amounC 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 officer of NAGE at least thirty (30)
calendar 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) calendar days in advance of
the effective date of such change.
Section 3. NAGS will indemnify, defend, and hold the
village harmless 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 NAGE dues. NAGE agrees that in case of overpayment, proper
adjustment, if any, will be made by NAGE 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, averaged over the
last 12 months, but with a maximum deduction not to exceed $100 per
year. Said amount will be determined between September 15 to
September 30, of each year and payable October 1. The cost of the
dues deduction shall be deducted from the monies transmitted to
NAGE.
Section 5. The payroll deduction shall be revocable by the
employee by providing thirty (30) days written notice to both NAGE
' and the Village Manager.
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ARTICLE VIII - SICK LEAVE
' Section 1. Regular, full-time Employees who have
satisfactorily completed their ninety (90) day probationary period,
shall earn one (1) day of sick leave for each month of continuous
service, commencing with the first of the month following their
probationary period with no maximum. Employees shall receive upon
their voluntary resignation or their heirs upon their death, all
amounts of money equal to one-half (50%) of their unused
accumulated sick leave. Maximum payment for sick leave will not
exceed thirty (30) days wages.
Section 2. Regular, full-time Employees who have
satisfactorily completed their probationary period, and who incur
a non-duty illness or disability or whose spouse or child is ill,
shall receive sick leave as accrued with full pay. Such sick leave
shall be charged against the Employee's accrued sick leave.
Section 3. Whenever an illness or other medically related
situation requires and Employee to be absent from work for a period
exceeding two consecutive days, the Department Head may request
that the Employee furnish proof of the illness or medically related
situation, prior to sick leave being granted. Any Employee on sick
leave shall continue to accrue all benefits as if on actual duty.
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 unless mitigating factors prevented such
' notification may be regarded as insubordinate or a violation of any
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rule or regulation of the Village depending upon the actual reason
' for not giving notification. Such notification may be made by any
member of the Employee's "immediate family" .(refer to Article X,
Section 2, for definition of immediate family).
Section 5. Since it my 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.
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
limited to, an Employee taking sick leave as it is earned or
establishing a pattern of taking certain 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.
ARTICLE IX - HOLIDAYS
Section 1. The following shall be considered paid holidays
for regular, full-time Employees:
1. New Year's Day
2. Memorial Day
' 3. Independence Day
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4. Labor Day
5. Veteran's Day
6. Thanksgiving Day
7. Friday following Thanksgiving Day
8. Christmas Eve Day
9. Christmas Day
10. Other duly recognized holiday as determined by each
individual department
Section 2. If one of the above holidays falls on a
Saturday, then Friday shall be considered the day off and if the
holidays listed above fall on a Sunday, then Monday shall be
considered the day off.
Section 3. 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 1/2) times their regular base pay for the
actual hours worked.
Section 4. 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.
ARTICLE X - BEREAVEMENT LEAVE
Section 1. When a death 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 2. ~~Immediate family~~ as cited above shall be
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defined as: father, mother, brother, sister, spouse, child,
' father-in-law, mother-in-law, grandparents, son or daughter-in-law,
foster parents, stepparents, brother-in-law and sister-in-law.
ARTICLE XI - LEAVE POLICIES
Section 1. GENERAL
The Village determines and schedules the vacation period of
each Employee eligible for a vacation. Consideration is given
where possible to the preference of the Employee as to the time of
his or her vacation.
Section 2. ELIGIBILITY REQUIREMENTS
Vacations shall be granted to regular, full-time Employees in
the following manner:
' a. First year Employees (new hires) hired prior to May 1
shall receive five (5) working days of vacation as of the
following October 1. Said Employees will be allowed to
take the five (5) working days of vacation following
October 1.
b. First year Employees hired between May 1 and September
30 will receive ten (10) working days of vacation;
however, not on the next October 1, but on the October
1 of a year later. They will not be allowed to use
vacation days until after the October 1 of a year
later.
c. On October 1, following one (1) full year of
employment, but less than seven (7) years of
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employment, the Employee will be granted ten (10)
working days for vacation as of October 1 of each
year.
d. On the October 1 following completion of seven (7)
years of employment, but less than twelve (12) years of
employment, the Employee will be granted fifteen (15)
working days for vacation as of October 1 of each year.
e. On the October 1 following completion of twelve (12)
years of continuous employment the Employee will be
granted twenty (20) working days for vacation as of
October 1 of each year.
f. In recognition of transitioning from the previous
vacation accruals that were in effect prior to October
1, 1990 the Village recognizes the fiscal year Octobert
1, 1990 through September 30, 1991 as a transition year
wherein the following will apply to current regular,
full-time Employees:
(1) Where an Employee has accrued vacation hours as of
October 1, 1990, they will be allowed to use those
hours during FY 90-91.
