HomeMy WebLinkAbout1888 USW Contract 2017-2020AGREEMENT
UNITED SERVICE WORKERS UNION
USWU, LOCAL 555
(the "Union")
CITY OF SANFORD, FLORIDA
(the "Employer")
Contract
2017-2020
Effective Date: November 13, 2017
TABLE OF CONTENTS
ARTICLE1 - PREAMBLE.................................................................................................................. 3
ARTICLE 2 - RECOGNITION.............................................................................................................
4
ARTICLE 3 - DUES DEDUCTION......................................................................................................
5
ARTICLE 4 - NON-DISCRIMINATION..............................................................................................
6
ARTICLE 5 - UNION BUSINESS.......................................................................................................
7
ARTICLE 6 - MANAGEMENT RIGHTS..............................................................................................
8
ARTICLE 7 - WORK STOPPAGES..................................................................................................
11
ARTICLE 8 - DISCIPLINE AND DISCHARGE.................................................................................
12
ARTICLE 9 - GRIEVANCE PROCEDURE.......................................................................................
13
ARTICLE 10 - SAFETY....................................................................................................................
17
ARTICLE11 -INSURANCE .............................................................................................................
18
ARTICLE 12 - WORKER'S COMPENSATION AND LIGHT DUTY .................................................
19
ARTICLE 13 - BULLETIN BOARDS.................................................................................................
20
ARTICLE 14 - EDUCATIONAL ASSISTANCE................................................................................
21
ARTICLE 15 - WORKING OUT OF CLASSIFICATION...................................................................
22
ARTICLE 16 - PERFORMANCE EVALUATIONS............................................................................
23
ARTICLE 17 - TRANSFERS/PROMOTIONS..................................................................................
24
ARTICLE 18 - HOLIDAYS................................................................................................................
25
ARTICLE 19 - OVERTIME...............................................................................................................
26
ARTICLE 20 - EMERGENCY COMPENSATION............................................................................
27
ARTICLE 21 - STAND-BY TIME POLICY.......................................................................................
28
ARTICLE22 - SENIORITY...............................................................................................................
29
ARTICLE 23 - SICK LEAVE.............................................................................................................
30
ARTICLE 24 - VACATION................................................................................................................
31
ARTICLE 25 - BEREAVEMENT.......................................................................................................
32
ARTICLE 26 - JURY DUTY..............................................................................................................
33
ARTICLE 27 - LEAVES OF ABSENCE WITHOUT PAY..................................................................
34
ARTICLE 28 - MILITARY LEAVE.....................................................................................................
35
ARTICLE29 - FLEX TIME...............................................................................................................
36
ARTICLE 30 - PUBLICATION OF AGREEMENT............................................................................
37
ARTICLE31 -WAGES .....................................................................................................................
38
ARTICLE 32 - ALCOHOL AND DRUG TESTING............................................................................
39
ARTICLE 33 - SEVERABILITY........................................................................................................
40
ARTICLE 34 - ENTIRE AGREEMENT/DURATION.........................................................................
41
ARTICLE 35 - UNIFORMS...............................................................................................................
42
ARTICLE 36 - COMP TIME..............................................................................................................
43
ARTICLE I — PREAMBLE
1. This Agreement is between the City of Sanford, Florida, hereinafter called the "City" and the
UNITED SERVICE WORKERS UNION, USWU, Local 555, hereinafter called the "Union" or "USWU."
2. Any reference to City of Sanford Personnel Rules and Regulations throughout this
Agreement shall mean the most current approved and adopted City of Sanford Personnel Rules and
Regulations and Administrative Policies.
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ARTICLE 2 — RECOGNITION
1. The City recognizes that the USWU is the sole and exclusive representative of the Bargaining
Unit hereinafter identified for the purposes of collective bargaining with respect to establishing wages, hours,
and terms and conditions of employment for all members within the bargaining unit.
2. The certification by the City of Sanford Public Employees Relations Commission in Case
No. RC 2003-02, and as a result thereof, the City recognizes the USWU as the exclusive collective
bargaining representative for the following bargaining unit:
INCLUDED: All full-time and regular part-time employees of the City of Sanford in the
classifications: Custodial Worker I and 11; Electrical Technician; Equipment Operator I, 11, III; and IV, Fleet
Maintenance Mechanic I and 11; Irrigation Technician, Lift Station Operator; Maintenance Worker I, II, and
III; Sign Technician; Utility Field Specialist; Utility Plant Maintenance Mechanic; Utility Plant Operator
Trainee; Utility Wastewater Plant Operator I, 11, and III; Utility Water Plant Operator I, II, and III; Utility
Operations Specialist, Field Service Technician, Lead Groundskeeper, Lead Maintenance Worker, Lead
Parts Technician, Park Ranger, Parts Technician, Spray Technician, Trades Maintenance Technician I and
11, and Utility Service Technician 1, II and 111.
