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HomeMy WebLinkAbout2006-02511 CONTRACT BETWEEN INDIAN RIVER COUNTY AND TEAMSTERS LOCAL UNION NO. 769 October 1, 2005 - September 30, 2007 �o 46 � 0a6 - TABLE OF CONTENTS Article 1 Recognition Article 2 Intent and Purpose Article 3 General Article 4 Nondiscrimination Article 5 Correspondence Article 6 Bulletin Boards Article 7 Management Rights Article 8 Subcontracting Article 9 Availability Article 10 Safety Article 11 Union Representation & Access Article 12 Payroll Deduction of Union Dues Article 13 No Strike - No Lockout Article 14 No Concurrent Employment Article 15 Attendance and Punctuality Article 16 Hours of Work Article 17 Overtime Article 18 On-Call/Standby Article 19 Call Back Article 20 Temporary Assignments Article 21 Probationary Period Pane No. 1 2 3 4 5 6 7 9 10 11 12 14 15 16 17 19 21 22 23 24 25 Article 22 Promotions/Transfers Article 23 Discipline Article 24 Grievance and Arbitration Article 25 Separations Article 26 Insurance Article 27 Drug Testing Article 28 Leaves of Absence Article 29 Paid Sick Leave Article 30 Holidays Article 31 Vacation Leave Article 32 Uniforms, Tools and Equipment Article 33 Wages Article 34 Entire Agreement Article 35 Printing Agreement Article 36 Savings Clause Article 37 Duration of Contract Page No. 26 27 28 32 34 35 36 40 42 44 46 47 48 49 50 51 ARTICLE 1 RECOGNITION 1.1 Indian River County (the "County") recognizes Teamster Local l affiliated with the International Brotherhood of Teamsters (the "Univ exclusive bargaining agent for PERC purposes for the employees designated by the Florida Public Employees Relations Commission Certificate #94-027 excluding all other employees. Probationary empl have no grievance rights whatsoever. inion #769 )n°) as the in the unit (PERC) in Dvees shall ARTICLE 2 INTENT AND PURPOSE 2.1 It is the intent and purpose of the parties herei agreement covering rates of pay, hours of work, to achieve and maintain harmonious relations union; to ensure the continuous, uninterrupted departments; and to provide for the prompt differences which may arise, 2 to set forth here and conditions of E between the Cou and efficient ope and amicable ac the basic ployment; and the ion of all 3tment of ARTICLE 3 GENERAL 3.1 Masculine pronouns used herein shall refer to men or women or both. masculine job classification titles shall be construed as including both 3.2 Unless otherwise stated in this agreement, references to "days" calendar days and not work days. The use of 11 mean 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 di ectly to the County Administrator. 3A Whenever the terms "County Administrator" or "Department Head" terms shall be interpreted to include their duly authorized represent 3 used, the ARTICLE 4 NONDISCRIMINATION 4.1 Neither the County nor the union shall discriminate against a covered by this agreement in a manner which would violate any apr E employee ble law. 5.1 Unless otherwise provided in this agreement all correspondence from to the County shall be directed to the Human Resources Direct correspondence from the County to the union shall be directed to the representative. To comply with the time limits contained in this agreer correspondence shall actually be received by the Human Resources union business representative on or before the date due unless sent v Postal Service. When the U.S. Postal Service is utilized, all time limits in this agreement shall be considered to be met so long as the postm in compliance with the specified time limit. 5.2 It is the responsibility of the union to furnish the County with a maiiie for it and to advise the County of any address changes. The initial are as follows: COUNTY Indian River County 1840 25th Street Vero 'beach, t=L 32960 (772) 567-8000 UNION Teamsters Local Union 3400 43rd Avenue, Sui V CI V ®FZGtLf I, r i Vc.aVV- (772) 978-0011 5.3 Each party shall copy the other on any and all correspondence contract sent to or received from FERC. 5 the union )r and all business lent, such .)Erector or a the U.S. contained ark date is address #769 ie 3 IOno IVVV ing to the ARTICLE 6 BULLETIN BOARDS 6.1 The County will furnish space for the Union to place one bulletin location where bargaining unit employees regularly report to work County has an official bulletin board. 6.2 The Human Resources Director shall approve the exact location for r all bulletin boards. Bulletin boards may be no larger than 20 in inches, unless mutually agreed to by the parties. 6.3 All notices placed on such bulletin boards shall relate solely to c business. Notices posted shall not contain derogatory, defamatory, it or untrue statements about the County or any of its officials. Bul shall not be used to communicate with the general public, to distrik matter, or for advertising. All notices shall clearly state that they ars Notices" and shall be signed and dated by the union business repre chief steward, who will accept full responsibility for their content. The attempt to furnish a copy of any material to be posted to the Humar Director or her designee prior to posting. If the Union is unable tc materials prior to posting, the materials shall be furnished as soon after posting. 6.4 The union stewards shall check all bulletin boards at reasonable ensure that no unauthorized materials have been posted. If u materials have been posted or if the union chief steward has been bulletin boards contain unauthorized materials, the union chief sl cause such unauthorized materials to be removed immediate unauthorized material is not removed by the union chief steward immediately removed by the County. Employees who post material this Article may be subject to disciplinary action in accordable witl rules and regulations. rd at each where the lent of by 30 union tin boards to political "Teamster sentative or Union shall Resources furnish the as possible intervals to nauthorized notified that :ward shall y. If the it may be that violate i applicable 7.1 ARTICLE 7 MANAGEMENT RIGHTS 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 uthority to determine and direct policies, mode, and methods of providing its s rvices and unilaterally set the standards for same, without any interference in the management and conduct of the County's business by the Union c r any of its representatives. Except as expressly limited by a specific provi ion of this agreement, the County shall continue to have the exclusive right o 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 lie limited to its right to determine the existence or nonexistence of facts which a e 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 ter iporarily fill vacancies; to hire new employees from the outside at any level; to select, reinstate, retire, promote, demote, evaluate, transfer, suspend, as ign, 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 rep wimand, dis- charge or otherwise discipline employees; to maintain the minimum quali- fications/certifications for job classifications and the amount and pe 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 exis ing 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 1 ime studies of work loads, job assignments, methods of operation and efficiency rom 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 he 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 mployment, except as modified or restricted by a provision of this agreement. 