2005-088 Bargaining Agrmnt with FPE•~
RESOLUTION 88-2005
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING THE MAYORAND VILLAGE CLERKTO ENTER INTO
A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE OF NORTH
PALM BEACH AND FEDERATION OF PUBLIC EMPLOYEES, A DIVISION OF THE
NATIONAL FEDERATION OF PUBLIC AND PRIVATE EMPLOYEES, AFL-CIO,
ATTACHED AS EXHIBIT "A", AND MADE PART OF THIS RESOLUTION; 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 Collective Bargaining Agreement between the Village of North Palm Beach and Federation of
Public Employees, A Division of the National Federation of Public and Private Employees, AFL-CIO,
attached as Exhibit "A."
Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the
Collective Bargaining Agreement specified above and set forth in Exhibit "A" for and on behalf ofthe
Village of North Palm Beach.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 22nd DAY OF SEPTEMBER, 2005.
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VILLAGE CLERK
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AGREEMENT
BETWEEN
THE VILLAGE OF NORTH PALM BEACH
AND
FEDERATION OF PUBLIC EMPLOYEES,
A DIVISION OF THE NATIONAL FEDERATION OF PUBLIC
AND PRIVATE EMPLOYEES, AFL-CIO
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TABLE OF CONTENTS
TITLE OF ARTICLE PAGE
Article 1 -Preamble .......................................................................................................4
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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 ...........................................
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Article 8 -Americans with Disabilities Act ................................................................16
Article 9 -Family Medical Leave ................................................................................17
Article 10 -Dues Deduction .........................................................................................18
Article 11 -Military Leave ..........................................................................................19
Article 12 -Paid Vacation ............................................................................................20
Article 13 -Insurance Benefits ....................................................................................22
Article 14 -Workers Compensation ...........................................................................23
Article 15 -Seniority, Subcontracting, and Layoff ...................................................24
Article 16 -Tool Replacement .....................................................................................26
Article 17 -Sick Leave .................................................................................................27
Article 18 -Legal Benefits ...........................................................................................29
Article 19 -Drug and Alcohol Testing ........................................................................30
Article 20 -Holiday ......................................................................................................32
Article Z1 -Bereavement Leave ..................................................................................33
• Article 22 -Hours of Work and Overtime .................................................................34
Article 23 -Prevailing Rights ......................................................................................36
Article 24 - Severability Clause ...................................................................................37
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Article 25 - No Strike ...................................................................................................38
Article 26 -Contract Constitutes Entire Agreement of the Parties .........................39
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Article 27 -Productivity ..............................................................................................40
Article 28 -Probation ...................................................................................................41
Article 29 -FEDERATION Rights and Privileges ....................................................42
Article 30 -Work Assignments ...................................................................................44
Article 31 -Off Duty Employment ..............................................................................45
Article 32 -Political Activity and Voting ...................................................................46
Article 33 -Education and Training ...........................................................................47
Article 34 -Pension Plan ..............................................................................................48
Article 35 -Wages ........................................................................................................49
Article 36 -Miscellaneous ............................................................................................51
Article 37 -Call-Back/Emergency Compensation .....................................................52
Article 38 -Certification Pay .......................................................................................53
Article 39 -Term of Agreement ..................................................................................54
Signature Page ...............................................................................................................55
Appendix A ....................................................................................................................57
Appendix B ....................................................................................................................58
Grievance Form ..................................................................................61
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ARTICLE 1 -PREAMBLE
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This Agreement is entered into by the VILLAGE OF NORTH PALM BEACH, State of Florida,
hereinafter referred to as the "VILLAGE", and the FEDERATION OF PUBLIC EMPLOYEES,
A DIVISION OF THE NATIONAL FEDERATION OF PUBLIC AND PRIVATE
EMPLOYEES, AFL-CIO, -hereinafter referred to as "FEDERATION", for the purpose of
promoting harmonious relations between the VILLAGE and the FEDERATION, 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 wages, benefits, and other conditions of
employment as provided by law.
All reference to Village means the Village of North Palm Beach
All reference to Village Manager means the Village Manager or his designee.
All reference to day means calendar day.
A11 reference to member(s) means dues paying bargaining unit member(s)
All reference to employee(s) means bargaining unit member(s) regardless of dues paying status.
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ARTICLE 2 -RECOGNITION
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Section I:
The VILLAGE hereby recognizes the FEDERATION as the exclusive bargaining
representative for all regular full-time paid Employees in the unit certified by the Public
Employees Relations Commission Number 1537, case number EL-2004-067, dated February 4,
2005.
