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Item #16 Collective Bargaining Agreement - Teamsters Local 385
11'e Center of Good Lili. AGENDA ITEM COVER SHEET Meeting Date: 06/06/06 Contact Name: James Carnicella Contact Number: 1032 Item # i (P Reviewed By: ` Department Director: City Manager: Background Summary: This collective Bargaining Agreement governs the terms and conditions of employment for Police Officers covered under the Teamsters Union. Issue: This is the first Collective Bargaining Agreement with the Teamsters. Recommendations Staff recommends the Commission adopt the Collective Bargaining Agreement. Attachments: Attachments include the entire document and the proposed step plan. Financial Impact: The financial impact of this Collective Bargaining Agreement will be funded in the following manner: $20,000 from Contingency that was already budgeted for Police Department salary changes from the HRMP salary study, $72,826 budgeted for COLA & merit increases and an additional $119,237 savings from the Police Dept. salary line item as a result of unfilled vacancies within the department (total cost of $212,063). Type of Item: Public Hearing Ordinance First Reading Ordinance First Reading Resolution Commission Approval Discussion & Direction For Clerk's Deot Use: ❑ Consent Agenda ❑ Public Hearing ® Regular Agenda ❑ Original Document/Contract Attached for Execution by City Clerk ❑ Original Document/Contract Held by Department for Execution Reviewed by City Attorney 42 ❑ N/A Reviewed by Finance Dept. _ ❑ N/A Reviewed by A ) ❑ N/A COLLECTIVE BARGAINING AGREEMENT O BETWEEN TEAMSTERS LOCAL 385 AND CITY OF OCOEE Effective Dates: October 1, 2005 to September 30 2008 LAST BEST OFFER TABLE OF CONTENTS ARTICLE I: RECOGNITION AND INTENT Section1.1 Parties.....................................................................................1 Section1.2 Recognition.............................................................................1 Section 1.3 Entire Agreement....................................................................1 Section 1.4 Effect of Laws and Ordinances...............................................2 ARTICLE II: DECLARATION OF PRINCIPLES Section 2.1 Non-Discrimination.................................................................3 ARTICLE III: UNION SECURITY AND CHECKOFF Section3.1 Dues.......................................................................................4 Section3.2 Amount...................................................................................4 Section3.3 Remittance.............................................................................4 Section3.4 Recourse................................................................................4 Section3.5 Minimum Pay..........................................................................5 Section3.6 Withdrawal..............................................................................5 Section3.7 Indemnity................................................................................5 ARTICLE IV: UNION BUSINESS AND SERVICES Section 4.1 Representation and Notice.....................................................6 Section4.2 Activities.................................................................................6 Section4.3 Time........................................................................................7 Section 4.4 Visitation ........................................... 7 Section 4.5 Solicitation and Distribution....................................................7 Section 4.6 Time Off Without Loss of Pay.................................................8 Section 4.7 Bulletin Boards........................................................................8 Section4.8 Information..............................................................................9 ARTICLE V: MANAGEMENT RIGHTS Section 5.1 Functions of Management....................................................10 Section 5.2 Operations and Direction of Work Force..............................10 Section 5.3 Examples of Management Rights.........................................10 Section 5.4 Rules and Regulations..........................................................12 Section 5.5 Grievances and Impact Bargaining.......................................13 Section5.6 Waiver...................................................................................13 Section 5.7 Emergencies.........................................................................13 Section5.8 Job Duties.............................................................................14 ARTICLE VI: GRIEVANCE AND ARBITRATION Section6.1 Grievance..............................................................................15 Section 6.2 Grievance Procedure.............................................................15 Section6.3 Arbitration..............................................................................17 Section 6.4 Grievances by Non -Union Member......................................19 Section6.5 General.................................................................................20 ii Section 6.6 Time Off/Pay.........................................................................20 ARTICLE VII: PROMOTION AND SPECIAL UNIT TRANSFERS Section 7.1 Promotion and Special Unit..................................................21 Section 7.2 Application of City PRR........................................................21 ARTICLE VIII: VOTING................................................................................22 ARTICLE IX: UNION/MANAGEMENT MEETINGS...................................23 ARTICLE X: INSURANCE.......................................................................24 ARTICLE XI: STRIKES..............................................................................25 ARTICLE XII: HOLIDAYS Section 12.1 Days Observed.....................................................................26 Section 12.2 Eligibility for Holiday Pay......................................................26 Section 12.3 Holiday Pay..........................................................................27 Section 