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GSA Contract
Broward County > Human Resources > GSA Contract

It is the intention of this Agreement to provide for salaries, fringe benefits and other terms and conditions of employment of employees covered by this Agreement except as otherwise provided by Federal and State Constitution, State Statute, or County Charter. It is further the intention of this Agreement to prevent interruption of work and interference with the efficient operation of the County and to provide an orderly, prompt, peaceful, and equitable procedure for the resolution of grievances and the promotion of harmonious relations between the County and the Association.

ARTICLE 1
RECOGNITION OF THE ASSOCIATION 

The County recognizes the Government Supervisors Association of Florida, OPEIU, Local 100, ("Association") which has been certified, by the Florida Public Employee Relations Commission, Certification Number 1103, as the sole and exclusive representative of the employees within the Bargaining Unit, as described pursuant to PERC Case No. RC-94-062, and as amended by mutual agreement of the parties for the purpose of collective bargaining with respect to wages, hours of employment, and other terms and conditions of employment. References to “Supervisors” in this Agreement will include all Bargaining Unit members.

INCLUDED: All full-time and permanent part-time employees of the Broward County Board of County Commissioners in the classifications set forth in Appendix A.

EXCLUDED: All other employees including temporary, "will call" employees, supervisory employees with the level or position of section head, assistant directors and division and department directors, all employees presently represented by a certified bargaining representative, managerial and confidential employees as defined by Chapter 447, Part II, Florida Statutes, and professional employees.

Whenever the County establishes a new job classification which it believes is appropriately included within this Bargaining Unit, the County will advise the Union of the official class title and pay range. If the Union disagrees with the inclusion of the classification in the Bargaining Unit, that classification will not be included in the unit and their party may refer this issue to the Public Employees Relations Commission.

ARTICLE 2
NON-DISCRIMINATION 

It is agreed that there shall be no discrimination against any employee covered by this Agreement because of race, color, sex, creed, national origin, marital status, age, disability, sexual orientation, political affiliation or belief, religion or religious belief, membership in the Association, or engaging in any lawful Association activities, or lack of Association membership or activity.

ARTICLE 3
MANAGEMENT RIGHTS 

It is understood that the County has the right to operate County Government. In order to accomplish the mission of Broward County Government, management will necessarily accomplish the following, subject to provisions of this Agreement:

A. discipline, demote, suspend, or discharge an employee or class of employees for just cause;

B. hire, promote, retain, and evaluate employees;

C. layoff employees because of lack of work or other legitimate reasons;

D. determine what reasonable work activities are performed;

E. supervise and direct its employees consistent with the mission of Broward County Divisions of County Government;

F. hold employees of the Bargaining Unit to a high standard of conduct consistent with their positions as supervisors and agents of the County;

G. determine unilaterally the purpose of the Divisions;

H. exercise control and discretion over the organization and operation of Broward County Divisions of County Government;

I. exercise those rights, powers, and authorities which the County legitimately exercised prior to this Agreement;

J. fulfill its legal responsibilities wherever such is not inconsistent with the terms of this Agreement;

K. set standards of service to be provided to the public, including the right to subcontract.

The County has the right to formulate, change, or modify reasonable rules, regulations, and procedures related to operations, except that no rule, regulation, or procedure shall be formulated, changed, or modified in a manner contrary to the provisions of this Agreement.

ARTICLE 4
APPLICABILITY OF RULES 

Except as otherwise provided in this Agreement, the Civil Service Rules, Administrative Orders and other Rules and Regulations of Broward County, as they currently exist or are amended or promulgated by the County Commission or Administrator, shall remain in full force and effect, from the effective date of this Agreement until otherwise mutually agreed by the parties in writing. Where the Civil Service Rules, Administrative Orders and other Rules and Regulations of Broward County conflict with the terms of this Agreement, this Agreement shall prevail.

ARTICLE 5
DUES DEDUCTION 

The County, where so authorized and directed in writing by an individual employee included in the Bargaining Unit on the Authorization and Deduction Form properly executed by the individual employee, will deduct that individual's Association membership dues. Uniform assessments, defined as an across-the-board assessment levied uniformly on all Association members, will be deducted from the wages of employees as soon as possible following written authorization from the Association. The deductions are subject to the following terms and conditions:

A. The County shall deduct from employee wages on each and every pay period, the Association membership dues or defined uniform assessments.

B. The County shall not, under any circumstances, deduct from the employee's wages any fines, penalties or special assessments.

C. The Association shall indemnify and hold harmless the County including its agents and employees from any and all claims, demands, suits (including any and all court costs), or expenses and costs in connection therewith based upon the County's participation in dues deductions or the deduction of uniform assessments.

D. It shall be the responsibility of the Association to notify the County in writing of any uniform assessments or changes in the dues structure at least thirty (30) days before said assessment or change is to take place.

E. Any Association member may request, upon thirty (30) days written notice to the Association and the County to cease deducting Association membership dues and/or uniform assessments from his or her wages. The County shall forward a copy of an Association member’s request to cease deductions to the Association.

F. The County will have Association deduction checks made up and available to the Association within ten (10) working days after each pay day.

G. The County will provide three (3) check-off blocks (i.e., in addition to dues deductions) on its form which the Union may utilize for uniform assessments and/or voluntary deductions.

ARTICLE 6
GRIEVANCE PROCEDURE 

A. In a mutual effort to provide harmonious working relationships between the parties to this Agreement, it is agreed to and understood by both parties that the following shall be the sole procedure for the resolution of grievances arising between the parties as to the interpretation of and application of the provisions of this Agreement.

B. A "grievance" shall be defined as any dispute arising concerning the application or interpretation of this Agreement (including the rules referenced in Article 4). A class grievance (general grievance) shall be defined as any dispute which concerns two or more employees within the Bargaining Unit. Class grievances shall be filed at Step 2 of the grievance process below within seven (7) calendar days of the occurrence or knowledge giving rise to the alleged grievance.

C. Grievances shall be processed in accordance with the following procedure:

STEP 1: In the event that an employee believes there is a basis for a grievance the aggrieved employee shall first discuss the alleged grievance with his/her immediate supervisor within seven (7) calendar days of the occurrence or knowledge giving rise to the alleged grievance.

STEP 2: If, as a result of the informal discussion with the immediate supervisor, an alleged grievance still exists, the aggrieved employee and/or the Association may file a formal grievance on the form set forth in Appendix "B" signed by the aggrieved employee and/or a representative of the Association containing all known facts supporting the alleged grievance and specifying which part of this Agreement is alleged to be violated with his/her Division Director within seven (7) calendar days after the immediate supervisor's response is received or is due. The Division Director shall respond in writing to the employee with a copy to the Association within seven (7) calendar days.

