Contract 2022 Articles 1-11 Flashcards

1
Q

What are the dates covered by this CBA?

A

October 1 2021 - September 30, 2024

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2
Q

What is the time and date of the stamp from the city clerk?

A

November 30, 2021 12:47pm

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3
Q

According to the CBA, Article 1 Recognition and definitions, who does the city recognize as the exclusive representative for the purpose of collective bargaining with respect to wages, hours, and all terms and conditions of employment for bargaining unit employees?

A

Metro Broward Professional Firefighters, Local 3080, IAFF

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4
Q

According to the CBA, Article 1 Recognition and definitions, who is excluded from this agreement (ranks/positions)?

A

Division Chiefs, Deputy Chief, Fire Chief, and all other City of Sunrise Employees

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5
Q

According to the CBA, Article 1 Recognition and definitions, who is included in this agreement (ranks/positions)?

A

Battalion Chiefs and Fire Marshall

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6
Q

According to the CBA, Article 2, Bulletin Boards, what is the UNION responsibility with boards and what can be posted on them?

A

The union agrees it will use the boards only for the following purposes: Notice of union meetings, union elections, reports of union committees, rulings/policies of the union, recreational/social affairs of the union, and notices by public bodies
PERM CoR/P
Public bodies
Elections
Recreational
Meetings
Committee reports
Rulings/Policies

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7
Q

According to the CBA, Article 2, Bulletin Boards, what is the EMPLOYER responsibility?

A

The city will provide one locked bulletin board for use by Local 3080 (I.e. one board for both bargaining units) for posting bulletins, notices, and other Union Material in each fire station and the PSC

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8
Q

According to the CBA, Article 5, Union Business, who is union time granted off to and how much/how often, and is it paid?

A

The Union’s DVP or their designee may be granted time off, not to exceed 192 hours (inclusive of the hours available to both 3080 bargaining units) (192 = 8 shifts) per FISCAL year without loss of pay subject to conditions.

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9
Q

According to the CBA, Article 5, Union Business, what are the conditions listed that the union DVP/designee must follow for Union business leave?

A

A written request to the FC or designee by the DVP at least 72 hours in advance of the time off, AND
Sufficient staffing is available to cover exiting assignments and provided there are not overtime costs.

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10
Q

According to the CBA, Article 5, Union Business, are elected officials granted time off for MONTHLY union meetings?

A

Elected officials will be granted time off without loss of pay to attend monthly union meetings, subject to previously stated conditions of notice and staffing

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11
Q

The grievance procedure is which article number

A

Article 7

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12
Q

According to the CBA, Article 7, the Grievance Procedure, What is the term for a difference, dispute, or complaint between the City and the Union as to the application or interpretation of this agreement

A

A grievance

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13
Q

According to the CBA, Article 7, the Grievance Procedure, Section 7.1, Controversies and disagreements in the grievance procedures will be settled amicably between which two parties? (7.1)

A

The City and the Union

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14
Q

According to Article 7, Grievance Procedure, Section 7.2 (step 1), The aggrieved employee shall present, in writing, within how many days from the date the employee knew or should have known of the events giving rise to their grievance to whom?

A

with 5 WORKING days to the FIRE Chief or his designee (BC Contract has FC in step 1 and step 2)

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15
Q

According to Article 7, Grievance Procedure, Section 7.2, Who shall sign the grievance in step 1 and what information about the grievance should be presented in it?

A

The employee will sign and it will specify:
the date of the alleged grievance,
the specific articles of the Agreement that were allegedly violated,
the basic facts pertaining to or giving rise to the grievance, and
the relief requested

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16
Q

According to the CBA, Article 7, the Grievance Procedure, Section 7.2 step 1, Can the aggrieved employee request a Union rep in step 1 of the grievance procedure?

A

Yes

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17
Q

According to the CBA, Article 7, the Grievance Procedure, Section 7.2 Step 1, What is the process in step one of the grievance procedure once the FIRE Chief of designee receive notice of the grievance?

A

They shall reach a decision and communicate it, IN WRITING, to the aggrieved employee within 5 working days from the date the grievance was presented to him.

