Local 1279 Contract 2017-2020

AGREEMENT
BETWEEN
THE CITY OF JACKSONVILLE
AND THE
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES
FLORIDA COUNCIL 79

OCTOBER 1, 2017 - SEPTEMBER 30, 2020

TABLE OF CONTENTS

ARTICLE....................................................................................................................PAGE

PREAMBLE....................................................................................................................................... 3 ARTICLE 1: UNION RECOGNITION ................................................................................................ 4 ARTICLE 2: UNION SECURITY ......................................................................................................... 5 ARTICLE 3: UNION RIGHTS ............................................................................................................. 8 ARTICLE 4: MANAGEMENT RIGHTS AND SECURITY ..................................................................... 9 ARTICLE 5: PERFORMANCE PARTNERSHIP .................................................................................. 11 ARTICLE 6: SPECIAL MEETINGS.................................................................................................... 12 ARTICLE 7: UNION ACTIVITY........................................................................................................ 13 ARTICLE 8: BULLETIN BOARDS...................................................................................................... 16 ARTICLE 9: HOURS OF WORK AND OVERTIME PAYMENT .......................................................... 18 ARTICLE 10: WAGES ..................................................................................................................... 26 ARTICLE 11: EMPLOYEE BENEFITS ................................................................................................ 37 ARTICLE 12: PAID TIME FOR CIVIC DUTY .................................................................................... 43 ARTICLE 13: SAFETY AND HEALTH ............................................................................................... 45 ARTICLE 14: INJURY-IN-LINE-OF-DUTY ....................................................................................... 47 ARTICLE 15: CAREER DEVELOPMENT PROGRAM ....................................................................... 48 ARTICLE 16: JOB POSTING........................................................................................................... 50 ARTICLE 17: REVIEW OF ASSIGNED DUTIES................................................................................. 51 ARTICLE 18: DISCHARGE AND DISCIPLINE................................................................................. 53 ARTICLE 19: GRIEVANCE PROCEDURE ....................................................................................... 56 ARTICLE 20: HOLIDAYS ................................................................................................................ 63 ARTICLE 21: BEREAVEMENT LEAVE.............................................................................................. 66 ARTICLE 22: MILITARY LEAVE....................................................................................................... 68 ARTICLE 23: PERSONAL LEAVE (PLAN E)..................................................................................... 69 ARTICLE 24: PERSONAL LEAVE (PLAN H) .................................................................................... 74 ARTICLE 25: ALCOHOL & DRUG ABUSE POLICY AND PROCEDURES........................................ 78 ARTICLE 26: LIMITED EMERGENCY .............................................................................................. 83 ARTICLE 27: SEVERABILITY ........................................................................................................... 85 ARTICLE 28: RESIDUAL RIGHTS CLAUSE....................................................................................... 86 ARTICLE 29: ENTIRE AGREEMENT................................................................................................. 87 SALARY SCHEDULE....................................................................................................................... 88 APPENDIX A ................................................................................................................................. 90 APPENDIX B - PREAMBLE............................................................................................................. 95 ARTICLE B-1: ARTICLES ADOPTED BY REFERENCE ...................................................................... 96 ARTICLE B-2: GRIEVANCES AND SEPARATIONS ........................................................................ 97 ARTICLE B-3: HOLIDAYS............................................................................................................... 98 ARTICLE B-4: HOURS OF WORK AND OVERTIME PAYMENT ...................................................... 99 ARTICLE B-5: WAGES ................................................................................................................. 100 ARTICLE B-6: INJURY IN LINE OF DUTY...................................................................................... 101 ARTICLE B-7: INSURANCE AND BENEFITS ................................................................................. 102 ARTICLE B-8: JURY AND WITNESS DUTY .................................................................................... 103 ARTICLE B-9: MILITARY LEAVE ................................................................................................... 104 ARTICLE B-10: BEREAVEMENT LEAVE ........................................................................................ 105 ARTICLE B-11: INTERNAL RECRUITMENT.................................................................................... 106 ARTICLE B-12: MATTERS NOT ADDRESSED ................................................................................ 107 APPENDIX C ............................................................................................................................... 108 INDEX .......................................................................................................................................... 109

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

PREAMBLE

This Agreement is entered into between the City of Jacksonville (the Employer), and AFSCME Florida Council 79, (the Union). The intent of the parties and purpose of this Agreement are to assure sound and mutually beneficial working and economic relationships between the parties, to provide an orderly and peaceful means of resolving any misunderstandings or differences which may arise, and to set forth basic and full agreement between the parties concerning rates of pay, wages, hours, and other terms and conditions of employment.

There are and shall be no individual arrangements contrary to the terms herein provided.

It is mutually understood and declared to be the public policy of the Employer and the Union to promote harmonious and cooperative relationships between theEmployer and its employees and to protect the public by assuring at all times, the orderly and uninterrupted operations and functions of government.

The Employer and the Union recognize the moral principles involved in the area of civil rights and affirm by this Agreement their commitment not to discriminate because of race, religion, color, age, sex, disability, or national origin.

The Union supports federal, state and local laws requiring affirmative action to ensure equal employment opportunity.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE 1: UNION RECOGNITION

Pursuant to and in accordance with all applicable provisions of Chapter 447, Florida Statutes, the Employer recognizes the Union as the exclusive collective bargaining representative for those employees in the defined bargaining unit (commonly known as the Non-Professional employees) for the purpose of bargaining collectively in the determination of the wages, hours, and terms and conditions of employment of the public employees within the bargaining unit covered by PERC certification number 1478 issued May 11, 2004.

“Employee” shall be defined to include all classified employees who are employedby the City of Jacksonville, whose classifications appear on the attached Appendix A or others that may be added as needed. The term “employee” shall also refer tothose employees designated as temporary or special purpose, employees who hold the same classification and work the same hours under common supervision as the employees listed in Appendix A. The temporary or special purpose employees referred to in this Article are subject to the terms and conditions of employment set out in Appendix B of this Agreement. The term "temporary employee" as used in this Article is not the same as the labor law term of art "temporary employee" which traditionally refers to employees who have no reasonable expectation of continued employment, usually receive no benefits other than an hourly wage, and are traditionally excluded from bargaining units of regular employees.

Specifically excluded from the term “employee” are: Department Heads; DivisionChiefs; Agency Heads; Managerial and Confidential Employees within the meaning of 447.203 (4) and (5), Florida Statutes; School Crossing Guards; Part-Time Trial Court Clerks; Seasonal or Casual Employees (defined as: (a) those employees working 120 days or less per year, or (b) those employees who work more than 120 days a year, but who average less than 15 hours per week when they do work, or (c) those employees paid a salaried stipend to perform a limited function when needed); any employee who is contracted to do a specific task with a limited purpose for a designated and limited period of time; those employees, including but not limited to police officers, fire fighters, professional employees as defined by Chapter 447, Florida Statutes, supervisory employees, and other employees who are covered by other certified bargaining units.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE 2: UNION SECURITY

  1. 2.1  Public employees have the right to form, join or assist labor unions or labor organizations or to refrain from such activity, to bargain collectively through representatives of their choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection.

  2. 2.2  The President of AFSCME, Florida Council 79, or an alternate officially designated in writing, will be the official spokesperson for the Union in any matter between the Union and the Employer.

  3. 2.3  The Employer will provide information to the Union and bargaining unit employees as follows:

    1. If prepared and supplied by the Union, the Employer will give each newly-hired bargaining unit employee an envelope, which will provide the employee with a greeting, the name, address, and phone number of the Union and notify the employee that he or she may call the Unionfor additional information. The Employer will provide the notification referred to in this paragraph during the new employee orientation period for new employees.

      The Union will be allocated reasonable time at the new employee orientation for the purpose of informing employees in the AFSCMEbargaining unit of AFSCME’s role as certified bargaining agent for theunit. The Employer will notify the Staff Representative, Local UnionPresident and Local Vice President of the scheduled orientation. The Local Union President, Staff Representative, or designee, may attend the new employee orientation.

    2. The Employer will notify the Union of all persons hired into job classifications represented by AFSCME.

    3. Where employees do not have portal access in their work area during working hours, the Employer will place one copy of this Agreement in each work location.

    4. The Employer will post an electronic copy of this Agreement on theCity’s Employee Portal for reference by employees and supervisors.

    5. On a quarterly basis, or as requested, the Employer will provide theUnion with a list of all employees in positions within the assigned to bargaining unit via electronic mail in a Microsoft Excel spreadsheet format, sorted alphabetically by employee last name, and shallinclude the employee’s name, job title, department and division, duesdeduction code (Y = dues deduction, N = no dues deduction), job code, employment date, pay grade, home address/phone (if not protected) and annual base salary. The list shall be provided at no cost.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

  1. The Union has been provided with a copy of departmental policies and work regulations.

    Copies of new or revised departmental policies or work regulations such as new shifts and work schedules, and other policies andprocedures that affect employees’ terms and conditions ofemployment, will be provided to the Union prior to implementation. Any policy that will affect civilian bargaining unit employees in JSO and JFRD will be noticed to the Union as set forth in this provision.

  2. The Employer will post all departmental policies and work regulations in appropriate areas.

2.4 A.
B. 
Requests for dues deduction or revocation of dues deduction will be

Upon receipt of a written authorization from the Union, the Employerwill deduct union dues and uniform assessments from a bargaining unit employee's pay.

processed on the next available payroll.

C. No deduction shall be made from an employee’s pay for any payrollperiod in which the employee's net earningsare less than the amount of dues to be deducted.

  1. Authorized dues will be deducted in every pay period in the fiscal year.

  2. Deductions for Union dues and/or uniform assessments shall continue until one of the following occurs:

    1. (1)  the employee revokes his/her authorization for dues deduction by submitting a signed revocation form to the Payroll Section with a copy to the Union; or

    2. (2)  the authorization for dues deduction is revoked pursuant to Section 447.507, Florida Statutes; or

    3. (3)  the employee terminates employment with the City; or

    4. (4)  the employee transfers, promotes or demotes out of the

      bargaining unit; or

    5. (5)  the Union is no longer certified to represent employees in the bargaining unit.

Net earnings shall mean earnings after required deductions are made for federal taxes, social security, pensions, credit union, and health and life insurance.

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F. (1)

The Union will certify changes in the Union membership dues rate to the Employer in writing over the signature of the authorized officer(s) of the Union, at least thirty (30) days in advance of the effective date of any change.

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

  1. (2)  The Employer will remit collected dues to the Union no later than the tenth (10th) day of each month following their deduction.

  2. (3)  The Employer’s remittance will be deemed correct if the Uniondoes not give written notice to the Employer within two (2) calendar weeks after a remittance is received, of its belief that the remittance is incorrect, with reason stated therefore.

  3. (4)  The Employer will notify AFSCME Council 79 of all additions to and deletions from the dues deduction roster within two weeks following the close of each pay period.

  4. (5)  The Union will indemnify, defend, and hold the Employerharmless, against any claim made and against any suit instituted against the Employer on account of any deductions for Union dues or uniform assessments.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE 3: UNION RIGHTS

The Employer and the Union recognize that it is in the best interest of both parties, the employees, and the public for all dealings between them to be characterized by mutual responsibility and respect, and acknowledge with this Agreement that a bond of common interest exists and is a basis for the development of sound Union-Management cooperation to promote the business of government and the welfare of its employees. The Union recognizes that in consideration of the commitments undertaken by the Employer in this Agreement, every employee is obligated to give honest, efficient, and economical service in the performance of his/her duties. To insure that this relationship continues and improves, the Employer and the Unionand their respective representatives at all levels will apply the terms of this Agreement fairly in accordance with its intent and meaning and consistent with theUnion's status as exclusive bargaining representative of all employees as defined in Article 1 of this Agreement. Each party shall bring to the attention of all employees in the unit, including new employees, their duty to conduct themselves in a spirit of responsibility and respect. To ensure adherence to this purpose, the parties shall also make all employees aware of the measures to which they have agreed.

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4.3 A.

No employee organization shall directly or indirectly pay any fines or penalties assessed against individuals pursuant to the provisions of this article.

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE 4: MANAGEMENT RIGHTS AND SECURITY

Chapter 447, F.S. bestows certain rights on all parties to the collective bargaining process. This Article reaffirms certain of those rights that are granted to theEmployer.

  1. 4.1  In accordance with this Agreement and Chapter 447, F.S., the Union and its officers, agents, and members agree that they shall have no right to instigate, promote, sponsor, engage in, or condone any strike, slow-down, concerted stoppage of work, intentional interruption of Employer operations, or similar activities during the term of this Agreement, for any reason.

    Management has the right to discharge or otherwise discipline any employee(s) who violate this provision. Only the factual question of whether the employee(s) to be discharged or disciplined violated the provision prohibiting strikes, slow-downs, concerted stoppages of work, intentional interruptions of Employer’s operations, or similar activities may be raised in any proceeding (grievance, judicial or other) that contests the Employer’saction.

  2. 4.2  The Union, its representatives, agents, members, and any persons acting on their behalf, agree that the following "other unlawful acts" as defined in Chapter 447, F.S., are expressly prohibited:

    1. Soliciting public employees during the working hours of any employee who is involved in the solicitation.

    2. Distributing union literature during working hours in areas where the actual work of public employees is performed, such as offices, warehouses, police stations, fire stations, and any similar public installation. This Article shall not be construed to prohibit the distributionof literature during the employee’s lunch hour or in areas not specifically devoted to the performance of any employee’s officialduties.

B. Notwithstanding other provisions of this Agreement, an employee who is found to have violated any provision of this Article may be discharged or otherwise disciplined by the Employer.

4.4 ADA Compliance (as amended)

The parties recognize that the Employer is required to comply with the Americans with Disabilities Act as amended, and nothing in this Agreement shall be construed to prevent the Employer from carrying out this obligation.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

Any claimed violation of this provision shall not be subject to arbitration. If the parties cannot resolve the matter using the grievance procedure, the employee may refer the matter to the appropriate governmental agency.

The Employer agrees to review all reasonable accommodation requests pursuant to federal, state or local laws and statutes. Further, the Employeragrees to provide all reasonable accommodations pursuant to federal, state and local laws or statutes.

The parties further agree that all provisions of this Agreement shall be applied equally to all employees covered by it.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE 5: PERFORMANCE PARTNERSHIP

There is a mutual commitment to continually improve operating systems and customer service; introduce high performance work practices; increase employee involvement in decision making; establish a bench marking process; and provide bargaining unit employees with increased participation in decisions concerning their working conditions and quality of work life.

Efforts will include, but not be limited to:

 Employee empowerment
 Development of work teams for the systematic study and improvement of

work processes
 Continuous improvement of work processes through training initiatives such

as Skillsoft.
 Improvement of system performance measures
 Development of workforce skills
 Development of effective workforce diversity strategies Development of effective conflict resolution processes

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE 6: SPECIAL MEETINGS

  1. 6.1  The Chief of Employee and Labor Relations or his/her designee and theUnion agree to meet and confer on matters of interest upon the written request of either party. The written request shall state the nature of the matters to be discussed and the reason(s) for requesting the meeting. Discussion shall be limited to matters set forth in the request, or other subjects mutually agreed to, but it is understood that these special meetings shall not be used to renegotiate this Agreement. Such special meetings shall be held within ten (10) calendar days of the receipt of the written request and at a time and place mutually agreeable to the parties. The Union shall have the right at these special meetings to recommend to the Chief of Employee and Labor Relations or his/her designee corrections of any inequities known to theUnion.

  2. 6.2  The Union recognizes that it is the City’s objective to provide services to itscitizens and taxpayers through the most efficient and cost-effective means possible. From time to time, this may require evaluations of alternative means of providing such services, including contracting with external providers.

    The City recognizes that the Union desires to make bargaining unit employees competitive with external providers of such services where possible.

    Accordingly, once a function has been identified as a candidate for outsourcing, the City agrees to permit the Union an opportunity to present options for more efficient and/or cost-effective service provision by bargaining unit employees.

    This provision shall not apply to situations in which funding is discontinued by an external source such as the state or federal government.

    No bargaining unit employee shall be transferred, reassigned, or demoted, have his/her work week reduced, or be laid off, as a result of the contracting out of any of its present work or services, except as provided for in the Civil Service and Personnel Rules and Regulations.

  3. 6.3  Should there be any proposed changes in the corporate structure that will have an impact upon the wages, hours, or terms and conditions of employment of the employees in the bargaining unit (as that term is understood in Florida public sector labor relations), the Employer will negotiate the impact of those proposed changes in accordance with Chapter 447, Part II, Florida Statutes.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE 7: UNION ACTIVITY7.1 Stewards and Representation

  1. The employees covered by this Agreement will be represented by stewards, one of which will be designated as the Chief Steward. A steward assigned to more than one geographical location will be considered a roving steward to function properly under the stewardship procedure. A written list of stewards and alternates will be submitted to the Employer, together with the specific areas in which they will function, annually by January 31st of each year. The alternate steward will only become active in the event of the physical absence of the regular steward and upon prior notification by the Union. Alternate Stewards are subject to the same rules and regulations that govern the conduct of stewards. For the purpose of this agreement and unless otherwise addressed in this agreement, the use of the word steward shall also refer to the Chief Steward.

  2. The Employer recognizes and shall work with the appropriate Unionstewards and representative of AFSCME Florida Council 79 in matters relating to grievances and interpretation of this contract, including promoting harmonious working relationships. Manpower and workflow permitting, the Local Union President (or designee) or the Chief Steward may be permitted to assist other Stewards in matters of complexity or when a new steward is in the training process with the local Union.

  3. Union stewards shall be active employees as designated by AFSCME Florida Council 79 and shall be members of the bargaining unit.

  4. Union representatives and stewards are subject to the same rules of the City of Jacksonville and its Independent Agencies as are all other public employees, except as specifically outlined in this Agreement.

  5. While on leave of absence, no employee shall function as a Unionsteward without mutual consent of the Union and the Employer.

  6. A written list of Union stewards and officers shall be furnished to theEmployer prior to the effective date for their assuming duties of office. AFSCME Florida Council 79 shall notify the Employer promptly of any changes of such Union stewards. No Union steward shall perform anyUnion work unless the Union has complied with this requirement.

  7. Union steward shall be granted time off during working hours without loss of pay to investigate and settle grievances on the job site which is within his/her jurisdiction. The steward must secure approval from his/her immediate supervisor prior to performing such duty. The steward receiving time off under this provision shall record his/her time

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

before leaving the job and upon returning. When entering the area of a supervisor other than his/her own, the steward shall notify that supervisor of his/her presence and purpose.

A steward will only be granted time off under this provision when requested by an employee in the bargaining unit for assistance with a grievance, or when requested by the Union in writing. Stewards may receive and discuss grievances of employees on the premises or in the field during working hours, to the extent that such discussions do not interfere with the work of other employees. Union stewards shall not conduct any grievance work on overtime or holiday time except in emergency situations. It is acknowledged that only one (1) steward will work on grievances from any employee, unless a variance to 7.1(B) is approved. A Union officer may substitute for a Union steward for all purposes set forth in this paragraph.

  1. 7.2  Nothing in this Agreement shall prevent any employee from presenting, at any time, his/her own grievances, in person or by legal counsel to theEmployer, or from having such grievance adjusted without the intervention of the bargaining agent, if the adjustment is not inconsistent with terms of the collective bargaining agreement when in effect, and if the bargaining agent has been given reasonable opportunity to be present at any meeting called for the resolution of such grievance.

  2. 7.3  Employees designated in the bargaining unit shall have the right to join, or to refrain from joining, the Union, to engage in lawful concerted activities for the purpose of collective bargaining or negotiation or any other mutual aid and protection, and to express opinions related to the conditions of employment, all free from restraint, discrimination, intimidation, or reprisal because of thatemployee’s membership or lack of membership in the Union or by virtue ofthat employee’s holding office or not holding office in the Union. This provision shall be applied to all employees in this bargaining unit.

    In employment, job assignment and employee/employer relations, no procedure shall discriminate against any employee on the basis of age, disability, sex, race, creed, national origin, or marital status.

  3. 7.4  The Union shall neither actively solicit grievances nor collect Union monies onEmployer property.

  4. 7.5  Officials of the Union, as designated in Article 1 of this Agreement may, with proper authorization, which will not be unreasonably withheld, be admitted to the property of the Employer. Officials as designated above shall be able to talk with employees before or after regular working hours or during lunch hours of said employees on Employer property in areas mutually agreed on by the Union and the Employer.

