General Employee Contract

Question 1

Article 15 Seniority

Gen Employee

Answer 1

Seniority shall be defined as the total amount of continuous service with the City within the unit.

Seniority shall be City-wide and shall date from the employee’s most recent day of hire in the unit.

Employees shall lose their seniority as the result of the following: Termination, Retirement, Resignation, Layoff exceeding one (1) year, Failure to respond to the notice of recall within ten (10) days of receipt of the recall notice, which recall notice shall be by Certified Mail with a copy to the Union.

Question 2

Article 10 Work in other Job Classifications

Gen Employee

Answer 2

An employee temporarily assigned to a lower paying job classification shall be compensated at the rate of pay received in his or her regular job classification.

No person in a lower job classification may perform the function of a higher classification where a person in that higher classification is available and not working in his or her job classification.

Question 3

Article 10 Work in other Job Classifications

Gen Employee

Answer 3

An employee temporarily assigned to a higher paying job classification for a period in excess of twenty-one (21) consecutive calendar days will receive a two (2) step increase, provided that the pay rate does not exceed the maximum of the salary range for the higher position for all hours worked in that job classification in excess of the aforementioned twenty-one (21) consecutive calendar days.

If the same employee is re-assigned to the same higher job classification within twelve (12) months after having stopped a prior assignment (for which a waiting period was completed) in that same higher job classification, then the twenty-one (21) day waiting period will be waived for the out of class pay.

If an employee who is receiving higher out of classification pay under this Section uses any type of accrued leave during the time he/she is assigned to the higher job classification, that employee will be paid at his/her REGULAR PAY RATE (I️.e., not at the out of class pay rate) for the accrued leave.

Question 4

Article 10 Work in other Job Classifications

Gen Employee

Answer 4

If an employee who sustains an off-the-job illness or injury requests to be temporarily assigned to a lower job classification because of light duty, and if the City approves the light duty work, then the employee will be paid at the commensurate salary rate of that lower classification immediately upon being placed in the lower classification.

Question 5

Article 12 Holidays

Gen Employee

Answer 5

Subject to restrictions contained herein, the following legal holidays will be observed with the employee receiving compensation at his or her regular rate of pay:

New Years Day, Martin Luther King Day, Memorial Day, Fourth of July, Labor Day, Veteran’s Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Day.

Question 6

Article 12 Holidays

Gen Employee

Answer 6

Employees covered by this Agreement will be entitled to utilize four (4) Floating Holidays each fiscal year.

The holidays may be observed on any regularly scheduled work day that is mutually convenient to the employee and his or her supervisor.

Question 7

Article 12 Holidays

Gen Employee

Answer 7

Requests for use of a floating holiday must be received (and approved) by the City, at a minimum, on the business day before the requested leave date.

The holidays must be taken within the payroll fiscal year in which they are accrued or they will be forfeited (i.e., they cannot be accumulated from year to year).

Only those employees who have worked full-time for 26 weeks of City service are eligible.

Question 8

Article 12 Holidays

Gen Employee

Answer 8

For any department scheduled on a seven-day operation, the holiday shall be the actual day the holiday falls on.

For other employees, where a holiday falls on the weekend, the employee shall receive, to replace that holiday, the Monday following the weekend holiday or the last working day prior to the holiday.

Where a holiday falls on an employee’s normal day off, the employee shall receive eight (8) hours of annual leave credited to the employees annual leave accruals.

Question 9

Article 12 Holidays

Gen Employee

Answer 9

When an employee is required to work a full or partial day on a designated holiday, in addition to his or her regular pay for the actual hours worked, he or she shall receive eight (8) hours of holiday pay at the employees regular rate of pay or the employee may elect to receive eight (8) hours of annual leave credited to the employees annual leave accruals.

To be eligible for holiday pay, an employee must be in pay status for a full day on his or her assigned work days that immediately proceed and immediately follow the day on which the holiday is observed.

Question 10

Article 12 Holidays

Gen Employee

Answer 10

For the purpose of this section, an employee on sick leave will not be considered to be “in pay status” unless the employee, immediately upon returning to work, produces a doctors note for the period of sick leave.

However, the Human Resources Director, may under extenuating circumstances and upon recommendation of the department director, make an exception to the rule that an employee on sick leave must produce a doctors note to be eligible for holiday pay.

Question 11

Article 12 Holidays

Gen Employee

Answer 11

Effective on the date the 2014-2017 Agreement is ratified by the City Commission, the Birthday Holiday shall accrue upon the employee’s actual birthday and it must be used no later than September 30th of that same Fiscal Year.

For those employees who have a birthday between July 1st and September 30th, their birthday holiday must be used within ninety (90) calendar days of its accrual (it cannot be accumulated or carried forward beyond 90 calendar days.)