Section 2. FEDERATION 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.
Section 3. FPE recognizes the Village Manager as the Chief Executive Officer of the Village
responsible for administration of the Village and the employee workforce.
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ARTICLE 3 -NON-DISCRIMINATION
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Section 1. The VILLAGE and the FEDERATION agree that all articles of this Agreement
shall be applied to all employees covered by it and that the VILLAGE and the FEDERATION
affirm their joint opposition to any discriminatory practice in connection with employment,
promotion, or training, remembering that the public law and public interest require no
discrimination on account of race, color, creed,. disability, national origin, age, sex, or religion.
Employees have an affirmative duty to report conduct that has the appearance of being
discriminatory.
Section 2. Employees shall have the right to join the FEDERATION, to engage in lawful
union activities for the purpose of collective bargaining, to express and communicate any view,
grievance, complaint or opinion, within the bounds of good taste, relative to conditions or
compensation of public employment or its betterments, all free of any restraint, coercion,
intimidation or reprisal against any covered employee or that person's membership or lack of
membership in the FEDERATION, as long as such activity is done outside of the employee's
work time.
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ARTICLE 4 - IyIANAGEMENT RIGHTS
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Section 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 action against
Employees for just 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
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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, humcane
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 FEDERATION
• accordingly, FEDERATION agrees that it will ask its members to work diligently in order that
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the services performed meet the above standards.
Section 4 FEDERATION does not waive, and retains the right, to request impact bargaining
when appropriate. A request for impact bargaining shall be in writing delivered to the Village
Manager, shall identify_negotiable effects upon employees' terms and conditions of employment,
and shall list the Articles of this Agreement which the FEDERATION requests be opened for
impact bargaining.. Conversely, the Village does not waive any management right provided to it
in Chapter 447, Florida Statutes.
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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
FEDERATION agrees to report to the Employer any unsafe conditions existing in the VILLAGE at
any time during the term of this Agreement and the FEDERATION 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 FEDERATION has any concern regarding workplace safety, the
FEDERATION may request, twice per year, a meeting with the VILLAGE to discuss such concern. A
i meeting shall be-held within a reasonable time of the request.
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ARTICLE 6 -GRIEVANCE PROCUDURE
GRIEVANCE PROCEDURE ARBITRATION
• Section 1. A grievance is defined as, and is limited to, any dispute involving the interpretation or
application of this Agreement. A dispute over disciplinary action is not a grievance, but is
considered an appeal of disciplinary action and 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 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 equate to a denial
and the FPE may, at its discretion, advance the grievance to the next step in the process.
Section 3. In the event an employee covered by this Agreement believes that there is a basis for a
grievance, as that term is defined above, the employee shall first discuss the alleged grievance with
the FPE. If the FPE determines that the issue warrants a formal grievance, the FPE may file a formal
grievance using the grievance form attached as Appendix 1. The form shall be filed with the Village
Manager within twenty (20) days of the act or omission which gives rise to the grievance. The form
may have a provision which allows the FEDERATION, at its option to request a meeting with the
Village Manager or the FEDERATION may request the meeting by other writing. The Village
Manager shall forward a copy of the grievance form to the Department Head. The Village Manager
shall meet with the FEDERATION to discuss the grievance if the FEDERATION has elected to
request a meeting. Within twenty (20) days after the date of receipt of the grievance or of the
meeting with the FEDERATION, if one was requested, the Village Manager will respond to the
FEDERATION in writing.
If the FPE is not satisfied with the response from the Village Manager, the FPE may submit the
• grievance to arbitration filing a request for a seven (7) name arbitration panel to the Federal
Mediation and Conciliation Service. The submission must be made within thirty (30) days of the
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date of the Village Manager's letter to the FPE, as evidenced by actual filing with the Federal
Mediation and Conciliation Service. The parties shall select an arbitrator by each striking three (3)
• names in alternating fashion, until the parties select an arbitrator. The party striking first shall be
determined by the toss of a coin. The selection process shall occur within thirty (30) days of receipt
of the panel list.
Section 4. The time limits contained herein are to be strictly adhered to and may only be extended
by written agreement between the parties. No consent to extension shall be implied by the conduct of
the parties in the absence of a written agreement.
Section 5. 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 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 a grievance as defined in this Article, except to the extent as specifically
provided herein or expressly agreed to by the parties.
