HomeMy WebLinkAboutItem #05 Approval of the 3-Year Collective Bargaining Agreement between the City and PBA
AGENDA ITEM COVER SHEET
Meeting Date: 01120/09
Contact Name:
Contact Number:
James Carnicella
1032
Item # 5
Reviewed BY:~' / ~
Department Director: n _ ~&
City Manager: _ ____
Subj Approval of the 3 year
Benevolent Association A).
between the City and the Police
Background Summary:
This Collective Bargaining Agreement governs the terms and conditions of employment for Police Officers
covered under the PBA Union.
Issue:
This is the first Collective Bargaining Agreement with PBA. The previous Collective Bargaining Agreement
with the Teamsters ended September 30, 2008.
Recommendations
Staff respectfully recommends the Commission adopt the Collective Bargaining Agreement.
Attachments:
Attachments include the entire Collective Bargaining Agreement document and the proposed step plan.
Financial Impact:
The salary increases for Fiscal Year 200812009 will be approximately 4%. The incentive pay and other
increases will come from the Police Department's overall budget.
Type of Item:
o Public Hearing
o Ordinance First Reading
o Ordinance First Reading
o Resolution
~ Commission Approval
o Discussion & Direction
For Clerk's DeDf Use:
o Consent Agenda
o Public Hearing
o Regular Agenda
o Original Document/Contract Attached for Execution by City Clerk
o Original Document/Contract Held by Department for Execution
o N/A
o N/A
o N/A
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
City Of Ocoee and Police Benevolent Association
Collective Bargaining Agreement Summary
1. 3 Year Agreement which expires 9-30-2011 with PBA after Teamsters were de-certified.
2. Discipline based on iust cause.
3. Created a discipline Dispute Resolution Process;
An informal mediation type process in lieu of an Internal Investigation and any mutual
agreement on appropriate level of discipline would not be grievable.
4. Agreed to re-open a Promotional Article if the position of Corporal is ever created by the City.
5. Increased the number ofPTO hours an employee may accrue from 380 to 500 but no annual pay
out of hours.
6. Agreed to allow employees to accrue up to 48 hours of Comp Time in lieu of Overtime payment.
Time not used by December 31 will be paid out at overtime rate.
7. Stand-by/On Call rate increased to $20 per day or $30 per off days and $40 on holidays from
$15, $20, $30.
8. Annual pay increase on April 1, 2009 = Cost of 4% FY 08/09 on October 1,2009 = 5% and
October 1, 2010 = 5%.
9. Detectives clothing allowance increased from $500 to $600 per year.
10. Agreed to change take home vehicle to 15 miles from 25 miles.
11. Agreed to annual physicals done at the Health Center and comprehensive disease management
program, includes $20/month reduction in dependent health care premium copayment to
Specialist Physician if necessary and 16 hours of additional PTO.
12. Incentive pay was increased as follows:
Midnight differential from $1,300 to $1,600 per year
Detective Incentive from $2,500 to $2,800 per year and Undercover from $2,000 to $2,300 per
year
K-9 from 1 hour per day to $2,400 per year
FTO from $20.00/per day to $2.50 per hour
Working up as Sergeant from $15.00 per day to $3.25 per hour
Language incentive from $500 to $550 per year
13. Pension Multiplier increased from 3.0% to 3.5%
14. Starting Salary $38,000 in 08/09 from $36,414
$40,000 in 09/10
$40,500 in 10/11
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
TEAMSTERS, -LOCAL 385
- --- --
FToRIDA POLICE BENEVO(ENT"ASSOCiA liON, INC!
AND
CITY OF OCOEE
Effective Dates: October 1. 200S 200.8 to September 30. ioo3 2Oi1
ARTICLE I:
Section 1.1
Section 1.2
Section 1.3
Section 1.4
ARTICLE 2:
Section 2.1
ARTICLE 3:
Section 3.1
Section 3.2
Section 3.3
Section 3.4
Section 3.5
Section 3.6
Section 3.7
ARTICLE 4:
Section 4.1
Section 4.2
Section 4.3
Section 4.4
Section 4.5
Section 4.6
Section 4.7
Section 4.8
ARTICLE 5:
Section 5.1
Section 5.2
Section 5.3
Section 5.4
Section 5.5
Section 5.6
Section 5.7
Section 5.8
ARTICLE 6:
Section 6.1
Section 6.2
Section 6.3
Section 6.4
Section 6.5
TABLE OF CONTENTS
RECOGNITION AND INTENT
Parties........................................................................................... 1
Recognition................................................................................... 1
Entire Agreement........................................................................... 1
Effect of Laws and Ordinances......................................................2
DECLARATION OF PRINCIPLES
Non-Discrimination........................................................................ 3
UNION SECURITY AND CHECKOFF
Dues.............................................................................................. 4
Amount.......................................................................................... 4
Remittance.................................................................................... 4
Recourse....................................................................................... 4
Minimum Pay................................................................................. 5
Withd rawa I...... . .. ...... . . ....... . . .... ... ...... . . .. .......... .. . . ...... .. .. .... .. . . . . . . .. .... 5
Indemnity....................................................................................... 5
UNION BUSINESS AND SERVICES
Representation and Notice............................................................ 6
Activities..................................................... ............................... ....6
Ti me .............................................................................................. 6
Visitation........................................................................................ 7
Solicitation and Distribution ...........................................................7
Time-Off Without Loss of Pay............................... ......................... 8
Bulletin Boards ..... .......... ........ ...... .............. ............. ......... .............8
Info rmation .................................................................................... 9
MANAGEMENT RIGHTS
Functions of Management ..... ............................... .........................10
Operations and Direction of Work Force....................................... 10
Examples of Management Rights.................................................. 10
Rules and Regulations.................................................................. 12
Grievances and Impact Bargaining ...............................................13
Waiver ..... ........... ......... .......... .......... ........ ............... ........ ............... 13
Emergencies......................... ......................................... ............... 13
Job Duties..................................................................................... 14
GRIEVANCE AND ARBITRATION
Grievance...................................................................................... 15
Grievance Procedure..................................................................... 15
Arbitration...................................................................................... 17
Grievances by Non-Union Member............................................... 18
General.......................................................................................... 19
11
Section 6.6 Time Off/Pay .................................................................................19
Section6~7 Discipline Disoute Resolution Process - -(DDRP) ..........................ed
ARTICLE 7: PROMOTioN ANQ SPECIAL UNIT TRANSFERS
Section 7.1 Promotion and Special Unit........................................................... 22
section 7.2 ,^,p-p-Iication of City PRR .................................................................24
. - - . -.. - -- - -- --
ARTICLE 8:
VOTING......................................................................................... 23
ARTICLE 9:
UNION/MANAGEMENT MEETINGS ......... .......... .......... .......... ..... 24
ARTICLE 10:
INS U RAN C E ................................................................................. 25
ARTICLE 11:
STRI KES ..................... .......... ............................... .......... ............... 26
ARTICLE 12: HOLIDAYS
Section 12.1 Days Observed ........................ ..................... ........ ............ ........ .....27
Section 12.2 Eligibility for Holiday Pay ...............................................................27
Section 12.3 Holiday Pay. .......................... ..................... ........... ........................28
Section 12.4 Pay for Work on Holiday................................................................ 28
Section 12.5 Floating Holiday................ ................................. ....................... ..... 28
ARTICLE 13: PAID TIME OFF
Section 13.1 Eligibility........................................................................................ 29
Section 13.2 Accrual of Leave - PTO .................................................................29
Section 13.3 Charging Leave............................................................................. 30
Section 13.4 ,PRR Leave BankPool................................................................... 30
ARTICLE 14: HOURS OF WORK AND WORK SCHEDULE
Section 14.1 Basic Work Schedule ....................................................................31
Section 14.2 Overtime........................................................................................ 31
Section 14.3 Assignment of Overtime................................................................ 32
Section 14.4 ERR Off-DutY EniolOvmemt............................................................ 32
Section 14.5 Court Time..................................................................................... 33
SectIOn 14.6 'StandbvDutVOn-:Call Status........................ ...... ........................... 33
ARTICLE 15:
LIGHT DUTY... ............. ...................................... .......... .................34
ARTICLE 16: WAGES
Section 16.1 Step Plan .......... ......... .......... ............................... ............. ....... ....... 35
Section 16.2 Step Plan Implementation .............................................................35
Section 16.3 Maximum of Step Plan.................................................................. 36
Section 16.4 Personnel Rules and Regulations................................................. 36
111
ARTICLE 17: UNIFORMS AND EQUIPMENT
Section 17.1 Uniforms........................................................................................ 37
Section 17.2 Initial Issue . .......... ...... ...... ...... .......... .............. ...............................37
Section 17.3 Replacement .............................................. ...................................37
Section 17.4 Maintenance.................................................................................. 37
Section 17.5 Clothing Allowance ........................................................................ 37
ARTICLE 18: PROBATIONARY PERIOD
Section 18.1 Initial Probationa ry Period ............................................................. 39
:Sectfon 18~2 Promotional Probation................................................................... 39
_ _____ _ _ L:;.......;;;.
