(B) An employee who decides to use this Grievance Procedure shall indicate at the Oral Step or initial written step (if authorized by the provisions of this Article) whether or not the employee shall be represented by the Union. If the employee is represented by the Union any decision mutually agreed to by the State and Union shall be binding on the employee.

C) Where Union representation is authorized as provided in this Contract and is requested by an employee, the employee's representative shall be selected from the list of Stewards, Union Staff Representatives or Union Regional Directors which has been provided to the State in accordance with Article 5 of this Contract.

(1) If an employee selects a Steward to represent that employee in a grievance which has been properly filed in accordance with this Article, the Steward may be allowed a reasonable amount of time off with pay to investigate the grievance at the Oral Step and to represent the grievant at any Oral Step and Step 1 meetings which are held during regular work hours. Such time off with pay shall be subject to prior approval by the Steward's immediate supervisor; however, approval of such time off will not be withheld, if the Steward can be allowed such time off without interfering with, or unduly hampering, the operations of the unit to which the Steward is regularly assigned. The Steward's immediate supervisor will notify the grievant's supervisor prior to allowing the Steward time off to investigate the grievance.

(2) Investigations will be conducted in a way that does not interfere with State operations.

(3) As indicated in Article 5 of this Contract, the Steward in the same work location or the closest work location to the grievant's work location shall be selected to represent the employee. In no case shall a Steward be allowed to travel more than 25 miles from his official work location in order to investigate a grievance. The Union will make a reasonable effort to ensure that it trains a sufficient number of stewards in order to minimize any such travel.

(4) A Steward who has been selected to represent an employee as provided in this Article, will be considered a required participant at the Step 1 grievance meeting.

(5) An employee who files a grievance in accordance with this Article, or the designated spokesperson in a class action grievance, will be considered a required participant at the Oral Step and Step 1 grievance meetings.

(D) Both the employee and the employee's representative, if any, shall be notified of the Step 1 meeting. Further, all communication concerning written grievances or their resolution shall be in writing and a copy shall be sent to both the employee and the employee's representative.

(E) If the employee is not represented by the Union, any adjustment of the grievance shall be consistent with the terms of this Contract, the Union shall be given reasonable opportunity to be present at any meeting called for the resolution of the grievance, and processing of the grievance will be in accordance with the procedures established in this Contract. The Union shall not be bound by the decision of any grievance in which the employee chose not to be represented by the Union.

(F) The filing or pendency of any grievance under the provisions of this Article shall in no way operate to impede, delay or interfere with the right of the State to take the action complained of; subject, however, to the final disposition of the grievance.

(G) The resolution of a grievance prior to its submission in writing at Step 3 shall not establish a precedent binding on either the State or the Union in other cases.

SECTION 3 - Procedures

(A) Employee grievances filed in accordance with this Article should be presented and handled promptly at the lowest level of supervision having the authority to adjust the grievances.

(B) Once a grievance is presented, no new violation or issue can be raised.

(C) There shall be no reprisals against any of the participants in the procedures contained herein by reason of such participation.

(D) If a grievance meeting is held or requires reasonable travel time during the working hours of any required participant, such participant shall be excused without loss of pay for that purpose. Attendance at grievance meetings outside of regular working hours shall not be deemed time worked.

(E) All grievances will be presented at the Oral Step, with the following exceptions:

(1) If a grievance arises from the action of an official higher than the Step 1 Management Representative, the grievance shall be initiated at Step 2 or 3 as appropriate, by submitting a grievance form as set forth in Step 1 within 14 days following the occurrence of the event giving rise to the grievance.

(2) A dispute involving the interpretation or application of a provision of this Contract which gives a right to the Union as an employee organization may be presented by the Union as a grievance. Such grievance shall be initiated at Step 3 of this procedure, in accordance with the provisions set forth therein, within 14 days of the occurrence of the event giving rise to the grievance.

(F) Any employee who has not attained permanent status in the Career Service can only bring non-discipline grievances to Step 3 as provided for in this Article.

(G) Grievances shall be presented and adjusted in the following manner, and no one individual may respond to a grievance at more than one written step. In the event a grievance is not answered in a timely manner at the preceding step, the State agrees not to remand the grievance for the purpose of obtaining the answer without the mutual agreement of the Union.

(1) Oral Discussion

(a) An employee having a grievance may, within 14 days following the occurrence of the event giving rise to the grievance, present the grievance orally to his immediate supervisor. The immediate supervisor shall make every effort to resolve the grievance at the Oral Step, including meeting to discuss the grievance if such meeting is requested by the employee or the employee's representative or if a meeting is deemed necessary by the supervisor. The supervisor shall communicate a decision to the employee and the employee's representative, if any, within 14 days following the date the grievance is received at the Oral Step.

