HomeMy WebLinkAbout2024-245CONTRACT
BETWEEN
INDIAN RIVER COUNTY
AND
TEAMSTERS LOCAL UNION NO. 769
October 1, 2024 - September 30, 2027
TABLE OF CONTENTS
Page No.
Article 1 Recognition 1
Article 2 Intent and Purpose 2
Article 3 General 3
Article 4 Nondiscrimination 4
Article 5 Correspondence 5
Article 6 Bulletin Boards 6
Article 7 Management Rights 7
Article 8 Subcontracting 9
Article 9 Availability 10
Article 10 Safety 12
Article 11 Union Representation & Access 14
Article 12 Union Dues 16
Article 13 No Strike - No Lockout 17
Article 14 No Concurrent Employment 18
Article 15 Attendance and Punctuality 19
Article 16 Hours of Work 20
Article 17 Overtime 22
Article 18 On-Call/Standby 23
Article 19 Call Back 24
Article 20 Temporary Assignments 25
Article 21 Probationary Period 26
Page No.
Article 22 Promotions/Transfers 28
Article 23 Discipline 31
Article 24 Grievance and Arbitration 32
Article 25 Separations 36
Article 26 Insurance 39
Article 27 Drug Testing 40
Article 28 Leaves of Absence 42
Article 29 Paid Sick Leave 46
Article 30 Holidays 48
Article 31 Vacation Leave 50
Article 32 Uniforms, Tools and Equipment 52
Article 33 Wages 53
Article 34 Entire Agreement 56
Article 35 Printing Agreement 58
Article 36 Savings Clause 59
Article 37 Duration of Contract 58
Attachment A Teamsters Pay Plan
Drug Free Workplace Policy
ARTICLE 1
RECOGNITION
1 .1 Indian River County (the "County") recognizes Teamster Local Union #769
affiliated with the International Brotherhood of Teamsters (the "Union") as the
exclusive bargaining agent for PERC purposes for the employees in the unit
designated by the Florida Public Employees Relations Commission (PERC) in
Certificate #1067 excluding all other employees. Probationary employees shall
have no grievance rights whatsoever.
1
ARTICLE 2
INTENT AND PURPOSE
2.1 It is the intent and purpose of the parties hereto to set forth herein the basic
agreement covering rates of pay, hours of work, and conditions of employment;
to achieve and maintain harmonious relations between the County and the union;
to ensure the continuous, uninterrupted and efficient operation of all
departments; and to provide for the prompt and amicable adjustment of
differences which may arise.
ARTICLE 3
GENERAL
3.1 Masculine pronouns used herein shall refer to men or women or both. The use of
masculine job classification titles shall be construed as including both genders.
3.2 Unless otherwise stated in this agreement, references to "days" shall mean
calendar days and not work days.
3.3 The term "Department Head" as used in this agreement is defined as the level of
administrator in the employees' department or division who reports directly to the
County Administrator.
3.4 Whenever the terms "County Administrator" or "Department Head" are used, the
terms shall be interpreted to include their duly authorized representatives.
3
ARTICLE 4
NONDISCRIMINATION
4.1 Neither the County nor the union shall discriminate or permit the unlawful
harassment against any employee covered by this agreement because of race,
religion, color, national origin, age, gender, or disability in a manner which would
violate any applicable law.
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ARTICLE 5
CORRESPONDENCE
5.1 By mutual agreement of the Employer and the Union, there is hereby established
a Joint Labor-Management Committee, which shall consist of not more than four
(4) members designated by the Union and four (4) members designated by the
County. The Union Committee membership shall consist of persons from within
the position classifications covered by this agreement. Permanent members of
the committee will be the Union Business Agent, the Chief Steward, and the
County Human Resources Director. Nothing herein requires the attendance of
the County Administrator at any Labor-Management Committee meeting.
5.2 This Labor-Management Committee shall meet if mutually agreed to by both
parties, and such meetings may be held during working hours (see Article 11.4).
5.3 The purpose of these meetings will be to discuss the problems and objectives of
mutual concern, but in no way shall involve specific grievances filed or
contemplated or matters which have been the subject of current collective
bargaining issues between the parties.
5.4 An agenda, listing the items for discussion, will be forwarded by the party
requesting such meeting to the other party no later than three (3) days prior to
the meeting.
5.5 Unless otherwise provided in this agreement all correspondence from the union
to the County shall be directed to the Human Resources Director and all
correspondence from the County to the union shall be directed to the business
representative. To comply with the time limits contained in this agreement, such
correspondence shall actually be received by the Human Resources Director or
union business representative on or before the date due unless sent via the U.S.
Postal Service. When the U.S. Postal Service is utilized, all time limits contained
in this agreement shall be considered to be met so long as the postmark date is
in compliance with the specified time limit.
5. 6 It is the responsibility of the union to furnish the County with a mailing address for
it and to advise the County of any address changes. The initial addresses are as
follows:
COUNTY UNION
Indian River County Teamsters Local Union #769
1800 27th Street 3400 43rd Avenue, Suite 3
Vero Beach, FL 32960 Vero Beach, Fl 32960-1808
(772) 226-8000 (772) 978-0011
5. 7 Each party shall copy the other on any and all correspondence pertaining to the
contract sent to or received from PERC.
5
ARTICLE 6
BULLETIN BOARDS
6.1 The County will furnish space for the Union to place one bulletin board at each
location where bargaining unit employees regularly report to work.
6.2 The Human Resources Director shall approve the exact location for placement of
all bulletin boards. Bulletin boards may be no larger than 20 inches by 30 inches,
unless mutually agreed to by the parties.
6.3 All notices placed on such bulletin boards shall relate solely to official union
business. Notices posted shall not contain derogatory, defamatory, inflammatory,
or untrue statements about the County or any of its officials. Bulletin boards shall
not be used to communicate with the general public, to distribute political matter,
or for advertising. All notices shall clearly state that they are "Teamster Notices"
and shall be signed and dated by the union business representative or chief
steward, who will accept full responsibility for their content. The Union shall
attempt to furnish a copy of any material to be posted to the Human Resources
Director or her designee prior to posting. If the Union is unable to furnish the
materials prior to posting, the materials shall be furnished as soon as possible
after posting.
6.4 The union stewards shall check all bulletin boards at reasonable intervals to
ensure that no unauthorized materials have been posted. If unauthorized
materials have been posted or if the union chief steward has been notified that
bulletin boards contain unauthorized materials, the union chief steward shall
cause such unauthorized materials to be removed immediately. If the
unauthorized material is not removed by the union chief steward, it may be
immediately removed by the County. Employees who post material that violate
this Article may be subject to disciplinary action in accordable with applicable
rules and regulations.
6
ARTICLE 7
MANAGEMENT RIGHTS
7.1 Except as otherwise specifically limited in this agreement, the Union recognizes
and agrees that the supervision, management, control and determination of the
County business, operations, working force, equipment, and facilities are
exclusively vested in the County and its designated officials, administrators,
managers, and supervisors. The County alone shall have the authority to
determine and direct policies, mode, and methods of providing its services and
unilaterally set the standards for same, without any interference in the
management and conduct of the County's business by the Union or any of its
representatives. Except as expressly limited by a specific provision of this
agreement, the County shall continue to have the exclusive right to take any
action it deems necessary or appropriate in the management of its business and
the direction of its work force. Without limiting the generality of the foregoing,
such rights exclusively reserved to the County shall include but not be limited to
its right to determine the existence or nonexistence of facts which are the basis
of management decisions; the right to determine the size and composition of its
work forces; to determine the existence of a job vacancy; to temporarily fill
vacancies; to hire new employees from the outside at any level; to select,
reinstate, retire, promote, demote, evaluate, transfer, suspend, assign, direct,
lay-off and recall employees subject to the express provisions of this agreement;
to determine the fact of lack of work; to determine questions of physical fitness,
skills and ability of employees to perform the work; to reward or reprimand, dis-
charge or otherwise discipline employees; to maintain the minimum quali-
fications/certifications for job classifications and the amount and type of work
needed; to engage in experimental and development projects; to determine what
records are to be made and kept, including those records relating to hours of
work of employees, who will make and keep the records, how the records are to
be made and kept; to establish new jobs, abolish or change existing jobs; to
determine the assignment of work; to contract out or subcontract work; to
schedule the hours and days to be worked on each job and to make time studies
of work loads, job assignments, methods of operation and efficiency from time to
time and to make changes based on said studies; to expand, reduce, alter,
combine, transfer, assign, cease, create, or restructure any department or
operation for business purposes; to control, regulate, and determine the number,
type and use of supplies, machinery, equipment, vehicles, and other property
owned, used, possessed or leased by the County; to introduce new, different or
improved methods, means and processes of County services and operations; to
make or change rules and regulations, policies and practices for the purpose of
efficiency, safe practices and discipline; and otherwise generally to manage the
County, direct the work force, and establish terms and conditions of employment,
except as modified or restricted by a provision of this agreement.
7.2 The County's failure to exercise any function or right hereby reserved to it, or, its
exercising any function or right in a particular way, shall not be deemed a waiver
to its rights to exercise such function or right, nor precludes the County from
exercising the same in some other way not in conflict with the express provisions
of this agreement. The Union agrees that the County may exercise all of the
above without advising the Union of any proposed action. The exercise of the
rights specifically listed in this article does not preclude the employees or their
representatives from conferring with management, raising questions about the
practical consequences that decision on these matters may have on the terms
and conditions of employment, or impact bargaining in accordance with
applicable law.
7.3 Past practices of the Board of County Commissioners or County management
shall not be considered for the purpose of limiting the rights, responsibilities, or
prerogatives of management, nor for the purpose of enlarging upon the specific
and express limitations on management which are contained in this agreement.
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 whatever means is appropriate in the
circumstances.
7.5 The employer will not unilaterally change, except as allowed herein or by the
Florida Public Employees Relations Act, employees' wages, hours, or working
conditions established by this agreement or working conditions known to
management which existed prior to this agreement.
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ARTICLE 8
SUBCONTRACTING
8.1 For purpose of this agreement subcontracting shall mean work which is
contracted out by the County to an agency, person, company, or other provider
which results in the direct displacement or layoff of then existing bargaining unit
employees or existing bargaining unit work.
8.2 The County reserves the right to subcontract work. Should subcontracting occur
which will result in the elimination of budgeted bargaining unit positions, the
County agrees to notify the union when the request to subcontract is put on the
County Commission agenda. The union reserves the right to appear before the
County Commission and express its position to the County Commission for
consideration at the time the Commission considers the subcontracting agenda
item. If employees are laid off due to subcontracting, they shall have the rights
provided under Article 25, Separations.
9
ARTICLE 9
AVAILABILITY
9.1 All County employees are subject to call back and as such shall keep the County
informed of their address and telephone number, if they have a phone. If the
employee has no telephone, it shall be the employee's responsibility to provide
another means of communication which will provide access within 15 minutes.
9.2 All employees being paid for stand-by must maintain availability during such
stand-by period. Employees who do not answer a page during such stand-by
status shall be subject to disciplinary action and will not receive payment for the
designated stand-by period.
9.3 The parties recognize that the employees covered by this agreement are
essential to the successful operations of County facilities and services during a
declared emergency. As such, the parties agree that as a condition of these
employees' employment with Indian River County, they must be available and
able to report to work and perform assigned duties as directed by management
during a declared emergency. The failure to report to work and/or perform
assigned duties as directed by management during a declared emergency may
be cause for disciplinary action up to and including termination of employment
with Indian River County.
9.4 The County will attempt to provide employees as much notice as possible that
they will be required to work during the declared emergency. It is the
responsibility of employees to heed advance warnings of potential emergencies
and prepare for the possibility of a declared emergency outside of normal
working hours by securing their property and making an emergency plan for their
family members. Employees who will be required to report for duty during a
declared emergency, who may need time away from work to secure their
property prior to reporting for duty before the event, may request paid vacation
leave or unpaid leave of up to 4 hours. The County will attempt where able
under the circumstances to approve time off unless there is an emergent staffing
need preventing approval. After the event, the County will attempt, where able
under the circumstances, to release employees who were required to work
through the event from duty to secure their families and personal property. If
nonessential employees are released from duty with pay in response to a
forecasted threat or actual County-declared emergency, bargaining unit
employees who are required to complete their shift shall be paid for the
remainder of their normally scheduled shift at two (2) times their regular rate of
pay for all hours worked during the same time period that the nonessential
employees are not required to work. Employees who are required to work
beyond the end of their normal shift during the declared emergency shall be paid
one and one half (1 1/2) times their regular rate of pay for all hours worked.
