HomeMy WebLinkAbout2008-308 f
CONTRACT
BETWEEN
INDIAN RIVER COUNTY
AND
TEAMSTERS LOCAL UNION NO . 769
October 1 , 2008 - September 30 , 2011
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ARTICLE 1
RECOGNITION
1 . 1 Indian River County (the " County") recognizes Teamster Local Union #769
affiliated with the International Brotherhood of Teamsters (the " Union " ) as the
exclusive bargaining agent for PERC purposes for the employees in the unit
designated by the Florida Public Employees Relations Commission ( PERC ) in
Certificate # 1067 excluding all other employees . Probationary employees shall
have no grievance rights whatsoever .
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ARTICLE 2
INTENT AND PURPOSE
2 . 1 It is the intent and purpose of the parties hereto to set forth herein the basic
agreement covering rates of pay , hours of work , and conditions of employment ;
to achieve and maintain harmonious relations between the County and the
union ; to ensure the continuous , uninterrupted and efficient operation of all
departments ; and to provide for the prompt and amicable adjustment of
differences which may arise .
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ARTICLE 3
GENERAL
3 . 1 Masculine pronouns used herein shall refer to men or women or both . The use of
masculine job classification titles shall be construed as including both genders .
3 . 2 Unless otherwise stated in this agreement , references to " days" shall mean
calendar days and not work days .
3 . 3 The term " Department Head " as used in this agreement is defined as the level of
administrator in the employees' department or division who reports directly to the
County Administrator.
3A Whenever the terms " County Administrator" or " Department Head " are used , the
terms shall be interpreted to include their duly authorized representatives .
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ARTICLE 4
NONDISCRIMINATION
4A Neither the County nor the union shall discriminate or permit the unlawful
harassment against any employee covered by this agreement because of race ,
religion , color, national origin , age , gender , or disability in a manner which would
violate any applicable law .
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ARTICLE 5
CORRESPONDENCE
5 . 1 By mutual agreement of the Employer and the Union , there is hereby established
a Joint Labor- Management Committee , which shall consist of not more than four
(4 ) members designated by the Union and four (4) members designated by the
County . The Union Committee membership shall consist of persons from within
the position classifications covered by this agreement . Permanent members of
the committee will be the Union Business Agent , the Chief Steward , and the
County Human Resources Director. Nothing herein requires the attendance of
the County Administrator at any Labor-Management Committee meeting .
5 . 2 This Labor- Management Committee shall meet if mutually agreed to by both
parties , and such meetings may be held during working hours (see Article 11 . 4) .
5 . 3 The purpose of these meetings will be to discuss the problems and objectives of
mutual concern , but in no way shall involve specific grievances filed or
contemplated or matters which have been the subject of current collective
bargaining issues between the parties .
5 . 4 An agenda , listing the items for discussion , will be forwarded by the party
requesting such meeting to the other party no later than three ( 3 ) days prior to
the meeting .
5 . 5 Unless otherwise provided in this agreement all correspondence from the union
to the County shall be directed to the Human Resources Director and all
correspondence from the County to the union shall be directed to the business
representative . To comply with the time limits contained in this agreement , such
correspondence shall actually be received by the Human Resources Director or
union business representative on or before the date due unless sent via the U . S .
Postal Service . When the U . S . Postal Service is utilized , all time limits contained
in this agreement shall be considered to be met so long as the postmark date is
in compliance with the specified time limit .
5 , 6 It is the responsibility of the union to furnish the County with a mailing address
for it and to advise the County of any address changes . The initial addresses
are as follows :
COUNTY UNION
Indian River County Teamsters Local Union #769
180027 th Street 3400 43rd Avenue , Suite 3
Vero Beach , FL 32960 Vero Beach , FI 32960- 1808
(772) 567 -8000 (772 ) 978-0011
5 , 7 Each party shall copy the other on any and all correspondence pertaining to the
contract sent to or received from PERC .
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ARTICLE 6
BULLETIN BOARDS
6 . 1 The County will furnish space for the Union to place one bulletin board at each
location where bargaining unit employees regularly report to work .
6 . 2 The Human Resources Director shall approve the exact location for placement of
all bulletin boards . Bulletin boards may be no larger than 20 inches by 30
inches , unless mutually agreed to by the parties .
6 . 3 All notices placed on such bulletin boards shall relate solely to official union
business . Notices posted shall not contain derogatory , defamatory , inflammatory ,
or untrue statements about the County or any of its officials . Bulletin boards
shall not be used to communicate with the general public , to distribute political
matter, or for advertising . All notices shall clearly state that they are "Teamster
Notices " and shall be signed and dated by the union business representative or
chief steward , who will accept full responsibility for their content . The Union shall
attempt to furnish a copy of any material to be posted to the Human Resources
Director or her designee prior to posting . If the Union is unable to furnish the
materials prior to posting , the materials shall be furnished as soon as possible
after posting .
6 . 4 The union stewards shall check all bulletin boards at reasonable intervals to
ensure that no unauthorized materials have been posted . If unauthorized
materials have been posted or if the union chief steward has been notified that
bulletin boards contain unauthorized materials , the union chief steward shall
cause such unauthorized materials to be removed immediately . If the
unauthorized material is not removed by the union chief steward , it may be
immediately removed by the County . Employees who post material that violate
this Article may be subject to disciplinary action in accordable with applicable
rules and regulations .
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ARTICLE 7
MANAGEMENT RIGHTS
7 . 1 Except as otherwise specifically limited in this agreement , the Union recognizes
and agrees that the supervision , management , control and determination of the
County business , operations , working force , equipment , and facilities are
exclusively vested in the County and its designated officials , administrators ,
managers , and supervisors . The County alone shall have the authority to
determine and direct policies , mode , and methods of providing its services and
unilaterally set the standards for same , without any interference in the
management and conduct of the County' s business by the Union or any of its
representatives . Except as expressly limited by a specific provision of this
agreement , the County shall continue to have the exclusive right to take any
action it deems necessary or appropriate in the management of its business and
the direction of its work force . Without limiting the generality of the foregoing ,
such rights exclusively reserved to the County shall include but not be limited to
its right to determine the existence or nonexistence of facts which are the basis
of management decisions ; the right to determine the size and composition of its
work forces ; to determine the existence of a job vacancy ; to temporarily fill
vacancies ; to hire new employees from the outside at any level ; to select ,
reinstate , retire , promote , demote , evaluate , transfer, suspend , assign , direct ,
lay-off and recall employees subject to the express provisions of this agreement;
to determine the fact of lack of work ; to determine questions of physical fitness ,
skills and ability of employees to perform the work ; to reward or reprimand , dis-
charge or otherwise discipline employees ; to maintain the minimum quali -
fications/certifications for job classifications and the amount and type of work
needed ; to engage in experimental and development projects ; to determine what
records are to be made and kept , including those records relating to hours of
work of employees , who will make and keep the records , how the records are to
be made and kept ; to establish new jobs , abolish or change existing jobs ; to
determine the assignment of work ; to contract out or subcontract work ; to
schedule the hours and days to be worked on each job and to make time studies
of work loads , job assignments , methods of operation and efficiency from time to
time and to make changes based on said studies ; to expand , reduce , alter ,
combine , transfer , assign , cease , create , or restructure any department or
operation for business purposes ; to control , regulate , and determine the number ,
type and use of supplies , machinery , equipment , vehicles , and other property
owned , used , possessed or leased by the County ; to introduce new, different or
improved methods , means and processes of County services and operations ; to
make or change rules and regulations , policies and practices for the purpose of
efficiency , safe practices and discipline ; and otherwise generally to manage the
County , direct the work force , and establish terms and conditions of employment ,
except as modified or restricted by a provision of this agreement .
7 . 2 The County's failure to exercise any function or right hereby reserved to it, or, its
exercising any function or right in a particular way , shall not be deemed a waiver
to its rights to exercise such function or right , nor precludes the County from
exercising the same in some other way not in conflict with the express provisions
of this agreement . The Union agrees that the County may exercise all of the
above without advising the Union of any proposed action . The exercise of the
rights specifically listed in this article does not preclude the employees or their
representatives from conferring with management , raising questions about the
practical consequences that decision on these matters may have on the terms
and conditions of employment , or impact bargaining in accordance with
applicable law .
7 . 3 Past practices of the Board of County Commissioners or County management
shall not be considered for the purpose of limiting the rights , responsibilities , or
prerogatives of management , nor for the purpose of enlarging upon the specific
and express limitations on management which are contained in this agreement.
