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COLLECTIVE BARGAINING AGREEMENT

Between

SARASOTA COUNTY

and the

CITRUS, CANNERY, FOOD PROCESSING AND ALLIED WORKERS,

DRIVERS, WAREHOUSEMEN AND HELPERS, LOCAL UNION #173

Covering the Period

October 1, 2014 to September 30, 2017

Preamble......................................................................................................1ARTICLE I Recognition..................................................................................................2ARTICLE II Management Rights......................................................................................3ARTICLE III No Strike Provision......................................................................................6ARTICLE IV Union Rights and Responsibilities...............................................................7ARTICLE V Work Week and Work Schedules..............................................................11ARTICLE VI Overtime....................................................................................................13ARTICLE VII Leave..........................................................................................................16ARTICLE VIII Grievance and Arbitration Procedure.........................................................18ARTICLE IX Layoff and Reemployment.........................................................................24ARTICLE X Pay Plan.....................................................................................................25ARTICLE XI Insurance and Retirement...........................................................................33ARTICLE XII Substance Abuse Policy.............................................................................35ARTICLE XIII Sarasota County Government Safety Policy..............................................36ARTICLE XIV Sarasota County Government Human Resources Policies, Procedures and

Guidelines..................................................................................................37ARTICLE XV Modification and Severability....................................................................38ARTICLE XVI Entire Agreement.......................................................................................39ARTICLE XVII Duration of Agreement..............................................................................40ARTICLE XVIII Labor Management Committee.................................................................41ADDENDUM A Performance Evaluation …………………………………………………42

PREAMBLE

This Agreement is made and entered into at Sarasota, Florida this day of March17 , 2015, by and between the Board of County Commissioners of Sarasota County, ("County"), and the Citrus, Cannery, Food Processing and Allied Workers, Drivers, Warehousemen and Helpers, Local Union#173 (“Union”).

ARTICLE I

RECOGNITION

Section 1.1. The County recognizes the Union as the exclusive collective bargaining representative for the purposes of determining terms and conditions of employment for career service employees assigned to positions allocated to job classifications in the bargaining unit described in the “Verification of Election Results and Certification of Exclusive Collective Bargaining Representative” issued by the State of Florida Public Employees Relations Commission on February 7, 1995, in the matter of Case No. RC-94-018, as well as employees assigned to positions allocated to the job classification of Environmental Pest Management Technician.

Section 1.2. The job titles in use in the County at the time of the 1995 representation election, and which appear in the “Verification of Election Results and Certification of Exclusive Collective Bargaining Representative” referenced in Section 1.1, are for descriptive purposes only. Their use is neither an indication nor a guarantee that these job titles will continue to be utilized by the County. However, it is understood and agreed that the types of work assigned to positions allocated to the job classes bearing those titles at the time of the 1995, representation election are intended to be included in the bargaining unit certified by the Florida Public Employees Relations Commission on February 7, 1995 in the matter of Case No. RC-94-018.

Section 1.3. Whenever the word “Employee” is used in this Agreement, it shall be deemed to mean an employee who has successfully completed the initial probationary period designated for a classification. The masculine pronoun may be used for convenience; however, it shall be deemed to include employees of both sexes.

Section 1.4. The Union recognizes the County Administrator, or his designee, as the exclusive collective bargaining representative for the County for the purposes of determining terms and conditions of employment for employees in the bargaining unit, and shall disclose any appeal to the Board of County Commissioners or any of the Commission’s members which is designed to influence or change the strategy, methods or proposals being utilized by the County Administrator during negotiations, including impasse proceedings, except where authorized by law.

ARTICLE II

MANAGEMENT RIGHTS

Section 2.1. Except as specifically and expressly abridged, limited or modified by the written terms of this Agreement, the County retains all of its rights, powers and authority, including, but not limited to:

A. The right to determine the mission, functions and policies of County Government;

B. The right to exercise control and discretion over its organization and operations;

C. The right to set standards of services to be offered to the public;

D. The right to determine the purpose, mission, functions, policies, procedures, organizational structure, budget and staffing level of each of its constituent agencies and Departments;

E. The right to determine, plan, direct and control the operations or services to be performed by employees of the County;

F. The right to determine and, from time to time, redetermine, job content, the duties and responsibilities of each position, the classification of positions, workload and size and composition of the workforce, including the right to establish work and productivity standards, provided the County will, upon request from the Union, after notification by the County, negotiate the impact of any reclassification decision before implementation of a decision;

G. The right to direct the workforce, including the right to establish work schedules;

H. The right to determine the qualifications for all job classes, and to determine the eligibility of, and to examine, all applicants for employment, provided the County will, upon request from the union, following notification by the County, negotiate the impact of any changes in the qualifications of a job class upon the then current employees in that class;

I. The right to examine, select, assign, direct, train, layoff and retain

its employees;

J. The right to relieve its employees from duty because of lack of work or for other appropriate reasons;

K. The right to make, publish and enforce policies, rules and regulations;

L. The right to introduce new or improved methods, equipment or facilities; and

M. The right to contract for goods and services, including the right to subcontract bargaining unit work, provided, however, the County will, upon request from the union, following notification by the County, discuss the impact of any decision to subcontract bargaining unit work upon employees in the bargaining unit.

Section 2.2. The above rights of the County are not all-inclusive but indicate the type of matters or rights which belong to and are inherent in the County in its general capacity as management and shall not be deemed to exclude other proper functions not specifically listed herein or traditionally exercised by the County. Any of the rights, powers, and authority that the County had prior to entering into this collective bargaining Agreement are retained by the County, except as specifically abridged, delegated, granted or modified by this Agreement.

Section 2.3. Should the County fail to exercise any one or more of the above functions from time to time, this will not be deemed a waiver of the County’s right to exercise any or all of such functions.

Section 2.4. It is intended by the parties that the terms of this Agreement shall be consistent with the legislative authority which devolves upon the County Commission of the County of Sarasota. Furthermore, it is understood by the parties that no provision of this Agreement is intended to abrogate the duties, obligations, or responsibilities of any agency or Department of the County which is now expressly provided for respectively by state statute, ordinance, administrative regulation, charter or resolution of the County of Sarasota.

Section 2.5. The County shall have the right, during the term of this Agreement, to terminate selected services and operations permanently. The County shall also have the right, from time to time during this Agreement, to suspend selected services and operations.

Section 2.6. The County shall have the right to discipline employees for just

cause.

A. Disciplinary action shall be limited to the following: oral reprimand, written reprimand, suspension, demotion, and dismissal.

B. In the event a Director or Chief Officer, acting under the authority of the County Administrator, intends to suspend, demote or dismiss an employee covered by this Agreement, the affected employee shall be given notice in writing of the intended disciplinary action, which notice shall inform the employee of the conduct for which the intended disciplinary action is being imposed. An employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity to meet with the Director or Chief Officer prior to the intended disciplinary action being imposed. At that meeting the Director or Chief Officer shall provide the employee with an explanation of the factual basis for the intended disciplinary action and the affected employee shall be offered an opportunity to respond and present any information that the affected employee believes may mitigate against the disciplinary action being imposed.

