HomeMy Public PortalAbout2007-02 Agreement between VKB & International Brotherhood of Teamsters, Local 769RESOLUTION NO 2007-2
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR
RATIFICATION OF THE COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, LOCAL 769 AND THE
VILLAGE OF KEY BISCAYNE, AUTHORIZING THE
VILLAGE MANAGER TO SIGN THE COLLECTIVE
BARGAINING AGREEMENT ON BEHALF OF THE
VILLAGE, AUTHORIZING THE VILLAGE MANAGER TO
TAKE ALL ACTION NECESSARY TO IMPLEMENT THE
COLLECTIVE BARGAINING AGREEMENT, AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Village of Key Biscayne ("Village") desires to ratify the Collective
Bargaining Agreement ("Agreement") between the Village and the International Brotherhood of
Teamsters, Local 769 ("Union"), (a copy of the Agreement is attached hereto as Exhibit "A"), and
WHEREAS, the Village Council finds that ratification of the Agreement is in the best
interest of the Village
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS
Section 1 The foregoing whereas clauses are true and correct and are incorporated herein
by this reference
Section 2 Ratification of the Agreement between the Village and the Union, in the form
attached hereto as Exhibit "A," is hereby authonzed and approved
Section 3 The Village Manager is hereby authonzed to execute the Agreement on behalf
of the Village
Section 4 The Village Manager is authorized to take all actions necessary to implement the
Agreement and the purpose of this Resolution
Section 5 This Resolution shall become effective immediately upon its adoption
PASSED AND ADOPTED this 9th day of January, 2007
MAYOR ROBERT L VERNON
AT
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CO CHITA H ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIEN
VILLAGE ATTORNENA
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
VILLAGE OF KEY BISCAYNE, FLORIDA
AND
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
LOCAL 769
OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2009
TABLE OF CONTENTS
ARTICLE PAGE
ARTICLE 1
RECOGNITION CLAUSE
1
1
ARTICLE 2 2
MANAGEMENT RIGHTS 2
ARTICLE 3 4
NO STRIKES AND LOCKOUTS 4
ARTICLE 4
UNION ACTIVITIES
ARTICLE 5
NON-DISCRIMINATION CLAUSE
ARTICLE 6
DUES DEDUCTION
ARTICLE 7
BULLETIN BOARDS
ARTICLE 8
INITIAL PROBATIONARY PERIOD
ARTICLE 9
DISCIPLINARY PROCEDURES
ARTICLE 10
GRIEVANCE AND ARBITRATION PROCEDURE
5
5
6
6
7
7
8
8
9
9
10
10
11
11
ARTICLE 11 15
SENIORITY 15
ARTICLE 12
LAYOFF AND RECALL
ARTICLE 13
WORK WEEK AND WORK SHIFT
ARTICLE 14
LEAVES OF ABSENCE
ARTICLE 15
JOB CONNECTED DISABILITY
16
16
18
18
19
19
20
20
TABLE OF CONTENTS
ARTICLE PAGE
ARTICLE 16 21
SAFETY & HEALTH 21
ARTICLE 17 23
PHYSICAL AND SUBSTANCE ABUSE EXAMINATIONS 23
ARTICLE 18 27
LEGAL REPRESENTATION 27
ARTICLE 19 28
OFF -DUTY POLICE WORK 28
ARTICLE 20 29
SEVERABILITY AND ZIPPER CLAUSE 29
ARTICLE 21 30
MISCELLANEOUS PROVISIONS 30
ARTICLE 22 32
HEALTH AND LIFE INSURANCE COVERAGE 32
ARTICLE 23 33
WORKING OUT OF CLASSIFICATION 33
ARTICLE 24 34
MAINTENANCE OF STANDARDS 34
ARTICLE 25 35
HOLIDAYS 35
ARTICLE 26 36
SHIFT PAY DIFFERENTIAL 36
ARTICLE 27 37
FIELD TRAINING OFFICERS 37
ARTICLE 28 38
WAGES AND LONGEVITY 38
ARTICLE 29 39
SICK LEAVE 39
ARTICLE 30 40
RETIREE HEALTH SAVINGS PLAN 40
TABLE OF CONTENTS
ARTICLE
ARTICLE 31
DURATION OF AGREEMENT
APPENDIX A
GRADED SERVICE SALARY PLANS
PAGE
41
41
42
42
ARTICLE 1
RECOGNITION CLAUSE
1 1 The Village of Key Biscayne ("Village") hereby recognizes the International
Brotherhood of Teamsters, Local 769 ("Union") as the sole and exclusive
bargaining agent as to the wages, hours and other terms and conditions of
employment for the following bargaining unit as certified by the State of Florida,
Pubhc Employees Relations Commission ("PERC"), Certification No 1597
• Included Sworn police officers and sergeants employed by the Village of
Key Biscayne
• Excluded Police chief, deputy chief, major, lieutenants and all other
employees employed by the Village of Key Biscayne
1 2 Any changes in the bargaining unit shall only be made upon proper application to
PERC and/or an appropriate court of competent junsdiction
1
ARTICLE 2
MANAGEMENT RIGHTS
2 1 The Union recognizes the right of the Village to operate, manage and direct all
affairs of all departments within the Village, except as otherwise expressly
provided elsewhere in this Agreement, including but not limited to the right
a To exercise complete and unhampered control to manage, direct, and
totally supervise all employees of the Village,
b To hire, promote, transfer, schedule, train, assign and retain employees
in positions with the Village and to establish procedures therefore,
c To suspend, demote, discharge, lay off, or take other disciplinary
action for proper cause against employees in accordance with this
Agreement, the Village's personnel policies, regulations, procedures
and departmental policies,
d To maintain the efficiency of the operations of the Police Department,
e To determine the structure and organization of Village government,
including the nght to supervise, subcontract, expand, consolidate or
merge any department, and to alter, combine, eliminate, or reduce any
division thereof,
f To determine the number of all employees who shall be employed by
the Village, the job description, activities, assignments and the number
of hours and shifts to be worked per week, including starting and
quitting time of all employees,
g To determine the number, types, and grades of positions or employees
assigned to an organizational unit, department or project and the nght
to alter, combine, reduce, expand or cease any position,
h To set its own standards for services to be offered to the public,
1 To determine the location, methods, means and personnel by which
operations are to be conducted,
j To determine what uniforms the employees are required to wear while
on duty,
2
k To set procedures and standards to evaluate Village employees' job
performance,
1 To establish, change, or modify duties, tasks, responsibilities, or
requirements within job descnptions,
m To determine internal secunty practices,
n To introduce new or improved services, maintenance procedures,
materials, facilities and equipment, and to have complete authonty to
exercise those nghts and powers incidental thereto, including the right to
make unilateral changes when necessary,
o To control the use of equipment and property of the Village, and
p To formulate and implement department policy, procedures rules and
regulations
22 It is understood by the parties that every incidental duty connected with
operations enumerated in job descnptions is not always specifically described and
employees, at the discretion of the Village, may be required to perform duties not
within their job descnption, but within the realm of related duties
2 3 Any nght, privilege or function of the Village not specifically released or
modified by the Village in this Agreement, shall remain with the Village