  5. 7.6  The Local Union President or one alternate officially designated by the Local 14

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

Union President shall be granted reasonable time off during working hours without loss of pay for the purpose of attending to appropriate Unionactivities requiring his/her presence. This shall not be interpreted to limit theUnion to the resolution of only one issue at a time City wide, but is intended to limit the number of Union representatives being granted time off to attend to a single specific issue. The local Union President or alternate must secure approval from his/her immediate supervisor prior to performing such duty. In situations where Union representatives are required simultaneously at more than one meeting, the Union President may request the Chief of Employee and Labor Relations to authorize release of up to two additional Unionrepresentatives, subject to operational needs.

  1. 7.7  Arrangements will be made for officers or an accredited representative of the Union to be admitted to the property of the Employer during working hours for the purpose of ascertaining whether or not this Agreement is being observed by the parties, provided such visitation is not disruptive to the work force. When an area or building belonging to the Employer is not normally open for visitation, then the Employer shall provide a responsible escort to that Union Officer or accredited representative; provided, this service must be arranged by the Union in advance of the visitation.

  2. 7.8  Due to the large number of employees represented by AFSCME Florida Council 79, two (2) members of the Union, elected to local Union positions or selected by the Union to do Union work, may upon written request of theUnion, and when approved by the Employer, subject to applicable CivilService and Personnel Rules and Regulations governing employees’ rightsand benefits, be granted a leave of absence without pay for a period of one (1) year, which may be extended during the term of this Agreement, and upon expiration of the leave, shall be re-employed into their previous position or a comparable position. Any special assignments are not guaranteed upon return. It is understood that employees taking this leave will not accrue or maintain benefits as provided for by the City of Jacksonville during the period of their leave (for example: healthcare, annual leave, pension, etc). It is understood that employees taking leave under these conditions must be reasonably available through the union office for consultation with the City.

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8.1 A.

ARTICLE 8: BULLETIN BOARDS

The Union shall be provided adequate space on bulletin boards, including at least one (1) at each location so designated by theEmployer. Bulletin boards will be located in employee break rooms or other non-public areas. The Union may, if it so desires, provide a bulletin board of standard size for its exclusive use, in keeping with the decor of the above locations, and with the approval of the Employer.

8.2 A.

The Union agrees that it shall use its space on bulletin boards provided for in Article 8.1 above, and the union electronic bulletin board section on the Employee and Labor Relations page of the City portal may be used for the following purposes:

  •   Notices of Union Meetings

  •   Notices of Union Elections

  •   Reports of Union Committees

  •   Rulings and Policies of the Union

  •   Recreational and Social Affairs of the Union

  •   Union Bulletins or other information conforming to Section 8.3

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

B. In addition, the Union will be provided an “electronic bulletin board”established on the City of Jacksonville Employee Portal web site for centralized posting of approved materials. The Union president or designee may initiate request to post.

  1. Any notice or other information that is date-specific shall include the date by which the notice or information will be removed from the electronic bulletin board.

  2. Any conforming notices posted shall only be removed by a representative of the Union or as provided in Articles 8.3 and 8.4 of this Agreement.

8.3 No material, notices, or announcements shall be posted by the Union which contains anything adversely reflecting upon the City of Jacksonville, its officials, managers, consultants or agents, its independent agencies, its employees, or any other labor organization. Any proven violation of this Article by the Union shall entitle the Employer to cancel immediately the provisions of this Article and remove the posting in violation.

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8.4 A.

8.5

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

Notices or other information intended for electronic posting shall be submitted on acceptable electronic medium to the Chief of Employee and Labor Relations or his/her designee for approval as to compliance with Article 8.3 before being posted. Notices or other information intended for electronic posting shall include a specific date on which the notice or information is to be automatically deleted from the electronic bulletin board. Approved materials will be posted electronically as soon as practicable.

  1. To access City facilities to update information on regular bulletin boards, AFSCME shall contact the Chief of Employee and Labor Relations or designee to make arrangements to do so.

  2. Where bulletin boards are locked, or otherwise inaccessible, theEmployer shall notify the assigned Union steward of the procedure for obtaining access. This procedure must provide the steward or other representative access to the bulletin board within a reasonable time after the request for access.

Alleged abuse of the bulletin boards will be a matter for a special meeting or conference between the proper official of the Union, the Chief of Employee and Labor Relations or his/her designee, and the appropriate member of the agency involved. Such meeting or conference shall be held within one (1) working day after receipt of a written complaint by either the Employer or the Union that a violation exists.

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9.2 A.

Definition of “Work Schedule”

A schedule consists of assigned work hours within a shift or non-shift designation. There are four major work schedule blocks as follows:

  •   Morning Schedule – start time between 4:00 a.m. and 11:59 a.m.

  •   Afternoon Schedule – start time between 12:00 p.m. and 5:59 p.m.

  •   Evening Schedule – start time between 6:00 p.m. and 11:59 p.m.

  •   Night Schedule – start time between midnight and 4:00 a.m.

    Schedules as defined herein do not affect employees’ entitlement toshift differential.

    An employee assigned to a work schedule may have different reporting times on different days so long as the start times are all within the same schedule. For example, an employee assigned to a morning schedule may report at 9:00 a.m. three days in a week and at 10:00 a.m. on two days within the same week. Article 9.4(B) shall not applyto start time changes within the same “schedule” as defined in thisArticle.

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE 9: HOURS OF WORK AND OVERTIME PAYMENT9.1 Each employee is assigned to either a shift or non-shift schedule.

  1. A shift is:

    1. (1)  a work schedule that changes on a regular and rotating basis;

      or

    2. (2)  a fixed work schedule with a start time after 11:59 a.m. and before 4:00 a.m.

  2. A non-shift is a work schedule that does not change on a regular and rotating basis with a start time after 4:00 a.m. and before 11:59 a.m.

B. “Non-Shift” Work Weeks and Work Schedules

  1. (1)  Five (5) eight-hour days, Monday through Friday;

  2. (2)  Employees assigned to an odd work week which shall consist of five (5) days which may begin on any day. Except where mutually agreed to by the employee and the department head, such work days shall be consecutive;

  3. (3)  Departments with six (6) or seven (7) day operations, may have different shift configurations;

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

  1. (4)  Four (4) ten (10) hour days. Employees assigned to the ten (10) hour day will have varied work days and non-work days;

  2. (5)  Twelve (12) hour days. Employees assigned to the twelve (12) hour day will have varied work days and non-work days;

  3. (6)  Five (5) seven (7) hour days worked may be used for Program Aides if needed.

9.3 Changes to Schedules and Shifts

  1. Shift Assignments

    Employees provide service to the City’s citizens. In assigningemployees to a workweek as provided in Article 9.2, the Employer shall determine staffing, work schedules, and any special requirements for each assignment. The Employer shall notify the Union at least ten (10) working days in advance of any overall schedule changes. Thisprovision does not apply to changing an employee’s assignment fromone existing schedule to a different existing schedule. For example anemployee’s assignment can change from working five (5) eight hourdays to working four (4) ten (10) hour days without notifying the Union.

  2. New Schedules

    1. (1)  Nothing in this Agreement shall limit the Employer from creating new work schedules or work weeks not described in Article 9.2, provided that the Union is given the opportunity to bargain the impact of any such change. Except as provided by law, proposed changes with identified impact on wages, hours and terms and condition of employment will not be implemented until negotiations have been completed in accordance with Chapter 447 Part II, Florida Statutes.

    2. (2)  Before implementing a new schedule not described above in Articles 9.1 or 9.2 above, the Employer will meet with the Unionto discuss the proposed method(s) by which employees shall be selected for the new schedule(s) using the provisions of Article 5:

(a) (b) (c)

if mutually agreed upon, such selection methods shall be reduced to writing; or

if the Employer is unable to obtain sufficient employees by the agreed-upon method of selection; or

if the parties are unable to agree upon the method of selection, the Employer shall select employees for the new schedule.

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9.4

(3) Notice

The Employer will give an employee at least ten (10) working days’ notice before changing his or her regular work schedule. The ten (10) days’ notice shall not be required in an emergency.

Note: For purposes of this article, “working days” is as defined in theCivil Service and Personnel Rules and Regulations.

Individual Work Schedule Assignments

  1. Posting of Work Schedules

    For functional units that post schedules, work schedules showingemployees’ shifts, work days, and hours will be posted on appropriatebulletin boards not less than ten (10) days in advance, and will reflect at least a two (2) week work schedule. The Employer will make a good faith effort to post a one (1) month schedule. The Employer shall determine staffing, schedules of work, and the special requirements of each assignment.

    However, with prior written approval of the supervisor(s), and provided there is no detriment to the Employer, employees may agree to exchange days or shifts on a time-limited basis.

  2. Weekend Work on Rotating Shifts

    When work schedules are rotated, the Employer shall equalize weekend work among employees in this bargaining unit working in the same functional unit, and shall grant at least one weekend off per month to each employee, whenever this can be accomplished without interfering with efficient operations.

  3. Limitation on Working Multiple Shifts in the Same Week

    Except in emergencies, employees will not be required to work more than two (2) different shifts in a work week.

(1) Shift Assignment for Employees other than Jacksonville Sheriff's Office (JSO)

(a) In areas, sections, and departments where there are non- rotating shifts, an employee may request a change of shift in writing. Forms required will be provided by theEmployer, and shall be dated and signed by the department head or designee, and by the employee making the request. The employee shall be furnished a copy of the signed request form. The employee’s written

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request will be kept on file indicating the shift requested. When a vacancy occurs and two or more employees in the same class have requested that shift, or when shift assignments are made or requested by the Employer, the following factors will be used to determine shift assignments:

  1. (i)  Length of service with the Employer for employees whose request has been on file for at least twenty (20) days prior to the vacancy occurring.

  2. (ii)  Whether or not the efficiency and competency of the shift the employee now works will be unduly compromised if such requested transfer is made.

(b) The Employer shall not unreasonably deny an employee’srequest for transfer to another shift. If there are insufficient volunteers, the Employer shall assign the least senior qualified employee.

(2) Shift Assignment for JSO Employees

  1. (a)  Management will designate the staffing structure. Employees will bid for positions and bids will be orderedbased upon employees’ date of employment in a Citycivil service classification, which will be obtained from the official personnel file in the JSO Personnel Division. Time connections will not be considered in determining the date of employment.

  2. (b)  Once employees have been assigned to shifts, requests for mutual exchange of shifts between two (2) employeesin the same class will be considered at management’sdiscretion. Such requests for mutual exchange of shiftsshall not constitute a “vacancy.” Nor shall requests formutual exchange of shift undermine the bidding process by routinely allowing senior employees to trade shifts to junior employees in exchange for consideration. Notwithstanding the above, and provided there is no penalty to the JSO, and the efficiency and competency of the shift are not affected, employees of the same class may, with prior written approval of Management, agree to exchange shifts on a time-limited basis.

  3. (c)  Future shift openings will be posted and bid as vacancies occur. In the event a vacancy cannot be filled through the bid process, the least senior employee will be selected.

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9. 5

(d) Management reserves the right to transfer an employee to ensure the efficiency and competency of the affected units. This is not intended to negate the seniority system. The Union will be notified as soon as a decision is made, but not later than implementation of this subsection.

Authorizing, Scheduling and Paying for Overtime Work

  1. Authorization of Overtime

    1. (1)  No employee may authorize overtime for himself/herself, but shall be paid for overtime worked as authorized by his/her supervisor.

    2. (2)  Management shall determine the necessity for overtime work, and employees are obliged to work overtime as assigned. It is the Employer’s responsibility to distribute the opportunity for overtime work equitably among employees in the classifications normally performing the same types of work in each assigned shift, crew, or work area. Equitable distribution of the opportunity for overtime work should not be the cause of increased cost or operational delays. The Employer recognizes that it may be inconvenient for an employee to work overtime at certain times, and will fairly consider each request for relief from overtime.

    3. (3)  Overtime records of the Employer shall be made available toUnion officials when requested to resolve a question involving distribution of overtime.

    4. (4)  Nothing in this article shall require overtime payment for hours not actually worked.

    5. (5)  When the need exists to work Fire Rescue Communications Officers (FRCO) at JFRD multiple mandatory overtime vacancies within a 24 hour period, the openings will be first filled by volunteers and if no volunteers exist, the openings will be filled by inverse seniority. This provision does not apply during declared local emergencies.

  2. Payment for Overtime

    1. (1)  Except as otherwise specified, overtime will be paid at the rate of time-and-one-half (1-1/2) for all hours actually worked in excess of forty (40) hours per work week for which overtime compensation has not been previously paid.

    2. (2)  Double time shall be paid for continuous hours worked in excess of sixteen (16).

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  1. (3)  All compensated leave except annual leave and parental leave will be considered time worked in the calculation of the 40 hour threshold.

  2. (4)  Except as provided for in Article 9.5(C), compensation for overtime shall be in the form of cash.

  3. (5)  Premium overtime payments shall not be duplicated for the same hours under any of the terms of this Agreement.

The parties recognize the financial uncertainties exist during the terms of this agreement and agree that the daily overtime provision has been suspended for the duration and application of this agreement. Unless collectively bargained in the successor agreement, the daily overtime provisions below will be reinstated at the end of business on September 30, 2020.

  1. (1)  Except as otherwise specified, overtime will be paid at the rate of time-and-one-half (1-1/2) for all hours worked in excess of theemployee’s normal workday, and for all hours worked in excessof forty (40) hours per work week for which overtime compensation has not been previously paid.

  2. (2)  Double time shall be paid for continuous hours worked in excess of sixteen (16).

  3. (3)  All compensated time work hours shall be included when calculating the forty (40) hour threshold

  4. (4)  Except as provided for in Article 9.5(C), compensation for overtime shall be in the form of cash.

  5. (5)  Premium overtime payments shall not be duplicated for the same hours under any of the terms of this Agreement. Calculation of the overtime rate will include shift differential where applicable.

C. Compensatory Time in Lieu of Payment

  1. (1)  An employee may elect to earn compensatory time at the rate of time-and-one-half (1-1/2) in lieu of cash payment with the approval of the department head. Requests for compensatory time shall be submitted through the time and attendance system.

  2. (2)  Employees may accrue up to two hundred-forty (240) hours of compensatory time. When an employee has accrued the maximum amount of compensatory time, compensation for subsequent overtime worked shall be paid on the employees

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES next pay check.

(3) The Employer may pay off any amount of accrued compensatory time at any time, provided that any approved requests for compensatory leave time will continue to be honored.

  1. Adjustment of Work Schedule

    1. (1)  Notwithstanding the provisions of Article 9.3, where mutually agreeable to the employee and Management, an employee may voluntarily flex his/her daily or weekly schedule. An example of such a situation is an employee who works additional hours on one day of the work week in order to take an equal amount of time off on another day in the same work week (e.g., for medical or personal reasons) without charging the absence to annual or personal leave.

    2. (2)  So long as the total number of hours worked during the work week does not exceed forty (40), no overtime payment is required. So long as it is mutually agreeable to both, the adjustment may be proposed by either the employee or Management.

    3. (3)  In non-emergency situations in which employees are requested to leave early to accommodate special events, employees may use annual leave or modify their work schedules, within operational requirements and with the approval of their supervisor. At the Employers discretion, there may be times when the employee may not be charged annual leave. Notice requirements of Article 9.3 shall not apply to schedule adjustments made in accordance with this section.

  2. Call-Ins and Rest Periods

    1. (1)  In the interest of good service, employees are required to

      respond to emergency call-ins.

    2. (2)  An employee who has left his/her normal place of work at the end of the scheduled work day and is called back to work shall be compensated for overtime worked in accordance with this article. He/She shall be paid for a minimum of four (4) hours at the rate of time-and-one-half (1-1/2). This minimum payment will not apply if the employee is called back to work immediately before the start of the employee's regular workday. If the employee finishes the assignment(s) in less than four (4) hours and is subsequently called back to work in the initial four (4) hour time frame the employee will not be eligible for another four (4) hours of call back pay.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

(3) An employee shall be given an eight (8) hour rest period before returning to work, if he/she has worked sixteen (16) or more continuous hours, or eight (8) or more hours overtime in the sixteen (16) hour period immediately preceding his/her regular workday.

If the rest period overlaps into the employee’s regular workday,the employee will be credited and paid for the time without charge to annual or personal leave. An employee who is called back to work without completing his/her eight (8) hour rest period shall be compensated at the rate of two (2) times his/her regular rate of pay for all hours worked from the time he/she reports back to work through when he/she is released for another eight (8) hour rest period. Paid rest time shall be considered as time worked for the purpose of determining the forty (40) hour threshold for payment of overtime.

F. Meal Breaks and Allowances

  1. (1)  The Employer will provide a meal, or pay a meal allowance in the sum of eight dollars ($8.00), when an employee is required to work four (4) hours before or after his/her regular shift without a meal break and in six (6) hour increments thereafter if he/she continues working without a meal break.

  2. (2)  Meal allowances shall be paid no later than the end of the first pay period after the pay period in which the meal allowance is earned.

  3. (3)  Emergency Communications Officers (ECO’s) who do not receive a meal break during their shift or work day shall be compensated for an additional ten (10) minutes at the his/her hourly rate. Currently Fire Rescue Communication Officers (FRCO) are paid for their lunch period, but if this schedulechanges to include an unpaid lunch, FRCO’s will be affordedthe same additional ten (10) minute provision.

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10.1 A.

Article 10: WAGES

Each classification in the bargaining unit is assigned to a Pay Grade based upon the evaluation of the classification. Each Pay Grade consists of a salary range with minimum and maximum rates as determined by the Employer.

10.2 A.

For the duration of this contract, no pay for performance increases are authorized, however the Employer may utilize an incentive program as provided for in 10.11.

Special Pay Increases

If conditions exist which justify pay increases to provide equity or for other reasons not provided in this Plan, the Director of Employee Services, with the concurrence of the appropriate budgetary authority and the Department Director may approve a special pay increase. Such increase shall not exceed the maximum of the pay range for the assigned pay grade. If as a condition of approval of such increases any provisions of this part are affected, the Director of Employee Services shall issue special instructions to be followed in connection with future increases. The Union shall be given a copy of the agenda

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

  1. General Wages:

    Effective October 1, 2017 – Five percent (5%) wage increase.

    Effective October 1, 2018 – Four and a half percent (4.5%) wage increase.

    Effective October 1, 2019 – Four and a half percent (4.5%) wage increase.

  2. Employees whose current base salaries are above the maximum rate of the range of the assigned Pay Grade will have their base salaries maintained at the current level until such time as the maximum of the range of the assigned Pay Grade increases to encompass their base salaries.

  3. Minimum Rates of the Pay Grades:

    Refer to AFSCME Salary Schedule Appendix.

    Maximum Rates of the Pay Grades:

    Refer to AFSCME Salary Schedule Appendix.

  4. Performance-Based Pay Increases:

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item for the proposed increase prior to its submission to MBRC. Upon request, the Union shall be given an opportunity to present in writing their position on the proposed increase to MBRC.

  1. Pay Increases Based on Pay Grade Reassignments

    With the concurrence of the appropriate budgetary authority, the Director of Employee Services may approve pay adjustments for employees in classifications for which the pay grade is elevated. Such increases shall not exceed five percent (5%) for a one-grade elevation, ten percent (10%) for a two-grade elevation and fifteen percent (15%) for a three-grade elevation. Such increases shall not exceed the maximum of the pay range for the assigned pay grade.

  2. Performance Evaluations and Appeal Process

    Performance evaluations of employees in this bargaining unit shall be in writing and shall use a standardized format and procedure. An employee who has passed initial probation, believes that his/her evaluation has not been conducted in accordance with established procedure, or who contests a factual or procedural error for his/her rating may appeal the complaint through Step IV of the Grievance Procedure as set forth in Article 19.

    An employee may file a written rebuttal to an evaluation. A rebuttalshall be included in the employee’s personnel record but shall notbe considered an appeal of the evaluation.

    An appeal must be based on a claim that a factual or procedural error occurred which resulted in an evaluation that inaccurately orunfairly characterizes the employee’s performance.

    Appeals from annual employee evaluations will follow the grievance procedure. The parties will make every effort to expedite hearing grievances related to performance evaluations and will give serious consideration to mutual agreement to waive Steps 1-3.

  3. Shift Differential

    Employees assigned to the following start times shall be eligible for the following shift differential pay based on actual hours worked *:

Start Time

12:00 p.m. through 10:29 p.m. 10:30 p.m. through 3:59 a.m.

Shift Differential

3% 6%

* Eligibility for shift differential shall be based on the shift start time.When an employee’s work period covers more than one shift forwhich a differential is payable, the amount of the differential

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10. 3

10. 4

shall be determined by the shift in which the majority of the work hours fall.

