HomeMy Public PortalAbout22-018 - Approving and Ratifying the AFSCME AgreementSponsored by: City Manager
RESOLUTION NO. 22-018
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, APPROVING AND RATIFYING THE COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE CITY OF OPA-LOCKA,
FLORIDA AND AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES (AFSCME) COUNCIL 79, LOCAL 2068,
EFFECTIVE AUGUST 1, 2022 THROUGH JULY 30, 2025; PROVIDNG FOR
INCORPORATION RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Opa-Locka ("City Commission") finds that
ratification of the Collective Bargaining Agreement between the City of Opa-Locka, Florida and the
American Federation of State, County and Municipal Employees (AFSCME) Council 79, Local 2068 is in
the best interest of the City of Opa-Locka; and
WHEREAS, the contract shall be effective from August 1, 2022 through July 30, 2025.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE
CITY OF OPA LOCKA, FLORIDA:
Section 1. Recitals. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission hereby approves and ratifies the collective bargaining
agreement between the City of Opa-Locka, Florida and the American Federation of State, County and
Municipal Employees (AFSCME), Council 79, Local 2068, effective August 1, 2022 through July 30,
2025.
Section 3. This Resolution shall take effect upon adoption by the City Commission and is
subject to final approval by the State of Florida Financial Oversight Board for the City of Opa-locka, FL
to the extent appropriate.
PASSED AND ADOPTED this 28th day of July, 2022.
Veronica WI Hams
1
Mayor
Resolution No. 22-018
ttest:
Jo a Flores
Cif Clerk
Moved by: Commissioner Davis
Seconded by: Vice Mayor Taylor
VOTE: 5-0
Commissioner Bass YES
Commissioner Davis YES
Commissioner Dominguez YES
Vice -Mayor Taylor YES
Mayor Williams YES
Approved as to form and -gal sufficiency:
Burnadette Norris -W
City Attorney
,
2
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE CITY OF OPA-LOCKA
AND
AMERICAN FEDERATION OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES
AFSCME FLORIDA COUNCIL 79
LOCAL 2068
August 1, 2022 to September
July 30, 2008-2025
BOARD OF CITY COMMISSION
Veronica Williams
Mayor
John H. Taylor
Vice Mayor
Sherelean Bass
Commissioner
Chris Davis
Commissioner
Audrey Dominguez
Commissioner
Darvin Williams
Interim City Manager
2
CITY OF OPA-LOCKA
BARGAINING TEAM
Darvin Williams
Interim City Manager
Robert Anathan
Budget Administrator
Kierra Ward
Human Resources Director
3
UNION/EMPLOYEE BARGAINING TEAM
Madelin Gonzalez
Regional Director — AFSCME Florida Council 79
Patricia Pierre
Staff Representative — AFSCME Florida Council 79
John Renaud
President - AFSCME Local 2068
Derrick Troupe
Vice President- AFSCME Local 2068
Diane Darden
Secretary- AFSCME Local 2068
Floralba Wright
Treasurer - AFSCME Local 2068
Tangelar Parker
Trustee - AFSCME Local 2068
4
TABLE OF CONTENTS
Article 1. Preamble 7
Article 2. Recognition 8
Article 3. General Provisions 9
Article 4. Management Rights 11
Article 5. No Strike Provisions 12
Article 6. Sub -Contracting 13
Article 7. Dues Deductions 14
Article 8. Union Stewards 15
Article 9. Bulletin Boards 16
Article 10. Leave of Absence for Union Work 17
Article 11. Seniority 17
Article 12. Layoff, Bumping and Recall 19
Article 13. Grievance Procedure 21
Article 14. Working Conditions 24
Article 15. Lunch Period/Rest Period 27
Article 16. Job Opportunities 28
Article 17. Classification Plan 29
Article 18. Safety and Health 29
Article 19. Personnel Records 31
Article 20. Emergency Meal Allowance 32
Article 21. Training Time 33
Article 22. Clothing and Safety Shoes 33
Article 23. Temporary Assignment 35
Article 24. Tobacco and Drug -Free Workplace 35
Article 25. Holidays 39
Article 26. Discipline/Appeal 40
Article 27. Vacation (Annual Leave) 43
Article 28. Sick Leave 45
Article 29. Leaves 47
Article 30. Maternity Leave 49
Article 31. Comprehensive Health Care 50
Article 32. Injury Pay 50
Article 33. Call Back 51
Article 34. Tuition Payment Plan 51
Article 35. Legal Benefits 52
Article 36. Performance Rating Review 53
Article 37. Saving Clause 55
Article 38. Assignability of Contract 55
Article 39. Night Shift Differential 56
Article 40. Wages 56
Article 41. Grant Employees 57
Article 42. Entire Agreement 57
Article 43. Duration 58
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APPENDIX
A. Position Code & Classification
B. Salary Range Schedule Classification
C. Work Hours
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ARTICLE 1
PREAMBLE
Section 1. Contracted Agreement
This agreement is entered into by and between the City of Opa-locka
hereinafter referred to as the "Employer" or "City" and Florida Council 79
of the American Federation of State, County and Municipal Employees
(AFSCME) hereinafter referred to as the "Union".
Section 2. Objective
The principal objective of the City of Opa-locka is to provide for effective
and a cost-efficient delivery of services to the City and foster a community
climate conducive to promoting public health, safety and welfare.
Section 3. Purpose
It is the purpose of this agreement to provide, where not otherwise
mandated by statute or charter for the salary structure, fringe
benefits and employment conditions of the employees covered by this
agreement; to prevent interruption of work and interference with the
efficient operation of the city; and to provide an orderly, prompt, peaceful,
and equitable procedure for the resolution of differences; and the
promotion of harmonious relations between the City and AFSCME.
Section 4. Certification
It i n Aged that during the negotiations which root iIted in thin
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Agreement, the parties agreed that all permanent, full time and regular
part time employees of the City, indicated in PERC (Public Employees
Relation Committee\ certification 1 1 56 and other recorded document who
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arc included in the collcctive bargaining Unit will be covered by this
executed collcctive bargaining agreement.
Section 5 4. Rights/Obligations
Nothing contained herein will be construed to deny any employees their
rights and/or obligations under federal and state law or a local ordinance.
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ARTICLE 2
RECOGNITION
Section 1. Election
Pursuant to the secret ballot election held on January 8, 1997, and pursuant
to the order of PERC RC -96-038 dated January 24, 1997, the City
recognizes Florida Public Employees Council 79, American Federation of
State, County and Municipal Employees (AFSCME), as the sole and
exclusive bargaining agent of the employees within the bargaining unit
covered by this Agreement for the purpose of collective bargaining in
respect to wages, hours, and other conditions and terms of employment.
Local 2068 is an affiliate of Florida Public Employees Council 79, American
Federation of State, County and Municipal Employees (AFSCME).
Section 2. Certification
The bargaining unit for which this recognition is recorded is as defined in
certification number 1156, granted by the PERC on January 24, 1997 and
other recorded documents, comprised of the permanent full-time and
regular part-time employees of the City.
Section 3. Designation of any Position
Any position created, or any change in title of any position, shall not result
in such position being excluded from the AFSCME unit. In the instance a
position is created and designated by the City or the City Manager to be a
managerial or confidential within the meaning of the Public Employees
Relations Act (PERA), such designation of the position shall be included or
excluded from the AFSCME unit until such time as the designation of the
City or the City Manager is reversed by PERC. If the parties can reach an
agreement, the parties shall not submit the issue to PERC for final
determination as provided in Chapter 447, Florida Statute.
Section 4. Bargaining Unit
The aforementioned bargaining unit as defined in Section 2 above, has
been appropriately certified by the Public Employees Relations Commission
(PERC) and is therefore understood that no modification, addition or
subtraction to said bargaining unit cap occur until all procedural steps
provided by Chapter 447, Florida Statutes and PERC rules have taken
place, and until such as PERC amends the definition of the bargaining unit.
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There has been modification of positions since the formation of the
bargaining unit. The City and the Union agree to review the current positions
and amended lob titles to be included and filed with Florida Public Employee
Relations Commission ("PERC") within thirty (30) days of ratification of this
agreement seeking unit modification.
When a new position is created or there is a modification to a current
position, the employer will provide notice to the Union, engage in bargaining
if demand is made, and will reach agreement on the inclusion or exclusion
of a position in the bargaining unit. No positions will be removed from the
unit or added to the unit unless mutually agreed or until a determination is
made by PERC.
ARTICLE 3
GENERAL PROVISIONS
Section 1. Non-discrimination
A. The City and the Union agree that the provisions of the contract shall be
applied equally to all employees, and there shall be no discrimination as to
age, sex, marital status, race, color, creed, national origin, political affiliation,
handicap, or sexual preference.
B. The City and Union agree not to interfere with the rights of employees to
become members or non-members of the Union. It is agreed that no
employee shall be required as a condition of employment to join or refrain
from joining the Union.
C. There shall be no discrimination by the City or any of its representatives
against any employee whose activity is permissible under law or this contract
and who is performing in an official capacity on behalf of the Union.
Section 2. Proposed Amendments
The City agrees to notify the Union of any proposed amendment or change
in any policy or ordinance that will affect impact in any way the employment,
terms and conditions of the employees in this Unit.
Section 3. Meetings and Labor Management Committee
A. The President of the Union or his/her designee, and the City Manager, or
his/her designee, shall meet and confer on matters of mutual interest and
concern that are outside the provisions of this Contract. Such meetings may
be initiated at the request of either party and are to be arranged at
mutually agreeable times. The purpose of the meeting is to discuss
concerns which may have bearing on employment, terms and
conditions of employment.
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B. There shall be a Labor -Management Committee which shall meet to discuss
matters of mutual concern, including matters relating to labor-management
relations and may make reports and recommendations to the City Manager
and Union President. The Labor -Management Committee shall consist of
two (2) three (3) members designated by the Union and two (2) three (3)
members designated by the City. The committee shall meet quarterly or at
other times by mutual consent. The meetings should not exceed one (1) hour
and employees designated to participate shall attend without loss of pay.
An agenda shall be prepared in advance and forwarded to the City
Manager and Union President.
Section 4. Grievance
A. Refucal by the I Inion4o pronecc a grievance for an employee who is nod a
member of the Union shall not be considered discriminatory.
B. When an employee has the right to process a grievance through either the
procedure provided in this agreement or through the Equal Employment
Opportunity Commission (EEOC) or any state or local Equal Employment
Opportunity Agency, and the employee files a complaint with the EEOC or any
state or local Equal Employment Agency and also initiates a grievance under
the contract grievance procedure; the parties agree to suspend the processing
of the grievance, except for a grievance involving discipline or promotion of an
employee for the period which the complaint is being pursued. However, when
a decision is rendered, or if a decision has not been rendered within one (1)
year after filing the complaint, the employee or Union shall have fifteen (15)
working days from the date the decision is rendered or if not rendered after one
(1) year, to notify the employer that proceedings under the contract grievance
procedure are to be reinstated.
Section 5. Information Request
The City agrees to furnish to the Union at the same time and under the
same conditions as such documents are made available to the general
public and at no charge a copy of the annual financial report and final
adopted budget. Extract of the minutes of any meeting of the City
Commission are to be made through request to the City Clerk's Office.
Section 6. Union Representation at Collective Bargaining
The President and no more than three (3) designated representatives} of the
Union shall have paid days for the purpose of negotiations. Written notice
to be given to the Director of Human Resources of the names of employees
designated to represent the Union in negotiations.