12.4 Pay for Work on Holiday.......................................................27 Section 12.5 Floating Holiday.................................................................27 ARTICLE XIII: PERSONAL LEAVE Section 13.1 Eligibility.................................................................................28 Section 13.2 Accrual of Leave...................................................................28 Section 13.3 Charging Leave.....................................................................29 Section13.4 PRR.......................................................................................29 ARTICLE XIV: HOURS OF WORK AND WORK SCHEDULE Section 14.1 Basic Work Schedule............................................................30 Section14.2 Overtime................................................................................30 Section 14.3 Assignment of Overtime........................................................31 Section14.4 PRR.......................................................................................31 Section 14.5 Court Time................................................................31 ARTICLE XV: LIGHT DUTY Section15.1................................................................................................32 ARTICLE XVI: Section 16.1 Section 16.2 Section 16.3 Section 16.4 ARTICLE XVII: Section 17.1 Section 17.2 Section 17.3 WAGES StepPlan..............................................................................33 Step Plan Implementation......................................................33 Maximum of Step Plan...........................................................34 Personnel Rules and Regulations..........................................34 UNIFORMS AND EQUIPMENT Uniforms............................................................................... 35 InitialIssue............................................................................35 Replacement........................................................................ 35 iii Section 17.4 Maintenance.........................................................................35 Section 17.5 Clothing Allowance.....................................................35 ARTICLE XVII1: PROBATIONARY PERIOD Section 18.1 Initial Probationary Period....................................................36 Section 18.2 Promotional Probation..........................................................36 Section 18.3 Grievances...........................................................................36 Section 18.4 Transfers, New Employees and Waiving Probation.............36 ARTICLE XIX: CONTINUOUS EMPLOYMENT Section 19.1 Definition...............................................................................37 Section 19.2 Benefits.................................................................................37 Section 19.3 Loss of Continuous Service..................................................37 Section 19.4 Personal Leave.....................................................................38 Section 19.5 Layoff and Recall..................................................................38 ARTICLE XX: SAFETY, HEALTH AND PHYSICAL FITNESS Section 20.1 Cooperation..........................................................................39 Section 20.2 Unsafe Equipment .................................. Section 20.3 Take -Home Vehicle Policy...........................................39 Section 20.4 Transport ...............................................................................40 Section 20.5 Portable Radio......................................................................40 Section 20.6 Firearms Training..................................................................40 Section 20.7 Physical Exams.....................................................................40 Section 20.8 Drug and Alcohol Policy........................................................41 Section 20.9 Random Drug Tests ............... :.............................................. 41 Section 20.10 Notice of Health Related Problems.....................................41 Section 20.11 Tobacco Free Requirement.........................................42 ARTICLE XXI: WORKING OUT OF CLASSIFICATION..............................43 ARTICLE XXII: MISCELLANEOUS Section 22.1 Locker and Shower Facilities................................................44 Section 22.2 Inspection of Lockers............................................................44 Section 22.3 Emergencies.........................................................................44 Section 22.4 Work Rules...........................................................................44 Section 22.5 Off Duty Work.......................................................................44 Section 22.6 Private Vehicles....................................................................44 Section 22.7 Job Descriptions................................................................44 ARTICLE XXIII: EDUCATION.........................................................................45 ARTICLE XIV: DURATION...........................................................................46 iv 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 City of Ocoee Teamsters Local Union No. 385 (hereinafter, "the Union"). Section 1.2: Recognition. 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. RC2004-034 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 Agreement. This Agreement which becomes effective October 10, 2005 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. 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. ARTICLE II: 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 III: 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 n ( 1�� deduction was made as a result of a mistake by the City; otherwise, the employee shall have recourse only against the Union. Section 3.6: 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: Indemnity. 