E. Differential for Aerial Bucket Work

In addition to their regular wages, employees assigned to work in aerial lift device or equipment shall receive a 15% differential for the period of time they are actually working in the aerial lift device or equipment in an outdoor working environment.

Service Raise

For each five (5) years of continuous service with the Employer, computed from the date of initial employment an employee shall receive an annual increase in salary of three hundred and ten ($310.00). This increase shall be in addition to any general or special raises which may be granted from time to time.

Reversion Pay

When an employee is returned to his/her former class during the probationary period following a promotion, his/her pay shall be restored to the rate in effect prior to promotion, as though the promotion had not been granted. In such event, the employee shall be eligible for any increases the employee normally would have received had the employee not been promoted. When a reassignment is made, the base pay of the reassigned employee shall remain the same.

Administration of the Pay Plan

The Director of Employee Services shall adhere to the following administrative procedures in the implementation of the pay plan for employees in the bargaining unit:

  1. Appointment from Appendix B

    A part-time employee currently employed under Appendix B of this agreement who accepts a civil service position, shall have his or her salary set in the same manner as a candidate hired from an external list.

  2. Higher Start Rate

    Where there have been demonstrated difficulties in recruiting qualified candidates for specific classifications within the bargaining unit, the Director of Employee Services may authorize a higher starting rate within the range for candidates meeting minimum qualifications. The Director of Employee Services will notify the Union of such change prior

10. 5

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to implementation. The Director of Employee Services will review the recruiting situation and the higher starting rate annually. When a higher starting rate has been authorized pursuant to this Article, all candidates meeting the minimum qualifications will be given the higher start rate.

C. Advanced Appointment Rate
Initial compensation will be determined by the Employer.

  1. Equity Adjustments Based on Advanced Appointments

    When an employee is hired to any classified position at a rate above the minimum rate of the range, other employees in the class in the same organizational unit with similar education, and experience will have their base salaries increased to that of the newly hiredemployee’s end of probation rate. Probationary employees in thesame class and organizational unit with similar education and experience will have their salary increased to that of the newly hired employee’s probationary rate. Probationary employees will receive the end of probation rate at the completion of their probation. Employees who are subject to disciplinary reductions in pay shall not be granted such increases until expiration of the disciplinary reduction.

  2. Equity Adjustments in Class Series

    When an employee is hired to any classified position at a rate above the minimum rate of the range, the Director of Employee Services, upon the request of the department head, may approve an increase in base salary for employees in higher level classes within the class series in the same organizational unit, who possess similar education, and experience, and whose salaries are less than five percent (5%) above the end of probation base salary of the highest paid newly- hired employee in the lower classification. When approved, such increases may be granted, within the pay range, up to five percent (5%) above the end of probation base salary of the highest paid newly-hired employee in the lower classification. When requested and approved, equity increases pursuant to this Article shall be granted to all comparably qualified employees in the organizational unit, except that employees on probation or who are subject to disciplinary reductions in pay shall not be granted such increases until successful completion of probation or expiration of the disciplinary reduction. Equity increases will not be applicable if the newly-hired employee was previously employed under Appendix B as provided in 10.5(A).

  3. End of Probation Increases

    Upon successful completion of the initial probationary period, the base 29

10. 6

salary of the newly hired employee shall be advanced five percent (5%) or to the maximum of the range, whichever is less.

  1. Promotional Increases

    When an employee is promoted Priority one to a classification in ahigher Pay Grade, the employee’s base salary shall be increased byfive percent (5%) or to the minimum rate of the range whichever is greater. Upon satisfactory completion of the probationary period following promotion, the base salary of the employee shall be advanced five percent (5%) or to the maximum of the range, whichever is less. In cases where the Director of Employee Services, with the concurrence of MBRC, has determined that it is appropriate for recruitment or retention of employees, classifications with high employee turnover may be designated as eligible for salary increases of fifteen percent (15%) upon promotion. Employees in classifications so designated shall not receive end of probation increases.

    In no circumstances shall an employee’s base salary exceed themaximum of the pay range as a result of promotion.

  2. Emergency Communication Officer Advancement

    Fire and Rescue Communications Officers (FRCO) shall be advanced eight percent (8%) within their salary range upon reaching three (3)years’ seniority. All Police Emergency Communications Officers(PECO), regardless of grade, shall be advanced eight percent (8%)within their salary range upon reaching three (3) years’ seniority.

  3. Pay Upon Demotion

    Upon demotion, the base salary of the employee will be placed within the range of the assigned lower Pay Grade at a rate determined by the Employer. If the employee is promoted again within a twelve (12)- month period following the demotion, he/she will receive a promotional increase of five percent (5%) upon promotion, but will not receive an end of probation increase unless approved by the Director of Employee Services.

Out of Classification Pay

When an employee is required by the Employer to accept the responsibility for work in a higher class or position for at least one (1) hour on continuous duty, or to temporarily replace employees on leave or to perform work of a vacant position until it can be filled, unless the employee is assigned to a higher classification for the purpose of on-the-job training for definite advancement purposes, such employee shall be compensated at the minimum of the range of the higher classification or shall receive a five

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10. 7

10. 8

percent (5%) increase, whichever is greater, for the time actually worked in the higher class. In no case, however, can the adjusted salary level exceed the maximum rate of the salary range of the higher position. An employee may be temporarily assigned to the work of any position of the same or lower classification without any change in pay. No on-the-job training without out- of-classification pay shall exceed twenty (20) workdays.

Supplemental Pay for Property Appraiser Certification

Supplemental pay in an amount determined by the Property Appraiser may be granted to employees of the Property Appraiser who have attained the designation of Certified Florida Evaluator.

Realignment of Pay Grades

The parties recognize that relationships between classifications may change over time as the nature of work evolves and changes. As a result of such changes, those relationships should be reviewed periodically to determine if revisions in pay grade assignments are appropriate.

The parties agree that assignment of work to particular classifications, evaluation of classifications and resulting pay grade assignments are management prerogatives. The Employer recognizes the Union’s interest in maintaining equity among classifications in the bargaining unit. Accordingly, during the life of this Agreement the Union may notify the Director of Employee Services of its belief that sufficient material changes have occurred in the nature of work assigned to one or more classifications, such that the relationship of that classification(s) to other classes should be reviewed for possible realignment. The Director of Employee Services shall conduct an appropriate review of the circumstances and report the findings to the Union and to the appropriate budgetary authority for action as warranted. This review may include recommendations for pay adjustments for affected employees where appropriate.

The Director of Employee Services is authorized to make such changes to the Pay Plan as may be necessary to implement the findings except that no current employee shall have his or her pay adversely affected as a result of such changes.

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10. 9 Pay Incentives for JSO and JFRD Employees

 POLICE EMERGENCY COMMUNICATIONS OFFICERS, FINGERPRINT TECHNICIAN, FINGERPRINT TECHNICIAN TRAINEES POLICE SERVICE

TECHNICIANS, AND JSO SECURITY OFFICERS

 Degree Requirement

 Credit Requirements in addition to or within

degree program

 Monthly Differential

(paid bi- weekly)

 (1) AA/AS/BA/BS

 At least 15 credit hours completed toward Law Enforcement Certificate in Criminal Justice.

 $40.00

 (2) AA/AS/BA/BS

 At least 25 credit hours completed toward Law Enforcement Certificate in Criminal Justice.

 $80.00

 (3) AS in Police Sciences

 At least 18 credit hours in Police Sciences

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 $80.00

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*The Law Enforcement Certification program at UNF shall be used in determining equivalency with other Law Enforcement certification programs.
A “C” average or better is required for all hours.

No employee shall receive more than one differential under these provisions.

Fire and Rescue Communications Officers (FRCO)

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 Degree Requirement

page32image5788384

 Credit Requirements in addition to or within

degree program

 Monthly Differential (paid bi-weekly)

(1) AA/AS/BA/BS

At least 15 credit hours in the field of Fire Science or Emergency Medical Services

 $40.00

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(2) AA/AS/BA/BS

At least 25 credit hours in the field of Fire Science or Emergency Medical Services

 $80.00

A “C” average or better is required for all hours.
No employee shall receive more than one differential under these provisions.

10.10 A.

Field Training Officer Pay Supplemental Pay

Qualified Field Training Officers in the Jacksonville Sheriff’s Office andJFRD shall be granted an additional five percent (5%) above their base pay for each day they are actually training other employees as approved by management.

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  1. Qualified Designated Trainers

    The City, in its sole discretion, upon consultation with the Union, may establish pay differentials for other classifications with recognized training programs. If such a differential is established, the City will notify the Union at least two (2) weeks in advance of the differential implementation.

  2. Supplemental pay of one hundred ($100.00) per month (paid bi- weekly) shall be paid to those Fire and Rescue CommunicationOfficer’s permanently assigned to the Fire Department who maintain certification as an Emergency Medical Technician or higher. Supplemental pay of one hundred and twenty five ($125.00) per month (paid bi-weekly) shall be paid to those Fire and RescueCommunication Officer’s permanently assigned to the Fire Department who maintain certification as a Paramedic. No employee shall receive supplemental pay for certification as an EMT and certification as a Paramedic at the same time.

10.11 JSO and JFRD employees in any Emergency Communication Officer classification, Call Center employees, employees at the Tax Collector Office and other employees selected by management to perform bi-lingual skills who are bi-lingual in English and Spanish shall receive ($100.00) per month (paid bi-weekly) differential in addition to base pay with the Departments approval based upon operational needs. Additional languages can be added for this differential based upon business needs and with approval of the Department Director and the Director of Employee Services.

10.12 Incentive Programs

At its sole discretion, the Employer may from time to time elect to establish incentive programs for individuals or groups which may consist of cash or other awards in recognition of improved job performance, improved safety records, innovative ideas that result in savings or other benefits, or other similar work-related improvements, results, or actions, provided the Union is informed in writing of any such programs

Also, the Employer, at its sole discretion, may elect to establish financial incentives to encourage employees to obtain certain work-related certifications or other educational credentials. Incentives may take the form of supplemental pay or one-time or periodic payments. All affected employees will be equally eligible to qualify for, and receive, such incentives under the same terms and conditions. Prior to the implementation of an incentive program, the Employer will provide the Union with at least two- weeks written notice of the following information:

  •   Classification(s) or organizational unit(s) affected

  •   Certifications or other educational credentials to be incented

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  •   Resources available to employees to obtain the certification or credentials

  •   Amount and nature of the incentive, the frequency of payment, and the actions necessary for employees to qualify (Minimum incentive under this provision is twenty-five ($25) per month.)

    10.13 Employee Referral Incentive

    At its sole discretion, the Employer may establish an “Employee Referral Program” with financial incentives to encourage current employees to refer candidates for employment in City jobs. Incentives will be in the form of one- time payments. All eligible employees may participate in such a program and receive incentives under the same terms and conditions. If an Employee Referral program is established, the Employer will provide the Union with at least two weeks written notice of the following information:

    •   Eligibility criteria for participation

    •   Referral criteria

    •   Time frame the program is to be effective

    •   Amount and nature of the incentive, criteria for payment, frequency of

      payment and actions necessary for employees to qualify

      10.14 Stand-by Pay

      Employees shall receive twenty ($20.00) dollars a day for each day they are required to be on standby status during off-duty hours in addition to any other compensation received.

      Employees shall not be eligible for stand by pay when they are unable to respond.

      Standby time shall be that time when an employee is required to keep theEmployer advised as to his/her whereabouts and be available to report for duty no more than forty-five (45) minutes after such notification.

10.15 Hazardous Pay

  1. The City strives to provide a safe and healthy work environment for employees by minimizing exposure to known risks and by providing employees with the tools, equipment and training needed to perform their jobs safely. The City does not intend to expose employees to unnecessary hazards in the course of their employment and does not compensate employees for exposing themselves to risks and hazards due to unsafe work practices.

  2. From time to time, the Director of Employee Services may determine that supplemental payments are appropriate for employees performing work under uncomfortable or undesirable working

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conditions and may, in his/her sole discretion, establish criteria for making such supplemental payments. In his/her sole discretion, theDirector of Employee Services, with the concurrence of the Mayor’sBudget Review Committee, may authorize such supplemental payments for employees in those classifications, assignments or locations. If such supplemental payments are authorized, the City will provide the Union with at least two weeks written notice of the following information:

  •   Eligibility criteria for supplemental payments

  •   The amount and nature of the payments

  •   Effective date of the supplemental payments

  •   Classifications, assignments or locations in which employees will

    be eligible for supplemental payments

  •   Current bargaining unit employees eligible to receive the

    payments

C. During the life of this Agreement, the City agrees to pay one hundred dollars ($100.00) per month to employees in the following classifications and assignments, provided the employee worked or was on paid leave at least 80 hours per month.

page35image13441136

Classification

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Assignment

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Other requirements

Mosquito Control Sprayer

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Mosquito Control

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Mosquito Control Inspector

Mosquito Control

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Pilot/A&P Mechanic

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Mosquito Control; JSO

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A&P Mechanic Inspector

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Mosquito Control; JSO

Utility Worker

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Mosquito Control

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Equipment Repairman

Mosquito Control

Laboratory Technician

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Mosquito Control

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Animal Code Enforcement Officer Animal Code Enforcement Officer Sr Veterinary Technician Veterinary Technician Sr Animal Care Assistant Animal Care Assistant Sr Veterinary Assistant

Animal Care and Protective Services

Must be directly involved in handling animals.

Autopsy Technician Autopsy Technician Sr

Medical Examiner Officer

Traffic Sign Installer Traffic Signal Repairer

Traffic Engineering

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

*Additional positions may be added at the discretion of the Department Director and the Director of Employee Services.
* Positions currently receiving this supplement will not be removed during the terms of this agreement.

D. Where the Union believes it to be appropriate under the criteria established under 10.12, it may propose in writing to the Director of Employee Services that specified classifications, assignments or locations receive supplemental payments in accordance with this article. The City will consider such proposal, meet with the Union upon request, and provide a written response within fourteen (14) calendar days.

10.16 Employeeswhoaredesignatedtosuperviseprisoncrewsandhaveobtained the appropriate training as directed by the Employer will be paid ten percent (10%) differential during the actual hours assigned to supervise a prison crew. Such employees reassigned to other duties not supervising prisoners to meet emergency/ operational needs shall not receive differential on such days.

10.17 Voluntary Severance Plan

The parties understand that during the life of this Agreement the Employermay, at its option, offer a voluntary severance plan to certain classifications of bargaining unit employees. Such plan would be on terms proposed by theEmployer and any decision to accept such a plan would be made on an individual basis by each individual employee. The Union will be notified in writing of any such severance plan. In the event that execution of such a plan required a reorganization or redeployment by the Employer, the Unionwould have the right to request impact bargaining to the extent provided by law.

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11.1 A.

ARTICLE 11: EMPLOYEE BENEFITSComprehensive Medical Coverage

The Employer will provide a choice of comprehensive group health plans from which the employee may select. A five percent (5%) employee contribution is required for all plans, except for the designated no contribution plan(s). In addition, the Employer will pay fifty percent (50%) of the cost of the comprehensive medical coverage for eligible dependents the employee will pay the remaining fifty percent (50%) of the cost.

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

B. Special Committee on Group Health Benefits
The City shall continue to utilize this joint labor-management

committee in accordance Ordinance 116.1402.

11.2 Group Term Life Insurance

  1. Employees

    The Employer shall, at no expense to the employee, secure and provide group term life insurance coverage in the amount of one times annual salary, with a double indemnity clause for accidental death and dismemberment for employees covered by this Agreement. It shall further allow the employee, at his/her option to purchase group term life insurance, where available, at the expense of the employee, under the same policy, for one, two, or three times annual salary, with a double indemnity clause for accidental death and dismemberment. Coverage may be reduced at age 70 to 65% of benefits under the policy. Where certain occupations are excluded from the insurance policy, the City will self-insure the one-time annual salary life insurance benefit, including double indemnity for accidental death and dismemberment.

  2. Retirees

    Employees who retire after the effective date of this Agreement, or who have retired from classifications in this bargaining unit and who are already covered by the group term life insurance policy may purchase life insurance coverage in increments of five thousand dollars ($5,000), not to exceed fifteen thousand ($15,000) at their own expense at the group rate applicable to retirees. Those retirees under age seventy (70) presently covered for five thousand dollars ($5,000), who wish to purchase additional coverage, will be subject to proof of insurability as required by the carrier. Retired employees, age seventy (70) and over may purchase five thousand dollars ($5,000) coverage only.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

  1. 11.3  Cancer Insurance

    A program of cancer insurance will be offered at the employee’s expensethrough payroll deduction to employees covered by this Agreement.

  2. 11.4  Group Dental Health Insurance

    The Employer, agrees to pay a premium of ten dollars ($10.00) per month, per employee covered by this Agreement, for the purpose of providing partial payment toward a comprehensive dental health plan for said employees. The Employer may make an administrative charge not to exceed four cents per deduction.

  3. 11.5  Section 125 IRC Cafeteria Plan
    The Union recognizes that the Employer has developed a Section 125 I.R.C.

    Cafeteria Plan for the benefit of employees.

  4. 11.6  Union-Sponsored Payroll Deductions

    The Employer agrees to provide a payroll deduction process that is to be available to the employees in the bargaining unit for various employee plans. These plans shall be administered by an "Agent of Record" designated by the Union. The Employer may assess an administrative charge not to exceed six cents per deduction per payroll. The Union agrees to indemnify and hold the Employer harmless against any claims made, and against any lawsuits brought, against the Employer as a result of this payroll deduction process.

  5. 11.7  Tool Allowance

A. Employees in the Fleet Management Division shall receive a quarterly tool allowance in accordance with the following schedule, provided the employee worked or was on paid leave at least 80 hours each month during the quarter. The allowance shall be paid not later than the 15th day of the next month following the end of the quarter.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

JOB TITLE

QUARTERLY ALLOWANCE

Fleet General Services Technician

page39image7877840

$350.00

Fleet Preventative Maintenance Technician

$350.00

Fleet Services Driver

$350.00

Tire Technician I

$350.00

Automobile and Truck Technician

$450.00

Automobile and Truck Technician Crew Leader

$450.00

Fleet Fuel and Environmental Technician

$450.00

Heavy Off-Road Equipment Technician

$450.00

Heavy Vehicle Technician

$450.00

Heavy Vehicle Technician Crew Leader

$450.00

Light Engine Mechanic

$450.00

Machinist Leaderman

$450.00

Machinist/Fluid Power Mechanic

$450.00

Metal and Fiberglass Fabricator

$450.00

Vehicle Body Technician

$450.00

Welder

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$450.00

*Additional positions may be added as identified in Article 11.7(B)

11. 8

  1. Employees of the general government in craft classifications who meet the requirements of Article 11.7(A) may, at the sole discretion of the Director of Employee Services , be granted a tool allowance under the same conditions described for Fleet Management employees in an amount to be determined by the Director of Employee Services.

  2. Allowances may be adjusted annually at the sole discretion of the Director of Employee Services if the cost of purchasing or replacing tools justifies an increase. No decreases are permitted under this provision.

Travel and Parking Costs

  1. Mileage Reimbursement for Travel

    An employee who is required to use his/her personal automobile in the performance of his/her duties will be reimbursed for operating expenses at the rate-per-mile traveled as prescribed by City CouncilOrdinance exclusive of mileage traveled to and from the employee’swork location.

  2. Mileage Reimbursement for Temporary Assignment

    An employee who, after reporting to his/her assigned work location, is required to work at another location and is required to use his/her personal automobile to travel to the other location, shall receive mileage reimbursement for the distance to and from the assigned work locations in accordance with this Article.

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11.10

  1. Commercial Driver’s License (CDL) - The Employer will reimburse up to seventy five ($75.00) for the cost of obtaining or renewing a CommercialDriver’s License for all employees whose jobs require them to maintain a CDL.

  2. Hazardous Materials (HazMat) Endorsement - The Employer will reimburse the cost of obtaining or renewing a CDL with Hazardous Material (HazMat) Endorsement, including the cost of the background check required by the Transportation Safety Administration (TSA).

Personal Property Damage

  1. The Employer will repair or replace personal property, including tool boxes, of employees covered by this Agreement that is damaged while on duty, subject to the limitations provided in Articles 11.10(B) through 11.10(F).

  2. The Employer will repair or replace a bargaining unit employee's personal property, if all of the following conditions have been met:

    1. (1)  the personal property was damaged as a result of theemployee’s performance of his/her duties; or

    2. (2)  the damage was not the result of the employee’s ownnegligence; or

    3. (3)  the employee reports the damage to the appropriate department head or agency authority within two (2) working days after the occurrence of the damage on a form provided for this purpose.

