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1544 USW Union Contract 2012-2014-187 7iN U'l CITY MANAGER'S OFFICE TRANSMITTAL MEMORANDUM To: City Clerk RE: Request for Services The item(s) noted below is /are attached and forwarded to your office for the following action(s): ❑ Ordinance ❑ Resolution ® USW Union Contract ❑ Mayor's signature ❑ Recording ❑ Rendering , , 1 4% j ® Safe keeping /records retentions Once completed, please: ❑ Return original ❑ Return copy Special Instructions: Please advise if you have any questions regarding the above. Thank you! i From: Debbie Simmons City Manager's Office Date: 11/06/2012 AGREEMENT BETWEEN UNITED SERVICE WORKERS UNION USWU, LOCAL 555 (the "Union ") AND CITY OF SANFORD, FLORIDA (the "Employer ") Contract 2012-2014 Effective Date: October 22, 2012 TABLE OF CONTENTS ARTICLEI - PREAMBLE ................................................................................. ............................... 3 ARTICLE 2 - RECOGNITION ........................................................................... ............................... 4 ARTICLE3 - DUES DEDUCTION ................................................................... ............................... 5 ARTICLE 4 - NON - DISCRIMINATION .......................................................... ............................... 6 ARTICLE5 - UNION BUSINESS ..................................................................... ............................... 7 ARTICLE 6 - MANAGEMENT RIGHTS .......................................................... ............................... 8 ARTICLE 7 - WORK STOPPAGES ................................................................ ............................... 11 ARTICLE 8 - DISCIPLINE AND DISCHARGE ............................................... .............................12 ARTICLE 9 - GRIEVANCE PROCEDURE ...................................................... .............................13 ARTICLE10 - SAFETY ................................................................................... ............................... 18 ARTICLE11 - INSURANCE ............................................................................. .............................19 ARTICLE 12 - WORKER'S COMPENSATION AND LIGHT DUTY ............. .............................20 ARTICLE 13 - BULLETIN BOARDS ............................................................. ............................... 21 ARTICLE 14 - EDUCATIONAL ASSISTANCE ............................................ ............................... 22 ARTICLE 15 - WORKING OUT OF CLASSIFICATION .............................. ............................... 23 ARTICLE 16 - PERFORMANCE EVALUATIONS ....................................... ............................... 24 ARTICLE 17 - TRANSFERS/PROMOTIONS ................................................ ............................... 25 ARTICLE18 PAY ADVANCE .......................................................................... .............................26 ARTICLE19 - HOLIDAYS .............................................................................. ............................... 27 ARTICLE20 - OVERTIME ............................................................................. ............................... 28 ARTICLE 21 - EMERGENCY COMPENSATION ......................................... ............................... 29 ARTICLE 22 - STAND BY TIME POLICY ...................................................... .............................30 ARTICLE23 - SENIORITY ............................................................................... .............................31 ARTICLE 24 - SICK LEAVE ............................................................................. .............................32 ARTICLE25 - VACATION ............................................................................. ............................... 33 ARTICLE26 - BEREAVEMENT .................................................................... ............................... 34 ARTICLE27 - JURY DUTY ............................................................................ ............................... 35 ARTICLE 28 - LEAVES OF ABSENCE WITHOUT PAY ............................... .............................36 ARTICLE29 - MILITARY LEAVE .................................................................. .............................37 ARTICLE30 - FLEX TIME ............................................................................. ............................... 38 ARTICLE 31 - PUBLICATION OF AGREEMENT ........................................ ............................... 39 ARTICLE32 - WAGES .................................................................................... ............................... 40 ARTICLE 33 - ALCOHOL AND DRUG TESTING ....................................... ............................... 42 ARTICLE34 - SEVERABILITY ....................................................................... .............................43 ARTICLE 35 - ENTIRE AGREEMENT /DURATION .................................... ............................... 44 ARTICLE36 - UNIFORMS ............................................................................. ............................... 45 ARTICLE38 - COMP TIME .............................................................................. .............................46 ARTICLE I - PREAMBLE 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." 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. ARTICLE 2 - RECOGNITION 1. The City recognizes that the USWU is the sole and exclusive representative of he 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 II; Electrical Technician; Equipment Operator I, 11, III; and IV, Fleet Maintenance Mechanic I and II; 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 1, 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 I, II and III, EXCLUDED: Building Codes Inspector I, II, and III; 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. ., 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 - DISCRIMINA'T'ION 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, 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 an arbitration shall be admissible as evidence against him /her in his his /her lawsuit against the City. 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. 7 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; Change or modify duties, tasks, responsibilities, or job 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; (i) 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 8 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. (ab) Establish criteria for performance pay. D] 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. 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. 10 ARTICLE 7 - WORK STOPPAGES 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. 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 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. 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. 12 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. 13 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 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 14 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 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 is 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. 15 10, Its 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 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 either 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. 