EXCLUDED: Building Codes Inspector I, 11, and 111; Building Official; Code Enforcement
Officer I, 11, and III; Community Service Officer; Field Supervisor; Foreman; Grounds Maintenance
Supervisor; Operations Superintendent, Maintenance Superintendent, Inspector Technician; Lead
Mechanic; Lead Operator; Lead Technician; Operations Support Coordinator; Parks Superintendent;
Recreation Supervisor; Senior Utility Inspector; Sewer Supervisor; Utility Inspection; Water Supervisor; and
all other employees of the City of Sanford.
4
ARTICLE 3 — DUES DEDUCTION
1. Any one member of the union, who has submitted a properly executed written dues
authorization card or statement to the City may have his/her dues in the union deducted from his/her wages.
Dues shall be deducted during each payroll period, and, shall, thereafter, be transmitted to the union or its
designated depository. The City, however, shall have no responsibility or liability for the improper deduction
of any dues. Further, the union shall hold the City harmless for any errors in the administration of dues
deduction system. It shall be the responsibility of the union to notify the City of any change in the amount
of dues to be deducted at least 60 days in advance of said change. Under no circumstances shall the City
be required to deduct union fines, penalties, or non-uniform assessments from the wages of any member.
2. Any authorization for dues deduction may be canceled by the employee upon thirty (30)
days written notice to the City with a copy to the Union.
3. When an employee quits, is discharged, or is laid off, any unpaid dues owed to the union
will be deducted from the employee's last paycheck.
4. The City may deduct from the payment made to the Union the following expenses
administering the bookkeeping system related to the retention and transmittal of funds:
(a) Twenty-five cents ($.25) per month to compensate the City for performing the dues
function.
(b) Thirty-five cents ($.35) per employee for each new enrollment.
5. No deduction shall be made from the employee during any payroll period in which the
employee's net earnings for the payroll period are less than the amount of dues to be paid.
5
ARTICLE 4 — NON-DISCRIMINATION
1. Neither the Union nor the City shall discriminate against or harass any employee on the
basis of any status protected by applicable law or Union membership or non -membership.
2. If, and in the event, an employee elects to seek remedy for alleged discrimination or
harassment by the filing of a complaint with EEOC or FCHR, then in that event, the subject of that event
may not also be grieved.
3. If, and in the event, an employee files a lawsuit against the City, the employee waives the
right to file a grievance regarding any circumstances related to the lawsuit.
4. If, and in the event, an employee files a lawsuit against the City after exercising his right to
arbitration, the employee agrees that any adverse finding made against him/her by arbitration shall be
admissible as evidence against him/her in his his/her lawsuit against the City.
A
ARTICLE 5 — UNION BUSINESS
1. The President of the Local Union or his/her designee (alternate) shall represent the
Union. It shall be the responsibility of the Union to notify the City in writing of any change of the designation
of the President or his/her designee. (Neither the President nor his/her designee will be recognized by the
City unless the City Manager receives such written notification.)
2. It is the City's position that bargaining unit employees, Union officers, and Union
representatives shall be paid by the City only when they perform assigned duties and/or work directed by
the City. To the extent that these employees wish to perform Union duties (such as negotiations, grievance
protesting, attending Union conventions, etc.) during their normal work schedules, they may utilize Paid
Time Off (PTO); provided, however that they comply with the rules otherwise applicable to PTO.
3. The Union, its members, agents or representatives, or any person or persons acting on its
behalf shall not engage in:
(a) Soliciting non -Unit employees of the City during working hours; and
(b) Soliciting or distributing recruitment literature during work hours in areas where the
actual work of City employees is performed.
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ARTICLE 6 — MANAGEMENT RIGHTS
1. Except as specifically restricted by the provisions of this Agreement, the City has the sole
and exclusive right to manage and direct any and all of its operations. Accordingly, the City specifically, but
not by way of limitation, reserves the sole and exclusive right to:
(a) Determine the purpose and organizational structure of each City Department.
(b) Exercise control and discretion over the organization and efficiency of operations of
each City Department.
(c) Set minimum performance standards for service to be offered to the public.
(d) Change, modify, or alter the composition and the size of the work force, including the
right to relieve employees from duties because of lack of work, funds, or other
management reasons which could arise.
(e) Determine the location, methods, means and personnel by which operations are to
be conducted.
