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013-1995 DM CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TElEPHONE: (305) 673-7010 FAX: (305) 673-n82 DEPARTMENT MEMORANDUM NO. 13-1995 TO: All Department Directors DATE: April 10, 1995 FROM: Roger M. CarltotA.. II A./ City Manager '\~ SUBJECT: AFSCME/LABOR CONTRACT REVIEW MEETING Mr. Dean R. Mielke, Assistant City Manager/Labor Relations, recently completed labor contract negotiations with AFSCME Local 1554 for a three-year contract to commence on May 1, 1995, and run through April 30, 1998. Attached is a training copy of the contract that was negotiated between the City of Miami Beach and AFSCME. This contract will be presented to the City Commission for ratification at the April 19, 1995, City Commission Meeting. Mr. Mielke will be conducting a training/review for the Implementation of the AFSCME contract for the department/division directors on Friday. April 21. 1995, from 9:00 to 11 :30 a.m., in the City Manager's Office, Large Conference Room. If you have any questions, feel free to call Mr. Mielke; otherwise, please mark your calendars for Friday, April 21, 1995, and plan to attend (please bring the attached contract with you) the AFSCME contract review session. RMC:lg Attachment a;DEPT MEM().LTC2194 AFS-DEPT.REV cc: Dean R. Mielke, Assistant City Manager/Labor Relations Mayra Diaz-Buttacavoli, Assistant City Manager Joseph Pinon, Assistant City Manager Harry Mavrogenes, Assistant City Manager Jack Lubin, Executive Assistant to the City Manager Peter Liu, Executive Assistant to the City Manager ,-- ~ ~~~ . CONTRACT Between CITY OF MIAMI BEACH. FLORIDA and the MIAMI BEACH MUNICIPAL EMPLOYEES UNION. AFSCME LOCAL NO. 1554 ,- PERIOD COVERED: MAY 1. 1995 - APRIL 30.1998 -- AFSCME CONTRACT FOR 5/1/95 - 4/30/98 ~ Page 2, Article I, Recogn~ion, added new bargaining un~ classifications and deleted those that were obsolete. Page 5, Article III, Equal Employment Opportunity: added language for ADA. Page 6, Article IV, Grievance Procedure, deleted step 2 (was a 4 step process, now a 3 step process), and added language for usage of Grievance Form and Election of Remedy Form. Page 8, Section 4.8, added language to eliminate oral counseling or reprimands from the grievance process. Page 11, Article VI, Management Rights, all new language. Page 15, Wages, added language for wages as negotiated for this contract and language re-written to reflect what previous contract provided for with regard to two tier pay plans and pensions. New language also added w~h regard to the Hendricks & Associates Oassification and Compensation Plans and the implementation thereof. Page 17, Section 8.5, Rate of Pay When Working Out of Classification, language was rewritten for clarification and the hourly rate was increased from 65 cents to 90 cents an hour. Page 18, Section 8.6, Uniforms, added some specific classifications to receive six sets of uniforms and language added to clarify the schedule for distribution of uniforms. Page 18, Section 8.7, Safety Shoes, this is a new section and provides an allowance to the employee for safety shoes, and lists the job classifications that are required to wear the safety equipment, and disciplinary action for non wearing the shoes. ~ Page 20, Section 8.10, Meal Allowance, language was re-written to clarify that employee needed receipt to collect the $6.00 allowance, but not to collect a $4.00 allowance. Page 20, Section 8.11, Jury and W~ness Duty, language added to say that if employee was released from jury /w~ness duty and 3 or more hours are left in the workshifl, then the employee should call the supervisor for instruction on returning to work. Page 20, Section 8.12, Tool Allowance, language changed to include the job titles, that a tool inventory must be met, and provides an increase in the amount of tool allowance. Page 21, Section 8.13, Bereavement, language changed to give employee 2 days bereavement leave per death, and that a death certificate must be provided. Page 23, Pension, language changed to reflect the dates of newly hired employees from the previous labor agreement. Page 24, Section 9.2, Layoffs, language added to ensure that layoffs will not affect the City's efforts to diversify the workforce. Page 24, Section 9.3, Recalls, language added to say that recalls will be in accordance w~h Civil Service Rules. Page 28, Section 10.3, language added to clarify transport/work procedures during inclement weather. Page 30, Section 10.12, all new language--Ianguage added for attendance incentive program. .,.