Nothing herein prevents the County, on an event-by-event basis and in its
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discretion, from paying employees required to work during declared emergencies
more than one and one half (1 1/2) times their regular rate of pay.
9.5 The County shall provide food and shelter for personnel who are required to work
during a County declared emergency, unless circumstances render the County
unable to do so.
9.6 The County shall provide leave before, during, and after a declared emergency
as required by the Family and Medical Leave Act.
11
ARTICLE 10
SAFETY
10.1 All employees and the County shall be responsible for following the provisions of
the safety policy manual provided to them. The County shall continue to have
the right to 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. Notice of changes to the
employee safety policy manual will be provided to the Union and conspicuously
posted in all work areas. Except in the case of any emergency, such changes
will be posted at least five working days before the effective date of the change.
Failure to follow prescribed safety procedures may result in disciplinary action.
10.2 Protective devices, wearing apparel, and other equipment necessary to protect
employees from injury shall be provided by the County. Such items, when
provided, must be used and the Union agrees that willful neglect or failure by an
employee to obey safety regulations and to use safety equipment shall be just
cause for disciplinary action. Protective devices, apparel, and equipment
applicable herein are listed below and include but are not limited to.
A. gloves
B. rubber boots (when required)
C. safety hard hats (when required)
D. safety vests (when required)
E. safety goggles (when required)
F. uniforms
G. sunscreen
H. safety glasses
I. rain gear (when required)
J. hearing protection
Those employees required to wear safety shoes in accordance with this article
shall be paid $250 annually. Such payment shall be made the first full pay period
of October each year. New employees hired on or after October 1 but before
March 31 will be paid a prorated amount of$125 and payment shall be made the
first full pay period of April each year. Those employees hired after April 1 will
not be eligible for the payment until the following October.
10.3 Any employee shall have the right to present safety concerns and recommended
solutions in writing to the Risk Manager. The Risk Manager shall respond in
writing to the employee within 15 working days.
10.4 The County and division safety policies will be readily accessible to employees in
either written or electronic format.
10.5 Employees determined by the County to be at risk shall be provided vaccinations
for Hepatitis "A " and Triple "T" (Typhoid, Tetanus & Diphtheria), including follow-
12
up visits deemed necessary by the health care professional to complete the
vaccinations.
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ARTICLE 11
UNION REPRESENTATION & ACCESS
11.1 The union will not be required to represent in a grievance any employee who is
not a member of the union.
11.2 For the purpose of representing employees in accordance with the provisions of
Article 24, "Grievance Procedure," the union may designate a maximum of 16
stewards. Each steward will represent employees only in his/her department or
group of departments, as follows:
Area Maximum # of Stewards
Parks, Recreation 2
Building & Grounds 1
Road & Bridge, Public Works, Engineering
Traffic Engineering, Vehicle Maintenance 4
Golf Course 1
Solid Waste/Refuse, Solid Waste Management,
Solid Waste Recycling 2
Sewage Treatment 2
Water Production 2 (one per plant)
Utility Operations 2
The union may designate one of the stewards to be the Chief Steward.
11.3 The business representative of the union shall notify the Human Resources
Director, in writing, of the name of the stewards and the areas they are
representing, at least three days before they assume duty. If no such notice has
been given, the County has no duty to recognize the stewards.
11.4 The union steward may represent the union or union members in matters
appropriate for grievance handling as set forth in this agreement. Stewards shall
not spend time on union business during working hours. Notwithstanding the
above, when appropriate and in order to facilitate the scheduling of meetings and
resolution of grievances, the County Administrator, in his sole discretion, or his
designee may grant time off with pay to a steward to attend grievance hearings
or meetings.
11.5 Officers or agents of Teamsters Local Union # 769, except County employees on
duty, shall be allowed reasonable access to work sites and locations of the
County with the advance approval of appropriate County officials, provided that
such access shall in no way interfere with the efficient operation of any
department or crew.
11.6 The union agrees that, during the term of this agreement, its non-employee
representatives and stewards shall deal only with the County Administrator, the
County Attorney, or the Human Resources Director, or their designees, in
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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.
15
ARTICLE 12
UNION DUES
12.1 Employees wishing to join the Union may join by clicking on the link below:
https://bit.ly/TLU769-IndianRiver
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ARTICLE 13
NO STRIKE - NO LOCKOUT
13.1 During the term of this agreement, neither the union nor its agents nor any
employee, for any reason, will authorize, institute, aid, condone, or engage in a
slowdown, work stoppage, strike, or any other interference with the work and
statutory functions or other obligations of the County. During the term of this
agreement neither the County nor its agents for any reason shall authorize,
institute, aid, or promote any lockout of employees covered by this agreement as
a result of a labor dispute with the union, unless there is a violation of the union's
no strike commitment.
13.2 The union agrees to notify all local officers and representatives of their obligation
and responsibility for maintaining compliance with this article, including their
responsibility to remain at work during any interruption which may be caused or
initiated by others, and to encourage employees violating Article 13 to return to
work.
13.3 The County may discharge or discipline any employee who violates Section 13.1
and any employee who fails to carry out his responsibilities under Section 13.1,
and the union will not resort to the grievance procedure on such employee's
behalf except to determine if the prohibited action did in fact occur.
13.4 Nothing contained herein shall preclude the County from obtaining judicial
restraint and damages in the event of a violation of this article.
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ARTICLE 14
NO CONCURRENT EMPLOYMENT
14.1 During working hours, the employee is to concern himself strictly with the
business of the County and the duties of his position. At no time during working
hours shall the employee perform any services or make or receive any telephone
calls on behalf of any other agencies or for any private business enterprise or
employment that are not a part of the employee's job responsibilities with the
County. Additionally, neither the County uniform nor County vehicles are to be
worn or used while performing any services or doing any private business that is
not a part of the employee's job responsibilities with the County.
14.2 Employees who have accepted outside employment are not eligible for paid sick
leave when the leave is used to work on the outside job. Fraudulent use of sick
or personal absences will be cause for disciplinary action.
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ARTICLE 15
ATTENDANCE AND PUNCTUALITY
15.1 It is the policy of the County to require employees to report for work punctually as
scheduled and to work all scheduled hours and any required overtime.
Excessive tardiness and excessive absences disrupt work flow and customer
service and will not be tolerated.
15.2 Unauthorized or excessive absences or tardiness will result in disciplinary action,
up to and including termination. The term "excessive" as used in this section
shall be defined as three (3) or more occurrences in a ninety (90) day period. If
the absence is pre-approved at least twenty-four hours in advance or if the
employee returns to work with a doctor's note, the absence will not be
considered an occurrence. Absences will be considered "unauthorized" if
sufficient sick leave is not available for the duration of the absence. For regular
part-time employees hired on or after 6/22/01, failure to report for a scheduled
shift shall not be construed as an authorized leave of absence under Article 28.6
unless approved in advance by their supervisor. Exceptions will be made for
absences that qualify for FMLA leave.
15.3 Employees should notify their supervisor as far in advance as possible whenever
they are unable to report for work, know they will be late, or must leave early.
Such notification should include a reason for the absence and an indication of
when the employee can be expected to report for work. If the supervisor is
unavailable, notification of absence shall be left on the division's designated
answering machine or with the division clerk.
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 fit to return to work.
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ARTICLE 16
HOURS OF WORK
16.1 The work week shall consist of a consecutive seven day period. The work day
shall consist of a twenty-four hour period beginning at 12:00 midnight. Regularly
scheduled working hours and days off of employees covered by this agreement
shall not be indiscriminately changed by the County. Changes shall be made by
reason of operational necessity and/or efficiency. Such changes require at least
five working days notice to the affected employees except in the case of valid
public necessity, such as equipment failure, unanticipated employee absences,
and the like. Employees' regular work schedules shall contain at least 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. Seniority will
be used as a selection factor when filling vacant shifts within the same
classification provided the employee is qualified to perform the work of the vacant
shift.
16.2 Lunch of thirty (30) minutes and breaks of fifteen (15) minutes shall be scheduled
by the department head/designee unless circumstances prohibit such break or
lunch. Whenever consistent with the efficient operation such lunch period shall
be approximately at the mid-point of the employees' work day. Whenever
consistent with efficient operation breaks may be scheduled by the department
head/designee within the approximate mid-point of both the first and last half of
the employees' work day; however, nothing herein should be construed as
preventing the County from providing staggered lunch and break times.
16.3 Part-time golf course employees shall receive a lunch of twenty (20) minutes at
or near the mid-point of their assigned shift.
16.4 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
Clubhouse unit-#418-236, is difficult because of the irregular flow of golfers on a
daily basis. It is agreed that employees' working hours may be changed daily to
respond to the above, in accordance with the following procedure:
A. All employees who are scheduled to work on a given day will report for
work at the appropriate time, whether or not they feel there may be work
to perform, unless an employee has contacted the supervisor before the
shift starts and received authorization not to work that day.
B. Employees who do report will be guaranteed work for half their scheduled
hours that day (maybe performing duties other than normal). The
selection of employees to leave work will be determined as follows:
1. Ask for volunteers
2. Selection from part time employees on a seniority basis first, then
3. Select from remaining employees on a seniority basis
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16.5 Employees covered by this Agreement who work (actual work, not leave) sixteen
(16) or more hours in any twenty-four (24) hour period will be required to take a
minimum of eight (8) hours rest immediately before returning to work provided,
however, this rest period shall not apply if the employee is notified of the
opportunity to volunteer for the shift 24 hours or more before the beginning of the
volunteered shift. Unless approved by management, employees will not be
permitted to volunteer for overtime if they are unable to work all or part of their
next scheduled shift due to the rest period described herein. Should the eight (8)
hour rest period overlap any part of the employee's next regularly scheduled
shift, the employee will be paid straight time for the number of hours which
overlap, provided that the employee reports to work or is granted approved leave
the remainder of the shift. The rest period shall count as hours worked for
purposes of overtime. This provision may be suspended in declared
emergencies.
16.6 The parties may enter into a Memorandum of Understanding modifying this
Article.
16.7 It is agreed by the parties that Water and Wastewater Operators shall be allowed
to bid on their scheduled shift and plant location(s). The bids shall be made
available for operators to review 45 days in advance and the bidding shall take
place in December of each year. The bids shall take effect on the first full pay
period in January. All bids shall be selected upon seniority within their respective
division.
16.8 When an employee reports to an assigned work location and is temporarily re-
assigned to another location necessitating travel between locations, the County
will provide transportation to the work location. If County transportation is not
available, the employee may use a personal vehicle and will be compensated at
the County's reimbursement rate. An employee may choose to drive their own
personal vehicle in lieu of the County vehicle, as a matter of personal
convenience. In this instance, the employee will not be provided with mileage
reimbursement if a County vehicle was available. Home to work travel is not
compensable.
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ARTICLE 17
OVERTIME
17.1 It is the policy of the County not to work beyond the regularly scheduled work
week unless conditions warrant.
17.2 Management may schedule overtime beyond the standard hours when it is in the
best interest of the County and is the most practical and economical way of
meeting workloads or deadlines.
17.3 Employees will be required to work overtime when requested by management
unless excused by management. Employees may volunteer to work overtime
and should communicate that interest to their supervisors. Employees who have
volunteered shall be selected to perform overtime work before non-volunteers,
unless management determines that work-related reasons exist for selecting
non-volunteers. Overtime will only be scheduled for those employees fully
qualified to perform the work required. In all work units, overtime will be
equalized among employees who are similarly classified, except as addressed in
Section 17.4 and 17.5 below. All other factors being the same, seniority may be
used as a selection factor if employees are equal on the list. The County agrees
to maintain an overtime distribution list in each work unit by classification and
agrees to use such list in the distribution of overtime assignments. Employees
will be charged for all overtime hours worked or refused. If overtime is offered
and no one accepts the overtime, the employee that has actually worked the
least amount of overtime on the list shall be required to work the overtime
assignment. Employees will be charged for overtime if they cannot be contacted
at their designated phone numbers. The equal distribution of overtime does not
prevent the County from requiring employees that are already engaged in an
unexpected overtime work assignment to continue to work.
17.4 For overtime computation, vacation leave, holidays, funeral leave, jury duty, and
military leave shall be considered as time worked. Absences from work while on
sick leave will not be counted as time worked for overtime computation except
that sick time requested in advance of the work day in which an employee is held
over beyond their regular shift, shall be counted as time worked. Compensatory
time shall not be used as compensation for overtime. Bargaining unit employees
who have used sick leave will be called in for mandatory overtime during the
workweek in which they used sick leave only after bargaining unit employees
who have not used sick leave during that workweek have been called in.