STEP 3: If the grievance has not been satisfactorily resolved in Step 2, the aggrieved employee and/or the Association may appeal the grievance by submitting a copy of the grievance on the grievance form contained in Appendix "B" to the appropriate Department Director within seven (7) calendar days after the Division Director's response is received or is due. The Department Director shall respond in writing to the employee with a copy to the Association within seven (7) calendar days.

STEP 4: If the grievance has not been satisfactorily resolved in Step 3, the aggrieved employee and/or the Association may appeal the grievance by submitting a copy of the grievance on the grievance form contained in Appendix "B" to the County Administrator or designee within seven (7) calendar days after the Department Director's response is received or is due. The County Administrator or designee shall respond in writing to the employee with a copy to the Association within fourteen (14) calendar days.

D. At any step in the grievance procedure, the individual charged with responding to the grievance, may elect to conduct a meeting to gather more information prior to responding to the grievance. Employees may have a representative present, if requested by the employee, at any step of the Grievance Procedure. An Association representative may be present at a meeting scheduled with a grievant to resolve a grievance.

E. The time limits provided in this Article shall be strictly observed, unless extended by written agreement of the parties. Failure by the employee or the Association to observe the time limits for submission of a grievance at any step will automatically result in the grievance being considered abandoned. Failure by the County to respond to a grievance within the prescribed time limits will allow the aggrieved employee to advance the grievance to the next step.

F. All responses required in Steps 2, 3, and 4 above shall be directed to the aggrieved employee with a copy furnished to the Association. In class grievances, the response will be directed to the Association.

G. Adjustment of any grievance as described herein shall not be inconsistent with the provisions of this Agreement.

H. The parties agree that the settlement of any grievance by the parties prior to the rendition of a decision by an arbitrator shall not constitute an admission that the contract has been violated nor shall such settlement constitute a precedent for the interpretation or application of the provisions of this Agreement.

I. Nothing in this Article shall require the Association to process grievances for employees who are not members of the Association.

J. The County's Civil Service grievance procedure shall not be available to unit members for processing grievances arising under this Agreement. Further, grievances may be filed concerning subjects which apply to and only to the extent they apply to members of the Bargaining Unit.

K. A grieving employee may not partially accept and partially reject a disposition of his/her grievance. The employee must either accept or reject the disposition of his/her grievance, in its entirety. Thus, for example, if an employee grieves a termination, and is ordered reinstated without back pay at one of the steps of the grievance procedure, he/she may not accept the reinstatement and continue to grieve the loss of back pay, his/her only choices would be to accept the disposition of his/her grievance, or remain discharged and pursue the grievance further.

L. Employees serving an initial probationary period shall have no right to utilize this grievance/arbitration procedure for any matter concerning discharge or other discipline. Employees who have completed an initial probationary period and are serving a promotional probationary period shall have no right to utilize this grievance/arbitration procedure for any matter concerning the rejection of their promotional probationary period.

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ARTICLE 7
ARBITRATION 

A. If the decision of the County Administrator or designee has not satisfactorily resolved the grievance, the grievance may be submitted to arbitration by the Association for the grievant or by a non-member when the Union declines to process the grievance on the basis of non-membership alone, by filing a Request for Arbitration Panel with the Federal Mediation and Conciliation Services within fifteen (15) working days after the rendering of the decision, or the expiration of the time limit for rendering the decision by the County Administrator or designee, whichever occurs first with a copy furnished simultaneously to the County. The arbitrator shall be selected from a list of seven (7) provided by the Federal Mediation and Conciliation Service (FMCS) by the method of alternate striking, unless the parties otherwise mutually agree to an arbitrator. The FMCS rules shall govern the arbitration proceedings.

B. The parties shall bear equally the expenses of the arbitrator. Each party shall bear the expense of its own witnesses, representatives, attorneys and all other individual expenses, including court reporting. Grievant(s) and employees testifying during working hours will be made available for the period of their testimony without loss of pay. Grievant(s) and employees will be called in such a fashion so as to limit their time away from work and not to disrupt the normal business of his/her department.

C. The Arbitrator shall render his/her decision no later than thirty (30) days after the conclusion of the final hearing unless otherwise agreed by the parties. Such decision shall be final and binding when in accordance with the jurisdictional authority under this Agreement. Copies of the award shall be furnished to both parties.

D. The arbitrator shall be prohibited from modifying, changing, adding to or subtracting from the terms of this Agreement or any supplementary written approved amendment entered into mutually by the parties.

ARTICLE 8
LABOR MANAGEMENT COMMITTEE 

A. Labor Management Committee meetings within each Department may be held in accordance with this Article to promote communications and cooperation between the Association and the County, to explore avenues to improve quality and efficiency and to seek objectives of mutual concern. Time off without loss of pay, as necessary, shall be granted to employees designated as Committee members for attendance at scheduled Labor Management Committee Meetings. Meetings under this Article shall be scheduled at the request of either party at a mutually agreeable time and location during normal working hours (Monday through Friday, 8:30 a.m. - 5:00 p.m.), unless otherwise agreed by the Committee. Employees shall not be compensated for off-duty attendance.

B. The composition of Departmental Labor Management Committees shall consist of one (1) employee member designated by the Association, the respective Departmental Association Representative and the Chief Association Representative and three (3) members designated by the County including a representative of the Human Resources Division. Resource people and subject matter experts may attend Committee meetings upon the mutual agreement of the Committee members.

C. The Labor Management Committee is not an employee organization under Florida Statute Chapter 447. The Committee shall not serve in a representative capacity nor as an extension of the collective bargaining process. Committee meetings are not a substitute for collective bargaining. However, the Committee is free to discuss any subject except any pending disciplinary actions, grievances or subjects of collective bargaining.

D. The Committee may make recommendations, however, it shall have no independent authority to implement or amend policies, rules, procedures or practices. Before any recommendations can be made by the Committee, the Committee must reach a consensus and reduce the recommendation to writing. Written Committee recommendations shall be submitted to the Director of Human Resources who will be responsible for reviewing the recommendation with the appropriate County authority.

ARTICLE 9
ASSOCIATION REPRESENTATIVES 

A. The County agrees to recognize one (1) Bargaining Unit representative and one (1) alternate from each department in which Bargaining Unit employees work for the purpose of contract administration as set forth in this Article.

The County also agrees to recognize one (1) of the Department Representatives as the Chief Association Representative. The Chief Association Representative may perform representational responsibilities outside of his or her department in the event a Departmental Representative is unavailable.

B. The names of employees selected shall be certified, in writing, to the County Division of Human Resources and the appropriate Department Director by the Association.

C. It is agreed to and understood by the parties to this Agreement that Employee Association Representatives may, without loss of pay, and with prior approval of their supervisor, attend pre-disciplinary meetings, process grievances, and take part in labor - management committee meetings which arise from within the representative's Department. Departmental representatives or their alternates may also participate in collective bargaining negotiations. The supervisor's approval to attend any such meetings shall not be unreasonably withheld.