2 4 Should there be any disputes as to the meaning and intent of any Article of this
Agreement, the parties fully understand that this Article shall be determinative
3
ARTICLE 3
NO STRIKES AND LOCKOUTS
3 1 The Union agrees that they will not engage in a "Stnke" against the Village as
defined in Section 447 203(6), Florida Statutes "Stnke" means the concerted
failure of employees to report for duty, the concerted absence of employees from
their positions, the concerted stoppage of work by employees, the concerted
submission of resignations by employees, the concerted abstinence in whole or in
part by any group of employees from the full and faithful performance of the
duties of employment with the Village for the purpose of inducing, influencing,
condoning, or coercing a change in the terms and conditions of employment or the
nghts, privileges, or obligations of public employment, or participating in a
deliberate and concerted course of conduct which adversely affects the services of
the Village, the concerted failure of employees to report for work after the
expiration of a collective bargaining agreement, and picketing in furtherance of a
work stoppage The term "Stnke" shall also mean any overt preparation,
including, but not limited to, the establishment of stnke funds with regard to the
above -listed activities
3 2 No employee or union may participate in a strike against the Village by
instigating or supporting, in any manner, a Strike Any violations of this Article
shall subject the violator to the penalties provided in Chapter 447, Florida
Statutes The Village agrees that it will not "lockout" the employees from the
workplace Any violations of this Article will allow either party to seek
injunctive rehef from the appropnate court
4
ARTICLE 4
UNION ACTIVITIES
4 1 The Village shall furnish the Union office a courtesy copy of all current or
subsequently amended written rules or regulations pertaining to employer -
employee relations, including Police Department rules and regulations, standard
operating procedures, supervisors' duty manual, and any amendments thereto
4 2 Union representatives and employees shall be allowed to communicate official
Union business, in non -work spaces during an employee's non -work hours, to
members to the extent that duty responsibilities are not disrupted or interfered
with
4 3 The Village shall provide, at the cost of reproduction established by Section
119 07, Florida Statutes, such copies of the classification position control roster as
requested by the Union The roster shall contain names, step and grade of all
bargaining unit members
4 4 A designated Union representative will be released from duty with pay, for a
maximum of two (2) hours per pay period or for such additional period of time as
the Village specifically approves, for attendance at grievance heanngs or other
employer -employee proceedings, however, that such release from duty shall not
interfere with the Union representative's assigned duties
4 5 Employees shall have the nght to join in, or refuse to join in Union activity
without interference or intimidation or coercion by either the Village or the
Union Further, employees shall enjoy all the nghts and privileges as outlined in
this Agreement
5
ARTICLE 5
NON-DISCRIMINATION CLAUSE
5 1 It is the policy of the Village that all employees have the right to work in an
environment free of discrimination and any form of harassment based on race,
sex, color, religion, ancestry, pregnancy, national origin, age, disability, marital
status, familial status, sexual orientation, union activity, union affiliation, or union
membership
5 2 All references in this Agreement to employees are gender neutral
5 3 An employee aggneved by a violation of this Article may use the grievance and
arbitration provisions of this Agreement Should the employee elect to process
such complaint through another agency, the grievance process shall be forfeited
by that employee
6
ARTICLE 6
DUES DEDUCTION
6 1 Effective immediately upon receipt of a written authorization form from an
employee, the Village agrees, at no cost to the employee or the Union, to deduct
regular union dues of such employee from his paycheck and remit such
deductions to the duly elected Treasurer of the Union within ten (10) working
days from the date of the deduction The Union will notify the Village in writing
prior to any change in the regular union dues structure
6 2 An employee may, at any time, on forms provided by the Union, revoke his union
dues deduction and shall submit such revocation form to the Village with a copy
of such revocation form to the Union Union dues deductions will only be
stopped by the Village on the first pay period in each calendar month
7
ARTICLE 7
BULLETIN BOARDS
7 1 The Union will be allocated a reasonable portion (approximately 1/3) of the
designated bulletin board for posting Union material
7 2 Such bulletin board space is to be used exclusively by the Union for the purpose
of posting Union business and information such as recreational and social
activities and matenal related to employee relations matters
7 3 The Union shall not post any matenals which are obscene, defamatory or impair
the operations of the Police Department
74 The Union may distribute Union literature and Union matenals through the
employees' informational boxes by off -duty personnel
8
ARTICLE 8
INITIAL PROBATIONARY PERIOD
8 1 Probation, for the purpose of performance evaluations and wages, shall be
eighteen (18) months in duration from the date of hire A probationary employee
may be discharged for any reason during his probationary period At the
discretion of the Police Chief, an employee's initial probationary period may be
reduced to twelve (12) months
8 2 Accumulation of sick time will be accrued from the first day of employment and a
probationary employee may use these days with the submission of a valid doctor's
certification
8 3 Vacation days will be accrued from the first day of employment, however, a
probationary employee may not use any accrued vacation leave until he has
completed a minimum of one (1) year of service In the event of an extraordinary
circumstance, the Pohce Chief may, at his discretion, allow up to forty eight (48)
hours vacation leave
9
ARTICLE 9
DISCIPLINARY PROCEDURES
91 Employees will only be disciplined or discharged for proper cause in a
progressive manner, except in cases of gross misconduct which may result in
immediate discharge In each case a written statement indicating the preferred
charges and the reasons for such action shall be presented to the employee being
disciplined
9 2 Disciplinary actions taken will be fair and consistent with other such actions taken
by the Police Department under similar circumstances, utilizing the Rules and
Regulations of the Police Department and any and all other rules and procedures
of the Village and Police Department