7A If the County determines that civil emergency conditions exist , including but not
limited to riots , civil disorders , strikes or illegal work stoppages , hurricane
conditions or similar catastrophes or disorders , the provisions of this agreement
may be suspended by the County during the term of the declared emergency .
Notwithstanding the provisions of Article 5 , Correspondence , notice of such
suspension will be given to the union president as soon as practicable after the
determination has been made and by whatever means is appropriate in the
circumstances .
7 . 5 The employer will not unilaterally change , except as allowed herein or by the
Florida Public Employees Relations Act , employees ' wages , hours , or working
conditions established by this agreement or working conditions known to
management which existed prior to this agreement .
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ARTICLE 8
SUBCONTRACTING
8 . 1 For purpose of this agreement subcontracting shall mean work which is
contracted out by the County to an agency , person , company , or other provider
which results in the direct displacement or layoff of then existing bargaining unit
employees or existing bargaining unit work .
8 . 2 The County reserves the right to subcontract work . Should subcontracting occur
which will result in the elimination of budgeted bargaining unit positions , the
County agrees to notify the union when the request to subcontract is put on the
County Commission agenda . The union reserves the right to appear before the
County Commission and express its position to the County Commission for
consideration at the time the Commission considers the subcontracting agenda
item . If employees are laid off due to subcontracting , they shall have the rights
provided under Article 25 , Separations .
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ARTICLE 9
AVAILABILITY
9 . 1 All County employees are subject to call back and as such shall keep the County
informed of their address and telephone number, if they have a phone . If the
employee has no telephone , it shall be the employee 's responsibility to provide
another means of communication which will provide access within 15 minutes .
9 . 2 All employees being paid for stand - by must maintain availability during such
stand - by period . Employees who do not answer a page during such stand - by
status shall be subject to disciplinary action and will not receive payment for the
designated stand - by period .
9 . 3 The parties recognize that the employees covered by this agreement are
essential to the successful operations of County facilities and services during a
declared emergency . As such , the parties agree that as a condition of these
employees ' employment with Indian River County , they must be available and
able to report to work and perform assigned duties as directed by management
during a declared emergency . The failure to report to work and /or perform
assigned duties as directed by management during a declared emergency may
be cause for disciplinary action up to and including termination of employment
with Indian River County .
9 . 4 The County will attempt to provide employees as much notice as possible that
they will be required to work during the declared emergency . The County will
also attempt , where able under the circumstances , to give employees twenty-
four hours of time ( unpaid if other County employees are not paid ; paid if other
County employees are paid ) to secure their families and personal property prior
to reporting for duty before the event . After the event , the County will attempt ,
where able under the circumstances , to release employees who were required to
work through the event from duty to secure their families and personal property .
Employees required to work during County declared emergencies shall be paid
one and one half ( 1 1 /2 ) times their regular rate of pay for all hours worked
during the declared emergency in lieu of regular pay . Nothing herein prevents
the County , on an event-by-event basis and in its discretion , from paying
employees required to work during declared emergencies more than one and
one half ( 1 1 /2 ) times their regular rate of pay .
9 . 5 The County shall provide food and shelter for personnel who are required to
work during a County declared emergency , unless circumstances render the
County unable to do so .
9 . 6 The County shall provide leave before , during , and after a declared emergency
as required by the Family and Medical Leave Act.
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ARTICLE 10
SAFETY
10 . 1 All employees and the County shall be responsible for following the provisions of
the safety policy manual provided to them . The County shall continue to have
the right to unilaterally establish , adopt , change , amend , withdraw , and enforce
the employee safety manual so long as such actions do not result in a conflict
with the specific terms and conditions of this agreement . Changes to the
employee safety policy manual will be conspicuously posted in all work areas .
Except in the case of any emergency , such changes will be posted at least five
working days before the effective date of the change . Failure to follow
prescribed safety procedures may result in disciplinary action .
10 . 2 Protective devices , wearing apparel , and other equipment necessary to protect
employees from injury shall be provided by the County . Such items , when
provided , must be used and the Union agrees that willful neglect or failure by an
employee to obey safety regulations and to use safety equipment shall be just
cause for disciplinary action . Protective devices , apparel , and equipment
applicable herein are listed below.
A . gloves
B . rubber boots (when required )
C . safety hard hats (when required )
D . safety vests (when required )
E . safety goggles (when required )
F . uniforms
G . sunscreen
H . safety glasses
I . rain gear (when required )
Those employees required to wear safety shoes in accordance with this article
shall be paid $ 125 annually . Such payment shall be made the first full pay period
of October each year. New employees hired on or after October 1 will not be
eligible for the payment until the following October.
10 . 3 Any employee shall have the right to present safety concerns and recommended
solutions in writing to the Risk Manager. The Risk Manager shall respond in
writing to the employee within 15 working days .
10A The County shall provide copies of the safety policy to all employees .
10 . 5 Employees determined by the County to be at risk shall be provided vaccinations
for Hepatitis "A " and Triple "T" (Typhoid , Tetanus & Diphtheria) , including follow-
up visits deemed necessary by the health care professional to complete the
vaccinations .
ARTICLE 11
UNION REPRESENTATION & ACCESS
11 . 1 The union will not be required to represent in a grievance any employee who is
not a member of the union .
11 . 2 For the purpose of representing employees in accordance with the provisions of
Article 24 , " Grievance Procedure , " the union may designate a maximum of 16
stewards . Each steward will represent employees only in his/her department or
group of departments , as follows :
Area Maximum # of Stewards
Parks , Recreation 2
Building & Grounds 1
Road & Bridge , Public Works , Engineering
Traffic Engineering , Vehicle Maintenance 4
Golf Course 1
Solid Waste/Refuse , Solid Waste Management ,
Solid Waste Recycling 2
Sewage Treatment 2
Water Production 2 (one per plant)
Utility Operations 2
The union may designate one of the stewards to be the Chief Steward .
11 . 3 The business representative of the union shall notify the Human Resources
Director, in writing , of the name of the stewards and the areas they are
representing , at least three days before they assume duty . If no such notice has
been given , the County has no duty to recognize the stewards .
11 . 4 The union steward may represent the union or union members in matters
appropriate for grievance handling as set forth in this agreement . Stewards shall
not spend time on union business during working hours . Notwithstanding the
above , when appropriate and in order to facilitate the scheduling of meetings and
resolution of grievances , the County Administrator , in his sole discretion , or his
designee may grant time off with pay to a steward to attend grievance hearings
or meetings .
11 . 5 Officers or agents of Teamsters Local Union # 769 , except County employees on
duty , shall be allowed reasonable access to work sites and locations of the
County with the advance approval of appropriate County officials , provided that
such access shall in no way interfere with the efficient operation of any
department or crew .
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11 . 6 The union agrees that , during the term of this agreement , its non -employee
representatives and stewards shall deal only with the County Administrator, the
County Attorney , or the Human Resources Director, or their designees , in
matters subject to discussion in this agreement . This does not prohibit a steward
from addressing the concerns of individual employees with a supervisor or
department head .
11 . 7 No union member , agent or representative of the union , or any person acting on
behalf of the union may solicit County employees during the working hours of
any employee who is involved in the solicitation , nor distribute literature during
working hours in areas where the actual work of County employees is performed .
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ARTICLE 12
PAYROLL DEDUCTION OF UNION DUES
12 . 1 Upon receipt of a signed authorization in an acceptable form from an employee ,
the initiation fee and regular monthly dues of the union shall be deducted from
such employee 's pay . Such deduction shall be effective on the next regular dues
deduction period following the date it is received in the Human Resources
Department . The County will not deduct dues in arrears except to correct errors
made by the County .
12 . 2 One- half of the monthly union dues shall be deducted in each of the first two pay
periods of each month and shall be remitted by the County no later than the
fifteenth of the following month to the officer and address designated by the
secretary-treasurer of the union . The union will refund to the County any amount
paid to the union in error on account of the dues deduction provision . The union
shall give the County a minimum of thirty days written notice of the effective date
and amount of any change in the amount of the dues to be deducted .
12 . 3 No deduction shall be made from the pay of any employee during any payroll
period in which the employee's net earnings for the payroll period are less than
the amount of dues to be paid .
