HomeMy Public PortalAbout2011-28a Providing for ratification of the collective bargaining agreement between VKB and the IUPA, AFL-CIO General EmployeesRESOLUTION NO. 2011-28a
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR
RATIFICATION OF THE COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE VILLAGE OF KEY
BISCAYNE AND THE INTERNATIONAL UNION OF POLICE
ASSOCIATIONS, AFL-CIO, FOR THE BARGAINING UNIT
CONSISTING OF THE VILLAGE'S GENERAL EMPLOYEES;
AUTHORIZING THE VILLAGE MANAGER TO SIGN THE
COLLECTIVE BARGAINING AGREEMENT ON BEHALF
OF THE VILLAGE; AUTHORIZING THE VILLAGE
MANAGER TO TAKE ALL ACTION NECESSARY TO
IMPLEMENT THE COLLECTIVE BARGAINING
AGREEMENT; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Village of Key Biscayne ("Village") desires to ratify the Collective
Bargaining Agreement ("Agreement") between the Village and the International Union of Police
Associations, AFL-CIO (the "Union"), for the bargaining unit consisting of the Village's General
Employees (a copy of the Agreement is attached hereto as Exhibit "A"); and
WHEREAS, the Village Council finds that ratification of the Agreement is in the best
interest of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. The foregoing whereas clauses are true and correct and are incorporated herein
by this reference.
Section 2. Ratification of the Agreement between the Village and the Union, in the form
attached hereto as Exhibit "A," is hereby authorized and approved.
Section 3. The Village Manager is hereby authorized to execute the Agreement on behalf
of the Village.
Section 4. The Village Manager is authorized to take all actions necessary to implement the
Agreement and the purpose of this Resolution.
Section 5. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED THIS 27th day of September, 20
MA • • FRANKLIN H. LAN
ATT
la,/,"
CONCHITA H. ALVAREZ, MMC, VILLAGE CLE
APPROVED AS TO FORM AND LEGAL SUFFICIE
VILLAGE A
2
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
VILLAGE OF KEY BISCAYNE, FLORIDA
AND
INTERNATIONAL UNION OF POLICE
ASSOCIATIONS, AFL-CIO
(GENERAL EMPLOYEES)
OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2012
TABLE OF CONTENTS
Article Pate
ARTICLE 1
RECOGNITION CLAUSE 1
ARTICLE 2
MANAGEMENT RIGHTS 3
ARTICLE 3
NO STRIKES AND LOCKOUTS 5
ARTICLE 4
UNION ACTIVITIES 6
ARTICLE 5
NON-DISCRIMINATION CLAUSE 8
ARTICLE 6
DUES DEDUCTION 9
ARTICLE 7
BULLETIN BOARDS 10
ARTICLE 8
INITIAL PROBATIONARY PERIOD 11
ARTICLE 9
DISCIPLINARY PROCEDURES 12
ARTICLE 10
GRIEVANCE AND ARBITRATION PROCEDURE 13
ARTICLE 11
WORK WEEK AND WORK SHIFT 17
ARTICLE 12
PHYSICAL AND SUBSTANCE ABUSE EXAMINATIONS 19
ARTICLE 13
HEALTH AND LIFE INSURANCE COVERAGE 22
ARTICLE 14
ANNUAL LEAVE 23
ARTICLE 15
HOLIDAYS AND PERSONAL DAYS 24
TABLE OF CONTENTS
Article Page
ARTICLE 16
WAGES 26
ARTICLE 17
LABOR MANAGEMENT CONFERENCE 30
ARTICLE 18
PROFESSIONAL ENHANCEMENT 31
ARTICLE 19
SEVERABILITY AND ZIPPER CLAUSE 33
ARTICLE 20
MAINTENANCE OF STANDARDS 34
ARTICLE 21
BEREAVEMENT LEAVE 35
ARTICLE 22
MISCELLANEOUS PROVISIONS 36
ARTICLE 23
APPOINTMENTS 38
ARTICLE 24
SENIORITY — LAYOFF — RECALL 39
ARTICLE 25
DURATION OF AGREEMENT 41
ARTICLE 1
RECOGNITION CLAUSE
1.1 The Village of Key Biscayne ("Village") hereby recognizes the International
Union of Police Associations, AFL-CIO ("Union") as the sole and exclusive
bargaining agent as to the wages, hours and other terms and conditions of
employment for the following bargaining unit as certified by the State of Florida,
Public Employees Relations Commission ("PERC"), Certification No. 1697:
• Included: All full-time employees in the following positions:
Accreditation Manager
Administrative Assistant to the Fire Chief
Administrative Assistant to the Police Chief
Administrative Assistant to the Public Works Director
Administrative Assistant to the Recreation Director (night shift)
Administrative Assistant / Imaging Technician
Assistant Athletic Coordinator
Athletic Coordinator
Building Inspector
Chief Building Inspector
Chief Electrical Inspector
Chief Mechanical Inspector
Chief Permit Clerk
Code Enforcement / Permit Clerk
Community Service Aide
Executive Assistant / Records Manager to the Police Chief
Front Desk Manager
IT Technician (Police Department)
Maintenance Supervisor
Municipal Utility Worker
Permit Clerk
Plans Reviewer
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Police Dispatcher
Public Works Maintenance Worker
Receptionist / Permit Clerk
Recreation Program Coordinator
Senior Code Enforcement Officer
Senior Services Coordinator
Special Projects Coordinator
• Excluded: All other employees of the Village.
1.2 Any changes in the bargaining unit shall only be made upon proper application to
PERC and/or an appropriate court of competent jurisdiction.
