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ARTICLES BY NUMBER 1 -
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The City and the Union agree to full and unequivocal cooperation with each other in eliminating all discrimination and to assure all personnel programs, policies, and assignments are free from discriminatory practices.
Section 2. The parties recognize that it is mutually beneficial to resolve any problem of alleged discrimination as amicably and expeditiously as possible and agree that each shall make a good faith effort to settle such dispute informally within the Department before any formal complaint is filed.
Section 3. An Equal Employment Opportunity (EEO) complaint may be an allegation of discrimination on the basis of:
Section 3.1 race, color, religion, sex, national origin as prohibited by the Civil Rights Act of 1964, as amended, or by applicable state or local law;
Section 3.2 age as prohibited by the Age Discrimination Act. of 1967, as amended, or by applicable state or local law;
Section 3.3 sex as prohibited by the Fair Labor Standards Act of 1938, as amended, or by applicable state or local law;
Section 3.4 recognized physical handicapping conditions as prohibited by the Rehabilitation Act of 1973, as amended, or by applicable state or local law;
Section 3.5 marital status or lawful political affiliation as prohibited under Federal Law and Florida Statutes, or applicable local law.
Section 4. In the case of an EEO complaint based on grounds stated in Section 3 of this Article, the employee may seek recourse exclusively under applicable statutory procedures, and the complaint will be processed in accordance with the current and applicable rules and regulations of the appropriate federal, state, or local agency.
Section 5. The Union agrees to fully support the principles of Equal Employment Opportunity. The Union shall be included in the negotiation of any future consent decrees which affect the Union and its members. The Union and the City agree to abide by any future court-approved consent decree to which both parties have consented.
Section 6. In the event the laws pertaining to affirmative action are changed by the Federal government or by United States Supreme Court decision, the City shall have the right to reopen negotiations for the limited purpose of negotiating an affirmative action provision while the remainder of this Agreement shall remain in full force and effect.
If the City elects to reopen this Agreement on the single issue of affirmative action, it shall notify the Union of its desire, in writing, and the parties shall meet to negotiate within fifteen (15) days of such notice.
If the City reopens the Agreement on the issue of affirmative action and the parties are unable to reach agreement, the single issue will be resolved in accordance with the impasse provisions established in Section 447.403, Florida Statutes (1987). |
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