- LG c:UNION.CTR\AFS95LST.REV CONTRACT ~. THIS CONTRACT, made and entered into this day of 19-,--, by and between the CITY OF MIAMI BEACH, FLORIDA, (herein called the .City"), and the MIAMI BEACH MUNICIPAL EMPLOYEES UNION, LOCAL 1554, (herein called the .Union'). WIT N E SSE T H: WHEREAS, this Contract has as its purpose the promotion of harmonious relations between the City and the Union and the negotiation of wages, hours, and working conditions to be in effect during the term(s) of this Contract; and .- WHEREAS, the rights, obligations, and authority of the parties to this Contract are governed by and subject to the laws of the State of Florida; NOW, THEREFORE, the parties agree with each other as follows: /'"""" AFSCME - 1 ~ ARTICLE I RECOGNITION Section 1.1. Reoresentation. Pursuant to and In accordance with all applicable provisions of Chapter 447, Part II of the Florida Statutes, the City recognizes the Union as the exclusive bargaining representative for all employees Included In the bargaining unit of local 1554, for the purpose of collective bargaining concerning wages, hours of work and other terms and conditions of employment. Section 1.2. Bargaining Unit. The bargaining unit of this local union has been determined by the Public Employees Relations Commission to be appropriate for the purposes of collective bargaining. Certificate No. 379 was Issued to Local 1554 on January 9, 1978. The bargaining unit of this local union Includes all classifications listed below: ~ Assistant Pumping Mechanic Building Attendant Community Center Director Control Room Operator Custodial Supervisor Custodial Worker Diesel Generator Mechanic Equipment Attendant Equipment Mechanic Fire Equipment Mechanic Guard Heavy Equipment Operator I and II Laborer I and II Maintenance Mechanic Maintenance Worker I, II, III, and IV Nursery Supervisor Park Attendant I and II Park Mechanic Park Pest Control Suoervisor Park Supervisor I Pollee Utility Worker Pumping Mechanic Recreation Attendant Recreation Director Recreation Guard I and II Recreation Operations Mechanic Sewer Pipefitter Sewer Supervisor Shop Clerk Storekeeper Stores Clerk Street Supervisor I Tree Maintenance Supervisor Tree Trimmer Utility Worker Waste Collector Waste Driver Supervisor Water Meter Reader Water Meter Technician Water Pipefitter Water Supervisor Whiteway Supervisor I ;- AFSCME - 2 Sectign 1 .3. Rights of Individuals. ~ (a) A union member shall be entitled to Union representation in accordance with the provisions of this Contract at each and every step of the grievance procedure set forth in this Contract. (b) All references to "employees" in this Contract shall mean both sexes, and where the male gender is used, it shall be construed to include male and female employees. The City agrees not to interfere with the rights of employees to become members of the Union and the Union agrees not to interfere with the rights of employees to refrain from becoming Union members. There shall be no discrimination, interference, restraint, or coercion by the City against any employee because of Union membership or Union activity. There shall be no discrimination, interference, restraint, coercion by the Union against any employee because of non-union membership. (c) No mechanical recording devices of any kind shall be used in discussions between department heads, division heads, or supervisors and employees unless the parties mutually agree otherwise. It is specifically understood that this subsection shall not in any way apply to any City board. (d) During an entrance interview, no prospective new employee who would be covered by this Agreement shall be questioned concerning his/her feelings, pro or con, toward the Union. ~ (e) Upon reasonable request, an employee or his/her Union representative designated in writing shall have the right to review his/her personnel file maintained by the Human Resources Department (or by the Division) in the presence of an appropriate representative of the Human Resources Department or Division Management. Employees shall be provided with a copy of any documents placed in his/her personnel file which adversely reflect on an employee's work performance. If requested by the employees, his/her supervisor will discuss the documents with him/her. The employee shall be allowed to place in his/her personnel file a response of reasonable length to anything contained therein which the employee deems to be adverse. It is specifically understood, that this provision shall not in any way alter or modify the Personnel Rules concerning tests or examinations and the period of time which an employee has to review tests or examinations which he/she has taken. (f) Nothing contained in this Contract shall abridge the rights of individual employees or the employer under Florida law. ;- AFSCME - 3 ~ ARTICLE II DEDUCTION OF UNION DUES Section 2.1. Checkoff. Upon receipt of a lawfully executed