Section 18.3~ Grievances................................................................................... 39
Section 18.~~ Transfers, New Employees and Waiving Probation ..................... 39
ARTICLE 19: CONTINUOUS EMPLOYMENT (Seniority)
Section 19.1 Definition....................................................................................... 40
Section 19.2 Benefits......................................................................................... 40
Section 19.3 Loss of Continuous Service........................................................... 40
Section 19.4 Paid Time Off Leave - Priority....................................................... 41
Section 19.5 Layoff and Recall........................................................................... 41
ARTICLE 20: SAFETY, HEALTH AND PHYSICAL FITNESS
Section 20.1 Cooperation....................... .............. .............................................. 43
Section 20.2 Unsafe Equipment......................................................................... 43
Section 20.3 Take-Home Vehicle Policy ............................................................43
Section 20.4 Transport....................................................................................... 44
Section 20.5 Portable Radio........................ ....................... ...... .................... ...... 44
Section 20.6 Firearms Training.......................................................................... 44
Section 20.7 Physical Exams.............................................................................45
Section 20.8 Fitness for Dutv .......... .......... .............. ..................................... ...... 45
Section 20.g9 Drug and Alcohol Policy............................................................... 47
Section 20.910 Random Drug Tests...................................................................4 7
Section 20.4G11 Notice of Health Related Problems..........................................4 7
Section 20.B12 Tobacco Free Requirement .....................................................48
ARTICLE 21:
WORKING OUT OF CLASSIFICATION .......................................49
ARTICLE 22: MISCELLANEOUS
Section 22.1 Locker and Shower Facilities......................................................... 50
Section 22.2 I nspection of Lockers..................................................................... 50
Section 22-:3 !Retirement Entitlements................................................................ '56
Section 22.4 Pension - 185 ............ .......................... .................. ....... .......... ....... 51
:Section 22.5 Pension Multiolier.......................................................................... 51
ARTICLE 23:
ED U C A TI 0 N ................................................................................. 52
ARTICLE 24:
DURATION ................ ......... .......... ............ .................... .......... ...... 53
IV
APPENDIX A
APPENDIX B
I
L
STEP PAY PLAN.......................................................................... 55
GRIEVANCE FORM.. .......... ........ ....... ......... ........... ......... ..... .........56
v
ARTICLE I:
RECOGNITION AND INTENT
Section 1.1: Parties.
This Agreement (hereinafter "Agreement," "CBA" or "Contract") is entered into by
and between the City of Ocoee (hereinafter, "Employer") and the Cjty of O~e
!03-nisto-rs ~oc31 Union NO.-3-S5 Florida Police Benevolent Associatiorl."'lnc. (hereinafter,
the-i1PBA: or j~ Union").
Section 1.2: Recoanition.
A. The City hereby recognizes the Union as the exclusive bargaining
representative for all employees in the unit certified by the Public Employees Relations
Commission certification in Case No. RC?Q9i.-0;l116i4
B. The bargaining unit excludes the Chief of Police, Deputy Chiefs, Captains,
Lieutenants, Sergeants, and all other employees unless specifically included in the
bargaining unit certified by PERC, as well as the following positions:
i. All sworn exempt staff assistants, regardless of rank, assigned to
the administration of the Professional Standards Division.
ii. All General employees assigned to the Police Department.
Section 1.3: Entire Aareement.
This Agreement which becomes effective October 1. 2008 1 Q:_2Q.0~q constitutes
the entire Agreement and understanding between the parties and, subject to applicable
law, shall not be modified, altered, changed or amended in any respect except on
mutual agreement set forth in writing and signed by authorized representatives of both
parties, and supersedes any and all previous agreements and understandings between
the parties, either written or orally.
1
Section 1.4: Effect of Laws and Ordinances.
In the event that any of the provisions of this Agreement shall be held in violation
of any federal or state law or city ordinances as applied to this specific Agreement, such
determinations shall not in any way affect the remaining provisions of this Agreement,
unless otherwise provided by law.
2
ARTICLE 2:
DECLARATION OF PRINCIPALS
Section 2.1: Non-Discrimination.
Neither the Union nor the City shall illegally discriminate against any employee
on the basis of race, color, religion, age, gender, legally recognized disability, political
affiliation, national origin, or Union membership or non-membership. The use in this
Agreement of the designation "he" in referring to any employee shall mean "he" or "she"
wherever used.
3
ARTICLE 3:
UNION SECURITY AND CHECKOFF
Section 3.1: Dues.
The Employer will deduct bi-weekly Union dues from the paychecks of those Unit
employees who authorize such deduction in writing in the manner allowed by law.
Deductions will begin the second pay period after the Employer receives such written
authorization. No deduction shall be allowed for payment of initiation fees, assessment
or fines.
Section 3.2: Amount.
The Union will notify the City Director of Human Resources (hereinafter "HRD")
as to the amount of dues. This notice must state the biweekly amount in dollars and
cents for each individual member. The City shall charge the deduction as soon as
practically consistent with its normal bookkeeping procedures, but no less than thirty
(30) days after the change is certified to the HRD, so long as the certification is legally
sufficient.
Section 3.3: Remittance.
With written instructions provided by the Union and a written authorization from
the employee acceptable to the City, the City will direct deposit Union members' dues to
the Union's account. Direct deposits will cease upon written notice, next payroll
following written notice from the employee of same.
Section 3.4: Recourse.
If there is an amount deducted in excess of what is authorized by the employee,
the City will reimburse the employee provided a timely grievance is filed if the excess
4
deduction was made as a result of a mistake by the City; otherwise, the employee shall
have recourse only against the Union.
Section 3.5: Minimum Pay.
No deduction shall be made from the pay of any payroll period in which the
employee's net earnings for that payroll period, after other authorized or legally required
deductions, are less than the amount of dues to be checked off.
Section 3.6: Withdrawal.
Any member can stop payroll deduction by giving written notice to the Public
Employer and the Union. The Employer shall stop the deductions thirty (30) days after
receipt of written notice from the employee.
Section 3.7: Indemnitv.
The Union will indemnify, defend, and hold the City harmless against any and all
claims, demands, or suits or other forms of liability that shall arise out of, or by reason of
action taken or not taken by the City on account of payroll deductions of Union dues.
5
ARTICLE 4:
UNION BUSINESS AND SERVICES
Section 4.1: Representation and Notice.
The Union shall be represented by its designated officials. The Union shall notify
the HRD in writing of the names of its Officials/Stewards, as well as any designated
substitute for the Stewards to serve as the Union representative. The City is not
required to deal with any employee as a representative of the Union except its
designated official's.
Section 4.2: Activities.
A. The Union Official, or his~ designee, shall carry out their activities in
behalf of the Union, including investigating or settling grievances, during their non-
working hours unless they obtain prior permission from the Chief, or his designee, so
long as there is no interference with the work activities of the employee or the mission of
the Department. When the Union Official, or his[Ref designee, is engaging in such
activities while on duty, there shall be no loss of pay. When the Union Official, or his/her
designee, is engaging in such activities when they are off duty, they shall not be entitled
to pay.
B. The Union Official, or his designee, shall be allowed to communicate
official Union business to members in non-work areas during non-working time so long
as it does not interfere with Departmental operation as determined by the Chief.
Section 4.3: Time.
It is expected that the investigation and processing of grievances, by the Union
Official, or hisLIJ~-r designee, to the extent that the time of unit employees is required, will
6
occur during the off-duty time of those involved; however. the aaarieved emolovee(s), if
on dUtv shall be oaid their-normal rate of oav.
Section 4.4: Visitation.
The Chief, or histAef designee, shall permit one authorized non-employee
Bu::gne~ Agent of the Union access to the Police Department to handle grievances
arising under this Agreement. The B.!!sjDQ..~ Agent designed to have access to the
Department shall first obtain the permission from the Chief, or his designee, which will
normally be the ranking officer on duty at the station at the time, before coming into any
working area, and may, at the option of the Chief, or his'l!:'-fll' designee, be accompanied
by a managerial employee in the event the Union agent needs to visit a particular area
of a station. The ~~in~~ Agent will not in any way interfere with the work of
employees or the operations of the Department. If, during a visit, the liumo?s Agent
wishes to have a private conversation with an employee, the Chief, or his,21er designee,
will allow the same consistent with histRef determination of operational needs and will
designate the place the conversation with occur. Dur.illg~y _s'y'ctL vis1!,=.Jhe-::fu!sjQQg>
,~giDillli!1I not Lntgrfe~:w!!!i the ~'9rk..QLth...9 OP9.@tio~Qf,iliQ. Dopart1!ionL
Section 4.5: Solicitation and Distribution.