Requests for use of a Birthday Holiday must be received (and approved) by the City, at a minimum, on the business day before the requested leave date.

Question 12

Article 13 Sick Leave

Gen Employee

Answer 12

Beginning on the first day of employment, employees shall earn sick leave at the rate of 1.84 hours per week worked (including while on annual leave, sick leave and other authorized paid leave). For employees who work the full year, this is 96 hours.

There is no waiting period for an employee to utilize sick leave.

An employee may accumulate unlimited days of earned sick leave for legitimate sick leave usage purposes. Sick leave will not be considered as a right which an employee may use at his or her discretion, but rather as a privilege which shall be allowed upon proper notification to the employees department director or designee.

Question 13

Article 13 Sick Leave

Gen Employee

Answer 13

For the purposes of sick leave payoff upon “SEPARATION” from employment:

Employees hired ON or BEFORE October 1, 1985 will be paid for 100% of their accumulated sick leave if they RETIRE or SEPARATE in GOOD STANDING, provided they were employed FULL-TIME by the City for TEN (10) years or MORE.

For Employees hired AFTER October 1, 1985, they will be paid for ONE-HALF (1/2) of their accumulated sick leave hours upon RETIREMENT and ONE-QUARTER (1/4) of their accumulated sick leave upon RESIGNATION. The ESTATE/BENEFICIARY of any employee who DIES while actively employed on a FULL-TIME basis for at least FIVE full years BEFORE the employees DEATH will be paid the value of FIFTY percent (50%) of the EMPLOYEES accrued sick leave.

However, employees FIRED for just cause will forfeit ALL accrued leave.

The payoff amount will be calculated on the basis of the employees REGULAR RATE OF PAY at the time of “SEPARATION”.

Question 14

Article 13 Sick Leave

Gen Employee

Answer 14

Accrued sick leave shall be shown on the employees PAY STUB

A bargaining unit employee who is a parent with a child, AGE 12 or UNDER, may use up to TWO incidents of sick leave, PER fiscal year, to care for that child, if the child has a NON-FMLA qualifying illness.

Use of sick leave under this Section SHALL BE counted AGAINST the employee under the “PERFECT ATTENDANCE” bonus in Section 8.

For purposes of this section, an “INCIDENT” of sick leave usage can be an HOUR, or up to a FULL DAY provided that the employee is needed to care for his/her qualifying child.

Question 15

Article 13 Sick Leave

Gen Employee

Answer 15

A DEPARTMENT DIRECTOR may require an employee to produce a doctors note to substantiate the use of MORE than THREE (3) consecutive days of sick leave.

With the approval of the HUMAN RESOURCE DIRECTOR, and with PRIOR notice to the EMPLOYEE by the HR DIRECTOR a DOCTORS NOTE may be REQUIRED to substantiate the use of any sick leave.

ALL employees returning to work AFTER medically certified sick leave MUST furnish a doctors note certifying that the employee is MEDICALLY FIT to return to work.

Employees who have been on extended leave (e.g., ten (10) or more working days) must provide the doctors note at least one (1) business days in advance of the expected date of return, unless the Human Resources Director (or designee), in his/her sole discretion, reduces or waives this requirement.

Question 16

Article 13 Sick Leave

Gen Employee

Answer 16

A department director, with the APPROVAL of the Human Resources Director, may REQUIRE an employee to have a physical (including psychological) examination at ANY TIME.

If so, the COST will be borne by the CITY.

The DOCTOR shall be chosen by the EMPLOYER.

An employee out sick shall call in at least THIRTY (30) minutes BEFORE the scheduled shift is to begin to advise the City of same, and indicate, if able to do so, the LENGTH OF ABSENCE EXPECTED.

The call-in procedure shall be followed for EACH DAY that the employee is unable to work, UNLESS prior approval is given to the employee by the employees department director or designee.

FAILURE to call by the appointed time could result in LOSS OF PAY or other DISCIPLINARY ACTION.

Question 17

Article 13 Sick Leave

Gen Employee

Answer 17

FULL TIME bargaining unit employees who DO NOT use SICK leave, DO NOT use any UNPAID leave, DO NOT use MORE than ONE incident of EMERGENCY ANNUAL leave, and DO NOT serve a DISCIPLINARY SUSPENSION, for a SIX (6) month period (October 1st to March 31st or April 1st to September 30th) WILL HAVE their ANNUAL LEAVE account INCREASED by TEN (10) hours.

If the employee DOES NOT use SICK leave, DOES NOT use any UNPAID leave, DOES NOT use MORE than ONE incident of EMERGENCY ANNUAL leave, and DOES NOT serve a DISCIPLINARY SUSPENSION, for CONSECUTIVE SIX (6) month periods AFTER the INITIAL SIX (6) month period, the employee’s ANNUAL LEAVE account WILL be INCREASED by FOURTEEN (14) hours.