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ARTICLE 4
MANAGEMENT RIGHTS
Section 1. Management - Authority
The provisions of this Agreement are not to be interpreted in any way or
manner, to change, amend, modify, or in any other way to delimit the
exclusive authority of the City and the City Manager for the management of
the City and any part of the City. It is expressly understood and agreed and
agreed that all rights and responsibilities of the City and City Manager, as
established now and through subsequent amendment or revision by
constitutional provision, state and federal statutes, state regulations, and
local ordinances, shall continue to be exercised exclusively by the City and
the City Manager without prior notice or negotiations with the UNION,
except as specifically and explicitly provided for by the stated terms of this
Agreement. Such rights thus reserved exclusively to the City and the City
Manager, by way of limitation, included the following: (1) selection and
promotion of employees; (2) separation, suspension, dismissal, and
termination of employees for just cause; (3) the designation of the
organizational structure of the City and the lines of administrative authority
of the City.
It is and stood nd reed t manag en Cole right
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management rights repose in it, but that such rights must be exercised
consistently with the other provisions of the agreement. The City possesses
the sole right to operate City government and all management rights repose
in it, except as otherwise specifically and expressly provided by this
Agreement. These rights included;, but are not limited to, the following:
a. Discipline or discharge of any employee for just cause;
b. Directing the work force;
c. Hiring, assigning, and transferring employees;
d. Determining the missions of the City agencies;
e. Determining the methods, means and number of personnel needed or
desirable for carrying out the City's missions;
f. Introducing new or improved methods or facilities;
g. Relieving employees because of lack of work;
h. Contracting out for goods or services, and,
i. Such other rights, normally consistent with management's duty and
responsibility for operation of the City's services, provided, however that
the exercise of such rights does not preclude the Union from conferring
about the practical consequences that decision may have on terms and
conditions of employment.
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Section 2. Statutory and Charter Authority
The City Commission and the City Manager have statutory and charter
authority respectively, for effective management.
Except as otherwise limited by an express provision of this Agreement, the
City reserves and retains, whether exercised or not, all the lawful and
customary rights, powers and prerogatives of public management. Such
rights include but are not limited to establishing standards of productivity
and performance of its employees; determining the mission of a City
departments and the methods and means necessary to fulfill that mission,
including the contracting out of or the discontinuation of services, positions,
or programs in whole or in part; the determination of the content of lob
classification; the appointment, promotion, assignment, direction and
transfer of personnel; the suspension, demotion, discharge or any other
appropriate action against its employees because of lack of work or for other
legitimate reasons; the establishment of reasonable work rules; and the
taking of all necessary actions to carry out its mission in emergencies.
ARTICLE 5
NO STRIKE PROVISION
Section 1. Strikes
During the term of this Agreement, neither the Union nor the employees in
the bargaining Unit, for any reason shall authorize, institute, aid, condone
or engage in a slowdown, work stoppage, strike; interfere with the work and
functions or obligations of the City, or engage in any other activities which
are prohibited in Section 447.203(6), Florida Statutes.
Section 2. Work Stoppage
The Union agrees to notify its members of their obligation and responsibility
under this Article and for maintaining compliance with the constitutional and
statutory prohibition against strikes. The Union further agrees to notify
employees of these responsibilities, including their responsibility to remain
at work during any interruption which may be cause or initiated by others.
Section 3. Violation of Article
In the event the appropriate administrative and/or court proceedings
determine that a violation of this Article has resulted, as per Florida Statutes,
Section 447.507, the employer may immediately seek action from the
Florida Public Employees Relations Commission (PERC).
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ARTICLE 6
SUB -CONTRACTING
Section 1. Contractors/Sub-Contractors
The City shall retain all rights to determine whether and/or to what extent any
work shall be performed by employees' contractors or sub -contractors.
Section 2. Contracting
When the City determines that it is in its best interest to enter into a contract
with an outside supplier or service agency to perform services presently
being performed by the City of Opa-locka employees, the City agrees that it
will notify Local Union 2068/Council 79 AFSCME, in writing, within a
reasonable time prior to when bids are requested and will, within ten (10)
days thereafter, meet and discuss with representatives of Local 2068/Council
79 what impact the Union alleges may result from the determination.
Section 3. Discussion of Plan
The City agrees to discuss with the Local Union its plan, and to work with the
Local Union on alternatives to contracting out, prior to contracting out of
services. Such discussions, however, shall in no way limit or unreasonably
delay the City's ability to contract out services and, in any case, the decision
of the City whether or not to contract out following said discussions shall be
final and without right to appeal.
Section 4. Available Work
If the City enters into such contract and, as a result thereof, an employee
will be laid off, the City agrees such employee will be entitled to first
consideration by the contractor for any available work.
Section 5. Other Procedures
In the event the employee is not employed by the contractor, the layoff and
recall procedure contained within this Agreement shall apply. In the event an
non -probationary employee with seven (7) tw• 2 or morc yoars of service
chooses to accept a position in another classification in accordance with the
layoff and recall procedure, the employee shall be given two (2) weeks of
training in a new job.
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ARTICLE 7
DUES DEDUCTION
Section 1. Authority for Payroll Deduction
Any employee covered by this agreement may authorize a payroll deduction
for the purpose of paying Union dues. Such authorization becomes effective
only upon receipt by the City of a fully executed dues deduction form when
submitted by from any employee. the Union.
Upon receipt of written authorization from an Employee and submitted by
the Union, the City agrees to deduct from the Employee' s pay the amount
authorized by that employee and for remittance to the Union, for the
PEOPLE program (Public Employees Organized for Political Legislative
Equality) within thirty (30) days from the date of receipt by the City. The
deduction authorized by the Employee must be either bi- weekly (per pay
check) or annual as noted on the form. It is understood that any Employee
may revoke in writing at any time his/ her authorization for union dues or
PEOPLE deduction(s) within thirty (30) day notice to the City by the Union.
Section 2. Dues
The Union will initially notify the City as to the amount of dues. Such
notification to the City shall be in writing from an official of the Union.
Changes in union membership dues will similarly be certified to the City at
least thirty (30) days prior to the effective date of that change.
Section 3. Deduction of Union Dues
The City agrees to deduct the regular union dues from each employee who
is a union member, who requested said deduction, and to remit such
deduction to the Union's business office within seven (7) days of the second
on a monthly basis via electronic transfer or mail to the
following: AFSMCE Florida Council 79, 3064 Highland Oaks Terrace,
Tallahassee, Florida 32301. The effective date for stopping of dues shall
be of the beginning of the pay period thirty (30) days following the date the
form is signed and given to the City.
Section 4. Hold Harmless Clause
The Union will indemnify, defend, and hold harmless against any claims,
suits, orders, or judgments brought or issued against the City as a result of
any action by the City based on payroll deductions under the provisions of
this Article.
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Section 5. Non -Deduction
No deduction shall be made from the pay of any employee for any payroll
period in which the employee's net earnings for that payroll period, after
other deductions, are less than the amount to be deducted.
Section 6. Authorization Forms
The authorization forms required by this Article shall be forwarded to the
Director of Human Resources by the Union.
Section 7. Report of Employees
Upon request, the City agrees to provide to the Local Union on a semi
annual basic, a complete up-to-date electronic excel spreadsheet listing of
all bargaining unit employees covered by this contract, upon request of the
Union. Such listing shall Include the employee's full name, job classification,
work location, home address,. last four (4) numbers of social security
number and membership status as it appears on the records of the City.
ARTICLE 8
UNION STEWARD
Section 1. Designation of Stewards
The Union has the sole right and discretion to designate stewards and chief
shop stewards and specify their respective responsibilities and authority to
act for the Union. The Union agrees to furnish the Human Resources
Department with a complete written list of union representatives including
shop stewards, chief shop stewards, and their assigned grievance district.
The Union further agrees to promptly inform the City through the Director of
Human Resources, of any changes and to keep such lists current at all
times.
Section 2. Recognition of Union Personnel
The City and the Union recognize that union officers and stewards have in
their relationship to their jobs a need for continuity in the assigned work
location. it is agreed therefore, that the City will carefully consider the
reassignment of union officers and stewards, but ultimately shall assign
personnel based on the operating needs of the City.
Section 3. Chief Shop Steward
The chief shop steward shall be permitted to process grievances, as well as
assist other stewards in the processing of grievances in accordance with
grievance procedures and with the prior approval of their supervisor.
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Section 4. Union Business
a. Where it is reasonable and necessary for a Staff Representative of the
Union, other than an employee on the shift, to enter the City's property or
buildings to investigate a grievance, to file a grievance, or to conduct other
union business, such staff representative shall make the City away aware
of their visit through the Department of Human Resources. Non -employee
representative shall be permitted access to City work sites for the purpose
of conferring with the department head or other management personnel and
shall be allowed to conduct union business in non -working areas during an
employee's breaks/lunch. The supervisor will assist in providing a suitable
area/location.
Approvals
b. Union stewards shall receive approval from their immediate supervisors
prior to leaving their work assignments for union activities. The approval of
the supervisor shall not be unreasonably withheld. Notification by the
steward shall not require explanation to the supervisor of the problems
involved other than to identify the area to be visited and the general purpose
of the visit, i.e., Grievance, Investigation, Labor -Management Meetings,
Negotiation Session, etc.
c. The Union agrees that activities by both union stewards and non -
employee representatives shall be carried out in such a fashion as not to
interfere with normal work production.
ARTICLE 9
BULLETIN BOARDS
Section 1. Bulletin Board Space
The City will furnish AFSCME with sufficient bulletin board space at major
job locations City buildings or facilities where bargaining unit members are
assigned, i.e., Police, Parks & Recreation and Public Works Departments.
The space provided shall be approximately 30 X 30 inches, where possible.
If the Union desires additional bulletin boards, it may request permission to
erect its own. A request to erect a bulletin board in conformance with City
standards shall not be unreasonably withheld.
Section 2. Posting of Materials
The Union may post any appropriate material pertaining to union matters
such as appointments, meeting announcements, social and recreational
events, achievements, union election results and information, but excluding
election campaign material, as long as none of these contain anything
profane, obscene or defamatory of any individual or the City, Posting shall
be signed by an authorized representative of the Union or the organizational
origin shall be set forth.
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Section 3. Additional Space
The City will provide space in locations where union literature, which is
consistent with the provisions of Section 2 above, may be placed so that
employees may pick up copies.
ARTICLE 10
LEAVE OF ABSENCE FOR UNION WORK
Section 1. Acceptance of Union Position
An employee who leaves the employ of the City to accept a full-time position
with the Union and who makes application for re-employment within thirty
(30) days of the expiration of that position in the Union, shall be entitled to
reinstatement with accrued continuous service at the same step in the pay
range for that job class and/or a comparable position, provided that the
employee is still able to perform such work and such application is made
within twelve (12) months of the date of taking the position.
Section 2. Health Care Coverage
The City agrees to continue the employee's comprehensive health care
coverage and any of his/her employee's dependent(s) coverage provided
employee pays full cost of all coverage in advance each month to the
Human Resources Department.
Section 3. Union Functions
Leave of absence with pay shall be granted to an employee designated by
Union to attend union functions. The total amount of days granted
cumulatively for all bargaining unit employees under this provision shall not
exceed six (6) working days in any contract year.