7 7 7.2 The County's failure to exercise any function or right hereby reserved 1 exercising any function or right in a particular way, shall not be deeme to its rights to exercise such function or right, nor precludes the Cc exercising the same in some other way not in conflict with the express of this agreement. The Union agrees that the County may exercise above without advising the Union of any proposed action. The exerc rights specifically listed in this article does not preclude the employe representatives from conferring with management, raising questions practical consequences that decision on these matters may have on and conditions of employment, or impact bargaining in accord applicable law. 7.3 Past practices of the Board of County Commissioners or County n shall not be considered for the purpose of limiting the rights, respot prerogatives of management, nor for the purpose of enlarging upon and express limitations on management which are contained in this a 7A If the County determines that civil emergency conditions exist, includ limited to riots, civil disorders, strikes or illegal work stoppages, conditions or similar catastrophes or disorders, the provisions of this may be suspended by the County during the term of the declared e Notwithstanding the provisions of Article 5, Correspondence, nobs suspension will be given to the union president as soon as practicab determination has been made and by whatever means is appropr circumstances. : it, or, its a waiver my from all of the :ise of the ;s or their about the the terms ince with bilities, or e specific g but not hurricane areement a0• 1vvy%1vjy. OM of such e after the ate in the 8.1 8.2 ARTICLE 8 SUBCONTRACTING 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. The County reserves the right to subcontract work. Should subcontr cting occur which will result in bargaining unit employees being laid off, 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 subcontrac ing agenda item. If employees are laid off due to subcontracting, they shall ha a the rights provided under Article 25, Separations. 0 ARTICLE 9 AVAILABILITY 9.1 All County employees are subject to call back and as such shall keel informed of their address and telephone number, if they have a pt employee has no telephone, it shall be the employee's responsibilil another means of communication which will provide access within 15 the County one. If the r to provide 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 ag essential to the successful operations of County facilities and sere declared emergency. As such, the parties agree that as a condi employees' employment with Indian River County, they must be eo able to report to work and perform assigned duties as directed by i during a declared emergency. The failure to report to work an assigned duties as directed by management during a declared em be cause for disciplinary action up to and including termination of with Indian River County. 9.4 The County will attempt to provide employees as much notice as K they will be required to work during the declared emergency. The also attempt, where able under the circumstances, to give employ four hours of time (unpaid if other County employees are not paid; County employees are paid) to secure their families and personal p to reporting for duty before the event. After the event, the County where able under the circumstances, to release employees who werf work through the event from duty to secure their families and persoi Employees required to work during County declared emergencies s one and one half (1 1/2) times their regular rate of pay for all h( during the declared emergency in lieu of regular pay. Nothing here the County, on an event -by -event basis and in its discretion, i employees required to work during declared emergencies more th one half (1 1/2) times their regular rate of pay. 9.5 The County shall provide food and shelter for personnel who are work during a County declared emergency, unless circumstances County unable to do so. 9.6 The County shall provide leave before, during, and after a as required by the Family and Medical Leave Act. 10 ment are curing a i of these ilable and nagement it perform ency may ossible that County will es twenty - aid if other operty prior ill attempt, required to al property. all be paid urs worked in prevents om paying n one and required to render the emergency ARTICLE 10 SAFETY 10.1 All employees and the County shall be responsible for following the 1 the safety policy manual provided to them. The County shall cont the right to unilaterally establish, adopt, change, amend, withdraw, the employee safety manual so long as such actions do not result with the specific terms and conditions of this agreement. Cha employee safety policy manual will be conspicuously posted in all Except in the case of any emergency, such changes will be posted working days before the effective date of the change. Failu prescribed safety procedures may result in disciplinary action. 10.2 Protective devices, wearing apparel, and other equipment necessar employees from injury shall be provided by the County. Such it provided, must be used and the Union agrees that willful neglect or f employee to obey safety regulations and to use safety equipment cause for disciplinary action. Protective devices, apparel, and applicable herein are listed below. A. gloves B. rubber boots (when required) C. safety hard hats (when required) D. boots/safety toed shoes E. safety vests (when required) F. safety goggles (when required) G. uniforms H. sunscreen Those employees required to wear safety shoes in accordance shall be reimbursed up to $100 annually upon providing a purchase or repair of safety shoes. 10.3 Any employee shall have the right to present safety concerns and solutions in writing to the Risk Manager. The Risk Managers 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 for Hepatitis "A " and Triple "T" (Typhoid, Tetanus & Diphtheria), incl up visits deemed necessary by the health care professional to c vaccinations. *ovisions of ue to have nd enforce n a conflict ges to the vork areas. it least five to follow to protect ams, when ailure by an hall be just equipment this article vt for the respond in Ig follow- plete the ARTICLE 11 UNION REPRESENTATION & ACCESS 11.1 The union will not be required to represent in a grievance any em not a member of the union. 11.2 For the purpose of representing employees in accordance with the p Article 24, "Grievance Procedure," the union may designate a maximi stewards. Each steward will represent employees only in his/her de group of departments, as follows: Area Maximum # of 11.3 Parks, Recreation Building & Grounds Road & Bridge, Public Works, Engineering Traffic Engineering, Vehicle Maintenance Golf Course Solid Waste/Refuse, Solid Waste Management, Solid Waste Recycling Sewage Treatment Water Production Utility Operations who is ovisions of m of 16 4-3 iartment or 2 1 4 1 2 2 (one per shift) 2 (one per shift) 2 The union may designate one of the stewards to be the Chief Stewa The business representative of the union shall notify the Huma6 Resources Director, in writing, of the name of the stewards and the representing, at least three days before they assume duty. If no been given, the County has no duty to recognize the stewards. 11.4 The union steward may represent the union or union membe appropriate for grievance handling as set forth in this agreement. not spend time on union business during working hours. Notwit above, when appropriate and in order to facilitate the scheduling of resolution of grievances, the County Administrator, in his sole dis designee may grant time off with pay to a steward to attend griev, or meetings. 11.5 Officers or agents of Teamsters Local Union # 769, except County duty, shall be allowed reasonable access to work sites and lo( County with the advance approval of appropriate County officials, such access shall in no way interfere with the efficient ope department or crew, 12 they are notice has in matters yards shall anding the etings and tion, or his hearings )yees on s of the ided that of any 11.6 The union agrees that, during the term of this agreement, its nor representatives and stewards shall deal only with the County Admini County Attorney, or the Human Resources Director, or their de! matters subject to discussion in this agreement. This does not prohibi from addressing the concerns of individual employees with a su department head, i -employee strator, the signees, in t a steward :)ervisor or 11.7 No union member, agent or representative of the union, or any pers n 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. 13 ARTICLE 12 PAYROLL DEDUCTION OF UNION DUES 12.1 Upon receipt of a signed authorization in an acceptable form from ar the initiation fee and regular monthly dues of the union shall be de( such employee's pay. Such deduction shall be effective on the next r deduction period following the date it is received in the Human Department. The County will not deduct dues in arrears except to cc made by the County. 