  3. The Employer reserves the right to determine whether to repair or replace damaged property.

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

C. Parking Space Provided

Parking space will be provided for employees who are required to use their personal vehicles on a daily basis, as a condition of employment in the performance of their duties.

D. Parking for JSO Employees

To the extent practicable, the Employer will, during the life of this Agreement, provide parking spaces at the Marsh and Bay Street Parking Lot, at no charge, for use by employees who work on color squads or who do not work Monday-Friday with weekends off.

11.9 CDL License and Renewal Fees

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

  1. The Employer will not repair or replace telephones, pagers or other electronic devices, rings or other jewelry, except for watches. TheEmployer will not repair or replace tools for those employees who receive the tool allowance provided for in Article 11.7.

  2. In no event will the Employer pay more than two hundred fifty dollars ($250.00) to repair or replace any damaged property, except watches, which will be limited to one hundred dollars ($100.00).

  3. When an employee is entitled to payment under this Article, theEmployer shall make every reasonable effort to reimburse the employee within thirty (30) days of the report of damage.

11.11 Uniforms

  1. The Employer shall furnish uniform(s) to employees in classifications

    which require a uniform.

    Employees required to interact with the public during commercial or residential visits shall be provided uniforms and badges for safety and identification purposes.

  2. Cleaning Allowance

    Employees who are required to wear uniforms, and who have worked or have been on paid leave at least ten (10) days in each month of the quarter, are eligible to receive, at the Employer’s option, a quarterly uniform cleaning allowance in the amount of one hundred dollars ($100.00).

    1. (1)  If the Employer elects not to pay the uniform cleaning allowance, the Employer shall be responsible for cleaning the uniforms.

    2. (2)  If the Employer elects to pay the uniform cleaning allowance, the employee shall be responsible for cleaning of the uniform, and failure to do so may result in disciplinary action.

    3. (3)  If the Employer elects to pay a uniform cleaning allowance, it shall be paid no later than the second pay day of the month following the end of the quarter.

  3. The Employer shall furnish all necessary equipment to ECO’s, PST’s andCode Enforcement Officers, as required for the performance of their duties.

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11.12

D. In those activities where safety shoes are required to be worn, theEmployer shall pay each employee one hundred twenty-five dollars ($125.00) per year for the purchase of safety shoes. The payment will be made the first pay period in January of each year. Alternatively, the City may elect to provide employees with vouchers to purchase safety shoes directly from a vendor.

Retirement Plan

All currently existing retirement benefits shall remain as they currently exist until such time as the City and the Union either reach agreement or otherwise resolve disputed issues pursuant to Chapter 447, Florida Statutes.

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

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12.1 Voting

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE 12: PAID TIME FOR CIVIC DUTY

When an employee's normal work schedule during a Primary or General Election does not allow sufficient time for the employee to vote, the Department Head may authorize time off without loss of pay for the purpose of voting.

Employees will be considered to have sufficient time for voting:

  1. when the polls are open two (2) hours before or two (2) hours after the employee’s regular scheduled work period; or

  2. when early voting is available.

12.2 Jury Service

  1. An employee who is required to perform jury service in any court during his/her normal working hours shall be paid his/her regular salary for the time spent in jury service.

  2. The employee shall notify his/her supervisor of the jury service summons as soon as he/she receives it.

    The employee must attach a copy of the summons to the leave request for jury service.

  3. Employees who are released from jury duty and have four (4) or more hours remaining on their work day shall be required to report to work within ninety (90) minutes of being released from jury duty. If less than four (4) hours remain in the employees work day they will not be required to return to work.

  4. An employee who is required to report to jury duty service more than four (4) hours after the scheduled beginning of his/her work day, must report to work prior to the beginning of jury services. An employee will be released from work at least 90 minutes prior to reporting for Jury Duty. Employees, who in the normal course of business become soiled in their work, will be released at least 120 minutes prior to reporting for Jury Duty.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

12.3 Witness Service

  1. Testimony Related to Official Duties

    An employee who is called to testify outside normal work hours in any court proceeding as a result of his/her normal City duties is considered to be on duty. The employee shall be compensated at the appropriate rate for all hours engaged in such testimony with a minimum payment of four (4) hours.

  2. Testimony Unrelated To Official Duties

    An employee who is subpoenaed to serve as a witness in a criminal or civil case to which he/she is not a party, shall be granted paid leave for the time he/she is absent during normal work hours. A copy of the subpoena must be attached to the leave request.

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13.3 A.

An employee, who believes an assignment is abnormally dangerous or hazardous, shall immediately notify his/her supervisor. The supervisor will take such measures as are necessary to make the assignment consistent with health and safety.

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE 13: SAFETY AND HEALTH

13.1 The Employer will conform to and comply with safety, health, sanitation, and working conditions properly required by federal, state and local law. TheEmployer and the Union will cooperate in the continuing objective of eliminating safety and health hazards due to unsafe working conditions and inadequate restroom facilities where they are shown to exist.

13.2 A.

All parties will cooperate to eliminate safety and health hazards.

  1. The Employer will provide protective devices, wearing apparel, and other equipment necessary to protect employees from occupational injury or disease in accordance with established safety practices. Such practices may be improved from time to time by the Employer's in- house safety representatives. The Union may submit safety recommendations from time to time. In cases where required safety equipment makes the use of standard prescription eyewear unsafe or unfeasible, the Employer will provide specialty prescription glasses as required.

  2. Employees are responsible for utilizing safety equipment, protective devices, apparel, and equipment when they are provided and required.

  3. Employees must follow safety rules and practices as issued by theEmployer. An employee’s willful neglect and/or failure to obey safetyregulations and to use safety devices and/or equipment shall be just cause for disciplinary action.

  1. The City shall respond in writing to written employee reports of unsafe working conditions in a timely manner. This will include keeping the affected employee informed about the status of his/her report.

  2. The City will notify affected employees of major remodeling construction or facilities maintenance.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

13.4 Department Workplace Safety Committee:

A. Each department shall have a Department Safety Committee to discuss safety and health matters such as existing practices and rules relating to safety and health, work place design, accident statistics and trends, personal protective equipment, safety training, potential toxic substances, first aid procedures and other safety matters. This committee will meet on a regularly scheduled basis and allow input from a Union representative. AFSCME will provide the Employer with names of AFSCME bargaining unit participants.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE 14: INJURY-IN-LINE-OF-DUTY

  1. 14.1  Any permanent employee covered by this Agreement who sustains a temporary disability as a result of accidental injury in the course of and arising out of employment with the Employer shall, in addition tocompensation payable pursuant to the Workers’ Compensation Law of theState of Florida, be entitled to the following benefits:

    1. During the first twenty (20) working days of such disability, said employee shall receive supplemental pay in an amount equal to the difference between his/her net take-home pay and the workers’compensation benefit payable. For the purpose of this Article, net take-home pay is defined as the amount of the employee's regular straight-time wages reduced by the amount deducted from the employee's pay for taxes and social security. In no event shall any employee receive more than his/her net after-tax take-home pay from the Employer.

    2. Thereafter, the Employer may, at its sole discretion (which discretion shall not be subject to arbitration), grant additional supplemental pay in increments of up to twenty (20) working days.

    3. An employee whose workers’ compensation benefit is reducedpursuant to Chapter 440 F.S. shall not be eligible for a Supplemental Benefit.

    4. If an employee is eligible for monetary benefits under workers’ compensation, normal payroll deductions will continue from workers’compensation benefits to avoid interrupting Employer provided benefits such as healthcare and pension.

  2. 14.2  Transitional Duty and Temporary Assignments

    An employee who is temporarily partially disabled from performing the duties of his/her classification due to an on-the-job injury may be temporarily reassigned without reduction in pay, in accordance with the Civil Service and Personnel Rules and Regulations, to other duties commensurate with medical fitness, availability of suitable work, and his/her qualifications for the position. The Employer will make a reasonable effort to temporarily reassign the employee in accordance with the provisions of this Article, provided that failure to do so shall not be a basis for grievance or arbitration.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE 15: CAREER DEVELOPMENT PROGRAM

  1. 15.1  The City and the Union recognize the importance of continuing education in providing equitable employment opportunities, employee growth and agree to a mutual commitment of education for employees in this bargaining unit. Therefore, and in accordance with City Ordinance, the City may establish a Career Development Program further defined in City policies and procedures.

  2. 15.2  Access to Training: All Training notification systems shall be available to theUnion and employees.

  3. 15.3  Citywide Training and Educational Assistance Programs: The Employer has established Citywide Training and Educational Assistance Programs to meet the following objectives:

    •   To equip employees with the knowledge, skills and competencies to perform the work needed by the City’soperating units

    •   To support succession planning by eliminating skill gaps in hard- to-recruit/hard-to-replace positions by giving staff a way to obtain needed education

    •   To provide incentive for high potential employees to invest in a career at COJ

    •   To provide opportunities for career advancement at COJ

    •   To provide access to certification pay where applicable

    •   To improve customer service by encouraging a knowledgeable,

      trained, staff, with “institutional knowledge”

    •   To encourage employees to increase their value to the

      organization through education and training

  4. 15.4  The Employer will establish procedures for coordinating the Citywide Training and Educational Assistance Programs including planning, administering, record-keeping, approval and reimbursement procedures.

  5. 15.5  Under the Educational Assistance Program, the City may reimburse employees for eligible tuition expenses in order to enhance the quality of the existing workforce, attract and retain qualified candidates for Cityemployment, and to ensure that City employees have access to training and education that will equip them to do the work that will be needed during their careers with the City of Jacksonville. In accordance with Ordinance 2002-1263-E, which established the Career Development Program, approval of eligible reimbursement is contingent upon funding.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

15.6 Apprenticeship Program

If at any time during the term of this Agreement, the Employer decides to implement an Apprenticeship Program affecting classifications or employees in this bargaining unit, the Employer agrees that, upon request, it will meet with the Union to negotiate the impact, if any, as required by Chapter 447.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

16.1 Civil Service Openings

ARTICLE 16: JOB POSTING

  1. Internal eligibility for civil service Priority one promotional examinations shall be posted to ensure each individual in the line of promotion has access to the posting.

  2. When a civil service job opening occurs that the Employer intends to fill by examination, the Employer shall publish notice of the examination schedule on all appropriate bulletin boards and electronically for ten (10) working days in the case of internal recruitment, and for five (5) days in the case of external recruitment.

  3. For purposes of this Article, “appropriate bulletin boards” shall includeelectronic bulletin boards in addition to physical bulletin boards where exam notices are now posted.

  1. 16.2  Employees who wish to apply for an examination including eligible employees covered by Appendix B of this Agreement, must do so in accordance with procedures established by the Director of Employee Services within the posting period provided above.

  2. 16.3  The Employer may assign or reassign employees to temporarily fill job openings.

  3. 16.4  Employees promoting to Priority two openings who fail to complete their probation period may be returned to their former classification with Employee Services approval. If a return to the former classification is not available, Employee Services will conduct a citywide review, based on theemployee’s education and experience, in an attempt to place the employee before separation.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE 17: REVIEW OF ASSIGNED DUTIES

  1. 17.1  WORKING OUT OF CLASSIFICATION

    Assignment of employees to responsibility for work in a higher level classification or position shall be limited to a period of six months, and shall be to temporarily replace employees on leave or to perform work of a vacant position until it can be filled. Employees so assigned, for twenty (20) consecutive work days or longer must meet the qualifications for the higher level classification. Compensation of employees assigned to higher level work shall be governed by Article 10.6.

  2. 17.2  CHANGES TO POSITION DUTIES AND RESPONSIBILITIES

    In instances where the Union or the department head believe that the responsibilities of a position may have changed over time, the City will review the duties assigned to that position, for the purpose of determining if the position is properly classified. In situations where the position is evaluated at a higher level, if the incumbent meets the promotional requirements of the position and the department head certifies that the current incumbent has been performing the higher level work at the full performance level or above for at least six (6) months, one of the following actions shall be taken:

    1. If an internal eligibility list exists for the higher-level position, it may be employed to fill the position utilizing the Rule of Three. If not already first, second, or third, the incumbent shall be placed in third position on the list. The department head shall choose from among the top three individuals (including the incumbent) on the list. The Rule of Three may be used for filling subsequent positions from the same list.

    2. If no eligibility list exists for the higher-level position, the department head shall file an examination request to fill the higher-level position. If the incumbent is eligible for, and passes, the examination, he/she shall be granted five additional preference points on his/her final score. The Rule of Three may be used to fill this and subsequent vacancies from the resulting list. The department head shall choose from among the top three individuals at the top of the list.

  3. 17.3  The provisions of this Article shall not apply in situations involving automatic promotions.

  4. 17.4  Filling a position at the higher level shall be subject to availability of budgeted funds, and shall be at the discretion of the department head. This discretion shall not be subject to grievance or arbitration under this Agreement.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

17.5 CLASSIFICATIONS

  1. When establishing a new classification within the bargaining unit, theEmployer will notify the Union in writing as to the Employer’sdetermination and whether the classification is competitive or no- competitive.

  2. The Employer shall notify the Union of any revisions to the class specifications or changes to the pay grade for any classification that is currently in the certified bargaining unit prior to the implementation of those revisions. The Employer will provide this notice to the Regional Director and Local President of the Union in Jacksonville, FloridaTheUnion may submit comments about the revisions within ten (10) working days of the date of the Employer's notice.

    The Employer will continue its practice of making class specification revisions prospective from the date of issuance, unless otherwise required by law. In cases where federal or state law requires that a class specification be changed, the City will make every effort to assist incumbent employees to meet the new requirements.

  3. If, during the term of this Agreement, a proposal to increase the rate of employee contributions to the pension system is considered by theEmployer, the Employer and the Union shall meet, upon the request of either party, to consider and discuss the effect of such proposed legislation upon the employees in the bargaining unit.

  4. The Employer will notify the Union of any job abolishment at least thirty days (30), if possible, but at least prior to implementation.

  5. If the Employer creates a new position that AFSCME believes should be in their bargaining unit, the parties agree that it may be submitted to the Florida Public Relations Commission (PERC) for resolution.

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18.1 A.

ARTICLE 18: DISCHARGE AND DISCIPLINE

The procedure for dismissals, demotions, and suspensions shall follow the steps outlined in the Civil Service and Personnel Rules and Regulations.

18.2 A.

No permanent employee shall be removed, discharged, reduced in rank or pay, suspended, or otherwise disciplined except for just cause, and in no event until he/she has been furnished with a written statement of the charges and the reasons for such actions. A copy of the statement is to be sent to the Union. The statement will notify the employee of his/her right either to appeal the discipline to the Civil Service Board of the City of Jacksonville, or to grieve the discipline, pursuant to the provisions of Article 19 of this Agreement.

The Employer will provide the employee reasonable notice for a fact finding meeting(s) unless such notice is detrimental to the interest of the City. At the hearing, the Employer will provide the employee with copies of evidence related to the fact finding meeting(s).

18.3 A.

Any written reprimand shall be furnished to the employee and shall outline the reason for the reprimand.

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

  1. Progressive disciplinary action will be taken for repeated similar or related offenses, except where the course of conduct or severity of the offense justifies otherwise.

  2. An employee who chooses to follow the provisions contained in the grievance procedure of this Agreement shall waive any and all rights contained in Article 17.11 of the Charter of the City of Jacksonville.

  3. Any appeal instituted under this Article shall be implemented within a reasonable period of time after the event giving rise to thedisciplinary action, or the employee’s learning about the discipline.

B. No employee may use both the Civil Service Board appeal process and the grievance procedure to appeal the same disciplinary action.

  1. The employee will be requested to sign this statement. If he/she refusesto do so, this refusal shall be noted and placed in the employee’spersonnel file.

  2. If the employee signs this statement, such signature shall only acknowledge receipt of a copy of the reprimand, and shall not mean that the employee agrees or disagrees with the reprimand.

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18.4 A.

After it has been on file in the employee’s personnel file for a period oftwenty-four (24) months, a disciplinary document shall not be used in any adverse way against the employee.

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

  1. The employee's responding statement, if any, will be attached to the reprimand. The reprimand and the responding statement will be placed in the employee's personnel file.

  2. Charges for discipline other than written reprimands shall be restricted to employee conduct/activity occurring or which has become known to a department within sixty (60) working days prior to the date of the written statement. For purposes of this section, where formal investigation is conducted to determine culpability, the sixty (60) working day period shall commence on the date of the conclusion of the investigation. The department or agency in each case shall demonstrate the reasonableness of the formal investigation and its length to the appellate fact finder.

B. Upon conclusion of the twenty-four (24) month period, the employee may request that the Director of Employee Services seal the document as provided in Article 18.5(G).

18.5 Personnel Records

  1. There is only one official personnel file for each employee which shall be maintained in the Employee Services Department unless a different location is approved by the Director of Employee Services.

  2. Duplicate personnel files may be established and maintained within an agency. The employee affected shall be notified as to the location of all duplicate files pertaining to him/her.

  3. Employees have the right to review their own official personnel file and any duplicate personnel files at reasonable times under supervision of the designated records custodian.

  4. Employees have the right to respond to any material included in their official personnel file.

  5. Copies of any discipline or otherwise detrimental documents placed inan employee’s official personnel file shall be sent to the employee.

  6. Only disciplinary actions recorded in an employee's official personnel file may be used as the basis for progressive discipline.

  7. When an agency head or designee, the Director of Employee Services, Chief of Employee and Labor Relations, the courts, an arbitrator, or any statutory authority determines that a document has

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

been placed in an employee’s personnel file in error, or is otherwiseinvalid, such document shall be labeled as sealed together with a letter of explanation. Provided however, that nothing in this provision shall grant any official, officer, or other person the authority to take any action not otherwise authorized.

18.6 Options for Appealing Disciplinary Action

  1. Any employee shall have the right to either grieve a disciplinary action pursuant to the terms of this Agreement, or to appeal the decision to the Civil Service Board. Written and oral counseling are not discipline and are not grievable.

  2. An employee who elects to pursue the grievance procedure provided for in this Agreement shall follow the procedures for filing a grievance outlined in Article 19.

  3. Employees are not able to waive their contractual right to grieve disciplinary actions, pursuant to Article 19, prior to the expiration of the Step One timeline or 10 working days from the date of discipline administration. An employee may waive the right to a Civil Service Appeal at discipline administration.

  4. An employee who elects to appeal a disciplinary action to the Civil Service Board shall initiate proceedings in accordance with the Civil Service and Personnel Rules and Regulations. When an employee elects to appeal to the Civil Service Board, there shall be a pre- disciplinary hearing to discuss the facts and investigate the validity of the disciplinary action. For employees in the general government, the pre-disciplinary hearing shall be conducted by the Director of Employee Services, Chief of Employee and Labor Relations, or their designee unless otherwise specified. For employees of the JacksonvilleSheriff’s Office, the Chairperson shall be the Sheriff or his/her designee. The Union may be present to represent the employee, if requested by the employee. The findings from this hearing will in no way preclude an employee from appealing the discipline before the Civil Service Board in accordance with the current Civil Service and Personnel Rules and Regulations. This pre-disciplinary hearing may be waived by mutual consent.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE 19: GRIEVANCE PROCEDURE

  1. 19.1  The term “grievance” means a dispute concerning the interpretation or application of a specific term or provision of this Agreement. All employees will have access to the grievance procedure.

  2. 19.2  Grievances will be processed in accordance with the following:

    1. Grieving a matter under this provision of the collective bargaining agreement constitutes an election of remedies and a waiver of any and all appeal rights to the Civil Service appeals process by the employee(s) filing the grievance and the Union as the employee’(s)representative.

    2. At his/her option, an employee may file a grievance on his/her own behalf, or may be represented by the Union. If the employee chooses to file a grievance on his/her own behalf and does not request Unionrepresentation, the Union will only be notified of the grievance resolution.

    3. Receipt of a written grievance shall be acknowledged in writing, including the date it was received.

    4. The parties may agree to consolidate grievances of a similar nature to expedite resolution.

    5. The parties may mutually agree to waive any step(s) in the grievance procedure to expedite resolution.

    6. The Union shall be given reasonable opportunity to be present at any hearing or meeting called for the resolution of a grievance filed by an individual employee.

    7. Resolution of any individually-processed grievance shall be consistent with the terms of this Agreement.

    8. Policy grievances filed on behalf of the Union shall be signed by the designated steward or the Regional Directorand shall follow the procedures as set forth in this article.

    9. In computing time limits under this article, “working days” shall meanMonday through Friday, excluding authorized paid holidays. Workingdays are not determined by any individual employee’s work schedule.Authorized paid holidays are those listed in Article 20.1, except for the Personal Leave Day.

