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HomeMy WebLinkAbout2000-293r-02 gyp.,9pP ,f` f�AD 5 CONTRACT BETWEEN INDIAN RIVER COUNTY AND TEAMSTERS LOCAL UNION NO. 769 October 9, 2000 RECFIVFD OCT 13 2000 CLERK TO'fHE BOARD 40 i do TABLE OF CONTENTS Page No. Article1 Recognition......................................................................................1 Article 2 Intent and Purpose............................................................................1 Article3 General............................................................................................1 Article 4 Non-Discrimination.........................................................................2 Article 5 Correspondence................................................................................2 Article6 Bulletin Boards.................................................................................2 Article 7 Management Rights..........................................................................3 Article8 Subcontracting..................................................................................5 Article9 Availability.......................................................................................5 Article10 Safety...............................................................................................6 Article 11 Union Representation & Access........................................................7 Article 12 Payroll Deduction of Union Dues.....................................................8 Article 13 No Strike - No Lockout.....................................................................9 Article 14 No Concurrent Employment............................................................10 Article 15 Attendance and Punctuality.............................................................10 Article16 Hours of Work................................................................................11 Article17 Overtime........................................................................................12 Article 18 Cin-Call/Standby.............................. .............. ................................. 13 Article19 Call Back........................................................................................13 Article 20 _Temporary Assignments...................................................................13 Article 21 Probationary Period........................................................................14 Article22 Promotions..................................................................................... 15 Article 23 Article 24 Article 25 Article 26 Article 27 Article 28 Article 29 Article 30 Article 31 Article 32 Article 33 Article 34 Article 35 Article 36 Article 37 Page No. Discipline......................................................................................15 Grievance and Arbitration...............................................................16 Separations.....................................................................................19 Insurance........................................................................................21 RESERVED......................................................................................22 Leaves of Absence..........................................................................22 PaidSick Leave...............................................................................25 Holidays.........................................................................................27 VacationLeave...............................................................................28 Uniforms, fools and Equipment ......................................................29 Remuneration.................................................................................30 EntireAgreement............................................................................30 Printing Agreement.........................................................................31 SavingsClause................................................................................31 Duration of Contract.......................................................................31 ARTICLE -1 RECOGNITION 1,1 Indian River County (the "County") recognizes Teamster Local Union #769 affiliated with the International Brotherhood of Teamsters, AFL-CIO (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 #94-027 excluding all other employees. Probationary employees shall have no grievance rights whatsoever. 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 unison; 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. ARTICLE 3 GENERAL i 3.1 Masculine pronouns used herein shall refer to men or women or froth. 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. 3.4 Whenever the terms "County Administrator" or "Department Head" are used, the terms shall be interpreted to include their duly authorized representatives. 1 4.1 Neither the County nor the union shall discriminate against any employee covered by this agreement in a manner which would violate any applicable law. Q RRA 5.1 Unless otherwise provided in this agreement all correspondence from the union to the County shall be directed to the Personnel 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 Personnel Director or union business representative an 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. 5.2 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 1840 25th Street 862 20th Place Vero Beach, FL 32960 Vero Beach, FL 32960 (561) 567-8000 (561) 978-0011/12/13 5.3 Each party shall copy the other on any and all correspondence pertaining to the contract sent to or received from PERC. 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 and where the County has an official bulletin board. C� 40 3 maintain the minimum qualifications for gob 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, fob 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; nor may the Union require the County to negotiate over the decision or its effects on the employees except as altered by this agreement. The exercise of the rights specifically listed in this article does not preclude the employees or their representatives -from conferring with management or raising questions about the practical consequences that decision on these matters may have on the terms and conditions of employment, 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. 7.4 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 O • whatever means is appropriate in the circumstances. $UBC©NTRACTING 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. 8.2 The County reserves the right to subcontract work. Should subcontracting 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 subcontracting agenda item. If employees are laid off due to subcontracting, they shall have the rights provided under Article 25, Separations. f1 ilI:MPM AVAILABILI7y 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 Ali 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 It is understood that some employees will be required to work during declared emergencies such as hurricanes. 