C. An employee may elect either: 1) to not meet with the Director or Chief Officer, or 2) to not make a statement or provide information to the Director or Chief Officer. Neither such refusal by the employee shall be construed against the employee for any purposes in the disciplinary or grievance process. An employee who elects to meet with the Director or Chief Officer prior to suspension, demotion or dismissal being imposed shall have the right to union representation or other representative of his choice.

Section 2.7. In the event of civil emergency as may be declared by the Board of County Commissioners or the County Administrator, including, but not limited to, civil disorders, hurricanes, tornado conditions, floods or other similar catastrophes, the provisions of this Agreement may be suspended by the Board of County Commissioners or the County Administrator during the time of the declared emergency. The Union shall be advised of any such emergency as soon as practicable.

ARTICLE IIINO STRIKE PROVISION

Section 3.1. Neither the Union, its officers, representatives, agents, members and employees, nor the employees identified in Section 1.1, shall engage in, instigate, promote, sponsor, condone or support in any manner a strike against the County. For purposes of this Article, a strike shall include, but not be limited to: strike, sympathy strike, secondary boycotts, wildcat strikes, slowdowns, concerted stoppages of work, the concerted failure of employees to report for duty; the concerted absence of employees from duty; the concerted stoppage of work by employees; the concerted submission of resignations by employees; the concerted abstinence in whole or in part by any group of employees from the full and faithful performance of the duties of their employment for the purpose of inducing, influencing, condoning, or coercing a change in the terms and conditions of employment or the rights, privileges or obligations of public employment; participation in a deliberate and concerted course of conduct which adversely affects the services of the County; the concerted failure of employees to report for work after the expiration of a collective bargaining agreement; and picketing in furtherance of a work stoppage. The term strike shall also mean any overt preparation, including, but not limited to, the establishment of strike funds with regard to the above-listed activities.

Section 3.2. Upon written notification by the County to the Union that an officer, representative, agent, member or employee of the Union, or an employee in the bargaining unit, is engaging in, instigating or supporting any strike or other concerted activity as described in this Article, the Union President or, in his absence, a designee, shall promptly notify such individuals, in writing, of the allegations of the County, and shall generally set forth the statutory and contractual consequences that may be imposed for engaging in such prohibited activity. A copy of said notification shall be provided to the County Administrator.

Section 3.3. Any employee terminated for engaging in a strike or other concerted activity as described in this Article shall not receive payment for any accumulated paid leave balance, or any similar accrued benefit(s).

Section 3.4. The County specifically reserves the right to seek judicial restraint and damages in the event of a violation of this Article.

ARTICLE IVUNION RIGHTS AND RESPONSIBILITIES

Section 4.1. Upon written authorization of the employee and the written request of the Union Treasurer, the County will deduct bi-weekly from the net earnings of the employee, (total wages less non-union deductions) the sum certified by the Union as union dues and initiation fees. The employee’s authorization must be presented to the employee’s Department payroll/personnel representative 14 days prior to the date any deductions are to commence. The Treasurer of the Union shall notify the Sarasota County Manager of Employee/Labor Relations by letter of the amount of the bi-weekly union dues to be deducted from the net earnings of those bargaining unit employees who have executed written authorizations for said deductions. Written notification must be received by the Manager of Employee/Labor Relations at least thirty (30) days in advance of the effective date of any change in the amount of the bi-weekly dues.

Section 4.2. The County shall not be obligated to make dues deductions of any amount for any employee who, during any bi-weekly pay period, shall have failed to receive sufficient net earnings to equal the dues certified for that period. It will not be the responsibility of the County to deduct from future earnings, or otherwise collect, union dues that are in arrears because of insufficient net earnings during a previous bi-weekly pay period or pay periods.

Section 4.3. The County shall be relieved from making dues deductions for any employee:

A. Upon termination of employment;

B. Upon appointment to a position outside the bargaining unit;

C. Upon lay-off;

D. Upon commencement of an authorized leave of absence without pay;

E. Upon 30 days written notice by the employee to his Department payroll/personnel representative of his revocation of dues deduction authorization;

F. When the Union ceases to be certified as the bargaining agent for the employee;

G. When the Public Employee Relations Commission has determined the Union has participated in, supported or instigated in any manner, a strike against the County; or

H. As otherwise provided by law.

Section 4.4. Under no circumstances shall the County be required to deduct union fines, penalties, special assessments or similar costs and assessments.

Section 4.5. The County will transmit dues deducted each pay period from the earnings of bargaining unit employees to the Treasurer of the Union within 14 calendar days following the end of the week in which the deductions were made.

Section 4.6. The County shall not be liable or responsible to the employees or the Union in any way for the dues deductions made under this Article once the dues are transmitted to the Union. The County’s sole obligation with respect to union dues shall be the deduction and transmittal of bi-weekly dues to the Treasurer of the Union as set forth in this Article. The Union shall indemnify, defend and hold harmless the County and its officials, representatives and agents, against all claims, demands, suits or other forms of liability, and for all legal costs, including attorneys’ fees, that may arise out of, or by reason of, action taken or not taken by the County for the purpose of complying with the provisions of this Article. If an incorrect deduction is made, the Union shall refund the amount of any such incorrect deduction directly to the employee upon notice by the County or employee.

Section 4.7. The County will provide space, 17 inches by 22 inches in dimension, on existing bulletin boards in the work areas of bargaining unit employees for use by the Union. In the event a lock secures an existing bulletin board, unlocked space in accordance with this provision shall be provided for use by the Union at a location that is immediately adjacent to the locked bulletin board.

A. The Union bulletin board space may be used for posting only the following Union material:(1) Notices of Union recreational and social affairs;(2) Notices of Union elections and results of such elections;(3) Notices of Union appointments; and(4) Notices of Union meetings.

B. The bulletin board space shall not be used by the Union or any employee to post items which are derogatory to management or

offensive to any employee or the public. No partisan political information may be posted at any time by the Union or any employee.

C. All notices must be signed by a duly authorized Union Representative and a copy submitted to the Sarasota County Manager of Employee/Labor Relations prior to posting. Each notice shall bear an expiration date.

D. Any material not in compliance with this Section may be removed by the County.

E. The Union is responsible for posting and removing approved material on its bulletin board space and for maintaining such bulletin board space in an orderly condition.

Section 4.8.

Effective upon ratification of this Collective Bargaining Agreement, the Union may designate up to six (6) employees as Union Stewards. The Union may designate three (3) of the six (6) Union Stewards as a Chief Union Steward. For purposes of this article, Union Steward is defined as a Union Steward or a Chief Union Steward. The Union may participate in the Grievance Step meetings as set forth in Article VIII, Grievance and Arbitration Procedure of this Agreement.

Employees may have only one Union Steward attend Grievance Step meetings. Any settlement of a question by a Union Steward and the immediate supervisor of an employee involved in a dispute shall not establish a precedent or conflict in any manner with the provisions of this Agreement.