Section 6. 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 7. Each party shall bear the expense of its own 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 8. The arbitrator's award shall be final and binding on the parties.
Section 9. The FPE will not be required to process the grievance ofnon-members. Only the FPE can
• advance a grievance to arbitration for one of its members. Members may not advance a grievance to
arbitration on their own.
.Section 10 The parties agree that the settlement of any grievance by the parties prior to a
decision by an arbitrator shall have precedential value unless the parties agree otherwise, in which
• case their settlement shall state.
Section 11. 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) 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 -
FEDERATION of such within ten (10) days of receipt of the FEDERATION'S 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) days of
selection of the arbitrator. The arbitrator shall render the decision on arbitrability within fifteen (15)
days of receipt of the parties' submissions.
Whichever party loses on the issue of arbitrability shall pay the arbitrator's costs involved in that
portion of the proceeding.
Section 12 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.
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ARTICLE 7 -DISCIPLINARY APPEALS
Appeals of disciplinary action shall be handled as follows:
• 1. An employee, who wishes to challen e an disci Tina action shall file a noti
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of appeal to his/her department head. When an employee has received a written counseling, the
employee's appeal is limited to submitting a written rebuttal which shall be attached to the
written counseling documents in the employee's personnel file. The written rebuttal shall be
submitted by the employee within ten (10) days of the employee's receipt of the written
counseling.
2. The FEDERATION may file an appeal of discipline on behalf of its members. Upon
receipt of a notice of appeal for all discipline other than a written counseling, ,the department
head shall have ten (10) days to review the discipline and to advise the FEDERATION that the
discipline is either (i) sustained; (ii) reversed; or (iii) modified. Failure of the department head to
respond within ten (10) days shall constitute a determination that the discipline is sustained.
3. If the FEDERATION 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) days to review the discipline and to advise the FEDERATION that
the discipline is either (i) sustained; (ii) reversed; or (iii) modified. Failure of the VILLAGE
Manager to respond within ten (10) days shall constitute a determination that the discipline is
sustained. The decision of the VILLAGE Manager shall be final unless appealed as hereinafter
set forth.
4. The FEDERATION can appeal the VILLAGE Manager's decision on a suspension of r
sixteen (16) hours or more 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) days of the VILLAGE Manager
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decision. The decision of the arbitrator shall be made within thirty (30) days following the
conc Sion of the hearing or the deadline for closing briefs, whichever is later. The arbitrator
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may sustain, reverse, or modify the discipline, 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) days notice to the
employees.
6. The parties agree that the seven elements of a just cause discipline are:
A. A reasonable rule, order, or a standard of conduct related to the orderly, efficient and
safe operation of Village business. Some standards of conduct, such as the prohibition of
fighting on the job, are so obvious as to not require a written rule.
B. The Village either gave notice that violation of the rule or order would result in
discipline or the conduct which is in violation of the rule or order is so obviously
inappropriate that no warning is necessary. (examples: consuming alcohol on the job or
the need for an employee to perform safety inspections of the equipment they use)
C. An investigation of the alleged violation.
D. The investigation is fair and objective.
E. The investigation uncovers proof or evidence of the violation.
F. The rule or order is equally applied and without discrimination.
G. The degree of penalty is reasonably related to the seriousness of the violation.
7. In every disciplinary appeal the Federation must identify the element of a just cause
discipline which the Federation asserts has not been met and a brief explanation of why the
element has not been satisfied.
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ARTICLE 8 -AMERICANS WITH DISABILITIES ACT
• RESERVED
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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.
The VILLAGE may require an employee who is returning to work following family
medical leave taken for the employee's own serious medical condition to submit to a fitness for
duty evaluation conducted by a VILLAGE appointed. doctor. The evaluation shall he job-related,
limited to the particular health condition that caused the employee's need for leave, and shall be
paid for by the VILLAGE. The VILLAGE shall not delay the return for work (provided the "
employee has already provided his/her own doctor's certification of fitness) while the
VILLAGE'S evaluation is pending.
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.° ARTICLE 10 -DUES DEDUCTION
Section 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 FEDERATION dues deducted from his paycheck. No authorization
shall be allowed for payment of initiation fees, special assessments, fines, penalties or delinquent
dues.
Section 2. FEDERATION will notify the Finance Director as to the amount of dues. This
notice must state the computed formula for each individual member. Such notification will be
certified to the Finance Director in writing over the signature of an authorized office of
FEDERATION at least thirty (30) 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) days
in advance of the effective date of such change.