12.2 ane -half of the monthly union dues shall be deducted in each of the f periods of each month and shall be remitted by the County no lat, fifteenth of the following month to the officer and address designoc secretary -treasurer of the union. The union will refund to the County paid to the union in error on account of the dues deduction provision. shall give the County a minimum of thirty days written notice of the of 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 period in which the employee's net earnings for the payroll period a the amount of dues to be paid. 12.4 An authorization for dues deduction may be canceled after thirty d date written employee notice of the cancellation is received by Resources Department of the County. A copy of the cancellation ni provided to the union by the employee and the employee shall County that the union has been notified as required by the authoriza 12.5 The union shall indemnify the County and any department of the hold it harmless against any and all claims, demands, suits, or of liability that may arise out of, or by reason of, any action taken by tl any department of the County for the purpose of complying with the this article. 12.6 An employee permanently transferred to a classification not in the or whose employment is terminated shall cease to be subject deduction beginning with the month after the month in which employee status occurs, 14 employee, ucted from ligular dues Resources errors 'st two pay r than the :ed by the ny amount The union active date ny payroll less than Ps from the ie Human ce shall be rtify to the n card. :ounty and er forms of a. County or rovisions of unit to union dues ucchange in ARTICLE 13 NO STRIKE = NO LOCKOUT 13.1 During the term of this agreement, neither the union nor its ag( employee, for any reason, will authorize, institute, aid, condone, or slowdown, work stoppage, strike, or any other interference with tl statutory functions or other obligations of the County. During the agreement neither the County nor its agents for any reason sh< institute, aid, or promote any lockout of employees covered by this a a result of a labor dispute with the union, unless there is a violation c no strike commitment. its nor any 3ngage in a work and .erm of this I authorize, reement as the union's 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 and any employee who fails to carry out his responsibilities under S and the union will not resort to the grievance procedure on such behalf except to determine if the prohibited action did in fact occur. 13.4 Nothing contained herein shall preclude the County from restraint and damages in the event of a violation of this article. 15 ►ection 13.1 maction 13.1, employee's judicial ARTICLE 14 NO CONCURRENT EMPLOYMENT 14.1 During working hours, the employee is to concern himself stric business of the County and the duties of his position. At no time du hours shall the employee perform any services or make or receive ar calls on behalf of any other agencies or for any private business E employment that are not a part of the employee's job responsibilii County. Additionally, neither the County uniform nor County vehicle worn or used while performing any services or doing any private bus not a part of the employee's job responsibilities with the County. 14.2 Employees who have accepted outside employment are not eligible leave when the leave is used to work on the outside job. Fraudulen or personal absences will be cause for disciplinary action, UR ly with the ing working y telephone nterprise or es with the !s are to be ness that is or paid sick use of sick ARTICLE 15 ATTENDANCE AND PUNCTUALITY 15.1 It is the policy of the County to require employees to report for work pi scheduled and to work all scheduled hours and any require( Excessive tardiness and excessive absences disrupt work flow an service and will not be tolerated. 15.2 Unauthorized or excessive absences or tardiness will result in discip up to and including termination. The term "excessive" as used in shall be defined as three (3) or more in a ninety (90) day period. 15.3 Employees should notify their supervisor as far in advance as possibl they are unable to report for work, know they will be late, or must Such notification should include a reason for the absence and an i when the employee can be expected to report for work. If the s unavailable, the division clerk or the Human Resources Departmen contacted and given the same information. 15.4 Employees who report for work without proper equipment or in imr may not be permitted to work. Employees who report for work in deemed not fit for work, whether for illness or any other reason, allowed to work. 15.5 Employees are expected to report to their supervisor after being I giving an explanation of the circumstances surrounding their absence, and certify that they are fit to return to work. 15.6 Employees who are absent from work for three consecutive work c giving any notice to the County (unless circumstances beyond the control make the giving of notice impossible) will be considere( "abandoned their position" and thereby voluntarily quit. At that time will formally note the termination and advise the employee of the act right to grieve by certified mail. 15.7 Employees shall immediately notify the department within 3 da when information has been filed by a prosecuting official against indicted by a Grand Jury, or when arrested, for any offense or vi The department director shall determine if it is in the best interests to: 1) Retain the employee in his/her regular position; and/or 17 inctually as overtime. I customer action, section whenever !ave early, lication of )ervisor is should be roper attire a condition will not be or absent, -diness or ays without employee's as having the County ,n and their of contact 1/her, when tion of law. the County 2) Assign the employee to other duties or another position until any charges are disposed of by trial, acquittal, dismissal, other judicial action; and/or 3) Place the employee on leave without pay until such time as are disposed of by trial, acquittal, dismissal, conviction, or action; and/or 4) Initiate disciplinary action up to and including termination. In the event that the employee is retained pending the resole charges, and pleads nolo contendere or guilty, or is found guilty related offense or any offense that would adversely impact the Co employment status of the employee, or which would cause the Count, in disrepute, the employee may be terminated from employment. In the event that the employee is retained pending the resol charges and is acquitted of all charges, or the indictment is disc Division Director shall retain the option to initiate or continue an invf possible administrative violations in accordance with establisher practice. Notwithstanding anything to the contrary in this section, n shall be disciplined or discharged without just cause. time as tion, or ny charges her judicial ition of the of any job .inty or the ► to be held 'Lion of the issed, the ligation of policy or employee 16.1 ARTICLE 16 HOURS OF WORK The work week shall consist of a consecutive seven day period. Th 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 req ire 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 wok schedule within a work week to avoid overtime in that work week. 16.2 Lunch of thirty (30) minutes and breaks of fifteen (15) minute scheduled by the department head/designee unless circumstances p break or lunch. Whenever consistent with the efficient operation period shall be approximately at the mid -point of the employees' Whenever consistent with efficient operation breaks may be sched department head/designee within the approximate mid -point of both 1 last half of the employees' work day; however, nothing herein construed as preventing the County from providing staggered lunch times. 