Question 18

Article 13 Sick Leave

Gen Employee

Answer 18

The sick leave use for a doctor or dentist appointment for ROUTINE preventive purposes and approved ONE (1) or MORE weeks in advance WILL be DEDUCTED from an employee’s SICK leave accruals and will not count against an employee for the purposes of Section 8.

However, sick leave use for preventive medical treatment under this paragraph is LIMITED to TWO (2) such incidents PER fiscal year, and that each of those TWO (2) single incidents MAY NOT be in EXCESS of FOUR (4) hours.

Question 19

Article 13 Sick Leave

Gen Employee

Answer 19

An employee shall not pretend illness or injury.

If an employee has requested to use accrued leave, and the leave was not approved, but the employee calls in sick for some or all of the same period of time, the employee must provide a doctors note to excuse the time missed, and failure to provide the doctors note will result in a no pay status for the time missed, and such failure may also be the basis for disciplinary action.

In addition, if an employee becomes ill during the course of a work day, the employee must advise his/her supervisor or Department Director before the

Question 20

Article 13 Sick Leave

Gen Employee

Answer 20

Physicians recommendation for work on a “limited/light duty” basis will be considered INDIVIDUALLY on the following basis:

Suitable work must be available as determined by the Department Director.

Approval by the Risk Manager and the Human Resources Director.

The employee must work on a FULL-TIME basis. Part-time limited/light duty WILL-NOT be considered appropriate as work authorization for full-time positions.

The physician recommending work on a limited/light duty status MUST provide reasonable assurance that the condition WILL NOT extend beyond thirty (30) calendar days. Extension of limited/light duty BEYOND thirty (30) calendar days MUST be approved by the Risk Manager and Human Resources Director.

Question 21

Article 13 Sick Leave

Gen Employee

Answer 21

Any employee who has provided a NOTICE of resignation or retirement CANNOT use accrued sick leave for PAID time-off in the TWO (2) week period PRIOR to the resignation/retirement date UNLESS the employee provides a DOCTORS NOTE from a doctor who treated the employee ON THE DAY that the employee seeks to be PAID from accrued sick leave (or before the employee seeks to use accrued sick leave).

If NO doctors note is provided, then the time that the employee is out of work will be charged to ANNUAL LEAVE or NO PAY STATUS.

Question 22

Article 11 Annual Leave

Gen Employee

Answer 22

Employees shall earn annual leave credits according to the following schedule:

Continuous Service with:

Up to and including first five (5) years= 96hrs AL

Six through ten 10 years= 136hrs AL

Eleven (11) through seventeen (17) years= 176hrs AL

After seventeen (17) years= 216hrs AL

Annual Leave pay will be computed on the employee’s current straight-time rate of pay.

Question 23

Article 11 Annual Leave

Gen Employee

Answer 23

Annual leave may be taken as it is earned.

However, employees in their initial probationary period MAY NOT utilize annual leave UNTIL after completion of NINETY (90) calendar days of FULL-TIME City employment.

A trainee would be ELIGIBLE to use annual leave after the completion of ninety (90) calendar days of employment with the City as a full-time employee.

A carry-over of annual leave is permitted, not to exceed 260 hours except as provided below.

Accrued leave in excess of 260 hours as of September 27, 2015; September 25, 2016; and September 24, 2017, will be forfeited.

Question 24

Article 11 Annual Leave

Gen Employee

Answer 24

However, where an employee makes a TIMELY REQUEST to utilize annual leave time which is DENIED by the City, and where the City’s denial of annual leave usage RESULTS in an employee EXCEEDING the 260 hours cap, subject to the approval of the Human Resources Director and the department director, the City MAY give the employee an ADDITIONAL period of time (up to 90 calendar days) within which to utilize the EXCESS annual leave hours.

Such excess annual leave WILL NOT be forfeited if the City, in its discretion, determines that the employee made REPEATED good faith efforts to utilize said leave PRIOR to the close of the additional period BUT those requests were DENIED for MANPOWER REASONS.

Question 25

Article 11 Annual Leave

Gen Employee

Answer 25

In reference to leave requests Department Director shall give preference to the most senior employees initial leave request.

An employee requesting approval for annual leave must submit a Leave Request Form to the department director or designee (through their appropriate supervisor) as much in advance of the requested leave date as possible.

Requests for annual leave must be submitted (and approved) at a minimum on the business day before the requested leave date.

Question 26

Article 11 Annual Leave

Gen Employee

Answer 26

In cases of EMERGENCY, an employee may request that the department director approve annual leave WITHOUT advance notice.

If a department director approves the requested annual, PROOF of the emergency MAY BE required.

However, employees CANNOT use emergency annual leave on MORE than SIX (6) occasions in a FISCAL year.