Section 3. FEDERATION 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 FEDERATION
dues FEDERATION agrees that in case of overpayment, proper adjustment, if any, will be made
by FEDERATION to the affected employee.
Section 4. Dues deductions shall occur in each pay period and shall be remitted to the
FEDERATION monthly, no later than the 15`h day of the month following deduction.
Section S. The payroll deduction shall be revocable by the employee by providing thirty (30)
days written notice to both FEDERATION and the VILLAGE Manager.
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ARTICLE 11 -MILITARY LEAVE'
The FEDERATION 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 full-time
employment shall be entitled to take vacation with pay in accordance with the following accrual
schedule:
0 but less than 7 years
7 but less than 12 years
12 years and over
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Section 2. Reserved
10 days (80 hours)
15 days (120 hours)
20 days (160 hours)
Section 3. All employees shall select, twice yearly, vacations. Initial selection of vacations
will be by seniority within a division. If 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. An employee shall
not lose accrued vacation leave if incapacitated due to an injury or illness incurred in the line of
duty.
Section S. 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.
Section 6. The maximum number of vacation days an employee may accrue is two years
accrued vacation based on the accrual schedule.. Any employee (other than an employee who is
discharged for cause or does not resign in good standing) 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. If any
employee dies and has accrued vacation time, the accrual shall be paid to the employee's estate, ~ - A
or in the event no estate is pending, to the person who would be entitled to the disbursement
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pursuant to statutory rules of intestate succession.
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ARITICLE 13- INSURANCE BENEFITS
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Section 1. The Village will provide health and dental insurance to employees and their
dependants under the Village health and dental program at the same levels of benefit and rates
established by the Village Council for non-bargaining unit employees of the Village.
Section 2. In the event the Village agrees to provide more beneficial coverage or rates to the
unrepresented employees or
any other bargaining unit in the Village, the more beneficial coverage and rates will be provided
to employees covered by this CBA
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AK1it~Lt'; 14 - WOKKERS 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'
compensation 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
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 1. Employees shall lose their seniority as a result of the following:
A. Termination
B. _ Retirement__
C. Voluntary resignation
D. Involuntary layoff exceeding twelve (12) 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.
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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.
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 position.
Probationary Employees shall have no recall rights.
Section 6. Postmarked within five (5) 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 limits previously stated above shall
constitute a voluntary resignation by the Employee.
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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
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.ARTICLE 16 -TOOL REPLACEMENT
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Section 1. Employees who are authorized in writing by their department heads to furnish
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 cost (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 2. Per Section 1 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)
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ARTICLE 17 -SICK LEAVE
i 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 Any employee, except employees who
are discharged for cause or who do not resign in good standing, who voluntarily terminates,
retires , or who dies while employed by the VILLAGE, shall receive a payment equal to fifty
percent (50%) of the unused accrued sick leave days, not to exceed thirty (30) days total.
Section 2. Accrued sick leave may be used when the employee is absent from work due to
any of the following reasons:
1. An employee's injury or illness or medical treatment which precludes him or her from
reporting to duty;
2. Any injury, illness, or medical treatment of an employee's immediate family member
who resides in the employee's home which requires the employee's help to care for him
or her or obtain the necessary medical treatment.
All sick leave shall be charged against the Employees' bank of accrued sick leave.
Section34. An employee who is unable to report to work shall notify the immediate
supervisor no later than thirty (30) minutes after the scheduled reporting time. This
notification procedure shall be followed for each day the employee is unable to report to work
unless prior approval is given. Failure to provide this notification may be cause for
• disciplinary action. The [PILLAGE may require the employee to provide a doctor's note
indicating that the employee is unable to work due to illness.
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Section 4. 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.
Section 5. 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 6. Failure on the part of the Employee to comply with the above requirements shall
result in the denial of sick leave.
Section 7. An employee who does not use sick leave for a continuous period of six (6)
months will earn eight (8) hours of annual leave.
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ARTICLE 18 -LEGAL BENEFITS
The VILLAGE will provide legal defense for employees against civil damage suits where
. the employee is named as a party and the lawsuit seeks damages based upon the alleged
negligence of the employee while acting within the scope of his or her employment. The
VILLAGE will indemnify all employees against any judgments levied against them as a result
of their actions when said actions are within the scope of their employment.
•
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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 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 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 Appendix A 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. No search or test shall be ordered without the approval of a department head.
Section S. No such search or test shall begin until the member has been offered the right to
have a FEDERATION representative present and to confer in private with that representative.