written authorization from an employee, which is presented to the City by an official designated by the Union in writing, the City agrees during the term of this Contract to deduct the uniform bi-weekly Union dues of such employees from their pay and remit such deductions to the Union Treasurer together with a list of the employees from whom deductions were made; provided, however, that such authorization is revocable at the employee's will upon thirty (30) days written notice to the City and the Union. The Union will notify the City thirty (30) days prior to any change in its dues structure. The Union shall pay, during the term of this Agreement the amount of sixty dollars ($60) annually as a service charge for implementing and processing the above stated dues deductions. The Union shall make the payment on or before April 1 of each year of the Agreement. Section 2.2. Indemnification. The Union agrees to indemnify and hold the City harmless against any and all claims, suits, orders or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provision of this Article. - AFSCME - 4 ~ ARTICLE III EQUAL EMPLOYMENT OPPORTUNITY Section 3.1. No Discrimination. In accordance with applicable Federal and State law, the City and the Union agree not to discriminate against any employee on the basis of age, race, creed, color, sex, national origin, or political beliefs. Nothing contained herein shall serve as a barrier for the implementation by the City of any such personnel actions as deemed necessary to comply with the Americans With Disabilities Act. The develoDment of iob sDecifications that delineate those duties that are the reouired. essential tasks of each job for the Duroose of the Americans With Disabilities Act (ADA\. shall not be considered discriminatorv or be grievable under the terms of this Contract. This section does not Dreclude anv bargaining unit emDlovee from Dursuino anv aD Deal he/she mav have under the Civil Riohts Act. .- Section 3.2. Affirmation Action. The parties acknowledge the existence of Federal Guidelines on voluntary affirmative action programs and the City is committed to the development of an Affirmative Action Plan in accordance with those guidelines and law. The Union will be provided with an opportunity to participate in the development of the Plan, and will thereafter assist the City in achieving any lawful goals set forth in the Plan. Section 3.3. Examinations. The City is committed to the utilization of fair, job-related examinations and fairly administering such examinations, however, the subject matter and/or administration of these examinations shall not be subject to the grievance and arbitration procedure of this Contract, however, questions or complaints concerning examinations may be brought to the Human Resources Director. .- AFSCME - 5 ~ ARTICLE IV GRIEVANCE PROCEDURE Section 4.1. Definition of Grievance and Time limit for Filina. A grievance is a dispute involving the interpretation and application of the express terms of this Contract, excluding matters not covered by this Contract. The Union acknowledges that the Personnel Board retains the right to make, enforce, amend, and apply the Personnel Rules and Regulations, and that neither the City, the Union, nor an arbitrator can control the Personnel Board's exercise of this right. No grievance shall be entertained or processed unless it is submitted within ten (10) working days after the occurrence of the event giving rise to the grievance or within ten (10) working days after the employee, through the use of reasonable diligence, should have obtained knowledge .of the occurrence of the event giving rise to the grievance. Section 4.2. Grievance Procedure. Grievances shall be processed, individually, as follows: STEP 1: - STEP 2: STEP 3: .- Any employee who has a grievance (or a steward on the employee's behalf) shall submit the arievance. on the Grjevance Form as Drovided bv the City. to the supervisor designated for this purpose by the City, and if the employee wishes, he/she shall be accompanied by his/her Union Steward. If no settlement is reached, the supervisor shall give the City's written answer within five (5) working days after such presentation. If the grievance is not settled in Step 1 and the employee wishes to appeal the grievance to Step 2 of the Grievance Procedure, it shall be referred in writing to the Department Head within three (3) working days after the Supervisor's answer in Step 1 and shall be signed by the employee and/or the Union Steward. The Election of Remedv Form as aareed herein shall be comoleted and submitted with the grievance. The Department Head, or his/her Representative, shall discuss the grievance within three (3) working days with the Union