(f) Change or modify duties, tasks, responsibilities, orjob descriptions due to operational
requirements of each City Department.
(g) Transfer, assign, schedule employees in positions within the organizational structure
of the City and each City Department.
(h) Change or modify the number, types, and grades of positions of employees assigned
to an organization, unit, division, department, or project.
(i) Decide the scope of the service.
0) Hire, examine, classify and/or otherwise determine the criteria and standards of
selection for employees.
(k) Fire, demote, suspend or otherwise discipline bargaining unit employees.
(1) Test employees pursuant to the provisions contained herein and/or the City's Drug
Free Workplace Policy.
(m) Promote and/or otherwise establish criteria and/or procedures for promotions within
and outside the bargaining unit; and determine the number and types of positions
as well as the number and types of positions in each classification, grade, or
designation in any plan which is or may be developed by the City.
(n) Lay-off and/or relieve employees from duty due to lack of work or lack of funding or
any other reason in accordance with City policies.
(o) Recall employees in accordance with City policies.
(p) Determine the starting and quitting time and the number of hours and shifts to be
worked.
(q) Determine the allocation and content of job classifications; and determine all training
parameters for all City positions, including persons to be trained and extent and
frequency of training.
(r) Formulate and/or amend job descriptions.
(s) Merge, consolidate, expand, curtail, transfer or discontinue operations, temporarily or
permanently, in whole or in part, whenever in the sole discretion of the City's good
business judgment makes such curtailment or discontinuance advisable.
(t) Contract and/or subcontract any existing or future work.
(u) Create, expand, reduce, alter, combine, assign, or cease any job.
(v) Determine whether and to what extent the work required in its operation shall be
performed by employees covered by this Agreement.
(w) Control the use of equipment and property of the City and determine the number and
classifications of employees assigned to any shift, station or piece of equipment.
(x) Determine the maintenance procedures, materials, facilities, and equipment to be used,
and introduce new and improved services, maintenance procedures, materials, facilities
and equipment.
(y) Take whatever action may be necessary to carry out the mission and responsibility of
the City in unusual and/or emergency situations.
(z) Maintain the efficiency of the operations of each City Department.
(aa) Have complete authority to exercise those rights and powers which are incidental to
the rights and powers enumerated above.
(bb) Establish criteria for performance pay.
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2. The above rights of the City are not all-inclusive but indicate the type of matters of which
belong to and are inherent in the City.
3. If the City fails to exercise any one or more of the above functions from time to time, this
will not be deemed a waiver of the City's right to exercise any or all of such functions.
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ARTICLE 7 — WORK STOPPAGES
1. There shall be no strikes, lockouts, work stoppages, slowdowns, sick-outs, picketing of
the residence of public officials, mass resignations or other job actions or refusal to perform assigned
work by the employees covered under this Agreement.
2. The parties agree that any employee who participates in or promotes the aforementioned
activities may be discharged or otherwise disciplined by the City. Nothing herein shall restrict the City from
levying different disciplinary actions against different employees based on their involvement in activities
prohibited hereunder.
3. The Union recognizes that the City and the employees covered hereunder are responsible
for and engaged in activities which are the basis of the health and welfare of the City's citizens and that;
therefore, any violation of this Article would give rise to irreparable damage to the City and the public at
large. For the purpose of this Article, it is agreed that the Union shall be responsible and liable for any act
by its agents, representatives, and/or officers, which act constitutes a violation of this Article, unless the
Union has publicly disavowed such action and publicly demanded its cessation.
11
ARTICLE 8 — DISCIPLINE AND DISCHARGE
1. The City Manager, or his designee, may fire, suspend, demote, or otherwise discipline any
bargaining unit employee for any cause that is not arbitrary and capricious.
2. All disciplinary action under this Article shall be in writing. This section shall not restrict
supervisors from issuing oral reprimands or cautions or engaging in verbal counseling and any such oral
reprimand or caution or verbal counseling shall not constitute formal disciplinary action under this Article.
3. All new hires shall serve a probationary period for six months. This probationary period may
be extended at the discretion of the Department Head. Probationary employees may be separated from
employment at any time, with or without cause. Probationary employees may not avail themselves of the
grievance and/or arbitration provisions of this Agreement regarding any matter relating to the evaluation of
their job performance or separation from employment.
4. Nothing herein shall require any specific number of disciplinary actions to terminate an
employee for a first or second disciplinary offense where such offense is considered a termination offense
under City or Departmental rules or where such offense has resulted in termination of any City or
Departmental employee prior to the effective date of this Agreement.