12A An authorization for dues deduction may be canceled after thirty days from the
date written employee notice of the cancellation is received by the Human
Resources Department of the County . A copy of the cancellation notice shall be
provided to the union by the employee and the employee shall certify to the
County that the union has been notified as required by the authorization card .
12 . 5 The union shall indemnify the County and any department of the County and
hold it harmless against any and all claims , demands , suits , or other forms of
liability that may arise out of, or by reason of, any action taken by the County or
any department of the County for the purpose of complying with the provisions of
this article .
12 . 6 An employee permanently transferred to a classification not in the bargaining unit
or whose employment is terminated shall cease to be subject to union dues
deduction beginning with the month after the month in which such change in
employee status occurs .
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ARTICLE 13
NO STRIKE = NO LOCKOUT
13 . 1 During the term of this agreement , neither the union nor its agents nor any
employee , for any reason , will authorize , institute , aid , condone , or engage in a
slowdown , work stoppage , strike , or any other interference with the work and
statutory functions or other obligations of the County . During the term of this
agreement neither the County nor its agents for any reason shall authorize ,
institute , aid , or promote any lockout of employees covered by this agreement as
a result of a labor dispute with the union , unless there is a violation of the union ' s
no strike commitment .
13 . 2 The union agrees to notify all local officers and representatives of their obligation
and responsibility for maintaining compliance with this article , including their
responsibility to remain at work during any interruption which may be caused or
initiated by others , and to encourage employees violating Article 13 to return to
work .
13 . 3 The County may discharge or discipline any employee who violates Section 13 . 1
and any employee who fails to carry out his responsibilities under Section 13 . 1 ,
and the union will not resort to the grievance procedure on such employee' s
behalf except to determine if the prohibited action did in fact occur .
13A Nothing contained herein shall preclude the County from obtaining judicial
restraint and damages in the event of a violation of this article .
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ARTICLE 14
NO CONCURRENT EMPLOYMENT
14 . 1 During working hours , the employee is to concern himself strictly with the
business of the County and the duties of his position . At no time during working
hours shall the employee perform any services or make or receive any telephone
calls on behalf of any other agencies or for any private business enterprise or
employment that are not a part of the employee's job responsibilities with the
County . Additionally , neither the County uniform nor County vehicles are to be
worn or used while performing any services or doing any private business that is
not a part of the employee ' s job responsibilities with the County .
14 . 2 Employees who have accepted outside employment are not eligible for paid sick
leave when the leave is used to work on the outside job . Fraudulent use of sick
or personal absences will be cause for disciplinary action .
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ARTICLE 15
ATTENDANCE AND PUNCTUALITY
15 . 1 It is the policy of the County to require employees to report for work punctually as
scheduled and to work all scheduled hours and any required overtime .
Excessive tardiness and excessive absences disrupt work flow and customer
service and will not be tolerated .
15 . 2 Unauthorized or excessive absences or tardiness will result in disciplinary action ,
up to and including termination . The term " excessive" as used in this section
shall be defined as three (3) or more occurrences in a ninety (90) day period . If
the absence is pre-approved at least twenty-four hours in advance or if the
employee returns to work with a doctor' s note , the absence will not be
considered an occurrence . Absences will be considered " unauthorized " if
sufficient leave is not available for the duration of the absence . Exceptions will
be made for absences that qualify for FMLA leave .
15 . 3 Employees should notify their supervisor as far in advance as possible whenever
they are unable to report for work , know they will be late , or must leave early .
Such notification should include a reason for the absence and an indication of
when the employee can be expected to report for work . If the supervisor is
unavailable , notification of absence shall be left on the division ' s designated
answering machine or with the division clerk .
15A Employees who report for work without proper equipment or in improper attire
may not be permitted to work . Employees who report for work in a condition
deemed not fit for work , whether for illness or any other reason , will not be
allowed to work .
15 . 5 Employees are expected to report to their supervisor after being late or absent ,
giving an explanation of the circumstances surrounding their tardiness or
absence , and certify that they are fit to return to work .
15 . 6 Employees who are absent from work for three consecutive work days without
giving any notice to the County ( unless circumstances beyond the employee ' s
control make the giving of notice impossible) will be considered as having
" abandoned their position " and thereby voluntarily quit . At that time , the County
will formally note the termination and advise the employee of the action and their
right to grieve by certified mail .
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ARTICLE 16
HOURS OF WORK
16 . 1 The work week shall consist of a consecutive seven day period . The work day
shall consist of a twenty-four hour period beginning at 12 : 00 midnight . Regularly
scheduled working hours and days off of employees covered by this agreement
shall not be indiscriminately changed by the County . Changes shall be made by
reason of operational necessity and/or efficiency . Such changes require at least
five working days notice to the affected employees except in the case of valid
public necessity , such as equipment failure , unanticipated employee absences ,
and the like . Employees ' regular work schedules shall contain two consecutive
days off. The County will not change the employees' normal work schedule
within a work week to avoid overtime in that work week .
16 . 2 Lunch of thirty (30) minutes and breaks of fifteen ( 15) minutes shall be
scheduled by the department head /designee unless circumstances prohibit such
break or lunch . Whenever consistent with the efficient operation such lunch
period shall be approximately at the mid -point of the employees' work day .
Whenever consistent with efficient operation breaks may be scheduled by the
department head/designee within the approximate mid - point of both the first and
last half of the employees ' work day ; however, nothing herein should be
construed as preventing the County from providing staggered lunch and break
times .
16 . 3 It is acknowledged by the parties that setting regularly scheduled working hours
as described in Article 16 , HOURS OF WORK, for employees in the Golf Course
Operations (maintenance) unit #418-221 and the Golf Course Clubhouse unit
#418 -236 , is difficult because of the irregular flow of golfers of a daily basis . It is
agreed that employees' working hours may be changed daily to respond to the
above , in accordance with the following procedure :
A . All employees who are scheduled to work on a given day will report for
work at the appropriate time , whether or not they feel there may be work
to perform , unless an employee has contacted the supervisor before the
shift starts and received authorization not to work that day .
B . Employees who do report will be guaranteed work for half their scheduled
hours that day (maybe performing duties other than normal) . The
selection of employees to leave work will be determined as follows :
1 . Ask for volunteers
2 . Selection from part time employees on a seniority basis first, then
3 . Select from remaining employees on a seniority basis
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16 . 4 Employees covered by this Agreement who work (actual work , not leave) sixteen
( 16 ) or more hours in any twenty-four (24) hour period will be required to take a
minimum of eight (8) hours rest immediately before returning to work . Should
the eight ( 8) hour rest period overlap any part of the employee ' s next regularly
scheduled shift , the employee will be paid straight time for the number of hours
which overlap , provided that the employee reports to work the remainder of the
shift . The rest period shall count as hours worked for purposes of overtime .
This provision may be suspended in declared emergencies .
16 . 5 The parties may enter into a Memorandum of Understanding modifying this
Article .
16 . 6 It is agreed by the parties that Water and Wastewater Operators shall be allowed
to bid on their scheduled shift and plant location . The bidding shall take place in
December of each year. The bids shall take effect on the first full pay period in
January . All bids shall be selected in seniority order.
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ARTICLE 17
OVERTIME
17 . 1 It is the policy of the County not to work beyond the regularly scheduled work
week unless conditions warrant .
17 . 2 Management may schedule overtime beyond the standard hours when it is in the
best interest of the County and is the most practical and economical way of
meeting workloads or deadlines .
17 . 3 Employees will be required to work overtime when requested by management
unless excused by management . Employees may volunteer to work overtime
and should communicate that interest to their supervisors . Employees who have
volunteered shall be selected to perform overtime work before non-volunteers ,
unless management determines that work- related reasons exist for selecting
non -volunteers . Overtime will only be scheduled for those employees fully
qualified to perform the work required . In all work units , overtime will be
equalized among employees who are similarly classified , except as addressed in
Section 17 . 4 below . All other factors being the same , seniority may be used as a
selection factor. The County agrees to maintain an overtime distribution list in
each work unit by classification and agrees to use such list in the distribution of
overtime assignments . Employees will be charged for all overtime hours worked
or refused . Employees will be charged for overtime if they cannot be contacted
at their designated phone numbers . The equal distribution of overtime does not
prevent the County from requiring employees that are already engaged in an
unexpected overtime work assignment to continue to work .
17 . 4 For overtime computation , vacation leave , holidays , funeral leave , jury duty , and
military leave shall be considered as time worked . Absences from work while on
sick leave will not be counted as time worked for overtime computation .