D. It is agreed to and understood by the Association that Association Representatives shall process grievances and conduct their other duties in such a manner as to not disrupt normal County activities, work production and services.

E. Conducting Association business or distributing Association literature, shall not be done in work areas during work time. However, Association business may be conducted or literature may be distributed and/or posted on the bulletin board space provided herein during lunch periods.

F. Association Representatives, i.e., Non-employee Association Business Representatives, shall be certified, in writing, to the County Division of Human Resources by the Association. Non-Employee Association Business Representatives shall, upon arrival at a County Division or premises, report to the Division Director or the supervisor in charge. The Association agrees that activities by the Association Representatives shall be carried out in such a manner as not to disrupt normal Departmental activities, work production and services.

G. The County shall provide bulletin board space in each Division for the posting of Association notices and newsletters. All notices or newsletters of the Association that are to be posted must be submitted to the appropriate Division Director for approval.

H. The County shall provide up to three (3) times per year, at no cost to the Association, up to two (2) computer generated Bargaining Unit membership rosters.

I. Within thirty (30) days of the complete execution of this Agreement, the County shall provide the Association with one copy of the final Agreement on a computer disk format as normally maintained by the County.

ARTICLE 10
DISCIPLINARY ACTION 

A. Non-probationary, permanent employees may be disciplined only for just cause.

B. The County supports the utilization of a progressive disciplinary system, when applicable, which uses both informal and formal methods. Nothing herein precludes the County from taking severe formal disciplinary action including termination on the first offense based on the severity of the violation. Informal methods such as verbal and written counseling, warnings, and reprimands shall not be grievable. Formal disciplinary action, including formal written reprimands (BC102-111), suspension without pay, demotion for cause, or dismissal for cause, are appealable under the provision of Article 6 (Grievance Procedures). Only appeals of suspensions without pay, demotions, or dismissals may be arbitrated under the provisions of Article 7 (Arbitration).

C. Whenever the County believes that an employee has violated any rule, regulation, or policy, or is otherwise subject to disciplinary action, the County will conduct a pre-disciplinary meeting with the employee to discuss the possible violation. The employee shall have the right to representation in discussions during pre-disciplinary inquiries. If necessary the pre-disciplinary meeting will be delayed up to 24 hours in order for the employee to obtain a representative, if requested.

D. A pre-determination investigatory meeting shall be conducted by the manager responsible for making the disciplinary recommendation. Prior to any pre- disciplinary meetings and upon request of the employee or Association, the County shall provide to the employee and/or the Association all documentation in the County’s possession and reasonably known relating to the potential disciplinary matter. Nothing herein shall be construed to limit the County from raising additional information relating to the matter.

E. The County agrees to furnish the employee and the Association with a copy of any disciplinary action notification at the time the notice is issued. The notice of disciplinary action shall contain allegations of specific rules or regulations allegedly violated by the employee. The County agrees that notices of disciplinary action for which there have been no recurrences of the same nature in twenty-four (24) months, shall not be used to support more severe progressive disciplinary action. However, the notices remain a part of the employee’s permanent employment history, consistent with Florida Statues.

F. To the extent practicable, disciplinary meetings shall be scheduled during the employee’s normal work hours and held in their work location when feasible.

G. The concerned Department/Division may grant, at its sole discretion, the request of an employee to forfeit accrued annual leave in lieu of serving a disciplinary suspension. Employees who are offered this option and accept, shall waive their right to file a grievance through the process described in Article 6.

ARTICLE 11
WAGES 

Section 1.

A. Fiscal Year 1999/2000

  1. Effective October 3, 1999, all eligible employees whose base hourly rate is below the maximum of their pay range (excluding any certification differential pay) as of October 2, 1999, shall have their base hourly rate adjusted upward up to five percent (5%) not to exceed the maximum rate of their pay range. Those employees below the maximum of the pay range and limited to an increase of less than five percent (5%) to their base hourly pay due to the maximum of the pay range, shall receive a one-time cash gross lump sum amount equal to the difference between five percent (5%) and the percentage increase received (such gross lump sum payments shall be rounded to the nearest dollar). Those employees receiving a full five percent (5%) increase to their base hourly rate will not be eligible for a lump sum payment.
  2. Those employees whose base hourly rate is at or above the maximum rate of their pay range (excluding any certification differential pay) as of October 2, 1999, will not be eligible for a base hourly adjustment as provided in Section A.1 above. Rather, such employees will receive a one-time cash gross lump sum amount equal to five percent (5%) of the employee’s base hourly rate.

B. Fiscal Year 2000/2001

  1. Effective October 1, 2000, all pay range maximum rates of pay will be adjusted upward two and one-half percent (2½%), as reflected in Appendix "A2".
  2. Effective the first full pay period in October (October 1, 2000), all eligible employees whose base hourly rate is below the maximum of their pay range (excluding any certification differential pay) as of October 1, 2000 (after the 2½% range extension has been implemented), shall have their base hourly rate adjusted upward up to four and one-half percent (4½%) not to exceed the maximum rate of their pay range. Those employees below the maximum of the pay range and limited to an increase of less than four and one-half percent (4½%) to their base hourly pay due to the maximum of the pay range, shall receive a one-time cash gross lump sum amount equal to the difference between four and one-half percent (4½%) and the percentage increase received (such gross lump sum payments shall be rounded to the nearest dollar). Those employees receiving a full four and one-half percent (4½%) increase to their base hourly rate will not be eligible for a lump sum payment.
  3. Those employees whose base hourly rate is at or above the maximum rate of their pay range (excluding any certification differential pay) as of October 1, 2000, will not be eligible for a base hourly adjustment as provided in Section B.1 above. Rather, such employees will receive a one-time cash gross lump sum amount equal to four and one-half percent (4½%) of the employee’s base hourly rate.

C. Fiscal Year 2001/2002

  1. Effective October 1, 2001, all pay range maximum rates of pay will be adjusted upward two and one-half percent (2½%), as reflected in Appendix "A3".
  2. Effective the first full pay period in October (October 14, 2001), all eligible employees whose base hourly rate is below the maximum of their pay range (excluding any certification differential pay) as of October 13, 2001, shall have their base hourly rate adjusted upward up to four percent (4%) not to exceed the maximum rate of their pay range. Those employees below the maximum of the pay range and limited to an increase of less than four percent (4%) to their base hourly pay due to the maximum of the pay range, shall receive a one-time cash gross lump sum amount equal to the difference between four percent (4%) and the percentage increase received (such gross lump sum payments shall be rounded to the nearest dollar). Those employees receiving a full four percent (4%) increase to their base hourly rate will not be eligible for a lump sum payment.
  3. Those employees whose base pay hourly rate is at or above the maximum rate of their pay range (excluding any certification differential pay) as of October 13, 2001, will not be eligible for a base hourly adjustment as provided in Section C.1 above. Rather, such employees will receive a one-time cash gross lump sum amount equal to four percent (4%) of the employee’s base hourly rate.