17.5 If the agreed upon overtime distribution procedures outlined above do not meet
the operational needs of a work unit, the parties agree that the overtime
distribution procedures may be modified with mutual written agreement by the
parties.
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ARTICLE 18
ON-CALL/STANDBY
18.1 On-call duty assignments must be authorized by the department or division head.
This assignment is made when it is necessary that an employee be available for
work due to an urgent situation during off-duty time. Such assignment will be
given to the employees who normally perform the work during normal hours of
work. For employees on a standby status one hour of pay at time and one-half
will be paid for each regular work day and two and one-half hours of pay at time
and one-half on each non-work day and holidays. On-call hours shall be in
addition to time worked.
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ARTICLE 19
CALL BACK
19.1 Call back is work due to an emergency or other urgent situations during off-duty
hours. This call-back pay shall be paid to employees either called during off duty
hours or called back to a work site during off duty hours. This pay shall be as
follows: one hour paid for employees called during off duty hours and two hours
of pay or the actual time worked, whichever is greater, for an employee called
back to a work site during off duty hours. This time shall be considered as time
worked for computing overtime. The call or call back of any employee requires
the prior approval of the department head or designee.
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ARTICLE 20
TEMPORARY ASSIGNMENTS
20.1 The County shall not be prevented from temporarily assigning or appointing any
employee to perform work which would normally be done by an employee in
another classification, when at the discretion of the County such an assignment
or appointment is necessary.
20.2 An employee temporarily assigned and/or transferred, at the department's
discretion to perform work outside his normal classification shall suffer no loss of
pay should said temporary assignment be to a lower classification. An employee
who is transferred temporarily to a classification which is not in the bargaining
unit shall be subject to check off deduction during the term of the temporary
transfer.
20.3 An employee who is temporarily assigned by management to work in a higher
classification, work as a crew leader, or work as a lead employee shall receive
12.5% temporary assignment pay for each hour of the assignment. Generally,
the qualified, most senior employee will be assigned unless such assignment will
result in a disruption to operational efficiency or a reallocation of staffing
resources. Employees assigned in this capacity must demonstrate the ability to
organize work, oversee assignments, work safely, and complete job tasks
efficiently.
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ARTICLE 21
PROBATIONARY PERIOD
21.1 The probationary or "working test" period is an integral part of the hiring and
promotion process. It is utilized to closely observe the new employee's work, to
secure the most effective adjustment of a new employee to the position, and to
reject any employee whose performance does not meet the required work
standards. Probationary employees are generally ineligible for employee
requested transfers or promotions. Probationary employees who are permitted
to transfer or promote shall have their new probationary period run concurrent
with their existing probationary period.
21.2 The probationary period shall be six months from the employee's first day of work
with the County or in the position to which the employee has been promoted. If
the employee has completed the probationary period, the employee shall be
placed on regular status. Absent objection by the Union, the County may extend
the probationary period for up to three months. Such a decision shall be made at
least two weeks before the end of the initial probationary period, and notice shall
be provided to both the employee and the union representative. This extension
will not affect the employee's eligiblity to use accrued vacation leave.
21.3 New hires who are selected to fill the position of Utilities Service Worker, Water
Plant Operator Trainee, or Wastewater Plant Operator, but who do not possess
the required state license/certification, must obtain the required
license/certification within the time frame specified by the County at the time of
hire. A new hire's failure to obtain the license/certification within the specified
time frame shall be just cause for the employee's discharge.
21.4 Employees who are hired/promoted to the position of Utilities Service Worker,
Water Plant Operator Trainee, or Wastewater Plant Operator, but who do not
possess the required state license/certification, must obtain the required
license/certification within the time frame specified by the County at the time of
hire/promotion. Absent objection by the Union, the County may extend the time
to obtain the license/certification. If an employee fails to obtain the
license/certification within the specified time frame, a good faith effort will be
made to return the employee to the position and status held immediately prior to
the promotion. If the employee's former position is filled, the employee may be
transferred to a vacant position for which the employee qualifies. If no vacancy
exists for which the employee is qualified, the employee will be placed in a lay-off
status with recall rights.
21.5 Regular status denotes final appointment in a specific County position and
classification following successful completion of the probationary period.
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21.6 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.
21.7 If an employee who is serving a probationary period incurred as a result of a
promotion is found to be unqualified to perform the duties of the higher position, a
good faith effort will be made to return the employee to the position and status
held immediately prior to the promotion. If the employee's former position is
filled, the employee may be transferred to a vacant position for which the
employee qualifies. If no vacancy exists for which the employee is qualified, the
employee will be placed in a lay-off status with recall rights.
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ARTICLE 22
PROMOTIONS/TRANSFERS
22.1 In filling all vacancies in the bargaining unit, employees shall meet the
qualification standards of education, training, certifications, experience, and other
requirements for the position to which the promotion and/or voluntary transfer is
being sought. Standards and qualifications will be established to meet the basic
requirements of the position.
22.2 Job openings will be announced on the County's website. Promotional job
opportunities (within the bargaining unit) will be announced a minimum of five
working days internally prior to being announced to the outside. Job opportunities
will also be posted on employee bulletin boards a minimum of five working days.
Employees, excluding temporary employees, may submit an application for
transfer/promotion consideration using the County's electronic application
system.
22.3 An employee's eligibility for promotion and/or voluntary transfer will be
determined by the requirements of the new job. In addition, the employee must
have both a satisfactory performance record and no disciplinary actions (formal
warning or greater) during the preceding twelve-month period. Employees along
with external applicants will be considered. All current employees who have
applied for the vacant position and who meet the minimum requirements for the
position will be extended an interview. Selection will be made on the basis of
qualifications and related work experience. Skills tests may be utilized to assist
in determining qualifications and experience. Veteran's preference will be
followed. All things being equal, current employees shall have preference.
Seniority will be considered the deciding factor 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. Employees who voluntarily demote shall receive a 10%
reduction in their hourly rate of pay or be placed in the maximum of the pay
grade the employee is demoted into, whichever is a greater reduction. In no
case, will the employee's demoted pay rate exceed the maximum of the pay
grade.
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. Certified Water or Wastewater Operators
who receive a pay increase for attainment of a higher level certification will not be
placed on a promotion probation and will not be eligible for a promotion
probationary pay increase. They will retain their anniversary date and remain
eligible for anniversary pay increases or lump sum payments provided under this
Agreement.
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22.6 The County agrees to post management vacancies and will give bargaining unit
employees consideration in filling those vacancies.
22.7 Nothing herein shall prohibit the County from transferring employees into vacant
positions without complying with the foregoing provisions in the case of medical
accommodations, disciplinary reasons, and voluntary demotions.
22.8 Water or Wastewater Operator Trainees who attain a C license will advance to
the corresponding pay grade for a C operator position and receive a 5% increase
or the minimum of the grade, whichever is greater effective with the first full pay
period following attainment of the license. This will be considered a promotion
and the employee will be placed on "promotion probation" status for a period of
six months and have an adjusted anniversary date. Certified Water or
Wastewater C Operators who attain a B license will advance to the
corresponding pay grade for a B Operator position and receive a 5% pay
increase or the minimum of the pay grade, whichever is greater effective with the
first full pay period following attainment of the license (not to exceed the
maximum of the pay grade). This advancement will not result in an adjusted
probationary period or anniversary date. Certified Water or Wastewater B
Operators who attain an A license will advance to the corresponding pay grade
for a A Operator position and receive a 5% pay increase or the minimum of the
pay grade, whichever is greater effective with the first full pay period following
attainment of the license (not to exceed the maximum of the pay grade). This
pay increase will not result an adjusted probationary period or anniversary date.
22.9 Progression from a Utility Service Worker I to a Utility Service Worker II will be
effective with the first full pay period following meeting the eligibility requirements.
The employee will receive 5% promotion increase and be eligible to receive a 5%
promotion probation increase upon successful completion of promotion
probation.
To be eligible for the Utility Service Worker II progression, the Utility
Service Worker I must have successfully completed their initial six (6)
month probationary period and attained the following within 18 months of
hire/internal promotion date:
• Class A CDL with the following restrictions:
1) No airbrake
2) No tractor trailer
3) Automatic
• Water Distribution System Operator Class 3 license for Water
Distribution or Class C Wastewater Collection certificate for
Wastewater Collections
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Utility Service Worker Ill
Progression from a Utility Service Worker II to Utility Service Worker Ill will
be effective with the first full pay period following meeting the eligibility
requirements. The eligible employee will receive a 5% pay increase or the
minimum off the pay grade whichever is greater not to exceed the
maximum of the pay grade. There is no probationary period or
probationary increase associated with movement to Utility Service Worker
III. To be eligible, the employee must be a Utility Service Worker II and
have attained the following:
• Class A CDL with air brakes and tanker endorsement
• Water Distribution System Operator Class 2 license for Water
Distribution or Class B Wastewater Collection certificate for
Wastewater Collections
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ARTICLE 23
DISCIPLINE
23.1 No employee covered by this agreement shall be disciplined or discharged
without just cause. All discipline or discharge notices shall be in writing with a
copy provided to the employee. Such notices shall contain as complete and
precise an explanation as possible for the action being taken.
23.2 The County agrees with the tenets of progressive and corrective discipline;
however, the County has the right to review the employee's work history and
prior record of disciplinary action when determining the appropriate action to be
taken. The County may provide employees with notice of deficiencies and an
opportunity to improve.
23.3 Disciplinary actions or measures may include, subject to the rules of the Board of
County Commissioners, any of the following:
A. Written Reprimand
B. Formal Warning or 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 shall not be
considered for purposes of progressive discipline, as follows:
Class 1 offenses after one year.
Class 2 offenses after two years.
Class 3 offenses after four years, with the exception of last chance agreements
for violations of the drug-free workplace policies, which may be considered in
progressive discipline for second violations during the entire employment period.
23.6 To be considered valid, all discipline and discharge notices shall be administered
within ten (10) business days of the County's discovery of the event giving rise to
the disciplinary action; or within ten (10) business days of the County's discovery
of the disciplinary event, the County notifies the Union of its intent to investigate
the event giving rise to the discipline. If disciplinary action has not been taken
within thirty (30) calendar days of the County's notification to the Union the
employee or the Union may request from management if the matter is still under
investigation or has been closed and management will respond in writing within 5
working days if the investigation is ongoing or is closed.
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ARTICLE 24
GRIEVANCE AND ARBITRATION
GRIEVANCE PROCEDURE
24.1 Except when doing so would present an unreasonable risk to the employees'
safety, bargaining unit employees will follow all lawful written and verbal orders
given by superiors even if such orders are alleged to be in conflict with the
agreement. Compliance with such orders will not prejudice the right to file a
grievance within the time limits contained herein, nor shall compliance affect the
ultimate resolution of the grievance.
24.2 A "grievance" is a claimed violation of this agreement, including but not limited to
the claim that a discharge or other disciplinary action violated a specific provision
of this agreement. No grievance will or need be entertained or processed unless
presented in the manner described herein, and unless filed in a manner provided
herein within the time limit prescribed herein. A grievance may be filed by a
bargaining unit employee or by the union (hereinafter the "grievant") on the
union's grievance form. In either case, the procedure to be followed will be the
same. The grievant and management may mutually agree to waive any step.
Any employee covered by this agreement must use this grievance process and
has no right to any other grievance process (i.e., administrative policy, etc.).
24.3 Any grievance, defined as a claim reasonably and suitably founded on a violation
of the terms and conditions of this agreement, shall systematically follow the
grievance procedure as outlined herein. Any grievance filed shall refer to the
provision or provisions of the agreement alleged to have been violated, and shall
adequately set forth the facts pertaining to the alleged violation.
24.4 Rules of Grievance Processing - It is agreed that:
(A) The time limit at any stage of the grievance procedure may be extended
by written mutual agreement of the parties involved in that step.
(B) A grievance presented at Step 2 and above shall be dated and signed by
the aggrieved employee presenting it. A 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
reflect the date received by the County's representative and provide a
copy of it to Human Resources at that particular step. Human Resources
will assign a grievance number.
(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
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the basis of the decision most recently given. Failure on the part of the
County's representative to answer within the time limit set forth in any step
will entitle the employee to proceed to the next step.
(E) When a grievance is reduced to writing there shall be set forth:
1. A complete statement of the grievance and the facts upon which it
is based;
2. The section or sections of this agreement claimed to have been
violated; and
3. The remedy or correction requested.
(F) In the settlement of any grievance resulting in retroactive adjustment, such
adjustment shall be limited to ten calendar days prior to the date of the
filing of the grievance.