16.3 It is acknowledged by the parties that setting regularly scheduled w as described in Article 16, HOURS OF WORK, for employees in the Operations (maintenance) unit #418-221 and the Golf Course CIS #418-236, is difficult because of the irregular flow of golfers of a dail agreed that employees' working hours may be changed daily to re above, in accordance with the following procedure: A. All employees who are scheduled to work on a given day work at the appropriate time, whether or not they feel there to perform, unless an employee has contacted the supervi; shift starts and received authorization not to work that day. B. Employees who do report will be guaranteed work for half the hours that day (maybe performing duties other than noe selection of employees to leave work will be determined as foll 1. Ask for volunteers 2. Selection from part time employees on a seniority basis 3. Select from remaining employees on a seniority basis 19 ; shall be ohibit such wch lunch work day. sled by the ie first and should be and break hours solf Course house unit basis. It is fond to the II report for ay be work before the scheduled gal). The first, then 16.4 Employees covered by this Agreement who work (actual work, not le (16) or more hours in any twenty-four (24) hour period will be requir minimum of eight (8) hours rest immediately before returning to we the eight (8) hour rest period overlap any part of the employee's ni scheduled shift, the employee will be paid straight time for the numl which overlap, provided that the employee reports to work the remE shift. The rest period shall count as hours worked for purposes This provision may be suspended in declared emergencies. 16.5 The parties may enter into a Memorandum of Understanding mi Article. 20 ve) sixteen d to take a rk. Should xt regularly er of hours nder of the f overtime. ifying this ARTICLE 17 OVERTIME 17.1 It is the policy of the County not to work beyond the regularly week unless conditions warrant. 17.2 Management may schedule overtime beyond the standard hours best interest of the County and is the most practical and ecc meeting workloads or deadlines. 17.3 Employees will be required to work overtime when requested by unless excused by management. Employees may volunteer to v and should communicate that interest to their supervisors. Employ( volunteered shall be selected to perform overtime work before nc unless management determines that work-related reasons exist non -volunteers. Overtime will only be scheduled for those err qualified to perform the work required. In all work units, ove equalized among employees who are similarly classified, except as Section 17.4 below. All other factors being the same, seniority may selection factor. 17.4 For overtime computation, vacation leave, holidays, funeral leave, ju military leave shall be considered as time worked. Absences from w sick leave will not be counted as time worked for overtime c Compensatory time shall not be used as compensation for overtime. unit employees who have used sick leave will be called in for overtime during the workweek in which they used sick leave only afte unit employees who have not used sick leave during that workweel called in, 21 work n it is in the ical way of nagement overtime who have olunteers, selecting gees fully ie will be iressea in used as a duty, and rk while on imputation. Bargaining mandatory bargaining have been ARTICLE 18 ON-CALL/STANDBY 18.1 On-call duty assignments must be authorized by the departme head. This assignment is made when it is necessary that an available for work due to an urgent situation during off-duty assignment will be given to the employees who normally perform tl normal hours of work. For employees on a standby status one time and one-half will be paid for each regular work day and an ad( pay at time and one-half on each non -work day and holidays. On-( be in addition to time worked. 22 or division mployee be me. Such work during ur of pay at onal hour of I hours shall 19.1 ARTICLE 19 CALL RACK 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. 23 ARTICLE 20 TEMPORARY ASSIGNMENTS 20.1 The County shall not be prevented from temporarily assigning or ap employee to perform work which would normally be done by an i another classification, when at the discretion of the County such an or appointment is necessary. 20.2 An employee temporarily assigned and/or transferred, at the discretion to perform work outside his normal classification shall st pay should said temporary assignment be to a lower classification. who is transferred temporarily to a classification which is not in unit shall be subject to check off deduction during the term of transfer. 20.3 An employee who is temporarily assigned a position in a higher shall be paid his regular rate of pay for the first five consecutive wor such assignment continues beyond five consecutive working days, tl shall receive the minimum rate of pay of the higher classification, $1 a 5% raise, whichever is greater for the initial five working days a over five days. Generally, the qualified, most senior employe( assigned and any scheduling should not be made to avoid th assignment pay. 20.4 An employee who is temporarily assigned to a crew leader or position will be paid one hour for each day of the assignment, r 24 pointing any employee in assignment partment's no loss of employee bargaining temporary ing days. If e employee per day, or id any work should be temporary supervisory ARTICLE 21 PROBATIONARY PERIOD 21.1 The probationary or "working test" period is an integral part of the promotion process. It is utilized to closely observe the new employe secure the most effective adjustment of a new employee to the posi, reject any employee whose performance does not meet the req standards. Probationary employees are generally ineligible for requested transfers or promotions. Probationary employees who ar to transfer or promote shall have their new probationary period run with their existing probationary period. 21.2 The probationary period shall be six months from the employee's work with the County or in the position to which the employee promoted. If the employee has completed the probationary period, th, shall be placed on regular status. Absent objection by the Union, may extend the probationary period for up to three months. Such a de be made at least two weeks before the end of the initial probationary notice shall be provided to both the employee and the union represen- 21.3 Regular status denotes final appointment in a specific County classification following successful completion of the probationary pe 21.4 Newly hired probationary employees may be dismissed at any discretion of the County and are not entitled to the grievanc procedures or payments of sick leave or vacation leave at time of to 21.5 If an employee who is serving a probationary period incurred as promotion is found to be unqualified to perform the duties of the hi a good faith effort will be made to return the employee to the positi held immediately prior to the promotion. If the employee's form filled, the employee may be transferred to a vacant position i employee qualifies. If no vacancy exists for which the employee is employee will be placed in a lay-off status with recall rights, 25 hiring and :'s work, to Jon, and to uired work employee permitted concurrent rst day of has been employee ie County :ision shall , and and me at the arbitration ination. a result of a Iter position, )r and status ,r position is which the a alified, the ARTICLE 22 PROMOTIONS/TRANSFERS 22.1 In filling all vacancies in the bargaining unit, employees qualification standards of education, training, certifications, other requirements for the position to which the promotion transfer is being sought. Standards and qualifications will be e; the basic requirements of the position. 22.2 Job openings will be posted on the employee bulletin boards a mi working days. Employees, excluding temporary and all initial employees, may initiate a written request for transfer/promotion con 22.3 An employee's eligibility for promotion and/or voluntary trans determined by the requirements of the new job. In addition, the em have both a satisfactory performance record and no disciplinary act warning or greater) during the preceding twelve-month period. Empl with external applicants will be considered. All things being el consistent with affirmative action plans, current employees preference. Current employee candidates for promotion andh transfer will normally be screened and selected on the basis of atte work records, performance appraisals, and job-related qualifications some instances, aptitude tests. Seniority will be considered if t candidates are judged to be equally qualified. 22A Promoted employees shall receive a 5% raise or the minimum of the whichever is greater. 22.5 Promoted employees will be placed on "promotion probation" status of six months. At the end of this period the employee may be e promotion probationary pay increase. 22.6 The County agrees to post management vacancies and will give employees consideration in filling those vacancies. 