ARTICLE 11
SENIORITY
Section 1. Seniority Defined
Seniority as used herein is defined as the right accruing to employees
through length of service which entitles them to certain considerations as
provided for in this aAgreement.
Seniority standing shall be based on an employee's continuous full-time
(pro -rated for part-time) employment in a permanent position with the city,
or within a job classification.
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section 2. City Seniority — Defined
Continuous permanent regular, full-time service with the City of Opa-locka,
(pro -rated from part-time employees) dating from the employee's most
recent date of such employment.
Section 3. Classification Seniority -Defined
Continuous full-time service in said classification (pro -rated for part-time
employees) within a division or department dating from the employee's most
recent date of employment in that classification. Service in any temporary
assignment outside such classification shall be included as such full-time
service.
Section 4. Loss of Seniority
An employee's seniority and employment shall terminate when an
employee:
a. Voluntarily resigns
b. Retires
c. Is discharged
d. Fails to return from an authorized leave of absence provided the
employer has sent a certified letter (to last known address) recalling
the employee to work, and the employee had not returned seven (7)
five (5) working days following proof of receipt of letter.
e. Fails to respond within ccven (7) five (5) working days after the date
of service of certified letter recalling the employee to work.
Section 5. Comparative Status
Whenever seniority is used for determining comparative status between two
(2) or more employees and a tie exists, classification seniority shall apply,
if a conflict, then City seniority shall decide. If a tie still exists, the status
shall be determined by "Lot". (Lot - an object used in making a determination
or choice at random).
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ARTICLE 12
LAYOFF, BUMPING AND RECALL
Section 1. Layoff
A. The City shall lay off employees in the following order:
(1) Emergencyor temporary appointees.
(2) Provisional and Probationary employees. (Provisional - a person
hired temporarily for a job typically before having taken a
qualifying examination).
(3) Non-resident permanent employees hired after July 5, 1995 2020
(4) Resident, permanent employees and *non-resident permanent
employees employed with the City on or before July 5, 1995 2020
Layoff is the separation of an employee for lack of work or funds, without
fault or delinquency on the employee's part.
The cmployer City shall determine when a layoff is necessary, which
positions will be eliminated, and the number of employees by job
classification who must be removed. When the City determines that a layoff
is necessary within any department, the City Manager shall determine which
positions in the department are to be eliminated and the employees within
the department will be laid off by classification in inverse order of seniority
as designated below. (Inverse - reversed in order).
Employer City will shall remove the necessary number of employees from
the affected job classification, first in reverse order of job classification
seniority within the Department; and second, in reverse order of City-wide
seniority within the job classification. When employees have the same City-
wide seniority, the employee with the least seniority position City service (all
jobs) shall be removed.
status.
The employer shall give an employee who is to be laid off as much advance notice as is
reasonably possible, but no less than fourteen (14) working days. The Union shall be
provided with a copy of such notices at the time such notices are provided to employees
of pending layoff.
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An employee may elect to continue enrollment in the current Comprehcnsivc H alth Caro
Program Consolidated Omnibus Budget Reconciliation Act provided the employee pays
the entire monthly premium in advance without the contribution by the City of Opa-locka
for up to two (2) years eighteen (18) months (unless eligible for an extension under law)
following date of layoff. The employee who fails to pay in a timely manner will be
eliminated for from the mprehenciye H alth Care Program Consolidated Omnibus
Budget Reconciliation Act.
Section 2. Layoff/Bumping
A. The employee removed from his/her job code by the procedure
described in paragraph D, section 1, above shall have the right to bump
an employee with less departmental seniority assigned to the same job
classification.
B. An employee bumped from his/her position may exercise the procedure
described in paragraph 1 above to bump an employee with less City-
wide seniority assigned to the same job classification. An employee
who does not have sufficient seniority to retain a job within his/her job
classification shall, qualifications and experience permitting, may be
placed in a vacancy in another job classification, provided he/she
has previously satisfactorily performed such job for the City. If there is
no vacancy, the employee may be placed, at the employer's option,
in a vacancy in another Ma -family similar position and trained so as to
be -able -to satisfactorily perform the duties. Employee must be qualified
for the position based on the respective job description or be able to
qualify by the end of the training period.
C. An employee who lacks sufficient job classification seniority to retain a
job within the job classification and who cannot be placed in a job under
paragraph C above will be laid off.
Section 3. Recall
A. Recall is the calling back of an employee who was laid off.
B. An individual will remain on the recall list for twelve (12) months from
that effective date of layoff, unless removed earlier under the
provisions of paragraph C below. An individual on the recall list is
responsible for keeping the Department of Human Resources
informed of his/her current telephone number and address.
a. Job vacancies shall first be filled from the appropriate recall list.
The Department of Human Resources will attempt to notify the
individual to be recalled, first by telephone and then by certified
mail (return receipt requested). In the event the individual cannot
be contacted, despite reasonable effort, the individual next on the
appropriate recall list will be contacted, and so on. Failure to
contact an individual will not result in loss of position on the
recall list; but failure to accept a position within seventy-two
(72) hours or receipt of such offer shall result in the individual
being moved to the bottom of the appropriate recall list. If the
individual twice fails -to accept positions offered or fails to report
to work within ten (10) working days of accepting the job or is
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found to be no longer qualified for the job, or has moved, leaving
no forwarding address, he/she will be removed from the recall list.
C. The seniority of an employee on layoff shall be frozen as of the date of
layoff and shall begin again on the date the employee returns to work.
His rights shall exist for one (1) year from the date of layoff.
D. Any sick leave forfeited at the time of layoff shall be restored at the
time of recall, if and only if, recall is within one (1) year.
ARTICLE 13
GRIEVANCE PROCEDURE
Section 1. Purpose
The fair and amicable resolution of disputes and differences is paramount
to productive labor management relations. In spite of the party's best
efforts, complaints and grievances sometimes arise. Where such
grievances concern matters of application and interpretation of the terms
and conditions of employment as defined in this agreement, the desire of
the parties is that grievances are settled in prompt, orderly, and an
equitable manner. Every effort will be made by the employer, employees,
and the Union to resolve grievances at the lowest level of supervision.
Employees are entitled to use the Grievance Procedure and be
represented by the Union upon request and in accordance with these
provisions. An employee will not be coerced, intimidated, or suffer reprisal
as a result of seeking to resolve a grievance. The parties may, by mutual
consent, move a grievance to any step of the Grievance Procedure,
including arbitration. Employees designating their representatives as being
other than union representatives and wishing to utilize the grievance
procedure may do so at their own cost.
Section 2. Definitions
Grievances -a formal allegation by an employee or the bargaining agent
that there has been a violation, misinterpretation, misapplication of the
provisions of this collective bargaining agreement.
Grievant - employee or Union alleging violation, misrepresentation, or
misapplication of provisions of the collective bargaining agreement.
Days - specified number of working days, unless otherwise stipulated.
Department Head - that employee with overall administrative, budgetary,
and operational responsibility for a major city function.
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Section 3. Procedure
Step I. The aggrieved employee will discuss the grievance or dispute with the
immediate supervisor within seven (7) days of the decision, occurrence,
action, or knowledge giving rise to the grievance. The employee shall have
the right at this step to have union representative or, employee
representative or legal representative representation.
Step II. If the grievance is not satisfactorily resolved after discussion with the
immediate supervisor, the employee shall, within seven (7) working days of
the immediate supervisor's response submit the grievance in writing to the
appropriate Department Head. The Department Head will meet with the
aggrieved employee and his/her Representative and respond, in writing,
within seven (7) days. The grievance form will provide for a general
description of the facts of the grievance and references to the specific
sections or the contract.
Step III. If the grievance has not been satisfactorily resolved at Step II of the
grievance procedure, the employee may within seven (7) working days of
receipt of the Step II decisions, advance the grievance to Step III. The City
Manager will meet with the aggrieved employee and his/her Representative
and respond in writing, within seven (7) days.
If the employee and/or the Union fails to advance the grievance within the
time limits stipulated above, the grievance will he considered abandoned. If
management fails to respond within the time limits stipulated above, the
grievance will automatically advance to the next step.
The parties acknowledge that, as a principle of interpretation, employee is
obligated to fulfill their job responsibilities as directed, while the grievance
is pending.
All responses to a grievance, Step I, Step II and Step III will be directed to
the employee with a copy to the Union.
It is farther agreed and understood that the aggrieved. employee(s) will he
be granted release time with pay to attend grievance hearings as Step I,
Step II and Step III which are held during the normal workday. Employee
witnesses, who may be required to ensure a full hearing on the merits of the
grievance, will be released with pay. The number of such witnesses will be
subject of mutual agreement. If the formal proceedings extend beyond the
normal workday, the time spent as -such proceedings will not he considered
work time and will not be compensated.
Either party may request an extension not to exceed seven (7) days based
on mutual consent.
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Section 4. Arbitration
In the event the grievance is not satisfactorily resolved at step III of the
Grievance Procedure, the Union may, within fifteen (15) working days of
receipt of the Step III decision submit in written form a request for arbitration
to the Director of Human Resources. Upon receipt of the request for
arbitration, the Director, Department of Human Resources will within fifteen
(15) working days take the necessary steps to obtain the earliest arbitration
date. At the arbitration hearing the aggrieved employee will be accompanied
by his/her representative. Each party shall bear the cost of their expenses.
The decision of the arbitrator will be final and binding. Copies of the award
will be furnished to both parties. Arbitration is the final step of the grievance
procedure.
The parties agree that in discipline cases only those cases involving formal
discipline (i.e., written reprimand, suspension, demotion not during a
probationary period, and discharge) may be moved forward to arbitration.
Section 5.
Selection of an Arbitrator
The arbitrator will be selected, and the proceeding conducted in accordance
with the rules established by the Federal Mediation and Conciliation Service
or the American Arbitration Association Federal Mediation and Conciliation
Service.
Section 6. Scopes of Awards
The arbitrator will confine his decision solely to the Interpretation and
application of this Agreement. The cost of the services will be borne equally
by both parties. Where an employee not represented by the Union brings a
grievance to arbitration, the cost of the services will be borne equally by the
employee and the City.
Section 7. Decision of the Arbitrator
The decision of the Arbitrator will be final and binding and made in
accordance with the jurisdictional authority of this Agreement.
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Section 8. Claims Pursuant to this Article
Arbitration Rules. Whichever forum a grievance is filed and/or processed in
according to Section 4 above, the following shall apply:
1. Arbitrator's Authority. The arbitrator shall have no power to add to,
subtract from, alter, or modify this Agreement, nor to grant to either
party matters which were not obtained in the bargaining process, nor
to grant to impose any remedy or right of relief for any period of time
prior to the effective date of this Agreement, nor to grant pay
retroactively for more than thirty (30) calendar days prior to the date
a grievance was submitted at Step I.
2. Decision Final and Binding. The arbitrator's decision shall be final
and binding on the parties in accordance with Florida General
Statutes, provided, however, neither the submission of questions of
arbitrability to any arbitrator in the first instance shall be deemed to
diminish the scope of judicial review over arbitral awards, including
awards on arbitrability.
