2402 United Service Worker Union, USWU Local 555 FY22-24 AgreementAGREEMENT
BETWEEN
UNITED SERVICE WORKER UNION
USWU, LOCAL 555
(the "Union")
AND
CITY OF SANFORD, FLORIDA
(the "Employer")
Contract
Fiscal Year 2021%22 through 2023/24
FP 41638828.1
TABLE OF CONTENTS
ARTICLE1 - PREAMBLE................................................................................................... l
ARTICLE2 - RECOGNITION.............................................................................................
2
ARTICLE 3 - DUES DEDUCTION......................................................................................3
ARTICLE 4 - NON-DISCRIMINATION............................................................................
4
ARTICLE5 - UNION BUSINESS........................................................................................5
ARTICLE 6 - MANAGEMENT RIGHTS............................................................................
6
ARTICLE7 - WORK STOPPAGES.....................................................................................9
ARTICLE 8 - DISCIPLINE AND DISCHARGE...............................................................10
ARTICLE 9 - GRIEVANCE PROCEDURE......................................................................
I I
ARTICLE10 - SAFETY.....................................................................................................17
ARTICLEI 1 - 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
ARTICLE18 - HOLIDAYS................................................................................................25
ARTICLE19 - OVERTIME................................................................................................26
ARTICLE 20 - EMERGENCY COMPENSATION...........................................................
27
ARTICLE 21 - STAND-BY TIME POLICY......................................................................28
ARTICLE22 - SENIORITY...............................................................................................
29
ARTICLE23 - SICK LEAVE.............................................................................................
30
ARTICLE24 - VACATION...............................................................................................31
ARTICLE25 - BEREAVEMENT.......................................................................................32
ARTICLE26 - 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
FP 41638828.1
ARTICLE 32 - ALCOHOL AND DRUG TESTING .....................................
ARTICLE 33 - SEVERABILITY...................................................................
ARTICLE 34 - ENTIRE AGREEMENT/DURATION.................................
ARTICLE 35 - UNIFORMS.......................................................................I...
ARTICLE36 - COMP TIME.........................................................................
FP 41638828.1
ARTICLE 1 — 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
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. This Agreement shall cover the terms and conditions of City employment for all its
employees covered in Florida Public Employees Relations Commission in Certification No. 1740,
and 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 of Assistant Parts Clerk; Custodial Worker I and II;
Customer Service Technician – Meters; Electrical Technician; Equipment
Operator 1, II and III; Fleet Maintenance Mechanic I and II; Groundskeeper;
Heavy Equipment Operator; Irrigation Mechanic; Lift Station Operator;
Maintenance Worker I, II and III; Operations Support Technician; Pesticide
Technician; Tradesworker; Sewer System Technician; Sign Technician;
Utility Field Technician; Utility Plant Maintenance Mechanic; Utility
Wastewater Plant Operator I, II and III; and Utility Water Plant Operator I,
II and III.
EXCLUDED: Building Inspector; Building Official; Code Compliance Inspector I, II and
III; Community Service Officer; Field Supervisor; Foreman; Grounds
Maintenance Supervisor (abolished position); Inspector/Technician; Lead
Mechanic; Lead Operator; Operations Support Coordinator; Parks
Superintendent; Recreation Supervisor; Senior Utility Inspector; Sewer
Supervisor; Utility Inspector; Water Supervisor; and all other employees of
the City of Sanford.
3. If a PERC Order re -defining the unit takes full legal force and effect during the
term of this Agreement, the parties agree that said PERC Order will supersede this recognition
clause for purposes of defining the appropriate bargaining unit for representation by the USUW.
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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.
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.
0
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, 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.
0) Hire, examine, classify and/or otherwise determine the criteria and
standards of selection for employees.
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(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.
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(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.
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.
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.
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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
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(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 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
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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 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
13
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,
14
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 fiom 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
15
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.
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ARTICLE 10 — SAFETY
1. 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.
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ARTICLE I I — INSURANCE
1. 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 general employees.