Question 27

Article 11 Annual Leave

Gen Employee

Answer 27

When a paid holiday falls within an employee’s annual leave period, the employee SHALL NOT be charged annual leave for that HOLIDAY.

Upon separation from employment with the City of Sunrise, employees WILL BE paid the current BASE RATE of pay for all accrued annual leave, provided that the employee has satisfactorily completed their probationary period.

MINIMUM period of absence to be charged to annual leave shall be in ONE (1) hour increments.

Question 28

Article 11 Annual Leave

Gen Employee

Answer 28

An employee who wants to leave City employment in “good standing” MUST deliver to his or her department director, AT LEAST TWO weeks BEFORE his/her last Work day, a WRITTEN RESIGNATION on the CITY’s RESIGNATION FORM stating the DATE the resignation will become effective.

Failure to comply with this procedure MAY BE considered cause for DENYING the employee’s FUTURE employment by the City.

In addition, employees who FAIL to provide the REQUIRED City Resignation Form AT LEAST TWO (2) weeks BEFORE their last work day WILL automatically FORFEIT the VALUE of TWO (2) weeks (EIGHTY (80) hours) from ANY accrued sick or annual leave, UNLESS the circumstances deemed to be an EMERGENCY by the department director and the Human Resources Director, in their sole discretion.

Question 29

Article 11 Annual Leave

Gen Employee

Answer 29

Subject to the approval of the department director and the Human Resources Director, employees may DONATE annual leave (on a CONVERTED hourly value basis to reflect the RATE difference, if any, between the employees) to any City employee who is IN NEED of “extra time off” DUE to a SERIOUS illness or injury of the employee, OR the employee’s spouse, child OR parent.

Question 30

Article 3 Management Rights

Gen Employee

Answer 30

The Union and its members recognize and agree that the City has the sole and exclusive right to operate, manage and direct any and all of its operations.

Accordingly, but not by way of limitation, the City specifically reserves the sole and exclusive right(s) to:

A) Decide the scope of service to be performed and the method of service.
B) Hire and/or otherwise determine the criteria and standards of selection for employment.
C) Fire, demote, suspend or otherwise discipline for just cause.
D) Promote and/or otherwise establish the criteria and/or procedure for promotions within and without the bargaining unit subject only to contrary provisions contained in this Agreement covering the issue of promotion.
E) Transfer employee’s from location to location and from time to time.
F) Lay off and/or relieve employee’s from duty due to lack of work or any other legitimate reason.
G) Rehire employee’s.

Question 31

Article 3 Management Rights

Gen Employee

Answer 31

Accordingly, but not by way of limitation, the City specifically reserves the sole and exclusive right(s) to: part 2

H) Determine the starting and quitting time and the number of hours and shifts to be worked including the need for overtime work, and days of the week to be worked, subject only to contrary provisions in this Agreement.
I️) Determine the allocation and content of job classifications.
J) Formulate and/or amend job descriptions.
K) Merge, consolidate, expand, curtail or discontinue operations, temporarily or permanently, in whole or in part, whenever in the sole discretion of the City good business judgement makes such curtailment or discontinuance advisable.
L) Contract and/or subcontract any existing or future work after first negotiating only the effects of the decision and its impact on unit employees.
M) Expand, reduce, alter, combine, assign, or cease any job.

Question 32

Article 3 Management Rights

Gen Employee

Answer 32

Accordingly, but not by way of limitation, the City specifically reserves the sole and exclusive right(s) to: part 3

N) Determine whether and to what extent the work required in its operation shall be performed by employees covered by this Agreement.
O) Control the use of equipment and property of the City.
P) Determine the number, location, and operation of municipal buildings, annexes, departments and/or divisions.
Q) Schedule and assign the work to the employees and determine the size and composition of the work force.
R) Determine the services to be provided to the public, and the maintenance procedures, materials, facilities, and equipment to be used, and to introduce new or improved services, maintenance procedures, materials, facilities and equipment.

Question 33

Article 3 Management Rights

Gen Employee

Answer 33

Accordingly, but not by way of limitation, the City specifically reserves the sole and exclusive right(s) to: part 4

S) Take whatever action may be necessary to carry out the mission and responsibility of the City in unusual and/or emergency situations.
T) Formulate, amend, revise and implement policy, procedure and rules and regulations, provided however, that such formulation, amendment, revision and/or implementation is not arbitrary and capricious
U) Establish, amend, revise and implement any programs and/or procedures.
V) Require employee’s to observe and obey the City’s policies, procedures, ordinances, resolutions, rules and regulations.
W) Require any bargaining unit employee to submit to blood and/ or urine testing in order to detect the presence of alcohol, drugs and/or controlled substances. The City will not engage in random drug testing unless permitted to do so by state or federal law and/or state or federal regulations.

Question 34

Article 3 Management Rights

Gen Employee

Answer 34

The above rights of the City are not inclusive but indicate the type of matters or rights which belong to and are inherent in the City in its general capacity as management.