9 3 Disciplinary actions not involving the loss of compensation for the employee are
only grievable through Step 4 of the grievance procedure in Article 10 and are not
subject to binding arbitration Any disciplinary action of this sort may only be
utilized for purposes of progressive discipline for up to a one (1) year period
9 4 The Village will fully abide by Section 112 532, Florida Statutes known as the
Law Enforcement Bill of Rights during any internal investigation of any
employee
10
ARTICLE 10
GRIEVANCE AND ARBITRATION PROCEDURE
10 1 In a mutual effort to provide harmonious working relations between the parties to
this Agreement, it is agreed to and understood by both parties that there shall be a
procedure for the resolution of grievances between the parties ansing from any
alleged violation of the specific terms of this Agreement Gnevances relating to
alleged violations of the specific terms of this Agreement shall be processed in the
following manner
10 2 Verbal Grievance
STEP 1
Whenever an employee has a gnevance, he should first present it verbally to his
immediate supervisor within seven (7) days of the event giving nse to the
grievance It is the responsibility of the supervisor to attempt to arrange a
mutually satisfactory settlement of the grievance within seven (7) calendar days
from the time when the grievance was first presented to him, or failing in that,
must within that time advise the employee of his inability to do so Such contact
between the employee and supervisor shall be on an informal basis
10 3 Formal Gnevance Procedure
STEP 2
If the aggrieved employee is not satisfied with the Step 1 answer, he may, within
seven (7) calendar days following the day on which he received the Step 1 answer,
reduce the gnevance to wntmg and submit it to the Lieutenant in charge of that shift
The grievance shall be signed by the employee and shall specify all of the following
(a) The date of the alleged grievance, (b) the specific Article or Articles and Section
or Sections of this Agreement allegedly violated, (c) the facts pertaimng to or giving
nse to the alleged grievance, and (d) the relief requested The Lieutenant may
informally meet with the employee to address the gnevance A Union representative
may be present at the meeting upon the employee's request The Lieutenant shall
reach a decision and communicate in wnting to the employee and the Union
representative within ten (10) calendar days from receipt of the gnevance
11
STEP 3
If the gnevance is not resolved at Step 2, or if no wntten disposition is made within
the Step 2 time limits, the employee shall have the nght to appeal the Step 2 decision
to the Chief of Police or his designee within seven (7) calendar days from the due
date of the Step 2 response Such an appeal must be accompanied by a copy of the
original wntten grievance The Chief of Police or his designee may conduct a
meeting with the gnevant and his Union representative, if needed The Chief of
Police or his designee shall, within ten (10) calendar days after the presentation of
the grievance (or such longer penod of time as is mutually agreed upon in wnting),
render his decision on the grievance in wnting to the aggrieved employee and the
Union representative
STEP 4
If the gnevance is not resolved at Step 3, or if no wntten disposition is made within
the Step 3 time limits, the employee shall have the nght to appeal the Step 3 decision
to the Village Manager or her designee within seven (7) calendar days from the date
of the issuance of the Step 3 decision Such appeal must be accompanied by the
filing of a copy of the onginal wntten grievance, together with a request form
signed by the employee requesting that the Step 3 decision be reversed or modified
The Village Manager or her designee shall conduct a meeting with the employee and
his Union representative, if needed The Village Manager or her designee shall,
within ten (10) calendar days (or such longer penod of time as is mutually agreed
upon in wntmg), render her decision in wnting to the employee and the Union
representative
10 4 If the grievance is not resolved at Step 4, or if no written disposition has been
rendered within the applicable time limits, the employee shall have the right to
appeal to binding arbitration within ten (10) calendar days from the date the Step 4
disposition is given, or the due date of that decision, if no written decision is made
10 5 A grievance not advanced to the higher step within the time limits provided shall be
deemed permanently withdrawn as having been settled on the basis of the most
recent decision given Failure on the part of the Village to answer within the time
12
limits set forth in any Step will entitle the employee to proceed to the next step The
time periods contained herein may be mutually waived or extended due to
unforeseen circumstances
10 6 Where a grievance is general in nature in that it applies to a number of employees
having the same issue to be decided, it shall be presented directly to the Chief of
Police or his designee at Step 3 of the gnevance procedure, within the time limit
provided for the submission of the grievance in Step 1 and signed by the
aggneved employees or the Union representative on their behalf
10 7 The arbitrator may be any impartial person mutually agreed upon by the parties In
the event the parties are unable to agree upon said impartial arbitrator within ten (10)
calendar days after the Village or Union request arbitration, the parties shall jointly
request a list of seven (7) names from the Federal Mediation and Conciliation
Service Within ten (10) calendar days of receipt of the list, the parties shall
alternately stnke names, with the Village staking first The remaining name shall
act as the arbitrator
10 8 The Village and the Union shall mutually agree, in wnting, as to the statement of
the grievance to be arbitrated pnor to the arbitration heanng and the arbitrator
shall confine his decision to the particular grievance specified In the event the
parties fail to agree on the statement of the grievance to be submitted to the
arbitrator, the arbitrator shall confine his consideration and determination to the
wntten statement of the gnevance and the response of the other party Copies of
any documentation provided to the arbitrator by either party shall be
simultaneously provided to the other party
10 9 The arbitrator shall have no authority to change, amend, add to, subtract from, or
otherwise alter or supplement this Agreement or any part thereof or amendment
thereto The arbitrator shall have no authonty to consider or rule upon any matter
which is stated in this Agreement not to be subject to arbitration The arbitrator
may not issue declaratory or advisory opinions
10 10 Copies of the arbitrator's decision shall be furnished to both parties within thirty
(30) days of the closing of the arbitration hearing The arbitrator's decision will