D. An employee not employed in a Bargaining Unit position on one of the wage increase effective dates reflected in Section 1 of this Article shall not receive the pay increase for that fiscal year. The employee shall be eligible for an increase in the subsequent fiscal year as provided for in Section 1 (A, B, or C). If an employee returns to a previously held Bargaining Unit position as a result of not completing a promotional probationary period, and the employee missed a contractual annual increase while serving the promotional probation, the pay rate established upon returning to the Bargaining Unit will include the missed annual increase.

Section 2.

Longevity Plan: For fiscal year 1999/2000 and 2000/2001 the longevity plan described in this section shall apply to Bargaining Unit members.

Eligible Bargaining Unit members who have completed the required years of continuous service as of, or on, January 1, 2000 and 2001, will receive a gross lump sum longevity payment no later than the first day in February of the year based on the following years of service:

10 through 14 years:$ 500
15 through 19 years:$ 750
20 through 24 years:$1,000
25 years and over: $1,250

Eligible employees, regardless of their place in the salary range (i.e. within range, at or above the top of the range), will receive both longevity payment and the applicable salary increase as outlined in Section 1.A and B.

The longevity provision shall be eliminated and not applicable for the third year of this agreement (FY 2001/2002).

Section 3.

Incentives for Excellence Program:

The program outlined below provides a mechanism for the County to determine the value and distribution of additional one-time lump sum gross cash incentives for Bargaining Unit members who have met one or more performance objectives in an annual period.

A. Eligibility Criteria

Effective for year two of this Agreement (October 1, 2000, through September 30, 2001), and year three (October 1, 2001, through September 30, 2002), employees may be eligible for one-time gross cash bonuses, less any applicable payroll deductions, for meeting the following criteria:

1) Employees with not more than three (3) unscheduled absences (i.e., absences not scheduled twenty-four (24) hours in advance of leave) during the applicable fiscal year;

2) Employees who have no on-the-job accidents or injury incidences covered by Worker’s Compensation in the applicable fiscal year;

3) Employees who have no preventable vehicle accidents in the applicable fiscal year; and

4) Employees who successfully complete a minimum of fourteen (14) hours of in-house or other acceptable job-related training or certification criteria.

In order to be eligible to receive a bonus under the Incentives for Excellence Program, the Bargaining Unit member must be employed in a Bargaining Unit position for the entire applicable fiscal year (i.e., October through September), and be employed as of the date of the bonus payment. To be considered employed for the entire applicable fiscal year, the employee must actually work (i.e., be in a non-leave status) for at least nine months of the applicable fiscal year.

B. Funding

  1. For year two of this Agreement (beginning October 1, 2000 and extending through September 30, 2001), one half of one percent (½%) of the total value of the base payroll for the members of the Bargaining Unit as of the completion of the last pay period ending in September, 2001 will be divided up and distributed on a per share earned basis as described in Section C herein.
  2. For year three of this Agreement (beginning October 1, 2001, and extending through September 30, 2002), one percent (1%) of the total value of the base payroll for the members or the Bargaining Unit as of the completion of the last pay period ending in September 2002 will be divided up and distributed on a per share earned basis as described in Section C herein.

C. Payment

Payment of the one-time gross cash bonuses, less any applicable payroll deductions, will be based upon a “share value” method which will work in the following manner:

  1. In the month of October, following the completion of the applicable twelve months of the Incentives for Excellence Program (i.e., October 2001 for year two and October 2002 for year three), a determination will be made from available records as to how many of the four eligibility criteria described above were successfully attained by each employee. Each such qualifying criteria shall be considered to be “one share” for bonus purposes.
  2. The total number of shares earned by all employees will then be divided into the amount of incentive funding available as determined for the applicable contract year (i.e., ½% in the second year of the Agreement, and 1% in the third year). The resulting amount will be the “per share value” of the Incentive Program.
  3. A one-time gross cash bonus, less any applicable payroll deductions, will then be disbursed to eligible employees based on the number of shares earned by each employee multiplied by the per share value. The maximum amount of shares an employee may earn is four.

D. Joint labor management committee

The County and the Union further agree to the creation of a Joint Labor Management Committee which will consist of three members designated by the Union and three members designated by the County. This Joint Labor Management Committee will be responsible for the following:

  1. To consider modifications to the bonus eligibility criteria listed above and additional bonus eligibility criteria to recognize and reward employee’s excellence and contribution to the success of the County. Modifications and additional incentive bonus eligibility criteria can be added to subsequent year bonus consideration if recommended by the Committee, and agreed to by the Union President and the County Administrator.
  2. To develop or review explanatory materials to assist other members of the Bargaining Unit in understanding the incentives available for them.
  3. To review employee eligibility and the distribution of the one-time annual bonus funds described herein.
  4. Any other matter relative to the Incentives for Excellence Program.

Any interpretations regarding the application of this program shall be determined by the Director of Human Resources for the County.

Section 3.

Eligible Bargaining Unit members shall receive incentive pay supplements for receipt and maintenance of certain skill-based certificates and/or licenses in the same manner as eligible employees under their supervision. To be eligible, Bargaining Unit members must be in the supervisory chain of command of employees eligible for incentive pay and the certification or license must be in addition to the established minimum qualification requirements of the Bargaining Unit position.

Section 4

Shift Differential: A five percent (5%) differential pay is provided to full-time, overtime eligible, Bargaining Unit members who are regularly assigned to a work schedule in which at least seven and one half (7½) hours of scheduled work time fall between the hours of 3:00 p.m. and 8:00 a.m. In addition, full-time, overtime eligible, Bargaining Unit members regularly assigned to a weekend shift who supervise represented employees receiving a weekend shift differential shall also receive a weekend shift differential in the same manner as eligible represented employees.

ARTICLE 12
PREVAILING BENEFITS   

All rights and working conditions enjoyed throughout the County by unit employees at the present time and authorized by County Ordinance, Resolution, written directive of the County Administrator, or by the Division of Human Resources which are not specifically referred to in this Agreement shall not be changed by the County unless said rights and working conditions interfere with the reasonable operational needs of the County, in which case the County and the Association shall negotiate over the impact of such changes.

ARTICLE 13
HOURS OF WORK 

A. The regularly scheduled work week for County employees shall not exceed forty (40) hours in a seven (7) days period beginning each Sunday at 12:01 a.m. through the following Saturday at midnight, exclusive of scheduled unpaid lunch breaks. The County agrees to notify the Association in writing of proposed change(s) in the number of work week hours for full time employees at least five (5) weeks prior to the proposed effective date of such change(s). The Association may request within twenty-one (21) working days of receipt of such notice, to meet and discuss with the County prior to the implementation of the change(s). The County Administrator, or his/her designee will review any proposed change(s) and the input of both the Association and the County regarding the proposed change(s). After such review, the County Administrator or his/her designee will approve or disapprove the proposed change(s).