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 time (unpaid if other County employees are not paid, paid if other Copunty employees are paid) to secure their families and personal property prior to reporting for duty. Employees required to work during declared emergencies shall be paid one and one half -0 1121 times their regular rate of pay for all hours worked during the do i 1® declared emergency. Nothing herein prevents the County, on a case-by-case basis, from paying employees required to work during declared emergencies more than one and one half 0 112) times their regular rate of pay. SAFETY 117.1 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 xmd 91 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. boots/safety toed shoes E. safety vests (when required) F. safety goggles (when required) G. uniforms Those employees required to wear safety shoes in accordance with this article shall be reimbursed at a rate of $60 annually for said purpose. 10.3 Any employee shall have the right to present safety concerns and recommended solutions in writing to the Risk Manager. The Disk Manager shall respond in writing to the employee within 15 working days. 10.4 The County shall provide copies of the safety policy to all employees. 6 10.5 Employees determined by the County to be at risk shall be provided vaccinations for Hepatitis "A " and Triple "T" (Typhoid, Tetanus & Diphtheria). 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 13 stewards. Each steward will represent employees only in hiAer department or group of departments, as follows; Ama 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 u i + 2 2 2 (one per shift) 2 (one per shift) 1 The union may designate one of the stewards to be the Chief Steward. 11.3 The business representative of the union shall notify the Personnel 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 an 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. 7 C-1 • ti 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. 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 Personnel 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. PAYROLL DED UCION 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 Personnel Department. The County will not deduct dues in arrears except to correct errors made by the County. 12.2 Union dues deductions shall be made on the second payday 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. 12.4 An authorization for dues deduction may be canceled after thirty days from the date written employee notice of the cancellation is received by the 'Personnel Department of the County. A copy of the cancellation notice shall be provided to the union by the 8 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 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. N(? STRIKE - NC IC_)CK(lUT 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. i :.2 The union agrees to notify all local officers and representatives of their obligation and responsibility for maintaining compl iance 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. 13.4 Nothing contained herein shall preclude the County from obtaining judicialrestraint and damages in the event of a violation of this article. 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. 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. 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. Absences in excess of those allowed by policy, tardiness or leaving early without proper authorization are grounds for discipline. 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, the division clerk or the Personnel Department should be contacted and given the same information. 15.4 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 it to return to work. 10 C> W Li 15.6 Employees who are absent from work for three consecutive workdays without giving any notice to the County 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. ARiO.E 16 WE 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 and breaks 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 11 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 16.4 Article 16.1 notwithstanding, the County may hire swing shift operators and mechanics who may be assigned to differing shifts and/or schedules without receiving five working days advance notice of the change in shifts and/or schedules. 1 b,!) The October 23, 1998 Memorandum of Understanding between the parties is incorporated into this Agreement, and is hereby modified to reflect that a bargaining unit employee who has worked 16 or more hours in any 24-hour period is entitled to a rest period of 6 hours, and that the 24-hour period begins anew whenever the employee returns to or resumes duty after being relieved from duty for at least 6 continuous hours. QVERIMH 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. 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. 17.4 for overtime computation, holidays, funeral leave, jury duty, and military leave shall be considered as time worked. Other absences from work while on pay status, such as sick leave and vacation leave, will not be counted as time worked for overtime computation. Compensatory time shall not be used as compensation for overtime. 12 Bargaining unit employees who have used sick leave or vacation leave will be called in for mandatory overtime during the workweek in which they used sick leave or vacation leave only after bargaining unit employees who have not used sick leave or vacation leave during that workweek have been called in. 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. For employees on a standby status one hour of pay at time and one-half will be paid for each day. On-call hours shall be in addition to time worked. CALLOACK 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 7equires the prior approval of the department head or designee. 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 to perform work outside his normal classification shall suffer no loss of pay should said temporary assignment be to a lower 13 classification. 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 working days. If such assignment continues beyond five working days, the employee shall receive the minimum rate of pay of the higher classification or a 5% raise, whichever is greater for any work over five days. 20.4 An employee who is temporarily assigned to a crew leader or supervisory position will be paid one-half hour at time and one-half for each day of the assignment. 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. 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. 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 positron 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. 14 +i! 0 ORLI_ PRQMOTIONS 22.1 In filling all vacancies in the bargaining unit, employees shall meet the qualification standards of education, training, experience, and other requirements for the position to which the promotion 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 clays. Employees, excluding temporary and all probationary employees, may initiate a written request for transfer/promotion consideration. 22.3 An employee's eligibility for promotion will be determined by the requirements of the new job. in addition, the employee must have both a satisfactory performance record and no adverse disciplinary actions during the preceding twelve-month period. Employees along with external applicants will be considered. All things being equal, and if consistent with affirmative action plans, current employees shall have preference. Current employee candidates for promotion 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 if two or more candidates are judged to be equally qualified. 