(2) In addition, Employees will be allowed to continue
accruing and using vacation time up to, and including,
their anniversary month during FY 90-91.
(3) For FY 90-91 only, from the month following the
Employee's anniversary month to September 30, 1991, the
Employee will earn vacation time, but will not be able
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to use it until after October 1, 1991 and only as
' scheduled by the Department Head.
(4) Effective October 1, 1991, the above schedule and
formula for vacation time as outlined in paragraphs
Section 2a through Section 2e will become applicable
and each Employee employed by the Village for more than
one year will be credited on October 1 of each year there
after.
Section 3. TERMINATION CONDITION
If an Employee voluntarily resigns, is terminated from
employment or is deceased while employed, he or his heirs shall be
entitled to an immediate lump sum payment for all vacation time
earned and accrued at the employee's last rate of pay. Said lump
sum payment will be prorated for the last year of employment of the
terminated Employee based on the length of service from the
preceding October 1. This section does not apply to an Employee
who voluntarily resigns during his probationary period.
Section 4. All vacation schedules shall be approved by the
Employee's Department Head.
Section 5. Earned annual leave must be used during the
same fiscal year of October 1 in which the time has been credited
to the Employee; a one year extension of accumulating earned annual
leave may be approved by the Village Manager.
Section 6. Part-time and temporary Employees are not
eligible for vacation except those part-time Employees previously
' grandfathered in by the Village Council. Grandfathered part-time
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Employees will be treated as full-time, regular Employees for the
t purpose of continuing their vacation leave benefits.
ARTICLE XII - INSURANCE BENEFITS
Section 1. The Village will continue to pay 1000 of the
Employee's Individual. Health Insurance Coverage including the
dental plan and continue to pay 50$ of the employee's dependent's
coverage including the dental plan.
Section 2. The Village will continue to provide and pay
for Employee's Life & Accidental Death Insurance in the amount of
One (1) time the Employee's Annual Salary rounded to the nearest
One Thousand Dollars, with a maximum of $50,000.00.
Section 3. The Village shall retain the right to determine
' the insurance carrier or it may self-insure if it so desires.
ARTICLE XIII - WORKERS COMPEN ATION
The village agrees to abide by Chapter 440, Florida Statutes.
ARTICLE XIV - SENIORITY AND LAYOFF
Section 1. 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
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B. Retirement
' C. Voluntary resignation
D. Layoff exceeding six (6) months.
E. Unexcused absence for more than two (2) days.
F. Failure to report to the Village Manager or designee
intention of returning to work, within three (3)
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 seniority with the .least senior Employees in the
classification and department being laid off first, provided the
following factors are substantially equal:
A. Sufficient ability and qualifications to perform the
work.
B. Performance evaluation.
In the event of the substantial inequality of these factors as
between Employees in the same classification and department, the
Employee with the higher values of factors (A) and (B), in the
aggregate, shall be retained.
Section 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
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position. Probationary Employees shall have no recall rights.
Section 5. Regular full-time Employees on layoff status
wi_17. retain recall. rights for s~.x (6) months. Recall will ba m;~de
by certified mail to the last known address in the Employee's
personnel record.
Section 6. Postmarked within five (5) work days of a
certified receipt date, laid off Employees must signify in writing,
their intention of returning to work, to the Village Manager's
office. Failure to respond to this notice within the prescribed
time lit~;its previously stated above shall constitute a voluntary
resignation by the~Employee.
Section 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.
ARTICLE XV - 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.m. 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
1/2) times the basic pay will be paid for all hours worked over the
' normal work week in any week.
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' The Employer agrees that Employees co
shall work no more than one forty (40) hour
pay period with appropriate intervening
unless duties require overtime.
Section 2. The Department Head
appropriate lunch time for each Employee.
Section 3. Effective with the
vered by this Agreement
cycle per seven (7) day
consecutive days off,
shall determine 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 5. 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 preceding the week in which the split shift or
late shift is to be scheduled. By definition, split shifts are
those shifts 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.
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ARTICLE XVI - 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 if
they have been enjoyed by all Employees covered by this Agreement.
ARTICLE XVII - SEVERABILITY CLAUSE
If this Agreement or any provision, section, subsection,
sentence, clause, phrase or work of this Agreement is in conflict
with any law as finally determined by a Court of competent
jurisdiction which has presented to it the issue of conflict as it
may pertain to this Agreement, that portion of this Agreement in
' conflict with said law or Court interpretation of the law shall be
null and void, but the remainder of this Agreement shall remain in
full force and effect with it being presumed that the intent was to
enter into the Agreement without such valid portion or portions.