22.7 Nothing herein shall prohibit the County from transferring employee positions without complying with the foregoing provisions in the ca; accommodations, 'disciplinary reasons, voluntary demotions, or cause, Q11 meet the ince, and voluntary .d to meet of five ry er will be iloyee must ms (written �yees along ual, and if ahall have r voluntary idance and ncluding, in ro or more new grade, a period )le for a ina unit into vacant of medical good ARTICLE 23 DISCIPLINE 23.1 No employee covered by this agreement shall be disciplined or discharged without proper 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 County Commissioners, any of the following: A. Written Reprimand B. Suspension C. Demotion D. Discharge 23.4 All discipline may be processed as a grievance. 23.5 If there has been no additional written discipline, disciplinary actions 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 All discipline and discharge shall be administered within a time under the circumstances. 27 Board of shall not be period of ARTICLE 24 GRIEVANCE AND ARBITRATION GRIEVANCE PROCEDURE 24.1 Except when doing so would present an unreasonable risk to the safety, bargaining unit employees will follow all written and verbal ord superiors even if such orders are alleged to be in conflict with the Compliance with such orders will not prejudice the right to file a Brie, the time limits contained herein, nor shall compliance affect t resolution of the grievance. 24.2 A "grievance" is a claimed violation of this agreement, including but i the claim that a discharge or other disciplinary action violated a spec of this agreement. No grievance will or need be entertained or proc( presented in the manner described herein, and unless filed in a man herein within the time limit prescribed herein. A grievance may k bargaining unit employee or by the union (hereinafter the "grievant case, the procedure to be followed will be the same. The < management may mutually agree to waive any step.. Any employe( this agreement must use this grievance process and has no right grievance process (Le., administrative policy, etc.). 24.3 Any grievance, defined as a claim reasonably and suitably founded o of the terms and conditions of this agreement, shall systematicall grievance procedure as outlined herein. Any grievance filed shall provision or provisions of the agreement alleged to have been violatE 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 by written mutual agreement of the parties involved in that ste (B) A grievance presented at Step 2 and above shall be dated a the aggrieved employee presenting it. A copy of the grieva forwarded to. Human Resources by the grievant and/or the departmentdl fax machine will be made available for this decision rendered shall be written to the aggrieved employee the union and shall be dated and signed by the County's repr that step. (C) When a written grievance is presented, the County's rep return a dated and signed copy of it at that particular step. employees' ars given by agreement, make within he ultimate :)t limited to is provision >sed unless er provided filed by a ►. In either ievant and covered by any other n a violation y follow the refer to the !d, and shall extended signed by .e must be pion. The ,rpose. A Fith copy to .entative at shall (D) A grievance not advanced to the higher step within the time lin shall be deemed permanently withdrawn and as having been the basis of the decision most recently given. Failure on the County's representative to answer within the time limit set forth 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 u1; is based; 2. The section or sections of this agreement claimed to violated; and 3. The remedy or correction requested. (F) In the settlement of any grievance resulting in retroactive such adjustment shall be limited to ten calendar days prior to the filing of the grievance. STEPS FOR GRIEVANCE PROCESSING In the event a grievance arises, the employee must discuss the grievar immediate supervisor within three working days after he had knowle grievance. At the time of submitting the grievance, and to ensure that grit settled at the first opportunity, the aggrieved employee should request meeting with his supervisor prior to a Step 1 hearing to discuss the cir giving rise to the grievance. In the event the issue in dispute cannot between the supervisor and the grievant, the grievance may be preset grievant at Step 1 of the grievance procedure within five working days frorr the supervisory meeting. Such written grievance must indicate that the matt reviewed with the immediate supervisor. Step 1: The aggrieved employee shall present his grievance to his divisii aggrieved employee may request a representative of the union to Discussions will be informal for the purpose of settling differences in the most direct manner. The division head shall reach a decision and com writing to the aggrieved employee with a copy to the union within five work the date the grievance was presented to him. iit provided settled on part of the in any step which it have been the date of with his of his vances are in informal umstances e resolved ted by the the date of r had been head. The e present. mplest and inicate it in 1 days from Step 2: If the grievance is not settled in the first step, the aggrieved empl Yee, within five working 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 with the aggrieved employee, who may be accompanied by a union steward and thE union chief steward. The County will attempt to coordinate the meeting with both the rlevant 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 working days o the Step 2 29 meeting, unless such time is mutually extended in writing and the resolved, the grievance may then be forwarded to Step 3. ince is not Step 3: If the grievance is not settled in the second step, the aggrieved employee, within five working days of the time that the Step 2 decision was rendered, slIall forward the written grievance to the County Administrator or his designee. The County Administrator or his designee shall meet with the aggrieved employee, 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 designees iall forward his decision to grievant with a copy to the union within ten (10) working 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. 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 ext nded 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 Federco I Mediation and Conciliation Service. Payment for the arbitrator's services shall be aid by the losing party. If the arbitrator awards less than the entire remedy reque ted by the grieving party, the payment for the arbitrator's services shall be born equ lly by both parties. The arbitrator's decision shall be final and binding on the pa es, 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 exp nses 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 h aring shall bear the cost of such transcript unless the parties mutually agree W share the cost. Each party shall bear the expense of its own witnesses and of its own representatives forpurposes 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 charge, amend, add to, subtract from, or otherwise alter or supplement this agreement. The arbitrator shall have no authority to consider or rule upon any matter Nhich 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 30 supersede applicable state or federal laws, except to the extent as provided herein. 24.7 The arbitrator may not issue declaratory opinions and shall bi exclusively to the question which is presented, which question mus and existing. The arbitrator's decision shall be final and binding however, that either party shall be entitled to seek review of the decision as provided by law. 24.8 Nothing in this agreement shall prohibit the presence of a Union at any steps of the grievance procedure. 31 pecifically confined be actual provided, arbitrator's ARTICLE 25 SEPARATIONS 25.1 The effective date of separation shall be the last day on which the present for duty unless otherwise specified herein. 25.2 Resignation is defined as an action whereby an employee voluni County employment. An employee wishing to leave the County in gc shall file with the County a written resignation, stating the date and leaving. Such notice must be given at least two weeks prior to separation. Failure to comply with this courtesy may be cause for d employee re-employment with the County. Employees who are work for three consecutive work days without being excused or g notice of their absence will be considered as having voluntarily quit. ployee is y leaves standing isons for date of ing such ent from proper 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. 