A. The Union shall provide a written list of such designated employees and their respective work locations to the Sarasota County Manager of Employee/Labor Relations within forty-eight (48) hours of the effective date of this Agreement and, thereafter, within forty-eight (48) hours of any change of such designation.

B. Time spent by an employee in authorized activities in the Union Steward capacity during the normal scheduled workday is paid time.

C. Prior to leaving his/her worksite to engage in authorized activities in the Union Steward capacity, an employee shall obtain the approval of his/her supervisor. The employee shall be promptly released to engage in activities in the Union Steward capacity, except in emergency situations when the Union Steward shall be released as soon as practicable. The Union Steward shall notify the supervisor upon return to the worksite.

D. Employees designated as Union Stewards shall engage in authorized activities in the Union Steward capacity only within the geographic area in

which they have been assigned. When a designated area Union Steward is unavailable, the Chief Union Steward designated for that area may become engaged in authorized activities in the Union Steward capacity.

The areas shall be designated as follows: North County, South County and pools/beaches.

ARTICLE VWORK WEEK AND WORK SCHEDULES

Section 5.1. Nothing contained in this Article is intended to limit the County’s discretion to establish or alter the standard work week, or daily or weekly work schedules, or be construed as a guarantee or limitation on the number of hours to be worked per day or per week, or the days or number of days of work per week.

Section 5.2. Within the standard work week of the County, each Director or Chief Officer shall establish the regular daily and weekly work schedule for each position.

Section 5.3. Any employee who is scheduled to report for work and who presents himself for work as scheduled shall be assigned at least two hours of work on the job for which he was scheduled to report. If no work is available on the job for which the employee was scheduled to work, or if the County otherwise determines that the employee’s work should not continue through the duration of the shift, other than for disciplinary reasons or because the employee was determined unfit for duty, the employee may either be reassigned to other job duties by the County or be excused from duty and paid for two hours’ work. However, when the failure to provide work is caused by reasons beyond the control of the County, including, but not limited to, riots, civil disorders, adverse weather, fire, power failure, labor disputes, etc., then the County shall not be obligated to assign other work or pay the employee for two hours of work.

Section 5.4. An employee required by management to work 16 hours or more consecutively will not be recalled to work until a period of eight hours has elapsed, except in the case of an emergency involving acts of God, catastrophes, power failures or other situations beyond the control of the County. Any employee recalled to work before the end of the eight hour intermission period following 16 or more consecutive hours of work shall be compensated at the rate of double time for hours worked during the eight hour intermission period.

Section 5.5. An employee required by management to work 60 or more hours during a consecutive five day calendar period will not be required to work again until a period of two calendar days has elapsed, unless such work is voluntary or is necessitated by an emergency involving acts of God,

catastrophes, power failures or other situations beyond the control of the County.

Section 5.6. An employee assigned On-call duty for 128 hours of a 168 hour work week pursuant to an On-call Assignment Plan approved in advance by the County Administrator, shall receive a pay additive as set forth in Article 15, Section 10.3(C). An employee assigned On-call duty for a week in which a Holiday occurs shall be paid the pay additive for the number of On-call hours which exceed the 128 hours for the Holiday benefit. For example: A workweek with one Holiday normally has an employee scheduled for 32 hours of actual work and 136 hours On-call.

A. An employee assigned On-call duty shall wear an electronic paging device or cellular telephone provided and maintained by the County. The employee shall have such device on or about his person at all times while On-call. An employee must respond to an On-call assignment within one-hour. However, if circumstances beyond the employee’s control prevent the employee from meeting the one-hour requirement, the employee shall contact the On-call supervisor as soon as practicable, but in any event, before the expiration of the one-hour requirement.

B. Except in the case of an emergency involving acts of God, catastrophes, power failures or other situations beyond the control of the County, an employee shall not be assigned On-call duty for more than one consecutive week unless it is on a voluntary basis.

C. An employee assigned On-call duty for the work week is to be available for work after his normal work hours. An employee assigned On-call duty who fails to respond to a call-out without having notified the On-call supervisor in advance that he would not be available for a given period of time shall be subject to forfeiture of the On-call pay additive for that On-call day. On-call pay is inapplicable to any other time an employee is on any paid or unpaid leave.

Section 5.7. When it becomes necessary to change an employee’s work location, the County shall make a good faith effort to assign employees within a job classification to available work within that job classification in closer proximity to the employee’s residence.

ARTICLE VI

OVERTIME

Section 6.1. Overtime is authorized hours worked in excess of 40 in a work week by non-exempt employees as defined in the Fair Labor Standards Act.

Section 6.2. All overtime must be authorized or directed in advance by the applicable Director or Chief Officer or Manager.

Section 6.3. Except as specifically provided in this Agreement, all overtime shall be compensated as required under applicable provisions of the Fair Labor Standards Act.

Section 6.4. Overtime compensation shall not be paid more than once for the same hours.

Section 6.5. Overtime work will fall into two categories: 1) “scheduled” overtime work is overtime work which the County determines can be reasonably anticipated and scheduled in advance; and 2) “unscheduled” overtime work which is overtime work which cannot reasonably be scheduled in advance. To the extent practicable, scheduled overtime work opportunities shall be equitably distributed among employees within job classification(s) and in a Department work division.

Scheduled/unscheduled* overtime work will be distributed equitably among the employees;

A. In the classification who regularly performs the workB. On the shiftC. In the DivisionD. In the Department

*Unscheduled overtime does not include a continuation of a specific task/job started earlier in that work day or a bona fide emergency.

After having identified eligible employees from A – D above, if there are two or more employees who are similarly situated, seniority, being defined for this section as the date of hire, will determine distribution of scheduled overtime offered.

A reasonable balance in scheduled overtime distribution will be maintained in accordance with the scheduled overtime guidelines of this Agreement but does not mean that any particular employee is entitled to any

particular overtime

assignment, but rather that the County will in good faith, attempt to maintain at all times a reasonable balance in overtime.

Section 6.6. Imbalances which arise in the assignment or distribution of scheduled overtime will be remedied by favoring the employees who suffer from the imbalances with scheduled overtime assignments until the inequities are minimized. Balancing of scheduled overtime in order to eliminate inequities shall be handled on a six (6) month basis. The last thirty (30) days of each six(6) month period will be used to resolve any imbalances. Imbalances will be defined as those employees that have greater than a 10% difference of scheduled overtime hours than the person with the highest number of hours.

Section 6.7. A record of all scheduled overtime hours worked and/or refused shall be maintained in the Division and available for employee inspection, and shall be posted twice a month.

Section 6.8. There will be instances when employees are not available to accept or refuse scheduled overtime assignments. Employees will be charged for the scheduled overtime hours when they are not available for work because of all leaves of absence without pay, sick leave, unexcused absence, or an absence due to a worker compensation injury. Employees will not be charged if they are absent because of annual leave and administrative leave.