    Grievances will follow the steps below, except as otherwise provided for in Section 447.401, Florida Statutes.

STEP I

Level:
Time for Filing:

The grievant and/or the Union (if the employee requestedUnion representation) will notify the immediate supervisor of the grievance in writing.
Within ten (10) working days after the grievant and/or the
Union representative knows, or should have known, about the act or condition which is the basis of the grievance.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

Process: Decision:

STEP II

Level:
Time for Filing:

Process: Decision:

STEP III

Level:
Time for Filing:

Process: Decision:

Verbal discussion of the grievance.
Within ten (10) working days after the grievance was presented, the supervisor will provide a written decision to the grievant and/or the 
Union representative (if the employee requested Union representation).

Division Chief or Manager
The grievant and/or the 
Union (if the employee requestedUnion representation) will file a written grievance within ten (10) working days after receiving the supervisor’sdecision or after the date the supervisor’s decision wasdue, whichever is earlier.
Discussion of the grievance.
The Division Chief will send the written decision to the grievant and/or the 
Union (if the employee requestedUnion representation) representative within ten (10) working days after the grievance was discussed.

Department Director
The grievant and/or 
Union (if the employee requestedUnion representation) will file a written grievance within ten (10) working days after receiving the Division Chief’sdecision or after the date the Division Chief’s decisionwas due, whichever is earlier.
Director or designee will conduct a grievance meeting within ten (10) working days after the grievance was presented.
The department head or designee will send the written decision to the grievant and/or the 
Union (if the employee requested Union representation) within ten (10) working days following the meeting.

STEP IV (A) For Employees of the Jacksonville Sheriff’s Office

Level:
Time for Filing:

Process:

Decision:

Sheriff
The grievant and/or 
Union (if the employee requestedUnion representation) will file a written grievance within ten (10) working days after receiving the Director’sdecision or after the date the Director’s decision was due,whichever is earlier.
Grievances must be filed with the JSO Chief of Personnel.
A hearing will be held by the Sheriff’s designee who shallbe at the level of Director or above, but shall not be the same Director who heard the grievance at STEP III. The hearing officer will hold a meeting to hear the grievance within ten (10) working days of receiving the grievance. The hearing officer will send the written decision to the grievant and/or the Union within ten (10) working days following the hearing.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

STEP IV (B) For All Other Employees

Level:
Time for Filing:

Process:

Decision:

Employee Services Department
Within ten (10) working days after receiving the director’s decision or after the date the director’s decision was due, whichever is earlier.
The grievant and/or 
Union (if the employee requestedUnion representation) will file grievances with the Chief Employee and Labor Relations. The Chief of Employee and Labor Relations or his/her designee will hold a hearing on these grievances within ten (10) working days after receipt of the grievance.
The hearing officer will send the written decision to the grievant and the 
Union within ten (10) working days following the hearing.

19.3 Rules for Grievance Processing
A. 
A written grievance must include the following information:

  1. (1)  A complete statement of the grievance and facts upon which it is based including the date of the action complained of;

  2. (2)  The Article(s) of this Agreement claimed to have been misinterpreted, misapplied, or violated to include a statement as to how the Agreement has been misinterpreted, misapplied or violated;

  3. (3)  The remedy requested;

  4. (4)  The signature of the grievant(s).

    1. (a)  A grievance filed by the Union on behalf of an employee shall be signed by the aggrieved employee and the designated Union representative. If the grievance is filed electronically, AFSCME will copy all aggrieved employees on the electronic submission.

    2. (b)  A grievance filed by the Union alleging that there has been a violation, misinterpretation or misapplication of a provision of this Agreement that confers rights upon theUnion, or that the effects of City policy decisions or actions generally applicable to employees gave rise to a dispute regarding the interpretation or application of specific terms of this Agreement shall be signed by the designated Union representative.

    3. (c)  A group grievance shall be dated and signed by the aggrieved employees presenting it.

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  1. Time Limits

    1. (1)  In computing time limits under this Agreement, working days shall be Monday through Friday, excluding authorized paid holidays.

    2. (2)  If the grievance is not advanced to the next higher step within the time limit provided, the latest decision issued by the Cityshall be deemed accepted.

    3. (3)  If the City’s representative fails to answer within the time limit set forth at any step, the grievance may be advanced to the next step.

    4. (4)  The parties may agree to extend time limits at any step of the grievance procedure.

    5. (5)  When the settlement of any grievance includes a retroactive adjustment, such adjustment shall be limited to sixty (60) calendar days prior to the date of the filing of the grievance. This shall include claims that an employee was in a higher classification without appropriate compensation under Article 10.6.

  2. Representation

    1. (1)  At his/her option, the grievant may be represented by the Unionat any and all steps of the grievance procedure. The grievant will attend the grievance meeting or hearing at each step, unless the parties mutually agree that the grievant’s absencewould be in the best interest of orderly dispute resolution.

    2. (2)  If a grievant elects not to be represented by the Union, the Cityrepresentative shall promptly notify the Union that the grievance has been filed and, upon request, shall provide the Union with a copy of the grievance. The City will also notify the Union of the date, time and place of any meeting or hearing to resolve the grievance. The Union may have an observer present at any meetings or hearings held to resolve the grievance and shall be sent copies of all decisions at the same time as they are sent to the other parties.

  3. Precedents

    1. (1)  Grievance decisions concerning disciplinary action shall not

      constitute a precedent for any purpose.

    2. (2)  Step IV grievance decisions shall constitute a precedent insofar as they concern interpretation or application of the terms of this

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES Agreement.

(3) The resolution of a grievance prior to Step IV shall not establish a precedent binding on either the Employer or the Union in other cases.

19.4 Arbitration
A. Initiation of Arbitration

  1. (1)  If the grievance is not settled at Step IV, the grievant and/or theUnion may initiate arbitration by serving written Notice of Intent to Arbitrate on the Chief of Employee and Labor Relations no later than thirty (30) working days after receipt of the City’sresponse at Step IV, together with a written statement of the facts and the specific provision(s) of this Agreement in dispute which were addressed at the earlier stages of the grievance procedure. If the Notice of Intent to Arbitrate is not filed within thirty (30) working days, the City’s Step IV answer shall be final.

  2. (2)  It is specifically and expressly understood that taking a grievance to arbitration constitutes an election of remedies and a waiver of any and all appeal rights to the Civil Service appeals process by the initiating party and all persons it represents.

  3. (3)  In its Notice of Intent to Arbitrate, the grievant and/or the Unionmay propose the names of two (2) arbitrators, either of whom is acceptable. If both parties do not mutually agree on the selection of one (1) of the persons proposed, or some other person qualified to arbitrate, the parties will select an arbitrator as follows:

    1. (a)  The parties will jointly request the Federal Mediation and Conciliation Service (FMCS) to provide a panel of five (5) arbitrators.

    2. (b)  If FMCS is unable to provide the parties with a list of five (5) names within thirty (30) days of the initial request to FMCS, either party may request a list of five (5) arbitrators from the American Arbitration Association (AAA).

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(c) Upon receipt of the panel from either FMCS or AAA, theparties’ representatives shall meet and alternately strikenames until one (1) arbitrator remains. The party requesting arbitration shall strike the first name. The last remaining name shall be selected as the arbitrator.

(d) Notwithstanding the provisions of this Article, an arbitrator may be mutually selected by the parties by a means other than the methods specified in Article 19.4(a).

B. Hearings and Decisions

  1. (1)  The date for the arbitration hearing will be set within sixty (60) days from the date the arbitrator was notified of his/her selection. This date may be extended by mutual agreement of the parties.

  2. (2)  All testimony given at the arbitration hearing will be under oath. The arbitrator may not issue declaratory or advisory opinions and shall be confined exclusively to the issues presented by the parties and addressed at the earlier stages of the grievance procedure.

  3. (3)  The arbitrator shall consider only the specific dispute(s) regarding the application or interpretation of this Agreement submitted to him/her in writing by the parties. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration, or which is not specifically covered by this Agreement.

  4. (4)  The arbitrator shall base his/her decision exclusively on the testimony and documentary evidence submitted by the parties as part of the hearing, and his/her conclusions based on that evidence.

  5. (5)  The arbitrator’s authority is limited strictly to the application andinterpretation of the provisions of this Agreement and he/she shall not have authority or power to make any decision that is contrary to, inconsistent with, or which modifies in any way the terms of this Agreement. Furthermore, the arbitrator may not usurp any authority or responsibility of the City as provided by Chapter 447, Florida Statutes or the Charter of the City of Jacksonville unless specifically provided for by this Agreement.

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  1. (6)  The arbitrator shall issue his/her decision in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever is later, provided that the parties may mutually agree in writing to change the due date of the decision.

  2. (7)  If made in accordance with his/her jurisdiction and authorityunder this Agreement, the arbitrator’s decision shall be final and binding on all parties.

CCosts

  1. (1)  The arbitrator’s fees and expenses shall be shared equally by

    the parties.

  2. (2)  A party requesting a transcript of the hearing shall pay for it.

  3. (3)  An employee who acts independently in appealing a grievance to arbitration shall pay for his/her share of thearbitrator’s costs and expenses.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE 20: HOLIDAYS20.1 Authorized Holidays and Holiday Pay

A. Employees shall observe the following twelve (12) paid holidays each year:

Date

Observance

January First (1st)

New Year’s Day

Third Monday in January

Martin Luther King's Birthday

Third Monday in February

Presidents’ Day

Last Monday in May

Memorial Day

July Fourth (4th)

Independence Day

First Monday in September

Labor Day

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November Eleventh (11th)

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Veterans’ Day

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Fourth Thursday in November

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Thanksgiving

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Friday after Thanksgiving

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December Twenty-Fourth (24th)

Christmas Eve

December Twenty-Fifth (25th)

Christmas Day

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Personal Leave Day

  1. Any day declared a holiday by City Council ordinance, or by proclamation of the Mayor, shall also be observed as a paid holiday.

  2. A Permanent, probationary, or provisional employee shall be eligible for holiday pay unless he/she:

    1. (1)  has an unexcused absence on the last regular workday preceding the holiday, or on the next regular work day following the holiday; or

    2. (2)  is scheduled to work on the holiday, and fails to report for work without a justifiable reason; or

    3. (3)  is on leave of absence without pay; or

    4. (4)  is receiving a wage benefit from workers’ compensation.

20.2 Observance of Holidays Falling on Non-Work Days

A. When an observed holiday occurs on an employee’s scheduled dayoff, the Employer may either:

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20.3
A.

B.

20.4
A.

Compensation for Holiday Work

An employee who is required to work on a holiday shall be compensated as follows:

  1. (1)  one and one-half (1-1/2) times his/her regular hourly rate for any hours worked; plus

  2. (2)  one day’s straight time pay for the holiday.

Alternatively, the Employer may schedule the employee to take

equivalent time off at another mutually agreeable date.

Personal Leave Day

Once an employee has completed initial probation, and achieved permanent civil service status, he/she may take the Personal Leave Day on any date during the fiscal year as agreed upon by the employee and the Division Chief. Employees in classifications which have probation periods longer than six months may take the Personal

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

  1. (1)  schedule the employee to observe the holiday on another mutually agreeable date; or

  2. (2)  compensate the employee at the employee's regular straight- time rate for up to eight (8) hours for the holiday not taken.

B. A holiday that falls on a weekend shall be observed as follows:(1) For employees working a Monday through Friday schedule:

(a) (b) (c) (d)

holidays falling on Sunday will be observed on the following Monday (except as noted).

holidays falling on Saturday will be observed on the preceding Friday (except as noted).

when Christmas Eve falls on a Saturday or Sunday it will be observed on the following Tuesday.

for employees assigned to shift schedules, and emergency maintenance crews assigned toworkonthe weekend, the actual day of the holiday shall be observed for purposes of calculating pay.

C. When an official holiday is observed on a Friday, departments operating on a six (6) day schedule have the option, where practicable, to schedule the Saturday following the holiday as the regular day off that week for all employees to afford employees three (3) consecutive days off.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

Leave Day after they have satisfactorily completed six months of employment.

  1. Approval of the Personal Leave Day shall not be unreasonably withheld.

  2. Unused Personal Leave Days shall be forfeited at the end of the fiscal year.

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21.1 A.

B.

ARTICLE 21: BEREAVEMENT LEAVEImmediate Family

At the time of a death of a member of the employee’simmediate family, an employee may be granted up to five (5) work days (not to exceed 40 working hours) off without loss of pay as bereavement leave, not otherwise chargeable.

Co-Worker

Employees covered by this Agreement shall be granted up to four (4) hours leave, without loss of pay, to either attend or serve as an active pallbearer at the funeral of a co-worker from the same department (active or retired), unless operational needs dictate that the employee must be present at work.

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

21.2 Definition of “Immediate Family”

“Immediate Family” Defined

page66image9989344

Spouse

page66image7925680

Children

including step-children and children’s spouses

Parents

including step-parents and parents-in-law

Brothers and Sisters

including half- and step- siblings, and brothers- and sisters- in-law

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Aunts, Uncles

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Nieces, Nephews

Maximum allowance of 2 days

Grandparents

Grandchildren

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Other relatives who permanently reside with the employee.

Also applies to relatives of the employee’s spouse

21.3 The Employer will not unreasonably deny requests for bereavement leave subject to the provisions of this Article.

  1. The Employer may require the employee to supply documentation of the death as well as the employee’s relationship to the deceased prior to payments of bereavement benefits.

  2. Needs of employees upon the death of a family member may vary depending upon individual circumstances.

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  1. (1)  In determining the amount of bereavement leave to be authorized in each situation, the Employer shall consider such factors as:

    •   distance to the funeral location

    •   the relationship of the employee to the deceased

    •   the employee’s responsibility for funeral arrangements

      and other business matters

  2. (2)  If the employee requires additional time off to attend the funeral of a member of the immediate family, the Employermay permit the employee to use other accrued leave to extend his/her absence for a reasonable period.

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ARTICLE 22: MILITARY LEAVE

Leaves of absence and re-employment rights of employees inducted into the military service shall be as described under the Uniformed Services Employment and Re-employment Rights Act of 1994, Florida Statutes and Florida Administrative Code.

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ARTICLE 23: PERSONAL LEAVE (PLAN E)

  1. 23.1  This article shall apply to all permanent, probationary, and provisional

    employees of the following categories:

    1. Employees hired on or after October 1, 1968, and prior to October 1, 1987.

    2. Those employees who elected to use their option and participate in the personal leave plan shall remain in said plan until such time as this personal leave plan or policy is changed.

  2. 23.2  Employees shall accrue personal leave with pay according to the following schedule on a bi-weekly basis.

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Upon Completion of Years of Continuous Service

Hours Accrued Per Year

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0 thru 4

160

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5 thru 9

184

10 thru 14

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208

15 thru 19

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page69image7942528 page69image7942944

232

20 thru 24

256

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25 or more

280

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The rate of accrual shall change to the higher rate at the start of the pay period in which the employee’s adjusted service date falls.

  1. 23.3  Employees when eligible and authorized may use their personal leave for any reason they deem necessary as provided in Article 23.4. Authorized use of personal leave shall not constitute grounds for disciplinary action.

  2. 23.4  Accrued personal leave may be taken at any time when authorized by the appropriate supervisor. Requests for personal leave must be submitted in writing at least two (2) weeks in advance for personal leave of five (5) or more consecutive work days. Requests for personal leave of less than five (5) consecutive work days must be submitted as least twenty-four (24) hours in advance, unless the personal leave is for illness or emergency. In the latter case, written requests shall be submitted as soon as practicable. Scheduling of personal leave will be based on seniority and classification within the department for the first request of five (5) days or more, provided the request is submitted prior to April 15. Upon written request and with a least thirty (30) days advance notice when required, an employee taking at least two (2) weeks of authorized personal leave, may have payment for personal leave advanced to him/her on his/her last regular pay day before his/her scheduled leave.

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  1. 23.5  Maximum Accrual

    Personal leave shall accrue to a maximum of nine hundred sixty (960) hours.

  2. 23.6  Rollback Payments

    The Employer will compensate the employee on an hour-for-hour basis for any accrued amount over nine hundred sixty (960) hours as of September 30 each year. These payments will be made on the second pay day in November at the September 30 rate of pay.

  3. 23.7  Sellback Payments

    1. Employees who do not use all of the personal leave accrued in a fiscal year may be paid the difference between the amount used and the amount accrued for that fiscal year on an hour-for-hour basis. Leave hours transferred to deferred comp will count as leave time used during the fiscal year.

    2. To receive such payment, the employee must make an irrevocable election in the fiscal year preceding the fiscal year in which the payment is made. For example, for leave accrued during fiscal year 2008-2009, the irrevocable election must be made on or before September 30, 2008 in accordance with administrative procedures established by the City of Jacksonville.

    3. This payment is not available to an employee who would have less than eighty (80) hours of personal leave remaining after such payment. Such payments will be made on the first payday in December at the September 30 rate of pay.

  4. 23.8  The Employer will provide employees eligible to retire the option to use leave time to fund their Deferred Compensation Program pursuant to the terms of this article and Internal Revenue Service (IRS) regulations in the following manner:

    1. An employee who is within three (3) years of normal retirement and who wishes to sell back personal leave must notify the City, in writing, of his/her intent to sell back personal leave, no more than three years prior to the date that the employee is eligible for normal retirement.

    2. The notice of intent to sell back personal leave becomes irrevocable once the employee makes such election.

    3. When an employee elects to sell back personal leave, the City will compensate the employee for up to one-third of the total amount ofaccrued leave in the employee’s personal leave and retirementaccounts during each of the three years prior to the date of theemployee’s eligibility for normal retirement. Each year, the employee

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

will be compensated on an hour-for-hour basis for one third of the hours that were in the account(s) at the time the election was made. Leave will be depleted in three equal annual installments during the three-year period prior to normal retirement eligibility payments will be made on an hour-for-hour basis at the employee’s regular rate of pay at the time the payments are made. An employee’s contribution to alldeferred compensation accounts shall be limited by applicable IRS regulations.

  1. Periods of employee election, and payment dates shall be established by the City of Jacksonville in accordance with IRS regulations. Any leave remaining in an employee’s personal leave and/or retirementaccount will be paid to the employee in a lump sum at retirement.

  2. This option is not available to an employee who would have fewer than eighty (80) hours personal leave remaining after the sell back.

  1. 23.9  The minimum amount of personal leave to be taken and charged shall be one half (1/2) hour.

  2. 23.10  Personal leave will be charged only against an employee’s regular work dayand shall not be charged for absences on prearranged overtime work, unscheduled call-in overtime days, or holidays.

  3. 23.11  Should a holiday, provided for in Article 20 of this Agreement fall within an employee's scheduled personal leave period, the holiday will not be charged against the employee's personal leave.

  4. 23.12  In a JSO or JFRD twenty four (24) hour-a-day seven (7) day-a-week operation an employee using personal leave for a bona fide illness must notify his/her immediate supervisor at least one (1) hour prior to the starting time for the first day that the employee is unable to report for work because of illness unlessextenuating circumstances make a full hour’s notice impractical. Otheremployees using personal leave for bona fide illness or other emergency must notify their immediate supervisor as early as reasonably possible, but in no event later than the starting time for the first day of such illness, that the employee is unable to report for work. Absences for illness under annual, vacation or personal leave conditions may be subject to investigation. (This Article is not intended to require an employee to provide a physician’scertified statement of illness after each absence. It is intended to correct suspected abuse of annual, vacation or personal leave for illness, such as when leave for sickness is combined with regular days off more than three (3) times annually or when leave is used on an unscheduled basis more than six (6) times annually). An employee will be counseled whenever a pattern clearly develops where an employee is abusing leave. If any extended illness causes an employee to use all of his/her accrued personal leave, then suchemployee may use hours previously transferred to the employee’s retirement account pursuant to Article 23.5, as explained below.

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  1. If an employee, due to an extended continuous illness, requires eighty (80) or more working hours leave for illness, then such leave may, at the employee's option, be deducted from the personal leave days previously transferred to the employee's retirement leave account.

  2. If an employee has eighty (80) or less personal leave hours in his/herpersonal leave account, then the employee may, at the employee’soption, use his/her retirement account for bona fide illness.

23.13 TheEmployerhastherighttorequireanyemployeetoundergoamedicalor psychological examination by an assigned doctor at any time to ascertain whether or not the employee is physically and mentally capable of performing any and all duties required of the employee’s classification. Theexamination will be conducted at Employer’s expense. The Union will be notified as soon as possible if it determined that an employee must submit to a fit-for-duty examination.