Except as modified by this Agreement, the Union, its members, agents,
representatives and all persons acting on its behalf, including the Employer's
employees covered by this Agreement, are strictly prohibited by law and this Agreement
from soliciting any of the Employer's employees, for Union purposes, during the work
time of any employee involved, and from distributing Union literature in any work area at
any time. It is understood and agreed that any employee who violates either of these
7
prohibitions is subject to discipline. ("Work time" is any time, exclusive of breaks or
mealtime during the hours of a shift.)
Section 4.6: Time-Off Without Loss of Pay,
With respect to disciplinary proceedings under the City Personnel Rules and
Regulations (hereinafter "PRR") or this Aaree-ment, bargaining unit employees who
participate in such proceeding, including an employee representative of the employee, if
any, shall be treated the same as all other City employees with respect to time off and
pay. With respect to contract negotiations between the Union and the City, the th-ree (3)
Union 'Reoresentatives prqsideiit shall not lose any pay for the work hours spent
participating in such contract negotiations.
Section 4.7: Bulletin Boards.
The Employer agrees to set aside space for a bulletin board (not to exceed 30"
by 24") to be provided by the Union for its use in informing its membership as to official
Union business. It is however, agreed and understood that materials to be posted and
emails regarding official Union business, if such materials are derogatory, abrasive,
abusive, or critical about any person, or City policy, practice, employees or officials are
intemperate in language and/or are not related to legitimate Union business, or which
are factually inaccurate, will be removed. The bulletin board may not be used for any
political purpose or to support or oppose any political candidate or issue; provided
however, it may be used for internal elections held by the Union among its membership.
At the Chiefs discretion the Union may use the City E-Mail system to communicate with
the Members, only after the Chief has reviewed and approved the same in advance.
8
Section 4.8: Information.
A. The City shall provide the Union a copy of the names, steps and grades of
bargaining unit members, upon written request by the Union, but not more often than
twice a year.
B. The City shall furnish the Union office a copy of all current or subsequently
amended written SOPs, GOs, City PRR and other rules, regulations and policies
applicable to bargaining unit employees.
C. The -Citv shall orovide the Union with antTCioated - adlustments.
amendm-ents -to. amendmenfs- of. and -orooosed- new reau.la1Tons concernina anv and all
mattersStiDuTated-in -subsection 13 above~ in order that the-Union .mav-rnve comment
'and/or recommendatio-ns on the -subiect within fourteen- (14) calendar-davs from 1ii8
date received. Anv imoact oii-waae. hours or-terms and co.ndlfiOii's -o(emolovment shall
be the subiect ofbaraainina -orior to imolementatlon.
'D. The Citv shall make available to all members of the baraainina unit all City
PRRs. 8'Os-. SOPs-and any -and ail oth-e-r rules aoolicable to-the unit members.
9
ARTICLE 5:
MANAGEMENT RIGHTS
Section 5.1: Functions of Management.
It is the function of management to determine and direct the policies, mode and
method of providing its services without any interference in the management and
conduct of the City's operations on the part of the Union or any of its representatives.
Section 5.2: Operations and Direction of Work Force.
The City shall continue to exercise the exclusive right to take any action it deems
. necessary or appropriate in the management of its operations and the direction of its
work force. The City expressly reserves all rights, powers and authority customarily
exercised by management, and functions which the City has not expressly modified or
delegated by express provisions of this Agreement.
Section 5.3: Examples of Management Rights.
The Union and the employees covered under this Agreement recognize and
agree that the City has the sole and exclusive right except as specifically provided for in
this Agreement, 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:
1. Exercise complete and unhampered control to manage, direct and totally
supervise all employees of the City.
2. Take whatever action may be necessary to carry out the mission and
responsibility of the City in unusual and/or emergency situations.
3. Schedule and assign work, including overtime, to employees and
determine the size and composition of the work force.
10
4. Determine the services to be provided to the public, and the maintenance
procedure, materials, facilities, and equipment to be used, and to introduce new or
improved services, maintenance procedures, materials, facilities, and equipment.
5. Hire and/or otherwise determine the criteria and standards of selection for
employment.
6. Promote and/or otherwise establish the criteria and/or procedure for
promotions, and to determine the number, grade, and types of positions, in any pay plan
which is or may be developed by the City.
7. Fire, demote, suspend or otherwise discipline for iust cause.
8. Set procedures and standards to evaluate City employee's job
performance and to evaluate them.
9. Layoff and/or relieve employees from duty due to budgetary constraints, or
other operational reason.
10. 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.
11. Formulate, amend, revise and implement policy, rules and regulations,
and require employees to observe and obey the City's policies, rules and regulations.
12. Control the use of equipment and property of the City.
13. To determine whether all of any part of the operations covered by this
Agreement shall commence, cease, continue, reduce or increase operations.
14. To determine the starting and quitting time and the number of hours to be
worked.
11
15. To increase or decrease the number of jobs or employees.
16. To change materials, processes, products, service, equipment,
production, and methods of operation.
17. To assign work and equipment.
18. To assign or reassign shifts, create or abolish shifts, and rotate shifts, and
will advise Union of changes within thirty (30) days to allow negotiations of said
changes.
19. To determine and change standards of fitness of employees to perform
work.
20. To contract and/or subcontract any existing or future work when good
business judgment makes such action advisable.
21. To transfer employees from job to job, either on a permanent or temporary
basis.
22. To determine job content.
23. To establish the standards of conduct and work of employees.
24. To determine the qualifications of employees; and to have complete
authority to exercise those rights and powers incidental thereto, including the right to
alter or vary past practices as the City may determine to be necessary for the orderly
and efficient operations of the City; provided, such changes do not alter the specific
provisions of this Agreement.
Section 5.4: Rules and Regulations.
To the extent that the same are not in conflict with this Agreement, Ordinances of
the City of Ocoee, rules and regulations of the City and the Division, and Personnel
12
Rules and Regulations (PRR), General Orders and SOPs of the Ocoee Police
Department may be implemented by the City of Ocoee, Florida.
Section 5.5: Grievances and Impact Baraainina.
A. The exercise of such rights shall not preclude employees or their
representatives from raising grievances, should decisions on the above matters are
alleged to violate the terms and conditions of the Agreement.
B. However, unless this CBA provides otherwise, the Union retains its right to
negotiate over the impact of such actions to the extent that such actions impact wages,
hours, or terms and conditions of employment, and the law requires the City to engage
in impact bargaining.
Section 5.6: Waiver.
The City's failure to exercise any function or right hereby reserved to it, or its
exercising any function or right in a particular way, shall not be deemed a waiver of this
right to exercise such function or right, nor preclude the City from exercising the same in
some other way not in conflict with the express provisions of this Agreement.,.
Section 5.7: Emeraencies.
If, in the sole discretion of the City Manager, it is determined that a civil
emergency condition exists, including but not limited to riots, civil disorders, hurricane
conditions or other catastrophes, the provisions of this Agreement may be suspended
by the City Manager during the time of the declared emergency, except for monetary
provisions.
13
Section 5.8: Job Duties.
It is understood by the parties that every incidental duty connected with
operations enumerated in job descriptions is not always specifically described and
employees, at the discretion of management, may be required to perform other duties
not specifically contained in their job description. Employees shall perform work as
assigned by the Chief or hisLt'ler designee.
14
ARTICLE 6:
GRIEVANCE AND ARBITRATION
Section 6.1: Grievance.
A grievance is defined as a difference between the City and any employee or the
Union involving an alleged violation or misapplication of a specific provision of this
Agreement. When an Article or Section in this contract references or incorporates the
City Personnel Rules and Regulations (PRR) a claimed violation, misapplication or
misinterpretation of the PRR shall not be subject to this Article: bJ~y~gr1evod
..--:- - -- ---- - ---
under Section 16/17 of the PRR.
Section 6.2: Grievance Procedure.
Whenever a grievance as specified in Section 6.1 arises between the City and
the employees or the Union, the matter will be handled in accordance with the following
procedure.
Step 1: Within five (5) working days after the act or occurrence which
gives rise to the grievance, or the employee knew or should have known
of such act or occurrence, whichever first occurs, the employee shall meet
to discuss the grievance with the employee's immediate supervisor in an
attempt to resolve same.
Step 2: If the grievance is not settled in Step 1 above, the grievance must
be reduced to writing and signed by the employee and presented to the
Chief, or his~r designee, within ten (10) calendar days of the act or
occurrence which gives rise to the grievance, or when the employee knew
or should have known of such act or occurrence, whichever first occurs,
15
regardless of whether the meeting in Step 1 was held. The written
grievance must include:
a. A statement of grievance and a summary of the facts on
which the grievance is based.
b. The remedy requested.
A coovof the arievance form is herebv adoDted and olaced in the aooEmdices'
Within five (5) working days of presentation of the written, signed grievance, the
Chief, or his/h~ designee, and the Union Reoresentative ~~~"3ra, or 3'lQ his7her
designee, shall meet to and/or discuss the grievance. The Chief, or his/her designee,
will respond in writing within five (5) working days of the meeting ~o.QLQr djs~~iOii.