22.4 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. 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. 15 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. Oral Reprimand B. Written Reprimand C. Suspension D. Demotion E. Discharge 23.4 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 I offenses after one year. Class 2 offenses after two years. Class 3 offenses after four years. Eel :. r . t t 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 6y the union (hereinafter the "grievant"). In either case, the procedure to 16 40 4P 0 be Followed will be the same. The grievant and management 171ay mutuaolly agree to waive any step. 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 Mules 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 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. 1 (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: I . 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. 17 i 40 C-1 STEPS FOR GRIEVANCE PROCIS5ING In the event a grievance arises, the employee must discuss the grievance with his immediate supervisor within three working 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. 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. 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 working days from the date the grievance was presented to him. Step 2: if the grievance is not settled in the first step, the aggrieved employee, within five working days, 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 or a union representative. Within five working days after the receipt of the grievance, unless such time is mutually extended in writing and the grievance is not resolved, the grievance may then be forwarded to Step 3. Step 3: The County Administrator or his designee shall obtain the facts in the case and forward his decision to grievant with a copy to the union within ten (10) working days of the Step 3 hearing, 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. 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 Meditation and Conciliation Service. Payment for the arbitrators services shall be born equally by both parties. The arbitrators 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. 18 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 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. 23.7 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 be final and binding; provided, however, that either party shal I 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. 25.1 The effective date of separation shall be the last 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, stating 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 may 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 19 40 • • 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. 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 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 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 his 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 one 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 typical pre-employment screening at the discretion of the County. No continuous service benefits of any kind shall accrue during the layoff period. 25.7 A discharge is the involuntary separation of an employee from County employment. Employees discharged for disciplinary 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 required to 'leave the property of the Cousity 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.b The final pay for terminated employees will be prepared for distribution on the next 20 40 4b 40 between the employee and the insurance carrier shall not be subject to the grievance procedures. 27.1 RESERVED. l 28.1 Jury Duty Employees subpoenaed for jury duty shall receive regular pay for the hours missed from work. Such time shall be considered as time worked for the purpose of calculating overtime. Employees are 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 Personnel Department. Employees are expected to stay in touch with their supervisors relative to their court duty and County work schedules to minimize interference with their yobs. Upon being released from jury duty, employees should return to work, even for a partial work day. 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 serve 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. 22 2€1.4 Family Medical Leave Act The FMLA establishes the rights of eligible employees to a leave of absence for up to 12 weeks in a twelve (12) month period from their employment for birth, adoption, the care of a family member's serious 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. 28.5 Bereavement Leave A. This benefit is available for full-time permanent employees. B. Lip to three working days may 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, brother, sister, mother-in-law, father-in-law, son-in-law, slaughter -in-law, sister-in-law, brother-in-law, or legal guardian of the employee). C. Bereavement Leave will be authorized in minimum one-half day increments and will be paid at the employee's current pay rate. D. Bereavement Leave shall not be regarded as an automatic three days off, but is limited to the time needed to assist with arrangements for, and to attend, the funeral. If additional time off work is needed, vacation or sick leave may be utilized, or time off without pay can be arranged if justified. 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 each 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 otherwise provided the decision to grant a leave without pay (leave of absence) is a matter of administrative discretion, and may only be approved by the 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 granted 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 23 ilL 40 health care plan will be extended until the end of the month in which the leave of absence began. After that point, the employee can keep the plan only by paying the full premium amount (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 event of a medical problem, the County will determine the period of time the health 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. 28.7 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 will be made by the employee's department head and the Personnel Director as to whether to allow the resumption of active employment pending disposition 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. 28.8 General Provisions The following provisions apply to leave without pay 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 his 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. 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 be considered a resignation. D. No sick leave or vacation shall be accrued by an employee while he is on leave 24 40 40 4 without pay. E. An effort will be made to return the employee to the position 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, subject to the approval of the department bead 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. 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. 