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ARTICLE 9 — GRIEVANCE PROCEDURE
1. Bargaining unit employees will follow all written and verbal orders given by superiors, even
if such orders are alleged to be in conflict with this 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.
2. A "grievance" is a claimed violation of this Agreement, including, but not limited to, the claim
that 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. Grievances are limited to claims which
are dependent for resolution upon interpretation or application of one or more express provisions of this
Agreement.
3. Grievances will be processed in the following manner and strictly in accordance with the
following stated time limits:
STEP ONE: The aggrieved employee shall present his grievance in writing to the Department
Director (or designee) within ten (10) calendar days of the occurrence of the event(s) which gave rise to the
grievance on the prescribed grievance forms, which shall be standard forms used throughout the grievance
procedure. Upon receipt of the grievance, the Department Director (or designee) shall forward a copy of the
grievance to the City's Human Resource Director. The grievance shall be signed by the employee and shall
state: (a) the date of the alleged events which gave rise to the grievance; (b) the specific Article or Articles
and Sections of this Agreement allegedly violated; (c) statement of fact pertaining to or giving rise to the
alleged grievance; and (d) the specific relief requested. The Department Director (or designee), may conduct
a meeting with the grievant, his/her USW representative and/or appropriate Department managers within ten
(10) calendar days after presentation of the grievance. Within ten (10) calendar days of such meeting, the
Department Director shall render his decision on the grievance in writing with copies to the Grievant, the
Human Resource Director and the Union.
STEP TWO: Any grievance which cannot be satisfactorily settled in STEP ONE above shall
then be taken up with the City Manager or designee. The grievance, as specified in writing in STEP ONE
above, shall be filed with the City Manager within ten (10) calendar days after the due date for the
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Department Director's response in STEP ONE above. The City Manager or his designee may conduct a
meeting with the grievant, his/her USW representative and appropriate Department managers. Within ten
(10) calendar days of such meeting the City Manager shall issue his decision in writing on the grievance,
with copies to the Grievant, the Union, and the Department Head.
4. If the Union is not satisfied with the City Manager's decision in STEP TWO above, the Union
may request arbitration by hand delivery or by certified or registered mail of a written notice to the City
Manager within seven (7) calendar days of issuance of the City Manager's decision (or the deadline for
issuance of the City Manager's decision). Said written notice of arbitration shall include a written statement
of the position of the Grievant with respect to the issues upon which arbitration is being sought. Under no
circumstances shall the issues to be arbitrated be expanded from the issues set forth in the original
grievance filed as STEP ONE of the grievance procedure.
5. Within ten (10) calendar days from receipt of such notice of arbitration, the parties shall meet
to select an arbitrator. In the event the parties cannot agree on an arbitrator, the party requesting arbitration
shall, within five (5) calendar days, request a list of nine (9) qualified arbitrators from the Federal Mediation
and Conciliation Services. The party requesting arbitration will strike an initial name from the list of arbitrators,
with the parties thereafter alternately eliminating one at a time from said list of names persons not acceptable,
until only one (1) remains, and this person shall be the arbitrator.
6. As promptly as possible after the arbitrator has been selected, he/she shall conduct a hearing
between the parties and consider the grievance. The decision of the arbitrator will be served upon the
individual employee or employees involved, the City, and the Union in writing. The expenses of arbitration,
including the fee and the expense of the arbitrator, shall be shared equally by the parties. Any party desiring
a transcript of the hearing shall bear the cost of its transcript unless both 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.
7. The arbitrator will confine his/her consideration and determination to the written grievance
presented in STEP ONE of the grievance procedure. The arbitrator shall have no authority to substitute
his/her judgment for that of management in any area identified in this Agreement or by law as management
right, and/or change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or
14
any part thereof or amendment thereto. The arbitrator shall have no authority to consider or rule upon any
matter which is stated in this Agreement not subject to arbitration or which is not a grievance as defined in
this Agreement; nor shall this Collective Bargaining Agreement be construed by arbitrator to supersede
applicable state and federal laws or City ordinances or resolutions, except to the extent as specifically
provided herein.
8. The arbitrator may not issue declaratory opinions and shall confine himself or herself
exclusively to the questions which are presented to him/her, which question must be actual and existing.
The party filing the grievance and requesting arbitration shall, at all times, have the burden of providing clear
and convincing evidence that a specific provision of this Agreement was violated. Either party shall be entitled
to seek review of the arbitrator's decision in the Circuit Court. The parties agree that the standard of review
of the arbitrator's decision shall be whether the arbitrator had clear and convincing evidence to establish that
the City or the Department violated a specific provision of this Agreement.