The presence of representation does not negate and shall not delay for more than one hour
theVILLAGE's right to search or test. If a representative is not available within one hour, the
VILLAGE shall arrange for the presence of a law enforcement officer who shall act as an
additional witness
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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.
Employees are subject to drug testing if they are injured on the job, or involved in an accident
while on duty and operating a vehicle or motorized equipment.
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 tzrider the influence or in
possession of alcohol or illegal drugs shall result in termination of employment. Submission to
tests does not constitute a waiver of the employees right to challenge both the order and the
result of the test. The rule "obey first, grieve later" is applicable.
Section 8. Reserved
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 all fomis of accrued paid leave, including sick leave, should he/she so choose.
Section 10. Refusal of the employee to 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.
Section 11. All drug testing performed by the VILLAGE shall be in conformity with the
testing procedures outlined in Florida's Workers' Compensation statutes and corresponding
Administrative Code regulations..
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ARTICLE 20 -HOLIDAYS
Section 1. The following shall be considered paid holidays for regular, full-time Employees
• covered by this Agreement:
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
11. Christmas Day
Section 2. Employees required to work on any of the above listed holidays shall be
compensated at a premium rate of two and one-half (2 ''/z) times their regular base pay for the
actual hours worked.
Section 3. Employees must be in paid status the day before and day after the holiday in order
to be paid for the holiday.
Section 4. Employees can earn additional days of annual leave for not using sick time. See sick
leave Article 17, Sec 7.
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•
•
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 2. "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 (1) day will be granted by the Department Head.
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ARTICLE 22 -HOURS OF WORK AND OVERTIME
•
•
Section 1. It is agreed by both parties that a seven (7) day 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 %) times the basic pay will be paid for all hours worked over forty (40) hours in
any work week. Only hours actually worked, vacation hours and holiday hours count as hours
worked for overtime purposes, -- - -
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. Reserved
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 shifts where an Employee's eight hour day is split between
morning hours and evening hours wherein the Employee maybe 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.
34
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Section 6. During declarations of emergencies, employees will be afforded an off-duty
• rotation in the event they may be 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.
•
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ARTICLE 23 -PREVAILING RIGHTS
No past practice which is monetary in nature, except those expressly set forth in this
•
•
Agreement, shall survive the ratification of this Agreement.
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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."
37
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ARTICLE 25 - NO STRIILE
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 FEDERATION 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 violates
this Article or participates in its violation shall be subject to immediate discharge. Allowing
Employees to work or return to work shall be considered condonation of their activity in violation
of this Article. The VILLAGE agrees that it will not lock out or cause any employee to be locked
out during the term of this agreement.
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.
1
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ARTICLE 26 -CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES
The VILLAGE and FEDERATION 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 removed 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.
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ARTICLE 27 -PRODUCTIVITY
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FEDERATION 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,
FEDERATION pledges that it will actively 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.
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ARTICLE 28 -PROBATION
All new bargaining unit Employees will be subject to a 180 day probationary
• period... The VILLAGE may extend the probationary period up to an additional ninety (90) days,
following consultation with and consent by the FEDERATION, 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. A probationary employee may be released from work
without a statement of cause and the release is not subject-to grievance or appeal.
Employees promoted within the bargaining unit shall serve a 90 day probationary period
during which time they maybe returned to their former or other available position, but the return is
not subject to grievance or appeal.
• ~ I~I~~,
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ARTICLE 29 -FEDERATION RIGHTS AND PRIVILEGES
Section 1. 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 with pay.
Section 2. The Employer agrees to furnish the FEDERATION with a list of the names,
addresses, phone numbers, employee classifications, annual and hourly salary of the Employees
within the bargaining unit as of the date of execution of this Agreement, unless production of the
information is prohibited by law. Should the FEDERATION 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 FEDERATION will be permitted to
communicate official FEDERATION business to members of the FEDERATION 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 FEDERATION 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 FEDERATION
with a current copy of all written personnel regulations. The VILLAGE will forward any
subsequently adopted personnel regulations to the FEDERATION within 14 days of their
adoption.
Section S. Each employee who so chooses may annually contribute up one day of annual
leave to the FEDERATION time pool. The employee shall indicate this choice in writing to the
• Finance Director or his designee. The pool time shall be available for FEDERATION
representatives, not to exceed three personnel per year to conduct FEDERATION business, other
than col~ctive bargaining negotiations, such as conferences and steward training, provided that:
,, ~ ~~ ~ 42
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(1) A written request for the use of FEDERATION pool time is submitted to the
Department Head or his authorized representative at least seven (7) days in advance of
the requested time off.