Section 6.9. Employees hiring or transferring into a division will be averaged in. This average will be based on the total number of scheduled overtime hours worked/refused in the group divided by the total number of people in the group. Employees who temporarily transfer shifts, classifications, divisions or work assignments will maintain their hours at the time they left the group, provided the transfer was for thirty (30) days or less. Transfers of thirty- one (31) days or longer will be averaged as mentioned above.

Section 6.10. Employees have the option of declining all offered scheduled overtime. If scheduled overtime is offered and refused to the extent that the County does not believe it has sufficient employees to do the work, the work will be assigned on a required basis in reverse order of seniority to employees in the Division, on the shift, and in the job classification who normally perform the work.

Section 6.11. Before it becomes necessary to assign scheduled overtime on a required basis, the County can, at its discretion, fill

scheduled overtime needs from capable employees within the Department on a volunteer basis by seniority or if the overtime needs still cannot be met, by reverse order of seniority of capable employees within the Department. If the County is still unable to fill

its needs, the overtime work can be filled from any source.

ARTICLE VIILEAVE

Section 7.1. Holiday Leave

Except as modified in this Article, employees in positions allocated to classes in the bargaining unit shall be eligible for Holiday Leave for the following Holidays: New Years Day, Martin Luther King, Jr. Day, President’s Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Thanksgiving Friday, Christmas Eve, and Christmas Day and in accordance with Article XIV of this agreement.

A. Observance of Holidays1. Employees whose regular work schedule is Monday

through Friday.

When any County holiday falls on a Saturday, the preceding Friday shall be observed as a holiday. When any of these holidays falls on a Sunday, the following Monday shall be observed as a holiday. However, should Christmas Eve fall on a Sunday, it shall be observed the preceding Friday.

2. Employees whose regular work schedule includes Saturdays and Sundays.

When any County holiday falls on Saturday or Sunday, the Director or Chief Officer shall determine whether the holiday will be observed on the day it falls, or on the day observed for employees whose regular work schedule is Monday through Friday.

B. The Director or Chief Officer shall determine which employees may be relieved of duty on each observed holiday.

C. Employees who are on approved leave with pay when holidays are observed shall receive holiday leave for the holiday instead of having such days charged against their paid leave. Employees on approved leave without pay when holidays are observed shall not receive holiday leave for the holiday.

D. Holiday leave shall be paid at the employee’s regular rate of pay.

E. An employee who is scheduled to work and does not report to work

without prior approval on the day prior to, the day of if scheduled, or the day following the

day a holiday is observed, shall not receive holiday leave for that holiday.

Section 7.2 Universal Leave

Except as provided in this Article, employees in positions allocated to classes in the bargaining unit may be authorized Universal Leave (Paid Time Off) in accordance with Article XIV of this Agreement.

Section 7.3 Administrative Leave

Except as provided in this Article, employees in positions allocated to classes in the bargaining unit may be authorized administrative leave in accordance with Article XIV of this agreement.

Administrative leave shall be paid at the employee’s regular rate of pay.

Section 7.4 Unpaid Leave of Absence

A. All unpaid leave will be requested in writing and authorized in advance in accordance Article XIV of this agreement

B. Duly elected or appointed representatives of the Union shall be eligible for up to a collective total of 80 hours of unpaid leave annually to conduct Union business. Leaves requested under this Section will be submitted and reviewed under the same process used for approval of annual leave, provided leave requests pursuant to this provision will not be unreasonably refused.

C. Supervisors shall inquire of each employee requesting an unpaid leave of absence whether such leave is being requested for an absence covered by the Family and Medical Leave Act (FMLA). If the absence is one covered by FMLA, the employee shall be required to submit a completed FMLA health care provider medical certification form. The employee will be informed in writing by the Director or Chief Officer or other appropriate official whether the leave is granted and will be credited against his FMLA allowable twelve weeks leave.

Section 7.5 Short Term Disability

Except as provided in this Article, employees in positions allocated to classes in the bargaining unit may be authorized Short Term Disability in accordance with Article XIV of this Agreement.

ARTICLE VIII

GRIEVANCE AND ARBITRATION PROCEDURE

Section 8.1. Employees and the Union have the right to file grievances, including grievances regarding any disciplinary matter, in accordance with the provisions of this Article. A grievance is defined as a complaint arising under and during the term of this Agreement involving any disciplinary matter and/or an alleged violation of a specific written provision of this Agreement.

Section 8.2. An employee may avail himself of the grievance procedure in person or by counsel and have his grievance resolved without intervention of the Union, provided that:

A. Any resolution of the grievance is not inconsistent with the terms of this Agreement; and

B. The Union has been given reasonable opportunity to be present at any conference between the employee or his representative and the County for the purpose of resolving the grievance.

Section 8.3. The Union may file a grievance on its own behalf only for alleged violations of those provisions of this Agreement expressly setting forth the rights or obligations of the Union. When a grievance is filed by the Union, any reference in this Article to “employee” shall be interpreted to mean the Union.

Section 8.4. If a written grievance is not presented by the employee or the Union, as applicable, within the time limits set forth in this Article, the grievance shall be considered to have been waived, and may not be pursued further. If a grievance which has been denied at a lower Step is not submitted for review at the next higher Step within the time limits set forth in this Article, the grievance shall be considered settled on the basis of the County’s last response.

Section 8.5. If, at any Step in the grievance process, the County does not respond to a written grievance within the time limits set forth in this Article, the employee or the Union, as applicable, may elect to treat the grievance as having been denied by the County at that Step and immediately request review of the grievance at the next Step.

Section 8.6. At any Step in the grievance procedure, the time limits may be extended by mutual agreement of the employee or the Union, as applicable, and

the Sarasota County Manager of Employee/Labor Relations.

Section 8.7. Whenever two or more employees have a common or similar grievance, one representative of the aggrieved class shall be selected by the employees or the Union, as applicable, to represent the class. The final decision on the grievance shall be binding on all members of the class in that instance.

Section 8.8. In the interest of resolving grievances at the lowest administrative level, the employee or the Union, as applicable, shall request a conflict resolution meeting to discuss the grievance informally with the immediate supervisor or the Supervisor/Manager who could resolve the issue at the lowest level, within seven calendar days after the alleged violation first occurred or when the aggrieved should have had knowledge thereof. That Supervisor shall attempt to meet with the employee or the Union, as applicable, within seven calendar days after receipt of the request from the employee or the Union. In the event the matter cannot be resolved in an informal manner, the following procedures shall apply:

A. Step One: Review by the Director or Chief Officer.

The employee or the Union, as applicable, shall submit a written grievance, on the form provided by the Department, to the Director or Chief Officer of the Department in which the employee works, with a copy to the Sarasota County Manager of Employee/Labor Relations. The grievance form shall be filed within seven calendar days after the conflict resolution meeting with the Supervisor/Manager, or, in the event such meeting was not held, within eight calendar days after the request for such meeting was made to the immediate supervisor or Supervisor/Manager who could resolve the issue at the lowest level. Upon written request by the employee or the Union, as applicable, the Sarasota County Manager of Employee/Labor Relations may agree to an extension of time while the employee or Union, as applicable, seeks to resolve the matter informally.