9. No decision of any arbitrator or of the City in one case shall create a basis for retroactive
adjustment in any other cases. All claims for back wages shall be limited to the amount of wages that remain
budgeted for the position of the particular employee involved, less any unemployment compensation and/or
interim earning that he/she received during the period involved.
10. It is agreed, with respect to the above wages or retroactive adjustment, that no arbitrator
shall have the right to determine that back wages or other retroactive adjustment shall be awarded for a
period in excess of four (4) months prior to the date of the grievance which is being ruled upon.
11. It is agreed, with respect to this grievance and arbitration procedure, that:
(a) It is the intent of the parties that a grievance must be raised at the earliest
possible time. Any grievance, in order to be entertained and processed, must be
submitted in a timely manner by the grievant.
(b) Grievances not submitted by the Grievant in a timely manner shall be
conclusively barred on the merits following expiration of the prescribed time limit.
Such a time-barred grievance may not be entertained or processed, and only facts
disputed as to timing will be the subject of any arbitration resulting from the matter.
A grievance which is, for any reason, not the subject of a timely response by the
15
City or by the Department shall require the Grievant to proceed to the next Step,
and failure of the Grievant to proceed on a timely basis to the next Step shall bar
the grievance. However, in any grievance proceeding, when the City or the
Department fails to give a timely response, the Grievant shall be given an additional
two (2) calendar days to be added to the time limit required for his next filing.
12. Nothing in this article shall be construed to prevent any employee from presenting his own
grievance with whomever he wants to represent him. It is understood that an individual, an attorney, or the
Union may represent a Grievant, but under no circumstances shall more than one person represent the
Grievant at any step of the grievance procedure.. In the event the City is notified that the Grievant is
representing himself/herself or is otherwise not being represented by the Union, the City shall so notify the
Union. The Union may monitor and attend such grievance steps but may not participate otherwise.
13. Where a grievance is general in nature in that it applies to a group of employees rather
than a single employee, or if the grievance is directly between the Union and the Department or the City,
such grievance shall be presented in writing directly to the Department Head within ten (10) calendar days
of the occurrence of the events which gave rise to the grievance. The grievance shall be signed by one or
more aggrieved employee, the Union Steward, or an officer of the state USW. Thereafter, the grievance
shall be processed in accordance with the procedures set forth in STEPS ONE and TWO above; provided,
however, that the grievance must contain the detailed information required in STEP ONE above.
14. A non -dues -paying bargaining unit employee may avail himself/herself of all procedures
under this Article. In so doing, such non -dues -paying bargaining unit employee shall be required to bear the
full cost of preparing and presenting his/her own case and his/her arbitration expenses as set forth in Section
6 above.
15. The appeal procedure of the City of Sanford Civil Service Systems, as set forth in
Chapter I of the City of Sanford Human Resources Manual, shall have no application to the bargaining unit
members.
16
ARTICLE 10 — SAFETY
The City and Union agree that they will comply with all applicable health and safety laws
and policies of the City of Sanford. The City and the Union will cooperate in the continuing objective of
eliminating accidents and health hazards.
17
ARTICLE 11 — INSURANCE
The City shall provide health, life and voluntary insurance programs for all bargaining unit
employees and their dependents in the same manner as all other City employees.
2. USW members shall receive short term disability insurance benefit in the same manner as
othereg neral employees,
18
ARTICLE 12 — WORKER'S COMPENSATION AND LIGHT DUTY
1. Worker's Compensation benefits shall be governed by existing state law and by the
guidelines set forth in the City of Sanford Personal Rules and Regulations.
2. An employee injured on the job or in the course of performing his/her official duties may,
in the City's discretion, be assigned to a temporary "light duty" assignment subject to and in accordance
with applicable City worker's compensation reporting procedures.
3. If an employee suffers from a medical condition or injury which is not covered under
Florida's workers' compensation law, and is unable to perform his/her normal job duties, the City, at its
discretion, may allow said employee to work light duty. The terms and conditions of such a light duty
assignment will be made on a case-by-case basis and shall be at the discretion of the City.
4. Any dispute regarding worker's compensation benefits and/or light duty assignment shall
be governed by the non -disciplinary grievance procedure set forth in the City of Sanford Personnel Rules
and Regulations and not by the grievance procedure set forth in Article 9 of this Agreement.
IN
ARTICLE 13 — BULLETIN BOARDS
1. The Union shall have the use of each bulletin board existing on the date of this Agreement;
such use is not to exceed thirty-six (36) inches by forty-eight (48) inches of the area of each such bulletin
board.