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ARTICLE 2
MANAGEMENT RIGHTS
2.1 The Union recognizes the right of the Village to operate, manage and direct all
affairs of all departments within the Village, except as otherwise expressly
provided elsewhere in this Agreement, including but not limited to the right:
a. To exercise complete and unhampered control to manage, direct, and
totally supervise all employees of the Village;
b. To hire, promote, transfer, schedule, train, assign and retain employees
in positions with the Village and to establish procedures therefore;
c. To suspend, demote, discharge, or take other disciplinary action for
proper cause against employees in accordance with this Agreement,
the Village's personnel policies, regulations, procedures and
departmental policies;
d. To maintain the efficiency of the operations of the Village;
e. To determine the structure and organization of Village government,
including the right to supervise, subcontract, expand, consolidate or
merge any department, and to alter, combine, eliminate, or reduce any
division thereof;
f. To determine the number of all employees who shall be employed by
the Village, the job description, activities, assignments and the number
of hours and shifts to be worked per week;
g. To determine the number, types, and grades of positions or employees
assigned to an organizational unit, department or project and the right
to alter, combine, reduce, expand or cease any position;
h. To set its own standards for services to be offered to the public;
i. To determine the location, methods, means and personnel by which
operations are to be conducted;
j. To determine what uniforms the employees are required to wear while
on duty;
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k. To set procedures and standards to evaluate Village employees' job
performance;
1. To establish, change, or modify duties, tasks, responsibilities, or
requirements within job descriptions;
m. To determine internal security practices;
n. To introduce new or improved services, maintenance procedures,
materials, facilities and equipment, and to have complete authority to
exercise those rights and powers incidental thereto, including the right to
make unilateral changes when necessary;
o. To control the use of equipment and property of the Village; and
p. To formulate and implement department policy, procedures rules and
regulations.
2.2 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 the Village, may be required to perform duties not
within their job description, but within the realm of related duties.
2.3 Any right, privilege or function of the Village not specifically released or
modified by the Village in this Agreement, shall remain with the Village.
2.4 Nothing in this Article shall be interpreted as a waiver of the right to bargain
about changes in mandatory subjects of bargaining or the impact of changes in
non -mandatory subjects of bargaining.
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ARTICLE 3
NO STRIKES AND LOCKOUTS
3.1 The Union agrees that they will not engage in a "Strike" against the Village as
defined in Section 447.203(6), Florida Statutes. "Strike" means the concerted
failure of employees to report for duty; the concerted absence of employees from
their positions; the concerted stoppage of work by employees; the concerted
submission of resignations by employees; the concerted abstinence in whole or in
part by any group of employees from the full and faithful performance of the
duties of employment with the Village for the purpose of inducing, influencing,
condoning, or coercing a change in the terms and conditions of employment or the
rights, privileges, or obligations of public employment, or participating in a
deliberate and concerted course of conduct which adversely affects the services of
the Village; the concerted failure of employees to report for work after the
expiration of a collective bargaining agreement; and picketing in furtherance of a
work stoppage. The term "Strike" shall also mean any overt preparation,
including, but not limited to, the establishment of strike funds with regard to the
above -listed activities.
3.2 No employee or union may participate in a strike against the Village by
instigating or supporting, in any manner, a Strike. Any violations of this Article
shall subject the violator to the penalties provided in Chapter 447, Florida
Statutes. The Village agrees that it will not "lockout" the employees from the
workplace. Any violations of this Article will allow either party to seek
injunctive relief from the appropriate court.
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ARTICLE 4
UNION ACTIVITIES
4.1 The Union shall submit in writing the names of its Officers or Stewards who are
authorized to speak on behalf of the Union and/or represent Bargaining Unit
employees. The Village agrees to recognize the Union President. The President
shall be authorized to represent Bargaining Unit employees through the first step
of the grievance procedure. The President shall be authorized to represent
Bargaining Unit employees in subsequent steps of the grievance procedure.
However, at the Union's discretion, its attorney and/or Union business agent may
be used at the other steps of the grievance procedure. The Village shall notify the
Union of any grievance hearings and acknowledges the Union's right to attend
grievance hearings filed by individual bargaining unit members.
4.2 No one shall be permitted to function as a Union Representative until the Union
has presented the Village with written certification of that person's selection.
4.3 Bargaining Unit employees may elect a local Union President, Vice President and
Secretary -Treasurer to act as their representatives during the life of this
Agreement. The Union shall provide the Village with the name(s) of said local
officers.
4.4 Upon prior notification and approval by the Department Director, the President
and Vice President will be released from duty with pay, for a maximum of two (2)
hours per pay period or for such additional period of time as the Village
specifically approves, to investigate, process and attend grievance hearings or
other employer -employee proceedings; however, such release from duty shall not
interfere with the Union representative's assigned duties.
4.5 Union representatives and employees shall be allowed to communicate official
Union business, in non -work spaces during an employee's non -work hours, to
members to the extent that duty responsibilities are not disrupted or interfered
with.
4.6 Access to Village property and use of Village paid time, facilities, equipment and
other resources by the Union shall be authorized only to the extent provided in
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this Agreement and shall not interfere with the efficiency, safety and/or security
of the Village's operations.
4.7 The Village shall e-mail a copy of this Agreement to each Bargaining Unit
employee within fifteen (15) days after the execution of this Agreement.
4.8 Up to three (3) members of the Union's negotiating team may participate in
collective bargaining negotiations during their regularly scheduled hours of duty
without loss of pay, provided that such employees are otherwise ready, willing
and able to perform and fulfill their respective job duties. If any of the Union's
negotiating team participates in collective bargaining negotiations while off -duty,
they will do so without compensation.
4.9 Union Time Pool Bank:
4.9.1 The Union is hereby authorized to establish a time pool bank ("Union
Bank") utilizing voluntary time contributions (i.e., accrued annual leave)
from its members subject to the provisions of this Article.
4.9.2 An employee requesting to donate his/her accrued annual leave hours must
complete an application and submit it to his/her Department Director. All
donations to the Union Bank will be in 1 hour increments.
4.9.3 All accrued time donations to the Union Bank shall be converted to a
dollar value based upon the donating employee's regular hourly base rate
of pay in effect on the day that he or she files the donation application
with his/her Department Director. The receiving employee shall be paid at
his or her regular hourly base rate of pay for all Union Bank time used.