ARTICLE XVIIZ - 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
25
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,
therefore, 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 who participates in or supports a
sympathy strike during working hours will be deemed in violation of
this Article. Any Employee who violates this Article or
participates in its violation, shall be subject to immediate
discharge. Allowing Employees to work or to return to work shall
not 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. However, the Union reserves the right to use other
appellate procedures as provided for by state law.
ARTICLE XIX - CONTRACT CONSTITUTES ENTIRE A-REEMENT OF THE PARTIES
The Village and NAGE 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
26
' subject or matter not removed by law from the area of collective
bargaining, and that the understandings 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 settled all matters of collective
bargaining for and during its term.
' ARTICLE XX - PROD UCTIVITY
NAGE 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, NAGS pledges that
it will actively promote and encourage Employees to increase their
productivity and raise their level or service in order to provide
and maintain the delivery of services at the highest possible
level.
ARTICLE XXI - RECRUITMENT AND EMPLOYMENT
All new bargaining unit Employees that are on probation will
remain so for a maximum period of ninety (90) days. New Employees
' are not required to join the Union to work at the Village. Union
27
' membership is purely voluntary.
The Employer will encourage Employees in upgrading themselves
for qualifying for a position.
All known vacancies or new positions will be posted on all
Bulletin Boards within thirty (30) business days of the vacancy
occurring. Employees desiring consideration will apply, in
writing, through channels by filing deadline.
ARTICLE XXII - USE OF PER ONAL VEHI LE
Employees will not be required to use their private vehicles
in the performance of assigned duties, without payment of
appropriate mileage reimbursements in accordance with prevailing
Florida law.
ARTICLE XXIII - SERVICES TO THE iNION
The Employer agrees to furnish the Union with a list of the
names, addresses, phone numbers, step and grade of the Employees
within the bargaining unit as of the date of execution of this
Agreement. Should the Union desire revised and updated lists
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 requests
shall not be made more often than quarterly.
The Employer will provide the Union one (1) bulletin board to
be located in a mutually agreed upon location to be used solely by
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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; and
C. Notices of Union meetings and educational classes.
D. Any material deemed informative teeth general membership
as approved by the Village Manager.
The bulletin board shall not be used by the Union or its
members to disseminate propaganda of any kind, to distribute
political pamphlets or any other type of political matter, or for
advertising. All notices shall clearly state that they are "Union
Notices". The board will be approximately 2 x 3 feet in size.
The Employer will furnish the Union office with a current copy
of all written personnel regulations and the Union shall sign a
receipt therefore.
A duly authorized representative of the NAGS will be permitted
to communicate official Union business to members of the Union of
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 Smployer concerning
visitors to Village property.
A copy of all Union notices that are to be put on said
bulletin board shall be forwarded to the Village Manager's office.
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' ARTICLE XXIV - WORK ASSIGNMENTS
Any Employee temporarily assigned to a lower pay grade
classification, shall be compensated at the rate of pay received in
his regularly assigned pay grade classification.
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 descriptions 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 particular job description, those tasks shall be
of a nature so as to bear a reasonable relationship to the
Employees' job descriptions.
In the event an Employee is directed and authorized in writing
by the Village Manager to temporarily work in a high pay grade
classification in excess of ten (10) consecutive working days, that
Employee will receive the amount of pay set for his current step in
the higher grade for the period of time worked in excess of the ten
(10) day period.
For Sanitation Department, a relief pension will be available
whenever an Employee in this department is unable to work. Also,
a drag line will be provided for each vehicle to facilitate
handling of large trash piles.
ARTICLE XXV - PAY ADVANCE
An Employee may request his vacation pay checks in advance of
t any scheduled and earned annual leave by submitting his request in
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writing to the Employee's department head at least two (2) weeks
prior to his first day of annual leave.
ARTICLE XXVI - SAFETY. HEALTH AND COOPERATION
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 safe
working force among the Employees at the Village. 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 situations.
Any dangerous situation is to be reported immediately to the
foreman. All accidents are to be reported to the foreman
immediately. Job-related accidents are Covered by Workers
Compensation Insurance.
ARTICLE XXVII - OFF-DUTY EMPLOYMENT
An Employee may accept and be employed in an occupation off-
duty, without disciplinary action being taken against said
Employee. Provided, however, that no Employee shall engage in off-
duty employment which interferes in any way with his/her employment
with the Village or his/her ability to perform his/her work
assignments in the Village. Additionally, it is the responsibility
of all shift personnel to insure that any such off-duty employment
31
allows a minimum of four (4) hours rest before the Employee reports
' for duty in the Village.