The Director or Chief Officer shall provide a written response to the employee or the Union, as applicable, with copies to the Sarasota County Manager of Employee/Labor Relations, within seven calendar days after receipt of the completed grievance form.

B. Step Two: Grievance Resolution Committee.

In the event the Grievance is not resolved in Step one above, the

matter will be referred in writing by the employee or Union as applicable, to the Sarasota County Manager, Employee/Labor Relations within seven calendar

days after receipt of the written response as set forth in Step 1 for reference to the Grievance Resolution Committee. The Grievance Resolution Committee will consist of two members appointed by the County, and two members appointed by the Union. The Grievance Resolution Committee will meet a minimum of once per calendar month, unless mutually agreed to by the parties. Any grievance resolution shall be by agreement of a majority of the members of the Grievance Resolution Committee and will be final and binding on the parties. If it is unable to agree on a resolution of a grievance, the Grievance Resolution Committee shall provide written notice to the grievant of that conclusion.

C. Step Three: Review by the County Administrator.

In the event the Grievance Resolution Committee is unable to reach agreement on a resolution of the grievance, the employee or the Union, as applicable, may request to have the grievance reviewed by the County Administrator, or his designee. Such request shall be made in writing to the Sarasota County Manager of Employee/Labor Relations within seven calendar days after receipt of notice from the Grievance Resolution Committee or its inability to resolve the grievance.

The County Administrator, or his designee, shall provide a written response to the employee or the Union, as applicable within fourteen (14) calendar days following receipt of the written request for review by the County Administrator.

Section 8.9. All written grievances shall be printed or typed on a grievance form provided by the Department, and contain the information specified in this Section. A written grievance which does not contain all the information specified in this Section shall be rejected by the Sarasota County Manager of Employee/Labor Relations. Any such rejection shall not have the effect of extending the time limits for filing or pursuing a grievance at any Step of the grievance procedure; however, upon agreement of the Sarasota County Manager, Employee/Labor Relations and the Union Representative, a reasonable extension may be granted.

Each written grievance shall contain:

A. The date of the alleged violation of this Agreement.

B. The Article and Section of this Agreement alleged to have been violated.

C. A statement of how the Article or Section is alleged to have been violated,

including the facts in support of the grievance.

D. The adverse impact of the alleged violation on the employee or the Union, as applicable.

E. The remedy requested to resolve the grievance.

F. The signature of the employee or Union representative directly affected by the alleged violation of this Agreement.

G. The date presented to management.

Section 8.10. Any Step of the grievance procedure may be bypassed on any grievance by written mutual consent of the employee or the Union, as applicable, and the Sarasota County Manager of Employee/Labor Relations.

Section 8.11. A grievance may be withdrawn by the employee or the Union, as applicable, at any time during any Step of the grievance procedure.

Section 8.12. Decisions made at any level below that of the County Administrator shall not be interpreted as setting a precedent. The County Administrator may take official action without prejudice, based on his own findings in the grievance. Decisions of the County Administrator shall not be interpreted as precedent setting unless officially stated as County policy.

Section 8.13. On any matter mutually covered by this Agreement and the Employee Grievance Procedure established in accordance with Article XIV of this agreement, the employee shall elect to file an employee grievance under only one of the above. Upon selecting one grievance forum, the employee shall be barred from proceeding in the other forum.

Section 8.14. The commencement of legal proceedings against the County in a Court of Law or Equity, or before the Public Employees Relations Commission or any other administrative agency, by an employee, group of employees, or the Union for alleged violation of the terms of this Agreement, shall be deemed a waiver of the right to the grievance and arbitration procedure established in this Article, and the employee grievance procedure in accordance with Article XIV of this agreement.

Section 8.15. Failure to resolve any grievance processed in accordance with Section 8.8 can result in the grievance being referred to an arbitrator, provided the employee or the Union, as applicable, gives written notice of

arbitration to the County and the American Arbitration Association (AAA) by certified mail within

fourteen calendar days after receipt of the decision of the County Administrator in Step Three of the grievance process. In the event the employee or the Union should fail to serve such written notice, the grievance shall be considered settled on the basis of the decision of the County Administrator.

Section 8.16. In the event of arbitration, the arbitrator shall be chosen from a list provided by the American Arbitration Association. The list may be requested by the employee or the Union, as applicable, or the County. Only grievances which have been filed in writing and processed in the manner set forth in accordance with this Article shall be subject to arbitration. Selection of an arbitrator, and the arbitration, shall be conducted in accordance with the procedures and rules prescribed by the American Arbitration Association.

A. The arbitral forum established herein is intended to resolve disputes between the parties only over the application of the matters which are specifically covered in this Agreement and which are not excluded from arbitration. The arbitrator shall be empowered to determine the issue raised by the written grievance as submitted at Step One. The arbitrator shall consider and decide only whether there has been a violation of the specified provisions of this Agreement as alleged in the written grievance. The arbitrator shall have no authority to make a decision on any issue not raised in the written grievance.

B. The arbitrator shall have no power to amend, modify, nullify, ignore, add to or subtract from any of the provisions of this Agreement. The arbitrator shall be without power to make any decision or award which is contrary to or inconsistent in any way with applicable laws or rules and regulations of administrative bodies that have the force and effect of law. The arbitrator shall not in any way limit or interfere with the powers, duties and responsibilities of the County and law and applicable court decisions. In the event a grievance is appealed to an arbitrator and he finds that he has no power to rule on such, the grievance shall be determined unarbitrable.

C. The expenses of the arbitrator and the fees of the American Arbitration Association shall be divided initially between the employee or the Union, as applicable, and the County. The party which does not prevail in the arbitration shall reimburse the prevailing party for the expenses of the arbitrator and the fees of the American Arbitration Association. Each party shall make arrangements for and pay the

expenses of its witnesses during the arbitration. An employee called by the arbitrator as a witness in an arbitration proceeding shall suffer no loss of straight time for the period of time he is required to be in attendance by the arbitrator.

D. Only one issue may be submitted to an arbitrator in any one hearing.

E. All witnesses at the arbitration hearing shall testify under oath.

F. The decision of the arbitrator shall be based exclusively upon specific findings of fact and conclusions based on those findings of fact. The arbitrator may not issue declaratory or advisory opinions and shall be confined exclusively to the question(s) presented to him, which question(s) must be actual and existing.

G. The decision of the arbitrator shall be based exclusively on evidence presented at the arbitration hearing.

H. The decision of the arbitrator shall be in writing and served upon the County and the employee or Union, as applicable. Under no circumstances shall an employee or the Union, as applicable, be made more than whole. No ordered back pay shall exceed the amount of wages the employee would have earned less any unemployment compensation or any compensation from any other source the employee received while not working for the County.

I. The arbitrator's decision shall be final and binding on all employees, the Union and on the County.

J. The party requesting an original or copy of the transcript of an arbitration proceeding shall bear the full cost of such transcript.