Step 3: If the grievance is not settled in Step 2 above, within five (5)
calendar days of receipt of the Chiefs response in Step 2, the Union shall
notify the City in writing of its appeal of the grievance to Step 3. Within ten
(10) calendar days of delivery of the written notice of appeal to Step 3, the
City Manager, or hisih~[ designee, shall meet to ~(lc;!/or discuss the
grievance with the Union ~u~s~ Agent :;!D~/O! t!lll11.nlQrl'presidill]t. The
City Manager shall respond in writing within ten (10) calendar days after
the meeting or~dis9!~Q.n. The City Manager mav GaB extend the time
limits for the meeting and decision in this Step. if aareed tobv the Union.
but must do so in writing.
Failure of the parties to meet to discuss the grievance within the time provided in
Steps 1, 2, and 3 of the grievance procedure or failure of the City to respond at any step
shall be deemed a denial of the grievance and require the Union to proceed to the next
16
step within the time limits just as if the City had denied the grievance in writing on the
last day an answer was due. Failure of the City to respond or to explain its response at
any step shall not in any way restrict the City's rights to raise any issue or present any
evidence it deems appropriate in support of its position in any subsequent arbitration or
other administrative or judicial proceeding. The employee grievant shall be entitled to
be present at any meeting held under Step 2 or Step 3.
Section 6.3: Arbitration.
All grievances for disciplinary matters involving forty (40) or more hours of unpaid
suspension or termination may be appealed through the additional following steps. If
the grievance is not resolved through above steps, the grievance may be submitted to
binding arbitration by the Union. Arbitration proceedings must be initiated by serving of
a written request for arbitration by the Union within twenty (20) ~ <1Q.) calendar days
after the City Manager's response. Submission to the arbitrator shall be based
exclusively on the written grievance as submitted in Steps 1, 2 and 3 of the grievance
procedure and shall include a copy of this Agreement.
The arbitrator selected shall decide the dispute and such decision shall be final
and binding on the parties and the employees. The expenses of the arbitrator shall be
borne equally by the parties; and, each party shall be responsible for its own attorneys'
fees, any court reporting services it wishes to use, and the wages of employees,
whether they be witnesses, potential witnesses, representatives, or grievant, it utilizes in
any arbitration proceeding.
The jurisdiction of the arbitrator is limited and confined to determining whether
there has been a violation of the express terms of this Agreement. The arbitrator shall
17
in no way alter, amend, or modify the terms of this Agreement. The arbitrator shall not
award any monetary relief to any employee who has not filed and processed a
grievance signed by the employee and filed and processed in a timely manner.
The time limits set forth are to be considered of the essence of the grievance and
arbitration procedure and failure of the employee or the Union to meet any time limit set
forth therein shall be irrebuttable and conclusively deemed to constitute waiver of the
grievance and acceptance of the City's position. The time limits may be extended in
writing by mutual consent of the parties.
A. Within twenty (20) t~n (to) calendar days from receipt of the notice of the
intent to invoke arbitration, the Union shall re-auest oJllillo a list of seven (7) arbitrators
from the Federal Mediation and Conciliation Service, all of whom must reside in the
State of Florida. The Union shall supply the City with a copy of the list of arbitrators. The
Union and the City will alternately eliminate one at a time from said list of names of
persons until only one remains, and that person will be the arbitrator. The City and the
Union will alternate in the right to first strike names in successive arbitrations.
B. As promptly as possible after the arbitrator has been selected, he should
conduct a hearing between the parties and consider the grievance. The decision of the
arbitrator will be served upon the employee or employees aggrieved, the City and the
Union in writing. It shall be the obligation of the arbitrator to make his best effort to rule
within twenty-one (21) business days after the hearing.
Section 6.4: Grievances bv Non-Union Member.
When the Union refuses to process a grievance for an employee because of the
employee's non-membership in the Union, the employee shall have the right to process
18
19
responsible to pay any employee representative, officer or agent of the Union for any
time spent processing grievance matters, but will allow one such person plus the
grievant per grievance reasonable time off without pay for said activities upon
reasonable prior notice if in management's opinion work requirements will allow such
absence.
In the event of a sustained disciplinary action involving a suspension [without
pay], the employee may utilize available personal leave in lieu of a non-working unpaid
suspension.
SectiOn-G.7:ofSCipline Disoute- Resoi'Ut'ionProcess - lDDRP).
ii1 cases mvolvina aileaed ooiTcv. V1olationsln ~adm-iii1strallve investiaatTO'ri:'
wliTch mav leadto dISci pii ne. an emOiOVee -mavreauesta discTDTInedlSoute-resolution
1- - - --- - ------ - -- - --- - --- -- - ---
meetina (DORM) at anv time orior to final acceotance of discioline or a final decision bv
file Chief or odor fo fiffiia a formal anevance:-The meefula-sh-all be held. with the
r --- ---- - ---- - ---- -- . --- - - -
emolovee's Lieutenant. Human Resources Director and include the emolovee.
emolovees - reore.sentative and/or counserand-tiie"""S"UDervlSor and/orlnvestiaatOli
aSSlaned t01iie case.
------- --- --- - ----.. ------ --~
"he ouroose of the meetina will be to discuss ootential discioline and/or
- ---- - -- --- ----- -- -------,
administrative charaes to determine if a consensus resolution can be reached on the
r- --- - - -..-- - -
aoorooriate charae(s) and discioline. if anv.
If the oartles reacf1-aconsensus:-that consensusshall-be reduced towritmabV
ffie-Ci'eutenantand IrrlPlemented~ "Tfie TiiVestlaation -andanevance mocess shallbe
ccinsld-eredas comPieie.- ShOuld tiie oarties ii"otaaree on a rE3"SOiUtlOn. the matterwill
20
oroaress aslf no -meetina had been held~othrna-discussed at the meetina shaii'"'5'e
- - - - - -. -- - -- ~
held aaainst the employee if a resolution is not implemented,
___-- ----- -_.---- - --I
"he PBA shall be notified of any final resolution in all such cases handled by the
!55RpTth-e PBA IS not reDresente<rar cinysuch-DoRM: then tl;e decislOn"Wln not be
o recede nt setlin-a ,
21
ARTICLE 7:
PROM-orION AND SPECIAL UNIT TRANSFERS
Section 7.1: promotiOiland Special Unit.
Promotions ana Special Unit assignments shall be handled as provided in SOP~
-- -~... -- --- --- --~
or General Orders ~ ~md SOP 1!.. 16 resP.!actL\.:Q!~. Should the City decide to create the
position of Corporal, the parties shall re-open this article.
SCCtion7 .FAppTfcation -OfC1i\, PRR!
~1!Y.xersonnoc...~ -arid ROgYJ3!~ ~~Qii 6.sh-all- not 3P-l2!L(pWRLfu!:
llil!o~)J~Lpromoflons covered by ~n 7.1 3bo\'0~ t\_prorrlote-d_olDPJ"'D"Y80 Sii'3ifservoa
~xmorith_P-IQb~tiQfu!YJ>erioa 3n.d-lbDBR:~'i""cillQD 6~63H Sh311 ~QRIy~ill!!Dhg
illf9ctod ompJgyoobo retur@d to-theposition of polico officor,~lJ.o "Sh3i1 retuiTi tQ]fig
,.. - - -- - - - -- -- - - .
~y~~nd soniority~t!Js hold aJ1b.oJi!)1...Q..QfJ.bQ..promotion.'
22
ARTICLE 8:
VOTING
Employees, who are on duty on an election day, will be allowed to take time off
without loss of pay to vote on City Property or at other polling places within the City.
The time they take off to vote will be determined by the Chief. All other employees shall
vote on their own time - by absentee ballot or as otherwise permitted by law; provided,
if an employee who is not scheduled to work on an election day whose voting precinct is
not in the City of Ocoee is called into work so that he~ii~ cannot vote on his~he~ own
time, the Chief shall make operational arrangements for the employee to vote without
loss of pay.
23
_ J
ARTICLE 9:
UNION/MANAGEMENT MEETINGS
The City and the Union shall meet and confer on matters of mutual interest upon
the request of either but not more often than once a quarter, unless both parties agree
to meet more often. Such special meetings shall be held on a date and at a time and
place mutually agreeable to the parties. Meetings held under this Section shall not be
considered collective bargaining under the Public Employees Relations Act. Issues
related to grievances shall not be discussed. The Human Resources Director shall be
- -----.-- ---
responsible to coordinate these meetings with the Union Reoresentative Stoward.
24
ARTICLE 10:
INSURANCE
During the life of this Agreement, the City shall provide the same health, medical,
and dental insurance under the same terms and conditions for bargaining unit
employees and their dependants that it provides for the City's other -baraainina units.
non-bargaining unit, non-exempt employees and their dependents.
25
ARTICLE 11:
STRIKES
The Union and bargaining unit members shall not promote, sponsor, engage in,
or condone any work stoppage, boycott, slow-down, strike, disruption of City operations,
or other withholding of limitation of services for any reasons and shall abide with F.S.