4.9.4 An employee wishing to use time from the Union Bank to conduct union
business must submit such request, signed by the Union President, to
his/her Department Director three (3) days or as soon as practicable prior
to the day that the employee is requesting to use time from the Union
Bank. Such request shall not be unreasonably denied; however, if because
of the needs of the Department, an employee cannot be released at the
time desired, the Union may request an alternate bargaining unit member
be released from duty during the desired time.
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ARTICLE 5
NON-DISCRIMINATION CLAUSE
5.1 It is the policy of the Village that all employees have the right to work in an
environment free of discrimination and any form of harassment based on race,
sex, color, religion, ancestry, pregnancy, national origin, age, disability, marital
status, familial status, sexual orientation, union activity, union affiliation, or union
membership.
5.2 All references in this Agreement to employees are gender neutral.
5.3 An employee aggrieved by a violation of this Article may not use the grievance
and arbitration provisions of this Agreement.
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ARTICLE 6
DUES DEDUCTION
6.1 Effective immediately upon receipt of a written authorization form from an
employee, the Village agrees, at no cost to the employee or the Union, to deduct
regular union dues of such employee from his/her biweekly paycheck and remit
such deductions to the duly elected Treasurer of the Union within ten (10)
working days from the date of the deduction. The Union will notify the Village in
writing prior to any change in the regular union dues structure.
6.2 An employee may, at any time, on forms provided by the Union, revoke his/her
union dues deduction and shall submit such revocation form to the Village with a
copy of such revocation form to the Union. Union dues deductions will only be
stopped by the Village on the first pay period in each calendar month.
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ARTICLE 7
BULLETIN BOARDS
7.1 The Union will be provided with a designated bulletin board for posting Union
material.
7.2 Such bulletin board space is to be used exclusively by the Union for the purpose
of posting Union business and information such as: recreational and social
activities and material related to employee relations matters.
7.3 The Union shall not post any materials which are obscene, defamatory or impair
the operations of the Village.
7.4 For those employees with informational boxes, the Union may distribute Union
literature and Union materials through such boxes by off -duty personnel.
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ARTICLE 8
INITIAL PROBATIONARY PERIOD
8.1 Probation for new hires shall be twelve (12) months in duration from the date of
hire. A newly hired probationary employee may be discharged for any reason
during his/her probationary period. The Village Manager at his sole discretion
and at the request of a Department Director may extend the twelve (12) month
probationary period to a maximum of three (3) additional months.
8.2 The probationary period for newly promoted employees, except for police
dispatchers promoted to police dispatcher supervisors, shall be twelve (12)
months from the date of the promotion. Police dispatchers promoted to police
dispatcher supervisors shall have a promotional probationary period of eighteen
(18) months, with the Chief of Police having the sole discretion to reduce such
probationary period to twelve (12) months. If a newly promoted employee fails
to complete his/her promotional probation, he/she will be placed back into the
previously held position. A newly promoted employee that fails to complete
his/her promotional probationary may not use the grievance procedure set forth in
Article 10 of this Agreement to challenge his/her failure to complete probation.
8.3 Accumulation of sick time will be accrued from the first day of employment and a
non -promotional probationary employee may use these days with the submission
of a valid doctor's certification.
8.4 Annual leave days will be accrued from the first day of employment; however, a
non -promotional probationary employee may not use any accrued annual leave
until he/she has completed a minimum of one (1) year of service. In the event of
an extraordinary circumstance, the Department Director may, at his/her discretion,
allow an employee to take annual leave provided that the employee has
accumulated that amount of accrued annual leave hours.
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ARTICLE 9
DISCIPLINARY PROCEDURES
9.1 Employees will only be disciplined or discharged for proper cause in a
progressive manner, except in cases of gross misconduct which may result in
immediate discharge. In each case a written statement indicating the preferred
charges and the reasons for such action shall be presented to the employee being
disciplined.
9.2 Disciplinary actions taken will be fair and consistent with other such actions taken
by the Village under similar circumstances, utilizing the Village's Employee
Policies and Procedures and any and all other rules and procedures of the Village
and the pertinent Department.
9.3 Only disciplinary actions involving termination of employment, demotions and
unpaid suspensions of more than five (5) days are subject to binding arbitration if the
grievance is not resolved at Step 3 of the grievance procedure contained in Article
10. All other disciplinary actions, including written reprimands, paid suspensions
and unpaid suspensions of five (5) days or less are only grievable through Step 3 of
the grievance procedure contained in Article 10 and are not subject to binding
arbitration.
9.4 All complaints, reprimands, or other records of disciplinary action against each
Bargaining Unit employee shall be signed by the employee as evidence of the
entry of that record into the employee's personnel file. The Bargaining Unit
employee shall be given the opportunity to respond to the entry and such response
shall be made part of the file. Personnel records will be maintained in compliance
with the State of Florida laws.
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ARTICLE 10
GRIEVANCE AND ARBITRATION PROCEDURE
10.1 In a mutual effort to provide harmonious working relations between the parties to
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 any
alleged violation of the specific terms of this Agreement. Grievances relating to
alleged violations of the specific terms of this Agreement shall be processed in the
following manner.
10.2 Formal Grievance Procedure
STEP 1
Whenever an employee has a grievance, he/she should first present it to his/her
direct supervisor within ten (10) calendar days of the event giving rise to the
grievance. In cases where the grievance involves the supervisor, the grievant
shall instead submit the grievance to the Department Director or his/her designee
at Step 2 of the grievance procedure, within the time limit provided for the
submission of the grievance in Step 1. The grievance shall be signed by the
employee and shall specify all of the following: (a) the date of the alleged
grievance; (b) the specific Article or Articles and Section or Sections of this
Agreement allegedly violated; (c) the facts pertaining to or giving rise to the
alleged grievance; and (d) the relief requested. The supervisor or Department
Director, if applicable, may informally meet with the employee to address the
grievance. A Union representative shall be present at the meeting upon the
employee's request. The supervisor or Department Director, if applicable, shall
reach a decision and communicate in writing to the employee and the Union
representative within ten (10) calendar days (or such longer period of time as is
mutually agreed upon in writing), from receipt of the grievance.