25.4 Termination shall be effective as of the date of death. All compensation and benefits due to the employee as of the effective date of separations iall be paid to the beneficiary, surviving spouse, or the estate of the employee, as determined by law or by executed forms in the employee'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 probationary employee has a particular skill required to perform certain duties and no one else employed by the County is qualified. Permanent employees are to be laid off based on their length of service, provided that the employees who are retained have the demonstrated ability and fitness to perform the available work. Laid -off permanent employees shall be placed in open positions for which they are qualified. 25.6 If an employee is laid off, the employee will be compensated for h is sick and vacation as if he were voluntarily quitting. Employees eligible for sick leave payment per Article 29.7 shall have the option of leaving the sick leave on account for up to obe year. A laid -off employee shall be eligible for conversion of employee health care benefits at the employee's 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 ypical pre- employment screening at the discretion of the County. No continuus service benefits of any kind shall accrue during the layoff period. 7 32 25.7 A discharge is the involuntary separation of an employee employment. Employees discharged for disciplinary reasons shall be eligible for re-employment and shall lose all seniority and privileges. A discharged employee will be allowed to discuss the c the union steward before the employee is required to leave the p County unless his presence creates an unsafe situation. The Coy the union steward upon the discharge of an employee in the barg; failure to give such notice shall not affect the validity of the dischar or discharge of newly hired probationary employees shall not be grievance or arbitration procedures. 25.8 The final pay for terminated employees will be prepared for distribi next normally scheduled pay date following the termination date, mailed if the employee requests so in writing. Otherwise, final pa! picked up in the Human Resources office by the employee or somec written authorization to do so. Final pay will be ready on the last v those retiring employees who are vested in the retirement plan. 25.9 At the time of separation and prior to receiving final monies due, books, assets, uniforms, keys, tools, and other items of County prc employee's custody shall be returned to the department. 25.10 Any outstanding debts incurred by an employee which are due the be deducted from the employee's final paycheck and/or termination 91C] )m County )t generally instatement charge with perty of the �Y will notify ing unit but . Discipline biect to the on on the It can be should be e who has irk day for all records, Derty in the ty shall pay - ARTICLE 26 INSURANCE 26.1 The County shall provide health insurance for all bargaining unit e their dependents in the same manner as the County's general unit employees, including the retiree health insurance subsidy, and medical insurance. 26.2 Regular full-time bargaining unit employees will continue to be participate in the County's life insurance program and may enroll in long-term disability, optional employee and family life insurance, and deferred compensation plan with additional providers. 26.3 Any claim settlement between the employee and the insurance be subject to the grievance procedures, M and ng eligible to to optional ie optional shall not ARTICLE 27 DRUG TESTING Teamsters Local Union No. 769 and Indian River County agree to the employees who are in the labor and trades bargaining unit: The parties understand that illegal drug use and/or misuse of alcohol and/ substances adversely affects employees' job performance and jeopardizes the safety of other employees and the public, and the reliability of t operations. Therefore, the County and the Union agree to implement th Workplace Program Policy adopted by the County with the following excepi exceptions will supersede the language in the County's policy: Reasonable Suspicion Drug Testing Employees shall notify their supervisors when under medically prescri with a controlled substance if they know or have reason to believe substance may limit their ability to perform their jobs. Any employee may be required by the County to submit to a blood, urinal, intoxilyzer test when there exists a reasonable suspicion that the employee i influence of alcohol or non -prescribed controlled substances on the job. If is based upon the observation of supervisors or managerial employees, ther conditions permit, two supervisors or managers should observe the eml employee will not be required to take any test unless a member of rr approves testing. When an employee is to be tested under this reasonabl provision, he may request the presence of his Union steward. If the stewal requested, and is on duty, he will be permitted to consult with the employe be tested prior to the time he goes to the specimen collection facility. Follow-up and Random Testing Follow-up and random testing for employees in non -safety -sensitive posi- permitted during the first twenty-four (24) months following an employee's successfully completing a rehabilitation program, and the frequency of shall be determined by the County. Follow-up and random testing for safety -sensitive positions shall be in accordance with 49 CFR Part 382. 35 for controlled eir safety, County's Drug -Free is. These treatment controlled Psis, and/or 30 under the uch reason , where job loyee. An suspicion has been who is to ms shall be Blease after ;uch testing nolovees in ARTICLE 28 LEAVES OF ABSENCE 28.1 Jury Duty Employees subpoenaed for jury duty shall receive regular pay foi missed from work. Such time shall be considered as time wort purpose of calculating overtime. Employees are expected to submi their subpoena which shall become a part of the personnel file and jury duty pay stub and a personal check for the amount of the jur excluding mileage pay. The check should be made payable to the "IF County Commissioners" and sent to the Human Resources [ Employees are expected to stay in touch with their supervisors rela court duty and County work schedules to minimize interference with t! there are three or more hours of the work day prior to reporting f 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 behalf of a public jurisdiction or as a result of their public emplo receive regular pay. Employees subpoenaed as witnesses (other tha during a criminal or civil trial will not be paid but may charg Employees who are plaintiffs or defendants in personal litigation n( their public employment are not eligible for regular pay. Vacation t used. 28.3 Military Leave An employee may request military leave to serve on active duty in a or required annual duty, and shall be compensated in accordance v and it shall be considered time worked. 