B. Permanent shift assignments shall not be changed except after two (2)weeks notice and where feasible four (4)weeks notice to the affected employee(s) except in emergency situations. Where operationally feasible, the County shall make every effort to schedule consecutive days off.

C. Each full-time employee regularly scheduled to work shifts of eight (8) hours per day shall be entitled to two (2) fifteen (15) minute breaks; full-time employees regularly scheduled to work shifts of ten (10) hours or more shall be entitled to two (2) paid twenty (20) minute breaks. There will be one break in the first half of the shift and one in the last half.

ARTICLE 14
PROBATIONARY PERIOD 

Consistent with the provisions of Article 4 of this Agreement, the Probationary Period provisions of the Civil Service Rules and Regulations shall apply to Bargaining Unit members except as otherwise provided in this Article.

A. The probationary period for all initial appointments to positions covered by this Agreement shall be up to one (1) year in duration subject to extension or rejection, in accordance with the Civil Service Rules and Regulations. This provision shall apply whether or not the selected candidate is a current County employee.

B. After completion of an initial probationary period, the probationary period for all appointments from one Bargaining Unit position to another shall be up to six (6) months in duration subject to extension or rejection, in accordance with the Civil Service Rules and Regulations.

ARTICLE 15
INSURANCE BENEFITS 

The County agrees to provide insurance programs for unit employees on the same terms and conditions available to Classified Civil Service County employees including any required increase or decrease in employee premiums. The Association may appoint one representative to participate without loss of pay in the County's Benefits Advisory Committee and reserves the right to submit recommendations to the County's Division of Human Resources through the Committee in reference to insurance benefit plans for unit employees.

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ARTICLE 16
SENIORITY, LAYOFFS, RECALL, AND REEMPLOYMENT RIGHTS 

A. Bargaining Unit Seniority is understood to mean an employee's most recent date of continuous employment in a Bargaining Unit position so long as the employee has been carried for payroll purposes as a regular employee. Bargaining Unit Seniority will be used for the purposes of layoff and recall.

B. Time-in-Class Seniority is understood to mean an employee's most recent date of continuous employment in the employee's current classification so long as the employee has been carried for payroll purposes as a regular employee. Time-in-Class Seniority within the employee's work site will be used for scheduling vacations and overtime.

C. Bargaining Unit and Time-in-Class Seniority will continue to accrue during all types of County approved leave except for leave of absence without pay or layoff, for more than thirty (30) days, which shall cause this date to be adjusted by the full length of the leave. Leave of absence without pay or layoff, for periods less than thirty (30) days, shall not cause the Bargaining Unit or Time-in-Class Seniority to be adjusted.

D. Layoff is a separation initiated when management determines it is necessary to abolish a position due to lack of work, lack of funds, organizational change, or for other reasons not related to fault, delinquency, or misconduct, as determined by the County.

E. In the event it is necessary to reduce the work force, all layoffs shall be according to seniority. An employee affected by a reduction in force shall have the right to displace an employee with less Bargaining Unit Seniority in the same classification or in a lower series classification in his/her Division.

F. An employee who accepts a lower paid Bargaining Unit position in lieu of layoff shall retain his/her rate of pay unless it exceeds the highest rate for the new class in which case he/she shall be paid the maximum pay rate of the lower classification.

G. All employees shall receive at least a two (2) weeks notice of layoff, or, in lieu of notice, two (2) weeks pay at his or her regular rate of pay. The Association shall be furnished copies of all layoff notices at the same time as the laid-off employee receives notice.

H. Employees who have been laid off will have recall rights not to exceed eighteen (18) months. Names of affected employees will be placed, in order of seniority, on a recall list for the job classification from which employee(s) were laid off. When a vacancy occurs for which there is a recall list, the Division of Human Resources will send a certified letter of notice to the most senior employee at the last address he/she filed with the Division of Human Resources. If the employee refuses to return to work in the classification for which he/she is recalled, or if there is no response within ten (10) working days after the notice is sent, such employee's recall rights under this Agreement are lost. Such employee would still be eligible for County employment but not on a preferential basis.

I. For the purposes of layoff and recall, a vacancy is deemed to exist when the County is seeking to fill a full-time regular budgeted position.

J. Laid-off employees who are recalled to County service within the eighteen (18) month recall period as provided for in Section H shall have the option to be credited with the full sick leave accrual held at the time of layoff. In order to be credited with the full sick leave accrual held at the time of the layoff, the laid off employee must reimburse (“buy back”) their sick leave payout given at the time of layoff. Upon reimbursing the County for the sick leave pay out which was given at the time of layoff. Regardless of the employee's decision concerning the "buy-back" of sick leave accrual, sick leave will begin to accrue on the date the employee is returned to County service. The recalled employee shall also be credited with seniority earned prior to layoff. However, the time spent on layoff, except for time spent on a layoff for less than thirty (30) days, shall not be credited in the calculation of benefits.

K. An employee covered by the collective bargaining agreement who leaves the Bargaining Unit as a result of promotion or due to reduction in force, demotion, voluntary demotion and returns to a Bargaining Unit position within six (6) month or the length of the probationary period of the higher class, whichever is greater, shall retain Bargaining Unit seniority accrued prior to the promotion. Such an employee returning to a Bargaining Unit position shall not accrue any Bargaining Unit seniority during the period of absence, and shall be considered to have Bargaining Unit seniority equal to the seniority accrued as of the date the employee was promoted. An employee who returns to a Bargaining Unit position more than six (6) months after leaving the Bargaining Unit or after the probationary period of a higher classification, whichever is greater, shall not be credited with any prior Bargaining Unit seniority and must commence a new seniority date.

ARTICLE 17
PROMOTION POLICY 

A. It shall be the policy of Broward County to encourage promotion from within, whenever feasible, consistent with qualified staffing and affirmative action goals. A promotional system will be maintained encompassing merit principles which will recognize County service as a major factor in promotions along with qualifications and work records. Employees who are interested in being promoted or changing divisions may file a "Job Interest Card" with Human Resources for those specific classifications in which an interest is expressed. After an employee files a "Job Interest Card" with Human Resources, Human Resources will notify the employee when the classification is announced. It shall be the objective of Civil Service to encourage promotion from within, free of political considerations, nepotism or other forms of unlawful favoritism or discrimination. Promotional appointments shall not be grievable except in cases where the grieving party(s) can substantiate that one of the above considerations resulted in such appointment . If the grieving party(s) pursues the grievance to arbitration and fails to prevail, the full expenses of the arbitrator shall be borne by the grieving party(s).