Section 8.17. Employees are under an obligation to comply with written and oral directives of supervisors and management even if such directives are allegedly in conflict with the provisions of this Agreement. Compliance with such directives shall not prejudice the employee’s right to file a grievance, nor shall compliance with such directives affect the resolution of the grievance. No employee may refuse to follow supervisory or management directives pending the outcome of a grievance.

Section 8.18. Should a meeting be held pursuant to Section 8.8, an employee may present his grievance during his work time. Except as provided in this Agreement, the investigation and administration of a grievance by the employee shall not take place during the employee’s work time.

Section 8.19. An employee who voluntarily separates from Sarasota County Government, shall forfeit his right to any further review of his

grievance.

ARTICLE IX

LAYOFF AND REEMPLOYMENT

Section 9.1. In the event a layoff should become necessary, the order of layoff and procedures for reemployment will be determined in accordance with Article XIV of this Agreement.

Section 9.2. An employee on approved leave without pay at the time a layoff is effected shall be treated the same for purposes of layoff and reemployment as if he was not on approved leave without pay.

ARTICLE XPAY PLAN

Section 10.1(A) Effective October 1, 2013, the pay plan will be frozen as follows:

Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7Aquatic Plant Control Specialist $ 14.83 $ 15.50 $ 16.19 $ 16.92 $ 17.69 $ 18.48 $ 19.31Attendant $ 11.62 $ 12.14 $ 12.69 $ 13.26 $ 13.85 $ 14.48 $ 15.13Auto/Small - Equipment Mechanic I $ 15.57 $ 16.27 $ 17.01 $ 17.77 $ 18.57 $ 19.41 $ 20.28Auto/Small Equipment Technician II $ 16.35 $ 17.09 $ 17.85 $ 18.65 $ 19.50 $ 20.37 $ 21.29Backflow Prevention Specialist $ 14.83 $ 15.50 $ 16.19 $ 16.92 $ 17.69 $ 18.48 $ 19.31Construction Worker $ 12.81 $ 13.39 $ 13.99 $ 14.62 $ 15.27 $ 15.97 $ 16.69Control Technician $ 17.17 $ 17.94 $ 18.75 $ 19.59 $ 20.48 $ 21.39 $ 22.36Crew Leader $ 17.17 $ 17.94 $ 18.75 $ 19.59 $ 20.48 $ 21.39 $ 22.36Digital Document Specialist $ 14.12 $ 14.76 $ 15.42 $ 16.12 $ 16.84 $ 17.60 $ 18.40Environmental Pest Management Technician $ 16.35 $ 17.09 $ 17.85 $ 18.65 $ 19.50 $ 20.37 $ 21.29Equipment Operator I $ 12.81 $ 13.39 $ 13.99 $ 14.62 $ 15.27 $ 15.97 $ 16.69Equipment Operator II $ 14.83 $ 15.50 $ 16.19 $ 16.92 $ 17.69 $ 18.48 $ 19.31Equipment Operator III $ 17.17 $ 17.94 $ 18.75 $ 19.59 $ 20.48 $ 21.39 $ 22.36Equipment Repair Technician $ 14.12 $ 14.76 $ 15.42 $ 16.12 $ 16.84 $ 17.60 $ 18.40Fuel Attendant $ 11.62 $ 12.14 $ 12.69 $ 13.26 $ 13.85 $ 14.48 $ 15.13Groundskeeper $ 12.81 $ 13.39 $ 13.99 $ 14.62 $ 15.27 $ 15.97 $ 16.69Hazardous Waste Technician $ 14.83 $ 15.50 $ 16.19 $ 16.92 $ 17.69 $ 18.48 $ 19.31Heavy Truck/Equipment Technician I $ 17.17 $ 17.94 $ 18.75 $ 19.59 $ 20.48 $ 21.39 $ 22.36Heavy Truck/Equipment Technician II $ 18.03 $ 18.84 $ 19.68 $ 20.57 $ 21.50 $ 22.46 $ 23.47Horticultural Technician $ 12.21 $ 12.75 $ 13.33 $ 13.93 $ 14.55 $ 15.20 $ 15.89Lifeguard - Beach $ 14.83 $ 15.50 $ 16.19 $ 16.92 $ 17.69 $ 18.48 $ 19.31Lifeguard - Pool $ 14.12 $ 14.76 $ 15.42 $ 16.12 $ 16.84 $ 17.60 $ 18.40Meter Reader $ 13.45 $ 14.06 $ 14.69 $ 15.35 $ 16.04 $ 16.76 $ 17.52Meter Technician $ 14.83 $ 15.50 $ 16.19 $ 16.92 $ 17.69 $ 18.48 $ 19.31Mosquito Management Specialist $ 17.17 $ 17.94 $ 18.75 $ 19.59 $ 20.48 $ 21.39 $ 22.36Mosquito Management Technician $ 14.83 $ 15.50 $ 16.19 $ 16.92 $ 17.69 $ 18.48 $ 19.31Parts Specialist $ 14.12 $ 14.76 $ 15.42 $ 16.12 $ 16.84 $ 17.60 $ 18.40Program Attendant $ 12.81 $ 13.39 $ 13.99 $ 14.62 $ 15.27 $ 15.97 $ 16.69Senior Lifeguard - Beach $ 16.35 $ 17.09 $ 17.85 $ 18.65 $ 19.50 $ 20.37 $ 21.29Senior Lifeguard - Pool $ 15.57 $ 16.27 $ 17.01 $ 17.77 $ 18.57 $ 19.41 $ 20.28Sign Fabricator $ 14.83 $ 15.50 $ 16.19 $ 16.92 $ 17.69 $ 18.48 $ 19.31Signal Electrician $ 17.17 $ 17.94 $ 18.75 $ 19.59 $ 20.48 $ 21.39 $ 22.36Skilled Trades Worker I $ 16.35 $ 17.09 $ 17.85 $ 18.65 $ 19.50 $ 20.37 $ 21.29Skilled Trades Worker II $ 18.03 $ 18.84 $ 19.68 $ 20.57 $ 21.50 $ 22.46 $ 23.47Survey Assistant I $ 12.81 $ 13.39 $ 13.99 $ 14.62 $ 15.27 $ 15.97 $ 16.69Survey Assistant II $ 14.12 $ 14.76 $ 15.42 $ 16.12 $ 16.84 $ 17.60 $ 18.40Trades Worker $ 14.83 $ 15.50 $ 16.19 $ 16.92 $ 17.69 $ 18.48 $ 19.31Traffic Control Technician $ 14.83 $ 15.50 $ 16.19 $ 16.92 $ 17.69 $ 18.48 $ 19.31Treatment Plant Operator A $ 19.87 $ 20.76 $ 21.70 $ 22.68 $ 23.70 $ 24.76 $ 25.88Treatment Plant Operator B $ 18.93 $ 19.78 $ 20.67 $ 21.60 $ 22.57 $ 23.59 $ 24.65Treatment Plant Operator C $ 18.03 $ 18.84 $ 19.68 $ 20.57 $ 21.50 $ 22.46 $ 23.47

Utility Worker $ 12.81 $ 13.39 $ 13.99 $ 14.62 $ 15.27 $ 15.97 $ 16.69

Section 10.1(B) Effective January 10, 2015, employees shall move to the equivalent pay level as set forth in the chart below and reflected in the pay plan in Section 10.1(C).