Steward at a time mutually agreeable to the parties. If no settlement is reached, the Department Head, or his/her Representative, shall give the City's written answer to the Union within three (3) working days following their meeting. Grievances Drocessed without the comDleted. sianed Election of Remedv Form attached will be considered as withdrawn. and will be returned to the Union President or the Grievantls\. If the grievance is not settled in Step 2 and the Union and/or the employee desires to appeal, the Union President or his/her designated Representative and/or the employee shall appeal in writing to the City Manager, or his/her Representative, within three (3) working days after the designated Department Head's answer in Step 2. A meeting between the City Manager, or his/her Representative, and the Union Grievance Committee, not to exceed five (5) employees (and/or the employee) shall be held at a time mutually agreeable to the parties. If no settlement or a settlement is reached, the City Manager, or his/her Representative, shall give the City's written answer to the Union and the employee within five (5) working days following the meeting. AFSCME - 6 The Union President or the Chief Steward and the appropriate Department Head may mutually agree in writing that the first two steps of the grievance procedure set forth above may be bypassed if the circumstances warrant it. Section 4.3. Bindina Arbitration. If the grievance is not resolved in Step 3 of the grievance procedure, the Union, on behalf of the employee(s) who filed the grievance, or the employee(s) himself (themselves), may refer the grievance to binding arbitration within fIVe (5) working days after receipt of the City's answer in Step 3. The parties shall attempt to agree upon an arbitrator within ten (10) working days after receipt of notice of referral and in the event the parties are unable to agree upon an arbitrator within said ten (10) workday period, either or both parties may request the Federal Mediation and Conciliation Service to submit a panel of five (5) arbitrators. Both the City and the Union shall have the right to strike two names from the panel. The parties shall alternately strike one name at a time. The remaining person shall be the arbitrator. The arbitrator shall be notified of his/her selection within five (5) working days by a joint letter from the parties requesting that he/she advise the parties of his/her availability for a hearing. Section 4.4. Authoritv of Arbitrator. The arbitrator shall have no right to amend, modify, ignore, add to, or subtract from the provisions of this Contract. He/She shall consider and decide only the specific issue submitted to him/her in writing by the parties, and shall have no authority to make a decision on any other issue not so submitted to him/her. The arbitrator shall submit in writing his/her decision within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever is later, provided that the parties may mutually agree in writing to extend said limitation. The decision shall be based solely upon his/her interpretation of the meaning or application of the express terms of this Contract to the facts of the grievance presented. Consistent with this section, the decision of the arbitrator shall be final and binding. Section 4.5. Exoenses of Arbitration. The fee and expenses of the arbitrator shall be paid by the party not prevailing in the decision of the arbitrator. If only one party wishes a written transcript, it shall be the party's sole financial responsibility. If both parties wish the transcript, they shall split the cost. Each party shall be responsible for compensating its own representative and witnesses. .- AFSCME - 7 Section 4.6. Differences Concerning Personnel Rules. A difference of opinion with respect to the ~ meaning or application of Personnel Rules which directly affect wages, hours or working conditions may be submitted by the employee or the Union President or designee to the City Manager or his/her Representative within ten (10) days after the occurrence of the event giving rise to the difference of opinion. The Human Resources Director, or his/her Representative, and the City Manager, or his/her Representative, shall discuss the matter with the employee and the Union Steward or Union Representative at a time mutually agreeable to the parties. If no settlement is reached at this meeting, the employee retains hiS/her right to appeal to the Personnel Board under the statutory procedures goveming such appeals. Section 4.7. Electjon of Remedies. It is agreed by the Union that employees covered by this contract shall make an exclusive election of remedy prior to filing a 2nd Step Grievance or initiation action for redress