23.14 Upon termination in good standing for other than retirement purposes, the employee shall be paid for all accrued personal leave, and for eight (8) hours for every sixteen (16) hours accrued in the employee's retirement account.

23.15 For the purposes of this Agreement, retirement shall mean retirement pursuant to the full-time service requirements or early vested retirement pursuant to the provision in the pension plans of the City or of its former governments; the accrual of Social Security for employees covered solely by Social Security, provided such employee has ten (10) years’ service with the City; or retirement of officers or employees of the Employer who have more than ten (10) years’ service with the City and who are covered by the Florida Retirement System. Upon retirement of an employee, said employee's personal leave account and retirement leave account shall be used or paid for on an hour-for-hour basis, up to a maximum of nine hundred sixty (960) hours in each account, under the following provisions:

  1. Leave may be taken either immediately prior to the desired eligible retirement date, which leave may then be used for the fulfillment of time service requirements; or

  2. Such leave may be taken following fulfillment of time service requirements;

  3. Employees electing to use leave pursuant to subsections (A) and (B) may be maintained on the regular payroll, thereby continuing to avail the employee of payroll deductions, pension contributions, and insurance deductions;

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

  1. While on such leave, an employee shall not accrue personal leave but shall be paid for legal holidays, and shall be eligible for any general salary increases;

  2. If the employee elects not to take leave, the leave account will be paid for in one lump sum, on an hour-for-hour basis.

23.16 Upon the death of an employee, the employee's next of kin or estate, as determined in accordance with law, shall be paid for all accrued personal and retirement leave on the basis of eight (8) hours pay for each eight (8) hours in said accounts.

23.17 When an employee who has approved scheduled leave time is transferred to another organizational unit or work location, management in the new location shall give due consideration to the employee’s planned leave time.

23.18 The Employer and the Union agree to comply with the City’s Employee Services Department policy on leave/sick leave donations.

23.19 Parental Leave Plan

The City and the Union recognize the importance of our employee’s familiesand the value of time during the birth or adoption of a child. In this spirit, theCity will offer a parental leave plan consisting of paid time off following the birth or adoption of a child.

The City will establish policies and procedures for administering the Parental Leave Plan as outlined in applicable HR Directive.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE 24: PERSONAL LEAVE (PLAN H)

  1. 24.1  This article shall apply to all permanent, probationary and provisional

    employees employed on or after October 1, 1987.

  2. 24.2  Method of Earning and Accruing Personal Leave:

A. Employees shall accrue personal leave with pay for straight time hours worked in accordance with the following schedule:

Upon Completion of Years of Continuous Service

Hours Accrued Per Year

0 thru 4

160

5 thru 9

184

page74image11288544

10 thru 14

page74image11287872

208

15 thru 19

page74image11285968

232

page74image11284736

20 thru 24

256

page74image11277680

25 or more

page74image11286528

280

page74image11274432
  1. Employees shall earn leave time based on time actually worked and time on approved leave with pay.

  2. Personal leave will be credited to the employee at the rate stated in Article 24.2(a) on a bi-weekly basis. The leave shall be credited on the last day of the pay period.

  3. The rate of accrual shall change to the higher rate at the start of thepay period in which the employee’s adjusted service date falls.

  1. 24.3  Personal leave shall accrue to a maximum of four hundred and eighty (480) hours. Accrued and unused personal leave over four hundred and eighty (480) hours will be forfeited, except if applied in accordance with the provisions of Article 24.4 below.

  2. 24.4  There shall also be established a Critical Emergency Leave Bank (CELB). Any accrual over the maximum four hundred eighty (480) hours allowed in the regular Personal Leave Account pursuant to Article 24.3 may be credited to the CELB account up to a maximum of seven hundred twenty (720) hours. To transfer excess time to the CELB, those employees with accrual over four hundred eighty (480) hours in the Personal Leave Account on September 30 each fiscal year, shall execute a transfer option immediately after the close of the fiscal year, but no later than October 31. The CELB account shall be used as follows:

A. The CELB shall only be used for critical emergency illness or personal crisis. A critical emergency illness is defined as any incapacitating emergency illness requiring hospitalization and/or a recuperation

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

period documented by a certified physician and/or hospital. Personal Crisis – A personal crisis is a severe circumstance that directly impacts the employee. This may include a natural disaster impacting theemployee’s primary residence such as a fire or severe storm. *Employee CELB usage requests qualify under the personal crisis provision must be approved by the Director of Employee Services.

  1. The CELB shall only be used for a critical illness or personal crisis of more than eighty (80) consecutive hours of the employee or member of his/her immediate family. Immediate family is defined as: spouse, children, stepchildren, parents, grandparents, grandchildren and siblings. An employee may donate accrued CELB leave to another employee’s CELB account under the City’s Donated Leave policy and procedures.

  2. Upon separation with greater than twenty (20) years of service, employees will be paid up to forty (40) hours of accrued CELB hours.

  1. 24.5  Employees when eligible and authorized as provided in Article 24.6 through 24.9 may take personal leave for any reason they deem necessary. Personal leave may be taken only from accrued personal leave days earned. Oncean employee’s resignation or notice of retirement has been offered andaccepted, “running out” leave is prohibited“Running out” shall be definedas greater than 2 weeks of consecutive leave immediately prior to the resignation or retirement date.

  2. 24.6  Requests for personal leave must be submitted in writing at least two (2) weeks in advance for personal leave requests of five (5) or more consecutive working/shift days. Requests for personal leave of less than five (5) consecutive working/shift days must be submitted in writing for approval at least twenty-four (24) hours in advance, unless the personal leave is for illness or emergency. In the latter case, written requests shall be submitted as soon as practicable. These advance notice requirements may be waived by the division chief. Requests for leave of any nature, as provided for above, shall not be unreasonably denied.

  3. 24.7  The minimum amount of personal leave to be taken and charged shall be one half (1/2) hour. Personal leave will be charged only against anemployee’s regular workday, and shall not be charged for absences on prearranged overtime work, unscheduled call-in overtime, or holidays.

  4. 24.8  Should a legal holiday fall within an employee’s scheduled personal leaveperiod, no personal leave time will be charged for the holiday.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

  1. 24.9  In a JSO or JFRD twenty four (24) hour a day seven (7) day a week operation, an employee using personal leave for a bona fide illness must notify his/her immediate supervisor at least one (1) hour prior to the starting time for the first day that the employee is unable to report for work because of illness unlessextenuating circumstances make a full hour’s notice impractical.

    Other employees must notify their supervisor as early as possible, and no later than thirty (30) minutes before starting time, the first day the employee is unable to report for work. Absences for illness under annual, vacation or personal leave conditions may be subject to investigation (this Article is notintended to require an employee to provide a physician’s certified statement of illness after each absence. It is intended to correct suspected abuse of annual, vacation or personal leave for illness, such as when leave for sickness is combined with regular days off more than three (3) times annually or when leave is used on an unscheduled basis more than six (6) times annually). An employee will be counseled whenever a pattern develops where an employee is abusing unscheduled personal leave.

    The employee will notify the supervisor of the nature of the employee’s illnessand the approximate amount of time the employee will be absent. Use of personal leave for illness is subject to investigation by the appropriatesupervisor. A doctor’s certificate may be required for personal leave used forsick leave or injury.

  2. 24.10  TheEmployerhastherighttorequireanyemployeetoundergoamedicalor psychological examination by an assigned doctor at any time to ascertain whether or not the employee is physically and mentally capable of performing any and all duties required by the employee’s classification. The examination may be conducted on the Employer’s time and the Employerwill pay for the medical and/or psychological exam costs incurred. The Unionwill be notified as soon as possible if it determined that an employee must submit to a fit-for-duty examination.

24.11 Upon retirement (including vesting under the pension law) or service with theCity of 5 years or more, the employee shall be paid for all unused accrued personal leave on an hour-for-hour basis.

24.12 Upon termination of an employee for other than retirement with less than 5 years of continuous service with the City, the employee shall be paid for seventy five percent (75%) of all unused personal leave on an hour-for-hour basis.

24.13 When an employee who has approved scheduled leave time is transferred to another organizational unit or work location, management in the newlocation shall give due consideration to the employee’s planned leave time.

24.14 The Employer and the Union agree to comply with the City’s Employee Services Department policy on leave/sick leave donations.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

24.15 Parental Leave Plan

The City and the Union recognize the importance of our employee’s familiesand the value of time during the birth or adoption of a child. In this spirit, theCity will offer a parental leave plan consisting of paid time off following the birth or adoption of a child.

The City will establish policies and procedures for administering the Parental Leave Plan as outlined in applicable HR Directive.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE 25: ALCOHOL & DRUG ABUSE POLICY AND PROCEDURES

Introduction: The Union and the City hereby jointly express their commitment to a Drug-Free Workplace for the health and safety of employees and citizens of the City of Jacksonville. In accordance with this commitment, the parties support a policy of Zero Tolerance for Alcohol and Drug Abuse and further agree that employees violating this policy can and will be disciplined up to and including termination.

  1. 25.1  Definitions:

    1. “Alcohol abuse” means the use of alcohol or alcoholic beverages, on or off duty, which impairs or otherwise adversely affects the employee's ability to perform his/her job duties. Using or being under the influence of alcohol or alcoholic beverages on the job by Cityemployees is strictly prohibited.

    2. “Drug abuse” means the ingestion of any controlled substance asdefined in Section 893.03, Florida Statutes, as amended from time to time, not pursuant to a lawful prescription. The term “drug abuse” alsoincludes the commission of any act prohibited by Chapter 893, Florida Statutes, as amended from time to time.

    3. Controlled Substance/drug” means any controlled substance asdefined in Section 893.03, Florida Statutes, as amended from time to time, not possessed or taken in accordance with lawful prescription.

    4. “Department of Health and Human Services” (DHHS) MandatoryGuidelines for Federal Workplace Drug Testing Programs (the DHHS Guidelines) means those guidelines as printed in the April 11, 1988 Federal Register (53 C.F.R. 11970), as they may be amended from time to time.

    5. “Reasonable suspicion” means a suspicion which is based on specific,objective facts derived from the surrounding circumstances from which it is reasonable to infer that further investigation is warranted.

  2. 25.2  Circumstances When Testing May be Required
    The Employer may require an employee to submit to alcohol and/or drug

    testing under any of the following circumstances:

    1. As part of the initial screening process for employment applicants.

    2. As required by the Federal Highway Administration, Department of Transportation, Omnibus Transportation Employee Testing Act of 1991 (OTETA).

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

C. When an employee is promoted; provided that only the employee selected for promotion shall be tested; and provided further that a drug test under this subsection shall not be conducted if the employee promoted has had a negative drug test within the past six (6) months.

  1. When one or two managerial and/or supervisory employees make the observation and determine that there is reasonable suspicion that an employee is using, or under the influence of a controlled substance/drug while on duty, or that the employee is abusing alcohol or controlled substance/drugs and the abuse either adversely affects his job performance or represents a threat to the safety of the employee, his co-workers, or the public, and the basis for the reasonable suspicion is communicated to a Union representative; provided that if, after reasonable efforts, the supervisory/managerial employees are unable to contact a Union representative within one (1) hour, the employee may be required to submit to testing.

  2. When an employee who is operating a City vehicle, or operating any vehicle while on City business, is involved in an accident involving personal injury or property damage which could result in liability of, or loss to, the Employer.

  3. At any time within one year after an employee has been counseled or otherwise disciplined because of a problem with alcohol or controlled substance/drugs, or within one year after an employee has tested positive for the presence of alcohol or illegal drugs. No employee shall be tested more than one time per year under this provision, unless a rehabilitation or aftercare program specifies more frequent testing.

  4. As part of a Random Drug and Alcohol Testing Program applicable to employees in safety-sensitive positions in accordance with criteria setforth in Appendix C. Management’s designation of a position as “safety-sensitive” shall be subject to appeal to the Director of Employee Services, or designee, whose decision may be subject to arbitration. An employee who disputes the safety-sensitive designation of his/her position shall be required to submit a sample in accordance with testing procedures but the results of the test shall be sealed until the dispute has been resolved.

  5. In determining a position to be “safety sensitive”, consideration will be given to “safety sensitive,” as defined in Chapter 112, Florida Statutes.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

25.3 Testing Procedures

  1. When an employee is required to provide specimens for these testing procedures, the employee shall be required to provide one specimen (large enough to provide two (2) separate samples) at the time of collection in order to facilitate the testing procedures described in this Article. The Employer shall follow chain of custody procedures consistent with the DHHS and/or OTETA Guidelines.

  2. The threshold level or cut-off limit shall be established in accordance with the DHHS and/or OTETA Guidelines, or in accordance with generally accepted medical procedures, where such limits have not been established by the DHHS or OTETA Guidelines.

  3. The City shall notify the Union of the specific procedures to be utilized in the drug testing program, including the site(s) where specimens will be collected, in advance of implementing the program.

  4. The Employer shall observe the following procedures to the extent that they are not inconsistent with the DHHS and/or OTETA Guidelines:

    1. (1)  The Employer shall submit the first of the samples to an immunochemical assay or radio-immunoassay test or currently acceptable DHHS Guideline test. If the results of this test are negative, no further testing will be required.

    2. (2)  If the results of the initial test provided for in Article 25.3(D) 1 are positive, the Employer will submit the sample for further testing using the gas chromatography/mass spectrometry (GC/MS) method or other method specified by DHHS Guidelines to verify the initial test results. The Employer will not notify any person about the initial positive result, until it has been confirmed as provided for in this Article.

  5. If the results of the second test for controlled substance/drugs that is provided for in Article 25.3(D)(2) are positive, as confirmed by a qualified medical review officer, the Employer shall promptly notify the employee of the results. At that time, the employee may elect to have the second sample subjected to testing.

  6. Employees who are tested on the basis of reasonable suspicion will, depending on the nature of their job duties, be returned to their job, assigned to a different work location, or placed on administrative leave with pay pending receipt of the test results.

  7. When testing is performed under the auspices of the Omnibus Transportation Employee Testing Act of 1991, the Federal protocol must be followed.

80

25.6 A.

The Employer will pay the cost of any physical examinations and tests required by this article.

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

  1. 25.4  Rehabilitative Action

    1. If the tests on the second sample are positive, or if the employee does not request testing of the second sample, the Employer may take rehabilitative action as provided for in this Article.

    2. The Employer may require an employee who has tested positive for the presence of controlled substance/drugs to submit to counseling, or other rehabilitative treatment as a condition of continued employment.

    3. This Article shall not be construed to limit the Employer’s right to take appropriate corrective or disciplinary action when an employee tests positive for the presence of alcohol or controlled substance/drugs.

  2. 25.5  Corrective Action

    1. If the tests on the second sample are positive, or if the employee does not request testing of the second sample, the Employer may take corrective or disciplinary action in addition to requiring the employee to submit to rehabilitative treatment.

    2. Any employee who refuses to submit to substance abuse testing as required by this article shall be subject to discipline, up to and including discharge from his/her employment.

  1. Physical examinations and/or specimens required by this article will normally be obtained while the employee is on duty. If an employee is required to submit to examinations or testing other than during normal duty hours, the employee shall be paid for all time required for the examination and/or testing.

  2. The physical examinations and tests will be performed by personnel and facilities selected by the Employer in accordance with DHHS guidelines.

  3. Employees who are required by this article to take a physical examination or test shall be required to sign an authorization releasing the records of such examinations and tests to the Employer.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

E. The Employer will, to the extent permitted by law, keep the results of any testing required by this article confidential. Furthermore, any results of positive testing which the Employer later determines have been refuted shall have affixed thereto the subsequent refutation. Test results shall be considered confidential medical records.

  1. 25.7  Training

    1. Employer and Union representatives (all local Union officers and stewards) shall receive training to ensure that they understand their roles and responsibilities in implementing this article. Training will be conducted during normal working hours. Trainers will be experts in the drug abuse/treatment field.

    2. Such training shall include behavioral observation techniques for detecting reduced job performance, and the impairment or change in employee behavior; techniques for recognizing drugs, drug paraphernalia, and the indications of the use, sale, or possession of drugs; alcohol abuse; and the procedures for referral to the Employee Assistance Program.

    3. The lack of such training by a manager/supervisor shall not automatically disqualify a manager/supervisor from making a "reasonable suspicion" determination.

  2. 25.8  It is understood that, except for V. Drug Screening Program B.2, employees inthe Sheriff’s Office shall be subject to the applicable General Order.

  3. 25.9  This alcohol and drug testing program was initiated at the request of theEmployer. The Union participated only to the extent of protecting the rights of workers arising from the administration of the alcohol and drug testing program.

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26.2 A.

Essential employees are those who are required to assist in emergencies as determined by the Employer. Employees designatedas “essential” shall be required to work during the emergency. Essential employees who fail to meet their responsibilities under this provision may be subject to discipline.

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE 26: LIMITED EMERGENCY

In the event of the official declaration of a local emergency or other event as declared by the City elected Official, operational needs may affect some employees differently from others. All employees may be utilized as needed to assist in emergencies as determined by the Employer. Employees will be notified by their Supervisor as to their status.

26.1 Employees who are not required to work are designated as “non-essential”and released from duty shall be granted administrative leave for the balance of their normal shift and for such additional time as authorized by the Mayor.

  1. An employee’s designation as “essential” or “non-essential” maychange due to the nature of the emergency.

  2. Where possible in situations where there is advance notice of an impending emergency, the Employer may authorize employees to take reasonable time, as determined by the Employer, to return home to secure their homes and property and arrange for the safety of their families. Employees will not be charged leave for any such authorized preparation time taken. Following such preparation time, employees must report to work during the emergency.

  3. Employees designated “essential” to the operation who report to work shall be paid in accordance with Article 9.

  4. Employees designated as essential to the operation and who reported to work shall be granted straight time compensatory time for the same number of hours given to employees administrative leave during the emergency.

  5. Employees on previously approved leave, scheduled holiday, authorized leave without pay, or who called in to request leave during the emergency, shall be charged for the leave.

26.3 In non-emergency situations in which employees are requested to leave early to accommodate special events, employees may use annual leave or modify their work schedules, within operational requirements and with the approval of their supervisor. At the Employer’s discretion, there may be times when the employee may not be charged annual leave.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

26.4 During a declaration of emergency by the Mayor, Sheriff or Governor, or when an emergency may reasonably be determined to be imminent, provisions of this Agreement addressing notification, scheduling and shift assignment requirements may be suspended during the time of the declared emergency provided that wage rates and monetary fringe benefits shall not be suspended.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE 27: SEVERABILITY

This agreement is subject to all federal, state and local laws. In the event any article, section, or portion of this Agreement should be held invalid or unenforceable by any court of competent jurisdiction, such decision shall apply only to the specific article, section, or portion thereof specified in the court's decision. Upon request of either party, the parties agree to meet for the purpose of negotiating a substitute for that specific article, section, or portion thereof. All other articles, sections, and portions of this Agreement shall remain valid and enforceable.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE 28: RESIDUAL RIGHTS CLAUSE

  1. 28.1  The Employer retains all rights, powers, functions, and authority it had prior to the signing of this Agreement except as such rights, powers, functions, and authority are specifically relinquished or abridged in this Agreement in accordance with Section 447.309(3), Florida Statutes.

  2. 28.2  All matters pertaining to terms and conditions of employment guaranteed by law to employees within the bargaining unit shall apply except as such matters are specifically abridged or modified by the terms of this Agreement in accordance with Section 447.309(3), Florida Statutes.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE 29: ENTIRE AGREEMENT

  1. 29.1  The parties acknowledge that during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Employer and theUnion voluntarily and unqualifiedly waive the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, this Article shall not be construed to in any way restrict the parties from commencing negotiations under the applicable law on any succeeding Agreement to take effect upon termination of this Agreement.

  2. 29.2  Except as otherwise provided in the Agreement, this Agreement shall go into effect on October 1, 2017 and shall remain in effect through September 30, 2020.

  3. 29.3  AFSCME or the City must provide the other at least a thirty (30) day notice within the expiration of this agreement, prior to the beginning of negotiations.