STEPS FOR GRIEVANCE PROCESSING
In the event a grievance arises, the employee must discuss the grievance with his
immediate supervisor within ten (10) business days after he had knowledge of his
grievance. At the time of submitting the grievance, and to ensure that grievances are
settled at the first opportunity, the aggrieved employee should request an informal
meeting with his supervisor prior to a Step 1 hearing to discuss the circumstances
giving rise to the grievance. In the event the issue in dispute cannot be resolved
between the supervisor and the grievant, the grievance may be presented by the
grievant at Step 1 of the grievance procedure within ten (10) working days from the date
of the supervisory meeting. Such written grievance must indicate that the matter had
been reviewed with the immediate supervisor. Any grievance filed over being
discharged shall be directly submitted to Step 3.
Step 1: The aggrieved employee shall present his grievance to his division head. The
aggrieved employee may request a representative of the union to be present. The
division head will meet with the aggrieved employee and his representative within ten
(10) business days after submission of the written grievance, unless mutually agreed
otherwise. Discussions will be informal for the purpose of settling differences in the
simplest and most direct manner. The division head shall reach a decision and
communicate it in writing to the aggrieved employee with a copy to the union within ten
(10) business days from the date the grievance was presented to him. If the Division
Head fails to issue a timely response, then the grievance may be filed to Step 2.
Step 2: If the grievance is not settled in the first step, the aggrieved employee, within ten
(10) business days of the time that the Step 1 decision was rendered, shall forward the
written grievance to the department head. The department head shall meet within ten
(10) working days, unless mutually agreed otherwise 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 grievant and the Union. The department
head shall reach a decision and communicate it in writing to the aggrieved employee
with a copy to the Union within ten (10) business days of the Step 2 meeting, unless
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such time is mutually extended in writing. If the grievance is regarding discipline that
was administered following a pre-determination hearing held by the department head,
the parties agree the Step 2 hearing shall be held by the Assistant County Administrator
or Deputy County Administrator. If the department head, Assistant County
Administrator or Deputy County Administrator fails to issue a timely response, then the
grievance may be filed to Step 3.
Step 3: If the grievance is not settled in Step 2 , the aggrieved employee, within ten
(10) business days of the time that the Step 2 decision was rendered, shall forward the
written grievance to the County Administrator or his designee. The County
Administrator or his designee shall meet with the aggrieved employee, within ten (10)
working days, unless mutually agreed otherwise, who may be accompanied by the
union steward, the chief steward, and business representative to obtain the facts in the
case. The County will attempt to coordinate the meeting with both the grievant and the
Union. The County Administrator or his designee shall forward his decision to grievant
with a copy to the union within ten (10) business days of the Step 3 meeting, unless this
period of time is extended by mutual agreement of both parties.
Step 4: In the event that the grievance is not settled at Step 3 within the time allowed, it
may then be submitted to arbitration. Nothing herein will prevent the parties from
mutually agreeing to seek resolution through mediation. The Union and only the Union
shall have the exclusive right to proceed to arbitration on behalf of all the bargaining unit
members. Submission to arbitration must be made within ten (10) 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. In addition, a request for
arbitration must be sent to the Federal Mediation and Conciliation Service (FMCS) no
later than fifteen (15) days following the request to arbitrate. Upon the County's request
to strike the panel to select an arbitrator, the Union shall have thirty (30) days to do so
or such grievance shall not be subject to arbitration. If the parties fail to agree in the
first instance of an appointment, the Federal Mediation and Conciliation Service shall be
requested to provide a panel of arbitrators from which a selection shall be made.
Hearings before the arbitrator shall be conducted in accordance with the rules of the
Federal Mediation and Conciliation Service. The arbitrator's decision shall be final and
binding on the parties, but no arbitrator shall have the power to alter, modify, amend,
add to, or detract from the terms and conditions of the agreement.
24.5 As promptly as possible after the arbitrator has been selected, the arbitrator shall
conduct a hearing between the parties and consider the grievance. The decision
of the arbitrator will be served upon the union and the County in writing. It shall
be the obligation of the arbitrator to make a best effort to rule within 30 calendar
days after the hearing and receipt of post-hearing briefs. The expenses of the
arbitration, including the fee and expense of the arbitrator, shall be equally
divided between the parties. Any party desiring a transcript of the hearing shall
bear the cost of such transcript unless the parties mutually agree to share the
cost. Each party shall bear the expense of its own witnesses and of its own
representatives for purposes of the arbitration hearing.
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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.
24.7 The arbitrator may not issue declaratory opinions and shall be confined
exclusively to the question which is presented, which question must be actual
and existing. The arbitrator's decision shall be final and binding; provided,
however, that either party shall be entitled to seek review of the arbitrator's
decision as provided by law.
24.8 Nothing in this agreement shall prohibit the presence of a Union representative at
any steps of the grievance procedure.
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ARTICLE 25
SEPARATIONS
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 providing proper notice and being
excused (unless the employee is physically unable to provide notice) will be
considered as having "abandoned their position" and thereby voluntarily quit.
Requests for vacation leave shall not be unreasonably denied in accordance with
Article 31.6. At that time, the County will formally note the termination and advise
the employee and the Union of the action by first class U.S. mail to the
employee's address on record in the Human Resources Department.
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 the County will determine which classifications within the
affected division will be eliminated. For purposes of this section, "classification"
shall be defined as the established positions in the bargaining unit's pay plan.
Additionally, full-time and part-time positions shall be considered separate
classifications. For purposes of this section, "division" shall be defined as
follows: Aquatic Centers, Customer Service, Engineering, Facilities
Management, Fire Rescue, Golf Course, Ocean Rescue, Parks, Road and
Bridge, Sanitary Landfill, Traffic Engineering, Vehicle Maintenance, Wastewater
Collection, Wastewater Treatment, Water Distribution, Water Production. The
employees in the affected classification within the affected division shall be laid
off based on the inverse order of their county-wide seniority (most recent hire
date). In lieu of layoff, an affected employee may displace any less senior
employee in the bargaining unit in any lower classification providing he/she
previously held the position and remains qualified. Employees accepting
positions in a lower classification will receive a 5% reduction per pay grade;
however, the newly established pay shall not exceed the maximum of the new
pay grade. Nothing herein shall limit the County's ability to use contracted
36
temporary workers. All temporary employees within affected divisions will be
terminated first. Employees in a recall status may apply for open positions for
which they are qualified pursuant to Article 22.
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 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. The County's duty to notify a laid off employee for recall shall be
limited to the position from which the employee was laid off. The employee shall
be deemed notified under this Article by placement of written notification by first
class U.S. Mail to the employee's last known address. The employee shall have
ten (10) calendar days from the postmark date to notify the Human Resources
Department of their intention to return to work. Additionally, the employee shall
have fourteen (14) calendar days from the date of acceptance to report for duty.
If the employee fails to notify the County of their intention or fails to report for
duty in the allotted timeframe, the employee will forfeit their recall right and will be
terminated. 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
County unless his presence creates an unsafe situation. The County will notify
the union steward upon the discharge of an employee in the bargaining unit but
failure to give such notice shall not affect the validity of the discharge. Discipline
or discharge of newly hired probationary employees shall not be subject to the
grievance or arbitration procedures.
25.8 The final pay for terminated employees will be prepared for distribution on the
next normally scheduled pay date following the termination date. It can be
mailed if the employee requests so in writing. Otherwise, final pay should be
picked up in the Human Resources office by the employee or someone who has
written authorization to do so. Final pay will be ready on the next normally
scheduled pay date following the retirement date for those retiring employees
who are vested in the retirement plan.
25.9 At the time of separation and prior to receiving final monies due, all records,
books, assets, uniforms, keys, tools, and other items of County property in the
employee's custody shall be returned to the department.
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25.10 Any outstanding debts incurred by an employee which are due the County shall
be deducted from the employee's final paycheck and/or termination leave pay.
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ARTICLE 26
INSURANCE
26.1 The County shall provide health insurance for all bargaining unit employees and
their dependents in the same manner as the County's general non-bargaining
unit employees, including the retiree health insurance subsidy, hospitalization,
and medical insurance.
26.2 Regular full-time bargaining unit employees will continue to be eligible to
participate in the County's life insurance program and may enroll in the optional
long-term disability, optional employee and family life insurance, and the optional
deferred compensation plan with additional providers.
26.3 Any claim settlement between the employee and the insurance carrier shall not
be subject to the grievance procedures.
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ARTICLE 27
DRUG TESTING
27.1 Teamsters Local Union No. 769 and Indian River County agree to the following
for employees who are in the labor and trades bargaining unit:
The parties understand that illegal drug use and/or misuse of alcohol and/or
controlled substances adversely affects employees' job performance and
jeopardizes their safety, the safety of other employees and the public, and the
reliability of the County's operations. Therefore, the County and the Union agree
to implement the Drug-Free Workplace Program Policy adopted by the County
with the following exceptions. These exceptions will supersede the language in
the County's policy:
27.2 Reasonable Suspicion Drug Testing
Employees shall notify their supervisors when under medically prescribed
treatment with a controlled substance if they know or have reason to believe the
controlled substance may limit their ability to perform their jobs.
Any employee may be required by the County to submit to a blood, urinalysis,
and/or intoxilyzer test when there exists a reasonable suspicion that the
employee is under the influence of alcohol or non-prescribed controlled
substances on the job. If such reason is based upon the observation of
supervisors or managerial employees, then, where job conditions permit, two
supervisors or managers should observe the employee. An employee will not be
required to take any test unless a member of management approves testing.
When an employee is to be tested under this reasonable suspicion provision, he
may request the presence of his Union steward. If the steward has been
requested, and is on duty, he will be permitted to consult with the employee who
is to be tested prior to the time he goes to the specimen collection facility.
At management's discretion, the employee may be temporarily reassigned to a
non-safety sensitive position, if available, or be removed from duty while awaiting
the reasonable suspicion drug tests results. Employees may elect to use
accrued sick or vacation leave while awaiting the reasonable suspicion drug test
results or be in a no pay status if no paid leave is available. In the event of a
negative test result, the employee's accrued leave used while awaiting the
results, will be restored.
27.3 Follow-up and Random Testing
Follow-up and random testing for employees in non-safety-sensitive positions
shall be permitted during the first twenty-four (24) months following an
employee's release after successfully completing a rehabilitation program, and
the frequency of such testing shall be determined by the County. Follow-up and
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random testing for employees in safety-sensitive positions shall be in accordance
with 49 CFR Part 382.
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ARTICLE 28
LEAVES OF ABSENCE
28.1 Jury Duty
Employees subpoenaed for jury duty shall receive regular pay for the hours
missed from work. Such time shall be 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 payroll records. Employees are
expected to stay in touch with their supervisors relative to their court duty and
County work schedules to minimize interference with their jobs. Employees who
work shift work shall be excused from work and receive jury duty pay for the
hours missed on any day reporting for jury duty if they were not provided a 10
hour rest period prior to the start of jury duty, or provided a 10 hour rest period
between being released from jury duty and the start of the shift provided the
employee submits documentation reflecting the jury time.
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.
28.4 Family Medical Leave Act
The FMLA establishes the rights of eligible employees to a leave of absence for
up to 12 weeks. Eligibility for FMLA leave shall be determined on a rolling twelve
(12) month period commencing from the first day FMLA was used for birth,
adoption, the care of a family member's 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 regular employees.
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B. Three working days shall be given off with pay upon the death of a
member of the immediate family (defined for this benefit as parents and
step-parents, spouse, children and step-children, grandmother,
grandfather, grandchild, brother, sister, mother-in-law, father-in-law, son-
in-law, daughter-in-law, sister-in-law, brother-in-law, or legal guardian of
the employee).
C. Bereavement Leave will be authorized in minimum one-half day
increments and will be paid at the employee's current pay rate.
D. If additional time off work is needed, or time off is needed for an individual
not covered by Article 28.5(B), vacation or sick leave may be utilized, or
time off without pay can be arranged if justified. Sick leave used under
this provision shall not be counted as an occurrence of sick.
28.6 Other Leaves of Absence
Employees are eligible for leave of absence for causes generally beyond the
control of the employee. The duration of 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 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 Leave Without Pay for Part-time Employees
At the discretion of the department director or his designee, unpaid leave may be
authorized for part-time employees who do not accrue sick and vacation leave
(hired on or after 06/22/01), up to a maximum of 60 hours per calendar year.
28.8 Arrests and Incarceration
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A. Employees who are unable to report for work because of arrest and incarceration
may be placed on a special personal leave of absence without pay provided that
it is requested during the first three working days of the incarceration. If the
employee is unable to secure bail, the leave of absence will continue until final
disposition of the charges depending upon the County's operational needs. If the
employee is freed on bail, a decision will be made by the employee's department
head and the Human Resources 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. Once an employee 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.