28A Family Medical Leave Act The FMLA establishes the rights of eligible employees to a leave of up to 12 weeks. Effective March 26, 2006, eligibility for FMLA leoc determined on a rolling twelve (12) month period commencing from FMLA was used for birth, adoption, the care of a family member's se condition, or the employee's own serious health condition. It also the continuation of health insurance benefits while on leave and the employee to the same or an equivalent position at the end of the lea% 01 the hours ;d for the a copy of irn in their duty pay, Board of e to their it jobs. If or being witness on yment shall n as above) e vacation. >t related to me may be emergency h state law, Bence for shall be first day us health vides for im of the 28.5 28.6 Bereavement Leave A: This benefit is available for full-time permanent employees. Be Three working days may be given off with pay upon the member of the immediate family (defined for this benefit as step-parents, spouse, children and step -children, g grandfather, grandchild, brother, sister, mother-in-law, father, in-law, daughter-in-law, sister-in-law, brother-in-law, or legal the employee). C. Bereavement Leave will be authorized in minimum or increments and will be paid at the employee's current pay rate. D. Bereavement Leave shall not be regarded as an automatic thrl but is limited to the time needed to assist with arrangements attend, the funeral. E. If additional time off work is needed, or time off is needed for ic not covered by Article 28.5(B), vacation or sick leave may bE time off without pay can be arranged if justified. Sick leave this provision shall not be counted as an occurrence of sick. Other Leaves of Absence Employees are eligible for leave of absence for causes generally control of the employee. The duration of each leave of absen compensation received by the employee, if any, during the leave shall be determined by the County. Except as otherwise provided the grant a leave without pay (leave of absence) is a matter of ac discretion, and may only be approved by the County Administi designee. Leaves without pay must be requested by the employee (2) weeks prior to the leave, unless circumstances satisfactory to Administrator/designee render advance request impossible. All lea must be in writing. Extensions may be granted if requested at lea; days prior to the expiration of the leave, and approved by Administrator or his designee. For leaves of absence taken at the c employee, the County's health care plan will be extended until the month in which the leave of absence began. After that point, the er keep the plan only by paying the full premium amount (employee ai share) prior to the first of each month. If the leave of absence is dt beyond the control of the employee, as in the event of a medical f County will determine the period of time the health care plan will be County expense based upon the merits of the individual situation Ic but the employee would still be responsible for paying the emplo, share of the cost. 37 leath of a 3rents and indmother, t -law, son- uardian of day :e days off, for, and to i individual utilized, or sed under beyond the ,e and the Df absence decision to ministrative ator or his at least two the County to requests 1 seven (7) ,he County ption of the end of the ipeoyee can id employer ie to factors problem, the provided at ind the law, fee's typical 28.7 Employees who are unable to report for work because of arrest and ir carceration 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 will be made by the employee's department head and the Human Resources Director as to whetherto allow the resumption of active employment pending disposition of the charges. They shall determine whether reinstatement would be Consistent with the Cou ty'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 premi es for the suspension and argue for immediate reinstatement. Once anemployee has exhausted all available vacation leave, his vacant position may be posted and filled in accordance with the provisions of this agreement. 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 available, he shall be placed in a layoff status with recall rights as outlined in Article 25, Separations. 28.8 General Provisions The following provisions apply to leave without pay status: A. An employee granted a leave of absence must keep the informed of his current activity (school, medical, military, etc.) request for extension of the leave is made. In addition, th must keep the department advised of his current address Failure to comply with these provisions shall result in the emr dropped from leave of absence status, in which case he mi duty or be discharged. department each time a z. employee it all times. loyee being ist return to B. 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 b considered a resignation. D. No sick leave or vacation shall be accrued by an employee while he is on leave without pay. E. An effort will be made to return the employee to the positio and status held immediately prior to his leave of absence. If the employee's former position is filled, he may be transferred to a position for which he qualifies, 38 subject to the approval of the department 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, vcation, sick leave, or toward satisfying the probationary period. 7 28.9 Employees who are on worker's compensation leave may suppl worker's compensation payments with any accrued sick or vacation 100% of their regular take-home pay. 39 t their , up to ARTICLE 29 PAID SICK LEAVE 29.1 It is the policy of the County to permit employees to be absent from non -work related sickness or injury. In order to help employees m income during these absences, the County will provide compensatic to the guidelines in this Article. 29.2 Sick leave will accrue for all permanent full-time and perman( employees (hired before 6/22/01) beginning with the completion of calendar month of employment. Full-time employees will accrue month and part-time employees' accrual will be on a pro -rata basis, computed by dividing the employee's scheduled biweekly hours by 1 29.3 Sick leave may be used as it is accrued. To receive compensation on medical leave the employee shall notify the immediate supervi: as soon as possible after the period of absence begins. The SL request a physician's certification of the need for the absence suspicion of abuse of sick leave. In every case, a person using n consecutive work days of sick leave will present a certification of absence and clearance to return to work from a licensed medical K or D.O.). Failure to present such certification may prevent the ei being allowed to return to work or may result in progressive disciplin 29.4 Sick leave may be charged in minimum increments of one-half hour. 29.5 Sick leave may be applied for the following purposes: A. Personal injury or illness not connected with the job. For absence see Article 27. B. Medical, dental, optical, or chiropractic treatment/examination. C. Exposure to a contagious disease which would determined by a physician). D. Illness of a family member, defined as father, mother, sc brother, sister, husband, wife, father/mother-in-law, son/dai brother/sister-in-law, step-father/mother, step-son/daug brother/sister, grandparent, and guardian. Employees may i than five days of sick leave in, a calendar year for the illneE member, unless the illness qualifies for FMLA leave. all fork due to intain their according part-time lir first full m. day Der ne day" is file absent prior to or rvisor may there is a e than five ,ed for the /ider (M.D. loyee from action, connected others (as daughter, Iter -in-law, ,zr, step - t use more of a family 29.6 Sick leave incentive payment will be provided for full-time empl incentive to avoid sick leave abuse. as an A. At the close of each anniversary year (based upon the hire date), permanent full-time employees will be compensated for one-hcalf of all sick leave days accumulated over thirty. The days that are compensated for through this plan will be deducted from the employee's tota 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 maxi um. The hours that are compensated for will be deducted from the emp oyees' 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 lea a donation policy under the established terms and conditions of the sick leave donation policy. 41 ARTICLE 30 HOLIDAYS 30.1 It is the policy of the County to observe holidays each year on determined by the Board of County Commissioners. The holidays which shall be observed under this policy 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 department's vacation policy) L. Any other holidays authorized by the Board of County C 30.2 Permanent employees will receive holiday pay whether or not they at to work on the holiday. Permanent employees not normally sched on the day of the week the holiday is being observed will receive day's wage as holiday pay. An average day's wage is defined as ar scheduled bi-weekly pay divided by ten days. Employees normally work on the day of the week the holiday is being observed shall re( pay for the number of hours they are normally scheduled to work, e more or less than an average day's wage. 30.3 Temporary employees, part-time employees hired on or employees on unpaid leave of absence, and employees on layoff for holiday pay. 30.4 To receive holiday pay, an employee must be in an "active pay scheduled work days immediately preceding and immediately fo on which the holidAy is observed. 