in any other forum. Such choice of remedy will be made in writing on the Election of Remedv Form to be supplied by the City. The election form will indicate whether the aggrieved party or parties wish to utilize the grievance procedure contained in the Contract or process the grievance, appeal or administrative action before a governmental board, commission, agency or court proceeding. Selection of redress other than through the grievance procedure contained herein shall preclude the aggrieved party or parties from utilizing said grievance procedure for adjustment of said grievance. - Section 4.8. Grievances Involvina Discioline. Discipline shall only be for cause but shall not Include informal counselina or oral reprimands that are not written UD and Dlaced in the emDlavee's Personnel file. Written reprimands, suspensions, and dismissals shall be considered discioline. Any employee who has completed the working test period (probationary period) and who is disciplined, may file a grievance concerning same. Such a grievance shall be submitted to the Department Head wtthin four (4) working days of the imposition of the discipline. The Department Head, or his/her Representative, and the City Manager or hiS/her Representative, shall discuss the grievance within two (2) working days with the employee and the Union Steward or the Union Representative at a time mutually agreeable to the parties. If no settlement is reached at this meeting, the employee retains whatever rights he/she may have to appeal to the Personnel Board under its procedures, rules and regulations, or may elect to take his/her grievance to arbttration, however an election to arbitrate shall foreclose any resort to the Personnel Board, and an election to the Personnel Board shall foreclose any resort to arbitration. .- AFSCME - 8 Section 4.9. Union Stewards. Union Stewards shall be designated by the Union. The Union shall be entitled to 14 Stewards distributed as follows: Sanitation 2 Parks 2'2 Mechanical Maintenance 2'2 Water/Sewer 2 Streets and Streetlights 1 Property Maintenance 1 Recreation and Cultural Affairs and Bass Museum 2 Parking Department 1 Chief Steward 1 ':./ Each at a different location. The Chief Steward shall have the right to function in the absence of any designated Steward. The Union shall certify in writing to the City the names of the Stewards in each of the foregoing areas who shall be employed In said area. Stewards shall be permitted during working hours without loss of pay, to investigate, discuss and process grievances in their respective areas; provided the following conditions are met: (1) They first secure the permission of the Supervisor designated by the City for this purpose (such permission shall not be unreasonably denied); (2) The Supervisor shall be notified 24 hours prior to investigating, discussing, and processing grievances on City time (shorter notice may be given in the case of emergencies); and (3) The Union Steward or Representative will report his/her return to work to the immediate Supervisor upon conclusion of the use of time for grievance under this section. Section 4. '0. Grievance Meetinas. Grievance meetings shall be held at mutually agreed to times and places. Where practicable, the parties should schedule such meetings during working hours. Section 4. ". Union ReDresentation. The Union, in accordance with Chapter 447.401, Florida Statues, shall not be required to process grievances for employees who are not members of the Union. The Union will, however, be notified of the filing of all grievances and shall have a right to be present at any scheduled meetings or hearings held pursuant to Section 4.2 (Grievance Procedure). Employees shall be entitled to represent themselves throughout the grievance procedure and arbitration; however, in that event, he/she shall bear the costs which would otherwise have been paid for by the Union. .- AFSCME - 9 ~ ARTICLE V NO STRIKE AND NO lOCKOUT Section 5.'. No Strike. The parties hereby recognize the provisions of Chapter 447, Florida Statutes, which define strikes, prohibit strikes, and establish penalties in the case of a strike and incorporate those statutory provisions herein by reference. The parties further agree that the City shall have the right to discharge or otherwise discipline any employee(s) who engage(s) In any activity defined in Section 447.203(6) of the Florida Statutes. Section 5.2. No lockout. The City will not lockout any employees during the term of this Contract as a result of a labor dispute with the Union. ~ .