Compensatory time shall not be used as compensation for overtime . Bargaining
unit employees who have used sick leave will be called in for mandatory
overtime during the workweek in which they used sick leave only after bargaining
unit employees who have not used sick leave during that workweek have been
called in .
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ARTICLE 18
ON -CALUSTANDBY
18 . 1 On -call duty assignments must be authorized by the department or division
head . This assignment is made when it is necessary that an employee be
available for work due to an urgent situation during off-duty time . Such
assignment will be given to the employees who normally perform the work during
normal hours of work . For employees on a standby status one hour of pay at
time and one- half will be paid for each regular work day and an additional hour of
pay at time and one- half on each non -work day and holidays . On-call hours shall
be in addition to time worked .
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ARTICLE 19
CALL BACK
19 . 1 Call back is work due to an emergency or other urgent situations during off-duty
hours . This call- back pay shall be paid to employees either called during off duty
hours or called back to a work site during off duty hours . This pay shall be as
follows : one hour paid for employees called during off duty hours and two hours
of pay or the actual time worked , whichever is greater, for an employee called
back to a work site during off duty hours . This time shall be considered as time
worked for computing overtime . The call or call back of any employee requires
the prior approval of the department head or designee .
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ARTICLE 20
TEMPORARY ASSIGNMENTS
20 . 1 The County shall not be prevented from temporarily assigning or appointing any
employee to perform work which would normally be done by an employee in
another classification , when at the discretion of the County such an assignment
or appointment is necessary .
20 . 2 An employee temporarily assigned and /or transferred , at the department' s
discretion to perform work outside his normal classification shall suffer no loss of
pay should said temporary assignment be to a lower classification . An employee
who is transferred temporarily to a classification which is not in the bargaining
unit shall be subject to check off deduction during the term of the temporary
transfer.
20 . 3 An employee who is temporarily assigned a position in a higher classification
shall be paid his regular rate of pay for the first five consecutive working days . If
such assignment continues beyond five consecutive working days , the employee
shall receive the minimum rate of pay of the higher classification , $ 10 per day , or
a 5 % raise , whichever is greater for the initial five working days and any work
over five days . Generally , the qualified , most senior employee should be
assigned and any scheduling should not be made to avoid the temporary
assignment pay .
20A An employee who is temporarily assigned to a crew leader or supervisory
position will be paid one hour for each day of the assignment .
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ARTICLE 21
PROBATIONARY PERIOD
21 . 1 The probationary or "working test" period is an integral part of the hiring and
promotion process . It is utilized to closely observe the new employee' s work , to
secure the most effective adjustment of a new employee to the position , and to
reject any employee whose performance does not meet the required work
standards . Probationary employees are generally ineligible for employee
requested transfers or promotions . Probationary employees who are permitted
to transfer or promote shall have their new probationary period run concurrent
with their existing probationary period .
21 . 2 The probationary period shall be six months from the employee' s first day of
work with the County or in the position to which the employee has been
promoted . If the employee has completed the probationary period , the employee
shall be placed on regular status . Absent objection by the Union , the County
may extend the probationary period for up to three months . Such a decision shall
be made at least two weeks before the end of the initial probationary period , and
notice shall be provided to both the employee and the union representative .
21 . 3 Regular status denotes final appointment in a specific County position and
classification following successful completion of the probationary period .
21 . 4 Newly hired probationary employees may be dismissed at any time at the
discretion of the County and are not entitled to the grievance/arbitration
procedures or payments of sick leave or vacation leave at time of termination .
21 . 5 If an employee who is serving a probationary period incurred as a result of a
promotion is found to be unqualified to perform the duties of the higher position ,
a good faith effort will be made to return the employee to the position and status
held immediately prior to the promotion . If the employee's former position is
filled , the employee may be transferred to a vacant position for which the
employee qualifies . If no vacancy exists for which the employee is qualified , the
employee will be placed in a lay-off status with recall rights .
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ARTICLE 22
PROMOTIONS/TRANSFERS
22 . 1 In filling all vacancies in the bargaining unit , employees shall meet the
qualification standards of education , training , certifications , experience , and
other requirements for the position to which the promotion and/or voluntary
transfer is being sought . Standards and qualifications will be established to meet
the basic requirements of the position .
22 . 2 Job openings will be posted on the employee bulletin boards a minimum of five
working days . Promotional job opportunities (within the bargaining unit) will be
posted a minimum of five working days internally prior to being posted to the
outside . Employees , excluding temporary employees , may initiate a written
request for transfer/promotion consideration .
22 . 3 An employee's eligibility for promotion and/or voluntary transfer will be
determined by the requirements of the new job . In addition , the employee must
have both a satisfactory performance record and no disciplinary actions (formal
warning or greater) during the preceding twelve-month period . Employees along
with external applicants will be considered . All things being equal , current
employees shall have preference . Current employee candidates for promotion
and/or voluntary transfer will normally be screened and selected on the basis of
attendance and work records , performance appraisals , and job - related
qualifications including , in some instances , aptitude tests . Seniority will be
considered the deciding factor if two or more candidates are judged to be equally
qualified .
22A Promoted employees shall receive a 5 % raise or the minimum of the new grade ,
whichever is greater .
22 . 5 Promoted employees will be placed on promotion probation status for a period
of six months . At the end of this period the employee may be eligible for a
promotion probationary pay increase .
22 . 6 The County agrees to post management vacancies and will give bargaining unit
employees consideration in filling those vacancies .
22 . 7 Nothing herein shall prohibit the County from transferring employees into vacant
positions without complying with the foregoing provisions in the case of medical
accommodations , disciplinary reasons , voluntary demotions , or other good
cause .
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ARTICLE 23
DISCIPLINE
23 . 1 No employee covered by this agreement shall be disciplined or discharged
without just cause . All discipline or discharge notices shall be in writing with a
copy provided to the employee . Such notices shall contain as complete and
precise an explanation as possible for the action being taken .
23 . 2 The County agrees with the tenets of progressive and corrective discipline ;
however , the County has the right to review the employee ' s work history and
prior record of disciplinary action when determining the appropriate action to be
taken . The County may provide employees with notice of deficiencies and an
opportunity to improve .
23 . 3 Disciplinary actions or measures may include , subject to the rules of the Board of
County Commissioners , any of the following :
A . Written Reprimand
B . Suspension
C . Demotion
D . Discharge
23A All discipline may be processed as a grievance .
23 . 5 If there has been no additional written discipline , disciplinary actions shall not be
considered for purposes of progressive discipline, as follows :
Class 1 offenses after one year .
Class 2 offenses after two years .
Class 3 offenses after three years .
23 . 6 To be considered valid , all discipline and discharge notices shall be administered
within ten ( 10) business days of the County' s discovery of the event giving rise to
the disciplinary action ; or within ten ( 10) business days of the County' s discovery
of the disciplinary event , the County notifies the Union of its intent to investigate
the event giving rise to the discipline .
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ARTICLE 24
GRIEVANCE AND ARBITRATION
GRIEVANCE PROCEDURE
24 . 1 Except when doing so would present an unreasonable risk to the employees '
safety , bargaining unit employees will follow all written and verbal orders given by
superiors even if such orders are alleged to be in conflict with the agreement .
Compliance with such orders will not prejudice the right to file a grievance within
the time limits contained herein , nor shall compliance affect the ultimate
resolution of the grievance .
24 . 2 A " grievance" is a claimed violation of this agreement , including but not limited to
the claim that a discharge or other disciplinary action violated a specific provision
of this agreement . No grievance will or need be entertained or processed unless
presented in the manner described herein , and unless filed in a manner provided
herein within the time limit prescribed herein . A grievance may be filed by a
bargaining unit employee or by the union (hereinafter the "grievant") , In either
case , the procedure to be followed will be the same . The grievant and
management may mutually agree to waive any step . Any employee covered by
this agreement must use this grievance process and has no right to any other
grievance process ( Le . , administrative policy , etc , ) .
24 . 3 Any grievance , defined as a claim reasonably and suitably founded on a violation
of the terms and conditions of this agreement , shall systematically follow the
grievance procedure as outlined herein . Any grievance filed shall refer to the
provision or provisions of the agreement alleged to have been violated , and shall
adequately set forth the facts pertaining to the alleged violation .
24 . 4 Rules of Grievance Processing - It is agreed that:
(A) The time limit at any stage of the grievance procedure may be extended
by written mutual agreement of the parties involved in that step .