  4. 29.4  The parties recognize that during the term of this contract, situations may arise which require the terms and conditions not specifically and clearly set forth in the contract to be clarified or amended. Under such circumstances, the Union is specifically authorized the employees to enter into settlement of grievance disputes or memoranda of understanding which clarify or amend this contract without having to be ratified by employees.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEESSALARY SCHEDULE

page88image11331440

AFSCME SALARY SCHEDULE October 1, 2017

PAY GRADE

START RATE

MAXIMUM RATE

15.03

$1,438.20

page88image15486096

$2,767.89

15.04

$1,496.37

$2,879.81

15.05

$1,560.30

$3,003.00

15.06

$1,630.16

$3,137.43

15.07

$1,711.55

$3,294.07

15.08

$1,810.41

$3,484.49

15.09

$1,920.95

$3,697.24

15.10

$2,043.17

$3,932.33

15.11

page88image10055904

$2,188.54

$4,212.20

15.12

page88image7972064

$2,357.24

$4,536.87

15.13

page88image10058816

$2,549.31

$4,906.42

15.14

$2,770.29

$5,331.84

15.15

$3,026.30

$5,824.40

15.16

page88image15493824

$3,322.88

$6,094.45

page88image15507712

AFSCME SALARY SCHEDULE October 1, 2018

PAY GRADE

page88image11343984 page88image11343536

START RATE

MAXIMUM RATE

page88image15494160 page88image10063184

15.03

page88image15494384 page88image7984752 page88image15494272

$1,502.92

page88image7986000

$2,892.45

15.04

page88image7988080

$1,563.71

$3,009.40

15.05

page88image7990784

$1,630.51

$3,138.14

15.06

$1,703.52

$3,278.61

15.07

$1,788.57

$3,442.30

15.08

$1,891.88

$3,641.29

15.09

$2,007.39

$3,863.62

15.10

$2,135.11

$4,109.28

15.11

$2,287.02

$4,401.75

15.12

$2,463.32

$4,741.03

15.13

$2,664.03

$5,127.21

15.14

$2,894.95

$5,571.77

15.15

$3,162.48

$6,086.50

15.16

$3,472.41

$6,368.70

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

page89image11324496

AFSCME SALARY SCHEDULE October 1, 2019

PAY GRADE

START RATE

MAXIMUM RATE

15.03

$1,570.55

page89image15535600

$3,022.61

15.04

$1,634.07

$3,144.82

15.05

$1,703.89

$3,279.35

15.06

page89image9980192

$1,780.18

$3,426.15

15.07

$1,869.06

$3,597.21

15.08

$1,977.01

$3,805.15

15.09

page89image9987056

$2,097.73

$4,037.48

15.10

$2,231.19

$4,294.20

15.11

$2,389.94

$4,599.83

15.12

page89image9993920

$2,574.17

$4,954.38

15.13

page89image9996208

$2,783.91

$5,357.93

15.14

page89image9998496

$3,025.23

$5,822.50

15.15

$3,304.80

$6,360.39

15.16

page89image15537616

$3,628.67

$6,655.29

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

AFSCME, COUNCIL 79 BARGAINING UNIT APPENDIX A

CLASS page90image10005984page90image10006608page90image10006192page90image10004736page90image10006816page90image10007024PAY CODE CLASS TITLE page90image10007232page90image10007440page90image10007648GRADE

page90image15566736page90image15566400page90image15566848page90image15566624page90image10050912page90image15567856page90image10051536page90image10051744page90image15568192page90image10052368page90image10052576page90image10052784page90image10052992page90image10053200page90image10053408page90image10053616

Z0001 A&P MECHANIC INSPECTOR

C0001 ABSTRACT CLERK A0006 ACCOUNT CLERK

A0011 ACCOUNT TECHNICIAN
A0015 ACCOUNT TECHNICIAL SPECIALIST W0136 ADA PROGRAM COORDINATOR

B0002 ADMINISTRATIVE SPECIALIST

Z0026 AIR CONDITIONING & HEATING OPERATOR

Z0013 AIR CONDITIONING & HEATING TECHNICIAN

T0034 ANIMAL BEHAVIOR COORDINATOR

  1. T0031  ANIMAL CARE ASSISTANT

  2. T0032  ANIMAL CARE ASSISTANT SENIOR

T0016 ANIMAL CODE ENFORCEMENT OFFICER

T0021 ANIMAL CODE ENFORCEMENT OFFICER SENIOR

T0027 ANIMAL FOSTER COORDINATOR

T0033 ANIMAL PLACEMENT COORDINATOR W0002 ATHLETICS COORDINATOR

Z0061 AUTOMOBILE AND TRUCK TECHNICIAN

Z0076 AUTOMOBILE AND TRUCK TECHNICIAN CREW LEADER O0001 AUTOPSY TECHNICIAN

N0070 AUTOPSY TECHNICIAN SENIOR

  1. L0061  BUILDING PERMIT & LICENSE INSPECTOR

  2. L0062  BUILDING PERMIT & LICENSE INSPECTOR SENIOR

  1. L0070  BUILDING PLANS EXAMINER

  2. L0071  BUILDING PLANS EXAMINER SENIOR

15.13

15.10

15.09

15.10

15.12

15.13

15.10

15.09

15.12

15.11

15.08

15.10

15.10

15.12

15.12

15.12

15.13

15.11

15.12

15.10

15.12

15.12

15.13

15.14

15.15

page90image10024704page90image11328752page90image10074000page90image11323824page90image10074624page90image10074832page90image10075040page90image11329200page90image10075664page90image10075872page90image11319344page90image10076496page90image11323152page90image10077120page90image10077328page90image10077536page90image11313184page90image10078160page90image10078368page90image10078576page90image11320240page90image10079200page90image10079408page90image11328640page90image10080032page90image11327072page90image10080656page90image10080864page90image11318000page90image10081488page90image11316096page90image10082112page90image10082320page90image11350256page90image10082944page90image11323040page90image10083568page90image10083776page90image11320688page90image10084400page90image11337152page90image10085024page90image10085232page90image11347792page90image10085856page90image11320016page90image10086480page90image10086688page90image10086896page90image11326400page90image10087520page90image10087728page90image11336928page90image10088352page90image11339392page90image10088976page90image10089184page90image11346224page90image10089808page90image11349248page90image10090432page90image10090640page90image11315872page90image10091264page90image11339616page90image10091888page90image10092096page90image11342640page90image12058832page90image11318448page90image12059456page90image12059664page90image12059872page90image11320912page90image12060496page90image12060704page90image11319232page90image12061328page90image11329760page90image12061952page90image12062160page90image11332560page90image12062784page90image11327184page90image12063408page90image12063616page90image12063824page90image11321136page90image12064448page90image12064656page90image11316208page90image12065280page90image11312848page90image12065904page90image12066112page90image11316880page90image12066736page90image11322816page90image12067360page90image12067568page90image11335584page90image12068192page90image11343648page90image12068816page90image12069024page90image12069232page90image11350032page90image12069856page90image12070064page90image12070272page90image11318224page90image12070896page90image12071104page90image12071312page90image11325280

V0042 BUYER page90image1207193615.13

page90image12072144page90image12072352page90image11347456page90image12072976

V0043 BUYER ASSISTANT

15.10

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Z0116 CARPENTER page90image1207464015.09

page90image12074848page90image12075056page90image11314752page90image12075680

A0012 CLAIMS INTAKE SPECIALIST

C0081 CLERICAL SUPPORT AIDE II C0141 CLERICAL SUPPORT AIDE III C0143 CLERICAL SUPPORT SPECIALIST

L0051 CODE COMPLIANCE OFFICER
L0065 CODE COMPLIANCE OFFICER SENIOR W0043 COMMUNITY ACTIVITIES COORDINATOR

F0014 CONFIGURATION/ASSET MANAGEMENT SPECIALIST L0200 CONSTRUCTION TRADES INSPECTOR

L0202 CONSTRUCTION TRADES INSPECTOR SENIOR L0073 CONSTRUCTION TRADES PLANS EXAMINER

L0077 CONSTRUCTION TRADES PLANS EXAMINER SENIOR B0276 CONSUMER AFFAIRS INVESTIGATOR

15.10

15.07

15.09

15.11

15.13

15.14

15.12

15.11

15.14

15.15

15.15

15.16

15.12

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90

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

page91image11315200page91image11324608page91image11325504page91image12144528page91image12144736page91image11324048page91image11332784

B0277 CONSUMER AFFAIRS INVESTIGATOR SENIOR L0001 CONTRACT COMPLIANCE INSPECTOR
CO274 CONTRACTOR CERTIFICAITON COORDINATOR C0094 COURT INTAKE SPECIALIST

C0087 COURT OPERATIONS SPECIALIST

  1. C0092  COURT RECORDS AIDE

  2. C0093  COURT RECORDS AIDE SENIOR

C0091 COURT RECORDS CLERK

  1. E0023  CUSTODIAN

  2. E0024  CUSTODIAN SERVICES WORKER

B0265 CUSTOMER SERVICE REPRESENTATIVE

  1. B0268  CUSTOMER SERVICE REPRESENTATIVE SENIOR

  2. B0269  CUSTOMER SERVICE SPECIALIST

  1. F0024  DESKTOP SUPPORT TECHNICIAN

  2. F0025  DESKTOP SUPPORT TECHNICIAN SENIOR

T0126 DISABLED PARKING ADMINISTRATOR C0271 ELECTIONS AIDE

  1. C0269  ELECTIONS ASSISTANT II

  2. C0270  ELECTIONS ASSISTANT III

C0275 ELECTIONS TRAINING AIDE

N0011 E-LIBRARY SPECIALIST
T0170 EMERGENCY SYSTEMS SPECIALIST

T0169 EMERGENCY SYSTEMS TECHNICIAN

C0120 EMPLOYEE BENEFITS SPECIALIST

G0091 ENGINEERING AIDE

Z0300 EQUIPMENT PROCUREMENT COORDINATOR

T0272 FINGERPRINT TECHNICIAN

T0270 FINGERPRINT TECHNICIAN TRAINEE
T0175 FIRE MUSEUM ADMINISTRATOR
A0030 FIRE RESUCE EMS BILLING AND CODING SPECIALIST

  1. A0021  FIRE/RESCUE ADMINISTRATION SPECIALIST

  2. A0022  FIRE/RESCUE ADMINISTRATION TECHNICIAN

T0165 FIRE/RESCUE COMMUNICATIONS OFFICER
Z0099 FIRE/RESUCE VEHICLE AND EQUIPMENT CREW LEADER

Z0062 FIRE/RESCUE VEHICLE AND EQUIPMENT TECHNICIAN Z0271 FLEET FACILITIES COORDINATOR
Z0276 FLEET FUEL & ENVIRONMENTAL TECHNICIAN

Z0273 FLEET GENERAL SERVICES TECHNICIAN
Z0275 FLEET PREVENTIVE MAINTENANCE TECHNICIAN Z0063 FLEET SERVICE WRITER

Z0067 FLEET SERVICE WRITER SENIOR Z0263 FLEET SERVICES DRIVER

N0072 FORENSIC INVESTIGATOR N0068 FORENSIC PHOTOGRAPHER

Z0306 GENERAL MAINTENANCE WORKER
Z0072 HEAVY OFF-ROAD EQUIPMENT TECHNICIAN

Z0071 HEAVY VEHICLE TECHNICIAN
Z0078 HEAVY VEHICLE TECHNICIAN CREW LEADER

15.13

15.13

15.10

15.13

15.12

15.08

15.09

15.07

15.03

15.05

15.09

15.10

15.12

15.13 15.15

15.13

15.10

15.07

15.09

15.10

15.13

15.15

15.13

15.13

15.09

15.14

15.11

15.10

15.13

15.12

15.12

15.11

15.12

15.12

15.11

15.11

15.11

15.07 15.10

15.08

15.10 15.10

15.13 15.10

15.08 15.11

15.11 15.12

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91

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

page92image15592944page92image15567744page92image17582576page92image12070272page92image12070480page92image17565552page92image17577312

Z0315 HELPER
L0063 HISTORIC PRESERVATION CODE INSPECTOR P0147 HOUSING REHABILITATION SPECIALIST V0067 INVENTORY CONTROL SPECIALIST
V0069 INVENTORY CONTROL/SERVICE SPECIALIST Z0550 IRRIGATION TECHNICIAN

B0255 JCC – DATA RESEARCH ASSISTANT V0066 JFRD INVENTORY CONTROL SPECIALIST

B0299 JSO COMMUNITY SERVICES OFFICER
T0296 JSO PUBLIC RECORDS COORDINATOR
P0149 LABOR STANDARDS COMPLIANCE COORDINATOR

O0082 LABORATORY TECHNICIAN
R0053 LAND MANAGEMENT AGENT SENIOR

G0116 LAND SURVEY WORKER
G0106 LAND SURVEY WORKER SENIOR

L0067 LANDSCAPE INSPECTOR U0077 LANDSCAPE PLANS EXAMINER

N0008 LIBRARY ASSISTANT

N0007 LIBRARY CLERK

Z0355 MACHINIST/FLUID POWER MECHANIC

Z0391 MAINTENANCE ELECTRICIAN
C0449 MARINA AND WATERWAYS ASSISTANT

A0029 ME – ADMINISTRATION SPECIALIST

C0335 MEDICAL TRANSCRIPTIONIST

F0023 MICROCOMPUTER SPECIALIST I

Z0209 MOSQUITO CONTROL EQUIPMENT MAINTENANCE TECHNICIAN

P0110 MOSQUITO CONTROL LEAD TECHNICIAN

P0109 MOSQUITO CONTROL TECHNICIAN I P0116 MOSQUITO CONTROL TECHNICIAN II P0111 MOSQUITO CONTROL WORKER

L0092 MOTOR VEHICLE INSPECTOR

W0073 PARK RANGER

T0222 PARKING ENFORCEMENT LEAD SPECIALIST T0226 PARKING ENFORCEMENT SPECIALIST

T0231 PARKING EQUIPMENT MECHANIC T0211 PARKING FACILITY OPERATOR C0170 PARKING SPECIALIST

A0024 PAYROLL ANALYST
C0127 PENSION ASSISTANT
A0020 PENSION PAYROLL SPECIALIST

C0160 PERMIT ASSISTANT B0201 PERSONNEL CLERK

B0203 PERSONNEL CLERK – JSO P0122 PILOT - A & P MECHANIC P0144 PLANNING TECHNICIAN

Z0556 PLUMBER
T0179 POLICE COMMUNICATIONS RECORDS CUSTODIAN

T0160 POLICE EMERGENCY COMMUNICATIONS OFFICER92

15.03

15.14

15.14

15.13

15.13

15.11

15.12

15.13

15.11

15.11

15.13

15.12

15.14

15.07 15.09

15.12

15.14

15.10

15.07

15.11

15.12

15.13

15.12

15.12

15.11

15.09

15.10

15.06

15.08

15.03

15.10

15.08

15.10

15.07

15.07

15.06

15.09

15.15 15.12

15.13

15.10 15.10

15.10 15.13 15.13

15.12 15.12

15.12

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

page93image14174080page93image14174496page93image11374448page93image11374784page93image11374560page93image11375568page93image11376912

T0167 POLICE EMERGENCY COMMUNICATIONS OFFICER I T0162 POLICE EMERGENCY COMMUNICATIONS OFFICER II T0310 POLICE PHOTOGRAPHER

  1. T0276  POLICE SERVICES TECHNICIAN I

  2. T0277  POLICE SERVICES TECHNICIAN II

Z0400 POOL MECHANIC

B0057 PRECINCT FACILITIES COORDINATOR

  1. F0017  PRODUCTION CONTROL TECHNICIAN I

  2. F0018  PRODUCTION CONTROL TECHNICIAN II

  3. F0019  PRODUCTION CONTROL TECHNICIAN III

  1. W0134  PROGRAM AIDE

  2. W0135  PROGRAM SUPPORT AIDE

L0026 PROJECT INSPECTOR

L0015 PROJECT INSPECTOR – LANDSCAPE
B0241 PROPERTY & CASUALTY CUSTOMER SERVICE REPRESENTATIVE

F0052 RADIO SYSTEMS ENGINEER SENIOR F0044 RADIO SYSTEMS TECHNICIAN

F0043 RADIO SYSTEMS TECHNICIAN SENIOR

W0072 RECREATION ACTIVITIES COORDINATOR

W0071 RECREATION LEADER
D0010 REPRODUCTION SYSTEMS OPERATOR 
– JSO

  1. D0012  REPRODUCTION SYSTEMS OPERATOR I

  2. D0013  REPRODUCTION SYSTEMS OPERATOR II

  1. C0201  REVENUE COLLECTOR

  2. C0202  REVENUE COLLECTOR SENIOR

E0113 SECURITY GUARD – JSO

O0083 SENIOR LABORATORY TECHNICIAN

  1. F0029  SERVICE DESK REPRESENTATIVE I

  2. F0030  SERVICE DESK REPRESENTATIVE II

W0131 SERVICES COORDINATOR

U0202 SIGN SHOP OPERATOR Y0099 SOCIAL SERVICES AIDE

U0165 SOLID WASTE COMPLIANCE INSPECTOR L0014 SOLID WASTE FRANCHISE INVESTIGATOR U0155 SOLID WASTE WEIGHMASTER

U0154 SOLID WASTE WEIGHMASTER II C0121 STOCK CLERK

C0123 SUPPLY COORDINATOR

B0059 SUPPLY SPECIALIST – JSO B0058 SUPPLY TECHNICIAN – JSO

V0053 SURPLUS PROPERTY COORDINATOR

  1. C0211  TAX ASSISTANT

  2. C0212  TAX ASSISTANT SENIOR

  3. C0213  TAX ASSISTANT SPECIALIST

F0152 TECHNOLOGY SUPPORT TECH – TC

F0131 TECHNOLOGY SUPPORT TECH SENIOR – TC

  1. Z0277  TIRE TECHNICIAN I

  2. Z0278  TIRE TECHNICIAN II

15.09

15.10

15.12

15.09

15.10

15.11

15.10

15.10

15.12

15.13

15.07

15.12

15.13

15.13

15.12

15.15

15.12

15.14

15.11

15.10

15.10

15.10

15.11

15.09

15.10

15.09

15.13

15.11

15.13

15.10

15.08

15.11

15.11

15.14

15.10

15.11

15.07

15.09

15.11 15.10

15.11 15.09

15.10

15.12 15.13

15.14 15.08 15.10

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93

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

U0201

TRAFFIC SIGN INSTALLER

15.07

U0197

TRAFFIC SIGNAL REPAIRER

15.11

U0250

TRAFFIC SIGNAL SYSTEMS OPERATOR

15.13

U0196

TRAFFIC SIGNAL TECHNICIAN

15.12

C0142

TRAINING AIDE

15.09

C0126

TREASURY AIDE

15.10

C0088

TRIAL CLERK I

15.12

C0095

TRIAL CLERK II

15.13

Z0660

UTILITY WORKER

15.03

Z0041

VEHICLE BODY TECHNICIAN

15.11

T0017

VETERINARY ASSISTANT

15.10

T0023

VETERINARY TECHNICIAN

15.11

T0030

VETERINARY TECHNICIAN

15.12

B0233

VOCATIONAL TRAINING SPECIALIST

15.13

C0122

WAREHOUSE SPECIALIST

15.08

B0064

WARRANTY SPECIALIST

15.10

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Z0681

WELDER

15.11

Z0682

WELDER ASSISTANT

15.09

T0401

ZONING ASSISTANT

15.12

94

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

APPENDIX B - PREAMBLE

On May 11, 2004 the State of Florida Public Employees Relations Commission (PERC) issued Certification #1478 which certified the American Federation of State, County and Municipal Employees, Council 79, AFL-CIO as the bargaining agent for a bargaining unit that includes certain part-time, temporary, grant or special purpose employees (including Community Services Officer) of the City of Jacksonville. These employees, who are described in the May 11, 2004 order of the Public Employees Relations Commissions Case Number, EL-2004-008, will be referred to in this appendix as "eligible employees." This appendix sets forth the agreement reached by the City of Jacksonville and AFSCME with regard to the terms and conditions of employment of the eligible employees.

It is the City’s intention to utilize temporary/seasonal employees in this bargainingunit on a full-time basis for periods not to exceed one hundred twenty (120) days per calendar year for reasons including, but not limited to, special projects or replacing employees on extended leave, or to meet seasonal needs.

The City has identified part-time positions that are expected to be required for an indefinite period, but which require the services of an eligible employee for no more than an average of twenty five (25) hours per week, fifty (50) hours per pay period. Employees who work in such part time positions will continue to be eligible employees, covered by the Appendix of this Agreement.

The term “eligible employee” in this appendix shall refer to the following employees:

Part-time bargaining unit employees currently identified as bargaining unit 179 employees. These employees are eligible for benefits.

It is recognized that the use of temporary, seasonal, and part-time employees is to supplement full time employees; not to reduce the number of full time employees.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE B-1: ARTICLES ADOPTED BY REFERENCE

The current provisions of Articles 1 through 8, 13, 19, 24, 25, 26, 27, 28 and 29 of the Agreement reached between the City of Jacksonville and the American Federation of State, County and Municipal Employees, Florida Council 79, (the Agreement) are hereby adopted by reference and made a part hereof.