3. Grievance Subjects. Notwithstanding any contrary provision of this
Agreement, the following matters shall not be subject to the
grievance or arbitration procedure:
a. dismissal of employees during the probationary period;
b. reduction in force decision, except for order of layoff;
c. classification and pay grade for newly created jobs, provided
however, this clause shall neither enlarge nor diminish the
Union's right to negotiate on pay grades;
d. compliance with health and safety standards and Florida
OSHA;
e. appeal of rejection from admission to an examination or other
City selection device;
ARTICLE 14
WORKING CONDITIONS
Section 1. Work Scheduling
Normal Work Schedule
A. The normal work week will consist of forty (40) or 84 hours bi-weekly work
week, eight (8), ten (10) or twelve (12) per workday for four/five consecutive days.
The normal pay period is from Megday Saturday of one week through
Friday of the following week.
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Employees pay dates are bi-weekly (Wednesdays) for time worked in the
preceding pay period.
Appendix C represents work schedules for employees in various
departments.
B. Employees shall be entitled to two (2) days off at the completion of the
standard work week.
C. Where weekend work is a practice, the City shall make every effort to rotate
schedules to distribute weekend assignments equally.
D. It is understood and agreed that, should it become necessary to establish
a regular work schedule which includes Saturdays, negotiations may be
reopened on this issue. It is understood that these negotiations will
precede implementation of the decision.
E. Five (5) day notice of transfer in writing to employee and union.
E.
Prior to the implementation of any schedule change, there shall be a five
(5) day notice in writing to employee and the Union, with the exception of
emergency matters. Emergency matters shall be determined on a case -
by -case basis.
Section 2. Probationary Employees
A. Initial Appointment
1. Newly hired employees in the bargaining unit (except temporary, hourly, or
substitute employees) shall be considered probationary for the period of
twelve (12) months, thereafter; they shall be considered permanent regular
employees. If, at any time during the probationary period, the newly hired
employee's performance is considered unacceptable, the probationary
employee shall be terminated.
B. Promoted Employees -
1. An employee who is promoted shall be considered probationary for the first
three (3) calendar months in the new position. During such probationary
period, if such employee's performance is determined by the department
head to be unacceptable, the employee shall may be returned to his/her
previous position or a position substantially equivalent at his/her last pay
level in the returned classification without loss of seniority and/or benefits.
A seven (7) calendar day prior notification, in writing by the department,
shall be given to the employee that his/her performance is unacceptable.
2. A full-time pe nt regular employee promoted shall be treated as a
permanent regular employee for purposes of determining applicable
contractual rights and benefits.
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Section 3. Acting Appointments
A. In the event an employee is placed in a position of "acting" for a period of time that
exceeds one week, such employee and the Union shall receive notification, in
writing, of "acting" status by the department head, and such notice shall be
provided at the beginning of the appointment. Employees shall be compensated
at the in hiring rate for the class to which they are acting, provided such rate is at
least one pay step or 3.5 percent whichever is higher than they are currently
receiving, and such rate shall begin retroactive to the first day of appointment
to the acting position. An employee may be placed in an "acting" position for a
period of time which shall not exceed ninety (90) working days, except where
otherwise agreed to by the parties. Notice of termination of acting status shall be
provided to the employee and the Union at the termination of the acting
appointment. The employee shall revert to his/her previous rate of compensation
upon termination of such "acting" status.
B. Where the acting appointment is to a position encumbered by an employee on
approved leave and the leave of absence is expected to be more than ninety (90)
working days and/or to one year, the duration of the acting appointment shall be
until the job incumbent returns from the leave of absence. Should the acting
position become vacant, the acting person in the position shall may be allowed to
continue as a probationary person for the remaining time not to exceed one (1)
year. Upon successful completion of the probationary period the employee shall
be placed on permanent status in the position. The City Manager or his designee
shall have the rights under Section 2, B of this article.
Section 4. Overtime
A. It shall not be the general policy of the City to have its employees work frequent
or consistent overtime; however, when employees are directed to work overtime,
in addition to their regular hours, aggregating more than a maximum of forty (4)
hours per week, they shall be compensated as follows:
1. The rate of time and one-half of the regular rate of pay shall be paid for all
hours worked in excess of forty (40) hours during the regular work week or
eighty four (84) bi-weekly.
2. An employee shall not have his/her regular schedule changed to avoid the
payment of overtime.
3. Overtime shall not be paid more than once for the same hours worked.
Giving consideration to the organizational subdivisions of the City,
assignments, and shifts, department heads shall attempt to distribute
overtime among employees as equally as practical. Overtime worked shall
be reflected on the employee's pay stub.
4. By mutual consent of the supervisor in the employee, compensatory time,
in lieu of overtime pay, may be given and used in lieu of overtime in time of
shall be by mutual consent. Compensatory time is earned at one and a half
times the overtime hours worked by an employee.
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5. Only hours actually worked will be used to calculate overtime pay.
Compensatory time will be recognized at time actually worked. Paid time -
off Holidays, jury duty, vacation, sick leave, or any other leave of absence
with pay will not be considered as time worked for overtime compensation
purpose.
6. Overtime work must be authorized in advance by the City Manager or is an
appointed designee.
7. Compensatory time off must be taken in the same fiscal year in which it is
granted. Accrued compensatory time shall not be carried over into the next
fiscal year, except in cases where accrued compensatory time cannot be
used during the fiscal year in which it is accrued; the City Manager shall
review the request and make the exceptions, as deemed appropriate.
B. The maximum number hours of compensatory time which an eligible employee
may accrue is forty (40) hours.
ARTICLE 15
LUNCH PERIOD/REST PERIOD
Section 1. Lunch Period
A. All employees covered by this agreement shall be provided a lunch period
of not less than thirty (30) minutes, which shall be without pay, except
Communication Officers.
B. The scheduling of lunch period shall be determined by the Department
Head or his designee. Lunch periods shall normally be scheduled four (4)
hours after the start of the employee's workday.
Section 2. Rest Period
An employee shall be provided two (2) rest periods per workday. The
Department Head shall determine and schedule two fifteen (15) minutes
rest periods per workday. Rest periods must be taken in the following
manner: one in the morning and one in the afternoon and cannot be used
at the beginning or end of shift.
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ARTICLE 16
JOB OPPORTUNITIES
Section 1. Non -Exam Classifications
If the City determines to fill a non -exam classification job within the
bargaining unit, it shall be offered first to employees who are on layoff status
and then posted within the Department where the vacancy exists by
promotion. Such job shall be posted for a minimum of three (3) working days
within the Department.
Section 2. Posting of Information
In the event that no applicant within the Department is selected, then the
job shall be posted for an additional six (6) working days throughout the
City. The City shall fill the vacancy with the applicant who has scored
highest through the interview process. In the event that no applicant is
selected, the City shall post outside the City. Any employee not selected
shall be entitled to an explanation why the employee was not selected and
such explanation, if requested, shall be put in writing seven (7) working days
following the closing of the posting of positions for which that employee
applied.
Section 3. Opened Position(s)
It is agreed that every employee qualified, based on the lob description,
shall have the right to apply and be considered for any position in the
classified service which is posted.
Section 4. Classification
New or revised classifications shall be added to the list after consultation
discussion with the Union. Such discussion shall in no way preclude or
delay the City from promulgating the new or revised job description once
the classification has been discussed.
Section 5. Voluntary Demotion
With the approval of the City Manager or the designee, the employee shall
be returned to the pay status in the reduce grade equal to his years of
service within the classification. The employee's present salary shall be
maintained for forty (40) working days (four pay periods) after which the
salary range of the reduced position shall become effective.
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Section 6. Demotion Defined
Demotion shall mean the assignment of an employee to a position in a lower
classification, in which he/she qualifies, having a lower maximum salary
than the classification from which the assignment was made.
ARTICLE 17
CLASSIFICATION PLAN
Section 1. General Statement
The City agrees not to reclassify any position under this Agreement during
the term of this Agreement, except by mutual agreement.
ARTICLE 18
SAFETY AND HEALTH
Section 1. Enforcement
The City and the Union shall cooperate in the enforcement of the City's
Safety Rules and Regulations and will act in concert to promote sound
safety practices and procedures. The principal aim of the joint effort is
protection of employees, the general public and the elimination of accidents
and hazards to employees' health and safety.
Section 2. Safety Equipment and Protective Devices
The City shall provide employees with the safety equipment and protective
devices and clothing necessary to protect employees from injury and/or
accidents. The Union will encourage and promote the wearing of safety
equipment and compliance with safety rules and regulations.
purchase scuba tanks.
The City will demand the use of this equipment and expect compliance
from the employees. Noncompliance will result in progressive disciplinary
actions up to and including termination.
Section 3. Working Conditions
Employees shall not be required to work where circumstances or
conditions exist which pose a threat to the employee's safety or violate city
safety rules and regulations. Refusal or failure of an employee to use or
wear safety devices and protective, clothing, or failure to follow safe
practices and operating methods, shall be grounds for appropriate
disciplinary action.
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Section 4. Personal Hygiene and Cleanliness
Employees shall maintain reasonable standards of personal hygiene and
cleanliness consistent with the job performed by each employee.
Section 5. Complaints
Employees complaints of unsafe or hazardous conditions will be promptly
investigated. The City shall take such corrective action as may be
necessary to remove identified risks or hazards to employee safety and
welfare. The City shall investigate safety complaints within five (5) working
days and submit a written report within ten (10) days to the Department
Director and the Union for corrective action.
The City agrees to comply with all Applicable Federal, State, Local Laws,
including OSHA regarding employee safety.
Section 6. Assignment
An employee shall be assigned to another job assignment that he/she may
be qualified whenever -the employee's primary job assignment is temporary
eliminated due to unsafe working conditions.
Section 7. Injury and/or Illness
In the event of an on-the-job injury and/or seriously ill employee requiring
professional, medical attention, the City shall expedite such medical
attention by calling 911, if required. If the injured and/or seriously ill
employee requests to be taken to a medical facility, the City shall provide
transportation.
The City shall arrange for reasonable return transportation.
Section 8. Quarterly Meetings
No more than two (2) representatives of the Union and of the City shall meet
quarterly and as needed at a mutually agreed upon time for up to 1.5 hours
to discuss matters of specific issues of safety and health.
Each department has a designee that is required to attend the quarterly
safety meetings.
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ARTICLE 19
PERSONNEL RECORDS
Section 1. Keeper of Records
The Human Resources Office Department shall maintain an official
personnel file for each regular employee pursuant to Chapter 119, Florida
Statutes.
Section 2. Personnel File
Except for materials pertaining to work performance or such other matters
that may be cause for discipline, suspension, or dismissal, as defined in
Article 13, Grievance Procedure, under laws of this state, no derogatory
materials relating to an employee's conduct, service, character, or
personality shall be placed in an employee's personnel file.
Section 3. Written Materials
Materials relating to work performance discipline, suspension, or dismissal
shall be reduced to writing and signed by a person with the authority to know
the facts or make the judgment.
Section 4. Time Limitation
No material defined in Section 3 shall be placed in a personnel file, unless
they it has have been reduced to writing within twenty (20) working days.
Section 5. Employee's Copy
There shall be no statements placed in an employee's personnel file unless
the employee has been given a copy.
Section 6. Employee's Response
The employee shall have the right to respond in writing to any material filed
in his or her personnel file and the employee's response shall be attached
to the material filed.
Section 7. Anonymous Materials
No anonymous letter or material shall be placed in an employee's personnel
file. The validity of items of a derogatory nature placed in an employee's
personnel file shall be subject to the grievance procedure.