be final and binding on all parties
13
1011 Each party shall bear the expense of its own witnesses and of its own
representatives for the purposes of the arbitration heanng The parties agree to
equally share the Arbitrator's fee and any related expenses including any cost
involved in requesting a panel of arbitrators The hearing room shall be supplied
and designated by the Village Any person desiring a transcript of the hearing
shall bear the cost of such transcript, unless both parties mutually agree to share
such cost
10 12 Unless otherwise agreed to by both parties, grievances under this Agreement shall
be processed separately and individually Accordingly, only one (1) grievance
shall be submitted to an arbitrator for decision in any given case Settlement of
grievances pnor to the issuance of an arbitration award shall not constitute a
precedent or an admission that the Agreement has been violated
14
ARTICLE 11
SENIORITY
11 1 Seniority for the purposes of this Article is defined as the uninterrupted length of
service of an employee with the Village starting on the employee's the date of
hire with the Pohce Department as a certified law enforcement officer
11 2 Seniority shall continue to accrue during all types of leaves except leaves of
absence without pay exceeding thirty (30) consecutive days With respects to
leaves of absence in excess of thirty (30) consecutive days, accrual of senionty
will recommence upon return to duty Any exceptions to this Section shall be at
the sole discretion of the Chief of Police
11 3 For purposes of all promotional examinations, one quarter ( 25) of a point shall be
applied to the final examination score for each year of service up to a maximum
of five (5) points
15
ARTICLE 12
LAYOFF AND RECALL
12 1 Lay Off
In the event of a layoff for any reason, employees shall be laid off in reverse order
of seniority An employee who is to be laid off who had advanced to his present
classification in the same department in which he held a permanent appointment,
shall be given the opportunity to displace a less senior employee in the lower
classification in the same department An employee may not "down bump"
another employee unless he had performed the lower level classification job on a
regular basis as evidenced by his personnel records
12 2 Recall
A Employees in layoff status will retain recall rights for twelve (12) months and
shall have preference over applicants on eligibility lists Recall shall be made
by certified mail to the last address in the employee's records, along with any
address on file with the Union The employee must within seven (7) days
from the certified receipt date, signify his intention of returning to work to the
office of the Chief of Police
B An employee, when offered recall, who is temporanly unable to accept due to
medical reasons after notifying the Police Department of his intentions of
returning, shall be granted an additional thirty (30) day period from the date of
notice of intention to return to duty, in which to return to duty without loss of
senionty nghts accrued to date of layoff
C When employees are recalled from layoff, the employees with the greatest
departmental senionty shall be recalled in order of seniority, provided that the
employee is physically capable of performing his regular duties The Village,
at its discretion, may require a recalled employee to submit to a physical
examination at the Village's expense
D Employees, who return to a job classification covered by this Agreement from
a layoff status, shall receive a rate of pay based upon the current schedule in
effect at the time of recall
E No new employees shall be hired in any classification until all employees on
16
layoff status in that classification have been notified of return to work
12 3 Employees shall lose their seniority as a result of the following
A Termination/Resignation,
B Retirement,
C Absence without authorized leave, and/or
D Being found medically unfit for duty on a permanent basis upon one (1) year
of continuous absence
17
ARTICLE 13
WORK WEEK AND WORK SHIFT
13 1 The standard payroll workweek shall begin at 0001 hours Saturday and end at
2400 hours Friday This period shall be referred to as the standard workweek
Work cycles within the fourteen (14) day work period shall be in accordance with
the current practice, including appropriate intervening consecutive days off
13 2 Each employee shall be entitled to either a one (1) hour paid break period or two
(2) thirty (30) minute breaks during a regular twelve (12) hour work shift Due to
the nature of the job, in the event an employee is unable to utilize these designated
break times there is no obligation on the part of the Village to either restore to or
compensate the officer for said lost break time
13 3 For the purpose of this Agreement, a shift means the time during which an
employee is on scheduled duty A shift shall be no less than eight (8) hours
13 4 No employee shall be required to work a split shift Whenever a shift rotation
occurs, or an employee rotates to a new shift, the employee will be entitled to at
least the number of hours equal to one scheduled shift of off -duty time prior to
returning to work
13 5 In those instances where adjustments to squad assignments are required, the
employee will be given at least four (4) days advance notice When squad
reassignments are necessary due to exigent circumstances (See Article 21) or
unforeseen manpower shortages, the employee will be given as much notice as
possible
18
ARTICLE 14
LEAVES OF ABSENCE
14 1 The Police Chief may recommend that an employee be granted a leave of absence
without pay for the purpose of entering upon a course of training or any study
calculated to improve the quality of service No benefits, except senionty if such
leave is less than thirty (30) consecutive days, shall accrue during this period of
leave
14 2 All applications for a leave of absence without pay, including any application
under Section 14 1 above, shall be within the exclusive discretion of the Chief of
Police
14 3 An employee granted a leave of absence, upon the termination and/or expiration
of the leave, will return to the same job classification and rate of pay currently in
effect for that classification
19
ARTICLE 15
JOB CONNECTED DISABILITY
15 1 Whenever an employee sustains an injury compensable under Chapter 440,
Florida Statutes, as the same may be amended from time to time, the Village shall
pay the employee the difference of the employee's salary including any
adjustments at the time of the injury and compensation wage benefits received
until the employee reaches maximum medical improvement or is authorized to
return to work in a light duty status, whichever comes first
This Section shall apply only to the first thirty (30) consecutive calendar days an
employee is off duty due to an injury compensable under workers' compensation