STEP 2
If the grievance is not resolved at Step 1, or if no written disposition is made within
the Step 1 time limits, the Union shall have the right to appeal the Step 1 decision to
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the Department Director or his/her designee within ten (10) calendar days from the
due date of the Step 1 response. Such an appeal must be accompanied by a copy of
the original written grievance. The Department Director or his/her designee may
conduct a meeting with the grievant and his/her Union representative. The
Department Director or his/her designee shall, within ten (10) calendar days after the
presentation of the grievance (or such longer period of time as is mutually agreed
upon in writing), render his/her decision on the grievance in writing to the aggrieved
employee and the Union representative.
STEP 3
If the grievance is not resolved at Step 2, or if no written disposition is made within
the Step 2 time limits, the Union shall have the right to appeal the Step 2 decision to
the Village Manager or his/her designee within ten (10) calendar days from the due
date of the Step 2 response. Such an appeal must be accompanied by a copy of the
original written grievance, together with a signed request form requesting that the
Step 3 decision be reversed or modified. The Village Manager or his/her designee
shall conduct a meeting with the grievant and his Union representative, if needed.
The Village Manager or his/her designee shall, within ten (10) calendar days after
the presentation of the grievance (or such longer period of time as is mutually agreed
upon in writing), render his/her decision on the grievance in writing to the aggrieved
employee and the Union representative.
10.3 If the grievance is not resolved at Step 3, or if no written disposition has been
rendered within the applicable time limits, the Union shall have the right to appeal to
binding arbitration within ten (10) calendar days from the date the Step 3 disposition
is given, or the due date of that decision, if no written decision is made. Disciplinary
actions involving terminations of employment, demotions and unpaid suspensions of
more than five (5) days are the only disciplinary actions subject to binding
arbitration if the grievance is not resolved at Step 3. All other disciplinary actions,
including written reprimands, paid suspensions and unpaid suspensions of five (5)
days or less are only grievable through Step 3 and are not subject to binding
arbitration.
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10.4 A grievance not advanced to the higher step within the time limits provided shall be
deemed permanently withdrawn. Failure on the part of the Village to answer within
the time limits set forth in any Step will entitle the Union to proceed to the next step
applicable. The time periods contained herein may be mutually waived or
extended.
10.5 Where a grievance is general in nature in that it applies to a number of employees
having the same issue to be decided, it shall be presented directly to the
Department Director or his/her designee at Step 2 of the grievance procedure,
within the time limit provided for the submission of the grievance in Step 1 and
signed by the aggrieved employees or the Union representative on their behalf.
10.6 The arbitrator may be any impartial person mutually agreed upon by the parties. In
the event the parties are unable to agree upon said impartial arbitrator within ten (10)
calendar days after the Village or Union request arbitration, the parties shall jointly
request a list of seven (7) names from the Federal Mediation and Conciliation
Service. Within ten (10) calendar days of receipt of the list, the parties shall
alternately strike names, with the Village striking first. The remaining name shall
act as the arbitrator.
10.7 The Village and the Union shall mutually agree, in writing, as to the statement of
the grievance to be arbitrated prior to the arbitration hearing and the arbitrator
shall confine his decision to the particular grievance specified. In the event the
parties fail to agree on the statement of the grievance to be submitted to the
arbitrator, the arbitrator shall confine his consideration and determination to the
written statement of the grievance and the response of the other party. Copies of
any documentation provided to the arbitrator by either party shall be
simultaneously provided to the other party.
10.8 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. The arbitrator
may not issue declaratory or advisory opinions.
10.9 Copies of the arbitrator's decision should be furnished to both parties within thirty
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(30) calendar days of the closing of the arbitration hearing. The arbitrator's
decision will be final and binding on all parties.
10.10 Each party shall bear the expense of its own witnesses and of its own
representatives for the purposes of the arbitration hearing. The parties agree to
equally share the arbitrator's fee and any related expenses including any cost
involved in requesting a panel of arbitrators. The hearing room shall be supplied
and designated by the Village. Any person desiring a transcript of the hearing
shall bear the cost of such transcript, unless both parties mutually agree to share
such cost.
10.11 Unless otherwise agreed to by both parties, grievances under this Agreement shall
be processed separately and individually. Accordingly, only one (1) grievance
shall be submitted to an arbitrator for decision in any given case. Settlement of
grievances prior to the issuance of an arbitration award shall not constitute a
precedent or an admission that the Agreement has been violated.
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ARTICLE 11
WORK WEEK AND WORK SHIFT
11.1 Overtime: Employees non-exempt from the Fair Labor Standards Act ("FLSA")
shall receive overtime pay (time and one-half of their regular rate of pay) or the
equivalent in compensatory time for all hours worked in excess of forty (40) in a
workweek. All hours worked in excess of forty (40) must be approved in
advance by the Department Director unless there are unforeseen circumstances in
which prior approval from the Department Director is not feasible.
11.2 Compensatory Time:
11.2.1 All hours worked in excess of forty (40) in a workweek will be paid at the
rate of time and one-half an employee's regular rate of pay unless the
employee and the Department Director mutually agree in advance and in
writing that the overtime will be banked compensatory time in lieu of
overtime pay.
11.2.2 Compensatory time shall be credited at the rate of one and one-half (1-1/2)
hours of compensatory time for each hour of authorized overtime worked.
11.2.3 Compensatory time may be accumulated up to two hundred and forty
(240) hours. Compensatory time will be paid out upon the bargaining unit
employee's separation from employment at the rate of pay at the time of
separation. However, the Village in its sole discretion may pay out any
and all accrued compensatory time to the employees prior to the end of
each fiscal year at the employees' rate of pay. In case of death, the
employee's beneficiary will receive the full amount of an employee's
compensatory time at the employee's regular rate of pay at the time of
death. For purposes of this article, the employee's beneficiary shall be the
person designated as the beneficiary in the employee's life insurance
provided for by the Village.