- AFSCME - 10 ~ ARTICLE VI MANAGEMENT RIGHTS It is recoanized that exceDt as stated herein. it is the riaht of the City to determine unilaterallv the ouroose of each of its constituent agencies. set standards of servjce to be offered to the Dublic. and exercise control and discretion over its oraanization and oDerations. The Union recoanizes the sole and exclusive riGhts. Dowers. and authorities of the City further include but are not limited to the followina: to direct and manaae emDlovees of the Citv: to hire. Dromote. transfer. schedule. assian. and retain emDlovees: to susoend. demote. discharae or take other disciolinarv action aaainst emolovees for iust cause: to relieve emolovees from dutv because of lack of work. funds or other leaitimate reasons: to maintain the efficiencv of its oDerations. includina the riGht to contract and subcontract existina and future work: to determine the duties to be included in iob classifications and the numbers. tvDes. and arades of Dositjons or emDlovees assianed to an oraanizational unit. deDartment or oroiect: to assian overtime and to determine the amount of Gvertime reauired: to control and reaulate the use af all its eauiDment and Drooertv: to establish and reouire emDlovees to observe all aDDlicable rules and reGulations: to conduct Derformance evaluations: and. to determine internal security Dractices: orovjded however. that the exercise of anv of the above riahts shall not conflict with anv of the exDress written Drovisions of this Aareement. The Union. its officers. aaents. and members aaree that thev will not interfere with Manaaement in the Derformance of its duties. The City aarees that. Drior to lavoff of baraainina unit members. it wilt advise the Union. If. in the sole discretion of the Citv. it is determined that civil emeraencv conditions exist. jncludina but not limited to riots. civil disorders. hurricane conditions. or similar catastroohes. the Drovisions of this Aareement mav be susoended bv the Citv Manaaer or his/her desianee durina the time of the declared emeraencv. Drovided that waae rates and monetarv frinae benefits shall not be susDended. Should an emergencv arise. the Union President shall be advised as soon as Dossible of the nature of the emeraencv. Nothina contained in this Aareement shall Drohibit the imDlementation of Dersonnel actions the Citv deems necessarv to comolv with the Americans With Disabilities Act IADAI. .- AFSCME - 11 ~ ARTICLE VII HOURS OF WORK AND OVERTIME Section 7.'. Puroose. This Article is intended to define the normal hours of work and to provide the basis for the calculation and payment of overtime. It shall not be construed as a guarantee of hours of work per day or per week, or of days of work per week. Section 7.2. Normal Workdav. The normal workday shall consist of eight (8) or ten (10) consecutive hours of work, exclusive of the lunch period, in a twenty-four (24) hour period. Prior to any change in the normal workday of a group of employees, the City will discuss the proposed change with the Union. Section 7.3. Normal Workweek. The normal workweek shall consist of forty (40) hours per week. The workweek shall begin with the employee's first regular shift each week. If the workweek is changed, the employee will normally be notified ten (10) days prior to the effective date of change; provided that shorter notice may be given if circumstances do not permit the giving of ten (10) days notice; provided further that it may be changed upon shorter notice upon agreement by the Union. Section 7.4. Weeklv Overtime. For all hours worked in excess of forty (40) hours during an employee's workweek, the City will pay the employee at the applicable overtime rate. Sectjon 7.5. Distribution of Overtime Oooortunitv. Opportunity to work overtime shall be distributed equally as practicable among employees in the same job classification in the same work section and area starting with the most senior employee, provided the employees are qualified to perform the specific overtime work required. Seniority for the purpose of this subsection only shall mean length of continuous service in the division in question. Overtime opportunities shall be accumulated on adequate records (which shall be available to the Union and employees with overtime rosters posted on divisional board and updated monthly) and offered overtime not worked shall be considered as worked in maintaining these records. If any employee establishes that he/she has not received his/her fair share of overtime opportunities, such employee shall have first preference to future overtime work until reasonable balance is recreated. Employees who have been recorded for overtime hours not worked shall not be discriminated against with respect to future overtime opportunities or job assignments. Overtime worked shall be voluntary except in the case of an emergency. Section 7.6. No Pvramidina. Compensation shall not