Any of the rights, powers, and authority that the City had prior to entering into this Agreement are retained by the City, except as specifically abridged, delegated, granted or modified by this Agreement.

If the City fails to exercise any of the above-described functions from time to time, this will not be deemed a waiver of the City’s right to exercise any or all of such functions.

Question 35

Article 9 Hours of Work-Overtime-Call Back

Gen Employee

Answer 35

The normal work day for full-time permanent unit employees shall be no longer than TEN (10) hours per day, inclusive of the paid lunch period provided in Section 9 for regular full-time employees.

In addition, the City and Union may, by mutual written agreement through a Letter of Understanding, establish work schedules in specific work units that may exceed TEN (10) hour work shifts.

The City will establish whatever workday and work week it deems appropriate, in its sole and exclusive discretion.

However, in the case of a regular or non-temporary change, the City agrees that it will give THIRTY (30) calendar days notice to affected employees before any such change takes effect, unless otherwise agreed to or in emergency situations.

Question 36

Article 9 Hours of Work-Overtime-Call Back

Gen Employee

Answer 36

Employees covered by this Agreement, whether full-time or part time, shall receive compensation at the rate of one and one-half (1-1/2) times their regular rate of pay for all hours worked in excess of forty (40) hours in a week.

For the purposes of this Article, except as provided herein, neither sick leave, annual leave, nor any other type of paid or unpaid leave will count toward hours worked for overtime pay purposes.

Except as provided herein, under no circumstances is an employee entitled to overtime unless he or she actually works more than 40 hours in a work week.

Question 37

Article 7 Grievance Procedure

Gen Employee

Answer 37

A grievance shall be defined as any controversy or dispute arising between the parties involving questions of interpretation or application of the terms and provisions of this Agreement or other terms and conditions of employment.

Having a desire to create and maintain labor relations harmony between them, the parties hereto agree that they will promptly attempt to adjust all complaints, disputes, controversies or other grievances arising between them involving questions
of interpretation or application of the terms and provisions of this Agreement or other terms and conditions of employment.

Question 38

Article 7 Grievance Procedure

Gen Employee

Answer 38

Thus, should differences or disputes arise between the parties to this Agreement or between the employees covered herein and the City, other than cases of discharge and/or suspension, the aggrieved party to this Agreement or employee, or employees, as the case may be, shall use the following procedures:

Steps 1,2, and 3

Question 39

Article 7 Grievance Procedure

Gen Employee

Answer 39

Step 1

In the event that an employee believes there is a basis for a grievance, the employee shall FIRST discuss promptly the alleged grievance with the IMMEDIATE supervisor, EITHER privately, OR if the employee PREFERS, accompanied by BY the On-Sight Representative within TEN (10) WORKING days of the DATE of the OCCURRENCE of the event giving rise to the grievance. The supervisor shall then respond within FIVE (5) WORKING days.

Question 40

Article 7 Grievance Procedure

Gen Employee

Answer 40

Step 2

In the event the aggrieved employee and/or the Union is NOT satisfied with the decision of the supervisor, the grievant and/or the On-Site Representative shall present the grievance in writing to the employees department director within five (5) working days of the date of the aforesaid decision.

The grievance shall be signed by the employee and shall specify:

A) The grievant’s name and position.
B) The date of the alleged grievance.
C) The specific Article(s) and Section(s) of this Agreement that we’re alleged to be violated (general statements such as “all articles” or “all applicable articles” or “including but not limited to Article __” are NOT acceptable and shall be cause for REJECTION of the grievance).
D) A clear and concise statement of the facts that support the alleged grievance.
E) The relief requested.

Upon presentation of this written grievance to the department director, and within FIVE (5) working days THEREAFTER, the department director, the employee and the On-Site Union Representative shall ATTEMPT to resolve the dispute. Within FIVE (5) working days thereafter, the department director SHALL render a decision in writing to both the employee and to the On-Site Representative.

Question 41

Article 7 Grievance Procedure

Gen Employee

Answer 41

Step 3

In the event the aggrieved employee and/or the Union is NOT satisfied with the written answer to Step 2 above, the grievance shall be presented within FIVE (5) working days AFTER the Step 2 decision is rendered to the Human Resources Director, who WILL, within FIVE (5) working days of the receipt of same, meet with a representative of the Union in an ATTEMPT to resolve the grievance. At this meeting, the employee and/or the On-Site Representative MAY also be present. Within FIVE (5) working days after this meeting the Human Resources Director shall render a decision in writing. Upon SEVEN (7) working days’ written notice, the City Manager MAY designate another individual to hear Step 3 grievances.

Question 42

Article 7 Grievance Procedure

Gen Employee

Answer 42

In cases involving suspension, demotion or discharge, a grievance shall be submitted directly at Step 3 of the grievance procedure utilizing the time limits contained at Step 1.