2. The Union may use the designated bulletin board(s) for posting notices of Union meetings,
notices of Union elections and results, minutes of Union meetings, copies of Union's constitutions and by-
laws and amendments thereto, notices of Union recreational, social, and business functions, conventions,
names of Union officials and changes thereto; copies of this Agreement and notices of dues increases.
3. The Union shall post no material which may be characterized as political (other than internal
Union elections), which may encourage insubordinate behavior, which would impair the operations of any
City Department, which is obscene, inflammatory, derogatory, or demeaning of City or Departmental
officials or operations. All materials posted on the Union bulletins boards (or the alternate space provided
on the Department's bulletin boards) will be signed by the Union President, or other Union officer, or
member of the Executive Board. A copy of all materials to be posted shall be provided to the City's Human
Resource Director, or his designee, prior to posting. Material not authorized by this Article may be removed
by the City, and the posting of such unauthorized material may result in disciplinary action where
appropriate.
4. The Union agrees to police the postings of materials on the bulletin boards. If the Union
cannot, or does not, properly police the bulletin boards, the City's Human Resource Director, at his
discretion, may revoke the Union's bulletin board privileges for up to six (6) months per violation.
911
ARTICLE 14 — EDUCATIONAL ASSISTANCE
1. Employees covered hereunder are eligible for participation in the City's educational
assistance/tuition reimbursement program to the same extent that the program is available to other City
employees. All conditions pertaining to the City's educational assistance/tuition reimbursement program,
including eligibility standards for participation, the amounts of reimbursement, and the liability for
repayment, shall be governed by the guidelines set forth in the City of Sanford Personnel Rules and
Regulations.
2. Any disputes regarding educational assistance shall be governed by the non -disciplinary
grievance procedure set forth in the City of Sanford Personnel Rules and Regulations and not by the
grievance procedure set forth in Article 9 of this Agreement.
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ARTICLE 15 — WORKING OUT OF CLASSIFICATION
Working out of class shall be governed in accordance with City of Sanford Rules and
Regulations and Administrative Policy applicable on the effective date of this Agreement.
22
ARTICLE 16 — PERFORMANCE EVALUATIONS
Employees shall receive annual performance evaluations in accordance with applicable
City and Departmental policies.
Any disputes regarding performance evaluations shall be governed by the non -disciplinary
grievance procedure set forth in the City of Sanford Personnel Rules and Regulations and not by the
grievance procedure set forth in Article 9 of this Agreement.
23
ARTICLE 17 — TRANSFERS/PROMOTIONS
All transfers, promotions and/or pay increases shall be conducted in accordance with
applicable City and Departmental policies.
2. Any disputes regarding transfers, promotions and/or pay increases shall be governed by
the non -disciplinary grievance procedure set forth in the City of Sanford Personnel Rules and Regulations
and not by the grievance procedure set forth in Article 9 of this Agreement.
M
ARTICLE 18 — HOLIDAYS
1. Employees covered hereunder shall be provided holidays in accordance with the holiday
provisions of the City of Sanford Personnel Rules and Regulations.
2. The City Commission sets holidays and determines when they will be observed.
3. The days listed below are designated as official City holidays:
New Years Day ....................................... January 1"
Martin Luther King Day............
Memorial Day ...........................
Independence Day ............................
LaborDay .........................................
Thanksgiving Day ............................
Friday following Thanksgiving Day...
Christmas Eve ..................................
Christmas ........................
3rd Monday in January
Last Monday in May
July 4th
1St Monday in September
4th Thursday in November
4th Friday in November
December 24th
December 25th
4. Any disputes regarding approval and use of holiday time shall be governed by the non -
disciplinary grievance procedure set forth in the City of Sanford Personnel Rules and Regulations and not
by the grievance procedure set forth in Article 9 of this Agreement.
5. If, during the term of this Agreement, the City re -writes Section 2.42 of the City of Sanford
Personnel Rules and Regulations allowing increased holiday benefits, the bargaining unit members shall be
immediately entitled to the increased holiday benefits without the need to re -open this Agreement.
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ARTICLE 19 — OVERTIME
The assignment of overtime hours shall be made at the discretion of the Department Head,
or his/her designee.
2. Entitlement and calculation of overtime shall be determined in accordance with the Fair
Labor Standards Act. Under no circumstances shall sick leave, vacation leave, or any other time not
actually worked count as "time worked" or "hours worked" for purposes of calculating entitlement to
overtime.
3. Any disputes regarding overtime shall be governed by the non -disciplinary grievance
procedure set forth in the City of Sanford Personnel Rules and Regulations and not by the grievance
procedure set forth in Article 9 of this Agreement.