The amount of salary increase granted upon promotion shall be consistent with the provisions of the Broward County Civil Service Rules and Regulations, as such provisions existed as of the effective date of this Agreement.

B. There shall also be a probationary period served when an employee is promoted consistent with Article 14 (Probationary Period) of this Agreement. If an employee is removed during the probationary period following a promotion for failure to perform satisfactorily the duties of the higher position, he or she shall be returned to the position held prior to the promotion or to a similar position. Should an appropriate vacancy not exist, the employee shall be restored to the position held prior to the promotion and the provisions governing reduction in force shall apply. A probationary promotional appointment does not affect an employee's earned permanent status and rights in the County system acquired in another position. The promoted employee retains the right to bring a grievance under any term or condition of employment specified in this Agreement except that no grievance may be filed on his/her behalf relating to a management decision to return the employee to his/her former or substantially equivalent position during the promotional probationary period. During the probationary period the said employee will be paid the appropriate higher classification wage rate and will continue to receive said wage after completing his/her probationary period.

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ARTICLE 18
SAFETY

A. County Safety Review Board - In accordance with Risk Management's Internal Control Handbook, the County shall have a Countywide Safety Review Board. The purpose of the Board shall be to monitor the overall performance of the County's Safety and Loss Control programs and make recommendations to improve same. This Bargaining Unit will be entitled to three members on this Board.

B. Division Safety Committee - Divisions will have either a safety representative or safety committee, depending on the number of Bargaining Unit employees. The number of employees on the committee will be in proportion to the Bargaining Unit's representation of the division's work force. The purpose of the Committee will be to review, report, and make recommendations on safety deficiencies. The Committee will meet on a regular basis and Bargaining Unit committee members will suffer no loss of pay. All committee actions will be documented and the County Safety Coordinator shall receive a copy of such documentation.

Meetings shall be held once quarterly, if necessary, at times and places mutually agreed by the participants.

C. Safety Shoes - Employees in classifications/positions where it is warranted, will receive one pair of safety shoes per year. The County Safety Coordinator will be responsible for deciding which positions receive safety shoes and his/her decision will be based on the recommendation of the Division Safety Committee representative and his/her interpretation of OSHA requirements. Management shall determine the type and quality of such shoes.

Those employees designated to receive shoes will receive an annually gross lump- sum amount of $82.50, less any applicable taxes, payable on the first full pay period in January.

Such employees may purchase the shoes anywhere they wish so long as they meet OSHA standards and they submit a receipt for proof and amount of purchase. Employees in positions designated to receive safety shoes are obligated to report to work each day in safety shoes.

ARTICLE 19
PERSONAL VEHICLE COMPENSATION  

A. The County, subject to authorization and in compliance with the rules covering the use of private vehicles, agrees to compensate employees for the use of the individual's vehicle while traveling on County business.

Such employees shall be reimbursed at the established County rate per mile or applicable state rate whichever is greater, and in accordance with County policy for use of said personal vehicle.

B. In work areas where employee parking is available on County owned or leased property, parking for Bargaining Unit employees shall be available on the same basis as it is for other County employees on the same job site. If any other County employees are directly reimbursed for parking costs, unit employees at the same job site shall also be eligible for the same reimbursement. It is also understood that the County is not obligated to furnish, or continue to provide, parking for its employees.

ARTICLE 20
SEVERABILITY CLAUSE

If any provision of this Agreement or the application of any such provisions should be rendered or declared invalid by any court action, or by reason of any existing or subsequently enacted State or Federal legislation, the remaining parts or portions of this Agreement shall remain in full force and effect and the subject matter of such invalid provision shall be open to immediate negotiations between both parties.

ARTICLE 21
ANNUAL LEAVE  

Consistent with the provisions of Article 4 of this Agreement, the Annual Leave provisions of the Civil Service Rules and Regulations shall apply to Bargaining Unit members except as otherwise provided in this Article.

A. For the purpose of scheduling annual leave, employees may at their option submit a first and second preference vacation schedule to the Division on or before March 1st, annually, with final adjustments submitted by March 15th, annually. Except for emergency situations, the employee with the greatest Time In Classification seniority within the job site shall be granted vacation preference subject to the operational needs of the Division. Employees will be notified of their approved vacation schedule by April 15th.

B. Any leave request submitted other times of the year will be approved/disapproved with reference to the operational needs of the Division and the existing vacation schedule. The completed vacation schedule and changes will be available for the employee's information.

C. Payment of Unused Leave - When an employee is separated from County Service, he/she shall be paid for all accrued and unused annual leave.

ARTICLE 22
HOLIDAYS  

Consistent with the provisions of Article 4 of this Agreement, the Holiday provisions of the Civil Service Rules and Regulations shall apply to Bargaining Unit members except as otherwise provided in this Article.

A. In the event that employees supervised by members of this Bargaining Unit observe a holiday by virtue of their collective bargaining agreement on a date other than that which is designated by the County Commission for the general employee population, the supervisory members of the GSA shall observe the holiday on the same date as the employees they supervise in lieu of the date designated by the County Commission.

B. An employee required to work on a holiday as described in Section A above may elect to have the applicable number of hours of holiday pay added to their annual leave bank in lieu of holiday pay.

C. Full-time Bargaining Unit members assigned to a four day per week work schedule generally work four 9 ½ hour days with a ½ hour time adjustment per day or portion of a day actually worked, for a total of forty (40) hours per week. Employees so assigned shall receive ten (10) hours of paid leave for each holiday and two (2) personal days of the employee's choice in the form of twenty (20) hours of annual leave.

ARTICLE 23
SICK LEAVE  

Consistent with the provisions of Article 4 of this Agreement, the Sick Leave provisions of the Civil Service Rules and Regulations shall apply to Bargaining Unit members except as otherwise provided in this Article.

A. An employee shall be eligible after completion of the initial probationary period to earn eight (8) hours of time off with pay (bonus day) for each six (6) month period in which no sick leave is used. The six (6) month period begins with the last instance of sick leave. The eight (8) hours of time (bonus day) shall be added to the employees annual leave bank. Usage of this leave time shall be subject to the Annual Leave provisions of this Agreement. The County shall notify the employee in writing within three (3) weeks after the employee has earned a bonus day.

B. If an employee is temporarily unable to perform his/her regularly assigned duties as a result of illness or injury other than Worker's Compensation related, but is still able to perform some type of restricted work, the employee may at the County's option be assigned other work duties within the employee's physical capabilities for a period up to one hundred twenty (120) days of his/her recuperation at the sole discretion of the County and subject to the operational needs of the Department/Division. Employees who may be assigned to perform restricted work must provide a medical certificate from their physician stating their limitations and releasing the employee to perform the restricted work at the current rate of pay. Such assignments are not an entitlement and, if granted, may be discontinued at any time at the sole discretion of the County.