( B ) A grievance presented at Step 2 and above shall be dated and signed by
the aggrieved employee presenting it . A copy of the grievance must be
forwarded to Human Resources by the grievant and/or the Union . The
departmental fax machine will be made available for this purpose . A
decision rendered shall be written to the aggrieved employee with copy to
the union and shall be dated and signed by the County' s representative at
that step .
(C) When a written grievance is presented , the County' s representative shall
return a dated and signed copy of it at that particular step .
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( D ) A grievance not advanced to the higher step within the time limit provided
shall be deemed permanently withdrawn and as having been settled on
the basis of the decision most recently given . Failure on the part of the
County' s representative to answer within the time limit set forth in any step
will entitle the employee to proceed to the next step .
( E) When a grievance is reduced to writing there shall be set forth :
1 . A complete statement of the grievance and the facts upon which it
is based ;
2 . The section or sections of this agreement claimed to have been
violated ; and
3 . The remedy or correction requested .
( F ) In the settlement of any grievance resulting in retroactive adjustment ,
such adjustment shall be limited to ten calendar days prior to the date of
the filing of the grievance .
STEPS FOR GRIEVANCE PROCESSING
In the event a grievance arises , the employee must ' discuss the grievance with his
immediate supervisor within five business days after he had knowledge of his
grievance . At the time of submitting the grievance , and to ensure that grievances are
settled at the first opportunity , the aggrieved employee should request an informal
meeting with his supervisor prior to a Step 1 hearing to discuss the circumstances
giving rise to the grievance . In the event the issue in dispute cannot be resolved
between the supervisor and the grievant , the grievance may be presented by the
grievant at Step 1 of the grievance procedure within five working days from the date of
the supervisory meeting . Such written grievance must indicate that the matter had been
reviewed with the immediate supervisor . Any grievance filed over being discharged
shall be directly submitted to Step 3 .
Step 1 : The aggrieved employee shall present his grievance to his division head . The
aggrieved employee may request a representative of the union to be present . The
division head will meet with the aggrieved employee and his representative within five
business days after submission of the written grievance , unless mutually agreed
otherwise . Discussions will be informal for the purpose of settling differences in the
simplest and most direct manner. The division head shall reach a decision and
communicate it in writing to the aggrieved employee with a copy to the union within five
business days from the date the grievance was presented to him . If the Division Head
fails to issue a timely response , then the grievance may be filed to Step 2 .
Step 2 : If the grievance is not settled in the first step ,. the aggrieved employee , within
five business days of the time that the Step 1 decision was rendered , shall forward the
written grievance to the department head . The department head shall meet within five
working days , unless mutually agreed otherwise with the aggrieved employee who may
28
be accompanied by a union steward and the union chief steward . The County will
attempt to coordinate the meeting with both the grievant and the Union . The department
head shall reach a decision and communicate it in writing to the aggrieved employee
with a copy to the Union within five business days of the Step 2 meeting , unless such
time is mutually extended in writing . If the department head fails to issue a timely
response , then the grievance may be filed to Step 3 ,
Step 3 : If the grievance is not settled in the second ' step , the aggrieved employee ,
within five business days of the time that the Step 2 decision was rendered , shall
forward the written grievance to the County Administrator or his designee . The County
Administrator or his designee shall meet with the aggrieved employee , within five
working days , unless mutually agreed otherwise , who may be accompanied by the
union steward , the chief steward , and business representative to obtain the facts in the
case . The County will attempt to coordinate the meeting with both the grievant and the
Union . The County Administrator or his designee shall forward his decision to grievant
with a copy to the union within ten ( 10) business days of the Step 3 meeting , unless this
period of time is extended by mutual agreement of both parties .
Step 4 : In the event that the grievance is not settled at Step 3 within the time allowed , it
may then be submitted to arbitration . Nothing herein will prevent the parties from
mutually agreeing to seek resolution through mediation . The Union and only the Union
shall have the exclusive right to proceed to arbitration on behalf of all the bargaining
unit members . Submission to arbitration must be made within ten days of the time that
the Step 3 hearing decision was rendered ; provided '', however , this period may be
extended upon the mutual agreement of both parties . If the parties fail to agree in the
first instance of an appointment , the Federal Mediation and Conciliation Service shall
be requested to provide a panel of arbitrators from which a selection shall be made .
Hearings before the arbitrator shall be conducted in accordance with the rules of the
Federal Mediation and Conciliation Service . The arbitrator' s decision shall be final and
binding on the parties , but no arbitrator shall have the power to alter, modify , amend ,
add to , or detract from the terms and conditions of the agreement .
24 . 5 As promptly as possible after the arbitrator has been selected , the arbitrator shall
conduct a hearing between the parties and consider the grievance . The decision
of the arbitrator will be served upon the union and the County in writing . It shall
be the obligation of the arbitrator to make a best effort to rule within 30 calendar
days after the hearing and receipt of post-hearing briefs . The expenses of the
arbitration , including the fee and expense of the arbitrator , shall be equally
divided between the parties . Any party desiring a transcript of the hearing shall
bear the cost of such transcript unless the parties mutually agree to share the
cost . Each party shall bear the expense of its own witnesses and of its own
representatives for purposes of the arbitration hearing .
24 . 6 The arbitrator will be confined to the written grievance presented in Step 1 of the
procedure . Additionally the arbitrator shall have no authority to change , amend ,
add to , subtract from , or otherwise alter or supplement this agreement. The
29
arbitrator shall have no authority to consider or rule upon any matter which is not
subject to arbitration or which is not a grievance as defined in this agreement ;
nor shall this collective bargaining agreement be construed by the arbitrator to
supersede applicable state or federal laws , except to the extent as specifically
provided herein .
24 . 7 The arbitrator may not issue declaratory opinions and shall be confined
exclusively to the question which is presented , which question must be actual
and existing . The arbitrator's decision shall bike final and binding ; provided ,
however , that either party shall be entitled to :seek review of the arbitrator's
decision as provided by law .
24 . 8 Nothing in this agreement shall prohibit the presence of a Union representative
at any steps of the grievance procedure .
30
ARTICLE 25
SEPARATIONS
25 . 1 The effective date of separation shall be the las day on which the employee is
present for duty unless otherwise specified herein,,.
25 . 2 Resignation is defined as an action whereby an employee voluntarily leaves
County employment . An employee wishing to leave the County in good standing
shall file with the County a written resignation , sating the date and reasons for
leaving . Such notice must be given at least two weeks prior to the date of
separation . Failure to comply with this courtesy 'Tay be cause for denying such
employee re-employment with the County . Employees who are absent from
work for three consecutive work days without being excused or giving proper
notice of their absence will be considered as having voluntarily quit .
25 . 3 Retirement is defined as a voluntary or involuntary procedure whereby an
employee separates from County employment for reasons of length of service or
disability . Retirement regulations and benefits shall conform with the provisions
of the Florida Retirement System .
25A Termination shall be effective as of the date cjf death . All compensation and
benefits due to the employee as of the effective (date of separation shall be paid
to the beneficiary , surviving spouse , or the estate of the employee , as
determined by law or by executed forms in the en iployee' s personnel file .
25 . 5 If a layoff does occur all temporary employees and newly hired probationary
employees within affected divisions will be terminated first . The only exception
would be if the temporary or newly hired probe nary employee has a particular
skill required to perform certain duties and no o e else employed by the County
is qualified . Permanent employees are to be I id off based on their length of
service , provided that the employees who are etained have the demonstrated
ability and fitness to perform the available work , ! Laid -off permanent employees
shall be placed in open positions for which they afire qualified .
25 . 6 If an employee is laid off, the employee will be compensated for his sick and
vacation as if he were voluntarily quitting . Employees eligible for sick leave
payment per Article 29 . 7 shall have the optioi of leaving the sick leave on
account for up to one year. A laid -off employeehall be eligible for conversion of
employee health care benefits at the employees expense . Laid -off employees
remain eligible for recall into positions previously held with the County or for
which they are qualified for a period of three years from the layoff date , provided
that any employee so recalled shall be subject to passing a typical pre-
employment screening at the discretion of the County . No continuous service
benefits of any kind shall accrue during the layof period .