It will be the responsibility of the Employee to notify the
immediate supervisor and the Village Manager of his/her intentions
to accept off-duty employment. Such request shall not be
unreasonably denied, except where such off-duty employment shall be
shown to reflect negatively on the reputation of the Village of
North Palm Beach.
ARTICLE XXVIII - POLITICAL ACTIVITY
The parties understand that the Union is not the political
representative of the Employees and neither the Union or 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 Village property, or in such a manner
as would interfere with the Employee's duties. Such activities
shall not be conducted in violation of State conflict of interest
statutes.
ARTICLE XXIX - EDUCATION AND TRA NIN
Section 1. The Employer agrees to reimburse Employees for
' tuition or books incurred when enrolled in courses which have been
32
' approved or directed by the Village Manager. To qualify for
reimbursement, the Employee must show proof of receipt of a grade
of "C" or better.
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 1/2) times their
regular hourly salary. However, seminars and conventions are not
included within 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 (1) 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 (1) year, any money paid for tuition or books
' must be repaid to the Village. This repayment does not apply in
the even of layoff or job abolishment. Books that are paid for by
the Village shall remain the property of the Village.
ARTICLE XXX - NEGOTIATION
The Village agrees to release up to two (2) members of the
bargaining unit from their regular job responsibilities in order
that they may begin negotiations at a time mutually agreeable to
both the bargaining unit and the Village.
ARTICLE XXXI - PENSION PLAN
The Employer agrees to maintain the current pension plan now
' in effect for all bargaining unit members, so long as it is
33
provided for by the applicable Florida Statutes.
ARTICLE XXXII - LONGEVITY PAY P AN
The Village agrees to pay the following longevity increases:
A. Three years of completed service............$ 300.00
B. Six years of completed service ..............$ 600.00
C. Nine years of completed service .............$ 900.00
D. Twelve years of completed service...........$1,200.00
Longevity pay will be paid annually and will be effective on
the Employee's anniversary date. Any increases during the fiscal
year will take effect from the Employee's anniversary date to the
end of that fiscal year.
Longevity will not be calculated in the base salary for pay
' raise purposes but will be computed in with base salary for
retirement purposes.
ARTICLE XXXIII - SALARY
Each Employee currently in the bargaining unit as of the date
of adoption of this contract, as amended, by the Village Council
shall receive a four percent (4k) pay increase on their base salary
retroactive to October 1, 1993 for the fiscal year 1993-94. In
addition, there shall be a Salary Reopener for the fiscal year
1994-95 without prior notification. The Village shall make a good
faith effort to conduct a Job and Salary Survey in an attempt to
evaluate pay inequities of members of the Bargaining Unit and make
' those results available to the Union salary negotiations for the
34
' fiscal year 1994-95.
ARTICLE XXXIV - MISCELLANEOUS
Section 1. 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.
Section 3. Any terms and conditions not addressed in this
agreement, but found to exist in the Personnel Rules & Regulations
and such terms and conditions do not infringe upon the prevailing
rights of the collective bargaining unit then members of the
collective bargaining unit shall be subject to those terms and
conditions of the Personnel Rules & Regulations.
ARTICLE XXV - SAFETY INCENTIVE AWARD
Whenever an Employee completes one (1) year of service without
receiving or causing any injuries on the job, a one time bonus
equal to one day's pay shall be granted to the employee. Payment
shall be made during the month of October.
ARTICLE XXXVI - ATTENDANCE AWARD PROGRAM
An Employee who uses four (4) or less days of sick leave per
year shall receive one time bonus equal to one day's pay. Such
' bonus payment shall be made to the Employee during the month of
35
' October.
ARTICLE XXXVII - TERM OF AGREEMENT
This agreement, as amended, shall be effective October 1, 1993
and shall remain in full force and effect to the thirtieth (30th)
day of September, 1995. However, there shall be a reopener for
Article XII Insurance Benefits, for fiscal year 1994-95, and
Article XXXIII Salary's for fiscal year 1994-95, without further
notification.
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.
I
u
36
1
IN WITNESS WHEREOF, THE PARTIES HAVE SET THEIR HANDS AND SEALS
THIS 24th DAY IN MdrCh
VILLAGE OF NORTH PALM BEACH
- 1
~~'_ ~~'~
YOR
VILLAGE MANAGER
~~
VILLAGE CLERK
1
National Association of
Government Employees
By:
/v~~
37
NATIONAL ASSOCIATION OF
GOVERNMENT EMPLOYEES
1994 .
PRESIDENT - E
N P ATIVE
Village of
North Palm Beach