B. Employees shall immediately notify the department within 3 days of contact when
information has been filed by a prosecuting official against him/her, when indicted
by a Grand Jury, or when arrested, for any offense or violation of law. The
department director shall determine if it is in the best interests of the County to:
1) Retain the employee in his/her regular position; and/or
2) Assign the employee to other duties or another position until such time as
any charges are disposed of by trial, acquittal, dismissal, conviction, or
other judicial action; and/or
3) Place the employee on leave without pay until such time as any charges
are disposed of by trial, acquittal, dismissal, conviction, or other judicial
action; and/or
4) Initiate disciplinary action up to and including termination.
C. In the event that the employee is retained pending the resolution of the charges,
and pleads nolo contendere or guilty, or is found guilty of any job related offense
or any offense that would adversely impact the County or the employment status
of the employee, or which would cause the County to be held in disrepute, the
employee may be terminated from employment.
D. In the event that the employee is retained pending the resolution of the charges
and is acquitted of all charges, or the indictment is dismissed, the Division
Director shall retain the option to initiate or continue an investigation of possible
administrative violations in accordance with established policy or practice.
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Notwithstanding anything to the contrary in this section, no employee shall be
disciplined or discharged without just cause.
28.9 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 without pay if the employee is absent for more than one-half of his
normally scheduled work hours during the month.
E. An effort will be made to return the 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 head and the County
Administrator. If no vacancy exists for which the employee qualifies, he
will be placed in a layoff status with recall rights pursuant to Article 25,
Separations.
F. Time spent on leave of absence shall not constitute a break in service.
However, the time shall not be credited toward retirement, vacation, sick
leave, or toward satisfying the probationary period.
28.10 Employees who are on worker's compensation leave may supplement their
worker's compensation payments with any accrued sick or vacation leave, up to
100% of their regular take-home pay.
28.11 No sick leave or vacation shall be accrued by an employee while he is on
workers' compensation leave if the employee is absent for more than one-half of
his normally scheduled work hours during the month.
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ARTICLE 29
PAID SICK LEAVE
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 regular full-time and regular part-time employees
(hired before 6/22/01) 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 (M.D.
or D.O.). Failure to present such certification may prevent the employee from
being allowed to return to work or may result in progressive disciplinary action.
Employees who are absent without available accrued sick leave may be subject
to disciplinary action in accordance with Article 15 — Attendance and Punctuality
"unauthorized" absences. Exceptions will be made for absences that qualify for
FMLA leave.
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 work connected
absence see Article 28.
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. Employees may not use more
than five days of sick leave in a calendar year for the illness of a family
member, unless the illness qualifies for FMLA leave.
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29.6 Maximum Accruals:
A. For regular full-time employees hired on or after October 1 , 2011, sick leave
may carry over year to year, not to exceed a maximum of thirty (30) days. At
the end of December of each year, any sick leave hours over the thirty (30)
day maximum will be converted to vacation hours using the following formula:
.50 x hours over max = Number of hours to be converted to vacation hours
The converted hours will be added to the vacation accrual bank after the
annual vacation reduction in Article 31.5.
B. Regular full-time employees hired prior to October 1 , 2011 whose accrual
banks are in excess of thirty days will remain eligible for a sick leave incentive
as follows:
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), regular
full-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.
29.7 Regular full-time employees hired on or after October 1, 2011 with ten or more
years service with the County shall be paid one-half of all unused sick leave, to a
maximum of one hundred and twenty hours, upon retirement or death. Regular
full-time employees hired prior to October 1, 2011 with ten or more years service
with the County shall be paid one-half of all unused sick leave, to a maximum of
two hundred forty hours, upon retirement, termination of employment for other
than involuntary separation, or death. Employees leaving County employment
having less than ten years service shall not be paid for unused sick leave.
29.8 Bargaining unit employees may participate in the County's sick leave donation
policy under the established terms and conditions of the sick leave donation
policy.
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ARTICLE 30
HOLIDAYS
30.1 It is the policy of the County to observe holidays each year on a schedule
determined by the Board of County Commissioners.
The holidays which shall be observed under this policy are:
A. New Year's Day
B. Martin Luther King Day
C. Good Friday
D. Memorial Day
E. Independence Day
F. Labor Day
G. Veteran's Day
H. Thanksgiving Day
I. Day after Thanksgiving
J. Day before Christmas
K. Christmas Day
L. (2) Personal Days (to be scheduled and approved in accordance with
department's vacation policy)
M. Any other holidays authorized by the Board of County Commissioners
30.2 Regular employees will receive holiday pay whether or not they are scheduled to
work on the holiday. Regular 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. For timekeeping purposes, the holiday pay will
be reflected on the day of the observed holiday.
30.3 Temporary employees, part-time employees hired on or after 6/22/01, employees
on unpaid leave of absence, and employees on layoff are not eligible for holiday
pay.
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 For pay purposes, holidays will be the County recognized day of the holiday.
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.
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30.7 The County reserves the right to schedule work on an observed or an actual
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 or actual 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. If an employee is
scheduled to work both the observed holiday and the actual holiday, the
employee will only receive holiday overtime for the observed holiday. In no case,
will the employee be paid holiday overtime for hours worked on both the
observed and actual holiday.
30.9 Holiday pay will be counted as time worked for overtime calculations.
30.10 The Personal Day holiday hours will be based on the average day which is the
employee's regular biweekly scheduled work hours divided by 10. The Personal
Day may be used on an hour for hour basis. Personal Day holiday hours will be
credited in October of each fiscal year and unused hours will not carryover at the
end of the fiscal year.
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ARTICLE 31
VACATION LEAVE
31.1 It is the policy of the County to grant annual vacations with pay to regular full-time
and regular part-time employees in accordance with the guidelines established
below.
Full-time employees will accrue paid vacation leave based on the number of hours in
their work week according to the following schedule:
ACCRUAL RATES
37.5 40.0
Service Days Per Yr. Hr/Week Hr/Week
Hrs/Yr Hrs/Mo Hrs/Yr Hrs/Mo
1 yr to 4 yrs. 12 mos. 10 75.0 6.25 80.0 6.67
5 yrs to 5 yrs. 12 mos. 11 82.5 6.88 88.0 7.34
6 yrs to 6 yrs. 12 mos. 12 90.5 7.50 96.0 8.00
7 yrs to 7 yrs. 12 mos. 13 97.5 8.13 104.0 8.67
8 yrs to 8 yrs. 12 mos. 14 105.0 8.75 112.0 9.34
9 yrs to 9 yrs. 12 mos. 15 112.5 9.38 120.0 10.00
10 yrs to 10 yrs. 12 mos. 16 120.0 10.00 128.0 10.67
11 yrs to 11 yrs. 12 mos. 17 127.5 10.63 136.0 11.34
12 yrs to 12 yrs. 12 mos. 18 135.0 11.25 144.0 12.00
13 yrs to 13 yrs. 12 mos. 19 142.5 11.88 152.0 12.67
14 yrs to 19 yrs 12 mos. 20 150.0 12.50 160.0 13.34
20 yrs (max accrual rate) 22 165.0 13.75 176.0 14.67
31.2 Part-time employees hired before 6/22/01 are entitled to vacation accrual on a
pro-rata basis. Temporary employees shall accrue no vacation leave.
31.3 New employees may request to use accrued vacation by submitting a vacation
leave request in advance. No employee may use vacation leave in advance of it
being accrued. Accrued vacation is credited at the beginning of each month for
the prior month, and is reflected in the timekeeping system.
31.4 Authorized vacation hours shall be counted as time worked for the purpose of
computing overtime pay eligibility.
31.5 Employees hired prior to October 1, 2011 will earn vacation monthly, in hourly
increments, and may carry over unused vacation from year to year up to a
maximum of 65 days. Employee vacation accrual banks will be reduced back to
the 65 day maximum the first full pay period after December 31st. Employees
hired on or after October 1, 2011 will earn vacation monthly, in hourly
increments, and may carry over unused vacation from year to year up to a
maximum of 30 days. Employee vacation accrual banks will be reduced back to
the 30 day maximum the first full pay period after December 31 st
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31.6 Vacation leave may be taken after approval by the division head or designee. It
may be charged in increments as small as thirty minutes. All vacations shall be
approved or denied within a reasonable period of time. No vacation shall be
unreasonably denied.
31.7 Employees shall not be paid for earned vacation 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 will always be paid at the employee's pay level at the time the
vacation is used.
31.10 The County reserves the right to cancel authorized vacation or to call back
employees from vacation under emergency circumstances. If such vacation is
cancelled or the employee is called back from vacation, the County shall
reimburse pre-paid, non-recoverable expenses. The County may request
necessary documentation to verify reimbursements.
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ARTICLE 32
UNIFORMS, TOOLS AND EQUIPMENT
32.1 For employees required to wear a uniform (excluding Lifeguards and Golf Course
employees), the County will furnish two sets of shirts and pants for each day the
employee is regularly scheduled to work in a workweek, plus one additional
uniform, i.e., five-day employees will have 11 sets and four-day employees will
have 9 sets, and all on-call employees shall receive an additional 2 sets, not to
exceed 15 sets. Each employee shall receive one windbreaker jacket displaying
the County logo. Bargaining unit employees shall be given their choice of long or
short pants, except for those positions for which the 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. Lifeguard and
golf course uniforms will be issued in accordance with current practice.
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.
32.4 Employees who are required by the County to provide their own tools will be
provided a list of the minimum required tools at the time of employment.
Following ratification of this Agreement by the parties in October of each year of
this Agreement, the supervisor will confirm the employee has the required tools
and submit a request for an annual tool allowance of $150 to be paid eligible
employees. The supervisor will submit the names of eligible employees to the
Department Director for approval. Once approved by the Department Director,
the list will be forwarded to Human Resources for payment to eligible employees
in the next regular payroll cycle.
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ARTICLE 33
WAGES
33.1 For the life of this agreement, employees will receive a 2.5% anniversary
increase, or the same increase as non-union employees under the County
Administrator's purview if greater than 2.5%, not to exceed the top of the
employee's pay range. Bargaining unit employees who are topped out in their
pay range shall receive a lump sum anniversary amount in the amount of $1500,
(prorated for part-time employees), or the same amount as non-union employees
under the County Administrator's purview if greater than the stated amounts not
added to their base upon successful evaluation. Employees within the
established lump sum payment amount (prorated for part-timers) of the maximum
of the range shall receive an increase in base pay up to the maximum of the
range and shall receive the difference between that amount and the established
lump sum payment in a lump sum payment. Any anniversary increases or lump
sum increases after the expiration of this Agreement shall be subject to collective
bargaining.
33.2 For fiscal year 2024/25 the parties agree to implement the attached pay plan
(Attachment A). All bargaining unit employees will be placed in the
corresponding pay grade in the new pay plan for their position effective October
4, 2024, using the following criteria:
• Employees with less than 6 months of service on October 4, 2024
will be placed at the minimum of the new pay grade or retain their
current pay rate (whichever is greater).
• Employees with 6 months of service or greater on October 4, 2024,
will be placed in the new pay grade and receive the greater of:
o 5% above new pay grade minimum, OR
o a $1.75 per hour or 6% per hour increase (whichever is
greater) OR
o the hourly rate in the new pay grade as determined by the
compensation and classification study based on an average
of the employee's class year parity (time in position) and
current pay grade penetration not to exceed a 15% increase
in pay.
Every bargaining unit employee with 6 months of service or greater as of October
4, 2024, will receive at least a $1.75 per hour or 6% per hour increase in their
hourly rate of pay (whichever is greater) up to the maximum the new pay grade.
In no case will an employee's rate of pay exceed the maximum of the new pay
grade. If an employee receives less than a 6% increase due to the maximum of
the new pay grade, the employee will receive the balance in a lump sum. For
fiscal years 2025/2026 and 2026/2027, the parties mutually agree to reopen this
section and collectively bargain future general wage increases. Any general
53
wage increases after the expiration of this agreement shall be subject to
collective bargaining.
33.3 For the life of this Agreement the promotion probation pay increase shall be 5%.
33.4 Full-time employees who actually work established full-time shifts (8 hours, 10
hours, etc.) that start at or after 1:00 p.m. or before 9:00 p.m. will be eligible for a
2nd shift differential at a rate of 5% of the regular hourly rate for the shift worked.
Full-time employees who actually work established full-time shifts (8 hours, 10
hours, etc.) that start at or after 9:00 p.m. or before 4:00 a.m. will be eligible for a
3rd shift differential at a rate of 10% of the regular hourly rate for the shift worked.