C. Employees whose sick leave accrual balance exceeds 500 hours as of the end of the first pay period in November of a given year are eligible to participate in the Sick Leave Conversion Plan. Only those hours beyond 500 total hours of accrued sick leave are eligible for conversion. Accrued sick leave hours considered for conversion may be converted to Annual Leave at a ratio of two (2) sick leave hours to one (1) annual leave hour for a maximum of forty (40) hours annual leave. The converted hours shall be credited to the employee’s annual leave bank during January of the following calendar year.

Employees interested in converting sick leave subject to the conditions of this section must follow the procedures as provided by the Division of Human Resources.

Usage of sick leave converted to annual leave is subject to the provisions of Article 21 (Annual Leave) of this agreement.

ARTICLE 24
BEREAVEMENT LEAVE  

Consistent with the provisions of Article 4 of this Agreement, the Bereavement Leave provisions of the Civil Service Rules and Regulations shall apply to Bargaining Unit members except that employees shall be entitled to three (3) shifts off to attend the funeral of an immediate family member within the state of Florida and five (5) shifts off to attend the funeral of an immediate family member outside the state of Florida.

Any absence in excess of these amounts shall be charged to annual leave. The employee’s immediate family shall be defined as the employee’s spouse, father, mother, son, daughter, brother, sister, step-parent, step-child, step-sister, step-brother, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in- law, sister-in-law, daughter-in-law, brother-in-law, sister-in-law, persons determined in loco parentis (in the place of the parent) by the Director of Human Resources, or any relative who is domiciled in the employee’s household. Bereavement leave shall not be charged to annual or sick leave or to compensatory time.

1. The employee shall provide upon request of the department, division, or office director sufficient proof of a death in his/her family as defined above before compensation is approved and paid.

B. The granting of bereavement leave for relatives not listed above shall require the specific approval of the Director of Human Resources.

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ARTICLE 25
CIVIL LEAVE   

Consistent with the provisions of Article 4 of this Agreement, the Civil Leave provisions of the Civil Service Rules and Regulations shall apply to Bargaining Unit members except as otherwise provided in this Article.

An employee shall be granted Civil Leave with pay when performing jury duty, when subpoenaed to appear before any public body or commission on a job-related matter when performing emergency civilian duty in connection with national defense, or when serving as a volunteer firefighter in the employee’s response area. An employee regularly scheduled to work the evening or midnight shift may receive Civil Leave, as described above, for their regularly scheduled shift when their court-ordered service occurs immediately before or after their scheduled shift. An employee subpoenaed in the line of duty to represent the County shall either be paid per diem or travel expenses by the County (and any fees received from the Court will be turned over to the County) or may retain witness fees and mileage received from the Court. Employees will be granted up to one hour off on election days when it is not feasible to vote before or after working hours.

ARTICLE 26
MILITARY LEAVE  

The County agrees to allow military leave for employees in the Bargaining Unit pursuant to county, state, and federal law.

ARTICLE 27
OVERTIME 

The provisions of this Article apply only to those employees of the Bargaining Unit in job classifications subject to the provisions of the Fair Labor Standards Act.

A. All hours authorized and worked in excess of forty (40) hours in a seven (7) days work period shall be compensated at the rate of one and one-half times the employee's straight time hourly rate of pay.

B. Compensatory Time - Compensatory hours may be substituted for overtime due to funding considerations at management's option with concurrence of the employee. Compensatory hours are earned at the same rate as overtime, consistent with Article 4 of this Agreement. Compensatory hours and overtime cannot be earned in the same workweek. Employees may also request substitution of compensatory hours for overtime pay, subject to the operational needs of the Division.

C. Hours Counted as Hours Worked - The following hours, not actually worked, shall count as hours worked for the sole purpose of computing eligibility for the overtime rate:

  1. Holiday pay, as defined in Article 22, when the designated holiday is the employee's normally scheduled workday and the employee is given the day off in observance of the holiday.
  2. Bereavement Leave hours as defined in Article 24.
  3. Hours of paid Standby Duty Assignment as defined in Section I below when an employee has used authorized Sick or Annual Leave during the scheduled work week.

D. Assignment of Prescheduled Overtime - The County agrees to prepare a seniority list for each work site within a Department/Division. The purpose of such list is to coordinate and fairly distribute prescheduled overtime. In the event that management determines it necessary to assign prescheduled overtime, the most senior qualified employee on the work site, who is in the needed classification and who normally performs the assignment or work of the type and character of the needed overtime work, will be given the opportunity to accept or reject the prescheduled overtime. That employee will thereafter be placed at the bottom of the list and shall not be offered prescheduled overtime until all qualified employees at the work site, within the same classification, who normally perform the required duties have been asked to work prescheduled overtime. In the event that all qualified employees in the affected classification, who normally performs the assignment or work of the type and character of the needed overtime work, decline to work prescheduled overtime the least senior qualified employee in the classification shall be required to perform the overtime work.

However, the least senior qualified employee may be excused from being required to perform prescheduled overtime if they present an excuse acceptable to the employee's immediate supervisor. In such event, the above process shall apply to the next senior qualified employee, who shall be required to work the overtime.

The affected employee(s) will be advised of prescheduled overtime as soon as practicable to allow the employee to make personal arrangements.

Prescheduled overtime which is requested half way, or more, into the regularly scheduled shift for overtime needed the same day shall not cause the employee to lose their position on the overtime list whether or not the overtime is accepted.

This section does not apply to Transit Supervisor and Transit Maintenance Supervisor classifications, which classifications are assigned overtime on a strict seniority basis.

E. Assignment of Emergency Overtime - If the County needs an employee to work unscheduled overtime of an emergency nature, the County will nevertheless attempt to follow the procedure outline in Section D above where, at the sole discretion of the County, sufficient time exists to allow compliance with the procedure. However, said procedure shall not preclude the County from "holding over" employees to perform needed emergency overtime; employees held over shall retain their position on the prescheduled overtime seniority list.

F. When an employee is required to report to a County-approved physician for a medical examination as a condition of employment, continued employment, promotional employment, or to determine fitness for duty, such examination will take place during the employee's normal work schedule. If the examination cannot be scheduled during the employee's normal work schedule, the employee shall be compensated at straight time or overtime rate, whichever applies.

G. When an employee is scheduled to report to work on a day on which they are normally off duty and is sent home for lack of work, they shall be entitled to five (5) hours pay at straight time or overtime rate, whichever applies, as "show up" time, or actual time worked if more than five (5) hours.