31
25 . 7 A discharge is the involuntary separation of an employee from County
employment . Employees discharged for discipli ary reasons shall not generally
be eligible for re-employment and shall lose all seniority and reinstatement
privileges . A discharged employee will be allowed to discuss the discharge with
the union steward before the employee is requited to leave the property of the
County unless his presence creates an unsafe situation . The County will notify
the union steward upon the discharge of an employee in the bargaining unit but
failure to give such notice shall not affect the validity of the discharge . Discipline
or discharge of newly hired probationary employees shall not be subject to the
grievance or arbitration procedures .
25 . 8 The final pay for terminated employees will be prepared for distribution on the
next normally scheduled pay date following tha termination date . It can be
mailed if the employee requests so in writing . Otherwise , final pay should be
picked up in the Human Resources office by the employee or someone who has
written authorization to do so . Final pay will a ready on the next normally
scheduled pay date following the retirement d e for those retiring employees
who are vested in the retirement plan .
25 . 9 At the time of separation and prior to receiving final monies due , all records ,
books , assets , uniforms , keys , tools , and other items of County property in the
employee ' s custody shall be returned to the department .
25 . 10 Any outstanding debts incurred by an employee which are due the County shall
be deducted from the employee 's final paycheck and /or termination leave pay .
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ARTICLE 26
INSURANCE
26 . 1 The County shall provide health insurance for all argaining unit employees and
p
their dependents in the same manner as the all
general non -bargaining
unit employees , including the retiree health ins rance subsidy , hospitalization ,
and medical insurance .
26 . 2 Regular full-time bargaining unit employees will continue to be eligible to
participate in the County's life insurance program and may enroll in the optional
long -term disability , optional employee and family life insurance , and the optional
deferred compensation plan with additional provi ers .
26 . 3 Any claim settlement between the employee an � the insurance carrier shall not
be subject to the grievance procedures .
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ARTICLE 27
DRUG TESTING
27 . 1 Teamsters Local Union No . 769 and Indian River County agree to the following
for employees who are in the labor and trades bargaining unit :
The parties understand that illegal drug use and/or misuse of alcohol and/or
controlled substances adversely affects employees ' job performance and
jeopardizes their safety , the safety of other employees and the public , and the
reliability of the County' s operations . Therefore , the County and the Union agree
to implement the Drug - Free Workplace Progra Policy adopted by the County
with the following exceptions . These exception will supersede the language in
the County's policy :
27 . 2 Reasonable Suspicion Drug Testing
Employees shall notify their supervisors when under medically prescribed treatment
with a controlled substance if they know or have reason to believe the controlled
substance may limit their ability to perform their jobs .
Any employee may be required by the County to sub it to a blood , urinalysis , and /or
intoxilyzer test when there exists a reasonable suspicio i that the employee is under the
influence of alcohol or non - prescribed controlled substce nces on the job . If such reason
is based upon the observation of supervisors or manag zrial employees , then , where job
conditions permit , two supervisors or managers sho Id observe the employee . An
employee will not be required to take any test unless a member of management
approves testing . When an employee is to be tested under this reasonable suspicion
provision , he may request the presence of his Union steward . If the steward has been
requested , and is on duty , he will be permitted to cone , it with the employee who is to
be tested prior to the time he goes to the specimen coll ction facility .
27 . 3 Follow-up and Random Testing
Follow- up and random testing for employees in non -safety-sensitive positions shall be
permitted during the first twenty-four (24) months following an employee ' s release after
successfully completing a rehabilitation program , an the frequency of such testing
shall be determined by the County . Follow- up and random testing for employees in
safety-sensitive positions shall be in accordance with 49 CFR Part 382 .
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ARTICLE 28
LEAVES OF ABSENCE
28 . 1 Jury Duty
Employees subpoenaed for jury duty shall receive regular pay for the hours
missed from work . Such time shall be cons dered as time worked for the
purpose of calculating overtime . Employees ar expected to submit a copy of
their subpoena which shall become a part of the personnel file and turn in their
jury duty pay stub and a personal check for the amount of the jury duty pay ,
excluding mileage pay . The check should be made payable to the " IRC Board of
County Commissioners" and sent to the H man Resources Department .
Employees are expected to stay in touch with t eir supervisors relative to their
court duty and County work schedules to minimi a interference with their jobs . If
there are three or more hours of the work day prior to reporting for or being
released from jury duty, the employee will be expected to be at work .
28 . 2 Witness Duty
Employees attending court during their normal ( working hours as a witness on
behalf of a public jurisdiction or as a result of their public employment shall
receive regular pay . Employees subpoenaed as witnesses (other than as above)
during a criminal or civil trial will not be paid but may charge vacation .
Employees who are plaintiffs or defendants in personal litigation not related to
their public employment are not eligible for regular pay . Vacation time may be
used .
28 . 3 Military Leave
An employee may request military leave to sere on active duty in an emergency
or required annual duty , and shall be compensated in accordance with state law ,
and it shall be considered time worked .
28A Family Medical Leave Act
The FMLA establishes the rights of eligible employees to a leave of absence for
up to 12 weeks . Eligibility for FMLA leave shall a determined on a rolling twelve
( 12 ) month period commencing from the first day FMLA was used for birth ,
adoption , the care of a family member' s s rious health condition , or the
employee 's own serious health condition . It also provides for the continuation of
health insurance benefits while on leave and the return of the employee to the
same or an equivalent position at the end of the leave .
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28 . 5 Bereavement Leave
A . This benefit is available for full -time permanent employees .
B . Three working days shall be given off with pay upon the death of a
member of the immediate family (defined for this benefit as parents and
step-parents , spouse , children and step-children , grandmother,
grandfather, grandchild , brother, sister, mother- in -law , father- in - law , son -
in - law , daughter-in -law , sister- in - law , brother- in- law , or legal guardian of
the employee) .
C . Bereavement Leave will be authorize in minimum one- half day
increments and will be paid at the employee' s current pay rate .
D . If additional time off work is needed , or time off is needed for an individual
not covered by Article 28 . 5 ( B) , vacation or sick leave may be utilized , or
time off without pay can be arranged if justified . Sick leave used under
this provision shall not be counted as an occurrence of sick .
28 . 6 Other Leaves of Absence
Employees are eligible for leave of absence for causes generally beyond the
control of the employee . The duration of eE ch leave of absence and the
compensation received by the employee , if any , during the leave of absence
shall be determined by the County . Except as of erwise provided the decision to
grant a leave without pay ( leave of absence is a matter of administrative
discretion , and may only be approved by th County Administrator or his
designee . Leaves without pay must be requested by the employee at least two
(2 ) weeks prior to the leave , unless circumstances satisfactory to the County
Administrator/designee render advance request impossible . All leave requests
must be in writing . Extensions may be grantec if requested at least seven (7)
days prior to the expiration of the leave , and approved by the County
Administrator or his designee . For leaves of absence taken at the option of the
employee , the County' s health care plan will be extended until the end of the
month in which the leave of absence began . A er that point , the employee can
keep the plan only by paying the full premium PC mount (employee and employer
share) prior to the first of each month . If the leave of absence is due to factors
beyond the control of the employee , as in the avent of a medical problem , the
County will determine the period of time the he Ith care plan will be provided at
County expense based upon the merits of the individual situation and the law,
but the employee would still be responsible for paying the employee' s typical
share of the cost .
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28 . 7 Arrests and Incarceration
A . Employees who are unable to report for work because of arrest and incarceration
may be placed on a special personal leave of absence without pay provided that
it is requested during the first three working days of the incarceration . If the
employee is unable to secure bail , the leave of absence will continue until final
disposition of the charges depending upon the County' s operational needs . If
the employee is freed on bail , a decision wil be made by the employee 's
department head and the Human Resources Di ctor as to whether to allow the
resumption of active employment pending dispo ition of the charges . They shall
determine whether reinstatement would be consistent with the County's needs
and requirements . If the decision is to not allow resumption of active
employment pending disposition of the charges , a " pre-suspension " hearing will
be set , at which the employee will be advised of the reasons for the suspension
and would have the opportunity to refute the underlying premises for the
suspension and argue for immediate reinstatement . Once an employee has
exhausted all available vacation leave , his vacant position may be posted and
filled in accordance with the provisions of this greement . If the employee is
reinstated after his position is filled , he shall havE the right to fill a vacant position
for which he is fully qualified . If no position is a iailable , he shall be placed in a
layoff status with recall rights as outlined in Article 25 , Separations .
B . Employees shall immediately notify the department within 3 days of contact
when information has been filed by a prosecuting official against him /her, when
indicted by a Grand Jury , or when arrested , for any offense or violation of law .