TIME is considered to be of the essence for the purpose of Articles 7 and 8 of this Agreement.

Accordingly, any grievance which is NOT filed and processed within the time limits set forth in Articles 7 and/or 8 will be presumed to be ABANDONED and FORECLOSED for all contractual and legal purposes.

The time limits provided for in Articles 7 and 8 shall be strictly observed and shall be extended only by written agreement of the parties.

Any grievance NOT answered by the City WITHIN the time limits provided for in Article 7 will be deemed to be DENIED and the aggrieved employee may proceed to the next highest step of the grievance procedure. The City may raise the Union’s and/or an employee’s untimely submission or processing of a grievance at any step of the grievance procedure.

Question 43

Article 7 Grievance Procedure

Gen Employee

Answer 43

Application to this procedure shall foreclose the grievant from appealing to any other available procedure or vice-versa.

Nothing in this Article shall require the Union to process grievances for employees who are NOT members of the Union, in conformity with Florida law.

Question 44

Article 9 Hours of Work-Overtime-Call Back

Gen Employee

Answer 44

For example, if an employee works 35 hours per week and gets paid for 40 hours because of a one (1) hour paid lunch, that employee would be paid at a straight time regular rate of pay for all extra hours that are actually worked from hour 36 through hour 40.

In other words, paid lunches are NOT considered as hours worked, and, therefore, only after working 40 hours would the employee be paid at the overtime rate.

However, an employee’s use of approved Bereavement Leave and/or Holiday pay (Article 12, Section 1) WILL BE counted as hours worked for overtime pay purposes under this Article.

Question 45

Article 9 Hours of Work-Overtime-Call Back

Gen Employee

Answer 45

Call-out on normal day off:

The only exception to Section 3 is that an employee who is called to work on his or her NORMAL day off (which shall include the Holidays that are listed in Article 12, Section 1, will be paid at ONE and ONE-HALF (1- 1/2) times the employee’s REGULAR rate of pay for the period of time that the employee actually worked, with a MINIMUM guarantee of THREE (3) hours pay.

However, employees called out MORE than ONE (1) time on the same day will receive guaranteed minimum pay for the FIRST call-out ONLY, provided that if the second call-out is more thanratified six (6) hours now = 3 hours* after the first call-out, then the employee may receive the guaranteed minimum for BOTH.

Travel time is NOT considered as actual work and shall not result in any extra pay.

Such employees WILL NOT receive the call out pay described in Section 5.

Effective on the date this 2014-2017 Agreement is RATIFIED by the City Commission, the waiting time between call-outs in this Section shall be REDUCED from six (6) to THREE (3) hours.

Question 46

Article 9 Hours of Work-Overtime-Call Back

Gen Employee

Answer 46

Call-out on regular work day outside of regular schedule:

An employee who is called to work outside the employees regular work schedule shall receive call-out pay and be paid for the actual hours worked with a minimum guarantee of three (3) hours pay at the employees regular rate of pay provided such work does not immediately extend the end of the employee’s regularly assigned work shift.

However, employees called out more than one (1) time on the same day will receive guaranteed minimum pay for the first call-out only, provided that, if the second call-out is more than **ratified six (6) hours now = three (3) hours after the first call out, then the employee will receive the guaranteed minimum for both.

Employees receiving call-out pay under this section shall not receive call out pay under Section 4.

Question 47

Article 9 Hours of Work-Overtime-Call Back

Gen Employee

Answer 47

Call-out shall only be for unscheduled work where the employee has clocked out after the completion of his/her regularly assigned work shift.

Travel time is not considered as actual work and shall not result in any extra pay.

Effective on the date this 2014-2017 Agreement is RATIFIED by the City Commission, the waiting time between call-outs in this Section shall be reduced from six (6) hours to three (3) hours.

Question 48

Article 9 Hours of Work-Overtime-Call Back

Gen Employee

Answer 48

Board secretaries will NOT be entitled to call-out pay. They WILL, however, be paid ONE and ONE-HALF (1 -1/2) times their REGULAR rate of pay for ALL hours actually SPENT at BOARD meetings OUTSIDE of their normal hours of work.

Board secretaries and any other bargaining unit employee who is assigned to work at a City Commission meeting OUTSIDE of the employee’s normal hours of work shall be paid at ONE and ONE-HALF (1.5) times their REGULAR rate of pay for ALL hours ACTUALLY worked with a ONE (1) hour minimum AT that rate.

Question 49

Article 9 Hours of Work-Overtime-Call Back

Gen Employee

Answer 49

All PERMANENT part-time employees who have satisfactorily completed ONE (1) year of employment in a position which calls for the employee to work LESS than the normal work week but AT least TWENTY-SIX (26) hours per week, SHALL receive ALL of the fringe benefits contained in this Agreement.