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Section 8. Examination of Personnel File
Upon request, the employee, or any person(s) designated in writing by the
employee, shall be permitted to examine the personnel file. The employee
shall be permitted conveniently to reproduce any materials in the file at the
minimum cost per page. Such request should be made to the Director of
Human Resources Director, who shall permit examination of the records at
reasonable time, under reasonable conditions and under his/her Human
Resources Department's supervision.
Section 9. Handling of Record
The Human Resources Director or designee shall maintain a record in the
file of those persons reviewing the file each time it is reviewed.
Section 10. Removal of Document(s)
No document(s) pertaining to demotion, dismissal, suspension or such
action in file of any employee shall be considered or used as a basis for
penalty after five (5) years if there is no further occurrence or the same
disciplinary infraction on file.
No document(s) pertaining to written warnings and written reprimands in file
of any employee shall be considered or used as a basis for penalty after
two (2) years if there is no further occurrence of the same disciplinary
infraction on file. Should there be no occurrences of the same infraction
during the two (2) year period the City shall remove information in
accordance with the Florida Statutes.
ARTICLE 20
EMERGENCY MEAL ALLOWANCE
Section 1. Emergency Meals
Under the following special circumstances where the City does not provide
meals, the department head Director shall approve reimbursement for an
employees' meal when the employee is required with less than twenty-four
(24) hours' notice to work a substantial amount of overtime.
A. The employee must have worked a minimum of four (4) continuous
hours of overtime immediately following the end of a normal workday
eight (8) hour shift; and
32
B. There was an exceptional/emergency where in which it was
absolutely impossible to allow the employee a meal break; and
The employee will only be reimbursed for the exact cost of the meal with receipts up to a
maximum of seven (7) 6 dollars for breakfast, 11 dollars for lunch and 15 dollars for
dinner.
ARTICLE 21
TRAINING TIME
Section 1. Hours of Work
Time spent by an employee who is authorized (with prior approval) by the City to attend
a course, lecture, or meeting, which directly relates to the employee's job assignment
shall be considered work time for pay purposes. Employees must complete a minimum
of fifteen (15) hours per year of City -authorized training, where such training is provided
by the City and the City affords the employee the time to complete such training during
his or her workweek.
Section 2. Tuition/Fee
Any tuition or fee for such required course shall be paid by the City.
Section 3. Training
The City will continue to provide adequate development and training for all job
classifications.
ARTICLE 22
CLOTHING AND SAFETY SHOES
Section 1. Wearing of Uniforms
The City will furnish, and the employees will be required to wear uniforms of the type,
design and color as determined by the City for employees in positions where uniforms
are required.
Section 2. Public Works Department
The City will provide, and each employee will be permitted to retain in the Public Works
Department eleven (11) twelve (12) uniforms. Replacements up to a maximum of eleven
{11) per year twelve (12) will be made upon the return of a uniform which is worn out
and/or damaged. All such uniforms shall remain the property of the City and each
employee maybe shall be required to return such issued uniforms upon termination of
employment.
33
Section 3. Care of Uniforms
The City shall provide for the reasonable care and maintenance of uniforms and shall
keep them clean and in proper condition.
City will continue to provide cleaning service for Public Works employees only.
Section 4. Issuing of Uniforms
Eleven (ii) uniforms for a new employee shall be supplied within thirty (30) working days
after the employee begins work where uniforms are not available.
Section 5. Return of Uniforms
An employee transferred to another department may be required to return all issued
uniforms at the time of transfer at which event, new uniforms will be issued to the
employee by the department to which transferred.
Section 6. Safety Shoes — Public Works
The employee shall be required to wear safety shoes and the City shall be responsible
for one half of the reasonable cost for those employees in positions which require that
safety shoes be worn.
Section 7. Number of Uniforms
The City will initially provide to bargaining „nit members Union employees in the Police
Department, Parks and Recreation Department and Code Enforcement that are
required to wear uniforms such uniform components that are necessary as applicable to
their job in an amount necessary for their job.
damaged. With personnel assigned to the Police Department that are required to wear
uniforms shall be provided with the same amount of apparels as applicable to their job
ascigned.
Section 8. Uniform Allowance
The City will pay an annual clothing allowance of two hundred ($200.00) dollars to
Communications Operators and Code Enforcement Officers only.
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ARTICLE 23
TEMPORARY ASSIGNMENT
Section 1. Temporary Replacement
The City may, at its discretion, assign a member of the bargaining wilt to serve as a
temporary replacement for an absent supervisor outside the bargaining unit. The
employee shall be paid the minima 1m of the salary range of the cuneryicory yob to which
ascigned or five (5%) percent above the employees' current straight time rate,
whichever is higher not to exceed the maximum of the pay range, for all work
performed in the temporary position.
Section 2. Temporary Service
In the event an employee serves as temporary replacement for an absent supervisor
outside the bargaining unit, the employee shall be paid (such as in Section 1). The City
shall at that time determine whether such job should be filled on a permanent basis.
Section 3. Salary Range
The employee after the thirtieth (30th) day of temporary assignment shall receive the
salary range as indicated in Section 1 retroactively to day one.
ARTICLE 24
TOBACCO DRUG -FREE AND SMOKE -FREE WORK PLACE
Section 1. General Policy Statement
Drug -free Workplace General Policy Statement- The City and AFSCME recognize that
substance abuse in our nation and our community exacts staggering costs in both human
and economic terms. Substance abuse can be reasonably expected to produce impaired
Iola job performance, loss of productivity, absenteeism, accidents, wasted materials,
lowered morale, rising health care costs, and diminished interpersonal relationship skills.
The City and AFSCME share a commitment to collaboratively addressing this problem
and is shall attempt to create and maintain a drug -free and smoke -free workplace.
A. Employees on duty or on City property shall not distribute, dispense,
possess, or use illegal drugs, nor shall they be under the influence of such
rin ugc any employee under the infl uence of an illegal substance or alcohol
in the workplace, the supervisor shall inform the employee before meeting
with his/her to his htc to r to n Thic meeting shall he in
vrrcn-rn�rrrcraJ�v'rrru ��rir.Tcv-r-e��r��er�lttti8rr.-r��rs�Trcctiti��urrva�rT
an effort to cstablish if this employee wishes assistance. The employer shall
offer to the employee any assistance program offerer! by the City and notify
35
For these reasons, and others, the Union supports the City's Drug -Free and
Smoke- Free Workplace Policy which provides, in part, that:
It is the policy of the City of Opa-Locka policy that the unlawful manufacture,
distribution, possession, or use of controlled substances is prohibited in the
workplace. It is the policy of the City that each employee has a right to come
to work and perform his or her job in an environment that is free from the
illegal use of drugs. It is also in the interest of the City and the public that
employees be able to perform their duties safely and efficiently.
The City is firmly committed to promoting high standards of health, safety
and efficient service. Thus, The City's goal is to maintain a work
environment free from the effects of drug abuse and smoke.
It is the policy of the City that employees shall not unlawfully manufacture,
distribute, dispense, possess or use a controlled substance while on the job
or in the workplace, or be under the influence of a controlled substance, not
prescribed for him/her by a physician, while on the job or in the workplace.
Any employee violating this policy will be subject to discipline, up to and
including termination.
Controlled substances are specifically defined in federal law. They consist
of two classes of "drugs": 1) those commonly thought of as "illegal" drugs,
and 2) certain medications available by prescription, but not being taken
under a physician's orders, which the federal government has determined
have a potential for abuse, or are potentially physically or psychologically
addictive.
Employees must inform the City's Human Resources Director within five (5)
days of any drug conviction for violation of a state of federal drug statute if
the violation occurred in the workplace. A conviction means a finding of
guilty, including a plea of nolo contendere, or the imposition of a sentence
by a judge or jury in any federal or state court. Within ten (10) days of
receiving notice that one of its employees funded under a federal qrant or
contract has been convicted for a violation of a state or federal drug statute
occurring in the workplace, the Human Resources Director must notify the
appropriate federal granting or contracting agency.
Employees who have substance abuse problems are encouraged to
participate in the City's Employee Assistance Program or a rehabilitation
program prior to any disciplinary action. If an employee chooses not to
undergo rehabilitation, the City will take disciplinary action consistent with
collective bargaining agreements and State law and regulation. Since it is a
federal certification requirement that employees be notified of this policy,
each employee will receive a copy of it. This policy will also be available at
the Human Resources Department.
36
Section 2. Alcohol and Prescription Drugs
and over thc counter drugs are legal and readily available. Generally safe
and acceptable, these drugs, when abused over time or used in
addiction. Employees are expected to conduct themselves in manner
noncictenf with the following provicionc
A. Employees on duty or on City property shall be free of intoxication
from alcohol.
g Emplou n duty shal o use or take crT pres above
the�- level''ll recommended by the prescribing physician and shall not
use prescribed drugs for purposes other than what the prescribed
drugs were intended. While on duty, any employee under thc
influence of a preccribed drug t„ the extent that such use influences
or impairs the ability of the employee, affects the safety of co
workers, impairs the employees job performance or the safe or
efficient operation of equipment, the employee maybe released from
duty, and placed on sick leave time for the balance of his/her work
accordance to Section A of this Article.
Section 4. Employee Physical
Examination/Screening/Health Services
In order to establish and support a clear standard of conduct for employees,
the City adheres to the following provisions:
A. Drug screening shall be included in all physical examinations.
Employees and contracted persons in positions which fall under the
Omnibus Transportation Employee Testing Act (OTETA) of 1991 shall
be screened.
B. Circumstances under which testing maybe considered include, but are
not limited to, the following:
1. Observed use of illegal drugs and/or abuse of alcohol during
work hours;
2. Apparent physical state of impairment of motor functions;
3. Marked changes in personal behavior on the job not
attributable to other factors;
4. Employee's involvement in serious or repetitive accidents on
the job causing personal injury to self or others and or
significant property damage;
37
5. Employee involvement in an accident requiring medical
treatment or the vehicle to be towed away from the scene of
the accident; and
6. Any vehicular fatality.
Section 5. Testing
An employee's refusal to submit to drug or alcohol testing in accordance
with the provisions of this Article may result in disciplinary action being taken
against the employee up to and including dismissal.
Section 6. Health and Safety Factors
The parties seek to foster the health and safety of all employees and
members of the general public. Smoking possesses a significant risk to the
health of the smoker. It can damage sensitive technical equipment and can
be a safety hazard. In sufficient concentrations, side- stream smoke can be
hazardous to non-smokers in the work environment. It may be harmful to
individuals with heart and respiratory disease or allergies related to tobacco
smoke. Use of other tobacco products also possesses a significant risk to
the health of the user.
Use of tobacco smoke products should shall be in accordance with Federal
and State laws. All current and potential employees shall be informed of the
City's tobacco free work place Smoke -Free Work Place policy.
38
ARTICLE 25
HOLIDAYS
Section 1. Legal Holidays
A. Regular, full-time employees and permanent part-time employees are eligible for
holiday pay following completion of the first 90 days of the one-year probationary
period.
B. The following days are recognized as City of Opa-locka, Florida paid holidays
and any other as may be designated by the City:
New Year's Day
Martin Luther King's Birthday Martin Luther King, Jr. Day
Presidents Day
Memorial Day
Juneteenth Independence Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
Half day Christmas Eve
Half Day New Year's Eve
Personal Floating Holiday
39
Section 2. Personal Floating Holiday
The personal floating holiday is intended to be used to observe predictable day of
personal significance such as religious holiday, b-i " ay w ddingc or other-pcial
This day is not carried over or accrued.