(b) If the grievance is not resolved by such informal discussion, the employee may, within 14 days after receipt of the decision at the Oral Step, submit a formal grievance at Step 1 of this procedure.

(c) Failure to communicate the decision within the specified time limit shall permit the employee, or the Union where appropriate, to proceed to the next step.

(d) The number of days indicated at this step shall be considered as the maximum, and every effort will be made to expedite the process. However, the time limits specified in this step of this procedure may be extended in writing provided there is mutual agreement by both sides. There shall be no retroactive extensions of time limits.

(2) STEP 1

(a) In filing a grievance at Step 1, the employee or the designated employee representative shall submit to the Step 1 Management Representative a grievance form furnished by the Union setting forth specifically the complete facts on which the grievance is based, the specific provisions or provision of the Contract allegedly violated, and the relief requested. All written documents to be considered by the Step 1 Management Representative shall be submitted with the grievance form; however, if additional written documentation is obtained after the grievance is filed, such documentation may be presented at the Step 1 meeting.

(b) The Step 1 Management Representative or his designated representative shall have a meeting to discuss the grievance and shall communicate a decision in writing to the employee and the employee's representative, if any, within 14 days following the date the grievance is received at Step 1.

(c) Failure to communicate the decision within the specified time limit shall permit the employee, or the Union where appropriate, to proceed to the next step.

(d) The number of days indicated at this step shall be considered as the maximum, and every effort will be made to expedite the process. However, the time limits specified in this step of this procedure may be extended in writing provided there is mutual agreement by both sides. There shall be no retroactive extensions of time limits.

(3) STEP 2

(a) If the grievance is not resolved at Step 1, the employee or the employee's representative may submit it in writing to the Agency Head or his designated representative within 14 days after receipt of the decision at Step 1. The grievance shall include a copy of the grievance form submitted at Step 1 and a copy of the Step 1 response, together with all written documents in support of the grievance. When the grievance is eligible for initiation at Step 2, the grievance form must contain the same information as a grievance filed at Step 1 above.

(b) The Agency Head or his designated representative may have a meeting with the employee and/or the designated Union Staff Representative to discuss the grievance. The Agency Head or his designated representative shall communicate a decision in writing within 21 days following receipt of the written grievance.

(c) Failure to communicate the decision within the specified time limit shall permit the employee, or the Union where appropriate, to proceed to the next step.

(d) The number of days indicated at this step shall be considered as the maximum, and every effort will be made to expedite the process. However, the time limits specified in this step of this procedure may be extended in writing provided there is mutual agreement by both sides. There shall be no retroactive extensions of time limits.

(4) STEP 3

(a) If the grievance is not resolved at Step 2, the Union President or the designated member of the Union President's staff, or the employee if not represented by the Union, may appeal the Step 2 decision, in writing, to the Chief Negotiator of the Department of Management Services within 14 days after receipt of the decision at Step 2. The grievance shall include a copy of the grievance form submitted at Steps 1 and 2, together with all written responses and documents in support of the grievance. The Chief Negotiator of the Department of Management Services or designated representative may have a meeting with the Union President or the designated member of the Union President's staff to discuss the grievance. When the grievance is eligible for initiation at Step 3, the grievance form must contain the same information as a grievance filed at Step 1, above.

(b) The Chief Negotiator of the Department of Management Services or designated representative shall communicate a decision in writing to the employee and the Union President or the designated member of the Union President's staff within 21 days following receipt of the written grievance.

(c) Failure to communicate the decision within the specified time limit shall permit the employee, or the Union where appropriate, to proceed to the next step.

(d) The number of days indicated at this step shall be considered as the maximum, and every effort will be made to expedite the process. However, the time limits specified in this step of this procedure may be extended in writing provided there is mutual agreement by both sides. There shall be no retroactive extensions of time limits.

(5) ARBITRATION

(a) If the grievance is not resolved at Step 3, the Union President or the designated member of the Union President's staff may appeal the Step 3 decision to Arbitration in writing within 45 days after receipt of the decision at Step 3. The appeal to arbitration shall identify the Union representative responsible for the grievance at the Arbitration level and shall include a copy of the Step 3 decision. If, at the initial written step, the Union refused to represent the employee because the employee was not a dues-paying member of the Union, the employee may appeal the grievance to Arbitration.

(b) The parties may, by mutual agreement in writing, submit related grievances for hearing before the same arbitrator.

(c) The arbitrator shall be one person from a panel of seven permanent arbitrators, mutually selected by the State and the Union to serve in rotation for any case or cases submitted.

(d) Arbitration hearings shall be held at times and locations mutually agreed to by the parties, taking into consideration the availability of evidence, location of witnesses, existence of appropriate facilities, and other relevant factors. If mutual agreement cannot be reached, the arbitration hearing shall be held in the City of Tallahassee.