Any shift beginning between 4:00 a.m. and 1:00 p.m. is excluded from shift
differential. Shift differential is automatically added to the regular hourly rate for
the purpose of computing overtime pay. Any employees receiving shift
differential, whose established shift is outside the stated guidelines, will no longer
receive it. For fiscal year 2025/2026, the parties mutually agree to reopen this
section and collectively bargain any changes in shift differentials.
33.5 For the life of this Agreement, if the County identifies a bonifide recruitment and
retention issue for a bargaining unit position, the parties may meet to discuss and
present practical solutions to address the concern. Nothing herein is intended to
expand the rights and privileges extended to the Union pursuant to Article 33.2 of
this Agreement with respect to wage reopening and collective bargaining process
for FY 2025/2026 or 2026/2027.
33.6 Beach Lifeguards and full time Pool Lifeguards who possess EMT certification
and provide proof of certification to the County, will receive a $40 biweekly
incentive. The incentive will take effective the pay period following receipt of the
certification by the Human Resources Department. This certification must be
maintained by the employee in order to continue to receive the incentive pay.
33.7 Employees in the Public Works Department, Stormwater Division, and Parks
Division who possess a Commercial Driver License (CDL) that is used in
performance of County work will be eligible for the following biweekly incentive:
• Possession of a Class B CDL without a Tanker and/or Hazmat
endorsement receive an incentive of$20 biweekly.
• Possession of a Class B CDL with a Tanker and/or Hazmat endorsement
receive an incentive of$25 biweekly.
• Possession of a Class A CDL with a restriction of No Tractor/Trailer and no
other endorsement receive an incentive of$25 biweekly.
• Possession of a Class A CDL with a restriction of No Tractor/Trailer and
with the endorsement of Tanker and/or Hazmat receive an incentive of$35
biweekly.
• Possession of a Class A CDL without restrictions and with the endorsement
of Tanker and/or Hazmat receive and incentive of$45 biweekly.
54
The CDL must be maintained by the employee in order to continue to receive the
incentive pay. Loss of the license or the endorsements must be reported to the
County immediately and will result in the loss of the biweekly incentive and may
result in reassignment, transfer, demotion, or be grounds for dismissal if no
position is available. If an employee receiving the incentive moves or is promoted
to a different position, the incentive pay will cease unless the new position is
within Public Works and requires a CDL license.
55
ARTICLE 34
ENTIRE AGREEMENT
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 this agreement. This contract represents
the entire agreement between the parties and no other agreements or practices
are binding upon either party hereto with respect to wages, hours or working
conditions of the employees covered hereby. The employer shall not be obligated
to continue any benefits or employee practices which it has given or engaged in
prior to the execution of this 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.
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ARTICLE 35
PRINTING 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 25 copies of this
agreement to the union, and the union will be responsible for any additional
requests for copies. In addition, the County shall keep a copy at each division
office, which will be available upon request for employee review.
57
ARTICLE 36
SAVINGS CLAUSE
36.1 If any article, section, or provision of this agreement should be found invalid,
illegal or not enforceable by reason of any 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.
58
ARTICLE 37
DURATION OF CONTRACT
37.1 This agreement shall be effective October 1, 2024, shall remain in full force and
effect until the 30th day of September 2027, 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 A day of , 2024.
BOARD OF COUNTY COMMISSIONERS TEAMSTERS LOCAL UNION NO.769
INDIAN RIVER COUNTY, FLORIDA
.1 /
By 4rG�— �r = .:y . 1
:usan A•ams, Chairm_ ane.Z. ;. ', Darren'':er, Chie onion Steward
,
•�9�`fR
'660>"
•.
Attest:
RyA
Ryan L. Butler, Clerk of Court, Comptroller By 4.
S ve Myers, Bu 9 ess Representative
p 04.014: uJa.1.46_>
Deputy Clerk
hn A. Tit nich, Jr., County Administrator
59
ATTACHMENT A-OCTOBER 4, 2024
Teamsters Pay Plan - Hourly Rates
Grade Proposed Proposed Classification
Minimum Maximum
TOO $15.00 $22.50 Outside Operations Attendant
T01 $15.75 $23.63 Courier Lifeguard I(Pool)
T02 $16.54 $24.81 Rodman
T03 $17.36 $26.05 Maintenance Worker Stormwater Maintenance Worker
T04 $18.23 $27.35 Groundskeeper I Meter Reader
T05 $19.14 $28.72 Conservation Lands Technician Scale Operator
Maintenance Worker II Traffic Technician Assistant
T06 $20.10 $30.15 Equipment Operator I Parts Clerk
Golf Cart Mechanic Sign Technician
Inventory Specialist Senior Maintenance Worker
Marking Technician Utility Service Worker
T07 $21.11 $31.66 Conservation Lands Technician II Sr. Maint.Worker-Vegetation Crew Lead
Equipment Operator II Survey Instrument Operator
Groundskeeper II Tradesworker I
Lifeguard I (Beach) Water/Wastewater Plant Operator Trainee
Parks Maintenance Technician
T08 $22.16 $33.24 Equipment Mechanic I Tradesworker II
Heavy Equipment Operator Utility Service Worker II
Line Location Technician
T09 $23.27 $34.90 Equipment Mechanic II Signal Technician I
Finish Grader Operator Small Engine Mechanic
Lifeguard II Tradesworker Crew Leader
Meter Reader Technician TV Truck Operator
R&B HEO Road Pipe Crew Lead Utility Service Worker Ill
R&B Stormwater Drainage Crew Lead
110 $24.43 $36.65 Lead Line Location Technician Utility Crew Leader
Traffic Technician I
111 $25.66 $38.48 Equipment Mechanic Ill Survey Party Chief
Lift Station Mechanic Water/Wastewater Plant Operator C
Plant Mechanic
T12 $26.94 $40.41 Water/Wastewater Plant Operator B
T13 $28.28 $42.43 Electrician Water/Wastewater Plant Operator A
Signal Technician II
114 $29.70 $44.55 Senior Lift Station Mechanic
115 $31.18 $46.78 Chief Operator Chief Signal Technician
Policy Statement
To ensure a workplace free from the influence of illegal drugs and alcohol abuse, the
following Policy has been established. The Policy applies to all employees, supervisors and
managers. Any violation of the Policy will result in discipline, up to and including termination of
employment. The County considers this policy to be a Zero Tolerance policy. As such, employees
having been found to have violated the County's Drug Free Workplace policy are subject to
immediate termination of employment. At the sole discretion of the County, the County may
extend to the employee the option of completing a County-approved substance abuse
rehabilitation program. An employee extended this option will be asked to sign a Last Chance
Agreement that outlines the requirements of completion of the rehabilitation program. Failure to
satisfactorily complete the rehabilitation program and/or subsequent failure of future drug tests
will result in immediate termination.
The County is committed to providing a safe work environment for employees, guests, community
and the public. The abuse of alcohol and drugs is a national problem which impairs the safety and
health of employees, promotes crime, and harms the community. In order to maintain the
highest standards of morale, productivity and safety in its operations, the County is instituting a
drug and alcohol free workplace policy. With the cooperation and assistance of its employees,
the County will implement a program designed to provide a safe workplace environment free from
drugs and alcohol use and/or abuse.
The County recognizes that alcohol and drug dependency require medical supervision and
treatment if there is to be successful rehabilitation. The County's desire and intent is to
encourage any employee with alcohol or drug dependency to enter voluntarily a drug or alcohol
rehabilitation program. It is the responsibility of each employee to initiate and obtain assistance
before any difficulties with drugs or alcohol affect his or her work. Accordingly:
This policy complies with the Florida Drug-Free Workplace Program, as provided in Section
440.101, et sec., Florida Statutes. This Drug-Free Workplace Policy and Work Rules requires all
employees to be free from the influence of drugs and alcohol while working or while in County
property. The use, possession, sale, distribution, or manufacture of any drugs, and/or the
unauthorized possession and/or use of alcohol, while working or while on County property, is
prohibited.
All special risk and safety sensitive job applicants will be tested for drugs prior to being
employed. All employees will be subject to drug and alcohol testing upon reasonable suspicion,
after an accident or injury which requires medical attention, and as a follow-up to release from a
rehabilitation program. All employees are encouraged to be aware of the effects of, and to
advise their supervisor when taking, prescription medication which may affect their performance
at work.
Any questions regarding this policy or other aspect of the drug-free/alcohol-free substance abuse
program should be directed to the Risk Manager at (772) 226-1287, or the Human Resources
Director, at (772) 226-1402.
Revised 2/2017
Rules on Drugs and Alcohol
Employees of the County are hereby notified that it is a condition of employment for each employee to
refrain from reporting to work or working with the presence of drugs or alcohol in his or her body. If an injured
employee refuses to submit to a test for drugs or alcohol, the employee forfeits eligibility for medical and
indemnity benefits. The County considers this policy to be a Zero Tolerance policy. As such, employees having
been found to have violated the County's Drug Free Workplace policy are subject to immediate termination of
employment. At the sole discretion of the County, the County may extend to the employee the option of
completing a County-approved substance abuse rehabilitation program. An employee extended this option will be
asked to sign a Last Chance Agreement that outlines the requirements of completion of the rehabilitation
program. Failure to satisfactorily complete the rehabilitation program and/or subsequent failure of future drug
tests will result in immediate termination.
It is not the intent of the County to intrude into the private lives of its employees. However, the effect of drug and
alcohol use, abuse, and/or dependency on safety, work quality, increased medical expenses and lost productivity
requires that this policy be implemented. The following rules apply under the County's policy:
1.0 Pre-Employment Conditions
1.1 The following pre-employment conditions are established to determine the suitability of employees
to work for the County.
1.2 All job applicants must submit to a drug test prior to starting employment in that position. Any job
offer which a job applicant may receive from the County is contingent upon the applicant
successfully completing the drug test.
1.3 Any job applicant who refuses to submit to drug testing as part of the pre-employment testing
process will be refused employment. Any job applicant who tests positive for drugs will be refused
employment at that time. Confidentiality will be maintained pursuant to this Policy.
1.4 The County will not discriminate against an applicant for employment because of the applicant's past
addiction to drugs or alcohol. It is the current use/abuse of drugs or alcohol that will not be
tolerated.
2.0 Conditions of Continuing Employment
2.1 Each employee will receive a copy of the Drug-Free Workplace Policy and must abide by the Policy.
The rules contained in the Policy are to be considered conditions of continuing employment and are
to be consistently followed. Any violation of these conditions of continuing employment will result
in disciplinary action, up to and including termination of employment.
3.0 Prohibition of Possession, etc.
3.1 The unlawful manufacture, distribution, dispensation, possession, sale, or use of any drug or
unprescribed, controlled substances and/or unauthorized possession or usage of alcohol by
employees while working or when on any County property, including parking lots, are strictly
prohibited.
4.0 Prohibition of Drug or Alcohol Use
4.1 All employees are prohibited from being at work or on County property,including parking lots, with
the presence of any drug or its metabolite, as set forth herein, in the employee's body. Any
employee who has a confirmed positive test of a drug or its metabolite at the levels defined herein
will be presumed to be under the influence of a drug and in violation of County Policy.
4.2 All employees are prohibited from being at work or on County property, including parking lots,with
the presence of alcohol, as set forth herein, in the employee's body. Any employee who has a
confirmed positive test of alcohol at the levels defined herein will be presumed to be under the
influence of alcohol and in violation of County Policy.
5.0 Requirements to Report Medication Use
5.1 The County does not prohibit the use of a drug (prescribed medication) which has a currently
accepted medical use, provided:
(a) The drug is prescribed or authorized for an employee by a licensed practitioner; and
(b) The use of the drug at the prescribed or authorized level is consistent with the safe
performance of the employee's duties; and
(c) The drug is used at the dosage prescribed or authorized.
5.2 Employees are encouraged to notify their immediate supervisor when reporting for work or during
the course of a work shift if the use of any prescription or non-prescription medication may
adversely affect his or her ability to satisfactorily and safely perform his normal job duties (e.g.,
including but not limited to drowsiness). Employees in safety sensitive or special risk positions are
required to provide their supervisor with such information.
6.0 Employee Drug and Alcohol Testing
6.1 Employees will be required to submit to drug and/or alcohol testing upon reasonable suspicion as
defined in this Policy,during a routine fitness for duty(physical)examination,after an accident or
injury which requires medical treatment, and after release from a drug or alcohol rehabilitation
program unless the employee voluntarily entered the program. If follow-up testing is required, it
must be conducted at least once a year for a 2-year period after completion of the program.