11.2.4 Compensatory time off shall be subject to advance approval by the
Department Director. A Village Compensation and Leave Request Form
reflecting the allowance of time off as compensatory time shall be
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provided to the Department Director at the time the bargaining unit
member requests leave.
ARTICLE 12
PHYSICAL AND SUBSTANCE ABUSE EXAMINATIONS
12.1 The Village strives to provide a safe, healthful and productive work environment
for its employees and adopts a zero tolerance for drug and alcohol abuse in the
workplace.
12.2 The Village may require an employee to submit to drug and/or alcohol testing:
(1) during a fitness for duty examination of an employee who is experiencing job
related problems which are of a physical and/or mental nature; (2) after the
occurrence of a preventable accident involving said employee; and (3) based upon
reasonable suspicion.
12.3 The following cutoff concentrations shall be applicable for determining whether
specimens are negative or positive for the following drugs or classes of drugs for
the testing procedure. A positive result shall be a concentration in excess of those
limits below.
Initial Test Level (ng/mL)
Marijuana (Cannabinoids) 50
Cocaine 100
Opiates (Heroin, Morphine, Codeine) 2000
Phencyclicline (PCP) 25
Amphetamines 500
Methaqualone 100
Methadone 300
Propoxyphene 300
Tricyclic Antidepressants 300
Barbiturates 300
Alcohol (Ethanol) 0.02 g%
12.4 Analysis of specimens shall be performed only by laboratories licensed or
certified by the State of Florida, Agency for Health Care Administration (AHCA)
or the Federal Substance Abuse and Mental Health Services Administration
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(SAMHSA), utilizing qualified sites and employing collectors trained to follow
authorized collection protocols and properly maintain legal specimen chain -of -
custody.
12.5 A Certified Medical Review Officer (MRO) shall review all negative and
confirmed positive laboratory reports. Confirmed positive results shall only be
reported to the Village after the MRO has ascertained that personal prescriptions
or other legal substances do not account for the laboratory findings. Investigations
may include, as appropriate, telephone contact with the employee and any
prescribing physicians. Employees may consult the Village appointed MRO
concerning drugs and/or drug groups that may be tested for under this policy.
12.6 All positive initial tests shall be confirmed using gas chromatography/mass
spectrometry (GC/MS) or an equivalent or more accurate scientifically accepted
method. A confirmed positive testing employee will be given a Notice of Positive
Drug Test Result letter containing both, the laboratory and MRO's telephone
numbers as well as pertinent information concerning the drug and/or alcohol test
result challenge/appeal process. Within five (5) working days of receiving
written notice of a confirmed positive test result which has been verified,
employees may submit to the Village and/or MRO explaining or contesting the
test results. If the Village disagrees with the employee's position, it shall respond
within fifteen (15) days from the receipt of a formal challenge of the test results.
If the employee wishes to maintain the challenge, within thirty (30) days from the
receipt of the Village's written response, the employee may appeal to a Court of
competent jurisdiction and/or a Judge of Compensation Claims (if a workplace
injury has occurred). Upon initiating a challenge, it shall also be the employee's
responsibility to notify the testing laboratory which must retain the specimen until
the case is settled.
12.7 All information, including interviews, reports, statements, memoranda, and drug
test results, written or otherwise, received by the Village as a result of a drug -
testing program are confidential and exempt from the provisions of 119.07(1),
Florida Statutes, and shall only be released in accordance with federal, state and
local laws.
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12.8 Nothing in this Article is intended to prohibit the prescribed use of legally
obtained medications which may contain controlled substances within the drugs
and drug groups tested for in this Article. Because of potentially impairing side -
effects which could endanger the employee, coworkers, or the public, upon being
prescribed such medications, all employees have a duty to contact the MRO
before they report to work. The MRO will determine which duties (if any) the
employee may perform while taking the impairing or potentially impairing
medication(s) and will so notify the employee's Department Director or his
designee.
12.9 Employees may contact the Village's MRO to ask questions concerning
prescribed medications they are taking for clarification purposes involving fitness
for duty assessments.
12.10 To discourage the use and/or distribution of illegal drugs and/or alcoholic
beverages in the workplace, upon reasonable suspicion, searches for alcohol,
drugs and/or paraphernalia may be conducted on the Village's property or
worksites of areas accessible to employees, including, but not limited to Village
owned vehicles, equipment boxes, lockers, desks, etc. Discovered illegal items
will be referred to law enforcement for disposition.
12.11 Disciplinary consequences for violating this Article are the immediate discharge
of the employee for proper cause and the potential denial of Unemployment
Compensation as specified per Section 443.101, Florida Statutes. An employee
injured and subsequently confirmed positive for drug and/or alcohol based upon
post -accident testing results shall likewise be terminated from employment and
may lose Workers' Compensation benefits.
12.12 Any decision made or action taken which adversely affects the employee under
this Article is subject to the grievance and arbitration procedure of this
Agreement.
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ARTICLE 13
HEALTH AND LIFE INSURANCE COVERAGE
13.1 Employees will be provided with a $450.00 monthly flexible benefit stipend
beginning on the first day of the first calendar month after such employee has
been employed by the Village for thirty (30) days. Employees may use such
stipend towards the payment of any health and life insurance premiums and/or
other benefits offered by the Village. Insurance premiums are paid by the Village
and charged against the $450.00 monthly stipend. In those cases where premiums
for the benefits selected by the employee exceed the $450.00 monthly stipend, the
balance shall be deducted from the employee's pay. In those cases where the
employee elects not to participate in any benefits offered by the Village or the
benefits that he/she selects cost less than the $450.00 monthly stipend, the
employee shall retain the balance of the monthly stipend.
13.2 If the $450.00 monthly stipend does not fully cover the monthly premium cost for
the employee's individual health insurance during fiscal year 2012 (i.e., October
1, 2011 through September 30, 2012), the Union may request that this Agreement
be re -opened for the sole purpose of negotiating the amount of the monthly
stipend. If the Union chooses to request that this Agreement be re -opened for that
limited purpose, the Union must make its request in writing to the Village within
30 days of the date that the Union is notified of the new health insurance premium
amounts for fiscal year 2012. Should the Union make a timely written request;
the parties agree that they will commence negotiations concerning this issue
within 20 days of the timely request.