�:j
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.
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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.
9C
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.
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ARTICLE 16 — PERFORMANCE EVALUATIONS
1. 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.
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ARTICLE 17 — TRANSFERS/PROMOTIONS
1. 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.
W.I.
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 Year's Day
Martin Luther King Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day...
Friday following Thanksgiving Day
January 1
3rd Monday in January
Last Monday in May
July 4th
1 st Monday in September
4th Thursday in November
4th Friday in November
Christmas Eve December 24th
Christmas 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
1. 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.
MM
ARTICLE 20 — EMERGENCY COMPENSATION
1. Employees covered hereunder shall be entitled to receive emergency compensation
in accordance with the City's Emergency Policy.
2. 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 — STAND-BY TIME POLICY
1. Employees covered hereunder shall be covered by the Stand -By Time Policy set
forth in the City of Sanford Personnel Rules and Regulations.
►:
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.
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ARTICLE 23 — SICK LEAVE
1. 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.
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ARTICLE 24 — VACATION
1. Employees covered hereunder shall be provided Paid Time Off benefits in
accordance with provisions of the City of Sanford Personnel Rules and Regulations.
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ARTICLE 25 — BEREAVEMENT
Employees covered hereunder shall be provided bereavement benefits in
accordance with provisions of the City of Sanford Personnel Rules and Regulations.
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ARTICLE 26 — JURY DUTY
1. 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.
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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.
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ARTICLE 28 — MILITARY LEAVE
1. 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.
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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.
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ARTICLE 30 — PUBLICATION OF AGREEMENT
1. 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.
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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. FY 2021/22 — Effective the first payroll period after October 1, 2021, each
employee covered hereunder shall remain in their same classification and pay grade. Wage
increases for all USW bargaining unit members shall be as shown in Exhibit A.
3. FY 2022/23 — Effective the first payroll period after October 1, 2022, each
employee covered hereunder shall remain in their same classification and pay grade.
The City shall have the unilateral discretion to determine the method for determining wage
increases for general employees of the City for Fiscal Year 2022/23 and shall use the same method
for determining wage increases for USW bargaining unit members. However, the minimum wage
increase for any USW bargaining unit member shall be three percent (3%) except for those hired
after October 1, 2021. USW bargaining unit members hired after October 1, 2021, shall receive a
prorated portion of a three percent (3%) wage increase prorated according to days of service with
the City during FY 2021/22.
4. FY 2023/24 — Effective the first payroll period after October 1, 2023, each
employee covered hereunder shall remain in their same classification and pay grade.
The City shall have the unilateral discretion to determine the method for determining wage
increases for general employees of the City for Fiscal Year 2023/24 and shall use the same method
for determining wage increases for USW bargaining unit members. However, the minimum wage
increase for any USW bargaining unit member shall be three percent (3%) except for those hired
after October 1, 2022. USW bargaining unit members hired after October 1, 2022 shall receive a
prorated portion of a three percent (3%) wage increase prorated according to days of service with
the City during FY 2022/23.
5. The wage increases described in Sections 2, 3 and 4 above shall be the only wage
increase of any kind for Fiscal Years 2021/22, 2022/23 and 2023/24 for USW bargaining unit
members covered hereunder.
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6. 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.
7. 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.
8. All wage increases set forth in this Article, as amended, shall automatically expire
on September 30, 2024, and any wage increase after September 30, 2024, shall be negotiated
between the City and the Union.
Rid
ARTICLE 32 — 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.
MEI
ARTICLE 33 — SEVERABILITY
1. 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.
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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, 2024.
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, 2024 and no later than July 1,
1
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.
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ARTICLE 35 — UNIFORMS
1. 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.
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ARTICLE 36 — COMP TIME
1. 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.
CITY OF SANFORD
Norton N. Bona e, Jr.
City Manager
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UNITED SERVICE WORKERS
m
�-Avg-t
Sal Alladeen, President
United Service Works Union
Local 555, IUJAT