~447.505.
26
ARTICLE 12:
HOLIDAYS
Section 12.1: Days Observed.
A. For bargaining unit employees not on a 24/7 shift and especially who work
a Monday thru Friday schedule, when a holiday falls on Saturday or Sunday, the Friday
preceding or Monday following shall be designated a substitute holiday and observed as
the official holiday.
B. The observed holidays are:
January 1
January - Third Monday
May - Last Monday
July4
September - First Monday
November - Fourth Thursday
November - Fourth Friday
December 24
December 25
Section 12.2: Eliaibility for Holiday Pay.
New Year's Day
Martin Luther King, Jr. Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
A. All holiday earned must be taken as time off or paid on the same day that
it is earned.
B. An employee must be on an approved leave for or work the normal
schedule of hours, on the regularly scheduled working day immediately prior to and
immediately following a holiday, in order to qualify for the holiday time or pay.
Absences not approved in advance, including sick call in" may not be approved
depending on whether the employee" excuse and verification of the reason for the
absence are acceptable to management, which, may at its option, require a doctor's
excuse as well as any other evidence it deems necessary.
27
~
C. When an employee works on a scheduled holiday, the employee shall
receive holiday pay, if he~ meets the eligibility requirements, plus time and one half
(1~) his:'her straight time rate.
D. When an employee is scheduled to work on a holiday but fails to do so,
the employee will not receive holiday pay even if the employee is otherwise eligible for
holiday pay.
Section12.3: Holiday Pay.
Full time employees shall receive pay for the number of hours regularly
scheduled at their straight time hourly rate. 89ur~_p~.ball e.!1.h~r be elgEtjID.Qr lQ,n
(1Q).:
Section12.4: Pay for Work on Holiday.
When an employee works on a scheduled holiday they shall be paid their regular
rate of pay and in addition receive one and one-half time their regular rate of pay for all
hours worked during the holiday (2 1/2).
Section12.5: FloatinQ Holiday.
On October 1 of each year of this Agreement all bargaining unit employees shall
receive two (2) additional shifts :Qllh~r si~t~jt6) Qr}.'&i1fi (iQt ho-~r_s added to their
paid time off accrual. These additional hours are to be scheduled and used as all other
paid time off hours.
28
ARTICLE 13:
PAID TIME OFF
Section 13.1: Eligibility.
A. Only full-time employees and full-time probationary employees will be
allowed to accrue paid time off (PTO) leave.
B. Full-time probationary employees shall accrue paid time off leave during
their initial probationary period, but accrued leave is not earned until successful
completion of their probationary period. During the initial six (6) months of employment,
they may not take accrued paid time off leave unless authorized by the City Manager.
Accrued paid time off leave not taken by a full-time probationary employee is not earned
and shall not be paid upon termination of employment.
Section13.2: Accrual of Leave - PTO.
Effective .October 1. 2008 the second- RaY..lli!rio9.1lfter r3tifjcagon of tho Cone~
Barg3inin-g /\grooment by.Jhfi.bajg3in-lng uD.~I19Jb.eQY C.Q1JngTI:
A. Full-time emplovees earn Paid Time Off (PTO) leave as follows:
One through five years of service - 176.28 hours
Six through fiftqQn ten years of service - 216.06 hours
~iiste~n Eleven years + 256.10 hours
B. A full-time employee can accrue up to 500 380 hours of paid time off. If an
employee accrues more than 500 ~~O hours of PTO leave, any hours over 500 380 will
be automatically deducted from the employee's leave bank on September 30 each year.
HOWever. should an emDlovee reauest time off and be darned the reauest. no time sh-all
be-dedUcted fromthe emDlovee.
29
~
Section 13.3: Charging Leave.
PTO leave time for employees will be charged at hour for hour of the time taken
off from the employee's shift.
Section 13.4: PRR Leave Bank Pool.
rho 2fupr ryff!s aD.g cciD~n_s witO r:Q..spo"g,t'jQ- p~id tirn~ _off.lea~ ~ro:.as_ ~JQ.rfb
in 169 P~R.
The Cltv shali establish a Leave-Sank PooTWhich the emoiovees may -access.
30
ARTICLE 14:
HOURS OF WORK AND WORK SCHEDULE
Section 14.1: Basic Work Schedule.
A. The basic work schedule shall be the established work schedule- as of
Seotember 1 ~ 20'08 ojg.ht (SLor. t~O=(1QTll(~.uuhi~. The day shift shall be set by the City
- - - ,
and not to start before 5:30am or QDd ;1ftEK.22Qp.!lJ.
B. Paid lunch and break periods are scheduled at the discretion of the Chief,
or the Chiefs designee.
Section 14.2: Overtime.
A. Non-exempt employees are to report all hours worked. Non-exempt
employees should not begin work before the beginning of their schedule or after the end
of their schedule without permission; however, if they do perform work before or beyond
their schedule, they are to report it as hours worked on their time sheet or record.
Overtime will be authorized or directed ~ only vjF[e-n lI.ii~i.6J.boJo!~tQf the City and
admin1Sterea- accordina to the o-rovislOOs Of this Aareement is the most p~cabTo 3nd
9conomic~J way Q(mQoting \,..,orkiG:3'dsor doadllnes.
B. All employees shall be paid time and one-half their regular hourly rate of
pay for all hours in excess of forty (40) in a work week. unit members shall have the
! - - - - - - - - - - -. - .- - - - - - -
ootion to select oav or defer the oavment bv selectina comoensatorv time for overtime
.----- - - -
worked. The comoensatorv time earned mav not exceed 4S hours. Anv comoensatorv
time notused bv December 31 s.t of each vear shall be- oaid out!
C. For the purposes of overtime computation, jury duty, annual military leave
and other absences from duty ( Le.), whether paid or not, shall not be considered as
31
time worked; provided, however, paid holidays and paid personal leave used for a
scheduled vacation shall be considered.
D. Employees shall be required to work overtime when assigned unless
excused by supervision. An employee desiring to be excused from overtime work
assignments shall submit a request to the immediate supervisor who shall determine
whether the excuse is acceptable.
Section 14.3: Assianment of Overtime.
Overtime shall be scheduled in accordance with departmental rules, regulations
and directives, ~i9\~g_ Qi1y....QrQLn;!llcg?_.;md-reooiU~ and administered in
accordance with the provisions of this Agreement. When overtime is authorized. fFi'e
- - - - - - --- -- - - - - --- -- --,
most senior aualified emolovee shall be offered the overtime first and in descendina
- - --- -- --- ----- -- - ,
order the next most senior aualified emolovee. Should no emolovee volunteer to worK
the overtinie':The ieast sEm"'iOr a-ualified errmlovee shall beasskined'tO work:
Section 14.4: AAR Off-DutyEmDTOvment.
Other RQ.!ic~.n&:9.~.faelines- \~~~t 10 hou-rs~ork and ovortime are 9~
- - - --I
set forth in the PRR.
--
~eillJ!lE! QQg~[tment is -req~~tod_~provide 'Off duty_ police serv~,....!!Jg
r- - - - -- ------ -- --- - --- ---
mnJ2l.QyQQ....bas..!lliL.rlg..b.U2...lill.u~ to 'Nork off duty_ details. T_h.QJ2QP3rtment..::::1!J decide
W.2..Ml9_u1d be requested .!2...R[Qvjde such- serv.l.c~
~~err1Dlovee mav voluntarilv acceot -ana beemoiOved 10 work off-duty on any
I --- - -- - -- ----- - -- - - -----
occuoation that has been aooroved bv the City. The Police Deoartment will oost off-
dLitV emoTOVmeiit'oDDortUmties -received "'frOm third oartles on the 'Official bulletin
board(s). EmPlovees must'SiCinuo for the off-duty iob o-nivlf-he-can woi1<'lFie off-duty
32
sc"'fi"edUle~No emo\ovee- mavSlaiilOi- more than-two (2) off:autv iobs oer week. Jobs
r ---- - - - - - -- - -- - - - --
will be awarded to the emolovees based on a first come basis.
Section 14.5: Court Time.
The payment for court time as required by the City's SOP will be consistent with
the current practices as of October !1 W, 200a~.