13.3 Nothing in this Agreement shall prohibit the Village, at its sole discretion, from
changing medical and/or life insurance carriers, the types of health and/or life
insurance plans offered, the level of benefits offered by the health and/or
insurance plans and/or any other condition relating to medical and/or life
insurance coverage that the Village may consider advisable.
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ARTICLE 14
ANNUAL LEAVE
14.1 Each employee shall accumulate annual leave at the following rate, based on
years of service:
1 to 3 years of service
After 3 years of employment
and up to 7 years
After 7 years of employment
10 days per year
15 days per year
20 days per year
14.2 Annual leave may be used to supplement sick leave due to an employee's
sickness or injury only after sick leave has been fully exhausted.
14.3 Annual leave may be accumulated up to a maximum of 480 hours. Any hours
accumulated in excess of 480 will be paid out within the calendar year in
accordance with Village practices in each Department.
14.4 Upon separation of employment, employees shall be paid out for their accrued
annual leave.
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ARTICLE 15
HOLIDAYS AND PERSONAL DAYS
15.1 The Village recognizes the following (11) official holidays for employees covered
by this Agreement:
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
15.2 Holidays occurring on a Saturday shall be observed on the previous Friday.
Holidays occurring on a Sunday shall be observed the following Monday.
15.3 Employees non-exempt from the FLSA who are required to work on a holiday
will be compensated at time and one-half for all hours worked on the holiday.
15.4 Employees who are scheduled to work on the day observed as a holiday and who
do not report to work will be charged with sick time for that day and will not
receive holiday pay.
15.5 In order to receive pay for an observed holiday, the employee must not have been
absent without leave on the work day before the holiday or absent without leave
on the work day after the holiday. Vacations taken the day before a holiday and
the day after a holiday must be scheduled in advance if the employee is to receive
pay for the holiday. In the event an employee is absent due to sickness the day
before a holiday or the day after a holiday, the employee may be required to
furnish a statement from his/her doctor verifying the illness in order to receive
holiday pay.
15.6 Following the completion of one (1) full year of Village service, an employee will
be entitled to four (4) personal days to provide for transaction of personal
business, religious observances, etc., as set forth below:
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15.6.1 Personal days shall be granted only upon approval and at the discretion of
the Department Director, and must be coordinated to avoid staffing
problems and to ensure a smooth operation.
15.6.2 No payment will be made upon separation from Village service for any
unused personal leave.
15.6.3 Personal days are not cumulative and no carry-over of this leave will be
permitted from year to year.
15.6.4 An employee's personal day shall be equivalent to the employee's regular
daily hours of work.
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ARTICLE 16
WAGES
16.1 Merit Pay Plan
16.1.1 Effective on the date that this Agreement is fully ratified, the Village will
no longer utilize a 10 -step pay plan for bargaining unit members and,
instead, will convert the 10 -step pay plan for each position to a salary
range established for each position. The minimum salary in the salary
range for each respective position shall be the Step 1 salary in the 10 -Step
Pay Plan that was in effect for Fiscal Year 2010 (October 1, 2009 through
September 30, 2010) for that position and the maximum salary in the
salary range for each respective position shall be the Step 10 salary in the
10 -Step Pay Plan that was in effect for Fiscal Year 2010 (October 1, 2009
through September 30, 2010) for that position (the "Salary Ranges").
16.1.2 Effective upon full ratification of this Agreement, bargaining unit
employees may be entitled to a merit increase within their respective
Salary Range as follows:
a. An employee who is within the salary range for his/her
respective position may be eligible to receive a merit increase
on his/her anniversary date of up to 4%. In the event that the
merit increase that an employee is entitled to sets the
employee's salary above the maximum salary for the
employee's position, that employee shall only receive the
percentage merit increase that brings his/her salary to the
maximum salary for his/her position. Merit increases will be
tied to employee performance evaluation scores as follows:
Score Increase
0.0-2.99 0%
3.0-3.49 1%
3.5-3.99 2%
4.0-4.49 3%
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4.50-5.0 4%
The annual performance evaluations shall be completed within
three (3) weeks of an employee's anniversary date. If the
performance evaluations are not timely completed, any pay
increase based on the late performance evaluations will be
applied retroactively.
b. The Union may request that this Agreement be re -opened for
the purpose of engaging in negotiations regarding
modifications to the Merit Pay Plan for Fiscal Year 2012.
16.2 Cost of Living Increase (COLA)
16.2.1 Fiscal Year 2011 (10/1/10 — 9/30/11) — Bargaining unit employees
employed on the date this Agreement is fully ratified by the parties, other
than those employees who did not meet their job requirements on their last
performance evaluation, shall receive a salary increase in an amount equal
to the change in the Consumer Price Index ("CPI"), which amount will be
rounded to the closest tenth of a percentage, retroactive to October 1,
2010. The CPI that will be used is the twelve (12) month change from
April 2009 to April 2010 based on the CPI for All Urban Consumers for
the Miami -Fort Lauderdale Area (all items index) published by the U.S.
Department of Labor Bureau of Labor Statistics. However, if the CPI is
more than three percent (3%), the salary increase will be three percent
(3%) and if the CPI is negative, employees will not receive a salary
increase.
16.2.2 Fiscal Year 2012 (10/1/11 — 9/30/12) -- Bargaining unit employees
employed on October 1, 2011, other than those employees who did not
meet their job requirements on their last performance evaluation, shall
receive a salary increase in an amount equal to the change in the CPI
which amount will be rounded to the closest tenth of a percentage. The
CPI that will be used is the twelve (12) month change from April 2010 to
April 2011 based on the CPI for All Urban Consumers for the Miami -Fort
Lauderdale Area (all items index) published by the U.S. Department of
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Labor Bureau of Labor Statistics. However, if the CPI is more than three
percent (3%), the salary increase will be three percent (3%) and if the CPI
is negative, employees will not receive a salary increase.