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18
Q

According to Article 7, Grievance Procedure, Section 7.2 step 1 is not resolved by the FIRE Chief or designee, what should the employee do if they wish to continue forward and how long do they have to do this?

A

It shall be the responsibility of the aggrieved, within 5 working days, to document the grievance on the regular grievance form supplied by the Union.

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19
Q

According to Article 7, Grievance Procedure, Section 7.2 (step 1), Once step one of the grievance is documented on the regular grievance form from the Union, what are the next steps taken?

A

Arrangements will be made by the Union representative for a meeting of the Union Executive Board WITH the aggrieved PRESENT to discuss and reach a disposition on the grievance.

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20
Q

How long does the Union. Exec Board have in step 1 of the grievance procedure have to meet?

A

They shall meet to discusss the grievance within 30 days after it is filed.

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21
Q

According to the CBA, Article 7, the Grievance Procedure, Section 7.2, Which administrator is involved in step 2 of the grievance procedure?

A

The Fire Chief

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22
Q

According to the CBA, Article 7, the Grievance Procedure, Section 7.2, If the Union Exec Board decides to pursue the grievance, the grievance advances to which step of the procedure and with whom does it go to?

A

Step 2, The Fire Chief

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23
Q

According to the CBA, Article 7, the Grievance Procedure, Section 7.2, How long does the Union Exec Board have to present their grievance to the fire chief in step 2

A

5 working days

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24
Q

According to Article 7, Grievance Procedure, Section 7.2 (step 2), In step 2 of. the grievance procedure, how long does the fire chief have to respond, whom does it go to, and how is his response sent?

A

Within 5 working days, in writing, to the Union

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25
Q

According to the CBA, Article 7, the Grievance Procedure, Section 7.2, What grievance situations will be presented directly at step 2 of the procedure, without starting at step 1

A

Grievances involving discipline in the form of suspension, demotion, or termination, or where a grievance is so general in nature that it applies to a number of employees having the same issue to be decided

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26
Q

According to the CBA, Article 7, the Grievance Procedure, Section 7.2, If a grievance meets the criteria to skip step 1 and start at step 2, what are the timelines in place and whom shall sign the grievance presented?

A

Within the time limits provuded for submission in. step 1, and shall be signed by the aggrieved employees OR the IAFF rep. on their behalf

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27
Q

According to the CBA, Article 7, the Grievance Procedure, Section 7.2, If the grievance has not been resolved in step 2, whom presents it and where does it go to in step 3?

A

The Union shall present such written grievance to the Human Resources Director

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28
Q

According to the CBA, Article 7, the Grievance Procedure, Section 7.2, How long does the Union have to present the grievance in step 3 after receiving the response from step 2?

A

They shall present it within 5 working days from the date of the response at step 2

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29
Q

According to Article 7, Grievance Procedure, Section 7.2 (step 3), How long from receipt of the grievance in step 3 does the HR Director have to MEET with the Union Rep and other applicable persons?

A

within 5 working days from RECEIPT of the grievance

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30
Q

According to the CBA, Article 7, the Grievance Procedure, Section 7.2, What happens in step 3 of the grievance procedure if a resolution of the grievance is not reached at the meeting of the HR director and the Union Rep/other applicable persons and how long do they have?

A

The HR Director shall furnish a copy of their decision to the Union within 5 working days

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31
Q

According to the CBA, Article 7, the Grievance Procedure, Section 7.2, Under what circumstances can someone other than the HR Director be designated to hear a. step 3 grievance?

A

Upon 7 days written notice, the City Manager may designate another individual to hear step 3 grievances

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32
Q

According to the CBA, Article 7, the Grievance Procedure, Section 7.2, What happens if a grievance is not resolved at step 3 (where does it go and who submits it)?

A

If not resolved in Step 3, it shall be submitted to arbitration by the Union with 10 WORKING days from the date of the HR director decision

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33
Q

According to the CBA, Article 7, the Grievance Procedure, Section 7.2, How long does the Union have to submit the grievance to arbitration in step 4 of the procedure?