ARTICLE 1: ARTICLE 2: ARTICLE 3: ARTICLE 4: ARTICLE 5: ARTICLE 6: ARTICLE 7: ARTICLE 8: ARTICLE 13: ARTICLE 19: ARTICLE 24: ARTICLE 25: ARTICLE 26: ARTICLE 27: ARTICLE 28: ARTICLE 29:

UNION RECOGNITION
UNION SECURITY
UNION RIGHTS
MANAGEMENT RIGHTS AND SECURITY PERFORMANCE PARTNERSHIP SPECIAL MEETINGS

UNION ACTIVITY
BULLETIN BOARDS
SAFETY AND HEALTH
GRIEVANCE PROCEDURE
PERSONAL LEAVE (PLAN H)
ALCOHOL & DRUG ABUSE POLICY AND PROCEDURES LIMITED EMERGENCY

SEVERABILITY
RESIDUAL RIGHTS CLAUSE ENTIRE AGREEMENT

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE B-2: GRIEVANCES AND SEPARATIONSB-2.1 Grievance Procedure

  1. No eligible employee has a right to the Civil Service complaint/grievance procedure. The sole complaint/grievance procedure available to eligible employees shall be the Article 19 grievance procedure.

  2. Eligible employees may grieve separations from employment. Separation grievances will be heard at Step IV of the grievance process as outlined in Article 19 and the decision will be final and is not subject to arbitration. Eligible employees may be separated from employment only for legal reasons.

The Union recognizes and agrees that the City will reopen negotiations with the Union regarding Article B-2 at a mutually agreeable date, time and location following reception of the City’s notice to bargain which shall be issued in January 2019. Nothing in this article shall prohibit either party from challenging the legality of any part of this article.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE B-3: HOLIDAYS
B-3.1 Eligible employees shall be entitled to compensation as provided for in

Articles B-3.2 and B-3.3 for the eleven (11) holidays below:

Date

Event

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January First (1st)

New Year’s Day

Third Monday in January

Martin Luther King's Birthday

Third Monday in February

Presidents’ Day

Last Monday in May

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Memorial Day

July Fourth (4th)

Independence Day

First Monday in September

Labor Day

November Eleventh (11th)

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Veterans’ Day

Fourth Thursday in November

Thanksgiving

Friday after Thanksgiving

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December Twenty-Fourth (24th)

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Christmas Eve

December Twenty-Fifth (25th)

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Christmas Day

  1. B-3.2  Eligibleemployeeswhoarenormallyrequiredtoworkonaholidaylistedin Article B-3.1 will be compensated at their regular hourly rate times the average number of hours they were paid per day during the six weeks prior to the week in which the scheduled holiday occurs. However, no eligible employee who works less than forty (40) hours per week will receive compensation for a holiday unless the holiday is observed on a regular scheduled workday of the eligible employee.

  2. B-3.3  Eligible employees who are required to work on a holiday shall be compensated at one and one-half (1-1/2) times their straight time pay for all hours worked on the holiday, in addition to being paid for the holiday pursuant to Article B-3.1.

  3. B-3.4  Eligible employees shall be eligible for holiday pay unless he/she:

    1. (1)  has an unexcused absence on the last regular workday preceding the holiday, or on the next regular work day following the holiday; or

    2. (2)  is scheduled to work on the holiday, and fails to report for work without a justifiable reason; or

    3. (3)  is receiving a wage benefit from workers’ compensation.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE B-4: HOURS OF WORK AND OVERTIME PAYMENTB-4.1 SCHEDULES

Eligible employees’ work schedules shall be set at the sole discretion of the appropriate Department Director.

B-4.2 OVERTIME

  1. Eligible employees shall be required to work overtime when and as required. The department director or his/her designated representative shall determine the necessity for overtime hours and the composition of the workforce. In order to fairly distribute the benefit of compensable overtime hours among the work-force, the Employershall provide, as far as practicable, equal distribution of overtime hours among permanent and eligible employees.

  2. Eligible employees shall be paid at the rate of one and one-half (1-1/2) times the employee’s regular rate of pay for all hours worked in excess of 40 hours per week. All compensated time shall be included when calculating the forty (40) hour threshold.

    With approval of the department head, the employee may elect to receive compensatory time in lieu of cash. Such election and approval shall be made on forms provided by the Employer. An employee may accrue up to a maximum of forty (40) hours of compensatory time. When the maximum has been reached, compensation for additional overtime worked shall be in the form of cash. Compensatory time that has not been used within eight (8) pay periods of the pay period in which it was earned shall be paid for in cash in the next pay period, except that all compensatory time earned but not used shall be paid for in the last pay period of the fiscal year.

  3. An employee who is called in to work outside of, and not continuous with, his/her regularly scheduled working hours shall be compensated for the time worked at the straight time rate until the employee has worked forty (40) hours for the week, at which time the employee shall be paid at the rate of one and one-half (1-1/2) times the employee's regular rate of pay.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE B-5: WAGES

  1. B-5.1  Eligible employees shall be compensated at the rate determined by their

    department head.

  2. B-5.2  Effective October 1, 2017 – Three percent (3%) wage adjustment.

    Effective October 1, 2018 – Four and a half percent (4.5%) wage adjustment.

    Effective October 1, 2019 – Four and a half percent (4.5%) wage adjustment

    Performance-Based Pay Increases

    For the duration of the contract, no pay for performance increases are authorized.

  3. B-5.3  Shift Differential

    Employees assigned to work a shift which begins after 12:00 p.m. (noon) shall be paid a shift differential of seven (.07) cents per hour for actual hours worked.

  4. B-5.4  Hazardous Duty Pay

    Eligible employees covered by this Appendix who are designated as comparable to classifications entitled to receive hazardous duty pay under Article 10.15 of the Agreement will receive hazardous duty pay of fifty eight (.58) cents per hour for each hour actually worked as provided by Article 10.15. No employee will be eligible for duplicate hazardous duty pay.

  5. B-5.5  Incentive Program

    At its sole discretion, the Employer may from time to time elect to establish incentive programs for individuals or groups which may consist of cash or other awards in recognition of improved job performance, improved safety records, innovative ideas that result in savings or other benefits, or other similar work related improvements, results, or actions, provided the Union is informed in writing of any such programs. The parties agree that incentive programs authorized under Article 10 of the main agreement may be applied to Eligible Employees covered by Appendix B.

B -5.6 FICA Alternative Plan

The City has an alternate FICA (Federal Insurance Contributions Act) plan in which employees covered by this Appendix shall participate in, rather than in the Social Security system.

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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE B-6: INJURY IN LINE OF DUTY

Any eligible employee who sustains a temporary disability as a result of accidental injury in the course of, and arising out of, employment by the Employer shall only be entitled to the benefits payable under the Workers' Compensation Laws of the State of Florida.

If an employee is eligible for monetary benefits under workers’ compensation, normal payroll deductions will continue from workers’ compensation benefits toavoid interrupting Employer provided benefits.

101

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE B-7: INSURANCE AND BENEFITS

  1. B-7.1  The Employer shall provide five thousand dollars ($5,000.00) group term life

    insurance for all eligible employees, at no cost to the employee.

    Eligible employees who are covered by the group term life insurance policy may purchase additional coverage in the amount of five thousand dollars ($5,000.00) or ten thousand dollars ($10,000.00) at their own expense.

  2. B-7.2  ThepartiesagreethatduringthelifeofthisAgreement,theEmployermay,at its sole option, offer a contribution to cover a portion of the premium for medical insurance coverage for temporary employees.

  3. B-7.3  Mileage Reimbursement

    An employee who is required to use his/her personal automobile in the performance of his/her duties, will be reimbursed for operating expenses at the rate-per-mile traveled as prescribed by City Council Ordinance exclusiveof mileage traveled to and from the employee’s work location. The Employerwill also pay the mileage allowance for travel from a permanent job site to a temporary job site and return to the permanent site each day of a temporary assignment for any reason other than replacing employees who are absent.

B-7.4 CDL License Renewal Fees

The Employer will reimburse up to seventy five dollars ($75.00), for the cost ofobtaining or renewing a Commercial Driver’s License, for all employeeswhose jobs require them to maintain a CDL license.

B-7.5 Safety Shoes

Eligible employees who are required to wear safety shoes will receive one hundred twenty-five dollars ($125.00) per year for the purchase of safety shoes. The payment will be made the first pay period in January of each year. Alternatively, the City may elect to provide employees with vouchers to purchase safety shoes from a vendor.

102

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE B-8: JURY AND WITNESS DUTY

An eligible employee who works less than forty (40) hours per week shall have his/her work schedule adjusted to accommodate jury and witness duty. Forty-hour employees shall be governed by the provisions of Article 12.2 and Article 12.3 in the Agreement.

103

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE B-9: MILITARY LEAVE

Leave of absence and re-employment rights of employees inducted into the military service shall be described under the Uniformed Services Employment and Re-employment Rights Act of 1994, Florida Statutes and Florida Administrative Code.

Eligible employees shall be paid for military leave at their regular hourly rate times the average number of hours they have worked per day during the six weeks prior to the military leave (e.g., forty (40) hours a week worked = eight (8) hours pay; thirty (30) hours a week worked = six (6) hours of pay; twenty (20) hours a week worked = four (4) hours pay).

104

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE B-10: BEREAVEMENT LEAVE

Eligible employees may be granted up to two (2) days off without loss of pay as bereavement leave not otherwise chargeable upon the death of a member of theemployee’s immediate family. Employees may use other leave for bereavement of relatives and this leave shall not be unreasonably denied.

Definition of “Immediate Family”

“Immediate Family” Defined

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Spouse

Children

including step-children and children’s spouses

Parents

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including step-parents and parents-in-law

Brothers and Sisters

including half- and step- siblings, and brothers- and sisters- in-law

Aunts, Uncles

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Grandparents

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Grandchildren

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Other relatives who permanently reside with the employee.

Also applies to relatives of the employee’s spouse

105

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE B-11: INTERNAL RECRUITMENT

Parttime employees in Bargaining Unit 179 shall be eligible for internal recruitment if they have worked a minimum of one thousand forty (1,040) hours, unless waived by the Director of Employee Services, within the twelve month (12-month) period immediately preceding the examination date.

106

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

ARTICLE B-12: MATTERS NOT ADDRESSED

To the extent any provision of the Agreement reached between the City of Jacksonville and the American Federation of State, County, and Municipal Employees, Florida Council 79, is not adopted herein by reference, or is not specifically addressed in this Appendix B, said provision is null and of no effect as it relates to employees covered by this Appendix.

107

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

APPENDIX C

SAFETY SENSITIVE POSITIONS DEFINITIONS AND KEY

ABBREVIATION

DEFINITION

1

SPECIAL RISK

EMPLOYEE HAS TO BE CERTIFIED AS A(A)LAW ENFORCEMENT OFFICER OR (B) FIREFIGHTER OR FIRE MARSHALL

2

CORRECTIONAL

WORKS WITH INMATES/DETAINEES IN THE CORRECTIONAL SYSTEM

3

DOT/CDL

PERFORMS WORK FOR WHICH A COMMERCIAL DRIVERS LICENSE (CDL) IS REQUIRED BY DOT

4

EMERGENCY

PERFORMS LIFE-THREATENING PROCEDURES

5

FIREARM

CARRIES A FIREARM OR WORKS CLOSELY WITH SOMEONE WHO CARRIES A FIREARM

6

CHILDREN/VULNERABLE ADULTS

SUPERVISES OR INSTRUCTS CHILDREN OR WORKS WITH OR SUPERVISES VULNERABLE ADULTS, SUCH AS THE EDERLY OR DISABLED PERSONS, FOR WHICH A BACKGROUND CHECK PER F.S. 110.1127 IS REQUIRED

7

SAFETY INSEPCTION

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PERFORMS SAFETY INSPECTIONS

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8

CONFIDENTIAL INFORMATION/DOCUMENTS

WORKS WITH CONFIDENTIAL INFORMATION/DOCUMENTS

9

CONTROLLED SUBSTANCES

STORES CONTROLLED SUBSTANCES

10

HEAVY OR DANGEROUS EQUIPMENT OR MACHINERY

OPERATES HEAVY OR DANGEROUS EQUIPMENT, MACHINERY OR MECHANICAL DEVICES

11

OTHER SAFETY-SENSITIVE

PERFORMS PERILOUS WORK OR ANY WORK WHERE A MOMENTARY LAPSE IN ATTENTION COULD RESULT IN INJURY OR DEATH TO ANOTHER PERSON

108

SUBJECT

PAGE

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

INDEX

ACCIDENTAL DEATH BENEFITS.....................................................................................................37 AGENT OF RECORD .....................................................................................................................38 ALCOHOL AND DRUG ABUSE POLICY AND PROCEDURES ......................................................78 ANNUAL LEAVE

ACCRUAL (PLAN E) ................................................................................................................69 ACCRUAL (PLAN H)................................................................................................................74 APPROVAL (PLAN E)...............................................................................................................69 APPROVAL (PLAN H) ..............................................................................................................75 MAXIMUM ACCRUAL (PLAN E) .............................................................................................70 MAXIMUM ACCRUAL (PLAN H).............................................................................................75 MINIMUM USAGE (PLAN E) ....................................................................................................70 MINIMUM USAGE (PLAN H)....................................................................................................75 RETIREMENT (PLAN E)..............................................................................................................70 RETIREMENT (PLAN H) .............................................................................................................75 ROLLBACK (PLAN E) ...............................................................................................................70 SELLBACK (PLAN E).................................................................................................................70 TERMINATION PAY (PLAN E) ..................................................................................................72 TERMINATION PAY (PLAN H)..................................................................................................76 TERMINAL LEAVE BENEFITS (PLAN E)......................................................................................73

APPENDIX A (BARGAINING UNIT LIST).........................................................................................90 APPENDIX B (PREAMBLE)..............................................................................................................95 ARTICLES ADOPTED BY REFERENCE ......................................................................................96 GRIEVANCES AND SEPARATIONS .........................................................................................97 HOLIDAYS ................................................................................................................................98 HOURS OF WORK AND OVERTIME PAYMENT.......................................................................99 WAGES...................................................................................................................................100 INJURY IN LINE OF DUTY .......................................................................................................101 INSURANCE AND BENEFITS...................................................................................................102 JURY AND WITNESS DUTY .....................................................................................................103 MILITARY LEAVE ....................................................................................................................104 BEREAVEMENT LEAVE...........................................................................................................105 INTERNAL RECRUITMENT.......................................................................................................106 TRANSITION TO FULL-TIME EMPLOYMENT ..........................................................................107 MATTERS NOT ADDRESSED...................................................................................................107 APPENDIX C (SAFETY SENSITIVE POSITIONS DEFINITION AND KEY) ........................................108 APPRENTICESHIP PROGRAM .......................................................................................................49 ARBITRATION ................................................................................................................................60 AUTOMOBILE ALLOWANCE .................................................................................................39, 129 BEREAVEMENT LEAVE ..........................................................................................................66, 105 BULLETIN BOARDS .........................................................................................................................16 CDL LICENSE .........................................................................................................................40, 102 CERTIFICATION PAY .....................................................................................................................48 CLEANING ALLOWANCE .............................................................................................................41 COLLEGE INCENTIVE....................................................................................................................26 COMPENSATION...........................................................................................................................26 CONTRACTING OUT .....................................................................................................................12 CRITICAL EMERGENCY LEAVE BANK ..........................................................................................74

109

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

SUBJECT PAGE

DENTAL HEALTH PLAN ..................................................................................................................38 DEPENDENTS' MEDICAL INSURANCE .........................................................................................38 DIFFERENTIAL PAY.........................................................................................................................27 DISABILITY BENEFITS.......................................................................................................................47 DISCHARGE AND DISCIPLINE ......................................................................................................53 DRUG ABUSE POLICY AND PROCEDURES, ALCOHOL AND ....................................................79 DUES DEDUCTION...........................................................................................................................5 EMPLOYEE BENEFITS .............................................................................................................37, 102 EMPLOYEE ASSISTANCE PROGRAM............................................................................................82 EMPLOYEE REFERRAL PROGRAM................................................................................................34 ENTIRE AGREEMENT .....................................................................................................................87 GRIEVANCE PROCEDURE......................................................................................................56, 97 GROUP HEALTH INSURANCE.................................................................................................37,102 HAZARDOUS DUTY PAY ........................................................................................................34, 100 HOLIDAYS ................................................................................................................................63, 98 HOURS OF WORK AND OVERTIME PAYMENT.......................................................................18, 99 ILLEGAL DRUGS.............................................................................................................................79 INCENTIVE PROGRAMS........................................................................................................33, 100 INJURY IN LINE OF DUTY .......................................................................................................47, 101 INTERNAL RECRUITMENT........................................................................................................50,106 JOB POSTING ................................................................................................................................50 JURY SERVICE........................................................................................................................43, 103 LIFE INSURANCE ...................................................................................................................37, 102 LIMITED EMERGENCY ...................................................................................................................83 MANAGEMENT RIGHTS & SECURITY..............................................................................................9 MEAL ALLOWANCE .....................................................................................................................25 MEDICAL INSURANCE ..........................................................................................................35, 102 MILITARY LEAVE ...................................................................................................................68, 104 OVERTIME COMPENSATION ................................................................................................20, 101 PAID TIME FOR CIVIC DUTY .........................................................................................................43 PARKING SPACES .........................................................................................................................40 PAY INCENTIVE FOR COLLEGE CREDIT.......................................................................................48 PAYROLL DEDUCTIONS PROCESS ...............................................................................................38 PENSION ........................................................................................................................................35 PERFORMANCE-BASED INCREASE ........................................................................................24, 98 PERSONAL LEAVE (PLAN E)..........................................................................................................69

ACCRUAL (PLAN E) ................................................................................................................69 MAXIMUM ACCRUAL (PLAN E) .............................................................................................70 MINIMUM LEAVE USAGE (PLAN E).........................................................................................70 USAGE (PLAN E)......................................................................................................................69

PERSONAL LEAVE (PLAN H) .........................................................................................................74 ACCRUAL (PLAN H)................................................................................................................74 MAXIMUM ACCRUAL (PLAN H).............................................................................................74 MINIMUM LEAVE USAGE (PLAN H)........................................................................................75 USAGE (PLAN H) .....................................................................................................................75

PERSONAL PROPERTY DAMAGE .................................................................................................40 PERSONNEL RECORDS .................................................................................................................54 PREAMBLE........................................................................................................................................3 REASONABLE SUSPICION .............................................................................................................78 RESIDUAL RIGHTS CLAUSE............................................................................................................86

110

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES

SUBJECT PAGE

RETIREMENT LEAVE (PLAN E)........................................................................................................70 RETIREMENT LEAVE (PLAN H) .......................................................................................................75 REVIEW OF ASSIGNED DUTIES......................................................................................................51 ROLLBACK (PLAN E) .....................................................................................................................70 SALARY SCHEDULE........................................................................................................................88 SAFETY AND HEALTH.....................................................................................................................45 SAFETY EQUIPMENT.......................................................................................................................45 SELLBACK OF PERSONAL LEAVE (PLAN E)..................................................................................70 SERVICE RAISE...............................................................................................................................28 SEVERABILITY .................................................................................................................................85 SHIFT ASSIGNMENTS................................................................................................................19, 21 SHIFT DIFFERENTIAL ...............................................................................................................27, 100 SHOE ALLOWANCE ...............................................................................................................42,102 SPECIAL LEAVE DAY ...............................................................................................................69, 74 SPECIAL MEETINGS .......................................................................................................................12 SPECIAL PAY .................................................................................................................................26 STAND-BY PAY...............................................................................................................................34 SUPPLEMENTAL COMPENSATION FOR INJURY-IN-LINE OF DUTY..............................................47 SUPPLEMENTAL PAY......................................................................................................................31 TERM OF CONTRACT ...................................................................................................................87 TRAINING AND EDUCATIONAL ASSISTANCE PROGRAMS ........................................................48 TOOL ALLOWANCE ......................................................................................................................38 TOTAL QUALITY PARTNERSHIP......................................................................................................11 UNIFORMS .....................................................................................................................................41 UNION ACTIVITY (REPRESENTATION)...........................................................................................13 UNION DUES ....................................................................................................................................6 UNION RECOGNITION....................................................................................................................4 UNION RIGHTS.................................................................................................................................8 UNION SECURITY .............................................................................................................................5 VOTING..........................................................................................................................................43 WAGES...................................................................................................................................45, 100 WITNESS SERVICE ..................................................................................................................44, 103 WORKERS' COMPENSATION................................................................................................47, 101

111

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