16.2.3 All employees shall be eligible for the foregoing COLAs regardless of
whether they have reached the maximum salary for their respective
positions.
16.2.4 The foregoing COLAs shall be applied to an employee's salary and shall
not increase the Salary Ranges of the employee's respective position.
16.3 Longevity Pay
16.3.1 Effective on the date this Agreement is fully ratified, employees shall no
longer receive automatic longevity pay increases of 5% on the completion
of their 15th and 20th years of Village service.
16.3.2 Effective on the date this Agreement is fully ratified, employees shall be
eligible for longevity bonuses as follows:
a. An employee who has reached the maximum salary for his/her
respective position may be entitled to a lump sum merit based
bonus of up to 4% upon the completion of fifteen (15) years of
service and upon the completion of twenty (20) years of
Village service.
b. For an employee to be eligible to receive this lump sum bonus,
he/she must receive the following scores on his/her annual
performance evaluation
Score Bonus
0.0-2.99 0%
3.0-3.49 1%
3.5-3.99 2%
4.0-4.49 3%
4.5-5.0 4%
c. Such lump sum bonus shall not increase an employee's annual
salary. An employee eligible to receive this lump sum bonus
shall receive such bonus within two (2) weeks after the
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completion of his/her annual performance evaluation, which
shall be completed within three (3) weeks of the employee's
anniversary dates. If the performance evaluations are not
timely completed, any bonus based on the late performance
evaluations will be applied retroactively.
16.4 Night Differential for Police Dispatchers -- For all hours worked by a police
dispatcher between 6:00 p.m. and 7:00 a.m., such employee shall receive a three
percent (3%) increase to their base pay for each such hour worked.
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ARTICLE 17
LABOR MANAGEMENT CONFERENCE
17.1 In the interest of effective communication either party may, at any time, request
a Labor -Management Conference. Such request shall be made in writing and be
presented to the other party five (5) calendar days in advance of the requested
meeting date. The written request shall include an agenda of items the party
wishes to discuss and the names of those representatives who will be attending.
A Labor -Management Conference shall be scheduled within ten (10) calendar
days of the date requested.
17.2 The purpose of such meeting shall be limited to:
17.2.1 Discuss the administration of the Agreement;
17.2.2 Notify the Union of changes made by the Village which affect Bargaining
Unit employees;
17.2.3 Discuss grievances which have not been processed beyond the final step
of the Grievance Procedure when such discussions are mutually agreed to
by the parties;
17.2.4 Disseminate general information of interest to the parties;
17.2.5 Give the Union Representatives the opportunity to share the view of their
members and/or make suggestions on subjects of interest to their
members;
17.2.6 Discuss ways to increase productivity and improve efficiency; and/or
17.2.7 Consider and discuss health and safety matters related to employees.
17.3 Both the Village and the Union agree to abide by all agreements reached and
stated in Letters of Understanding resulting from Labor/Management
Conferences. A Letter of Understanding is defined as an instrument through
which both parties mutually agree to the interpretation of an existing Article in the
current contract. It cannot be used to make additions or deletions to the existing
Agreement. Modifications to the Agreement must be made through an
amendment.
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ARTICLE 18
PROFESSIONAL ENHANCEMENT
18.1 The Village, in its efforts to encourage its bargaining unit members to acquire a
greater knowledge in their field of employment, agrees to bear the cost of tuition and
books for job -related educational courses to better equip its employees for the
performance of the particular job as set forth in this Article.
18.2 Bargaining unit employees are eligible for reimbursement of the cost of tuition and
books based on the Florida State average undergraduate in -state tuition rate for the
courses taken depending on the grade achieved by the employee as outlined below.
Grade A: 100% reimbursement
Grade B: 75% reimbursement
Grade C: 50% reimbursement
Less than C: 0% reimbursement
Withdrawal: 0% reimbursement.
The amounts of reimbursement will be applied to the difference between the cost of
tuition and any financial aid the employee receives from other sources including, but
not limited to, grants, scholarships, veterans' benefits or vouchers. The maximum
amount that an employee shall be reimbursed is $4,000.00 per fiscal year.
18.3 Requests for tuition reimbursement shall be made for each course and the decision
to reimburse the employee shall be made separately as to each course for which
the employee is seeking reimbursement. Every request for tuition reimbursement
shall be submitted along with all supporting documentation prior to enrollment
and shall be subject to the prior approval of the Department Director and Village
Manager. Only courses that are directly related to an employee's job will be
approved for reimbursement. The Department Director and Village Manager, in
their sole discretion, will determine whether the course for which an employee is
seeking reimbursement is directly related to the employee's job. Their decision
shall be final in all respects and shall not be subject to the grievance procedure in
Article 10 of this Agreement.
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18.4 In the event a bargaining unit member voluntarily leaves Village employment or is
terminated from Village employment within one (1) year of his/her completion of
any course of instruction for which the Village has made any payment hereunder,
that employee shall reimburse the Village one hundred percent (100%) of such
reimbursement. In the event that a bargaining unit member voluntarily leaves
Village employment or is terminated more than one (1) year but less than two (2)
years after the completion of any course of instruction for which the Village has
made any payment hereunder, that employee shall reimburse the Village for fifty
percent (50%) of such courses.
18.5 All training, classes, materials, professional licensures and/or certifications
required by the Village, including membership fees, registrations fess and related
expenses, will be fully paid for by the Village.
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ARTICLE 19
SEVERABILITY AND ZIPPER CLAUSE
19.1 Should any provision of this Agreement, or any part thereof, be rendered or
declared invalid by reason of any existing or subsequently enacted state or federal
law, or by any decree of a court of competent jurisdiction, all other articles and
sections of this Agreement shall remain in full force and effect for the duration of
this Agreement. The parties agree to immediately meet and confer concerning
any invalidated provision(s).