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 IV: 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/her 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/her 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 his/her designee, to the extent that the time of unit employees is required, will occur during the off -duty time of those involved. Section 4.4: Visitation. The Chief, or his/her designee, shall permit one authorized non -employee Business Agent of the Union access to the Police Department to handle grievances arising under this Agreement. The Business 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/her designee, be accompanied by a managerial employee in the event the Union agent needs to visit a particular area of a station. The Business Agent will not in any way interfere with the work of employees or the operations of the Department. If, during a visit, the Business Agent wishes to have a private conversation with an employee, the Chief, or his/her designee, will allow the same consistent with his/her determination of operational needs and will designate the place the conversation with occur. During any such visit, the Business Agent shall not interfere with the work or the operations of the Department. 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 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"), 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 Union President 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. 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. 9 ARTICLE V: 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 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. work. 19. To determine and change standards of fitness of employees to perform 20. To contract and/or subcontract any existing or future work when good business judgment makes such action advisable. basis. 21. To transfer employees from job to job, either on a permanent or temporary 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 Bargaining. 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: Emergencies. 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 P 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 his/her designee. 14 ARTIC LE VI: 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 but may be grieved 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/her 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. Within five (5) working days of presentation of the written, signed grievance, the Chief, or his/her designee, and the Union Steward, and his/her designee, shall meet and/or discuss the grievance. The Chief, or his/her designee, will respond in writing within five (5) working days of the meeting and/or discussion. 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 his/her designee, shall meet and/or discuss the grievance with the Union Business Agent and/or the Union President. The City Manager shall respond in writing within ten (10) calendar days after the meeting or discussion. The City Manager can extend the time limits for the meeting and decision in this Step 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 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 16 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 ten (10) 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 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 ten (10) calendar days from receipt of the notice of the intent to invoke arbitration, the Union shall obtain 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 by 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 a grievance under this Agreement, but cannot require arbitration of the grievance unless 18 ' the law requires otherwise, in which event, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations, of the Union under this Article and any other Article that may apply to his/her grievance. The employee will not be entitled to any other grievance process. Section 6.5: General. A. There shall be no class grievances and each grievance shall be arbitrated in a separate proceeding unless the parties mutually agree otherwise. B. The filing of a grievance shall in no way interfere with the right of the City. to proceed to carry out its management responsibilities, subject to the final resolution of the grievance. The employee and the Union shall abide by the management decision involved in any grievance prior to and during the time the grievance has been filed and being finally resolved. Section 6.6: Time Off/Pay. Step 1 of the grievance procedure shall be carried out during the employee's work hours at a time and place designated by the Chief based on operational needs, and the employee shall lose no pay. The City shall determine when Steps 2, 3 and 4 shall be processed, and if the Step or Steps are processed during their scheduled working hours, neither the Union Steward nor the grievant shall lose pay. Employee witnesses, other than grievant, whom the City Manager may at his option choose to interview shall lose no pay if interviewed during their working hours, and if interviewed after or before such hours, shall be paid for such time as if they were performing other work for the City. Otherwise, the City shall not be responsible to pay any employee 19 ti 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. 20 �n,O ARTICLE VI1: PROMOTION AND SPECIAL UNIT TRANSFERS Section 7.1: Promotion and Special Unit. Promotions and Special Unit assignments shall be handled as provided in SOP #35 and SOP # 46 respectively. Should the City decide to create the position of Corporal, the parties shall re -open this article._ Section 7.2: Application of City PRR. City Personnel Rules and Regulations Section 6 shall not apply (except for below) to promotions covered by Section 7.1 above. A promoted employee shall serve a six-month probationary period and the PRR section 6.03H shall apply. Should the affected employee be returned to the position of police officer, he/she shall return to the pay step and seniority status held at the time of the promotion. ARTICLE VIII: 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/she cannot vote on his/her own time, the Chief shall make operational arrangements for the employee to vote without loss of pay. 22 ARTICLE IX: UNIONNANAGEMENT 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 Steward. 