30.5 For pay purposes, holidays will be the County recognized day of the 30.6 Holidays which occur_ during an employee's annual leave or medical paid as holiday pay and shall not be charged against such ann medical leave. 42 schedule with scheduled led to work an average employee's cheduled to m.ive holiday fen if that is r 6/22/01, not eligible to on the the day oliday. re will be leave or 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 empl yee will be paid at time and one-half rate and these hours will not be incl ded when counting toward a 40 -hour work week for overtime purposes. 30.9 Holiday pay will be counted as time worked for overtime calculations. rM 43 31.1 It is the policy of the County to grant annual vacations with pay to per anent 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 Df hours in their work week according to the following schedule: 31.3 New employees may use vacation after completing their new hire pr( employee may use vacation leave in advance of it being accruec vacation is credited at the end of each month, and is shown on the p; for the pay period ending on or after the first of the following month. 31.4 Authorized vacation hours shall be counted as time worked for the computing overtime pay eligibility. 31.5 Employees will earn vacation monthly, in hourly increments, and ma unused vacation from year to year up to a maximum of 65 days. V will not accrue beyond the 65 -day mark. When the 65 -day vacai appears on the payroll prelist and the paycheck stub, the employe vacation by the last pay period in the month in which it is shoes documents, to have the accrual continue. If the vacation is use 44 carry over ration time in balance must take on those after that ACCRUAL RATES Service Days Per Yr. 37.5 Hr/Week 40.0 Hr/Week Hrs/Yr Hrs/Yr Hrs/IiMo 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 8.75 112.0 9.34 4 ins to q vrs. i 2 mnc, 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 I 1 yrs to 11 yrs. 12 mos. 17 127.5 10.63 136.0 11.34 12yrs 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 1 12.50 160.0 13.34 31.3 New employees may use vacation after completing their new hire pr( employee may use vacation leave in advance of it being accruec vacation is credited at the end of each month, and is shown on the p; for the pay period ending on or after the first of the following month. 31.4 Authorized vacation hours shall be counted as time worked for the computing overtime pay eligibility. 31.5 Employees will earn vacation monthly, in hourly increments, and ma unused vacation from year to year up to a maximum of 65 days. V will not accrue beyond the 65 -day mark. When the 65 -day vacai appears on the payroll prelist and the paycheck stub, the employe vacation by the last pay period in the month in which it is shoes documents, to have the accrual continue. If the vacation is use 44 carry over ration time in balance must take on those after that month, the accrual will resume but will not credit the balance monthly accruals missed due to being at the 65 -day maximum. 31.6 Vacation leave may be taken after approval by the division head or may be charged in increments as small as one hour. All vacati approved or denied within a reasonable period of time. No vacs unreasonably denied. 31.7 Employees shall not be paid for earned vacation leave in lieu of taki except upon termination of employment. Earned vacation leave fc who die while in County employment shall be paid to the same ber designated for the employer -paid life insurance benefit. 31.8 When a County observed holiday falls within an authorized period, that time shall be charged as holiday pay, and vacation charged. 31.9 Vacation leave will always be paid at the employee's pay level at vacation is used. 31.10 The County reserves the right to cancel authorized vacation or employees from vacation under emergency circumstances, 45 rely with gnee. It shall be shall be 1 the leave, employees 'iciary as is tion leave will not be time the call back ARTICLE 32 UNIFORMS, TOOLS AND EQUIPMENT 3201 For employees required to wear a uniform, 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 eceive one windbreaker jacket displaying the County logo. Bargaining unit emp oyees shall be given their choice of long or short pants, except for those positioi is for which the County makes the determination that long pants are req ired. The determination to require long pants will not be arbitrarily made. Su h uniforms are not to be worn except while employees are on the job and while traveling to and from the job. 32.2 Tools and equipment which are normally supplied by the County will be used properly and carefully by employees who require 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 loss or theft. 32.3 Tools and equipment provided by the County will be replaced byte County if they are stolen or broken during normal use and provided proper care and prescribed security measures have been followed and loss or brekage is not due to the employee's negligence or abuse. le ARTICLE 33 WAGES 33.1 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. For Fiscal Years 2005-2006 and 2006-2007 only, bargaining unit employees who are topped out in their pay range shall receive a lump sum anniversary amount of $800 not ad ed to their base upon successful evaluation. 33.2 All employees covered by this agreement shall receive on October 7, 2005 a cost -of -living increase of 3%. All employees covered by this agreement shall receive on October 6, 2006 a cost-ofAving increase of 2.5% or thecost-of-living increases provided to the County's general, non -bargaining unit employees, whichever is greater. 33.3 For the life of this Agreement the promotion probation pay increases all 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 befo a 4:00 a.m. will be eligible for shift differential at a rate of 5% of the regular hour y 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 I the payroll process. 47 period in ARTICLE 34 ENTIRE AGREEMENT 34.1 The parties acknowledge that during the negotiations which resu agreement, each had the unlimited right to make demands and prc respect to any subject or matter not removed by law from the area bargaining, They, therefore, each voluntarily and unqualifiedly waive the term of this agreement to bargain collectively with respect to referred to or covered in this agreement, or with respect to any subje not specifically referred to or covered by this agreement. Tt represents the entire agreement between the parties and no other or practices are binding upon either party hereto with respect to wags working conditions of the employees covered hereby. The employer obligated to continue any benefits or employee practices which it h engaged in prior to the execution of this agreement unless such practices are specifically set forth in this agreement, and past prac employer will not be considered in interpreting this agreement. r MO Ited in this posals with >f collective rhe right for any matter ct or matter is contract as, hours or ahall not be as given or benefits or tices of the ARTICLE 35 PRINTING AGREEMENT 35.1 This agreement shall be printed within a reasonable time by the C1 County shall provide three originals of the contract and 25 cor agreement to the union, and the union will be responsible for ani requests for copies. In addition the County shall keep a copy at el office, which will be available upon request for employee review. inty. The :s of this additional h division ARTICLE 36 SAVINGS CLAUSE 36.1 If any article, section, or provision of this agreement should be illegal or not enforceable by reason of any existing or subsequ, legislation or by judicial authority, all other articles and sections of tt shall remain in full force and effect for the duration of this agreer action occurs, the County and the union shall meet within thirty purpose of negotiating a mutually satisfactory replacement for such 50 ind invalid, Iv enacted agreement it. If such iys for the ARTICLE 37 DURATION OF CONTRACT 37.1 This agreement shall be effective October 7, 2005, shall remain in full force and effect until the 30th day of September, 2007, and 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. Agreed this 24th day of January , 2006. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA B Chairman Arthur R. Neuberger Attest: p��ah 4 - AO�LnCj — // Cpunty Administrator Clerk, - .71' G! 51 TEAMSTERS LOCAL UNION NO.769 By 9� President