(2) Sufficient manpower is available in the regular shift to maintain efficiency of
operations during the absence of the FEDERATION officers and/or agents as
determined by the Department Head or his designated representative.
FEDERATION 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 FEDERATION bulletin boards to be located in
mutually agreed upon locations to be used solely by the FEDERATION 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 FEDERATION recreational and social affairs.
B. Notices of FEDERATION elections, appointments, and results of FEDERATION
elections.
C. Notices of FEDERATION meetings and educational classes.
D. Notices of official FEDERATION business; and
E. Any material deemed informative to the general membership
The bulletin boards shall not be used by the FEDERATION or its members to distribute political
pamphlets or any other type of political matter, or for advertising. The FEDERATION 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 "FEDERATION Notices." A copy of all
FEDERATION notices that are to be put on said bulletin board shall be forwarded to the
VILLAGE Manager's office.
•
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ARTICLE 30 -WORK ASSIGNMENTS
Section 1. 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.
Section 2. It is specifically recognized as reflected in the unit position job descriptions 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 temporarily assign tasks
not common to-a particular job description - ---
Section 3reserved
Section 4. In the event an Employee is directed to temporarily work in a higher pay grade,
that Employee shall be paid five percent (5%) above the individual's present base rate for the
period of time worked.
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ARTICLE 31 -OFF-DUTY EMPLOYMENT
Section 1. An employee may engage in off-duty employment to the 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 2. 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 involve use of VILLAGE
equipment, property, or supp-lies; 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.
•
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ARTICLE 32 -POLITICAL ACTIVITY AND VOTING
Section 1. Neither the FEDERATION 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
VILLAGE property, or in such a manner as would interfere-with-the Employee's duties during- the
Employee's official hours of work. Employees shall not engage in political lobbying while in
VILLAGE uniforms or when wearing VILLAGE insignia. Such activities shall not be conducted
in violation of State conflict of interest statutes.
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ARTICLE 33 -EDUCATION AND TRAINING
Section 1. Reserved
• Section 2. Employees required to attend job-related training for any reason outside their
normal working hours shall be compensated at premium rate of one and one-half (1 %) times their
regular hourly salary. However, seminars and conventions are not included with the meaning of
the term "training".
Section 3. Reserved -- - --
Section 4. Tuition Refund Program: See Miscellaneous Benefits
• ~ ~~167
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ARTICLE 34 -PENSION PLAN
Section I. The FEDERATION and the VILLAGE agree to modification of pension benefits
as set forth in the proposed ordinance modifying the plan, a copy of which is attached as
Appendix "B"" to this Agreements. The FEDERATION consents to the substance of the
proposed Ordinance and acknowledges that the modifications will apply to FEDERATION
employees. The modifications in the. Ordinance will take_effect-in-the-same. manner- they take-
, effect for un-represented employees, with a planned implementation date on or before September
30, 2005. The ordinance is in draft form and will be amended to reflect the agreement of the
VILLAGE and the FEDERATION that FEDERATION employees are covered by the
amendment.
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ARTICLE 35 -WAGES
Section 1.
• Effective October 1, 2005 each employee subject to the pay range maximum limitations
provided below, shall receive a cost of living adjustment to the employee's base wage of 3.5%
unless the Village Council approves a 3.7% COLA adjust at the second public hearing on the
2005-2006 fiscal year budget, in which case the employee will receive the 3.7% adjustment.
Effective October 1, 2005, -each employee will receive a base wage adjustment in an amount
equal to the performance increase earned by the employee on the employee's last evaluation plus
the 2.1 % COLA provided in the last fiscal year. To be eligible for the performance based portion
of the increase adjustment the employee must have been continuously employed by the
VILLAGE since October 1, 2004.
For fiscal year 2005-2006, each employee is eligible for a performance based wage increase
effective the employee's anniversary date. The percentage increase shall be in a range of 0-4
percent based on the employee's annual performance rating. In addition to the adjustment of the
employee's base wage, the employee will receive a lump sum payment for the period of time
between 10/1/OS and the employee's anniversary date calculated by multiplying the employee's
10/1/OS base wage (following adjustment as set forth in paragraph 1 above) times the employee's
performance adjustment (0-4 percent) divided by 365 times the number of days between 10/1/OS
and the anniversary date.