A

Within 10 working days from the date of the decision of the HR director

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34
Q

According to the CBA, Article 7, the Grievance Procedure, Section 7.2, Where is the arbitrator in step 4 of the grievance process chosen from and WHO chooses them?

A

The arbitrator is MUTUALLY selected from the Federal Mediation and Conciliation Services

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35
Q

According to Article 7, Grievance Procedure, Section 7.2 (step 4), What can be done after a decision is made in step 4 of the grievance procedure?

A

The award of the arbitrator in step 4 will be final and binding on both parties

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36
Q

According to the CBA, Article 7, the Grievance Procedure, Section 7.3, How is the arbitrator in step 4 of the grievance procedure paid?

A

The fee of the arbitrator will be equally divided between the parties

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37
Q

According to the CBA, Article 7, the Grievance Procedure, Section 7.3, Can a court reporter be present during step 4 and if so, who is responsible for their fees?

A

At the request of either party, there. shall be. a court reporter at this hearing. The expense of the certified court reporter will be borne by the party making the request.

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38
Q

According to Article 7, Grievance Procedure, Section 7.2 (step 4), In step 4 of the grievance procedure, who pays for the court reporter if both parties receive transcripts?

A

They will equally share the expense

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39
Q

According to Article 7, Grievance Procedure, Section 7.3 which party bears the expense its own witnesses, representatives, attorneys, and all other expenses?

A

Each party will bear the expense of its own witnesses, reps, attorneys, and all other individual expenses

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40
Q

According to Article 7, Grievance Procedure, Section 7.3, are on-duty personnel able to testify at an arbitration? Are they paid?

A

On-duty employees required to testify will be made available without loss of pay, HOWEVER, whenever possible, they shall be placed on call to minimize time lost from work.

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41
Q

According to the CBA, Article 7, the Grievance Procedure, Section 7.3, During step. 4 of the grievance procedure, what is the minimum that off-duty personnel are to be paid for testifying at an arbitration hearing?

A

Under no circumstance will an off-duty employee be paid for testifying at an arbitration hearing

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42
Q

According to the CBA, Article 7, the Grievance Procedure, Section 7.4, failure of the city to respond within the time limits contained in this article is considered what?

A

Will be considered denial of the grievance and the aggrieved party may respond automatically to the next step

43
Q

According to the CBA, Article 7, the Grievance Procedure, Section 7.5, what powers does the arbitrator have to add to or subtract from this Agreement?

A

The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement.

44
Q

According to the CBA, Article 7, the Grievance Procedure, Section 7.5, how long does the arbitrator have to render their report?

A

They shall render the report to the. applicable parties within 30 days after the parties SUBMIT BRIEFS, if any, to the arbitrator.

45
Q

According to Article 7, Grievance Procedure, Section 7.6, any settlement of a grievance PRIOR to arbitration shall be limited retroactively to how long?

A

shall be limited retroactively to a period NOT TO EXCEED 10 working days prior to the date such grievance was FIRST put in writing

46
Q

According to the CBA, Article 7, the Grievance Procedure, Section 7.6, any settlement of a grievance PRIOR to arbitration shall not constitute admission of what?

A

Shall not constitute an admission that the agreement was violated
nor constitute a precedent for future contract administration

47
Q

According to the CBA, Article 7, the Grievance Procedure, Section 7.7, any resolution of a grievance BY AN ARBITRATOR can be retroactive to what period?

A

resolution of a grievance by an arbitrator will be retroactive to a period to be determined by the arbitrator

48
Q

According to the CBA, Article 7, the Grievance Procedure, Section 7.8, all documentation presented at any step, including the Union grievance form, will be dated and signed by whom?

A

All documentation will be dated and signed by the aggrieved employee and/or the union representative presenting it.

49
Q

According to the CBA, Article 7, the Grievance Procedure, Section 7.8, all documentation presented at any step to the City will have what done by the representative?

A

The representative will acknowledge receipt of said document and date it accordingly

50
Q

According to the CBA, Article 7, the Grievance Procedure, Section 7.8, what will be done with any decision rendered to the aggrieved employee?