TEMPORARY or SEASONAL employees who have a PREDETERMINED termination date, and part-time employees who regularly work LESS than twenty-six (26) hours per week shall NOT be entitled to the fringe benefits contained in this Agreement.

Question 50

Article 9 Hours of Work-Overtime-Call Back

Gen Employee

Answer 50

Employees covered by this Agreement will receive a ONE (1) hour PAID lunch break, under terms and conditions to be established by the City.

Those terms and conditions include but are not limited to the following: Whenever a full time employee works a partial day an otherwise normal workday where the employee is scheduled for a full day of work (i.e a minimum of EIGHT hours), the employee must actually work a MINIMUM of FOUR (4) hours in order to receive a PAID lunch break.

The paid lunch hour WILL NOT count as hours worked.

Employees are NOT entitled to a paid lunch break for any work performed on a day OTHER than their normal workday.

If any employee is required to work on his or her day off, the employee would ONLY be compensated for the hours actually worked in accordance with the other sections of this Article and WILL NOT receive a paid lunch.

Question 51

Article 9 Hours of Work-Overtime-Call Back

Gen Employee

Answer 51

If an employee works more than his or her normal regularly scheduled work, then the employee would only be entitled to one (1) paid lunch hour no matter how many additional hours the employee works.

Employees are required to take their lunch hour.

An employee shall NOT work through his/her paid lunch hour unless required to work through the paid lunch hour by the employees supervisor (which MUST be approved by the department director), which shall only occur for an EMERGENCY or for the GOOD OF THE CITY, and NOT for the employees convenience.

A written authorization, signed by the department director, giving justification for the employee being required to work through lunch, must accompany the time card in order for the employee to be paid or otherwise given credit for that hour.

Employees may NOT work through lunch and leave ONE (1) hour BEFORE the end of the workday WITHOUT the written authorization of the department director.

Question 52

Article 9 Hours of Work-Overtime Call-Back

Gen Employee

Answer 52

This Article is intended to be construed only as a basis for calculation of overtime and shall NOT be construed as a guarantee of hours of work per day or per week other than Section 5.

Question 53

Article 9 Hours of Work-Overtime Call Back

Gen Employee

Answer 53

The parties agree that STANDBY compensation shall be paid and administered pursuant to the following terms:

Every employee assigned to STANDBY status by the City will be given an additional flat rate of $20.00 daily for regular work day of that employee. The standby rate for non-work days will be $25.00 daily.

The above is from a ratification indicating an increase for standby rates $20.00 for regular work days and $25.00 for “weekend/non-work days”.

Question 54

Article 9 Hours of Work-Overtime Call Back

Gen Employee

Answer 54

An employee who has been PAID “standby pay” will be entitled to KEEP that stand-by pay EVEN if the employee is actually CALLED OUT during the standby assignment.

Every employee on standby status, when called, WILL attempt to contact their supervisor TELEPHONICALLY within the following guidelines:

A. If issued a beeper- TEN (10) minutes.
B. If issued a cellular telephone- FIVE (5) minutes.

Every employee on standby status MUST report when requested to the work site. The employee will ATTEMPT to arrive at the work site within 15-20 minutes (or sooner) AFTER being notified to report. The employee MUST, in all cases, report to the work site within 30 minutes AFTER being notified to report. If an employee encounters an EMERGENCY which renders him/her INCAPABLE of responding within the required time limits,she/he will IMMEDIATELY notify their SUPERVISOR (or designee).

Question 55

Article 9 Hours of Work-Overtime Call Back

Gen Employee

Answer 55

The City WILL allocate to each employee assigned to STANDBY STATUS a TAKE HOME vehicle DURING the standby assignment.

If an employee assigned to standby status fails to report to work within the stated guidelines when summoned, that employee shall:

A. Forfeit any entitlement to standby pay for that week.

B. May be subject to possible disciplinary action, DEPENDING on the REASON/EXCUSE given by the employee.

Question 56

Article 9 Hours of Work-Overtime Call Back

Gen Employee

Answer 56

The City WILL ASSIGN employees to standby status pursuant to department needs.

The City WILL COMPENSATE each employee who has performed standby status on the City’s BIWEEKLY payroll. This will ONLY be done AFTER the department HAS submitted the PROPER DOCUMEMTS to the FINANCE DEPARTMENT.

Except as provided in this section, any employee on leave, paid or unpaid, WILL NOT be in standby status and NOT ELIGIBLE for compensation.

An employee who is assigned stand-by status for a week OR more, AND who takes APPROVED paid leave (EXCEPT SICK LEAVE) on a day DURING the period of ASSIGNED standby status, and who CERTIFIES that he/she WILL remain AVAILABLE to take calls AFTER the end of his/her regular shift on the day that the approved paid leave is used, WILL remain ELIGIBLE for standby pay, provided the employee remains assigned to standby status and subject to paragraph (6) of this Section.