The department director shall determine if it is ir the best interests of the County
to :
1 ) Retain the employee in his/her regular po ition ; and /or
2) Assign the employee to other duties ora other position until such time as
any charges are disposed of by trial , acquittal , dismissal , conviction , or
other judicial action ; and /or
3 ) Place the employee on leave without pa until such time as any charges
are disposed of by trial , acquittal , dismissal , conviction , or other judicial
action ; and/or
4) Initiate disciplinary action up to and including termination .
C . In the event that the employee is retained pend ng the resolution of the charges ,
and pleads nolo contendere or guilty , or is found guilty of any job related offense
or any offense that would adversely impact the County or the employment status
of the employee , or which would cause the County to be held in disrepute , the
employee may be terminated from employment.
37
D . In the event that the employee is retained pending the resolution of the charges
and is acquitted of all charges , or the indictment is dismissed , the Division
Director shall retain the option to initiate or conti ue an investigation of possible
administrative violations in accordance with established policy or practice .
Notwithstanding anything to the contrary in this section , no employee shall be
disciplined or discharged without just cause .
28 . 8 General Provisions
The following provisions apply to leave without p y status :
A . An employee granted a leave of absence must keep the department
informed of his current activity (school , medical , military , etc . ) each time a
request for extension of the leave is made . In addition , the employee
must keep the department advised of h s current address at all times .
Failure to comply with these provisions shall result in the employee being
dropped from leave of absence status , in which case he must return to
duty or be discharged .
6 . An employee granted a leave of absence shall contact the department
head at least two (2) weeks prior to the expiration of the leave in order to
facilitate the reinstatement process .
C . Failure to return to work at the expiration of the leave shall be considered
a resignation .
D . No sick leave or vacation shall be accrued by an employee while he is on
leave without pay if the employee is absent for more than one- half of his
normally scheduled work hours during the month .
E . An effort will be made to return the emr loyee to the position and status
held immediately prior to his leave of ab ence . If the employee' s former
position is filled , he may be transferred to a position for which he qualifies ,
subject to the approval of the depe rtment head and the County
Administrator. If no vacancy exists for which the employee qualifies , he
will be placed in a layoff status with recall rights pursuant to Article 25 ,
Separations .
F . Time spent on leave of absence shall not constitute a break in service .
However, the time shall not be credited toward retirement , vacation , sick
leave , or toward satisfying the probationary period .
28 . 9 Employees who are on worker' s compensati n leave may supplement their
worker' s compensation payments with any accrued sick or vacation leave , up to
100 % of their regular take- home pay .
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28 . 10 No sick leave or vacation shall be accrued by an employee while he is on
workers ' compensation leave if the employee is absent for more than one- half of
his normally scheduled work hours during the mo th .
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ARTICLE 29
PAID SICK LEAVE
29 . 1 It is the policy of the County to permit employee to be absent from work due to
non -work related sickness or injury . In order to help employees maintain their
income during these absences , the County will provide compensation according
to the guidelines in this Article .
29 . 2 Sick leave will accrue for all permanent full -, :ime and permanent part-time
employees ( hired before 6/22/01 ) beginning with the completion of their first full
calendar month of employment . Full -time emp oyees will accrue one day per
month and part-time employees ' accrual will be o a pro- rata basis . " One day" is
computed by dividing the employee' s scheduled biweekly hours by 10 .
29 . 3 Sick leave may be used as it is accrued . To receive compensation while absent
on medical leave the employee shall notify the i mediate supervisor prior to or
as soon as possible after the period of absence begins . The supervisor may
request a physician ' s certification of the need for the absence if there is a
suspicion of abuse of sick leave . In every case a person using more than five
consecutive work days of sick leave will preset a certification of need for the
absence and clearance to return to work from a licensed medical provider ( M . D .
or D . O . ) . Failure to present such certification may prevent the employee from
being allowed to return to work or may result in progressive disciplinary action .
29 . 4 Sick leave may be charged in minimum increments of one- half hour .
29 . 5 Sick leave may be applied for the following purp ses :
A . Personal injury or illness not connected with the job . For work connected
absence see Article 28 .
B . Medical , dental , optical , or chiropractic tre tment/examination .
C . Exposure to a contagious disease which would endanger others (as
determined by a physician ) .
D . Illness of a family member, defined as father , mother, son , daughter,
brother, sister, husband , wife , father/mo her-in - law , son/daughter- in - law ,
brother/sister- in- law , step-father/mother, step-son/daughter , step-
brother/sister, grandparent , and guardian Employees may not use more
than five days of sick leave in a calendar year for the illness of a family
member , unless the illness qualifies for FINALA leave .
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29 . 6 Sick leave incentive payment will be provided for full -time employees as an
incentive to avoid sick leave abuse .
A . At the close of each anniversary year ( based upon the hire date) ,
permanent full-time employees will be corr pensated for one- half of all sick
leave days accumulated over thirty . The days that are compensated for
through this plan will be deducted from the employee 's total sick leave
accumulation and paid at straight time rate .
B . When permanent full-time employees reach the maximum accumulation
of sixty days , they will receive , at the end of their anniversary year ,
compensation for all additional hours earned over this maximum . The
hours that are compensated for will be de ucted from the employees ' total
accumulation and paid at straight time rate .
29 . 7 Permanent full-time employees with ten or more years service with the County
shall be paid one-half of all unused sick leave , to a maximum of two hundred
forty hours , upon retirement , termination of employment for other than
involuntary separation , or death . Employees leaving County employment having
less than ten years service shall not be paid for unused sick leave .
29 . 8 Bargaining unit employees may participate in the County' s sick leave donation
policy under the established terms and conditions of the sick leave donation
policy .
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i
ARTICLE 30
HOLIDAYS
30 . 1 It is the policy of the County to observe holidays each year on a schedule
determined by the Board of County Commission rs .
The holidays which shall be observed under this olicy are :
A . New Year' s Day
B . Good Friday
C . Memorial Day
D . Independence Day
E . Labor Day
F . Veteran 's Day
G . Thanksgiving Day
H . Day after Thanksgiving
I . Day before Christmas
J . Christmas Day
K . Personal Day (to be scheduled and approved in accordance with
department' s vacation policy)
L . Any other holidays authorized by the Board of County Commissioners
30 . 2 Permanent employees will receive holiday pay w ether or not they are scheduled
to work on the holiday . Permanent employees not normally scheduled to work
on the day of the week the holiday is being ot served will receive an average
day' s wage as holiday pay . An average day's wage is defined as an employee ' s
scheduled bkweekly pay divided by ten days . E ployees normally scheduled to
work on the day of the week the holiday is bein observed shall receive holiday
pay for the number of hours they are normally scheduled to work , even if that is
more or less than an average day's wage .
30 . 3 Temporary employees , part-time employees hired on or after 6/22/01 ,
employees on unpaid leave of absence , and employees on layoff are not eligible
for holiday pay .
30A To receive holiday pay , an employee must be in an " active pay status" on the
scheduled work days immediately preceding and immediately following the day
on which the holiday is observed .
30 . 5 For pay purposes , holidays will be the County recognized day of the holiday .
30 . 6 Holidays which occur during an employee's ann al leave or medical leave will be
paid as holiday pay and shall not be chargec against such annual leave or
medical leave .
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30 . 7 The County reserves the right to schedule work on an observed holiday in order
to maintain essential services to the public . This work schedule will be approved
by the department head in advance .
30 . 8 Any work performed on an observed holiday by a nonexempt employee will be
paid at time and one- half rate and these ho rs will not be included when
counting toward a 40- hour work week for overtime purposes .
30 . 9 Holiday pay will be counted as time worked for overtime calculations .
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ARTICLE 31
VACATION LEAVE
31 . 1 It is the policy of the County to grant annual vacations with pay to permanent full-
time and permanent part-time employees in accordance with the guidelines
established below .