- . - -- - - - - - - - - - ----,
Section 14.6: Standby Duty On-Call Status
A. Starid5V- dutv- on-caii time- is- defi'necrasoeriods- of time-Tn "Which the
\3m""PiOvee-isordered or reauire-d bv- the Police DeoartmenTIo be reaaTIvacce-sSlbi'e bv
teleP"hOi1e. oacm;a<fevice orothe-r electronic device and not oerforminaactual wO'i1<':-bLrt
mreadmess to oerform actual wOii<when -the-need arlse-s1
-~ - ----- - ----- - ---- ---- -,
B. Such standby on-call time shall be comoensated at the rate of $20.00 oer
(faY:- when thee m DiOvee li'as been sclieduied 10- wo.rkWi'fiiTii1he i4'hours an d"ISn ow -off
v..iorl<.-"'fii'e-rate offiOo-er day siian1>e'Oaid.whej,-ffie emDlovee is schedUied Offfor the
davandthe rateof $40 oe-r daVlor anv -recoCi'iiTzed holidavin- WhlChtheemoloveeTs
scheduledOff buf Diaced on standbY:
33
ARTICLE 15:
LIGHT DUTY
Light duty shall be performed within the Ocoee Police Department if the Chief
determines it is available. Light duty availability for personal illness or injury, shall be
determined on a case-by-case basis, normally employees will be required to use paid
time oft leave. If the Chief determines it is not available, light duty shall be performed
wherever assigned by the City, especially for work related injuries. The Chief will
determine the length of the light duty availability.
34
ARTICLE 16:
WAGES
Section16.1: Step Plan.
The Step Pay Plan for the period beginning October 14-G, 200a~ through
September 30, 20~11 is set forth in Appendix "A" f~k and file,",Q!IiR1Qyo~. The step
plan consists of 10 steps and begins at ~~,QQQ$38.oob. This step pay plan and future
COLA's shall cease September 30, 202.&'1"1' unless the parties agree on a successor
agreement.
~CITV retains tiie right toCilVe exoerien-ced o'"'ollceOfficers -a siciii'lm-bQffiiS
deoendfna uoorilii'evears oflaw eiiforcement exoenence they have obtained.
Section 16.2: Step Plan Implementation.
1. Each employee shall be placed on the step plan in Appendix "A" beginning
~oril 1.-2009and In- accorc:rcmce .wifh tile schedule neaotTated to reflect acfiustmeii'fs.
_ __ _ _ _ _ _ _~ -- - - - --- - - - - - - - 1
However. any emolovee who received an adiustment on October 1. 2008 shall not be
- - __ - - . __ __ __ - - =-- {"'. - - - - - - - - - - I
'entitled to an increase until October 1. 2009. October 1 0,_~5~greed up-oQ...Qy~
i29~ .^.ii"8mQloY.QQ~i!i3b~i @rQ;l~Y..f!:QDJ .1ho-iL~L@fratQJd!ltil iFielirst
~uenod WherOlFiO - no\~ -ratos ,;iri)ocluded fQ[ m6~ Each enil2!9yoQ:iD~...!lli>V9d
QD.Q..J>!Qp Tn-thor[g~~ppojIdix "P," -aftor-OSfobos. 1 ~_J.hroJJg.!:L~embor-3o"'~
~,JJQQll]l~o,.~3IuatlOn cbtogn,9.:io1iiUhQ...ov3TUatlon scoro ~~por3tional. .filly
,- - - - --- - '"' - - - - - - - - - -
rotroactivo ~JlJ ~1I12Q...~id from OctotIQL1Q,~O~
2 Effective OCtober 1'- ioo9"'e'aCf1 errlOlovee sh'"'allbe movedto the next steo
bftheoavolan lri'"'i'fi'e nexf corresDondina Year. QIlQcto!lllli.,..1Qg1r6RPQD"dTx':I\' s'F@TI
be TncroasedQY~ ~~s...:.ffi..e ~p_l2@n_-& QIL Qillgmngy-Q!Lpositio-nS':-..fi9l1
,~QfQyeoSiiall bomoved ana steii..l!ilhiiLg@9Q -in.J\,Q~'"'c!i~'~':.1rQ!!LQQi'o~iJ_,-2056
35
1PrQ~gh ~op.tembor 39,...6QQ7., up'o_n their eV3IY3.!iO.D d~tQ and- only. if th"O"Ovaluatio-n ~c~
i~pQ.ration:~J..:-
3. Effective October 1. 2010 each emolovee shalT be moved to the next steo
of the oav olan in the -next corresDondina vear. Qn OgobQL..1 l.2QQ7 ~ppendi2s "~" SiigTI
be increased by ~~ a~r~ thQ. step. pl~n-forall qarg~Q9..Jd!lit Rositiqps. E;lCh
ellJ.R.IQY~.Q.J~:@i 120 mQ.\'.Qd o-'J,Q SJ~P..lD th-~ir gr~dQJr1 :~~p'pelJ.9i2s.'::'^:." flomJ~ctObQLL 2QQ?
through Sem.Qmbei)9...1QQ8,jJPQ.D..tbeir evaluatiQD ~lli!...o.DIy if th_e.ID'~IO_nJ>cQ[e
is QP~rifion;[
Section 16.3: Maximum of Step Plan.
Any employee who reaches the maximum step \~hiriJQQlr p~y_g@.de shall
remain at that step rn-:9!acte during the period of this Agreement. An employee at the
maximum step shall only receive an increase in their rate of pay when the step changes
as the Appendix is amended as stated above.
Section 16.4: Personnel Rules and Regulations.
Article 16 &2 (1.2) constitutes the entire wage article for the period of this
Agreement. No other wage entitlements or other considerations provided to non-
bargaining unit positions nor any other entitlements, etc. under the PRRs shall apply to
members of this bargaining unit.
36
ARTICLE 17:
UNIFORMS AND EQUIPMENT
Section 17.1: Uniforms.
Employees shall wear uniforms as determined by the Chief. When a uniform is
required, no other clothing except underwear shall be worn without permission of the
Chief. ifheCitvaarees to -orovlde all eniDiovee-s -with four-(41 sets-of unifurm&" iSSuance
shallbei10 later than Aorii30. 2009.
Section 17.2: Initial Issue.
The Department shall determine and provide the clothing, shoes and other
related items that make up the uniform.
Section 17.3: Replacement.
A. Employees shall be responsible to maintain in good serviceable condition
the initial issue provided in Section 17.2 above or to obtain replacements from vendors
"" --- --~---
or supply, if any, designated as acceptable to the City. at no cost to the emolovee.
B. The Chief shall notify employees if there are acceptable vendors from
whom employees may obtain replacements.
Section 17.4: Maintenance.
Employee shall be responsible for repair and maintenance of the Uniform and all
items issued to them for their use by the City, and shall come to work in clean, neat and
undamaged cloths, including undamaged uniforms and other clothes.
Section 17.5: Clothing Allowance.
Employees assigned as Detectives on a regular basis shall receive a clothing
allowance in the amount of 1SfiQ..o $600 per year at the un;e of transfer. This Thereafter!
subseauemt payment~ will be made in the first full pay period of December, during the
37
term of this Agreement. AU oavmenTs under this sectionsii8'ii""'5e made bv seoarate
,- -
check.
38
ARTICLE 18:
PROBATIONARY PERIOD
Section 18.1: Initial Probationary Period.
The initial probationary period for new employees, accumulation of benefits,
continuous service credit, participation in benefits, disciplinary actions and continued
~li[Qyo~prorTlorodJ.o~g~ rank sti3iiSorve a- six (2)=:DiQD![prob3tion~rY.
,..-
p~
Section 18.32: Grievances.
Unless specifically provided in this Agreement, employees who have not
successfully completed their initial probationary period under Section 18.1 shall not
have access to Article ~ !Y _(2), or any other grievance procedure.
Section 18.4.3.: Transfers. New Emplovees and Waiving Probation.
Employees transferred into the position of police officer from within or from
outside the OPO shall be required to:
Meet all pre-employment standards of the OPO. All accrued time off may be
carried over. Transferred employees who do not successfully complete the probationary
period as described in Section 19.1 shall be subject to the lay-off provisions contained
in the PRRs.
39
ARTICLE 19:
CONTINUOUS EMPLOYMENT (Seniority)
Section 19.1: Definition.
Continuous employment (senioritY) shall be both on a City-wide ("CCE") and as a
member of the Ocoee Police Department ("PDCE") and shall commence from the
employee's initial date of hire with the City and as a member of the Ocoee Police
Department, respectively. It shall continue until broken as provided in Section 19.3
below. When two or more employees start work in the Ocoee Police Department on the
same day, their PDCE shall be based on their position on the new hire eligibility list.
Section 19.2: Benefits.
The earning or accrual of benefits shall be based on the CCE as provided in the
City PRR unless a particular benefit, benefit plan or this agreement specifically provides
otherwise. seniontv ('POCE) shal~ u-sed for the MDoses of oaidume -offieave and
.- - - -- -- -- - -- -- --- - - -- -- -- - -~
holidav Dreference. for shift biddina. and lavoff and recall. as well as the decidina factor
In anv t5referenceall-othertaCtors -beina eaual.
Section 19.3: Loss of Continuous Service.
CCE and PDCE shall be lost upon the happening of one or more of the following
events:
A. Resignation.
B. Termination in accordance with the City PRR.
C. Retirement.
D. Receiving an authorized leave of absence.
E. Lay-off for more than six (6) continuous months.
40
In addition, PDCE will also be lost if an employee is promoted or is transferred to
a position outside the Ocoee Police Department, but if into another position within the
Ocoee Police Department, the PDCE shall continue to accrue.