(e) The arbitrator may fashion an appropriate remedy to resolve the grievance and, provided the decision is in accordance with his jurisdiction and authority under this Contract, shall be final and binding on the State, the Union, the grievant(s), and the employees in the bargaining unit. In considering a grievance, the arbitrator shall be governed by the following provisions and limitations:

1. The arbitrator shall issue his decision not later 30 days from the date of the closing of the hearing or the submission of briefs, whichever is later.

2. The arbitrator's decision shall be in writing, and shall set forth the arbitrator's opinion and conclusions on the precise issue(s) submitted.

3. The arbitrator shall have no authority to determine any other issue, and the arbitrator shall refrain from issuing any statement of opinion or conclusion not essential to the determination of the issues submitted.

4. The arbitrator shall limit his decision strictly to the application and interpretation of the specific provisions of this Contract.

5. The arbitrator shall be without power or authority to make any decisions:

a. Contrary to or inconsistent with, adding to, subtracting from, or modifying, altering or ignoring in any way, the terms of this Contract, or of applicable law or rules or regulations having the force and effect of law; or

b. Limiting or interfering in any way with the powers, duties and responsibilities of the State under its Constitution, applicable law, and rules and regulations having the force and effect of law, except as such powers, duties and responsibilities have been abridged, delegated or modified by the expressed provisions of this Contract; or

c. Which has the effect of restricting the discretion of an Agency Head as otherwise granted by law or the Personnel Rules of the Career Service System unless such authority is modified by this Contract; or

d. That is based solely upon an agency past practice or policy unless such agency practice or policy is contrary to law, the Personnel Rules of the Career Service System, or this Contract.

6. The arbitrator's award may include back pay to the grievant(s); however, the following limitations shall apply to such monetary awards:

a.  No award for back pay shall exceed the amount of pay the employee would otherwise have earned at his regular rate of pay and such back pay shall not be retroactive to a date earlier than the date of the occurrence of the event giving rise to the grievance under consideration and in no event more than the time limits permitted for initiation of the grievance.

b.  The award shall not exceed the actual loss to the grievant and will not include punitive damages.

(f) The fees and expenses of the arbitrator shall be borne solely by the party who fails to prevail in the hearing; however, each party shall be responsible for compensating and paying the expenses of its own representatives, attorneys and witnesses. Should the arbitrator fashion an award in such a manner that the grievance is sustained in part and denied in part, the State and Union will evenly split the arbitrator's fee and expenses.

(g) The Union will not be responsible for costs of an arbitration to which it was not a party.

SECTION 4 - Time Limits

(A) Failure to initiate or appeal a grievance within the time limits specified shall be deemed a waiver of the grievance.

(B) Failure at any step of this procedure to communicate the decision on a grievance within the specified time limit shall permit the employee, or the Union where appropriate, to proceed to the next step.

(C) Claims of either an untimely filing or untimely appeal shall be made at the step in question.

Article 7
DISCIPLINE AND DISCHARGE

SECTION 1 - Disciplinary Action

(A) Reductions in base pay, demotions, suspensions, and dismissals may be effected by the State at any time against any employee. Such actions against employees with permanent status in the Career Service System for disciplinary reasons shall be grievable in accordance with the grievance procedure in Article 6 if the employee alleges that the action was not for just cause. However, any reduction in base pay that is required by the Career Service System Personnel Rules shall not be grievable. It is the policy of the State that disciplinary action will be initiated in a timely manner once the State has actual knowledge of the event giving rise to the disciplinary action; therefore, the State will make a good faith effort to initiate any disciplinary action within 60 days of actual knowledge of the event giving rise to the disciplinary action. Disciplinary action shall be subject to the grievance procedure as follows:

(1) Oral reprimands shall not be grievable under the provisions of this Contract.

(2) An oral reprimand will be considered invalid under the provisions of Article 12(D) if the employee is not disciplined for the same offense during the succeeding 12 months.

(3) Written reprimands may be grieved up to Step 3 and the decision at that level shall be final and binding.

(4) A written reprimand will be considered invalid provided the employee is not disciplined for the same offense during the succeeding 24 months, and the written reprimand was not for an offense which could have resulted in the employee's dismissal.

(B) A complaint by an employee with permanent status concerning any written reprimand or employee performance appraisal which contains criminal allegations or criminal charges may be grieved through the arbitration step of the Grievance Procedure.

(C) An employee may request a Union representative be present to advise and/or assist the employee during any disciplinary investigation meeting in which the employee is being questioned relative to alleged misconduct of the employee, or during a predetermination conference in which suspension or dismissal of the employee is being considered. The purpose of the disciplinary investigation will be explained to the employee at the beginning of the meeting.