Thereafter, the employee may continue to receive full pay by utilizing accrued
sick leave, annual leave, or other paid leaves to supplement the compensation
wage benefits he receives under worker's compensation
The Village Manager may, in her discretion, extend the thirty (30) calendar day
period hereunder for additional penods if she determines that the circumstances
surrounding the on-the-job injury were such as to warrant the employee receiving
special consideration Any such extension(s) shall be in thirty (30) day
increments
15 2 While on a job connected disability leave, employees shall be entitled to all
benefits as provided by the Village policy or by this Agreement
15 3 Any employee injured on the job shall be paid his full day's wages for the day of
the accident if his treating physician directs that he should not return to work that
day
15 4 The Village shall make a good faith effort to place a bargaining unit employee
injured on the job in a light duty job consistent with his physical and mental
capabilities and limitations as determined by a qualified physician Dunng the
period of his light duty job, the employee shall receive his regular pay and
benefits Light duty jobs must involve productive work (i e , no "make work"
jobs) All light duty jobs must be approved by the Village Manager
15 5 Any employee found to have engaged in any type of worker's compensation
fraud, will be subject to immediate termination from employment
20
ARTICLE 16
SAFETY & HEALTH
161 The Village and the Union will cooperate in the continuing objective of
eliminating accidents and health hazards
16 2 Employees covered by this Agreement shall not be required to use a vehicle or
piece of equipment reasonably deemed unsafe With respect to vehicles, the teiui
reasonably safe shall relate to brakes, tires, lights, police emergency flashers,
horns, sirens and/or steering
16 3 Whenever an employee covered by this Agreement feels that a vehicle or other
equipment is unsafe and, therefore, unfit for service because it is a hazard to the
employee(s) or to the public, or both, he shall immediately inform his Supervisor
If the Supervisor concurs, the unsafe vehicle or other equipment shall not be used
until it has been inspected and determined safe Should the Supervisor not
concur, the employee shall document such unsafe condition and Supervisor's
comments in writing and forward it to the Chief of Police via the Chain of
Command Employees coming on or going off -duty shall report any defects with
respect to the vehicle operated or to be operated dunng a shift to the Supervisor
16 4 If the unsafe equipment is a vehicle and the nature of the unsafe conditions is such
that it should not be driven, the vehicle shall be dead fined at the location where it
is deemed unsafe An employee shall not be required to deliver such an unsafe
vehicle to a place of repair However, if the nature of the unsafe condition is such
that the vehicle can be driven to a place of repair by the employee without hazard
to the employee(s) and/or to the public, the employee shall do so The
employee's Supervisor shall make final determination as to what action shall be
taken
16 5 No vehicle or piece of equipment dead lined shall be released from dead line until
inspected and/or repaired by competent mechanical personnel Employees shall
not be required to perform repairs on the Village vehicles
16 6 Employees unassisted will not be required to transport persons detained in a
vehicle not equipped with a cage, except in an emergency, and then the
transporting officer will be assisted by another employee
21
16 7 Shotguns shall be cage -mounted in the front area of each patrol vehicle, provided
that if there is no cage, shotguns shall be mounted in the trunk of the vehicle
16 8 Each employee, prior to commencing his tour of duty, shall be issued a portable
radio No employee shall be forced to work his tour of duty without having in his
possession an operable portable radio, provided, however, that in management's
discretion, an employee not having an operable portable radio may be reassigned
to other duties where a portable radio is not necessary
16 9 Annual firearms training shall be provided by the Village
16 10 Employees shall not be required to transport live animals in patrol vehicles
22
ARTICLE 17
PHYSICAL AND SUBSTANCE ABUSE EXAMINATIONS
17 1 The Village strives to provide a safe, healthful and productive work environment
for its employees and adopts a zero tolerance for drug and alcohol abuse in the
workplace
17 2 The Village, as part of its medical examination process during pre -employment
physicals, during a fitness for duty examination of an employee who is
experiencing job related problems which are of a physical and/or mental nature,
after the occurrence of a preventable accident and during the annual physical
examinations schedule as specified in Section 17 3 may require the employee to
submit to drug and/or alcohol abuse testing
17 3 The Village shall have a yearly physical examination for each employee Upon
receipt of a physician's clearance, a baseline Thallium Stress Test shall be part of
each physical examination for employees fifty (50) years of age or older
17 4 The Village reserves the right to randomly perform drug and/or alcohol tests on
members of the bargaining unit at the discretion of the Chief of Police The
Village also reserves the right to perform drug and/or alcohol testing when a
Police Department supervisor reasonably suspects an employee to be under the
influence of an ilhcit narcotic substance or alcohol in the workplace
17 5 The following cutoff concentrations shall be applicable for determining whether
specimens are negative or positive for the following drugs or classes of drugs for
the testing procedure A positive result shall be a concentration in excess of those
limits below
Initial Test Level (ng/mL)
Marijuana (Cannabinoids) 50
Cocaine 100
Opiates (Heroin Morphine Codeine) 300
Phencyclidine (PCP) 25
Amphetamines 500
Methaqualone 100
Methadone 300
23
Propoxyphene 300
Tricyclic Antidepressants 300
Barbiturates 300
Alcohol (Ethanol) 0 04 g%
17 6 Analysis of specimens shall be performed only by laboratories licensed or
certified by the State of Florida, Agency for Health Care Administration (AHCA)
or the Federal Substance Abuse and Mental Health Services Administration
(SAMHSA), utilizing qualified sites and employing collectors trained to follow
authorized collection protocols and properly maintain legal specimen chain -of -
custody
17 7 A Certified Medical Review Officer (MRO) shall review all negative and
confirmed positive laboratory reports Confirmed positive results shall only be
reported to the Village after the MRO has ascertained that personal prescriptions
or other legal substances do not account for the laboratory findings Investigations
may include, as appropnate, telephone contact with the employee and any