Full -time employees will accrue paid vacation leave based on the number of hours in
their work week according to the following schedule :
ACCRUAL RATES
37.5 40.0
Service Days Per Yr. Hr/Week Hr/Week
Hrs/Yr Hrs/Mo Hrs/Yr Hrs/Mo
1 yr to 4 yrs. 12 mos. 10 75 .0 6 .25 80 . 0 6 . 67
5 yrs to 5 yrs. 12 mos. 11 82 . 5 6 . 88 88 .0 7 .34
6 yrs to 6 yrs . 12 mos . 12 90 . 5 7 . 50 96 . 0 8 .00
7 yrs to 7 yrs . 12 mos. 13 97 . 5 8 . 13 104 .0 8 . 67
8 yrs to 8 yrs . 12 mos . 14 105 . 0 8 .75 1 112 . 0 9 . 34
9 yrs to 9 yrs. 12 mos. 15 112 . 5 9 . 38 120 .0 10 .00
10 yrs to 10 yrs. 12 mos . 16 120 .0 10 . 00 128 .0 10 . 67
11 yrs to 11 yrs . 12 mos . 17 127 . 5 10 . 63 136 . 0 11 . 34
12 yrs to 12 yrs. 12 mos . 18 135 .0 11 .25 144 .0 12 . 00
13 yrs to 13 yrs . 12 mos . 19 142 . 5 11 . 88 152 . 0 12 . 67
14 yrs (max accrual rate) 20 150 . 0 12 . 50 160 . 0 13 .34
31 . 2 Part-time employees hired before 6/22/01 are entitled to vacation accrual on a
pro- rata basis . Temporary employees shall accrue no vacation leave .
31 . 3 New employees may use vacation after completing their new hire probation . No
employee may use vacation leave in advance of it being accrued . Accrued
vacation is credited at the end of each month , and is shown on the payroll prelist
for the pay period ending on or after the first oft the following month .
31A Authorized vacation hours shall be counted as time worked for the purpose of
computing overtime pay eligibility .
31 . 5 Employees will earn vacation monthly , in hourly increments , and may carry over
unused vacation from year to year up to a m ximum of 65 days . Employee
vacation accrual banks will be reduced back to the 65 day maximum the first full
pay period after December 31St
31 . 6 Vacation leave may be taken after approval by he division head or designee . It
may be charged in increments as small as one hour . All vacations shall be
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approved or denied within a reasonable period of time . No vacation shall be
unreasonably denied .
31 . 7 Employees shall not be paid for earned vacation eave in lieu of taking the leave ,
except upon termination of employment . Earned vacation leave for employees
who die while in County employment shall be pa d to the same beneficiary as is
designated for the employer-paid life insurance benefit ,
31 . 8 When a County observed holiday falls within an authorized vacation leave
period , that time shall be charged as holiday pay , and vacation leave will not be
charged .
31 . 9 Vacation leave will always be paid at the employee's pay level at the time the
vacation is used .
31 . 10 The County reserves the right to cancel authorized vacation or to call back
employees from vacation under emergency circumstances . If such vacation is
cancelled or the employee is called back from vacation , the County shall
reimburse pre- paid , non- recoverable expenses . The County may request
necessary documentation to verify reimbursements ,
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ARTICLE 32
UNIFORMS TOOLS AND EQUIPMENT
32 . 1 For employees required to wear a uniform (excluding Lifeguards ) , the County will
furnish two sets of shirts and pants for each day the employee is regularly
scheduled to work in a workweek , plus one additional uniform , i . e . , five-day
employees will have 11 sets and four-day employees will have 9 sets , and all on -
call employees shall receive an additional 2 sets , not to exceed 15 sets . Each
employee shall receive one windbreaker jacket displaying the County logo .
Bargaining unit employees shall be given their choice of long or short pants ,
except for those positions for which the Coun makes the determination that
long pants are required . The determination to require long pants will not be
arbitrarily made . Such uniforms are not to be worn except while employees are
on the job and while traveling to and from the ob . Lifeguard uniforms will be
issued in accordance with current practice .
32 . 2 Tools and equipment which are normally suppled by the County will be used
properly and carefully by employees who requi a them in their work . It is the
responsibility of the employee to use and secure such tools and equipment in
such a manner as to minimize the potential for los or theft .
32 . 3 Tools and equipment provided by the County will be replaced by the County if
they are stolen or broken during normal use and provided proper care and
prescribed security measures have been followed and loss or breakage is not
due to the employee' s negligence or abuse .
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ARTICLE 33
WAGES
33 . 1 For fiscal years FY 2008/2009 ; FY 2009/2010 ; and FY 2010/2011 , bargaining
unit employees shall be eligible for a 5 % anniversary increase based upon a
successful evaluation ; provided , however, that no employee ' s salary shall
exceed the maximum salary of the pay range . or Fiscal Years 2008 -2009 ; FY
2009/2010 ; and FY 2010/2011 only , bargaining unit employees who are topped
out in their pay range shall receive a lump sum anniversary amount of $ 1 , 000
( prorated to $ 500 for part-time employees) not added to their base upon
successful evaluation . Employees within $ 1 , 0 0 ($ 500 for part-timers) of the
maximum of the range shall receive an increase in base pay up to the maximum
of the range and shall receive the difference between that amount and $ 1 , 000
($ 500 for part-timers) in a lump sum payment . Any lump sum increases after the
expiration of this Agreement shall be subject to collective bargaining .
33 . 2 For fiscal year FY 2008/2009 , bargaining unitemployees will receive the same
cost of living increase , if any , provided to the County' s general , non - bargaining
unit employees . For fiscal years FY 2009/2010 and FY 2010/2011 , the parties
mutually agree to reopen this section and collectively bargain future cost-of- living
increases .
33 . 3 For the life of this Agreement the promotion prob tion pay increase shall be 5 % .
33 . 4 Only those employees who are regularly assigned to work established full-time
shifts ( 8 hours , 10 hours , etc . ) that start at or after 1 : 00 p . m . or before 4 : 00 a . m .
will be eligible for shift differential at a rate of 5 % of the regular hourly rate . Any
shift beginning between 4 : 00 a . m . and 1 : 00 p . m . is excluded . Shift differential is
automatically added to the regular hourly rate for the purpose of computing
overtime pay .
33 . 5 The Union has agreed to allow the County to establish a one-week lag period in
the payroll process .
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ARTICLE 34
ENTIRE AGREEMENT
34 . 1 The parties acknowledge that during the neg tiations which resulted in this
agreement , each had the unlimited right to make demands and proposals with
respect to any subject or matter not removed by law from the area of collective
bargaining . They , therefore , each voluntarily and unqualifiedly waive the right for
the term of this agreement to bargain collecti ely with respect to any matter
referred to or covered in this agreement , or with respect to any subject or matter
not specifically referred to or covered by this agreement . This contract
represents the entire agreement between the parties and no other agreements
or practices are binding upon either party hereto with respect to wages , hours or
working conditions of the employees covered he Reby , The employer shall not be
obligated to continue any benefits or employee practices which it has given or
engaged in prior to the execution of this agre ment unless such benefits or
practices are specifically set forth in this agreement , and past practices of the
employer will not be considered in interpreting this agreement.
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ARTICLE 35
PRINTING AGREEMEN
35 . 1 This agreement shall be printed within a reasonable time by the County . The
County shall provide three originals of the contract and 25 copies of this
agreement to the union , and the union will be responsible for any additional
requests for copies . In addition the County shall keep a copy at each division
office , which will be available upon request foremployee review.
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ARTICLE 36
SAVINGS CLAUSE
36 . 1 If any article , section , or provision of this agreement should be found invalid ,
illegal or not enforceable by reason of any ex sting or subsequently enacted
legislation or by judicial authority , all other articles and sections of this agreement
shall remain in full force and effect for the duration of this agreement . If such
action occurs , the County and the union shall meet within thirty days for the
purpose of negotiating a mutually satisfactory replacement for such provision .
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ARTICLE 37
DURATION OF CONTRACT
37 . 1 This agreement shall be effective October 1 , 2008 , shall remain in full force and
effect until the 30th day of September, 2011 , anc shall be automatically renewed
from year to year thereafter unless either party shall notify the other in writing
180 days prior to the anniversary date that it desires to modify or terminate this
agreement . In the event such notice is given , negotiations shall begin no later
than 150 days prior to the anniversary date . This agreement shall remain in full
force and effect during the entire period of negotiations for a modification of this
agreement , except that there shall be no wage or benefits improvements .
1402 Agreed this � day of f 2008 .
BOARD OF COUNTY COMMISSIONERS TEAMST RS LOCAL UNION NO . 769
INDIAN RIVER COUNTY, FLORIDA
By By
Cferk of the Court Chief Onion and
Attest : , -
4 } s
By
url nistrator : w in mss Representative
r1 4J
Wesley S, Doy i c nan
' : . - A
Approved as M
///" �
William K . DeBraal
Deputy County Attorney
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