A

Any decision rendered will be written to the aggrieved employee and/or to the Union and will be signed and dated by the Employer or Employer’s representative at all steps.

51
Q

According to the CBA, Article 7, the Grievance Procedure, Section 7.9, for purpose of clarity, what defines “working days”?

A

Monday through Friday between the. hours of. 0800 and 1600, excluding Saturdays and Sundays

52
Q

According to the CBA, Article 7, the Grievance Procedure, Section 7.10, what is the Union’s responsibility in grievances for an employee who is not a member of the union?

A

The union will not be required to PROCESS grievances for an employee who is not a member of the Union and will waive, IN WRITING, to the City it’s non-participation

53
Q

According to the CBA, Article 7, the Grievance Procedure, Section 7.10, When will the Union be invited to attend meeting for a non-union member’s grievance

A

The Union will be invited to attend any meetings where a resolution of said non-union member’s grievance might be made

54
Q

According to the CBA, Article 7, the Grievance Procedure, Section 7.11, how can time limits set forth in the grievance procedures be extended?

A

By mutual consent time limits may be extended.

55
Q

According to the CBA, Article 7, the Grievance Procedure, Section 7.12, what is the term used for the only reasoning that non-probationary employees may be suspended, disciplined, or discharged

A

Non-probationary employees maybe suspended, demoted, disciplined, or discharged only for JUST CAUSE.

56
Q

According to the article 8, Dues Deduction, Section 8.1, how often are wagers deducted, and how often and where are said wages delivered to?

A

The City agrees to deduct weekly from the wages of each employee, the sum certified as dues, and each month deliver the sum to the Union Treasurer

57
Q

According to the article 8, Dues Deduction, Section 8.2, employees desiring dues to be deducted from their pay checks shall sign what with whom?

A

Shall sign a standardized form with an authorized Officer of the Union

58
Q

According to the article 8, Dues Deduction, Section 8.2, employees wishing to revoke paying union dues may do so how, to whom, and with how much notice?

A

At the employees request upon 30 days written notice to the City AND the Union

59
Q

According to the article 8, Dues Deduction, Section 8.3, The Union shall have no right or interest in any money authorized or with held until when?

A

Until such money is actually paid to the Union.

60
Q

According to the article 8, Dues Deduction, Section 8.3, when is the City and its officers and employees released from all liability regarding dues payments?

A

Upon forwarding check in payment of such deductions my mail to the assignee’s last known address

61
Q

According to the article 8, Dues Deduction, Section 8.4, what is the fee charged by the City for deducting and forwarding dues to the Union?

A

The city agrees to provide this service to the Union at no cost

62
Q

According to the article 8, Dues Deduction, Section 8.5, how will the Union treat errors in the administration of the dues deduction system administered by the city?

A

The Union shall indemnify and hold the City harmless for any and all errors in the administration of dues, provided that the city will make a reasonable effort to efficiently administer the dues deduction system

63
Q

According to the article 8, Dues Deduction, Section 8.6, changes in Union membership dues rate shall be implemented by the city within how much time?

A

The change will be implemented as soon as is practicable, but in no event later than 30 days after notification

64
Q

According to the article 9, Seniority, Section 9.1, what does seniority consist. of?

A

Seniority shall consist of continuous accumulated paid service with the Fire Rescue Department. It will be computed from the day of appointment in each rank

65
Q

According to the article 9, Seniority, Section 9.1, Seniority will be computed from what date?

A

Seniority will be computed from the date of appointment in each rank.

66
Q

According to the article 9, Seniority, Section. 9.1, during which times does seniority NOT accumulate?

A

Seniority will not accumulate during any UNPAID leaves of absence, EXCEPT for military leave

67
Q

According to the article 9, Seniority, Section 9.2, what will seniority govern?

A

Vacations

68
Q

According to the article 9, Seniority, Section 9.2, how does seniority govern work assignments by shift?

A

Work assignments, by shift, shall NOT be. subject to this article as massing flexibility for the Battalion Chief is necessary.