prescnbing physicians Employees may consult the Village appointed MRO
concerning drugs and/or drug groups that may be tested for under this policy
17 8 All positive initial tests shall be confirmed using gas chromatography/mass
spectrometry (GC/MS) or an equivalent or more accurate scientifically accepted
method A confirmed positive testing employee will be given a Notice of Positive
Drug Test Result letter containing both, the laboratory and MROr's telephone
numbers as well as pertinent information concerning the drug and/or alcohol test
result challenge/appeal process Within five (5) working days of receiving
written notice of a confirmed positive test result which has been verified,
employees may submit to the Village and/or MRO explaining or contesting the
test results If the Village disagrees with the employee's position, it shall respond
within fifteen (15) days from the receipt of a formal challenge of the test results
If the employee wishes to maintain the challenge, within thirty (30) days from the
receipt of the Village's written response, the employee may appeal to a Court of
competent jurisdiction and/or a Judge of Compensation Claims (if a workplace
24
injury has occurred) Upon initiating a challenge, it shall also be the employee's
responsibility to notify the testing laboratory which must retain the specimen until
the case is settled
17 9 All information, including interviews, reports, statements, memoranda, and drug
test results, written or otherwise, received by the Village, drug testing
laboratones, MRO, Employee Assistance Program drug and alcohol rehabilitation
providers, and their agents who receive or have access to information concerning
drug and/or alcohol test results originating from testing performed in conjunction
with this Policy, is to be treated as confidential Such information may not be used
or received in evidence, obtained in discovery or disclosed in any public or
pnvate proceedings unless a written release, including consultation with legal
counsel, is required to defend related civil or administrative matters such as
determining compensability under Chapter 440, Flonda Statutes, or unless such
release is compelled by a hearing officer or court of competent jurisdiction
pursuant to an appeal taken under this Section, or unless deemed appropriate by a
professional or occupational licensing board in a related discharge proceeding
Release of such information under any circumstances other than as set forth
above, shall be pursuant to a wntten consent form signed voluntanly by the
employee tested Information on drug and/or alcohol test results shall not be
released or used in any criminal proceeding against an employee or job applicant
and if released contrary to this Section, the information shall be inadmissible as
evidence in any such criminal proceeding
17 10 Nothing in this Article is intended to prohibit the prescnbed use of legally
obtained medications which may contain controlled substances within the drugs
and drug groups tested for in this Article Because of potentially impairing side -
effects which could endanger the employee, coworkers, or the public, upon being
prescnbed such medications, all employees have a duty to contact the MRO
before they report to work The MRO will determine which duties (if any) the
employee may perform while taking the impairing or potentially impairing
medication(s) and will so notify the Police Chief or his designee
1711 Employees may contact the Village's MRO to ask questions concerning
25
prescnbed medications they are taking for clarification purposes involving fitness
for duty assessments
17 12 To discourage the use and/or distnbution of illegal drugs and/or alcoholic
beverages in the workplace, upon reasonable suspicion, searches for alcohol,
drugs and/or paraphernalia may be conducted on the Village's property or
worksites of areas accessible to employees, including, but not limited to Village
owned vehicles, equipment boxes, lockers, desks, etc Discovered illegal items
will be referred to law enforcement for disposition
17 13 Disciplinary consequences for violating this Article are the immediate discharge
of the employee for proper cause and the potential denial of Unemployment
Compensation as specified per Section 443 101, Florida Statutes An employee
injured and subsequently confirmed positive for drug and/or alcohol based upon
post -accident testing results shall hkewise be terminated from employment and
may lose Workers' Compensation benefits
17 14 Any decision made or action taken which adversely affects the employee under
this Article is subject to the grievance and arbitration procedure of this
Agreement
26
ARTICLE 18
LEGAL REPRESENTATION
18 1 Whenever a civil suit in tort is brought against an employee for injuries or
damages suffered as a result of any act, event, or omission of action which is
alleged to have occurred while the employee was on duty or acting within the
scope of his employment, the Village shall investigate the circumstances to
determine whether 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
18 2 If the Village determines that the employee did not act in bad faith or with
malicious purpose or in a manner exhibiting wanton and willful disregard of
human nghts, safety or property, the Village shall undertake the defense of the
employee as required by law Said defense shall cease upon judicial finding, or
finding by the Village, 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
27
ARTICLE 19
OFF -DUTY POLICE WORK
19 1 Off -duty police work as authonzed by the Police Chief shall be compensated at the
rate of not less than twenty nine dollars ($29 00) per hour for all police officers
There shall be a flat administrative fee of fifteen dollars ($15 00) per shift charged
by the Village to the applicant
19 2 Off -duty employers will guarantee a minimum employment penod of four (4) off -
duty hours for each assignment requested of the Police Department (work
assignments can be spht between employees)
19 3 Employees assigned to off -duty law enforcement jobs shall be fully protected in case
of injury dunng such assignment by the Village s Workers Compensation coverage
19 4 Assignments of off -duty police work shall be fairly and evenly distributed among
eligible employees Full time employees shall have the nght of first refusal in off -
duty and detail police work assignments
19 5 When a detail requires four (4) or more employees, whenever possible, one of the
four employees shall be a supervisor A Police Sergeant shall be compensated at
the rate of not less than thirty-one dollars ($31 00) per hour If no supervisor is
available to work the detail, then the on -duty supervisor shall be assigned to
monitor the detail
19 6 If the employee works an off -duty assignment which falls on a recognized Village
holiday, they are entitled to the off -duty rate specified in 19 1 or 19 5 above at
time and one-half