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ARTICLE 20 — EMERGENCY COMPENSATION
Employees covered hereunder shall be entitled to receive emergency compensation in
accordance with the City's Emergency Policy.
Any disputes regarding emergency compensation shall be governed by the non -disciplinary
grievance procedure set forth in the City of Sanford Personnel Rules, and Regulations and not by the
grievance procedure set forth in Article 9 of this Agreement.
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ARTICLE 21 — STANDY-BY TIME POLICY
Employees covered hereunder shall be covered by the Stand -By Time Policy set forth in
the City of Sanford Personnel Rules and Regulations.
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ARTICLE 22 — SENIORITY
1. In the event the City determines that there is the need to lay off employees covered
hereunder, the following procedures shall be followed:
(a) The City shall determine the number and classifications of employees to be laid off.
(b) Probationary employees shall be laid off before permanent full-time employees.
(c) The Department shall utilize the current City of Sanford Personnel Policies and
Procedures regarding the order of layoff and eligibility for recall.
2. An employee shall lose his status as an employee and his/her seniority if he/she:
(a) Resigns or quits.
(b) Is discharged or terminated.
(c) Retires.
(d) Has been on layoff for a period of one (1) year.
3. No employee shall be entitled to City Benefits (or accrual of such benefits) while on layoff
status.
4. Any disputes regarding abolishment of positions and/or reductions in force shall be
governed by the non -disciplinary grievance procedure set forth in the City of Sanford Personnel Rules and
Regulations and not by the grievance procedure set forth in Article 9 of this Agreement.
29
ARTICLE 23 — SICK LEAVE
Employees covered hereunder shall be provided Paid Time Off benefits in accordance with
the provisions of the City of Sanford Personnel Rules and Regulations.
2. Any dispute regarding the approval and use of Paid Time Off benefits shall be governed by
the non -disciplinary grievance procedure set forth in the City of Sanford Personnel Rules and Regulations
and not by the grievance procedure set forth in Article 9 of this Agreement.
30
ARTICLE 24 — VACATION
Employees covered hereunder shall ba provided Paid Time Off benefits inaccordance with
provisions ofthe City ofSanford Personnel Rules and Regulations.
31
ARTICLE 25 — BEREAVEMENT
Employees covered hereunder shall be provided bereavement benefits inaccordance with
provisions of the City ofSanford Personnel Rules and Regulations.
32
ARTICLE 26 — JURY DUTY
Employees covered hereunder, who are summoned for jury duty, shall be granted the
necessary time off with pay in accordance with the provisions of the City of Sanford Personnel Rules and
Regulations.
33
ARTICLE 27 — LEAVES OF ABSENCE WITHOUT PAY
1. Employees covered hereunder may be granted leave of absence without pay in
accordance with the provisions of the City of Sanford Personnel Rules and Regulations.
2. Any dispute regarding leaves of absence shall be governed by the non -disciplinary
grievance procedure set forth in the City of Sanford Personnel Rules and Regulations and not by the
grievance procedure set forth in Article 9 of this Agreement.
34
ARTICLE 28 — MILITARY LEAVE
Employees covered hereunder shall, be provided military leave in accordance with the
provisions of the City of Sanford Personnel Rules and Regulations.
2. Any dispute regarding the approval and use of military leave shall be governed by the non -
disciplinary grievance procedure set forth in the City of Sanford Personnel Rules and Regulations and not
by the grievance procedure set forth in Article 9 of this Agreement.
35
ARTICLE 29 — FLEX TIME
1. Employees covered hereunder may be entitled to receive flex time at the discretion of the
Department Head. Flex time may be provided in accordance with the provisions of the City of Sanford
Personnel Rules and Regulations.
2. Any dispute regarding flex time shall be governed by the non -disciplinary grievance
procedure set forth in the City of Sanford Personnel Rules and Regulations and not by the grievance
procedure set forth in Article 9 of this Agreement.
9101
ARTICLE 30 — PUBLICATION OF AGREEMENT
The City will furnish to the Union an original and one (1) copy of this Agreement fully
executed by the appropriate City officials. The Union may make and distribute such additional copies of this
Agreement as it deems appropriate.
37
ARTICLE 31 —WAGES
1. The City's Classification and Pay Plan governs the minimum and maximum salaries for all
job classifications within the bargaining unit.
2. Effective the first payroll period after October 1, 2017, each employee covered hereunder
shall remain in their same classification and pay grade and receive a 3.0% wage increase.