H. Emergency Call Out:

  1. Call out pay is provided to compensate off duty employees required to return to work on an unscheduled basis after completing a regularly assigned shift. Such employees shall be paid for the actual time worked with a minimum guarantee of three (3) hours pay. Should an employee receive a further assignment(s) while on Emergency call out, and in the course of completing such additional assignment(s) works beyond three (3) hours in total, they shall be paid for the actual time worked (at the overtime rate of pay, if applicable). In the context of emergency call-out only, actual time worked starts at the time of notice and ends when the employee would reasonably be expected to return home.
  2. Any employee who is: (a) required to report to work within two (2) hours of his/her regularly scheduled starting time; (b) on duty and instructed and assigned to return to work; or (c) required to continue after completion of his/her scheduled shift; shall be ineligible for the call-out pay minimum described above, but eligible for compensation for the actual hours worked (at the overtime rate, if applicable).

I. Standby:

  1. In order to provide coverage for services during off-duty hours, it may be necessary to assign and schedule employees to standby duty. A standby duty assignment determined and authorized by management requires an employee to be available for work due to an urgent situation during the employee's off-duty time which may include nights, weekends, or holidays. Employees shall be required to be on standby duty when assigned unless excused by their supervisor.
  2. Employees assigned to standby duty by management are guaranteed two (2) hours standby duty pay at the straight-time base rate of pay for each regular work day of standby duty assigned and scheduled; and three (3) hours at the straight-time base rate for regularly scheduled days off.
  3. Employees while on standby duty, when called to work will, in addition to the standby duty pay provided in paragraph "2" above, be paid as follows: For the initial call for each regular work day or regular day off of standby duty, the employee will be paid for actual time worked with a minimum guarantee of two (2) hours pay. For all other calls during standby duty, the employee will be paid for actual time worked. For pay purposes, actual time worked starts at the time of notice, and ends when he/she would reasonably be expected to return to home. The employee is expected to respond to the call in a reasonable amount of time following notice. In the event any employee who is on standby duty fails to respond to a call to work he/she will forfeit the standby duty pay and may be subject to possible disciplinary measures.
  4. Where operationally feasible, as determined by management, standby duty assignments will be made on a weekly basis.

J. Emergency Working Conditions:

Due to conditions beyond the control of the County, including but not limited to things such as hurricanes, windstorms and tornados, if the County Administrator declares an emergency and directs the County to begin Emergency Operations, Bargaining Unit members shall be compensated as described below:

  1. Any Bargaining Unit member regularly scheduled to work during the declared emergency who is ordered by the County not to report, or to go home prior to the completion of their shift will suffer no loss of pay. Any Bargaining Unit member who is on pre-approved sick leave, annual leave, or personal day before the declared emergency will suffer no loss of pay and the applicable leave bank shall not be deducted. Such hours paid but not worked will not count as hours worked for computing premium (time and one-half) overtime eligibility.
  2. Any Bargaining Unit member who is ordered, or assigned as a result of volunteering, by the County to work during the declared emergency shall be compensated at double their straight time base hourly rate for all hours actually worked. This compensation is in lieu of any other compensation.

ARTICLE 28
RE-OPENER CLAUSE 

By mutual consent of the parties, this Agreement may be re-opened with thirty (30) days notice to discuss specific issues, which will be agreed upon mutually by both parties prior to commencement of negotiations.

If the parties are unable to agree upon an amendment to this Agreement, then the discussions shall cease and the parties will not utilize the Public Employee Relations Act (PERA) statutory impasse resolution procedure.

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ARTICLE 29
CONTINUING EDUCATION AND TRAINING  

A. It shall be the responsibility of the Director of Human Resources to cooperate with the division/office directors, unit employees and others to foster and promote programs of training for County service and in-service training of employees for the purpose of improving the quality of personal service rendered to the public and of aiding employees to equip themselves for advancement in the County service. Division/office directors will make every effort to grant an employee’s request to attend County sponsored training, based on the operational needs of the division or office.

B. To improve the quality of personal service rendered to the public and to aid employees in equipping themselves for advancement, any regular, full-time employee may request Educational Leave for the purpose of taking occupationally related courses or training. Requests for Educational Leave will be considered consistent with the Educational Leave procedures established by the County.

C. Employees covered by this Agreement may participate in the County's Educational Reimbursement Program. The eligibility requirements and the amount, type and condition precedent to obtaining reimbursement, will be established by the County.

ARTICLE 30
SUBCONTRACTING 

Should the County enter into formal negotiations with a private entity, relative to the possible takeover by the private entity of work currently being performed by the Bargaining Unit members and which could result in the layoff or reassignment to another classification in lieu of layoff of Bargaining Unit members, the County will advise the Union of such negotiations, solicit the Union’s input through a Labor Management Committee (including the possibility of internal competition regarding the future performance of the work by County employees), and shall give such input serious and good faith consideration. In no event, shall such input delay the County’s pursuit of such services through the competitive bidding process. Nothing herein shall limit or restrict the County from its management rights as set forth in Article 3 (Management Rights) and permitted pursuant to State Statute.

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ARTICLE 31
LETTERS OF UNDERSTANDING 

The attached letter of understanding described below are part of the agreement and will continue in effect throughout the term of this Agreement:

  1. ) July 26, 1999 -re: Pilot Program - Association Representatives
  2. ) July 26, 1999 -re: Hours of Work
  3. ) July 26, 1999 -re: Wages
  4. ) July 21, 1999 -re: FLSA Exempt Status of GSA Classifications

ARTICLE 32
TERM OF AGREEMENT 

The provisions of this Agreement shall be effective for the fiscal years 1999/2000, 2000/2001, and 2001/2002, upon ratification of the Unit membership and approval of the Board of County Commissioners for Broward County, Florida, except as otherwise specifically provided in this Agreement, and as provided for in Section B below, and shall continue in force through September 30, 2002. Thereafter, this Agreement shall remain in effect, except for any provisions which specifically expire or are date specific, until a successor agreement is approved by the Board of Broward County Commissioners.

SIGNATURE PAGE 

IN WITNESS WHEREOF, the parties hereto have caused this Agreement between the Board of County Commissioners, Broward County, Florida and Government Supervisors Association of Florida, OPEIU, AFL-CIO, Local 100, Broward County Supervisory Unit for FY 1999/2000, 2000/2001, and 2001/2002 to be executed and signed by their duly authorized representatives, as of this _____ day of ______________, 19_____.

GOVERNMENT SUPERVISORS BROWARD COUNTY, FLORIDA

ASSOCIATION OF FLORIDA BOARD OF COUNTY COMMISSIONERS

OPEIU, AFL-CIO, LOCAL 100,

BROWARD COUNTY SUPERVISORY UNIT

By____________________________By_____________________________

President Commission Chairperson

By____________________________By_____________________________

Bargaining Team Member County Administrator

By____________________________By_____________________________

Bargaining Team Member Director of Human Resources

By____________________________By_____________________________

Bargaining Team Member Labor Relations Manager