be more than once for the same hours. ~ AFSCME - 12 Section 7.7. Paid leave as Time Worked for Puroose of ComDutina Overtime. A holiday or other paid ~ leave (excluding workers compensation leave) which is observed during an employee's regularly scheduled workweek shall be considered as time worked for the purpose of computing overtime. Section 7.8. Rest Periods. Each employee shall be granted a fifteen (15) minute rest period with pay which will be scheduled whenever practicable approximately midpoint in the first one-half of the employee's regular work shift and in the second one-half of the shift. Section 7.9. Sixth Consecutive Dav of Work. For all hours worked on an employee's sixth consecutive workday within his/her workweek, the City shall pay one and one-half (1-1/2) times the employee's straight time hourly rate of pay, provided the employee has worked his/her full shift on each of the five (5) preceding workdays; provided that annual leave and compensatory leave will not be considered as time worked for the purpose of this section Section 7.' O. Seventh Consecutive Dav of Work. For all hours worked on an employee's seventh consecutive workday within his/her workweek, the City shall pay two (2) times the employee's straight time hourly rate of pay, provided the employee has worked his/her full shift on each of the six (6) preceding workdays; provided that annual leave and compensatory leave will not be considered as time worked for the purpose of this section. This provision shall not be applicable if a substantial number of employees are scheduled to work seven (7) consecutive workdays because of an emergency such as a hurricane. Section 7.". Shift Startina Time. If the scheduled shift starting time of an employee is changed, the employee will normally be notified ten (10) days prior to the effective date of change; provided that shorter notice may be given if circumstances do not perm~ the giving of ten (10) days notice. Section 7.' 2. ReDortina Pav. An employee who reports to work as scheduled will be guaranteed eight (8) hours of work or eight (8) hours of pay at the applicable rate; provided, however, if the employee does not perform the work assigned to him/her (within or below his/her classification) he/she shall not receive any pay for time not worked. Section 7.'3. Call-In and Call-Back Pav. An employee who is called to work outside of his/her normal hours of work will be guaranteed four (4) hours of work or four (4) hours of pay at the applicable rate; provided, however, if the employee does not perform the work assigned in his/her job classification he/she shall not receive any pay for the time not worked. ~" AFSCME - 13 This provision shall not apply to an early call-in or early report which overlaps Into the employee's regular ~ shift. In such case, the early call-in or early report time will be compensated at the employee's regular rate of payor at the rate of time and one-half the regular rate of pay if the total hours worked in the workweek exceed forty. Section 7.' 4. Work Schedule. Work schedule shall normally show the employees' shifts, work days, and hours, and shall be posted when necessary on an appropriate bulletin board. ~ .- AFSCME - 14 ~ ARTICLE VIII WAGES AND FRINGE BENEFITS Section 8.'. Waaes. 11 Effective with the first DavDeriod endina in Mav , 995. there shall be a six Dercent 16%1 across-the-board waae jncrease to all baraaining unit members. ~ Effective with the first oavDeriod endina jn Mav , 996. there shall be a five Dercent 15%1 across-the-board waoe increase to all baraainina unit members. ID. Effective with the first Davoeriod endina in Mav '997. there shall be a five Dercent 15%) across-the-board waae increase to all baraainina unit members. Under the Drevious Agreement dated Mav ,. , 992 throuah Aorjl 30. , 995.. a two-tier pay plan J!!!i! adoDted. and those EmDlovees hired before ADril ,. '993. were hired on Tier A. and all emDlovees hired on or after ADril ,. '993. were hired on Tier B of the pay plan. The Tier B pay rates shall be fifteen percent (15%) lower than the Tier A pay rates for all bargaining unit classifications. If a current bargaining unit employee is on the Tier A pay plan and he/she is promoted to a classified or an unclassified position, then the employee will remain on Tier A of the pay plan. Effective with the ratification of this Aareement. Tjer B of the waae Dlan shall be modified bv addina three (3) steos at the end of the current Tier B oav scale for the baraainina unit to reaain the' 5% reduction resultina from the imDlementation of the two-tier oav olan. Should the Citv Commission adoot the Classification and ComDensation Studv. as recommended bv Hendricks & Associates.lnc.. the consultant's Classification and Comoensation Study shall be effective as of the date of said adoDtion bv the Citv Commission. The imDlementation of the Hendricks Studv will result in baraaining unit Dositions beina re-classified as recommended and in accordance with the Dav ranaes as outlined in the Hendricks & Associates. Inc. Classification and ComDensation ReDort. .