69
Q

According to the article 9, Seniority, Section 9.3, how are ties in seniority for RANKING EMPLOYEES broken?

A

It will depend on PROMOTION date. Either those promoted before April 1, 2002, or those promoted on or after April 1, 2002

70
Q

According to the article 9, Seniority, Section 9.3, how are ties in seniority broken for those promoted BEFORE April 1, 2002 broken?

A
  1. Time in rank (promotion date)
  2. Time in next lowest rank to the rank in question
  3. Date of employment
  4. Promotional test score (overall ranking)
  5. Date of employment application
71
Q

According to the article 9, Seniority, Section9.3, how are ties in seniority broken for those promoted ON of AFTER April 1, 2002?

A
  1. Time in rank (promotion date)
  2. Promotional test score (overall. ranking)
  3. Time in next lowest rank
  4. Date of employment
  5. Date of employment application
72
Q

According to the article 9, Seniority, Section 9.3, if a tie in seniority is between the test scores of 2 DIFFERENT positions, what happens?

A

These criteria will be inapplicable and the remaining criteria will be utilized

73
Q

According to the article 9, Seniority, Section 9.5, a seniority list will be provided on a regular basis and updated as necessary to whom?

A

The battalion chief.

74
Q

According to the article 10, Time Exchange, Section 10.1 which parties must complete and sign a voluntary time exchange?

A

Both parties to the exchange must complete and sign an electronic request

75
Q

According to the article 10, Time Exchange, Section 10.1, to whom does a completed and signed voluntary time exchange get presented to?

A

To the Fire Chief or Designee

76
Q

According to the article 10, Time Exchange, Section 10.1, who makes the decision of. whether or not to approve a time exchange request and when is the applicant informed?

A

The Fire Chief or designee will make the decision and the applicant will be advised of the decision prior to the shift exchange.

77
Q

According to the article 10, Time Exchange, Section 10.1, what fancy language is used say that time exchange requests won’t be denied all willy nilly

A

Such shift exchange requests will not be capriciously or arbitrarily denied.

78
Q

According to the article 10, Time Exchange, Section 10.2, what is the amount of time that employees will exchange, generally speaking?

A

24 hour shifts

79
Q

According to the article 10, Time Exchange, Section 10.2, what is the minimum amount of time for a partial shift exchange that will be permitted?

A

2 hours

80
Q

According to the article 10, Time Exchange, Section 10.2, are prior approvals for partial time exchanges of 2 hours needed?

A

Yes, they require prior approval from the Fire Chief

81
Q

According to the article 10, Time Exchange, Section 10.2, Applicants performing a partial time exchange must remain on duty until when?

A

Until their replacement arrives, and the replacement must report ready for duty.

82
Q

According to the article 10, Time Exchange, Section 10.2, applicants performing a partial time exchange, the replacement must remain on duty until when?

A

Until the employee scheduled for the shift returns and is ready for duty.

83
Q

According to the article 10, Time Exchange, Section 10.2, is the one shift advance notice required for all time exchanges?

A

The one shift advance notice will NOT be required for partial shift exchange of less than 12 hours, UNLESS the exchange of time is to start. at the beginning of shift at 0800

84
Q

According to the article 10, Time Exchange, Section 10.3, who will maintain the original time exchange request forms?

A

The City

85
Q

According to the CBA, Article 10, the Time Exchange, Section 10.4, who determines if employees exchanging time are of equal rank or qualifications?

A

The Fire Chief or his designee in sole and exclusive discretion

86
Q

According to the article 10, Time Exchange, Section 10.4, when is a time exchange employee entitled to out of class pay?

A

Only if the employee is officially assigned to work in a higher classification by the department while on the time exchange.

87
Q

According to the article 10, Time Exchange, Section 10.4, what is the time exchange limit that an employee can owe or be owed?

A

No employee may have more than 5 shifts “owed” and no employee may “owe” more than 5 shifts to any other employee

88
Q

According to the article 10, Time Exchange, Section 10.4, what is the limit an employee can work for consecutive shifts?

A

No employee may work more than 2 consecutive shifts.