Effective the first full pay period following ratification of this Agreement by both parties, employees will receive a lump sum payment in the net amount of $200, which payment shall not be added to the employee’s base wage as it is non- recurring.

Section 10.1(C)

Effective January 10, 2015 the following pay plan will be in in effect through September 30, 2015:

Year 1

1)Employees who received an overall performance appraisal of “achieves” or “exceeds on the previous year’s annual performance review will receive a wage adjustment to the next level of bases wages. Such adjustment shall be effective January 10, 2015.

2)Employees who received an overall performance appraisal of “achieves” or “exceeds on the previous year’s annual performance review and who are at the top step of the pay grade, will receive a one-time 3% wage adjustment to the base hourly rate. Such adjustment shall be effective January 10, 2015.

3) An employee’s qualifying performance appraisal shall be determined by performance measures and procedures mutually agreed upon between the parties and attached hereto.

4) Employees who receive an overall “needs improvement” performance appraisal will not be eligible for a wage adjustment to the next level of base wages.

Section 10.1(D) Effective the first full pay period which includes October 1, 2015 through September 30, 2016, the following pay plan will be in effect:

Year 2

1) Employees receiving an overall performance appraisal of “achieves” or “exceeds” on their annual performance review, will receive a wage adjustment to the next level of base wages. Such adjustment shall be effective the beginning of the first full pay

period following the employee’s

anniversary date.2) For those employees who are at the top step of the pay grade and

who received a rating of “achieves” or “exceeds” on the annual performance review will receive a 3% lump sum payment the first full pay period following the employees anniversary date.


4) Employees who receive an overall “needs improvement” performance appraisal will not be eligible for an adjustment to the next level of base wages.

Section 10.1(E) Effective the first full pay period which includes October 1, 2016 the following pay plan below will be in effect:Year 3

1) Employees receiving an overall performance appraisal of “achieves” or “exceeds” on their annual performance review, will receive a wage adjustment to the next level of base wages. Such adjustment shall be effective the beginning of the first full pay period after the employee’s anniversary date.

2) For those employees who are at the top step of the pay grade and who received a rating of “achieves” or “exceeds” on the annual performance review will receive a 3% lump sum payment the first full pay period following the employee’s anniversary date.


4) Employees who receive an overall “needs improvement” performance appraisal will not be eligible for an adjustment to the next level of base wages.

Section 10.2(A) PAY ADDITIVES

Effective the first full pay period after ratification, an employee in the following positions classified below who is determined by the County to possess the following training and certification shall receive a pay additive as follows: Position Pay Additives Amount Lifeguard Beach/Senior Lifeguard Beach EMT $.1.00/hourAuto/Small Engine Equipment Tech ASE* $.20/hour Heavy/Truck Equipment Tech I and II ASE*/EVT** $.20/hour*National Institute for Automotive Service Excellence – pay additive for each certification received per established guidelines**Emergency Vehicle Certification – pay additive for each certification received per established guidelines.

Employees in the classification of Lifeguard – Beach or Senior Lifeguard-Beach designated to perform Boat Operator or Rescue Swimmer duties will receive $.75 per hour for each hour when the employee is performing these duties.

The above will be added to the employee’s hourly rate.

Certified Playground Safety Inspector NPSI*** $350/annual***Recertification test must be passed every three years. Employee eligible for lump sum amount annually.

Section 10.2(B) An employee in a position classified as Auto/Small Engine Technician or Heavy Truck/Equipment Technician shall be eligible for the Hand Tool Reimbursement Program if the employee is required to supply his/her own tools as a requirement of the position. The County will grant each employee a tool allowance of six hundred and fifty dollars ($650.00) net the first full pay period following November 1, 2015.

Section 10.2(C) An employee assigned On-call duty in accordance with Article 5, Section 5.6 shall receive a pay additive $1.00 per hour.

Section 10.3(A) Employees assigned to the second shift where a majority (51%) of the scheduled regular work hours per bi-weekly pay period fall between 4:00p.m. and Midnight, shall be paid in addition to their base rate of pay, a shift differential equal to the amount specified in accordance with Article XIV.

Section 10.3(B) Employees assigned to the third shift where a majority (51%) of the scheduled regular work hours per bi-weekly pay period fall between the hours of Midnight and 8:00 a.m. shall be paid in addition to their base rate of pay, a shift differential equal to the amount specified in accordance with Article XIV.

Section 10.3(C) Employees assigned to the second or third shift who are directed to work beyond the end of their regularly scheduled work day, or who are directed to begin work earlier than their regularly scheduled work day, shall receive the applicable shift differential for their assigned shift. Employees assigned to the first shift who are directed to work beyond the end of their regularly scheduled work day shall not receive a shift differential for any hours worked into the second shift as a continuation of the regularly scheduled work day, and employees assigned to the first shift who are directed to begin work earlier than their regularly scheduled work day shall not receive a shift differential for any hours worked during the third shift that occur prior to the beginning of their regularly scheduled work day.

Section 10.3 (D) Shift premiums will not be paid for any paid time off.

ARTICLE XIINSURANCE AND RETIREMENT

Section 11.1. Group health and dental insurance coverage shall be available to employees assigned to established positions allocated to classes in the bargaining unit which are budgeted for 30 or more hours per week. Group health and dental insurance coverage may be extended to members of an employee’s immediate family (dependent care). The cost to employees for both the individual employee and dependent care insurance coverage shall be as set forth herein. Specific provisions of the Plans are provided in Plan documents and available on the County’s website, and are subject to change from year to year. Insurance carriers are subject to change from year to year at the sole discretion of the County Administrator.

Beginning January 1, 2015, the employee shall pay fifteen percent (15%) of the cost of the employee only premium as determined by actuarial or underwriting analysis performed by a third party administrator hired by the County, but no more than $45.00 bi-weekly. The County shall pay the cost of the remaining portion of the individual employee premium.

Beginning January 1, 2015, the employee shall pay forty-five percent (45%) of the difference between the dependent tier premiums and employee only premium. The County shall pay the remaining portion. These premiums shall be determined by actuarial or underwriting analysis performed by a third party hired by the County.

Section 11.2. Life insurance, in amounts as may be determined by the Board of County Commissioners, shall be available at County expense to employees assigned to established positions allocated to classes in the bargaining unit which are budgeted for 30 or more hours per week. The amounts and provisions of the coverage are provided in Plan documents and may vary from year to year.

Section 11.3. Employees disabled as a result of injuries arising out of and in the course of employment, and compensable under the provisions of the Florida Workers' Compensation Law, shall be afforded the coverage prescribed by that law.

Section 11.4. Employees assigned to established positions allocated to classes in the bargaining unit shall become members of the Florida Retirement System, a compulsory, State administered, retirement plan. All provisions governing the Florida Retirement System are established by

Florida Law, or administrative rule of the Florida Department of Management Services, and are subject to change

from time to time.