28
ARTICLE 20
SEVERABILITY AND ZIPPER CLAUSE
20 1 Should any provision of this Agreement, or any part thereof, be rendered or
declared invalid by reason of any existing or subsequently enacted state or federal
law, or by any decree of a court of competent jurisdiction, all other articles and
sections of this Agreement shall remain in full force and effect for the duration of
this Agreement The parties agree to immediately meet and confer concerning
any invandated provision(s)
20 2 The parties acknowledge that during the negotiations which resulted in this
Agreement, each had the unlimited right and opportunity to make demands and
proposals with respect to any subject or matter not removed by law from the area
of collective bargaining and that the understanding and agreement arrived at by
the parties after the exercise of that right and opportunity are set forth in this
Agreement Therefore, the Village and the Union, for the life of this Agreement,
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
referred to or covered by this Agreement and with respect to any subject or matter
not specifically referred to or covered in this Agreement, even though such
subject or matter may not have been within the knowledge and -contemplation of
either or both of the parties at the time they negotiated or signed this Agreement
This Agreement contains the entire Agreement of the parties on all matters
relative to wages, hours, terms and conditions of employment as well as all other
matters, which were or could have been negotiated prior to the execution of this
Agreement This Section does not prohibit the parties from entering into
negotiations concerning the terms of a successor Agreement
29
ARTICLE 21
MISCELLANEOUS PROVISIONS
21 1 Locker Room Facilities
A The Village agrees to maintain locker room facilities for bargaining unit
employees of the Police Department as appropriate
B Said locker room facilities shall consist of, but not limited to, the following
1 Lockers,
2 Showers
C An agent of the Village shall not inspect an employee's locker space without
another employee present as a witness However, if the Chief of Police
determines that circumstances warrant immediate inspection or opening of an
employee's locker and there are no other employees available to act as
witnesses, the Chief of Police, in his discretion, may authorize that the locker
be opened and/or inspected as needed The Village shall be financially
responsible for reimbursing an employee for loss or destruction of property by
an agent or employee of the Village during said inspection, excluding the
locking device if the employee was given the opportunity to open said locker
212 Voting
During a primary, special or general election, an employee who proves he/she is
registered to vote, whose schedule does not allow sufficient time for voting, shall
be allowed necessary time off with pay for this purpose Where the polls are open
two (2) hours before or after the employee's regularly scheduled work period, it
shall be considered sufficient time for voting
21 3 Publication of the Agreement
The Union will undertake the responsibility of printing the necessary number of
copies of this Agreement for employees
21 4 General Provisions
A Employees shall not be required to use their pnvate vehicles in the
performance of assigned duties
B Employees shall be furnished with parking facilities at the Police Department
Said parking facilities shall be furnished at no cost to the employees
30
C If, in the sole discretion of the Village Manager, or in her absence, the Village
official so designated by law to act in her absence, it is determined that a civil
emergency conditions exist, including but not limited to riots, civil disorders,
hurricane conditions or similar catastrophes, the provisions of
this Agreement may be suspended by the Village Manager or designated
Village Official during the time of the declared emergency, provided that
wage rates and monetary fringe benefits shall not be suspended
215 Emergencies
For the purpose of this Agreement, emergencies shall be defined as situations
where it is clearly necessary to provide basic minimum services where no
regularly scheduled employee is available
31
ARTICLE 22
HEALTH AND LIFE INSURANCE COVERAGE
22 1 Medical Insurance Coverage — Employees will receive fully paid individual or
family health insurance coverage with mandatory participation in the plan during
the hfe of this Agreement
22 2 Life Insurance Coverage — Each employee is entitled to have hfe insurance
coverage paid for by the Village in the amount equal to two times (2x) the
employee's annual salary
32
ARTICLE 23
WORKING OUT OF CLASSIFICATION
23 1 Employees working out of classification at a higher rank for a minimum of four
(4) hours per eight (8) hour shift or for a minimum of six (6) hours per twelve
(12) hour shift, shall receive five percent (5%) above their current rate of pay for
those hours actually worked in that higher rank capacity
33
ARTICLE 24
MAINTENANCE OF STANDARDS
24 1 All current employment practices and benefit levels currently granted unto the
employees that are not found within this Agreement shall remain in full force and
effect dunng the life of this Agreement
34
ARTICLE 25
HOLIDAYS
25 1 There will be twelve (12) paid holidays granted per year If an employee actually
works the holiday, he shall receive pay at time and one-half Employees are also
entitled to three (3) additional personal leave days per year, one of which will be
the employee's birthday Permission to take the employee's birthday off on a date
other than the employee's actual birthday must be done with the permission of the
Chief of Police through the chain of command
35
ARTICLE 26
SHIFT PAY DIFFERENTIAL
26 1 When an employee is actually assigned to the 7 00 p m to 7 00 a m work shift,
he shall receive a three percent (3%) increase to their base pay This shift pay
differential shall not apply to emergency assignment situations or during overlap
situations Employees held over into the 7 00 p m — 7 00 a m hours or called in
during these hours, shall receive overtime pay only
36
ARTICLE 27
FIELD TRAINING OFFICERS
27 1 Employees, who actually serve as field training officers, shall receive an
additional one dollar ($1 00) per hour to their regular hourly rate of pay for only
those hours actually spent performing the functions of a field training officer as
certified by the Chief of Police Assignment to the field training officer position
shall be done on a rotating basis
37
ARTICLE 28
WAGES AND LONGEVITY
281 Wages
A Appendix "A" are the two (2) employee Graded Service Salary Plans
(hereinafter, "GSSP")
B Effective October 1, 2006, the GSSP reflects a three percent (3%) cost of
living adjustment Effective October 1, 2006 the GSSP reflects, for
employees hired on or prior to the ratification of this Agreement by both
parties, a two percent (2%) ratification increase
