R2023-21 Ratification of PBA Memorandum of UnderstandingRESOLUTION 2023-21
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, APPROVING AND RATIFYING A MEMORANDUM OF
UNDERSTANDING WITH THE PALM BEACH COUNTY POLICE BENEVOLENT
ASSOCIATION, INC. TO AMEND ARTICLE 15 OF THE COLLECTIVE
BARGAINING AGREEMENT PERTAINING TO PAID HOLIDAYS;
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE MEMORANDUM
OF UNDERSTANDING; PROVIDING FOR CONFLICTS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Village and the Palm Beach County Police Benevolent Association, Inc. (PBA) are
parties to a Collective Bargaining Agreement (CBA) ratified by the PBA on April 12, 2022 and approved
and ratified by the Village on April 14, 2022 through the adoption of Resolution No. 2022-29; and
WHEREAS, the Village and the PBA have agreed to amend Article 15 (Paid Holidays) of the CBA
though the execution of a Memorandum of Understanding (MOU), effective upon ratification by both
parties; and
WHEREAS, the collective bargaining unit has voted to ratify the MOU by a vote of 23 to 0; and
WHEREAS, the Village Council determines that approval and ratification of the MOU is in the best
interests of the Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby approves and ratifies a Memorandum of Understanding with
the Palm Beach County Police Benevolent Association, a copy of which is attached hereto and
incorporated herein, and authorizes the Village Manager to execute the MOU on behalf of the Village.
Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent
of such conflict.
Section 4. This Resolution shall take effect immediately upon adoption.
PASSED OPTED THIS 9TH DAY OF MARCH, 2023.
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RIDA
MAYOR._
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ATTEST:
GE CLERK
MEMORANDUM OF UNDERSTANDING TO AMEND 10/1/2021-9/30/2024
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE OF NORTH
PALM BEACH AND THE PALM BEACH COUNTY POLICE BENEVOLENT
ASSOCIATION, INC.
This Memorandum of Understanding is entered into between The Village of North Palm
Beach (hereinafter referred to as the "Village") and the Palm Beach County Police Benevolent
Association, Inc. (hereinafter referred to as the "PBA").
WHEREAS, the Village and the PBA are Parties to a Collective Bargaining Agreement,
ratified by the bargaining unit on April 12, 2022, and the Village on April 14, 2022; and
WHEREAS, the PBA requested and the Village agrees to amend the Collective Bargaining
Agreement to change the day that employees are paid premium pay for working on a holiday
from the day the Village observes the holiday to the actual day of the holiday: and
THEREFORE, the Village and the PBA agree to the amendments to Article 15 (Paid
Holidays) as follows, to edit as follows:
ARTICLE 15 PAID HOLIDAYS
1. All employees will receive eight (8) hours of holiday pay for each of the following
twelve (12) holidays. In addition to the eight (8) hours of holiday pay, those employees
who work on an actual holiday will receive premium pay (1 1/2 times regular pay) for each
hour the employee works on the actual holiday.
"Actual holiday" means the date the holiday falls on the Gregorian calendar as opposed
to the date the Village observes the holiday. Employees will not receive premium pay for
working on the date that the Village observes the holiday, if different than the actual
holiday.
New Year's Day
Martin Luther King Jr. Day
President's Day
Memorial Day
Juneteenth
Independence Day
Labor Day
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Veteran's Day
Thanksgiving Day
Friday Following Thanksgiving Day
Christmas Eve
Christmas Day
2. When an employee works on any of the above listed actual holidays, the employee
will be paid premium pay (11/2 times regular pay) for each hour actually worked in addition
to the eight hours of holiday pay. Only the hours actually worked on an actual holiday, if
any, count as hours worked in the pay period when calculating eligibly for overtime.
3. If an actual holiday occurs when an employee is absent from work on paid leave
under this collective bargaining agreement or other personnel rules, regulations or
departmental directives, the employee shall still be paid eight (8) hours of holiday pay at
the employee's regular rate of pay.
4. An employee who does not work their full scheduled day before and after an actual
holiday will not be paid holiday pay for that holiday. Pre -scheduled vacation or sick leave
for medical tests, scheduled treatments, or actual illness or injury on the day before and
after a holiday are treated as days worked. The Village may ask for a doctor's note or
other proof of illness to verify the bargaining unit member's illness or injury.
5. In the event an employee calls out sick for all or any portion of an actual holiday,
and the Village then requires another employee to work at the overtime rate, the
employee utilizing sick leave on the actual holiday shall be charged sick leave at the rate
of one and one-half (1.5) hours for each one (1) hour of sick leave used. Employees under
in-patient care or who are indisputably sick, including those who provide a doctor's note,
shall not be subject to this provision.
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The Village and the PBA agree further:
1. That the agreed upon changes to the aforementioned Article shall appear in Article 15 without
modifying any other existing subsection or Article;
2. That this Memorandum of Understanding shall be effective the first full pay period following
ratification of this MOU by the employees and the Village Council and will apply prospectively
and not retroactively.
IN WITNESS THEREOF, the Parties have caused this morandum of Understanding to be
signed by their duly authorized representatives on the ay of February, 2023.
FO THE VILLAGE:
Z.
Village Manager
DATE: A
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DATE: Z,--Z7--Z3