Example for an employee with an anniversary date of March 15`h, abase wage on
10/1/OS of $40,000.00, and a performance increase of 3%:
•
$40,000 times 3% divided by 365 times 165=$542
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Section 2. Employees will be paid bi-weekly rather than weekly. The VILLAGE plans to
transition to bi-weekly pay no earlier than November 1, 2005. If the transition is not made by the
second pay period in November, the transition will be delayed to January 2006.The
FEDERATION and its members shall be given at least sixty (60) days actual notice of the actual
date of commencement.
Section 3. No employee-shall- receive a base wage increase over the maximum salary (top-out)
established in the VILLAGE pay plan. Increases over pay range maximum shall be paid as lump
sum payments of $900.00 for asuccessful/above average evaluation and $1200.00 for an
evaluation of outstanding/exemlary.
Section 4. The FEDERATION and the Village agree to incorporate by reference the minimum-
maximum salary ranges as adopted from time to time by the Village Council, as those ranges are
modified by the cost of living increases described above..
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ARTICLE 36 -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. The FEDERATION agrees that
•
all employees covered under this agreement shall comply with all Personnel Rules and
Regulations, including--those relating to conduct--and-work-performance. In-the event of a
conflict between the terms of this Agreement and the terms of the Personnel Rules and
Regulations, the terms of this Agreement prevail.
Section 3. The parties agree to an adjustment of miscellaneous benefits/incentives as is set forth
in Section 15 of the comprehensive pay plan document,
Section 4. The VILLAGE will provide a sufficient number, as determined by the VILLAGE,
of uniforms suitable to the employee's job. In addition, the VILLAGE will provide uniform
cleaning service for employees required to wear uniforms. The VILLAGE will reimbuarse
employees for VILLAGE approved safety shoes once per year in an amount not to exceed
$85.00 , or the VILLAGE will establish an annual shoe allowance of $85.00 payable through the
employee's normal VILLAGE payroll process.
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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 a premium rate of time and
one half (1 %) the employees regular rate of pay.. Example: an employee called back for thirty
(30) minutes of work shall be paid for two (2) hours at time and one half. An employee called
back for four (4) hours shall be paid for four (4) hours at time arid-one half. 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.
Section 2. Call back premium pay is excludable from the regular rate of pay for the purpose
of overtime calculation..
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ARTICLE 38 -CERTIFICATION INCENTIVE
See Miscellaneous Benefits.
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ARTICLE 39 -TERM OF AGREEMENT
Section 1. This Agreement shall be effective October 1, 2005 and shall remain in full force
and effect to the 30`" day of September 2006. No base wage increase or cost of living adjustment
shall be paid beyond September 30, 2006 except as provided in a subsequent collective
bargaining agreement.
Section 2. The VILLAGE and the FEDERATION agree to commence bargaining for a
successor agreement on or about March 1, 2006. - - -- -
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SIGNATURE PAGE
•
•
APPROVAL
Pursuant to Florida Statute 447.309, the VILLAGE's Chief Executive Officer and the
FEDERATION'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:
~~i'~~
.Mark Bates ,VILLAGE Manager
Dated: ~ Q
FEDERATION OF PUBLIC EMPLOYEES, A DIVISION OF THE NATIONAL
FEDERATION OF PUBLIC AND PRIVATE EMPLOYEES, AFL-CIO,
BY~~ 1,r.~~~1//~~~~~
Dated: ~ ~ 5
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THE VILLAGE OF
NORTH PALM BEACH
~'
`~.._
MA OR PRESIDENT
VILLAGE CLERK
,~
Date of Ratification by Bargaining Unit: ~'v2~ ~s
5
Date of Ratification by the VILLAGE: ~~~~" ~
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APPENDIX A
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: It is the employee's duty to determine if the use of the above listed medication(s)
will impair the employee
•
APPENDIX B
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APPENDIX B
•~ ORDINANCE NO.