Section 2. Legal Holidays Falling on Saturday or Sunday
Holidays which that fall on Saturday will be observed on the preceding Friday. Paid
holidays which that fall on Sunday will be observed on the following Monday.
Section 3. Eligibility and Paid Holiday
To be eligible for holiday pay, an employee must work the last regularly scheduled
workday or be in an approved leave pay status preceding the holiday and the first
regularly scheduled workday following the holiday, unless the absence is approved in
advance by the supervisor.
a. If the City of Opa locka paid holiday falls during an employee scheduled vacation,
the holiday will not be counted as vacation taken.
b. An employee who separates or commences an unpaid leave of absence on the
last scheduled workday preceding a holiday will not receive holiday pay.
c. Employees required to work on a schedule holiday will be paid, their regular rate
of pay plus time and half for hours worked. A paid holiday not worked will not be
credited as a regular workday to compute weekly overtime. All employee
scheduled to work on a holiday and fails to report to work will not be eligible for
holiday pay.
ARTICLE 26
DISCIPLINARY/APPEAL
Section 1. General Statement
This Article shall apply to any employee covered by this Agreement. If employee's
position is not covered, employee is not subject to this Agreement, even if dues are paid.
The City shall be consistent with the concepts or fairness and due process. The City
recognizes that an employee maybe may be disciplined or discharged only for just cause.
40
Section 2. Disciplinary Action
Disciplinary action shall ordinarily be taken in a progressive manner. Such actions shall
be consistent with the concept and practice of progressive discipline, (i.e. in
administering discipline, the degree of discipline shall be related to the seriousness of
the offense and the employees' record). The progressive steps maybe shall be:
Informal Formal
1. Verbal warning
2. Written warning
Section 3. Notification
1. Written reprimand
2. Suspension/fines
3. Demotion/reduction in grade
4. Termination/Discharge
The employee shall be notified by higher supervisor, in writing, of the alleged violation
within forty-eight (48) hours of knowledge of the occurrence. Such notice shall contain
the nature of the charge and general description of alleged act (s) also, the time, place
and date of a meeting with the department head for the presentation of the disciplinary
action.
Section 4. Discipline and Counseling
Discipline and/or counseling shall normally be carried out in a manner which shall not
intended to embarrass the employee.
Section 5. Union Representation
The employee shall have the right to union representation where the employee
reasonably believes may involve disciplinary actions. It shall be the responsibility of the
employee to ensure that the union representative is in attendance at the meetings. If a
Union representative is not readily available, the supervisor shall delay such meetings
for an additional twenty-four (24) hours or one working day far the union representative
to be present.
Section 6. Copy of Action
The City agrees to furnish the union within forty-eight (48) hours with a copy of any
disciplinary action notification against au employee in the bargaining unit.
41
Section 7. Right to Appeal
Permanent full-time and permanent part-time employees dismissed, suspended, or
demoted shall have the right to appeal such action to the personnel board or submit a
formal appeal to arbitration. An appeal to arbitration shall be brought only by the Union,
through its Regional Director Field Coordinator or his/her designee. A request for
arbitration shall contain the names of the Department or agency and the employee
involved, a copy of the original appeal, the notice of discipline, and any written decision
rendered concerning the matter.
The employee shall be notified of such action and of his/her right to appeal, either by
personal service or by certified mail. The employee shall have five (5) g calendar
days of which to notify the Director of Human Resources of his/her intent to appeal such
action. In their his/her notice of intent to appeal a disciplinary action, the employee shall
elect the forum (i.e. Personnel Board City Manager or Arbitration) for the hearing of said
appeal. Once elected, and employcc an employee must proceed with the proceeding of
the appeal through the selected forum.
The Personnel Board finding (s) shall be forwarded to the City Manager for final decision.
The Arbitrator shall be selected and shall conduct the arbitration in accordance with the
rules established by the American Arbitration Association or Federal Mediation and
Conciliation Services. The decision of the Arbitrator shall be final and binding, except as
noted in the Grievance Procedure.
Section 8. Request for Meeting
Prior to the final decision being made, the concerned employee may request a meeting
with the City Manager or his/her designee to submit his/her written rebuttal to discuss the
issues of his/her case and answer questions. The employee will have the right to Union
Representation at such meeting.
Section 9. Categories of Separation
The categories of separation shall be as stipulated and defined herein.
Separations are of four (4) types:
1. Voluntary Separation - the employee initiates the separation by
retiring, resigning, or abandoning the position.
2. Abandonment of Position - the employee separates his/her service
by failing to report to work or advise the immediate supervisor of
intended absence of from work for three (3) consecutive days. An
employee recommended for discharge for this reason shall be given
an opportunity to present such extenuating circumstances as may
exists and to explain the failure to comply with the reporting
requirements. The Human Resources Director may change any
unauthorized absence to an authorized absence if the employee
42
presents a verifiable and acceptable reason for the absence from
work.
3. Disciplinary - the employee is separated from service by the City for
actions that violate the City's policies and/or procedures, federal
and/or state laws, or for other reason(s) deemed good and just
cause.
4. Lay off - the separation of an employee for lack of work or lack of
funds without fault on the and not the employee's fault or on the
employee's part.
Section 10. Costs of Services
The costs of services of the Arbitrator shall be shared equally by both parties to
this agreement.
ARTICLE 27
VACATION /ANNUAL LEAVE
Section 1. General Annual Leave Entitlement
The City encourages and requires each regular full-time and regular part-
time employee to take an annual leave entitlement as paid time off away
from work. The City does not provide leave pay unless leave time is actually
taken as time off from work, upon separation, or as otherwise specified in
this Agreement.
Section 2. Eligibility
A. A regular employee's entitlement to earn annual leave is based on
the employment anniversary date. An employee accrues annual
leave as follows:
1. One (1) through five (5) years of service: Employees who
have completed one (1) full year of service is are entitled to
twelve (12) days (96 hours) accrued annual leave.
2. Six (6) through ten (10) years of service: Employees are
eligible for fifteen (15) days (120 hours) of earned annual
leave each year.
3. Eleven (11) through fifteen (15) years of service: Employees
are eligible for eighteen (18) days (144 hours) of earned
annual leave each year.
43
4. Sixteen (16) through twenty (20) years of service: Employees
are eligible for twenty (20) days (160 hours) of earned annual
leave each year.
5. Twenty-one years of service and over: Employees are eligible
for twenty-two days (176 hours) of earned annual leave each
year.
B. Regular part-time employees are eligible for half the rate of annual
leave as indicated above. Newly hired employees shall not be eligible
to take their annual leave (12 days) until after their twelfth (12th)
month of employment.
C. If a person enters in the employ of City prior to the fifteenth (15th) of
the month, 4 that month shall be considered as a full month of service
for leave purposes.
Section 3. Annual Leave
A. Annual leave (vacation) is made available to provide periodic
vacations. Employees will be permitted the opportunity to take a
minimum of ten (10) consecutive days' vacation during a fiscal year,
provided that the number that the number of annual leave days has
been approved. Annual leave maybe may be used for purposes other
than vacation when authorized by the Department head.
B At the beginning of each calendar year (January 1 -January 31) each
employee shall submit an annual leave request form (See appendix)
to his/her supervisor no later than thirty (30) days prior to start of the
requested annual leave date. Confirmation of the approved request
shall be presented to the employee.
C. Annual leave for any employee shall be scheduled so as to not cause
disruption in the delivery of City services.
D. In approving annual leave schedules within a department,
preference shall be given to the employee with the greater seniority
within the job classification.
E. Leave requests may be denied based on the operating needs of the
City or Department. However, leave requests shall not be
unreasonably denied.
44
Section 4. Annual Leave Carry Over
Annual leave may be carried over from one calendar year
to the next, however; beginning with the calendar year 2023 and for each
year thereafter, an employee shall forfeit any hours in excess of two
hundred forty hours (240) in his or her annual leave bank upon the first day
of each new calendar year. an-emp ee-shall-be allloowe o accrue -;o
more than thirty (30) days annual leave.
leavye r for to^ t}h�,,esin,j�f this T� ent shall ho flowed �n retain thorn
�"ti'F � � � � � y " � Ltii e�crn�-rrnrvc-arrvvrccrcvTccChrrcrtvvc
annual days, but no additional days shall be allowed. [Moot]
Section 5. Unused Annual Leave
Unused annual leave entitlement shall be paid upon separation or death,
termination, retirement, or separation from the City so long as, in the case
of separation, the employee has provided notice of separation to the City at
least two -weeks in advance of separation and been employed by the City
for more than three hundred sixty-five (365) consecutive days. completed
six (6) monthe or more of continoc eeryice
Section 6. Additional Leave
In the event that the City of Opa Locka enacts legislation granting additional
leave benefits to employees of the City, such additional leave benefit shall
be made available to members of the bargaining unit.
Section 7. Request for Change/Sick Leave
When an employee is on annual leave and requires sick leave for any
portion of that annual leave, he/she must immediately request the use of
accumulated sick leave through the designated authority Department
Head to the Human Resources Department. Such request may be made
by telephone, telegram, or email or letter, but, if by phone, should be
confirmed by telegram or letter in writing. No sick leave shall be credited
unless supporting medical evidence verifying the illness or injury is
presented to the City.
Section 8. Unused Annual Leave Accrued Between January 1, 2019 and the
Effective Date of this Agreement
Upon the effective date of this Agreement, in regard to the hours of annual
leave accrued between January 1, 2019 and the effective date of this
Agreement, any employee with an excess of two hundred and forty (240)
hours of annual leave shall receive a one-time payout at his or her current
rate of pay for all hours in excess of two hundred forty (240) hours.
45
Section 9. Pre -2019 Accrued Leave (Banked Leave)
A. Upon the effective date of this Agreement, all unused hours of
annual leave accrued by an employee before the year 2019 shall
be designated as "banked leave." Banked leave shall be held,
tracked, and reported as a separate category of leave time for each
applicable employee. The monetary value of each hour of banked
leave shall be fixed and equal to the employee's hourly rate of pay
on the effective date of this Agreement.
B. Each employee with banked leave shall be permitted, at his or her
sole discretion, to cash in and receive the monetary value of up to
eighty (80) hours of banked leave once per calendar year.
C. If applicable, each employee with banked leave shall be permitted
to cash in and receive the monetary value of up to eighty (80) hours
of banked leave once per calendar year if he or she experiences a
"financial emergency." "Financial emergency" shall be defined by
the policies and procedures of the Human Resource Department,
and a request to receive a payout of banked leave pursuant to this
subsection shall be in the discretion of the City Manager.
D. If an employee has any unused hours of banked leave at this time
of his or her death, termination, retirement or separation from
employment, the value of those unused hours shall be paid out to
the employee (or his/her estate in the event of death) upon his or
her death, termination, retirement or separation from employment.
An employee must provide the City with notice of at least two -weeks
to be eligible for this pay out in the event of a separation from
employment.
ARTICLE 28
SICK LEAVE
Section 1. Policy Statement
This policy applies to all regular full-time and regular part-time employees
covered by this collective bargaining agreement.
Section 2. Amount of Benefits
During absence from work caused by personal illness or accident, an
eligible employee's wage or salary shall be continued for the amount of time
accrued in the employee's sick leave account. Employees earn eight (8)
hours per month of sick leave time. Starting with the calendar year 2023,
employees with an excess of one thousand forty (1040) hours of accrued
sick leave hours at the end of a calendar year shall forfeit any hours in
46
excess of one thousand forty (1040) hours on January 1st of each new
calendar year. A maximum of one thousand forty (1040) hours can be
carried over from year to year. There shall be no limit on the amount of sick
Icavc an employee may accrue. In the event of an employee's death,
termination, retirement or separation from employment, all of his or her
unused hours of sick leave shall be forfeited.