An employee on standby status WHO calls in sick shall FORFEIT the standby pay and WILL NOT be called out for that day.

Question 57

Article 9 Hours of Work-Overtime Call Back

Gen Employee

Answer 57

Compensation During the Suspension of Non-Essential Services and Operations Due to Unusual or Extenuating Circumstances:

This Section addresses compensation issues in certain situations when the City SUSPENDS non-essential services and operations and non-essential City employees (as determined by the City) are RELEASED from work DURING normal business hours (Monday through Friday 9:00am-5:00pm) DUE to UNUSUAL or EXTENUATING circumstances.

Furthermore, UNLESS otherwise defined by the specific provisions of this Agreement the pay procedures defined in this Section SHALL apply.

Question 58

Article 9 Hours of Work-Overtime Call Back

Gen Employee

Answer 58

Except as provided in section (1) (d), below, upon the effective date and time that the City Manager or designee, such as the Human Resources Director, suspends/closes all or most of the City’s normal operations and releases non-essential employees (as determined by the City) from work due to unusual or extenuating circumstances, the following pay procedure shall be utilized until the effective date and time that some or all of the City’s normal operations resumed:

A) All full-time bargaining unit employees who are instructed to NOT report to work OR who are RELEASED from work WILL be paid their REGULAR wages for ALL hours NOT worked during their regular work schedule.

B) All full-time bargaining unit employees who are REQUIRED to work their regularly scheduled work hours, shall be PAID their REGULAR hourly wages for any hour(s) worked DURING this period. Additionally, such employees WILL be CREDITED with ONE (1) hour of ANNUAL leave for EACH regular hour worked to a MAXIMUM of EIGHT (8) hours per DAY.

Question 59

Article 9 Hours of Work-Overtime Call Back

Gen Employee

Answer 59

Continuation:

C) All full-time bargaining unit employees shall be paid overtime pursuant to the applicable terms of this Agreement.

D) The additional annual leave contemplated in this Section shall NOT be credited to ANY employee in cases WHERE non-essential employees ARE released from regular duties for LESS than EIGHT (8) hours, which fall within NORMAL business hours (Monday through Friday 9:00am-5:00pm.)

E) The extra compensation noted in this Section shall NOT apply to any TEMPORARY, PART-TIME or SEASONAL EMPLOYEE. Thus, any TEMPORARY, PART-TIME or SEASONAL EMPLOYEE who does NOT work will NOT receive ANY compensation for this time period, AND any TEMPORARY, PART-TIME or SEASONAL EMPLOYEE who works WILL receive ONLY their REGULAR rate of pay for ANY hours actually worked DURING this time period (UNLESS such employee actually works MORE than 40 hours in a week, in which case the employee MAY be paid the applicable OVERTIME rate of pay.)

Question 60

Article 9 Hours of Work-Overtime and Call Back

Gen Employee

Answer 60

Any employee who is ON pre-approved LEAVE or SICK leave DURING all or any portion of the unusual or extenuating circumstances, WILL NOT be entitled to ANY additional compensation for such days, and shall NOT be permitted to EXCHANGE such leave for ANY other type of leave. An employee on pre-approved leave shall NOT be able to WITHDRAW his/her leave request UNLESS such request to withdraw an approved leave request is APPROVED by a department director AND the Human Resources Director.

If an essential employee has been APPROVED for ANNUAL leave and/or FLOATING holiday and that annual leave and/or floating holiday was CANCELLED by the City DUE to an UNUSUAL or EXTENUATING circumstance covered by this Section, the affected employee WILL NOT lose any SUCH cancelled annual leave that is ABOVE the carry-over cap FOR annual leave hours as set forth in Article 11, Section 3 of this Agreement, or any such floating holiday that would otherwise be forfeited as set forth in Article 12, Section 2 of this Agreement. Instead, the annual leave and/or floating holiday MAY be CARRIED over FOR use BEFORE the end of the NEXT payroll fiscal year.

Question 61

Article 9 Hours of Work-Overtime Call-Back

Gen Employee

Answer 61

The City RESERVES the right to consider UNIQUE PAY situations as they arise THROUGHOUT the PERIOD of any such UNUSUAL or EXTENUATING circumstances. In situations DEEMED appropriate by the Human Resources Director, ADJUSTMENTS to the pay procedure in this Section MAY be made. Questions of interpretation and application of this Section SHALL be made in the SOLE and EXCLUSIVE discretion of the Human Resources Director.

Any employee who FAILS to STAY at work OR who FAILS to report to work as DIRECTED during the PERIOD of any such UNUSUAL or EXTENUATING circumstances SHALL be subject to disciplinary action, up to and including termination of employment.