ARTICLE XII

SUBSTANCE ABUSE POLICY

Section 12.1. Employees in positions allocated to classes in the bargaining unit which require Commercial Drivers Licenses shall be subject to the provisions of Article XIII and Article XIV of this agreement and applicable laws.

ARTICLE XIII

SARASOTA COUNTY GOVERNMENT SAFETY POLICY

Section 13.1. To the extent not altered by, or in conflict with, the terms of this Agreement, employees in positions allocated to classes in the bargaining unit shall be covered by the provisions of the Safety and Health Manual dated May 2012.

ARTICLE XIVSARASOTA COUNTY GOVERNMENT HUMAN RESOURCES

POLICIES, PROCEDURES AND GUIDELINES

Section 14.1. To the extent not altered by, or in conflict with, the terms of this Agreement, employees in positions allocated to classes in the bargaining unit shall be covered by the provisions of the Sarasota County Government Human Resources Policies, Procedures and Guidelines (“SCG HR Policies”) adopted by the Board of County Commissioners on December 7, 2004, and as amended July 10, 2013, as amended from time to time, through impact bargaining.

ARTICLE XV

MODIFICATION AND SEVERABILITY

Section 15.1. For the term of this Agreement, the County and the Union each agree that the other shall not be obligated to bargain collectively with respect to any subject matter referred to or governed by this Agreement unless the County and the Union mutually agree in writing to alter, amend, supplement, enlarge, or modify any of the provisions of this Agreement.

Section 15.2. This Agreement may be amended only by the mutual written agreement of the parties. Such amendments shall be lettered, dated and signed by the parties and shall become a part of this Agreement upon ratification by the Board of County Commissioners and the employees in the bargaining unit.

Section 15.3. Should any Article or Section of this Agreement be found to be invalid, unlawful or unenforceable by reason of any existing or subsequently enacted law or by judicial authority, all other Articles and Sections of this Agreement shall remain in full force and effect for the duration of this Agreement.

Section 15.4. After written notification to either party that there has been an invalidation of any Article or Section of this Agreement, the parties will arrange to meet within 30 calendar days to begin negotiations on a replacement or replacements for said invalidated Article(s) or Section(s), if deemed necessary by either party. Such negotiations shall not in any way extend beyond the subject of the invalidated Article(s) or Section(s).

ARTICLE XVI

ENTIRE AGREEMENT

Section 16.1. The parties acknowledge that during the 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.

Section 16.2. This Agreement contains the entire agreement between the parties. Neither party shall be bound by any statement, representation, agreement, stipulation or provision made prior to the execution hereof and not set forth herein.

Section 16.3. The County and the Union, for the duration of this Agreement, each voluntarily and unqualifiedly waives the right to, and each agrees that the other shall not be obligated to, bargain collectively with respect to any subject or matter referred to, or covered in, this Agreement.

ARTICLE XVII

DURATION OF AGREEMENT

Section 17.1. This Agreement, subject to ratification by both parties, shall take effect on October 1, 2014, and shall remain in full force and effect through September 30, 2017, and shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing ninety days prior to expiration that it desires to modify or terminate this Agreement.

Section 17.2. In the event notice is given of either parties’ desire to modify or terminate this Agreement as specified in Section 17.1, negotiations shall begin no later than sixty days prior to expiration.

Section 17.3. This Agreement shall remain in full force and effect during the entire period of negotiations for a modification of this Agreement, and shall automatically be extended until such time as a new or modified Agreement is approved by both parties, effective date of termination notwithstanding.

Section 17.4

The parties agree to a re-opener of Article 11 Insurance and Retirement, Section 11.1 if the County notifies the Union no later than August 1, 2016 for the purpose of compliance with the Affordable Care Act.

ARTICLE XVIII

LABOR MANAGEMENT COMMITTEE

Section 18.1. The Union and the County will establish a Labor Management Committee (Committee) the purpose of which is to promote Labor Management understanding. The Committee will consist of a minimum of three (3) employee representatives appointed by the Union and a minimum of three (3) management representatives appointed by the Human Resources Director or his designee. While the Committee may discuss matters covered by the Collective Bargaining Agreement or Sarasota County Personnel Policies, Procedures and Guidelines, they will be of a non-precedent setting nature and will not be a substitute for the collective bargaining process.

The Union President or designee or the County Employee and Labor Relations Manager or designee, will alternate chairing the Committee. The Committee will meet quarterly. Meetings, other than the scheduled quarterly meeting, may be requested by either party upon ten (10) days written notice.

Section 18.2. Employee representatives may participate in the work of the committee during scheduled working hours, as approved by the applicable Manager, without loss of pay or benefits.

ADDENDUM ASarasota County Government

Performance Evaluation - Teamsters

Employee Name: Classification:

Probationary Review Date: or Anniversary Date:

Position Number: Supervisor:

KEY: E = Exceeds Expectations A = Achieves Expectations N = Needs Improvement

EA N

*N is not included in consideration of lump sum awardOVERALL PERFORMANCE RATING: E A or N

Job Responsibilities(Describe Briefly)

1Safety: Adheres to safety standards and participates in safety related activities. Identifies hazardous conditions and situations; takes corrective action. Creates a safe and accident-free environment.

2Job Knowledge: Demonstrates and applies knowledge, skill and competence in performing required job duties including an understanding of process, methods, systems and procedures.

3Productivity/Time Management: Work is accomplished quickly and accurately. Productivity standards are met. Uses time and equipment effectively. Is able to work effectively in highly challenging situations.

4 Quality of Work: Includes accuracy, neatness, consistency and thoroughness of work effort.

5Communication: Exhibits good interpersonal skills. Open to constructive critiques on how to improve. Creates effective working relationships by information sharing. Gives feedback for improvement of work product.

6Team Values: Team player/ Respects others and honors diversity. Open and honest when dealing with co-workers and customers. Cooperative with supervisors and co-workers. Offers assistance to others.

7 Financial Responsibility: Holds self accountable for the responsible use of county -owned equipment and property and private property.

8 Responds positively to change/Innovation: Accepts change efforts and seeks new ways to meet evolving challenges.

9 Initiative: Demonstrates being a self-starter and shows resourcefulness. Anticipates needs and does not wait to be told. May suggest new ideas.

10Attendance/Punctuality: Can be depended upon to report to work as scheduled. This includes minimal or no unscheduled absences or tardiness.

*

Li

Accomplishmentsst top three accomplishments this year with a specific example.

Li

Opportunities for Improvement

st areas where employee could improve performance.

A

Development Plan

ction plan to improve performance, training and development.

Future Goals

Supervisor Comments

Employee Comments

Supervisor Signature: Date:

Employee Signature: Date:

Number Comments

1

2

3

4

5

6

7

8

9

10

If the overall rating is needs improvement, the employee shall have the right to grieve the failure to advance to the next step of the pay plan in accordance with the grievance procedure in the collective bargaining agreement.

COMMENTS

teamsters proposal for ratification (6/2/99)€¦ · web viewwhenever the word “employee” is...

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