Advance notice of a follow-up testing date must not be given to the employee to be tested.
6.2 An employee who tests positive on a confirmation test will be subject to discipline, up to and
including termination.
6.3 Refusal of a treatment program: If an employee is offered an opportunity to enter into a treatment
program and refuses to do so, the employee will be immediately terminated.
6.4 Treatment program requirements: Employees who have been provided with an opportunity to enter
into a treatment and/or rehabilitation program must meet all requirements of that program
including any required aftercare. Failure to follow or complete the treatment and/or rehabilitation
program or a subsequent positive confirmed drug test will result in immediate termination of
employment.
6.5 Confidentiality will be maintained at all times to the extent permitted by law except to the extent
necessary to comply with this policy.
7.0 Employee Drug or Alcohol-Related Criminal Charges or Arrests
7.1 Employees are required to notify Human Resources of any criminal drug statute-related criminal
charge or arrest no later than five(5)days after such charge has been filed. Employees in positions
which require driving a County vehicle on County business must notify Human Resources of any drug
or alcohol-related arrest(e.g.,including but not limited to Driving While Under the Influence)on the
next workday.
7.2 The County will take appropriate action with respect to an employee who is so charged, which
action may include transfer to a non-safety sensitive or non-special risk position in alcohol-related
cases or discipline in cases related to illegal drugs.
7.3 Employees are required to notify Human Resources of the outcome of all criminal drug statute or
alcohol-related criminal charges no later than five (5) days after any change in status of such
charges. This includes notification of a conviction, a plea of guilty,an adjudication of guilty,a plea
of nolo contendere, an adjudication withheld, an acquittal or a dismissal of the charges.
7.4 The County will take appropriate disciplinary action against such employee within thirty(30)days of
receiving notice of the outcome or any change in the status of such criminal drug statute or alcohol-
related charges.
8.0 Rehabilitation Procedures
8.1 An employee who is experiencing problems as a result of drug and/or alcohol abuse should contact
Human Resources for referral for treatment and/or counseling. This discussion will be kept
confidential. Supervisory personnel may be notified when treatment or rehabilitation will require
absence from work.
9.0 Employee Education and Referral Program
9.1 It is the responsibility of each employee to seek assistance before drugs and alcohol use or abuse
leads to disciplinary problems. Employees who may require assistance for substance dependency and
related programs are encouraged to seek assistance and information from Human Resources.
9.2 Once a violation of this Policy occurs, subsequent use of a counseling or rehabilitation program on a
voluntary basis will not affect the determination of appropriate disciplinary action.
9.3 An employee's decision to seek assistance or referral from Human Resources prior to an incident
warranting disciplinary action will not be used as the basis for disciplinary action or in any
disciplinary proceeding.
9.4 The County has no interest in restricting social drinking outside of working hours and no intent to
intrude upon private or personal lives of employees. The County is concerned only when the
employee's health, job performance and safety conditions are adversely affected.
9.5 Upon successful completion of a drug treatment program an employee may be released to resume
work, but will be subject to drug testing on a random, periodic basis for at least two years
thereafter as a condition of continued employment.
9.6 An employee's participation in an alcohol or drug treatment program will not be made part of any
personnel records and will remain confidential except to the extent necessary to comply with this
Policy and to the extent permitted by law. Medical and insurance records, if any,will be preserved
in the same confidential manner as all other medical records. Treatment recommendation records
and compliance records will be maintained by Human Resources.
10.0 Employee Education Information
10.1 The following crisis information centers will provide information regarding employee assistance
programs and local alcohol and drug rehabilitation programs available to employees:
Bradman/UniPsych Companies
7777 Davie Road Extension, Suite 100
Hollywood FL 33024
1-800-272-3626 or (954) 704-8686
Substance Abuse Council
2501 27th Avenue
Vero Beach FL 32960
770-4811
Center for Emotional and Behavioral Health at Indian River Memorial Hospital
1190 37th Street
Vero Beach FL 32960
563-4666
Community Oriented Police Enforcement (COPE)
4055 41st Avenue
Vero Beach FL 32960
569-6700
Mental Health Association of Indian River and St. Lucie Counties
2001 9th Avenue
Vero Beach FL 32960
569-9788
New Horizons of the Treasure Coast
1360 US Highway 1
Vero Beach FL 32960
778-7217 or 1-888-468-5600
Support Groups
Alcoholics Anonymous (AA) 562-1114
Al-Anon 562-1114
Alateen 562-1114
Adult Children of Alcoholics 567-2253
Narcotics Anonymous 1-800-281-9889
Cocaine Anonymous 1-800-877-7675
National Hotline Numbers
Alcohol and Drug Referral Hotline 1-800-252-6454
Child's Help, National Child Abuse Hotline 1-800-422-4453
National AIDS Hotline 1-800-342-2437
National Cocaine Hotline 1-800-262-2463
National Hepatitis Hotline 1-800-223-0179
National Runaway Switchboard and Suicide Hotline 1-800-621-4000
National Sexually Transmitted Diseases Hotline 1-800-227-8922
Suicide and Rape 24-Hour Emergency Services 1-800-333-4444
National Assistance Groups
Alcoholics Anonymous 1-800-344-2666
Food and Drug Administration 1-301-443-1240
Mothers Against Drunk Driving (MADD) 1-800-438-6233
Narcotics Anonymous 1-800-281-9889
National Association for Children of Alcoholics 1-714-499-3889
National Association of Anorexia Nervosa and Associated Disorders 1-312-831-3438
National Council of Child Abuse and Family Violence 1-800-222-2000
National Institute of Drug Abuse, Drug Information, Treatment 1-800-662-4357
Parents Anonymous National Office 1-800-421-0353
Tough Love 1-800-333-1069
10.3 Employees may obtain further information regarding available drug and alcohol assistance and
rehabilitation programs by contacting Human Resources.
11.0 Management's Responsibilities
11.1 County Officers, Managers, and Supervisors (hereafter collectively referred to as"supervisors")are
responsible for implementing the drug and alcohol free workplace Policy. It is the responsibility of
supervisors to observe the behavior of employees on the job as a precaution against unstable or
unreliable behavior which could threaten the safety and well-being of employees or the public.
11.2 Supervisors are responsible for maintaining a safe work environment by determining each employee's
fitness for duty.
11.3 In the event a supervisor has a reasonable suspicion(as defined in this Policy)that an employee may
be affected by drugs or alcohol or has otherwise violated this Policy, the employee must be sent for
drug testing.
11.4 In all cases when an employee is being removed from duty for drug testing,the supervisor must notify
his superior.
12.0 Employee's Responsibilities
12.1 It is each employee's responsibility to be fit for duty when reporting for work and to inform his or her
supervisor if he or she is under the influence of prescription medication which may affect job
performance or safety.
12.2 In the event an employee observes behavior which raises a doubt as to the ability of a co-worker to
work in a safe and reliable manner, the employee should report this behavior to his/her supervisor.
12.3 Employees who voluntarily or, as a condition of continued employment, enter a drug or alcohol
treatment and/or rehabilitation program must participate and complete recommended treatment.
Any employee who enters a drug or alcohol treatment and/or rehabilitation program will be
responsible for payment for the treatment and/or program to the extent not covered by medical
insurance provided by the County. If the employee fails to comply with the treatment and/or
program, the employee will be subject to discipline, up to and including termination of employment.
12.4 Employees or job applicants have a responsibility to notify the laboratory of any administrative or
civil action brought pursuant to law.
13.0 Employee Education
13.1 Employees and supervisors will be required to participate in a drug-free awareness program on an
annual basis. The program will inform employees about the following:
(a) The legal, social, physical and emotional consequences of the use, misuse and/or abuse of
drugs or alcohol;
(b) The County's commitment to maintain a drug-free workplace;
(c) Available drug counseling, rehabilitation and employee assistance programs;
(d) Assistance in identifying personal and emotional problems which may result in the misuse of
alcohol or drugs; and
(e) The penalties which may be imposed by the County on employees for drug abuse violations
occurring in the workplace.
14.0 Rights Under Collective Bargaining Agreements
14.1 Employees who are covered under any collective bargaining agreement between the County and any
certified labor organization will have the right to file a grievance regarding discipline imposed by
the County as a result of a violation of this Policy if said grievance is permitted to be filed pursuant
to the collective bargaining agreement and have the right to appeal to the Public Employees
Relations Commission or applicable court.
15.0 Testing Pursuant to the Drug-Free Workplace Policy
15.1 Types of Testing. In order to maintain a drug or alcohol free work environment and in accordance
with Florida's Drug-Free Workplace Program, Section 440.101, et seq, Florida Statutes (1996
Supplement), as amended, and applicable administrative regulations, the County will test for the
presence of drugs and/or alcohol in the following circumstances:
15.2 Pre-employment: All job applicants who have been offered a position of employment in a safety-
sensitive or special-risk positions must submit to a drug and/or alcohol test before beginning
employment or work with the County.
15.3 Reasonable Suspicion: Employees who are determined to be under reasonable suspicion of drug or
alcohol use (as defined in this policy) will be required to submit to a drug and/or alcohol test.
15.4 Fitness-for-Duty: All employees who are subject to a routine fitness for duty medical examination
must take a drug and/or alcohol test as part of their medical examination.
15.5 Followup: All employees who have entered an employee assistance program or rehabilitation
program for drug and/or alcohol abuse must take drug and/or alcohol tests on a quarterly, semi-
annual, or annual basis for two years after return to work. This requirement may be waived in the
sole discretion of the County when an employee voluntarily enters a drug treatment program before
disciplinary action has been taken.
15.6 Post Accident or Injury: Alt employees who are involved in an accident or injury to an employee
which requires medical treatment occurring while at work which was caused, contributed to, or
involved an employee must take a drug and/or alcohol test after administration of emergency
medical treatment. If it cannot be determined who was driving the County vehicle at the time of
the accident, then anyone who was in the vehicle during the applicable time period will be required
to submit to testing.
15.7 Random Testing for Safety-Sensitive or Special-Risk Employees: Safety-sensitive and special-risk
employees are subject to random testing as determined by the County. Random testing shall be
conducted via an unbiased selection procedure, and in accordance with drug testing rules adopted
by the AHCA and DFS. Random testing shall be subject to collective bargaining and shall not be
conducted for employees covered by such agreements unless expressly included in the agreement.
16.0 Consequences of Refusing a Drug Test
16.1 An employee who refuses to submit to a drug test will be subject to discipline, up to and including
termination of employment. An employee who refuses to submit to a drug test following an
occupational injury which requires medical treatment forfeits eligibility for alt workers'
compensation medical and indemnity benefits in accordance with Florida law.
16.2 A job applicant who refuses to submit to a drug test will not be hired.
17.0 Actions Following Positive Confirmed Test: The County may institute disciplinary action,up to and including
termination of employment, for any employee who has a positive,confirmed drug test. The employee or job
applicant who receives a positive confirmed test result may contest or explain the result to the Medical
Review Officer(MRO)within five(5)working days after receiving written notification of the test result. If an
employee's or job applicant's explanation or challenge is unsatisfactory to the MRO, the MRO shall report a
positive test result back to the employer. The drug test result may be contested pursuant to law or to rules
adopted by the AHCA.
18.0 Reporting of Use of Medication: Employees and job applicants may confidentially report the use of
prescription or non-prescription medication to the MRO through Human Resources both before and after
having a drug test.
19.0 Notice of Common Medications: A list of the most common medications by brand name or common name,as
applicable, as well as chemical name, which may alter or affect a drug test, is attached. Employees and job
applicants should review this list prior to submitting to a drug test.
20.0 Medication Information: An employee or job applicant may consult with the County's MRO or the testing
laboratory for technical information regarding prescription and non-prescription medication.