Section 3. Eligibility
A probationary employee is eligible for the benefit upon completion of a
ninety (90) day probationary period. The City of Opa Locka may require an
employee to support a request for sick leave benefits with medical
certification of illness in excess of three (3) days. Failure to provide a note
from a physician may lead to a denial of benefits and loss of pay. In the
event an employee has exhausted accumulated sick leave, he or she may
charge excess time to accrued annual leave. If the employee is unable to
return to work and has exhausted both sick and vacation time, he or she
may request medical leave without pay.
Section 1. Rate -of Pay
In the event an employee shall from employment with the City, the
nloyee shall he pair! a persetage of his/her-aocrued eaG e i at
}thhefollowinn rote: one toten ear�seryice payable at 25%,
i
fife 11 1 ) y of s gable at 00/ sixteen to
el�e�te�rrcce{�—F-rrtG���S�� cr��v-� B ,�. riccvvrrcv
nineteen (16 to 19) years of service payable at 75% and twenty (20) or moc
years of service payable at 100%.
Section 6 4. Calling In
An employee shall call in when taking sick leave. If the employee remains
on sick leave for more than three (3) consecutive days, he/she shall provide
the immediate supervisor with a doctor's medical statement indicating
nature of illness, length of time out and employee's fitness to return to full
duty status.
Section 6 5. Categories of Sick Leave
Sick leave shall be approved in the following two categories:
A. Illness of self or illness and/or death of: Spouse or Minor Child
B. Illness and/or death of: Persons who reside in the same residence
as the person who is requesting sick leave.
47
Section 7 6. Doctor's Appointments
An employee shall be eligible to use accrued sick leave for doctor's
appointment and/or other medical reasons, with proper notification and
approval at least five (5) working days prior to the scheduled appointment,
unless in cases of emergency.
Section 8 7. Sick Leave Bank
The City agrees to authorize the establishment of an employee sick leave
bank no later than five working days after the ratification of this Collective
Bargaining Agreement. A committee of two (2) representatives from the
Union and two (2) representatives from the City shall meet to formulate the
rules and procedures for a sick leave bank. The rules and procedures of
this sick leave bank shall be completed and submitted to the Union
President and City Manager for approval and signature.
This agreement shall become effective upon the signatures of both parties.
Further, both parties agree that this agreement shall become a part of the
Collective Bargaining Agreement during the reopening period.
Section 9 8. Part -Time
All regular part-time employees covered by this Agreement shall accrue sick
leave credit on a proportional basis.
Section 9. Unused Sick Leave Accrued Prior to the Effective Date of this Agreement
Upon the effective date of this Agreement, in regard to the hours of sick
leave accrued prior to the effective date of this Agreement, any employee
with an excess of one thousand and forty (1040) hours of sick leave shall
receive a one-time payout at his or her current rate of pay of all hours in
excess of one thousand forty (1040) hours.
ARTICLE 29
LEAVES
Section 1. Leave of Absence with Pay
The City agrees to grant permanent full-time and permanent part-
time employees paid time for:
48
A. Jury Duty —
1. A permanent full-time and regular part-time employee shall be
granted time off at straight time for reporting to required jury duty. When
an employee is summoned for jury duty, he/she must report to the court
on the day and time assigned by the Court, unless notice of approval to
be excused by the Court has been granted.
2. Any compensation received by an employee for jury duty shall be
retained by the employee. If an employee is released at least two (2)
hours prior to normal quitting time for that workday shift, the employee
shall be considered to have completed his/her cight hour shift provided
the employee submits proof of release time.
B. Court Appearance
1. Any regular employee, who is required to appear as a witnesses
a result of employment with the City, will be entitled to regular
administrative leave pay, if called to testify during regularly
scheduled work hours.
2. A regular employee who has in his/her custody official records of
this City and is subpoenaed by a Court to produce such records, will
be granted administrative leave with pay.
3. In no case will administrative leave with pay be granted for court
attendance when an employee is engaged in personal litigation or as
a private citizen; however, any employee with accrued annual leave
(vacation) may be granted annual leave in such cases, with approval
of the responsible supervisor.
4. Any employee subpoenaed in the line of duty to represent the City
as a witness or defendant shall be given administrative Leave with
pay, and the employee be allowed to keep any witness fee received.
D C. Time Off to Vote
Full time employees shall be granted up to one (1) hour off work with
pay for voting purposes. Employees requiring time shall notify their
supervisor at least a day in advance and must present a voter's
registration card.
Section 2. Bereavement Leave
A. Employees shall he granted four (4) days off without loss of pay
or benefits when death occurs in the immediate family of an
employee. The City may request proof of death.
49
B. The four (4) days of bereavement leave shall not be
charged against annual leave or sick leave or accumulated
overtime.
C. Immediate family shall be defined as: father, mother, sister, brother,
spouse, children, grandparents, mother-in-law, father-in-law,
grandchildren, domestic partner and other persons who are actually
members of the employee's household.
Section 3. Unpaid Leave
A. Leaves of absence., with the approval of the immediate supervisor, for
a limited period, not to exceed six (6) months may be granted for
reasonable purpose. Such leaves may be extended with approval of
the department head and by the City Manager for an additional six (6)
months.
Military Leave
1- An employee called to active military reserve status will be granted an
unpaid leave of absence for the active military training period.
Section 4. Family and Medical Leave
A. All full-time permanent and part-time employees who have worked for
the City for twelve (12) months and have worked at least 1,250 hours
during the twelve months preceding the leave shall be eligible for
Family and Medical Leave.
B. Employees magi request up tn six (6) months unpaid leave with the
approval of theme mmediaate p r and Cit„ M gt
C. An employee may be granted the unpaid leave for:
1. Newborn or newly adopted children
2. Illness of immediate family member, child, parent, spouse or self.
D. Earned vacation and/or sick leave will be used prior to commencement of
the unpaid family and medical leave. No Toss of seniority will occur while
the employee is on this this leave. An employee shall pay the portion of
the costs of his/her group health and welfare insurance premiums.
ARTICLE 30
MATERNITY LEAVE
Section 1. Right to Work
50
A pregnant employee will be permitted to work during the full term of her
pregnancy providing she is medically able to do so.
Section 2. Sick Leave
Accrued sick leave will be authorized for complications arising out of pregnancy.
Section 3. Disability
Disabilities caused or contributed to by pregnancy will be treated in the same manner
as any other temporary disabilities as provided for in this Agreement. Sick leave and
leave without pay shall be granted on the same basis as for other disabilities. The
starting date of such leave will be determined by the request of the employee and the
written certification of the inability to perform the duties by the employees' personal
physician.
Section 4. Benefits
An employee working during the term of her pregnancy will not be denied the benefit of
any personnel decision such as promotion, voluntary transfer, or selection for training,
which would have been made; however, promotion or transfer to positions with different
physical demands may be conditioned upon prior written approval of the employees'
personal physician.
ARTICLE 31
COMPREHENSIVE HEALTH CARE
Section 1. The City will continue to pay one hundred percent (100%) of the cost for
coverage in a Comprehensive Health Care Program available to all bargaining unit
members. (08/01/00}
ARTICLE 32
INJURY PAY
Section 1. On the Job Injury
paid for cight (8) hours for the day on which the injury occurs and receive compensation
as currently exist.
Section 1. The City shall provide Workmen's Compensation coverage for the Employee.
In the event of an on-the-job injury to an employee, such employee will be carried at full
pay, minus Workmen's Compensation daily benefits on the rolls of the Employee's
respective Department to a maximum of two hundred forty (240) days. Daily benefits and
the time loss as a result of the on-the-job injury will not be charged against any existing
51
type of leave time. The Workers' compensation award shall constitute prima facie
evidence of permanent disability.
Section 2. Daily benefits and time lost as a result of on-the-job injury shall not be
charqed against any type of leave time. An Employee may select their own physician for
medical care as may be permitted under Chapter 440 of the Florida Statutes or as allowed
by Workers' Compensation carrier. The City, however, may require an employee who
suffers an on-the-job injury to be examined by a physician selected by the City at the
City's expense.
Section 3. Any Employee injured on-the-job shall be paid a full eight (8), ten (10) or
twelve (12) hours wages, depending on his/her shift, for the day of the accident if his/her
treating physician advises that he/she could not or should not return to work that day.
Section 4. Any Employee who is able to work after a job -related injury, shall be reinstated
to his/her former job, provided he/she is physically qualified to perform the work.
ARTICLE 33
CALL BACK PAY
Section 1. Return to Work Pay
An employee who is called to return to work after completing his/her
scheduled shift and has left the premises of the city shall be paid at the
rate of time and one-half (11/2) the regular rate of hours worked with a
minimum of three (3) hours call back.
Section 2. Authorized Leave
An employee called back to work who is on an authorized leave shall be
paid at the rate of time and one-half (1 '/z) the regular rate for hours
worked with a minimum of three (3) hours call back. Such employee shall
not be charged leave for any such hours.
ARTICLE 34
TUITION PAYMENT PLAN
Section 1. Tuition
A. The City of Opa Locka shall pay the tuition of regular employees for eligible
education, vocational, technical, or adult trainings programs approved by
the Department Head and City Manager or his/her designee.
B. An eligible program is one that is directly related to the employees' current
position and/or to a related hire position which shall improve present job
52
performance or which shall prepare the employee for promotion. AB -eligible
program which c hall nod include a fog �r (4) y ar degree program and/or
� rtrrrrvc�rrvrucr� ecrrcrcgtl�p i vyrarrrarrrn yr
the -City -Manager, The refund tuition payment shall be based on seventy-
five percent (75%) of the Florida in state tuition for State colleges and
universities costs for the course.
C. Within thirty (30) days of the completion of the approved course work, the
employee shall present the original transcript, notification, a certificate of
Ja�factory comp) do trahe t to th Human Reso� goes Department
e•Lifl--���tt�e�t�i�crr� urv�.rvc�urcm c��-c
in order to be eligible for any tuition refund.
The tuition payment plan is subject to the following:
a. Courses must be sponsored by a regionally or nationally accredited
college or university.
b. Correspondence courses are excluded.
c. Courses must be completed with a passing grade of "C" or better before
reimbursement will be approved.
d. The employee must submit the published course description to and
obtain approval from the Department Head and City Manager before
being eligible for reimbursement of the course. Written certification by
the Department Head that the course is job -related is required.
e. Upon completion of the course, the employee must forward a transcript
of grades and invoices for the cost of tuition to the Human Resources
Director.
f. The employee must have completed one full year of service prior to
enrolling in a course for which the employee requests reimbursement.
g.
The employee must remain employed for one full year of service upon
completion of and reimbursement of the last class taken. Failure to do
so will result in the employee being required to reimburse the City for the
cost of the class(es) taken.
ARTICLE 35
LEGAL BENEFITS
Section 1. Civil Damage Suit
The City shall, upon the request of an employee covered by this Agreement and after
notice of the suit against the employee has been given to the Office of the City Attorney
53
within five (5) days after service upon the employee, undertake the defense of that
employee against any civil damage suit in which the complainant in the suit alleges that
the employee was acting within the scope and course of his/her employment as
determined by the City and does not allege that the employee acted in bad faith, or with
malicious purpose or in a manner exhibiting wanton and willful disregard of human
rights, safety or property.