23 C� ARTICLE X: 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 non -bargaining unit, non- exempt employees and their dependents. 24 ARTICLE XI: 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. 25 c� ARTICLE XII: 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 July 4 September — First Monday November — Fourth Thursday November — Fourth Friday December 24 December 25 Section 12.2: Eligibility 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. 26 C. When an employee works on a scheduled holiday, the employee shall receive holiday pay, if he/she 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. Hours paid shall either be eight (8) or ten (10). 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: Floating Holiday. On October 1 of each year of this Agreement all bargaining unit employees shall receive either sixteen (16) or twenty (20) hours added to their paid time off accrual. These additional hours are to be scheduled and used as all other paid time off hours. 27 ARTICLE XIII: PERSONAL LEAVE — 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 leave. B. Full-time probationary employees shall accrue paid time off leave during their initial probationary period, but accrued personal 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 the second pay period after ratification of the Collective Bargaining Agreement by the bargaining unit and the City Council: A. Full-time employees earn personal leave as follows: One through five years of service - 176.28 hours Six through fifteen years of service - 216.06 hours Sixteen years + 256.10 hours B. A full-time employee can accrue up to 380 hours of personal. If an employee accrues more than 380 hours of Personal Leave, any hours over 380 will be automatically deducted from the employee's personal leave bank on September 30 each year. 28/ n Section 13.3: Charginq Leave. PTO leave time for employees will be charged at hour for hour of the time taken off from the employee's shift. Section 13A PRR. The other rules and conditions with respect to paid time off leave are as set forth in the PRR. 29 ARTICLE XIV: HOURS OF WORK AND WORK SCHEDULE Section 14.1: Basic Work Schedule. A. The basic work schedule shall be eight (8) or ten (10) hour shifts. The day shift shall be set by the City and not to start before 5:30am or end after 5:30pm. B. Paid lunch and break periods are scheduled at the discretion of the Chief, or the Chief 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 when it is in the interest of the City and is the most practicable and economical way of meeting workloads or deadlines. 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. C. For the purposes of overtime computation, jury duty, annual military leave and other absences from duty ( i.e.), whether paid or not, shall not be considered as 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 30 assignments shall submit a request to the immediate supervisor who shall determine whether the excuse is acceptable. Section 14.3: Assignment of Overtime. Overtime shall be scheduled in accordance with departmental rules, regulations and directives, with prevailing City ordinances and resolutions and administered in accordance with the provisions of this Agreement. Section 14.4: PRR. Other policies and guidelines with respect to hours of work and overtime are as set forth in the PRR. When the Department is requested to provide off -duty police services, the employee has the right to refuse to work off -duty details. The Department will decide who should be requested to provide such services. 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 10, 2005. 31 ARTICLE XV: LIGHT DUTY Section15.1 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 personal 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. 32 ARTICLE XVI: WAGES Section16.1 The Step Plan for the period beginning October 10, 2005 through September 30, 2008 is set forth in Appendix "A" and "B" for rank and file employees. The step plan consists of 10 steps and begins at $35,000. This step pay plan and future COLA's shall cease September 30, 2008 unless the parties agree on a successor agreement. Section 16.2: Step Plan Implementation. 1. Each employee shall be placed on the step plan in Appendix "A" beginning October 10, 2005 as agreed upon by the parties. All employees shall receive retroactivity from their present (05) rate until the first pay period where the new rates are included for FY06. Each employee shall be moved one step in their grade in Appendix "B" after October 1 and through September 30, 2006, upon_ their evaluation date and only if the evaluation score was operational. Any retroactive amount shall be paid from October 10, 2005. 2. On October 1, 2006 Appendix "B" shall be increased by 2% across the step plan for all bargaining unit positions. Each employee shall be moved one step in their grade in Appendix "B" from October 1,2006 through September 30, 2007, upon their evaluation date and only if the evaluation score is operational. 3. On October 1, 2007 Appendix "B" shall be increased by 2% across the step plan for all bargaining unit positions. Each employee shall be moved one step in their 33 grade in Appendix "C" from October 1, 2007 through September 30, 2008, upon their evaluation date and only if the evaluation score is operational. Section 16.3: Maximum of Step Plan. Any employee who reaches the maximum step within their pay grade shall remain at that step in grade 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 XIX (19) constitutes the entire wage article for the period of this Agreement. No other wage entitlements or other considerations provided non -bargaining unit positions nor any other entitlements, etc. under the PRR's shall apply to members of this bargaining unit. 34 ARTICLE XVII: 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. 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. 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 cloths. Section 17.5: Clothing Allowance. Employees assigned as Detectives on a regular basis shall receive a clothing allowance in the amount of $500 per year. This payment will be made in the first full pay period of December, during the term of this Agreement. 