C Effective October 1, 2007, the GSSP reflects a three percent (3%) cost of
living adjustment
D Effective October 1, 2008, the GSSP reflects a three percent (3%) cost of
living adjustment
E Employees hired after the ratification of this Agreement by both parties are
not entitled to the two percent (2%) ratification increase and their wage rates
are reflected appropriately in Appendix "A" within a newly created seven (7)
step plan
F During the life of this Agreement should any Village employee receive a
yearly cost of living adjustment increase higher than three percent (3%), said
additional increase will be afforded to the membership of this bargaining unit
G Employees will continue to move from step to step within the GSSP on their
respective anniversary dates
28 2 Longevity Pay
A Employees with fifteen (15) or more years of service will receive an
additional five percent (5%) to their base pay
B Employees with twenty (20) or more years of service will receive an
additional five percent (5%) to their base salary
38
ARTICLE 29
SICK LEAVE
29 1 Employees will be credited with eight (8) hours of sick leave per month for a total
of ninety six (96) hours of sick leave per year
29 2 Sick leave may be accumulated up to a maximum of four hundred and eighty
(480) hours Employees who have presently exceeded the four hundred and
eighty (480) hour accumulation will, upon the execution date of this Agreement,
have their accumulation capped and any excess sick leave time will be governed
by Section 30 2 of this Agreement Future sick leave accumulation for these
individuals who exceed the aforementioned cap will be governed by Section 30 3
of this Agreement
29 3 Upon separation of employment from the Village of Key Biscayne Police
Department, an employee's accumulated sick leave may be placed in the Retiree
Health Savings Plan as provided for herein under Article 30 at a rate of ten (10%)
percent per year up to a maximum of one hundred (100%) percent after ten (10)
years of service, or paid to the employee or his designated beneficiary at the
current hourly rate of the employee at the time of the separation from
employment
39
ARTICLE 30
RETIREE HEALTH SAVINGS PLAN
30 1 The Village agrees to establish and to participate in a post -employment retiree
health savings plan for the benefit of the bargaining unit members
30 2 Upon ratification of this agreement, all existing sick leave accumulations beyond
four hundred eighty (480) hours as specified in Section 29 2 of the Agreement
will mandatorily be placed into a deferred compensation retiree health bank, for
use by the employee upon retirement in accordance with the savings plan
specifications
30 3 During the life of this Agreement, any sick leave accumulations which exceed the
four hundred eighty (480) hour cap set by Section 29 2 of this Agreement will be
placed, without exception in the deferred compensation retiree health bank for use
by the employee upon retirement in accordance with the savings plan
specifications
30 4 Any and all administrative fees associated with the set up and maintenance of the
retirees' health savings plan are to be borne solely by the employee Nothing
shall prohibit an employee from making their own voluntary contributions to their
retiree health savings plan in accordance with the savings plan specifications
40
ARTICLE 31
DURATION OF AGREEMENT
30 1 Except as specifically provided otherwise in this Agreement, this Agreement shall
take effect upon ratification by both parties and shall continue in full force and
effect through September 30, 2009
30 2 The Agreement shall continue in full force and effect for its term and shall be
automatically renewed on an annual basis thereafter, unless the Union provides
wiitten notification to the Village not less than sixty (60) days prior to the
expiration date set forth above of its decision to negotiate a successor collective
bargaining agreement After receipt of said written notice, negotiations shall
commence no later than thirty (30) days before the expiration of this Agreement
Nothing shall preclude the parties from mutually agreeing to negotiate a successor
agreement prior to the sixty (60) days before the expiration of this Agreement
Executed on this day of February, 2007
For the Village of Key Biscayne
•
Jacq / line R Menen
Village Manager, : iscayne
Robert L Vernon
Mayor, Key Biscayne
For the Teamsters,
Local Union 769
Teamsters,
Mike Scott, Presi 'nt
769
John ' Berman,
Busi , : s Representative
Tea ters, Local 769
41
APPENDIX A
GRADED SERVICE SALARY PLANS
A October 1, 2006 — September 30, 2007
Police Officers
POLICE OFFICERS Hired Prior to or On Date of Ratification
STEPS
SALARY
1
$43 574 81
2
$45 753 56
3
$48 041 22
4
$50 443 29
5
$52 965 46
6
$55 613 74
7
$58 394 42
8
$61 314 14
9
$64 379 84
10
$67 598 84
POLICE OFFICERS Hired After Date of Ratification
STEPS
SALARY
1
$42 720 40
2
$44 856 43
3
$47 099 24
4
$49 454 21
5
$51 926 92
6
$54 523 27
7
$57 249 43
Police Sergeants
POLICE SERGEANTS Hired Prior to or On Date of Ratification
STEPS
SALARY
1
$56 225 54
2
$59 036 81
3
$61 988 65
4
$65 088 09
5
$68 342 49
6
$71 759 62
7
$75 347 59
8
$79 114 98
9
$83 070 73
10
$87 224 26
42
POLICE SERGEANTS Hired After Date of Ratification
STEPS
SALARY
1
$55 123 08
2
$57 879 23
3
$60 773 19
4
$63 811 85
5
$67 002 44
6
$70 352 57
7
$73 870 19
B October 1, 2007 — September 30, 2008
Police Officers
POLICE OFFICERS Hired Prior to or On Date of Ratification
STEPS
SALARY
1
$44 882 05
2
$47 126 17
3
$49 482 46
4
$51 956 59
5
$54 554 42
6
$57 282 15
7
$60 146 25
8
$63 153 56
9
$66 311 24
10
$69 626 81
POLICE OFFICERS Hired After Date of Ratification
STEPS
SALARY
1
$44 002 01
2
$46 202 12
3
$48 512 21
4
$50 937 83
5
$53 484 73
6
$56 158 97
7
$58 966 91
43
Police Sergeants
POLICE SERGEANTS Hired Prior to or On Date of Ratification
STEPS
SALARY
1
$57 912 31
2
$60 807 91
3
$63 848 31
4
$67 040 73
5
$70 392 76
6
$73 912 41
7
$77 608 02
8
$81 488 42
9
$85 562 85
10
$89 840 99
POLICE SERGEANTS Hired After Date of Ratification
STEPS
SALARY
1
$56 776 77
2
$59 615 60
3
$62 596 38
4
$65 726 21
5
$69 012 51
6
$72 463 15
7
$76 086 29
C October 1, 2008 — September 30, 2009
Police Officers
POLICE OFFICERS H
red Prior to or On Date of Ratification
STEPS
SALARY
1
$46 228 52
2
$48 539 95
3
$50 966 93
4
$53 515 29
5
$56 191 06
6
$59 000 62
7
$61 950 64
8
$65 048 17
9
$68 300 57
10
$71 715 61
44
POLICE OFFICERS Hired After Date of Ratification
STEPS
SALARY
1
$45 322 07
2
$47 588 19
3
$49 967 58
4
$52 465 97
5
$55 089 27
6
$57 843 74
7
$60 735 92
Police Sergeants
POLICE SERGEANTS Hired Prior to or On Date of Ratification
STEPS
SALARY
1
$59 649 68
2
$62 632 15
3
$65 763 76
4
$69 051 95
5
$72 504 55
6
$76 129 78
7
$79 936 26
8
$83 933 07
9
$88 129 74
10
$92 536 22
POLICE SERGEANTS Hired After Date of Ratification
STEPS
SALARY
1
$58 480 07
2
$61 404 07
3
$64 474 27
4
$67 697 99
5
$71 082 89
6
$74 637 04
7
$78 368 88
45