29.1 It is the policy of the County to permit employees 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-time and permanent part-time employees beginning with the completion of their first full calendar month of employment. Full- time employees will accrue one day per month and part-time employees' accrual will be on 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 immediate 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 present a certification of need for the absence and clearance to return to work from a licensed medical provider. Failure to present such certification may prevent the employee from being allowed to return to work or may result in no pay for the period of absence. 29.4 Sick leave may be charged in minimum increments of one-half hour. 25 M 29.5 Sick leave may be applied for the following purposes; Aw Personal injury or illness not connected with the job. For work connected absence see Article 27. B. Medical, dental, optical, or chiropractic treatment/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/mother-in-law, son/daughter-in-law, brother/sister- in-law, step-father/mother, step-son/daughter, step-brother/sister, grandparent, and guardian. 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 fuil- time employees will be compensated 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. 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 deducted 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 he paid for unused sick leave. 26 40 i 140 30.1 it is the policy of the County to observe holidays each year on a schedule determined by the 'Board of County Commissioners. The holidays which shall be observed under this policy are: I A. New Year's Day B. Good 'Friday s C. Memorial Day D. Independence Day E. Labor Day F. Veteran's Day G. Thanksgiving Day H. Day after Thanksgiving 1. Day before Christmas I. Christmas Day 30.2 Permanent employees will receive holiday pay whether 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 observed will receive an average day's wage as holiday pay. An average day's wage is defined as an employee's scheduled bi-weekly pay divided by ten days. Employees normally scheduled to work on the day of the week the holiday is being 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, employees on unpaid leave of absence, and employees on layoff are not eligible for holiday pay. 30,4 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 A holiday that occurs on a Saturday or 5unday may be observed on either the preceding Friday or following Monday. 30,6 Holidays which occur during an employee's annual leave or medical leave will be paid as holiday pay and shall not be charged against such annual leave or medical leave. 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. 27 30.8 Any work performed on an observed holiday by a nonexempt employee will be paid at time and one-half rate and these hours will not be included when counting toward a 40 -hour work week for overtime purposes. 313.9 Holiday pay will be counted as time worked for overtime calculations. 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 establishes! below. Full-time employees will accrue paid vacation leave based on the number of hours in their work week according to the following schedule: 31.2 Part-time employees 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 im 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 28 ACCRUAL. RATES I Service Days Per Yr. 37.5 Hr/Week Hrs/Yr WOW 40 HrMoek HrslYr Firs/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 36.0 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 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 1.1 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 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 im 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 28 40 • CI period ending on or after the first of the following month. 31.4 Authorized vacation hours shall not 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 maximum of 30 days. Vacation time will not accrue beyond the 30 -day mark. When the 30 -day vacation balance appears on the payroll prelist and the paycheck stub, the employee must take vacation by the last pay period in the month in which it is shown on those documents, to have the accrual continue. If the vacation is used after that month, the accrual will resume but will not credit the balance retroactively with monthly accruals missed due to being at the 30 - day maximum. 31.6 Vacation leave may be taken after approval by the division head. It may be charged in increments as small as one hour. 31.7 Employees shall not be paid for earned vacation leave in lieu of taking the leave, except upon termination of employment. Earned vacation leave for employees who die while in County employment shall be paid 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 wilt 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. ARTICLE 32 UNIFORMS, TOOLS AND EQUIPMENT 32.1 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 -clay employees will have 11 sets and four-day employees will have 9 sets. Bargaining unit employees shall be given their choice of long or short pants, except for those positions for which the County 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 job. 29 C.1 4W 0 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 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. Rig r. _;.r 33.1 Based on satisfactory performance, all employees covered by this agreement shall receive a pay progression raise of 5% under the same policy as shown in AM 304.1; provided, however, that no employee's salary shall exceed the maximum salary of the pay range. 33.2 All employees covered by this agreement shall receive a cost -of -living increase of 3% on October 1, 2000 and 3% on October 1, 2001. 33.3 For the life of this agreement the promotion probation pay increase shall be 5%. 33.4 There shall be a shift differential of 5% for utility workers only for the life of this agreement. 33.5 All pay matters not specifically dealt with in this article shall be handled pursuant to the policies in the "Pay Practices" section of the Administrative Policy Manual. 34.1 The parties acknowledge that during the negotiations 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 collectively 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 thus 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, Fours or working conditions of the employees covered hereby. The 30 4b CA 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 agreement 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. 35.1 This agreement shall be printed within a reasonable time by the County. The County shall provide three originals of the contract and 14 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 av-rilable upon request for employee review. 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 existing 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. ,J ARTICLE 37 37.1 This agreement shall be effective as of the first day of October, 2000, and shall remain in full force and effect until the 30th day of September, 2002, and shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing 180 days prior to the anniversar/ 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, 31 Agreed this 3rd day of Oct r)bnr _2000. BOARD OF COUNTY COMMISSIONERS TEAMSTERS LOCAL UNION NO.769 INDIAN RIVER COUNTY, FLORIDA By a.' )G C z&.,p By Chainizan ['resident Fran B. Adams A.t....G� r\ mer Clerk Tea Uzi slers00-A2 C I3 AF i n a l By 11,elW4 Z— Business Representative