89
Q

According to the article 10, Time Exchange, Section 10.6, what responsibility does the city have in time exchanges owed?

A

The Union and all employees agree that the time that may be owed between employees based on shift exchanges is the personal responsibility of each employee. involved and that the City has no responsibility whatsoever for any time owed between employees related to shift exchanges, and that the City will be held harmless against any claim of liability involving any dispute between employees about time owed arising from a shift exchange.

90
Q

According to the article 10, Time Exchange, Section 10.7, what can happen to employees who abuse the time exchange article?

A

Shall be subject to the loss of the right to time exchanges for a period of up to one year, as determined by the fire chief or designee.

91
Q

According to the article 10, Time Exchange, Section10.8, what can happen to a member that agrees to exchange time but fails to report to work the agreed shift?

A

They shall be subject to disciplinary action, up to and including termination.

92
Q

According to the article 10, Time Exchange, Section 10.8, what happens to an employee who agrees to a time exchange and fails to work because of illness or a reason that qualifies for emergency leave, or who reports but leaves early due to those factors?

A

They may be required to provide a doctor’s note to verify the illness; the employee’s sick leave account. (or annual leave in cases of emergency leave) will also be “docked” for each one-quarter (1/4) hour missed

93
Q

According to the article 10, Time Exchange, Section 10.9, If an employee fails to work all or part of an agreed time exchange and, for any reason (EXCEPT ILLNESS OR INJURY) the city incurs any costs or expenses as a result of (including but not limited to overtime payments), what happens to the employee?

A

All of said costs and expenses will be deducted from the annual leave account of the employee who fails to work

94
Q

According to the article 11, Leave without pay, Section 11.1, Leaves of absence without pay for a period not to exceed HOW LONG may be granted for any reasonable purpose, and by WHOM?

A

not to exceed 60 calendar days by the HR director

95
Q

According to the article 11, Leave without pay, Section 11.1, leaves of absence after 60 days may be renewed or extended for a period not to exceed how long? How is it requested and approved

A

Not to exceed 30 calendar days if requested and approved in writing by the HR director.

96
Q

According to the article 11, Leave without pay, Section 11.1, Employees are not eligible for a leave of absence during what period?

A

During the probationary period

97
Q

According to the article 11, Leave without pay, Section 11.2, An employee may, upon request, be granted a leave of absence without pay by the HR director for the puposes of attending what type of institution?

A

Attending an accredited educational institution when such leave and education is related to the employee’s employment.

98
Q

According to the article 11, Leave without pay, Section 11.2, True of False: the denial of a leave of absence under this section relating to attending an educational institute is grieve able

A

False, it is not

99
Q

According to the article 11, Leave without pay, Section 11.3, Employee’s granted a leave of absence (with or without pay) may not engage in what without the approval of whom?

A

They may not engage in work for profit during said lead without the express permission of the human resources director

100
Q

According to the article 11, Leave without pay, Section 11.3, employees on UNPAID leave status shall not earn. or accrue what during the period of said unpaid leave

A

shall not earn or accrue any BENEFITS or SENIORITY during the period of unpaid leave

101
Q

According to the article 11, Leave without pay, Section 11.4, what needs to be exhausted before unpaid leave or a leave of absence without pay may be granted?

A

Only after an employee has exhausted their annual leave and floating holiday time accruals

102
Q

According to the article 11, Leave without pay, Section 11.4, In cases of sickness, mental OR physical. disability, the employee must exhaust what before being granted unpaid leave or a leave of absence without pay?

A

The employee must exhaust their sick leave accruals

103
Q

According to the article 11, Leave without pay, Section 11.6, what is the term for any time period without pay for one pay period (two-weeks) or less and does HR need to approve this?

A

This is considered UNPAID LEAVE and does NOT require the approval of the HR director.

104
Q

According to the article 11, Leave without pay, Section 11.7 what leave and how much of it will toll an employee’s continuous service, thus causing an adjustment to their anniversary date?

A

Any unpaid leave of absence of 30 calendar days (full or partial) will toll their continuous service