Section 2. Defense
The City shall, upon the request of an employee covered by this Agreement and after
notice of the suit against the employee has been timely received by the Office of the City
Attorney within five (5) days after service upon the employee, undertake the defense of
that employee against any civil damage suit in which the complainant in the suit alleges
that the employee acted in bad faith, or with malicious purpose or in a manner exhibiting
wanton and will disregard of human rights, safety or property.
In a civil damage suit in which a defense is provided by the City, the City will indemnify
that employee against any judgments. The employee agrees to cooperate fully with the
City Attorney when the city undertakes the defense of the employee.
ARTICLE 36
PERFORMANCE RATING REVIEW
Section 1. Performance
An employee who objects to a performance evaluation rating may have it reviewed by
the Department Head Director within two weeks after the employee requests such
review. The employee shall be allowed to attach any supporting documents/rebuttal to
his/her performance evaluation.
Section 2. Appeal
An employee who, after the review provided in Section 1, wishes to appeal shall submit
a written request to the Director of Human Resources within seven (7) working days
following the review of the Department Head if he/she elects an appeal hearing by the
Personnel Board City Manager. The finding and recd efldation--by the Personnel
Board shall be forwarded to the City Manager for final decision. The City Manager's
decision shall be final.
Section 3. City Manager
appeal reviewed directly by the City Manager. In any case, the City Manager's decision
shall be final.
Section 4. Performance Evaluation
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A. The employee shall be provided with, a copy of his/her performance evaluation.
B. Performance evaluation reports shall be filed on the prescribed form in the
following instances and at the following times: (1) during any probationary period,
either promotional or original, not less than two (2) weeks prior to the termination
of the period; (2) when the performance of an employee with regular status has
been unsatisfactory, not less than three (3) months prior to the employee's annual
increase date; (3) when the rating supervisor wishes to amend a previously
submitted unsatisfactory report due to the marked improvement in an employee's
performance; (4) annually for each regular employee, at least three (3) months
prior to the employee's annual increment date, e.q., October 1, or within a
reasonable period thereafter. (5) at such other times as the City Manager or rating
supervisor deems that the quality of service of an employee should be recorded.
C. A performance evaluation shall be conducted by a supervisor who is familiar with
the employee's work. If the employee has had more than one supervisor over the
course of the period being evaluated, feedback shall be provided by the prior
supervisor(s). The performance evaluation report is subject to the approval of the
City Manager or designee. A copy of each approved performance evaluation report
shall be given to the employee and placed in the employee's file.
D. Union members who are in a classification entitled "supervisor", or in a
classification whose job specification includes conducting performance
evaluations may be assigned to conduct performance evaluations. Other Union
members will not be designated to conduct performance evaluations of other Union
employees but may be asked to provide input into the preparation of such
evaluations by the rating supervisor when they have been involved in leading or
guiding other workers.
E. No supervisor shall make comments within a performance evaluation where such
comments are inconsistent with the rating. However, constructive suggestions for
improvement shall not be considered to be inconsistent with the evaluation.
F. No comments will be added to a performance evaluation after it has been signed
by the employee unless the modified rating report has been reviewed with and
initialed by the employee prior to its placement in the employee's personnel file.
G. An employee's signature and/or initials on the performance evaluation form shall
serve as confirmation that the employee has seen the evaluation and not as an
indication that the employee agrees with the evaluation. All overall "unsatisfactory"
evaluations shall be discussed with and signed by the employee (indicating that
the employee has seen it, not that the employee agrees with the rating.) If the
overall rating is "unsatisfactory", the employee may request that the Union steward
sign the rating, rather than the employee, to confirm that the employee has seen
the rating.
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H. When an employee is rated unsatisfactory in any category, the rating supervisor
shall state the reasons and suggestions for improvement. The rating supervisor is
encouraged to include comments about the prior efforts to address the concern.
I. When, in the judgment of the rating supervisor, the performance of a regular
employee has been "unsatisfactory," the report shall be discussed at an informal
meeting with the employee prior to any review by the City Manager or designee.
ARTICLE 37
SAVING CLAUSE
Section 1. General Statement
Should any part of this Agreement or any portion therein contain be rendered or
declared illegal, legally invalid, or unenforceable by a court of competent jurisdiction, or
by the decision of any authorized Governmental Agency, such invalidation of such part
or portion of this Agreement shall not invalidate the remaining portions thereof. In the
event of such occurrence, the parties agree to meet immediately, and, if possible, to
negotiate substitute provisions for such parts or portions rendered or declared illegal or
invalid. The remaining parts and provisions of this Agreement shall remain in full force
and effect,
Section 2. Implementation Date
Any delays in the signing of this Agreement after ratification by the City and the Union
Membership shall not defer the implementation date as it affects the distribution of the
benefits and provisions provided by this Agreement.
Section 3. Conflict
In the event of a conflict between these provisions and the applicable law as finally
interpreted by the proper courts of competent jurisdiction or administrative bodies, the
law will prevail.
ARTICLE 38
ASSIGNABILITY OF CONTRACT
Section 1. Policy Statement
The provisions of this Agreement shall be binding upon the parties hereto and upon
their successors and assigns for the full term of this Agreement. The parties agree that
the terms and obligations herein contained shall not be affected, modified, altered, or
changed in any respect by the transfer or assignment by the City or any or all of its
properties, control ownership, or management, or by any change in the legal status of
the City or any part thereof.
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ARTICLE 39
NIGHT SHIFT PAY DIFFERENTIAL
Employees assigned to work shifts, which have the major portion of the scheduled hours
of work occurring between the shift hours of 6:00 p.m. and 6:00 a.m., shall be entitled
to receive one dollar ($1.00) per hour for the entire workday. Employees assigned to
day shift which work on an overtime basis into the time period stated above, will receive
the standard time and one-half (1 1/2) overtime rate, but not the night shift premium rate.
A work shift that is equally divided before and after 6:00 p.m. will be compensated at the
rate of $0.59 cents per hour for the entire workday.
Employees will not be transferred or rotated from one shift to another by the City for the
purpose of avoiding payment of night shift differentials.
ARTICLE 40
WAGES
The city will pay a 3% COLA or CPI {which every is higher) per year, with the possibility
anniversary date. In any year during the term of the contract if the city falls into financial
distress, a wage rc opener will be imposed on both parties.
1. Upon the effective date of this Agreement, retroactive to October 1, 2021, each
AFSCME employee will get a 2.75% increase for each year, or fraction thereof,
from their last wage increase.
2. Under the above formula, any AFSCME employee, other than those starting
after October 1, 2020, who would receive an increase of less than 3% using the
formula described in Section 1 of this Article, will get an increase of 3%
retroactive to October 1, 2021, upon the effective date of this Agreement.
3. Those employees who received increases as of October 1, 2020 to get them
up to wages of $30,000 per year will receive a 4% increase retroactive to
October 1, 2021 upon the effective date of this Agreement.
4. Upon the effective date of this Agreement, retroactive to October 1, 2021,
those employees starting employment with the City after October 1, 2020 will
get 3% increase prorated by the length of their employment up to October 1,
2021.
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5. AFSCME employees, full-time and part-time, with ten to fourteen years of
service will receive a one-time payment of $250.00. AFSCME employees, full-
time and part-time, with more than fourteen years of service will receive a one-
time payment of $500.00.
6. As of October 1, 2022 there will be a 2.5% increase for all AFSCME
employees.
7. As of October 1, 2023 there will be a 2.0% increase for all AFSCME
employees.
8. The City shall not hire any full time or part time employee at an hourly rate or
salary that is less than $15.00 per hour.
9. Any full time or part-time employee employed by the City on the effective date
of this Agreement who is earning less than $15.00 per hour shall have his or
her compensation raised immediately to $15.00 per hour, in addition to any
other wage increases due and owing under this Article.
ARTICLE 41
GRANT EMPLOYEES
Employees shall be given every opportunity for a full-time position when the grant
fund runs out.
ARTICLE 42
ENTIRE AGREEMENT
This Agreement, upon ratification, supersedes and cancels all prior agreements, whether
written or oral, unless expressly cited to the contrary herein, and constitutes the complete
and entire agreement between the parties and concludes collective bargaining for its
term.
Therefore, the City and the Union, for the duration of this Agreement, each voluntarily and
unqualifiedly waives the right, and each agrees that the other shall not be obligated, to
bargain collectively with respect to any subject or matter, whether or not refenced to or
covered in this Agreement, even though such subjects or matters may not have been
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within the knowledge or contemplation of either or both of the parties at the time they
negotiated or signed this Agreement.
The provisions of this Article are subject to the Miscellaneous Article, and no such
provision shall be deemed to have been vitiated by reason of this Article.
ARTICLE 43
DURATION
Section 1. Effective Date
This Agreement shall become effective upon ratification by the parties.
Section 2. Expiration
The Agreement shall be effective from August 1, 2022 through July 30,
2025.
Section 3. Re -opener
The Parties agree that Article 40 "Wages" shall be reopened at any time
prior to October 1, 2024 to negotiate the wage increase for fiscal year
2024 (October 1, 2024 — September 30, 2025).
IN WITNESS WHEREOF, the parties have executed this Agreement this day of
2022
CITY OF OPA-LOCKA
AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL
EMPLOYEES, COUNCIL 79, UNION
2068
By: By:
Darvin Williams John Renaud
Interim City Manager President — AFSCME Local 2068
By: By:
Madelin Gonzalez
Regional Director
AFSCME Florida Council 79
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APPENDIX — A - UNIT DESCRIPTION
POSITION CLASSIFICATION
Code Enforcement Officer
Project Coordinator
Planning Technician
Library Assistant
Clerk Typist, I
Clerk Typist, II
Receptionist/Clerk
Clerk Typist/Switchboard Operator
Secretary
Senior Office Assist
Communications Operator
Public Service Aide
Utility Billing Specialist
UCR Clerk
Account Clerk
Senior Account Clerk
Central Cashier
Property Clerk
Carpenter's Helper
Electrician's Helper
Carpenter Electrician
Automobile Mechanic
Heavy Equipment Operator
Water/Sewer Utility Mechanic
Water Meter Rader
Maintenance Worker
Custodian Worker
Waste Collector
Waste Collector Driver
Sanitation Supervisor
Vehicle Maintenance Coordinator
School Crossing Guards
Office Supervisor
Recreation Supervisor
Personnel Specialist
Records Clerk
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Crime Analyst
Property and Evidence Specialist
Parks Senior Coordinator
Recreational Leader
Accounts Payable Clerk
Administrative Assistant
Automotive Bodywork
Building Clerk
Community Outreach Coordinator
Customer Service Representative
Human Resources Specialist I
Lead Custodial Worker
Lead Utility Mechanic
Payroll Clerk
Water Meter Mechanic
Purchasing Clerk
Secretary 11
Seniors Coordinator
Urban Ranger
Utility Mechanic
Carpenter
Electrician
And any other classifications inadvertently omitted in accordance with the PERC
Certification number 1156 and recorded documents.
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APPENDIX - B
SALARY RANGE SCHEDULE AND CLASSIFICATION
[TO BE ADDED FOLLOWING RATIFICATION]
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APPENDIX - C
WORK HOURS
[TO BE ADDED FOLLOWING RATIFICATION]
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