During the FY 18/19 budget process the City will budget and set aside in a separate
account line funds in an amount equal to 3.0% of the total of all USW member wages for distribution to
USW members only.
Effective the first payroll period after October 1, 2018, each employee covered hereunder
shall remain in their same classification and shall be eligible for a wage increase as determined by use of
the same performance evaluation process being utilized by all other general employees.
During the FY 19/20 budget process the City will budget and set aside in a separate
account line funds in an amount equal to 3.0% of the total of all USW member wages for distribution to
USW members only.
Effective the first payroll period after October 1, 2019, each employee covered hereunder
shall remain in their same classification and shall be eligible for a wage increase as determined by use of
the same performance evaluation process being utilized by all other general employees.
3. The wage increase described in Section 2 above shall be the only wage increase of any
kind for Fiscal Year 2018-2019 and Fiscal Year 2019-2020 for employees covered hereunder. Any
additional wage increases shall be limited to whatever wage increase (CPI, market adjustment, etc.), if any,
specifically negotiated by the City and the Union.
4. Should the City Commission approve a lump sum (holiday) bonus for all City employees,
the bargaining unit employees covered hereunder shall be eligible to receive such lump sum (holiday)
bonus on the same terms and conditions as applicable to other City employees.
5. Any employee who is at the top of their pay grade shall receive a lump sum payment for
any wage increase above the maximum allowed for that pay grade in accordance with the City's
Classification and Pay Plan.
6. All wage increases set forth in this Article, as amended, shall automatically expire on
September 30, 2020, and any wage increase after September 30, 2020, shall be negotiated between the
City and the Union.
Ec1;:3
ARTICLE 32 — ALCOHOL AND DRUG TESTING
Employees covered hereunder may be subject to Alcohol and/or Drug Testing in accordance
with the provisionsofthe City ofSanford Personnel Rules and Regulations.
IM,
ARTICLE 33 — SEVERABILITY
If any provision of this Agreement is rendered or declared invalid by any Court action or by
reason of any existing or subsequently enacted legislation, the remaining provisions of this Agreement shall
remain in full force and effect for the term of this Agreement. In the event any provision of this Agreement
is lawfully declared invalid, the parties shall meet within a reasonable period of time to attempt to negotiate
a mutually satisfactory replacement provision. The Union and the City agree to reopen any provision of this
Agreement if there is federal or state legislation enacted that adversely impacts the City's ability to pay
wages or benefits contained in this Agreement.
40
ARTICLE 34 — ENTIRE AGREEMENT/DURATION
1. The parties acknowledge that during negotiations which resulted in this Agreement, each
had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter
not removed by law from the area of collective bargaining, and that the understandings and agreements
arrived at by both parties after the exercise of that right and opportunity are set forth in this Agreement.
2. This Agreement shall become effective upon ratification by the bargaining unit members
and approval by the City Commission and shall expire on September 30, 2020.
3. In all other respects, this Agreement constitutes the complete and final agreement of the
parties on all issues which have been and could have been negotiated.
4. In order to negotiate a new agreement to succeed this Agreement, written notice shall be
given by either party to the other no sooner than May 15, 2020 and no later than July 1, 2020.
5. Any notice to be given by the USWU under this Agreement shall be given by registered or
certified mail to the City Manager, City of Sanford, 300 North Park Avenue, Sanford, Florida 32771. Any
notice to be given under this Agreement by the City to the USWU shall be hand -delivered to any officer of
the USWU or shall be mailed to the USWU, Local 555, 5448 Hoffner Avenue, Suite 204, Orlando, Florida
32812.
41
ARTICLE 35 — UNIFORMS
The City shall continue to provide, without charge to employees, uniforms and appropriate
footwear as determined by the City and within yearly budget limits. Employees shall be required to pay all
applicable taxes in accordance with Internal Revenue Service (IRS) regulations.
42
ARTICLE 36 — COMP TIME
Compensatory time shall be governed by the guidelines set forth in the City of Sanford
Personal Rules and Regulations.
2. Any dispute regarding compensatory time shall be governed by the non -disciplinary
grievance procedure set forth in the City of Sanford Personnel Rules and Regulations and not by the
grievance procedure set forth in Article 9 of this Agreement.
43
CITY OF SANFORD
Norton N. Bonaparte,Jc
City Manager
UNITED SERVICE WORKERS
Sal AUedean.Pnaoident
United Service Works Union
Local 555.|UJAT
44
CITY OF SANFORD
Norton N .11 Bonaparte, Jr.
City Manager
UNITED SERVICE WORKERS
m
Sal Alladeen, President
United Service Works Union
Local 555, IUJAT
44