(D) If filed within 14 calendar days from the date of receipt of notice from the agency, by personal delivery or by certified mail, return receipt requested, a complaint by an employee with permanent status in the Career Service concerning a reduction in base pay, demotion, suspension, or dismissal may be grieved at Step 2 and processed through the Arbitration Step, in accordance with the Grievance Procedure in Article 6 of this Contract. Arbitration decisions shall be final and binding.

SECTION 2 - Employee Copy

Each employee shall be furnished a copy of all disciplinary entries placed in the employee's official personnel file and shall be permitted to respond thereto, and a copy of the employee's response shall be placed in the employee's personnel file.

SECTION 3 - Notice

Notice of reduction in base pay, demotion, suspension, or dismissal affecting an employee who has attained permanent status in the Career Service System shall be in accordance with the provisions of Chapter 60K-9 of the Personnel Rules of the Career Service System.

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Article 25
WAGES

SECTION 1 - Fiscal Year 2000-2001 General Wage Increases

Subject to funding in the 2000-2001 General Appropriations Act, the State agrees to implement the following pay increases for Fiscal Year 2000-2001.

(A) Effective October 1, 2000, each full-time employee shall receive a competitive pay adjustment of 2.5 percent to the employee’s September 30, 2000, base rate of pay (exclusive of any salary additives), except:

(1)  When an employee’s September 30, 2000, base rate of pay is equal to or greater than the maximum of the employee’s pay grade, the employee will be granted instead a one-time, lump-sum payment equal to 2.5 percent of their September 30, 2000, annual base rate of pay.

(2) When an employee’s base rate of pay is less than the maximum of the employee’s pay grade, the portion of the increase that exceeds the maximum shall be granted instead in a one-time, lump-sum payment.

(B) An employee on leave without pay on October 1, 2000, shall receive the October 1, 2000, increase effective the date the employee returns to pay status. An employee with a Performance Improvement Plan in effect on October 1, 2000, shall receive the increase when a Review and Performance Planning form has been completed indicating the employee is achieving the performance standards/expectations of the position. In no case shall the increase or payment be retroactive.

(C) Eligible part-time employees shall receive the applicable salary increase payment effective October 1, 2000, except the increase will be prorated based on the full-time equivalency of the employee’s position.

(D) The minimum and maximum of each pay grade shall be adjusted upward to reflect the above-cited increases effective October 1, 2000.

SECTION 2 -Pay Provisions

Based on an agency's determination that sufficient funds and salary rate are available, the State and the Union agree:

(A)  If an agency grants an increase to an employee's base rate of pay, the increase shall be in accordance with the provisions of Chapter 60K-2 of the Career Service Personnel Rules. If an agency determines that an increase to base rate of pay is to be granted based on one of the below-categories, the following amounts of increase shall be granted:

(1) Superior Proficiency - Up to 15%

(2) Added Duties and Responsibilities - Up to 15%

(3) Education and Training - Up to 15%

(4) Reassignment - Up to 15%

(5) Transfer - As necessary and within the funds available

(6) Competitive Job Offer - Up to an amount to be competitive

(7) Internal Pay Relationships - As necessary and within the funds available

(B) The State may approve salary additives in accordance with the provisions of Chapter 60K-2 of the Career Service Personnel Rules.

The following additives may be approved by the Department of Management Services subject also to the provisions, if any, of this Agreement:

(1) Competitive Area Differential

(2) Shift Differential

(3) On-Call

An agency may assign one (1) or more of the below-categories of duties to an employee. If an agency grants a salary additive to an employee, the following amounts of increase shall be granted:

(4) Leadworker - Up to 10% of the pay grade minimum

(5) Coordinator - Up to 15% of the pay grade minimum

(6) Temporary Special Duty - Up to 15% of the employee's base rate of pay

(7) Trainer - Up to 15% of the pay grade minimum

(8) Hazardous Duty - Up to 15% of the pay grade minimum

(C) Subject to the requirement of Section 216.181(9)(b), Florida Statutes, an agency may approve non-recurring lump-sum bonus payments in accordance with the provisions of Rule 60L-18 for one (1) or more of the below-categories.

When an agency grants a lump-sum bonus payment, such payment shall be for the following amounts:

(1) Career Commitment - Up to $2,500

(2) Education and Training - Up to $1,000

(3) Special Project - Up to $1,000

(D) If an agency elects to grant an increase, additive, or lump-sum payment higher than the amounts listed in Paragraphs A, B, and C above, the Union will be notified.

(E) This section shall not be applicable to the Florida Department of Transportation (DOT) Model Classification and Pay Plan.

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FISCAL YEAR 1999 – 2000 SUPPLEMENTS