35 ARTICLE XVIII: 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 employment for bargaining unit employees shall be twelve (12) months commencing with the completion of the employees field training period. Section 18.2: Promotional Probation. Employees promoted to a higher rank shall serve a six (6) month_probationary period. Section 18.3: 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 VI, or any other grievance procedure. Section 18 4• Transfers, New Employees and Waiving Probation. Employees transferred into the position of police officer from within or from outside the OPD shall be required to: Meet all pre -employment standards of the OPD. 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 PRR's. 36 ARTICLE XIX: CONTINUOUS EMPLOYMENT Section 19.1: Definition. Continuous employment 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 20.3 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. 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. 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. 37 Section 19A Personal Leave - Priority. When one (1) or more bargaining unit employees seeks to use paid time off under the City PRR, the employee with the most PDCE will be given preference unless the Chief, or his designee, determines such a preference in a particular instance will interfere with Departmental operations. Section 19.5: Layoff and Recall_. Layoff and recall shall be in accordance with the City PRR. 38 ARTICLE XX: 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 Policy. 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, as fiscally able, who reside within a twenty five (25) mile radius from the City of Ocoee. Take home vehicles may not be used for personal business/use, except for those employees who reside within the City limits of Ocoee. Subsequent to this Agreement, if an employee moves outside the 25- mile radius, the take home vehicle will be denied. 39 !� Employees residing more than five (5) miles outside the JPA will have $20.00 per pay period automatically deducted from their pay. This stipend is effective if the gas prices payable by the City of Ocoee exceed $2.50 per gallon during any month of the fiscal year. This stipend will not change from one fiscal year to the next and will be renegotiated during the next contract. 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. Section 20.7: Physical 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 (which may be amended by the City at its discretion): A. Urinalysis; B. Blood Pressure; C. Blood Chemical Profile (SMAC-24 Blood Test); 40 C� 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 become part of the employee's permanent health record. Section 20.8: Drug and Alcohol Policy. The City Drug and Alcohol policy contained in the PRR' shall apply to bargaining unit employees. Section 20.9: Random DrugTests. 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 20.10: Notice of Health Related Problems. When an employee has a health -related problem that affects or may affect his or her ability to perform the essential functions of his/her job, the employee shall so advise the Chief for evaluation. Employees shall undergo fitness for duty medical evaluation as directed by the Chief by a doctor selected by the City, the results of which shall be available to the Chief, when the results indicate the employee is required to authorize the doctor to release and communicate the details of his evaluation to assist the Chief in determining the employee's employment status. An employee who has had medical 41 C� Oe /, treatment prescribed in order to resolve an actual or potential medical problem that affects or may affect the employee's ability to perform his/her job who fails or refuses to follow the medical treatment prescribed shall be subject to disciplinary action up to and including termination. Section 20.11 : Tobacco Free Requirment. All employees hired immediately after the approval of this Agreement 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. 42 C /1 � A ARTICLE XXI: WORKING OUT OF CLASSIFICATION Bargaining unit employees who work out of classification shall be paid under the same policy as applicable to all other nonexempt 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 $1,300 per year. Detective Incentive shall be $2500 for undercover and $2000 for other Detectives K-9 Officers differential and schedule shall be as currently paid on October 10, 2005. FTO shall receive $20 per day when training. Officers assigned to fill Sergeants position for a full shift shall receive an additional $15 per day per such shift. Pager Pay shall be in accordance with the PRR's. Officers fluent in speaking Creole, Spanish, Portuguese and translating Sign Language shall receive an additional $500 per year. ARTICLE XXI1: 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. 44 M ARTICLE XXIV: EDUCATION The current City of Ocoee educational policy, as written in the current PRR, Section 15.11, 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 City Manager. 45 ARTICLE XXV: DURATION This contract shall remain in full force and effect through midnight September 30, 2008, 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, 2008, or not less than ninety (90) calendar days prior to September 30 in any year of an automatic extension under this Article. Teamsters Local 1385 Date: Name Date: Name Date: Name Date: City Manager Date: Police Chief Date: Human Resources Director Date: Mayor Date: RATIFICATION This collective bargaining agreement was ratified and approved by the parties on the dates set forth below: Date Ratified: Teamsters Local 1385 Date Ratified: By: , President Teamsters Local 1385 Date Approved: City Clerk, City of Ocoee Date Approved: City Clerk City of Ocoee 47 3 « § e \ ° k q 4 4 � �/ . j rn 00 Vi �ƒ � . 2 § q en � » 4 $ d . f § q W, ON] ƒ. tn oo ƒ � � m$/ . § \ k �k o - 7 � • E q j2\ n) nk � U9■ $ �$ a] . Q % 8 a ® § §In- w ° § C. _ \ _ 7 4 § en m \ / § § § § § § m j \ j k 2 £ In r ) � R m m x © b © ¥ / § > / § @ § § ? § S = § = e �g ) A0 Ag \ 2 2 E . a «