16 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 USK 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. 13. 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. 14. 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. 17 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. 18 ARTICLE I1 - 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 other eg neral employees, 19 ARTICLE 12 - WORKER'S COMPENSATION AND LIGHT DUTY t. 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. 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. 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. 20 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. 21 ARTICLE 14 - EDUCATIONAL ASSISTANCE 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. 22 ARTICLE 15 - WORKING OUT OF CLASSIFICATION .Except as in hereafter provided, when an employee is qualified for and is temporarily assigned the authority, duties and responsibilities of a position allocated to a higher classification, the employee shall receive an increase in salary to the minimum of the class temporarily assigned or five (5 %) percent over the employee's regular rate of pay, whichever is greater. The City has the discretion to determine whether or not an employee is assigned to work out of classification. 2. All such payments for temporary assignments shall be based upon a regular and continuous assignment and shall be paid for all time in excess of forty (40) consecutive hours in which the additional duties were assigned. Such payments shall be made only during the time that the employee is actually performing the higher level duties and shall not include time spent by employee on any type of leave or absence from the job. 3. The provisions of this article will not apply when performing the duties of the position allocated to a higher classification for the purpose of training, (Not to exceed 60 calendar days). 23 ARTICLE 16 - PERFORMANCE EVALUATIONS Employees shall receive annual performance evaluations in accordance with applicable City and Departmental policies. 2. 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. 24 ARTICLE 17 - TRANSFERS /PROMOTIONS All transfers, promotions and /or pay increases shall be conducted in accordance with applicable City and Departmental policies. 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. 25 ARTICLE 18 - PAY ADVANCE It is the policy of the City of Sanford not to make advances on employee pay. Any pay advances authorized by the City shall be in accordance with the provisions of the City of Sanford Personnel Rules and Regulations. 2. Any disputes regarding pay advance 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. 26 ARTICLE 19 - 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 ............................3 Monday in January Memorial Day ............... ...........................Last Monday in May Independence Day ........ ...........................July 4th Labor Day ................... ............................1 Monday in September Thanksgiving Day ... .... ............................4 Thursday in November Friday following Thanksgiving Day ............4 Friday in November Christmas Eve .................. .......................December 24 Christmas ......................... ....................... December 25 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. ON ARTICLE 20 — OVERTIME The assignment of overtime hours shall be made at the discretion of the Department Head, or his /her designee. 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. +�:3 ARTICLE 21 - 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, 29 ARTICLE 22 — STAND 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. 2. An employee designated to perform stand -by duties who is called to work under the City's Stand -by Time Policy, shall receive a minimum of two (2) hours of pay, or pay for all hours actually worked upon being called out, whichever is greater, for the first call -out. Time will start when the employee receives notification of the call -out. Employees who are called out shall respond without delay. For each additional call -out within that same day, employee will receive pay for hours actually worked. 30 ARTICLE 23 - 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. 31 ARTICLE 24 - 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. 32 ARTICLE 25 - VACATION Employees covered hereunder shall be provided Paid Time Off benefits in accordance with provisions of the City of Sanford Personnel Rules and Regulations. 33 ARTICLE 26 - BEREAVEMENT Employees covered hereunder shall be provided bereavement benefits in accordance with provisions of the City of Sanford Personnel Rules and Regulations. 34 ARTICLE 27 - 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. 35 ARTICLE 28 - LEAVES OF ABSENCE WITHOUT PAY 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. 36 ARTICLE 29 - MILITARY LEAVE Employees covered hereunder shall, be provided military leave in accordance with the provisions of the City of Sanford Personnel Rules and Regulations. 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, 37 ARTICLE 30 - FLEX TIME 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. 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. 38 ARTICLE 31 - 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. 39 ARTICLE 32 - 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 second payroll period after October 1, 2012, each employee covered hereunder shall remain in their same classification and pay grade and receive a 1.0% wage increase. 3. The wage increase described in Section 2. above shall be the only wage increase of any kind for Fiscal Year 2012 -2013 and Fiscal Year 2013 -2014 for employees covered hereunder. Any additional wage increase after the October 2012 1.0% increase 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 wages set forth in this Article, as amended, shall automatically expire on September 30, 2014, and any wage increase after September 30, 2014, shall be negotiated between the City and the Union. 40 ARTICLE 33 - ALCOHOL AND DRUG TESTING Employees covered hereunder may be subject to Alcohol and /or Drug Testing in accordance with the provisions of the City of Sanford Personnel Rules and Regulations. 41 ARTICLE 34 - 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. 42 ARTICLE 35 - 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, 2014. 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, 2014 and no later than July 1, 2014. Absent such timely notice, this Agreement shall be renewed for an additional year (i.e., until September 30, 2015), LIMITED REOPENER — Each party (The City and the USW) may reopen this Agreement for the limited purpose of negotiating /renegotiation one Article for Fiscal Year 2013 -2014, i.e. one Article per each party. This limited reopener shall not require formal notification by either party: provided„ however that the parties shall commence negotiations no later that May 1, 2013 in order to conclude the bargaining process in a timely manner. 5. Any notice to be given by the USW 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 USW shall be hand - delivered to any officer of the USW or shall be mailed to the USWU, Local 555, 4305 Vineland Road, Ste. G -10 (A), Orlando, Florida 32811. 43 ARTICLE 36 — 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. 44 ARTICLE 38 COMP TIME Compensatory time shall be governed by the guidelines set forth in the City of Sanford Personal Rules and Regulations 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 CITY OF SANFORD BY: Norton N Jr. City Manager UNITED SERVICE WORKERS BY: Charles Schlei r USW State Staff Representative ernard JosepK, Union eward USW Local 555 45