21.0 Drugs to be Tested
21.1 Drug testing may be required for any or all of the following drugs:
1 Alcohol, including distilled spirits, wine, beer and intoxicating liquors;
2. Amphetamines;
3. Cannabinoids;
4. Cocaine;
5. Phencyclidine (PCP);
6. Hallucinogens;
7. Methaqualone;
8. Opiates;
9. Barbiturates;
10. Benzodiazepines;
11. Synthetic narcotics (Methadone and Propoxyphene);
12. Designer drugs;
13. A metabolite of any of the substances listed herein.
22.2 Drug cut-off levels -- Initial Drug Test: All levels equal to or exceeding the following shall be
reported as positive:
Alcohol 0.05 gl/dl%
Amphetamines 1,000 ng/ml
Cannabinoids 50 ng/ml
Cocaine 300 ng/ml
Phencyclidine 25 ng/ml
Methaqualone 300 ng/ml
Opiates 300 ng/ml
Barbiturates 300 ng/ml
Benzodiazepines 300 ng/ml
Synthetic Narcotics
Methadone 300 ng/ml
Propoxyphene 300 ng/ml
21.3 Drug cut-off levels--Confirmation Drug Test: All levels equal to or exceeding the following shall be
reported as positive:
Alcohol 0.05 gl/dl%*
Amphetamines 500 ng/ml
Cannabinoids 15 ng/ml
Cocaine 150 ng/ml
Phencyclidine 25 ng/ml
Methaqualone 150 ng/ml
Opiates 300 ng/ml
Barbiturates 150 ng/ml
Benzodiazepines 150 ng/ml
Synthetic Narcotics
Methadone 150 ng/ml
Propoxyphene 150 ng/ml
*Testing laboratories will report all quantitative alcohol test results above 0.05% to the MRO who will be
responsible for reporting results to the County. Percent by weight of alcohol in blood is based upon grams of alcohol
per 100 milliliters of blood.
22.0 Reasonable Suspicion Drug Testing
22.1 Employees will be required to submit to drug and/or alcohol testing when a supervisor has
"reasonable suspicion" as defined in this Policy, to believe that an employee is using or has used
drugs or alcohol in violation of this Policy. The supervisor will document the circumstances which
formed his or her determination. A copy of this documentation will be given to the employee upon
request within seven days from the date of the supervisor's determination of"reasonable suspicion."
23.0 Confidentiality and Records Maintenance
23.1 Confidentiality of records concerning drug testing pursuant to the Drug Free Workplace Policy will be
maintained by the Risk Manager in accordance with Florida law. All information, records,drug test
results in the possession of the County, laboratories, employee assistance programs and drug and
alcohol rehabilitation programs will be kept confidential. No such program's information or records
will be released unless written consent, signed by an employee or job applicant, is provided or
unless disclosure of such information or records is compelled by court order. The County may also
disclose such information when relevant in any civil, disciplinary, or administrative hearing. The
County will maintain records concerning drug testing separate and apart from a job applicant or
employee's personnel file.
24.0 Challenge of Test Results of Drug Test Under Florida Law
24.1 An employee or job applicant who receives a positive confirmed test result may challenge the result
by requesting retesting at the employee's expense.
25.0 Medical Review Officer's Responsibilities for Testing Under Florida Law
25.1 The Medical Review Officer (MRO)shall fully comply with all of the requirements set forth in Rule
59A-24.008(1)Florida Administrative Code,as it may from time to time be amended. The MRO shall
be a licensed physician who has knowledge of substance abuse disorders, laboratory testing
procedures, chain of custody collection procedures, and medical use of prescription drugs and
pharmacology and toxicology of illicit drugs.
Drug and Alcohol Testing of Commercial Drivers License Holders
In addition to the policies and procedures set forth above, some employees who are required to operate commercial
motor vehicles are subject to drug and alcohol testing as required by the Omnibus Transportation Employee Testing Act
of 1991, 49 USC 2714-2717 (1993), and pursuant to all applicable procedures and regulations promulgated by the
Department of Transportation and the Federal Highway Administration,as well as any additional policy adopted by the
County pursuant to those federal laws and regulations. In cases where the requirements of both federal and state drug
and alcohol laws and regulations and/or the County's Drug-Free Workplace Policy may be applicable,the requirements
of federal drug and alcohol laws and regulations will control if a conflict arises between federal law and regulations
and the requirements of state law or the County's Drug-Free Workplace Policy.
Federal Transit Administration Drug and Alcohol Testing
Employees designated as safety-sensitive in accordance with the Federal Transit Administration regulations will be
subject to the drug and alcohol testing requirements contained in 49 CFR Part 655, "Prevention of Alcohol Misuse and
Prohibited Drug Use in Transit Operations." For these positions, the County complies with 49 CFR, Part 40,
"Procedures for Transportation Workplace Drug Testing Programs."
A safety-sensitive employee will be required to submit to secondary testing when the MRO informs the County that a
negative test was dilute(i.e.,a creatinine concentration of less than 20 milligrams per deciliter and a specific gravity
of 1.0003 or less).
Indian River County
Over-the-Counter and Prescription Drugs Which Could Alter
or Affect the Outcome of a Drug Test
Alcohol
All liquid medications containing ethyl alcohol (ethanol). Please read the label for alcohol
content. As an example, Vick's NyQuil is 25% (50 proof) ethyl alcohol, Comtrex is 20% (40
proof), Contact Severe Cold Formula Night Strength is 25% (50 proof), and Listerine is 26.9%
(54 proof).
Amphetamines
Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex
Cannabinoids
Marinol (Dronabinol, THC)
Cocaine
Cocaine HCL topical solution (Roxanne)
Phencyclidine
Not legal by prescription
Methaqualone
Not legal by prescription
Opiates
Paregoric, Parepectolin, Donnagel PG, Morphine, Tylenol with Codeine, Empirin with Codeine,
APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH,
Novahistine Expectorant, Dilaudid (Hydromorphone), M-S Contin and Roxanol (morphine
sulfate), Percodan, Vicodin, etc.
Barbiturates
Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorinal, Fioricet, Esgic, Butisol,
Mebaral, Butabarbital, Butabital, Phrenilin, Triad, etc.
Benzodiazepines
Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium,
Verstran, Halcion, Paxipam, Restoril, Centrax.
Methadone
Dolophine, Methadose
Propoxyphene
Darvocet, Darvon N, Dolene, etc.
Indian River County
List of Drugs by Trade or Common Name
Drugs Trade or Common Names
Narcotics
Opium Dover's Powder, Paregoric, Parepectolin
Morphone Morphine, Pectoral Syrup
Codeine Tylenol with Codeine, Empirin Compound with Codeine,
Robitussin A-C
Heroin Diacetylmorphone, Horse, Smack
Hydromorphine Dilaudid
Meperidine (Pethidine) Demerol, Mepergan
Methadone Dolophine, Methadone, Methadose
Other Narcotics LAAM, Leritine, Numorphan, Percodan, Tussionex,
Fentanyl, Darvon, Talwin, Lomotil
Depressants
Chloral Hydrate Noctec, Somnos
Barbiturates Phenobarbital,Tuinal,Amytal,Nembutal,Seconal,Lotusate
Benzodiazepines Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium,
Xanax, Serax, Tranxene, Valium, Verstran, Halcion,
Paxipam, Restoril
Methaqualone Quaalude
Glutethimide Doriden
Other Depressants Equanil, Miltown, Noludar, Placidyl, Valmid
Stimulants
Cocaine Coke, Flake, Snow, Crack
Amphetamines Biphetamine, Delcobese, Desoxyn, Dexedrine, Mediatric
Phenmetrazine Preludin
Methylphenidate Ritalin
Other Stimulants Adipex, Bacarate, Cylert, Didrex, Ionamin, Plegine, Pre-
Sate, Sanorex, Tenuate, Tepanil, Voranil
Hallucinogens
LSD Acid, Microdot
Mescaline and Peyote Mesc, Buttons, Cactus
Amphetamine Variants 2,5-DMA, PMA, STP, MDA, MDMA, TMA, DOM, DOB
Phencyclidine PDP, Angel Dust, Hog
Phencyclidine Analogs PCE, PCP, TCP
Other Hallucinogens Bufotenine, Ibogaine, DMT, DET, Psilocybin
Cannabis
Marijuana Pot,Acapulco Gold, Grass, Reefer,Sinsemilla,Thai Sticks
Tetrahydrocannabinol THC
Hashish Hash
Hashish Oil Hash Oil
Definitions
1. Alcohol means ethyl alcohol (ethanol) and includes a distilled spirit, wine, a malt
beverage or an intoxicating liquor. For purposes of this policy, alcohol is considered to be a drug.
Thus, any reference to drugs and/or drug testing includes alcohol and/or alcohol testing.
2. Drugs means alcohol, an amphetamine, a cannabinoid, cocaine, phencyclidine (PCP), a
hallucinogen, methaqualone, an opiate, a barbiturate, a benzodiazepine, a synthetic narcotic, a
designer drug, or a metabolite of any of the substances listed in this policy. An employer may test
an individual for any or all of such drugs.
3. Job Applicant means a person who has applied for a special-risk or safety-sensitive
position with the County.
4. Employee means an individual who works for the County on a full-time or part-time
basis and receives salary, wages, or compensation.
5. Drug Test.
a. "Drug test" means any chemical, biological, or physical instrumental analysis
administered, by a laboratory certified by the United States Department of Health and Human
Services (HHS) or licensed by the Agency for Health Care Administration (AHCA), for the purpose
of determining the presence or absence of a drug or its metabolites.
b. Drug testing may require the collection of blood, urine, breath, or saliva of an
employee or job applicant. The County has the right to use more accurate, scientifically accepted
methods which may be approved in the future by the FDA or AHCA as such technology becomes
available in a cost-effective method.
c. "Initial drug test" means a sensitive, rapid, and reliable procedure to identify
negative and presumptive positive specimens, using an immunoassay procedure or an equivalent,
or a more accurate scientifically accepted method approved by the FDA or AHCA as such more
accurate technology becomes available in a cost-effective form.
d. "Chain of custody" refers to the methodology of tracking specified materials or
substances for the purpose of maintaining control and accountability from initial collection to
final disposition for all such materials or substances and providing accountability at each stage in
handling, testing, and storing specimens and reporting test results.
e. "Confirmation test" means a second analytical procedure used to identify the
presence of a specific drug or metabolite in a specimen, which test must be different in scientific
principle from that of the initial test procedure and must be capable of providing requisite
specificity, sensitivity, and quantitative accuracy.
6. Positive Confirmed Test or Confirmation Test means a second analytical procedure
which confirms a positive result from an initial drug test in accordance with the Florida Drug-Free
Workplace.
7. Medical Review Officer (MRO) means a licensed physician who has knowledge of
substance abuse disorders, laboratory testing procedures and chain of custody collection
procedures, who is responsible for receiving and reviewing all positive confirmed test results, and
who is responsible for contacting all individuals who tested positive in a confirmation test to
inquire about possible medications which could have caused a positive result in accordance with
Rule 38F-9.014, FAC.
8. Prescription or Non-Prescription Medication means a medication obtained pursuant to
a prescription as defined by Section 893.02, FS, or a medication that is authorized pursuant to
federal or state law for general distribution and use without a prescription in the treatment of
human diseases, ailments or injuries.
9. Reasonable Suspicion Drug Testing means drug testing based on a belief that an
employee is using or has used drugs in violation of this policy drawn from specific objective and
articulable facts and reasonable inferences drawn from those facts in light of experience. Among
other things, such facts and inferences may be based upon:
a. Observable phenomena while at work, such as direct observation of drug use or the
physical symptoms or manifestations of being under the influence of a drug.
b. Abnormal conduct or erratic behavior while at work or a significant deterioration in
work performance.
c. A report of drug use, provided by a reliable and credible source.
d. Evidence that an individual has tampered with drug test during his employment
with the current employer.
e. Information that an employee has caused, or contributed to, or been involved in an
accident while at work.
f. Evidence that an employee has used, possessed, sold, solicited, or transferred
drugs while working or while on the employer's premises or while operating the
employer's vehicle, machinery, or equipment.
10. Safety-Sensitive Position means, with respect to a public employer, a position in
which a drug impairment constitutes an immediate and direct threat to public health or safety,
such as a position that requires the employee to carry a firearm, perform life-threatening
procedures, work with confidential information or documents pertaining to criminal
investigations, or work with controlled substances; a position subject to s. 110.1127; ora position
in which a momentary lapse in attention could result in injury or death to another person, such as
driving a vehicle or operating equipment or heavy machinery.
11. Special-Risk Position means, with respect to a public employer, a position that is
required to be filled by a person who is certified under Chapter 633 or Chapter 943.
12. Specimen means urine, blood or saliva, or a product of the human body capable of
revealing the presence of drugs or their metabolites, as approved by the FDA or the AHCA.
Indian River County, Florida
Drug-Free Workplace Program
Certificate of Agreement
I do hereby certify that I have received Indian River County's drug testing policy. I
understand and agree that I will submit to a drug test when upon reasonable suspicion
pursuant to this policy I am requested to do so by my supervisors, according to County
policy. I also understand that failure to comply with a drug test request or a positive
test result may lead to termination of my employment with Indian River County.
Printed Name Date
Signature
If the employee is a minor, parent(s) or legal guardian(s) must sign below to
acknowledge this policy and authorize drug testing as provided in this policy.
Parent/Guardian Printed Name Date
Signature