Section 19.4: Paid Time Off Leave - Priority.
__ - - - I
When QlliL(1L2[ more than one (1) bargaining unit employee~ seeks to use paid
time off Tor the same oeriod and IS in tiie'" s-ame -sauad or-sectIOn' 'Li'ri"aer th~y PRR,
the employee with the most IsenTOrltv (PDCE) will be given preference :c;niess tho CoLef,
or -1iTS d~gll.oQ:dc;iemiinessld90j2roferenc~_ln 3~~rtTCUT3ilnst3[1go wilTTnterfor~
~p3rtmon13T-opor3tions. 'ROWever~ the oartieshave aareed to -re"'di:iCe-tiiiSarticTe
(Section 19.4fto 8lV1eriiorandum Of Understand'in01
Section 19.5: Lavoff and Recall.
Layoff and recall shall be in accordance with the ~iEBB below-orovisions:
lA.. LavOff
fntFie event 'Of a-lavoff-foMrv-rea-son.-emolovees -shali1>elaid offTri""the inverse
,. -- ---- ----- -- - ---- --- -- ---
order of their seniority (PDCE). All initial orobationarv emolovees must be laid off orior
to TaVina oflnon-orobatiorlarv -e"iiiDlovees.
B. ReCall
:1 . :EmoloveesliiTavoff- statuswlil retainrecall rlQiiiS10rtWelve -(12) months ana
'Siiaiiliave- oreference to work overaoOTIcants on eliaibITrtv lisTs~- Recali will be madebV
certified mail to the last -address in the e-rriOTovee's reccmraiOna with any addresson file
~ - .. -- ---- -- ---- - - .. -- --- -- - -
with the Union. The emolovee must. within seven (7) calendar davs of the certified
~ceh)raate:-notlfythe -City ofhismtentionto retUrn-to work~ Said erri'Dlovee -must return
fc) work within thirty (30) davs o(recelvinathe notice.
41
2: 'Emplovees- shaIT be c8iied- baCk"Startina-Wfth the most seni'O'r-emDiOvee
ri'Ot1fiedfirst and tti'e'nfil descendlna ordsrof semorTtv the-reafter. Emplovee-s who return
tmm -Iavoff status shall receive1"fie'CLirrenCrate Of pay for the pav- arade and steD""he
herd at ihe1Iirieoflavoff.
42
ARTICLE 20:
SAFETY. HEALTH AND PHYSICAL FITNESS
Section 20.1: Cooperation.
The City and the Union will cooperate in the continuing objective of eliminating
accidents and health hazards as well as maintaining the safety of the employees
covered by this Agreement.
Section 20.2: Unsafe EQuipment.
Whenever an employee covered by this Agreement feels that a vehicle or other
equipment is unsafe and, therefore, unfit for service because it is a hazard to himself or
to the public, or both, he shall immediately inform his Supervisor. If the Supervisor
concurs, the unsafe vehicle or other equipment shall not be used until it has been
inspected and determined safe. Should the Supervisor not concur, the employee will
abide by the Supervisor's decision, however, the Supervisor shall document the alleged
unsafe condition and Supervisor's comments in writing and forward it to the Chief of
Police via the Chain of Command.
Section 20.3: Take-Home Vehicle Policv.
Employees shall not be required to use their own private vehicles in the
performance of their regularly assigned duties.
The Department shall provide a take home vehicle for all officers in the
bargaining unit hired before October f 2009, as fiscally able, who reside within a twenty
five (25) mile radius from the City of Ocoee (JPA). Emolovees hired a-fter October 2009
shan beorO'Vided a-take home- vehicle if the emolovee lives within a fifteen (f5) mile
~radius from the Citv (JPA). Take home vehicles may not be used for personal
business/use, except for those employees who reside within the City limits of Ocoee.
43
Durina this oersonal use no- familv members (o-r others)- may -be transoorted.
~u"6.s~!:leDU2. Jtlis- .'\gCQ.o[l~t,lL31J.~ployoe lDOV02. Qu~e tb~- 2i5--1!1lli3 r3~!:!s,~
t.akeJ1Q.~ \iii'iciQ....wULl2.€1 QElnleci
Employees residing more than five (5) miles outside the JPA will have $20.00 per
pay period automatically deducted from their pay:- exceot for K-g-handlers who shall be
-exemot. These emolovees outside the - JPA Will be orohibited t'O transoortfarTiTIV
members manv other individuaiS for oersonal reasons in the ta-ke home vehicle. This
's!Ip~n.sLls glff.Q9ti:le J1 .!!l<L9;3-~ pric~~r~y.iblo by_ tho City_ '9t QQQ..oo.1ixc~ ~O _~r
g~lfg'1 cmring",illly.ffiornh.ol ij10 JLE:c.9Ly~r._ T_h~~lip"Qrid .Y.LilU"Qtib~[IgQ. fr9D't o.ng f~1
iQilljoj[e ~ 3n]' \'~i1L.Qo CEtQ.~g~.9- 9lJI!D9 !hQ next C.9Dir"3ct
Section 20.4: Transport.
Officers will not be required to transport persons detained in a vehicle not
equipped with a cage, except in an emergency, and then the transporting officer will be
assisted by another officer.
Section 20.5: Portable Radio.
No employee shall be permitted to work his tour of duty without having in his
possession an operable portable radio; provided, however, that in Management's
discretion, an employee not having an operable portable radio may be reassigned to
other duties where a portable radio is not necessary.
Section 20.6: Firearms Training.
Semi-annual firearms training will be provided by the City.
44
Section 20.7: Phvsical Exams.
The City agrees that each employee shall receive an annual physical
examination by a physician designated and paid for by the City, which includes the
following tests (Y{l}jfh .D1~y ~..iIm.Qill!<&pYJtie 9!Y.;ll i!idi2~!!QD):
A. Urinalysis;
B. Blood Pressure;
C. Blood Chemical Profile (SMAC-24 Blood Test);
D. Vision Test;
E. Height and Weight Recorded;
F. EKG at rest or Stress EKG (Upon recommendation of the City
physician);
G. Chest X-Ray;
H. Tobacco Free Tests.
Scheduling of the physical examination will be on duty and at the discretion of the
Department and results will be sent to theemoiOvee by the me-dical or'OVlder: become
p::lrt of the employee's permanent he::llth record.
Section 20.8: Fitness for Duty.
Anv medical or -osycholoaicaT - exam that results - in the emoTovee- beina
considered as unfit for dutv~ shall reQuire the emolovee to .use nard time off uiitii-a
subseauent exam-findsthe emolovee fiffor dutv:-Should the e-molovee orovide aualified
- - - - - - - __ - - - - - - - I
medical information to return to duty before the City (Police Chief) believes the
erTlDlovee mavreturn. and a final determination-is made thatthe emolovee could have
45
returned s-ooner. then the City shall return that Dortion of the oaid time off used after the
date the-documentation was orovided.
Iii order to develoD a - como-rehensive disease - manaaemsnt oroaram in
coniunction With the emolovee health center and The annual ohvsicais the- oarties aares
f01he fullowina:
1. ~II emolovees shaTI receive a health risk a.ssessmenf as oart of the annual
otWsicai:
i All emolovees wilibe reauired to oartlCtoate- with the doctor. nurse and
suooort-staff from-CareHere to address any health- related risks. ie. hvoertensioii. -blood
suaar. cholesteroCobesitv. diabetes. -erc~:
3. ~II emolovees -will receive -assistan-c-e from the oroarams offered ffirouah
thehealth center incluaTr1a smokiiia cessatio-n- oroaram-(at no cost):
4' All emolovees th-at -oarticioate in a satisfactory manner with - theHealth
center's -Disease -rvianaaemeiit Proaram -(soecific to each emoiOvee) shail-receive the
- - -,
followina incentives:
81. _ :$20- oer month reductionof the deoemdent heaith ca-re oremiuml
ill_A cash eauivalent fo-r emolovees without d-eoendent -coveraae:
g -First co-oavment toa soecialist ohvsician referred bv the Health Center
"reimbursed to the emolovee:
Qf _ Sixteen (16) additional bonushours of oaid time off when reachfna desired
benchmarks set bv the Health Center on an- annual basis.
46
Anv emoloveefailina to oarticioate in the above oroaram in a satlsfactorv-manner
Sii'8if nor-receive the incentives. The oarties aaree the Incentives in thTs Article wlil beam
I - - - -- -
within the first year of the CBA.
Section 20.89: DruQ and Alcohol Policv.
The City Drug and Alcohol policy contained in the PRR shall apply to bargaining
unit employees.
Section 20.910: Random DruQ Tests.
The City reserves the right to randomly drug test employees. Said drug test shall
be conducted following computer based objective selection procedures as is done for
the City's other employees. The costs of such tests shall be borne by the City.
Section 20..iOll: Notice of Health Related Problems.
