HomeMy WebLinkAbout2020-062MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is entered into this 7th day of April, 2020 by and between
Teamsters Local Union No. 769, Inc., a Florida not-for-profit corporation (the "Union") and Indian River
County (the "County').
WHEREAS, effective October 1, 2019 the Union and County entered into the current Collective
Bargaining Agreement ("CBA") which remains operative through September 30, 2022; and
WHEREAS, on March 1, 2020 the Governor of the State of Florida issued Executive Order Number 20-
51 directing the Florida Department of Health to issue a Public Health Emergency due to the Novel
Coronavirus Disease 2019 ("COVID-19"); and
WHEREAS, on March 9, 2020 the Governor issued Executive Order 20-52 declaring a state of
emergency for the entire state of Florida as a result of COVID-19; and
WHEREAS, on March 17, 2020 Indian River County declared a local state of emergency in response to
the COVID-19 crisis with said declaration being affirmed and continued on March 24, and again on
March 31, 2020; and
WHEREAS, recently adopted federal legislation titled Families First Coronavirus Response Act (the
"Act") requires certain employers including Indian River County to provide their employees with up to
80 hours of paid sick leave for specified reasons related to COVID-19 available from April 1, 2020
through December 31, 2020 ("CV Sick Leave"); and
WHEREAS, The Act, in addition to mandating up to 80 hours of CV Sick Leave, requires expanded
family and medical leave for specified reasons related to child care for up to 12 weeks at 66.7% of their
equivalent rate of pay ("Expanded Family Leave"); and
WHEREAS, Section 9.4 of the CBA requires the County to equalize the compensable hours due
employees who are required to work and those employees who are released from duty with pay
during a County declared emergency; and
WHEREAS, in recognition of the contributions made by employees who are assigned to continue
working to provide services to the community during the COVID-19 crisis, the County is providing a
benefit beyond what the Act requires by converting any unused CV Sick Leave balance to vacation
leave on December 31, 2020; and
Now therefore, the Union and County Agree as follows:
Section 1. The aforementioned whereas clauses are incorporated herein and given full force and
effect.
Section 2. The County and the Union agree that that the CV Sick Leave and Expanded Family leave
required by the Act are applicable to Indian River County and that all benefits contemplated by the Act
expire on December 31, 2020.
Section 3. The County will establish a separate bank of leave to isolate the CV Sick Leave benefits
required by the Act which shall not affect the employees existing or future regular leave accruals or
related administrative polices. On December 31, 2020, the County will convert any remaining leave
from the 80 hours of paid CV Sick Leave required by the Act to each employee's vacation balance the
first pay period in January 2021 (the "Conversion Date"). In the event the Act is amended to extend the
current expiration date of December 31, 2020, the Conversion Date shall be extended to the first pay
period following the amended expiration date required by the Act. Any request for conversion of CV
Sick Leave prior to the Conversion Date shall be denied. To the extent an employee has not used all of
the employee's vacation balance converted from CV Sick Leave by December 31, 2021, the County will
allow the employee to carry over up to 40 hours above the vacation accrual maximum during the first
pay period in January 2022, to be used by December 31, 2022. The vacation maximums will return to
the established vacation carryover maximums as reflected in the CBA in effect on December 31, 2022.
Section 4. The County's conversion of CV Sick Leave to vacation leave does not apply or extend to the
Expanded Family Leave required by the Act and shall be expressly limited to the unused CV Sick Leave
balance required by the Act.
Section 5. The Expanded Family Leave and CV Sick Leave provisions of the Act related to child care are
not applicable to the provisions of Section 9.4 of the CBA.
Section 6. The County and the Union agree that upon separation of employment, employees are not
entitled to reimbursement for unused CV Sick Leave upon termination, resignation, retirement, or
other separation from employment prior to the Conversion Date.
Section 7. The Union acknowledges that the County's compliance with and supplement to the benefits
required by the Act and described herein are fully compliant with the terms of the CBA. The Union
acknowledges that the County's compliance with the Act and paid leave benefits provided to include
the sick leave conversion does not trigger additional compensation pursuant to Article 9.4 under the
County's Declaration of Emergency related to COVID-19.
Section 8. The Union and County agree that this Memorandum of Agreement shall not be binding on,
used as precedent, or relied upon in fp.tu,re,instances.
•o��M�s s I o r�Egs .,
INDIAN RIVER COUNTY RI,v'. •' TEAMSTERS LOCAL NO. 769
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By
�. By:
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usan A ms, Chairman '. i�; ..• t ..-o�?�: Steve Myers, Business Agent
dian_ er County Board of County �!ANRrdEac
Commissioners
ATTEST: Jeffrey R. Smith
Clerk of the Court and Comptroller
�D acyl
By: Deputy Clerk
Jason E. brow�h, County Administrator
Approved -as to for a sufficiency:
Dy Reingold, County Attorney