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ARTICLES BY NUMBER 1 -
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Seniority, as used herein, is defined as the right accruing to employees through length of service which entitles them to certain considerations and preferences as provided for in this Agreement. Seniority standing shall be based on the employee's full-time employment in a permanent position within the City, Department, or classification.
Continuous service, as used in this Article, shall mean uninterrupted service except for authorized leaves of absence or separation due to lay off; however, periods of unpaid leave shall not be counted as time served for computing continuous service. (Example: employee hired January 1 goes on unpaid leave for one (1) month beginning April 1. All other periods of leave are with pay. The employee will have completed twelve (12) months of continuous service as of February 1 of the following year.)
Section 2. City Seniority - Each employee will have seniority standing in the City equal to the employee's total continuous full-time service held in a permanent position with the City of Fort Lauderdale dating from the employee's most recent date of such employment.
Section 3. Classification Seniority - Each employee will have seniority standing within the employee's current classification equal to the employee's total continuous service held in a permanent position dating from the employee's most recent date of permanent employment in that classification.
Section 4. Departmental Seniority - Each employee will have seniority standing equal to the employee's total continuous full-time service with the City of Fort Lauderdale Police Department dating back to the employee's most recent date of permanent employment as a Police Officer.
Section 5. Probation – If a new employee is hired as a non-certified police officer, the employee’s probationary period will be a period of twelve (12) months of continuous service or two hundred fifty (250) actual workdays following graduation from the Police Academy, whichever is greater, during which time the City will have the right to dismiss or retain the employee at its sole non-arbitrable discretion. Upon expiration of the probationary period, the employee shall be deemed a regular employee whose seniority shall date back to his/her date of hire in the permanent position.
If an employee is hired as a certified police officer, the employee’s probation period will be a period of twelve (12) months of continuous service or two hundred fifty (250) actual workdays, from the employee’s date of hire, whichever is greater.
Upon mutual agreement by the parties, and written approval by the City Manager, an employee’s probation period may be extended.
Section 6. A promoted employee, including those promoted outside of the Bargaining Unit, shall be considered to be on probation for a period of six (6) months of continuous service or one hundred twenty-five (125) actual workdays, whichever is greater, during which time the City, at its sole discretion, shall have the right to return the employee to the classification previously held. If there is no such vacancy in that classification, the demoted employee shall displace the employee with the least classification seniority within the classification previously held. The rights of such displaced employee shall be in accordance with the layoff procedure.
Section 7. Loss of Seniority - An employee's seniority and employment shall terminate when an employee:
7.1 voluntarily resigns; 7.2 retires; 7.3 is discharged; 7.4 is absent for three (3) consecutive working days without authorized leave; 7.5 has not worked for the City two (2) years after layoff; 7.6 fails to return from authorized leave of absence; 7.7 fails to return within fifteen (15) calendar days after the date designated; 7.8 has not worked for the City for a period of two (2) years due to non-service disability.
Section 8. Adjustment of Seniority - Seniority shall continue to accumulate during periods of paid leave of absence or in the case of "on-the-job" Injury during the period the employee receives Worker's Compensation benefits but in no event more than two (2) years. The seniority of an employee who is laid off or is on leave of absence without pay for more than fifteen (15) working days shall not accumulate during the period of such absence.
Section 9. In the event a management employee in the sworn police service is laid-off, demoted or does not successfully complete his/her probationary period in the promoted classification, the employee shall have the right to return to the last permanently held classification based upon his/her seniority standing. In the event that such a roll-back causes the bumping of a less senior employee in the lower rank, that employee shall be processed in accordance with the layoff provision of Article 33, "Layoff and Recall".
Section 10. Whenever seniority is used for determining comparative status between two (2) or more employees, and a tie exists, the status shall be determined by the final Civil Service score as reflected in the City’s eligible register for entry level Police Officer. In the event of a tie in such scores, status shall be determined by “lot”. |
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