When an employee has a health-related problem that affects Qr !llilY:3ff-€f.t his 9f
her ability to perform the essential functions of hisz..heJ job, the employee shall so advise
- -. - ,. -
the Chief .fQL eYillY3.1iQ.n. Employees may ~ undergo fitness for duty medical
evaluation~ as directed by the Chief by a doctor selected by the CitY,J~ r~ults:Qf
~~i~31i~e ~~QJ~ to tb.Q (~ref, '~hol}~ ~ult~JDdif~ too QmploYQg i~qul.@.d
to- 3uthorizo-tho d-octor to relo35o and commuiiTc3te- the det3ITs of his o'lalu3tion to
-- -- -- -- ------ -- - -- --- --- - --
:J_~siJ6.e ..Q.iQLin <iot~rn.iriing}Do ~pIQ-Y~Q~_mP..!QYIJ1~nt g3JU~. The doctor shall
orovide~- bv way Of secon-d ooin-ion. to the Chief oniv what limitatfOnS::-in lavman's
terms. if a-n'V: the emolovees has and if the emolovee has reached M-Ml and if the
"limitations are oermanent. &.QD}ploy~ wJliLha~_h3Q. me~Lc30rqgrm<mLRr~-rib<&l!:!
- -- - - --- --- - ---,
2!:9..er to resolvo..all 3gtU~Q[ PQten!i&rD..odlc~ QIQblem th3t =!.ff..Q,c.ts_or _may a~L!b.~
~rrlRloyoo's abili!Y_Jo (Jsliorm _hj~Lb..f~r jot.! who 1~i1~- _Qr _refuse~ !Q follQ.w '!po moaTCal
47
t[o-~m_ol1LQillsc~d ~JI.J2e sQ..bjg,g to:.QJsgplin3_ry_3,gtiQn:up....&:lld_ ~Iudi~g
to iilll n"3.1!2D.
Section 20.14'"12: Tobacco Free ReQuirment.
All employees hired immediately after !ho 31?P'ro.:L31 QfJbis~gr~enJ October 10.
.2005 must be free of tobacco use and must remain continually free of any tobacco use
as a requirement for continued employment with the City of Ocoee Police Department.
48
ARTICLE 21:
WORKING OUT OF CLASSIFICATION
Bargaining unit employees who work out of classification shall be paid under the
same policy as applicable to all other non-exempt employees of the City who work out
of their classification, unless this Agreement specifically provides for other
compensation as below:
Shift Differential for Midnight shift shall be $1.600 $5.,.300 per year.
Detective Incentive shall be $2.800 t~o..Q for undercover and "$2.300 $lQOQ for
other Detectives. oar Year.
K-9 Officers shan receive $2.400 assiannien( oav~ to include "doa davs"and
SRO.Traffic ana Motor Officers shall receive-a unit assianm-ent oav of$1.500
ber year lliff.erefi!ja~ ~Qh~uIQ "ShaICbQ. ~ ~lg[gn1Iy_p&(ton=9CIQ:b.QC1 g,
2Q5~.
All shift differential, incentive and assianment oavs shale be comouted to an
hOUrlv rate of oav a-nd calcUiated into the emolovees' base salarv.
FTO shall receive '$i.50 oer hour $fQ..p'Qr d3Y when training.
Officers assigned to fill Sergeants position for a full shift shall receive an
additional $3.25 Der hour $15_p..Qr..9jly' per such shift.
~g2LP~y~iia!I...Q9 .irl~cCOld;m~ ,j/ltti)hJLPRR's:
Officers fluent in speaking Creole, Spanish, Portuguese and translating Sign
Language shall receive an additional $5-50 $50...0 per year. Check shali"be
- - - -- .
seoarate from normal oavroll check.
49
ARTICLE 22:
MISCELLANEOUS
Section 22.1: Locker and Shower Facilities.
The City shall provide a locker for each full-time employee and a shower area,
which shall be available for employees twenty-four (24) hours a day.
Section 22.2: Inspection of Lockers.
Lockers are City property and subject to inspection by the Chief or his designee
at any time for any or no reason.
Normally locker inspection will be in the presence of the employee or another
employee. However, if the Chief determines that circumstances warrant immediate
inspection or opening of a bargaining unit employee's locker and there are no other
employees available to act as witnesses, the Chief, in his discretion, may authorize that
the locker be opened and/or inspected as needed. If the lock is broken off by the City,
the City will replace it.
Section 22:3: - Retirement -Entitiements.
A._ A baraalnina unit emolovee -who retires under a "dls-abilitv retirement.
reaardiess of years of-service. or an emolovee- who-retires wifu a mlnimumOf twenty
(:20) vcrs and is eilQible to immediatelv- draw retirement cOlTlOensation. shall bsaiven at
the time of final seoaration his side-arm weaDon. his badae. and aretired Police
identification card:
B._ --A baraamina unit member who retires with a minimum of ten (1 D)-vears of
service andlS eligible to draw retirement comoensaTIOn shall be aiven. at the time of
final seoaratTon. his badae and a retired oolice id-entification card. The retiree shall aiSo
have"'iFie ootion to ourchase his side-arrn.
50
C._ _An emolovee who-retires fromthe Cltv and will immediatelv drawhls
, - - - - - - - - - - - - -- --
retirement comoensation shall be sent his month Iv retirement check within sixty (60)
caiend"ar days of selection oHhe emolovee's- retirement ootlOn!
Section22.4:- Pension - 185.
-Airbaraairifna umt oosltions and- emolovees in those oOSltioii'S:" covered bv this
AGreement. S'ii8i1""'5e covered bv the- FS Chaoter -185 Plan as- establiShed bv- theC"'i'tVOf
Ocoee orovided fhev meefthe eliaibilitv -reaulrements o-f same.
'Sectloii22.5: Pension-Multiplier.
- - - - - - - -- - - - ,
The oarties aaree that the oension multiplier will be increased to 3.5% from the
oresent3.007o" if the City contrlb-ution wiil- not ex-ceed 12% of oa-vroll. on that time and
date.-then the -effective date wnl be -October 1. 2008. Theoarties also a-areeti1at the
ore-sent $200.00- stioend for retirees will not aoolv to 8'ii"V"member- that retires after
October 1. 2"008.
51
ARTICLE 23:
EDUCATION
The current City of Ocoee educational policy, as written in the current PRR,
Section 13.: 1~ ~13.14, Educational Incentive Program, shall remain in effect during the
term of this Agreement. The Education Committee for this bargaining unit shall be
comprised of the Police Chief, Human Resources Director, a Union Representative and
the City Manager.
52
ARTICLE 24:
DURATION
This contract shall remain in full force and effect through midnight September 30,
2000f1, and shall automatically renew itself for periods of one (1) year unless either
party delivers to the other written notice of its intent to terminate or modify this contract
not less than ninety (90) calendar days before September 30, 20~11., or not less than
ninety (90) calendar days prior to September 30 in any year of an automatic extension
under this Article.
Florida Police Benevolent Assoc., Inc
Date:
City Manager
Date:
Name
Date:
Police Chief
Date:
Name
Date:
Human Resources Director
Date:
Name
Date:
Mayor
Date:
53
RATIFICATION
This collective bargaining agreement was ratified and approved by the parties on
the dates set forth below:
Date Ratified:
Date Approved:
FPBA
By:
City Clerk, City of Ocoee
By:
54
Aooendix A
Step Pay Plan
Fiscal Year 2008-2009
Startinq 1 2 3
$38,000 39,520 41,496 43.570
4
44,500
5
46.280
6
48,132
7
51,120
8
54.180
9
56.245
10
59,620
Fiscal Year 2009-2010
Startinq 1 2 3
40,000 41.040 41,496 43,570
4
45,570
5
46,725
6
48.594
7
51,120
8
54,180
9
56,890
10
60.815
FISCAL YEAR 2010-2011
Startinq 1 2 3
40,500 42,000 43.092 43,570
4
45.748
5
47.850
6
49.061
7
51,120
8
54.300
9
57,370
10
62,031
55
Aooendix B
PBA COLLECTIVE BARGAINING AGREEMENT
GRIEVANCE FORM
Employee's Name
Business Address
Class Title
Department
Division
Business Telephone
Social Security Number
Unit
Bargaining Unit
NATURE OF GRIEVANCE
(involving interpretation or application of specific provisions of Agreement)
DATE ACT OR CONDITION OCCURRED:
SECTION OF AGREEMENT: (which has allegedly been violated)
RELIEF REQUESTED:
IF REPRESENTATIVE DESIRED - Name of My Representative:
Business Telephone:
FOR GROUP GRIEV ANCES ONLY - I have been designated by the following named employees to act as
spokesperson and be responsible for processing the above grievance in their behalf:
SIGNED
Date Submitted
SUBMITTED TO: Name Class Title
(If space is insufficient to write complete information, attach a separate sheet.)
*Circle appropriate step
White
Yellow
Pink
OFFICIAL - Step 1 2 3 *
Representative (if any)
Employee
56
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