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING VARIOUS SECTIONS OF
DIVISION 3. PENSION AND CERTAIN OTHER BENEFITS FOR
GENERAL EMPLOYEE GROUP PARTICIPANTS OF THE VILLAGE
GENERAL EMPLOYEE PENSION PLAN, OF ARTICLE V, PENSIONS
AND RETIREMENT SYSTEMS, OF CHAPTER 2 OF THE CODE OF
ORDINANCES OF THE VILLAGE; AMENDING SECTION 2-146,
DEFINITIONS, BY CHANGING THE ACTUARIAL PRESENT VALUE OF
LUMP SUM DISTRIBUTIONS; AMENDING SECTION 2-146,
DEFINITIONS, BY ADDING A DEFINITION FOR "ASSUMED RATE OF
RETURN"; AMENDING SECTION 2-158.1, OPTIONAL BENEFIT PLAN
NO. 2, TO PROVIDE THAT THE COST OF LIVING ADJUSTMENT
(COLA) SHALL NOT APPLY TO LUMP SUM CALCULATIONS FOR
EMPLOYEES HIRED BY THE VILLAGE SUBSEQUENT TO THE
EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA.
Section 1. Section 2-146, Definitions, of Division 3, Pension and Certain Other
Benefits for General Employees, of Article V, Pensions and Retirement Systems, of
Chapter 2 of the Code of Ordinances of the Village is hereby amended by amending the
definition for "actuarial equivalence or actuarially equivalent" and to read as follows:
"Section 2-146. Definitions.
Actuarial equivalence or actuarially equivalent means that any
benefit payable under the terms of this plan in a form other than the
normal form of benefit shall have the same actuarial present value on the
date payment commences as the normal form of benefit. For purposes of
establishing the actuarial present value of any form of payment, other than
a lump sum distribution, all future payments shall be discounted for
interest and mortality by using eight (8) percent interest and the 1983
group annuity mortality table for males with ages set ahead five (5) years
in the case of disability retirees. For bargaining unit employee group
• participants the actuarial present value shall be determined on the basis of
the same mortality rates as just described and the pension benefit
/ guaranty corporation's interest rates for terminating single employer plans
~~ which rates are in effect on the October 1 immediately preceding the
~C~~ member's date of termination. In the case of a lump sum distribution for
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General Emplovee group participants, the actuarial present value shall be
a fixed interest rate of 5.25%. "
Section 2. Section 2-146, Definitions, of Division 3, Pension and Certain Other
Benefits for General Employees, of Article V, Pensions and Retirement Systems, of
Chapter 2 of the Code of Ordinances of the Village is hereby amended by adding a
definition for "assumed rate of return" and to read as follows:
"Section 2-146. Definitions.
Assumed rate of return. The assumed rate of return for calculation
of annual pension costs shall be eight (8%) percent fixed."
Section 3. Section 2-158.1, Optional benefit plan No. 2, of Division 3, Pension
and Certain Other Benefits for General Employees, of Article V, Pensions and
Retirement Systems, of Chapter 2 of the Code of Ordinances of the Village is hereby
amended to read as follows:
"Section 2-158.1. Optional benefit plan No. 2.
Cost of living adjustment. The amount of pension benefit will be
increased or decreased in accordance with the changes in the consumer
price index published by the U.S. Bureau of Labor Statistics. Adjustments
of pension payments will be made on October 1 of each year reflecting the
change in the consumer price index over the 12-month period ending April
1 of that year. The maximum increase or decrease in the member's
pension benefit for any one (1) year is three (3) percent. However, the
member's pension benefit can never be reduced below the amount the
member received at date of retirement. Such adjustments shall apply to
each retirement, survivor or disability benefit in pay status as of each
October 1.
This provision is mandatory for all employees hired after the
effective date of this section and such employees shall contribute two (2)
percent of their salary for this benefit. The cost of living adjustment and
contribution of salary as specified in this section shall be optional with all
employees who were hired prior to the effective date of this ordinance.
The cost of living adjustment (COLA) set forth herein shall apply to
all forms of benefits set forth in sections 2-148, 2-149 and 2-158 of the
• Code of Ordinances of the Village. For General Emplovee group
~ members, the cost of living adjustment (COLA) shall not apply to lump
~~~~~ sum calculations for employees hired by the Village subsequent to the
chi effective date of this Ordinance."
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Section 4. If any section, paragraph, sentence, clause, phrase or word of this
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Ordinance is for any reason held by a Court`"to, be~unconstitutional inoperative or void,
such holding shall not affect the remainder of this Ordinance.
Section 5. All Ordinances or parts of Ordinances in conflict herewith are
hereby repealed.
Section 6. This Ordinance shall take effect immediately upon passage.
PLACED ON FIRST READING THIS DAY OF , 2005.
PLACED ON SECOND, FINAL READING AND PASSED THIS DAY OF
2005.
MAYOR
(VILLAGE SEAL)
ATTEST:
VILLAGE CLERK
\ordinance\Division-3-Amend
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