19.2 The parties acknowledge 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 agreement arrived at by
the parties after the exercise of that right and opportunity are set forth in this
Agreement. Therefore, the Village and the Union, for the life of this Agreement,
and unless specified in this Agreement, each agree that the other shall not be
obligated to bargain collectively with respect to any subject or matter referred to
or covered by this Agreement and with respect to any subject or matter not
specifically referred to or covered in this Agreement, even though such subject or
matter may not have been within the knowledge and -contemplation of either or
both of the parties at the time they negotiated or signed this Agreement. This
Agreement contains the entire Agreement of the parties on all matters relative to
wages, hours, terms and conditions of employment as well as all other matters,
which were or could have been negotiated prior to the execution of this
Agreement. This Section does not prohibit the parties from entering into
negotiations concerning the terms of a successor Agreement. Nor does this
Section waive the Union's right to bargain over changes in mandatory subjects of
bargaining and the impact of changes in non -mandatory subjects of bargaining.
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ARTICLE 20
MAINTENANCE OF STANDARDS
20.1 All current employment practices and benefit levels currently granted unto the
employees that are not found within this Agreement shall remain in full force and
effect.
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ARTICLE 21
BEREAVEMENT LEAVE
21.1 Employees who experience a death of any of the following family members are
entitled to have up to five (5) days of paid bereavement leave:
Spouse or qualified domestic partner
Children
Parents
Siblings
Grandparents
Grandchildren
21.2 Employees who experience a death of any of the following family members are
entitled to have up to two (2) days of paid bereavement leave:
Mother -in -Law
Father -in -Law
Siblings of the employee's spouse
21.3 Leave to attend a funeral upon the death of someone other than a family member
covered by Sections 21.1 and 21.2 above must be approved by the Department
Director. Absence for such a death is limited to two (2) days and will be charged
to leave, as applicable; otherwise, if such leave is not available, the time off will
be unpaid.
35
ARTICLE 22
MISCELLANEOUS PROVISIONS
22.1 Locker Room Facilities (Police Department Employees Only)
A. The Village agrees to maintain locker room facilities for employees of the
Police Department as appropriate.
B. Said locker room facilities shall consist of, but not limited to, the following.
1. Lockers;
2. Showers.
C. An agent of the Village shall not inspect an employee's locker space without
another employee present as a witness. However, if the Chief of Police
determines that circumstances warrant immediate inspection or opening of an
employee's locker and there are no other employees available to act as
witnesses, the Chief of Police, in his discretion, may authorize that the locker
be opened and/or inspected as needed. The Village shall be financially
responsible for reimbursing an employee for loss or destruction of property by
an agent or employee of the Village during said inspection, excluding the
locking device if the employee was given the opportunity to open said locker.
22.2 General Provisions
Employees shall not be required to use their private vehicles in the performance
of assigned duties. However, when an employee does use his/her vehicle, he/she
shall be compensated at the current mileage rate as contained in the Village Policy
and Procedures.
22.3 Beach Park
Each employee who requests an electronic key to gain access to the Beach Park
shall be provided with one free of charge. However, any replacement keys shall
be provided at the fee charged by the Village to its residents for replacement keys.
22.4 Line of Duty Death
Any employee who is killed while performing his/her official duties or who
subsequently dies within twelve (12) months of an incident from which the
employee suffered injuries that gave rise to his/her death shall, for purposes of
36
calculating payouts of his/her accrued leave to his/her beneficiaries, be provided
with a 5% salary increase.
22.5 Commuting Reimbursement
The Village will provide a causeway toll transponder to all employees at no cost
to the employees.
22.6 Jury Duty
Employees who receive a summons to serve on a jury panel will be paid their full
salary for the time they serve; however, employees must remit their jury fee to the
Village. The employee must provide the summons and notice of jury service to
their Department Director at least five (5) working days prior to the
commencement of jury service. If excused and/or released from such service
prior to the end of the employee's regularly shift, the employee must report for
his/her regular employment unless he has obtained prior approval from the
Department Director that he/she does not have to report to his/her regular
employment.
37
ARTICLE 23
APPOINTMENTS
23.1 The Village shall post all vacancies and/or newly created positions within the
Village to current employees.
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ARTICLE 24
SENIORITY — LAYOFF — RECALL
24.1 Seniority shall be defined as the length of time of employment with the Village.
In the event of a tie, length of time within the Department shall apply.
24.2 In the event that the Village selects a position or positions for layoff or
elimination that is occupied by more than one employee, the employees with the
least seniority will be laid off first.
24.3 An employee selected for layoff shall be allowed to exercise his/her seniority
right to bump or displace an employee in a different position, provided that the
employee: 1) has more seniority than the displaced employee; 2) previously held
that position with the Village; and 3) is qualified to perform the duties of that
position, including, but not limited to, having all certifications and/or licenses
required to perform the duties of the position.
24.4 Recall
24.4.1 Laid -off employees shall retain recall rights for twelve (12) months for
openings into positions that they had when laid -off. A laid -off employee
shall be notified of his/her recall rights by certified mail to the last address
in the employee's records, along with any address on file with the Union.
Within seven (7) calendar days from the certified receipt date, the
employee must notify the Department Director of his/her intention of
returning to work and be able to return to work within ten (10) calendar
days thereafter.
24.4.2 Employees shall be recalled in order of seniority. The Village, at its
discretion, may require a recalled employee to submit to a physical
examination at the Village's expense.
24.4.3 No new employees shall be hired into a position that had lay-offs until all
employees on layoff status who held that position have been notified of
their recall rights.
24.5 Employees shall lose their seniority as a result of the following:
A. Termination/Resignation;
39
B. Retirement;
C. Absence without authorized leave; and/or
D. Being found medically unfit for duty on a permanent basis upon one (1) year
of continuous absence.
40
ARTICLE 25
DURATION OF AGREEMENT
25.1 Except as specifically provided otherwise in this Agreement, this Agreement shall
take effect upon ratification by both parties and shall continue in full force and
effect through September 30, 2012.
Executed on this o?1 tit' day of SeV ,tJbe(, 2011
For the Village of Key Biscayne
Franklin 'aplan
Mayor, Key Biscayne
41
For the International Union of
Police Associations
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