~ AFSCME - 15 ,"- It is understood bv the oarties that. effective with the imolementation of the Hendricks Reoort and the re-classification of the baraainina unit oositions. the longevity svstem and the two tier oav olan. currentlv in olace and as orovided for under this Aareement. will cease for all baraainina unit members. All other items of this agreement are as agreed to durina the contract neaotiations between the Darties. Further. if the Citv Commission adoots the Hendricks & Assocjates. Inc.. Classification and Comoensation Studv. the imolementation of such Studv will be orocessed in the sole discretion of the Human Resources Deoartment and the imolementation of the Studv shall not be aooealable or arievable. Section 8.2. Shift Differential. There shall be a shift differential of twenty-five (25) cents per hour for work performed at the City's request on shifts beginning after 3:00 P.M. and at or before 11:00 P.M. There shall be a shift differential of thirty (30) cents per hour for work performed at the City's request on shifts beginning after 11:00 P.M. and before 6:30 A.M. Section 8.3. Holidavs. The following fourteen (14) days shall be considered holidays: New Year's Day, r Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the day following Thanksgiving, Christmas Day, Dr. Martin Luther King's Birthday, three (3) floating holidays, and the Employee's Birthday. Employees shall become eligible for floating holidays and the Birthday Holiday upon completing six (6) months continuous service with the City. Section 8.4. Holidav Pav. Employees shall receive eight (8) hours pay at the employee's regular rate of pay for holidays not worked. An employee who is scheduled to work on a holiday shall receive his/her regular rate of pay for holidays not worked. An employee who is scheduled to work on a holiday shall receive his/her regular rate of pay for all hours worked in addition to his/her holiday pay. An employee who works over eight (8) hours on a day that is observed as a holiday shall receive two (2) times his/her straight time hourly rate of pay for any such hours worked over eight (8). r AFSCME - 16 ,..- Section 8.5. Rate of Pav When Workina Out of Classification. An employee may be required to temporarily work out of his/her classification and shall be paid as follows: (a) When an emolovee. oursuant to a written order from Manaaement. works in an out af classification assianment in a hiaher job classification. the emDlovee shall be oaid an hourlv rate of ninetv 1901 cents in addition to the emolovee's reaular hourlv rate of oav. (b) Anv emolovee who is temoorarilv reauired to work in a lower-oaid classification shall receive his/her reaular hourlv rate of oav for his/her reaular iob classification while workina in the lower iob classification. Temporary to be defined as an employee who is clearly and definitely performing the principal duties in a higher-paying classification for more than one-quarter day. It shall be the duty of the supervisor to report any change in the rates of pay for employees working temporarily out of their classification as herein defined for more than one-quarter day. Employees being trained with on-site supervisory assistance in a bona fide training program for a higher-paying classification will be paid their current rate in their regular classification during such training time. ,~ r AFSCME - 17 ;- Section 8.6. Uniforms. The City will continue to provide employees with uniforms in accordance with existing practice, with the followina exceotions. Those emolovees in the classifications of EauiDment Mechanic and Eouioment Attendant in the Mechanjcal Maintenance Division: Fire Eauioment Mechanic in the Fire Deoartment: and the Park Pest Control Suoervisor in the Parks Division. will be issued six 161 sets of work uniforms with the next uniform issue. Any additional apparel that is required by the City shall be furnished and/or paid for by the City. Uniforms will be issued accordina to the followina schedule: al Deoartment Directors have from October , to October 30 to orovide to the Purchasino Division the uniform sizes needed. bl Purchasina will have from November' to December '5 to work with the vendors. cl The vendors will deliver the uniforms in the month of Januarv of each vear. For the year , 995. the oarties acknowledge that the deliverv of uniforms mav be later than Januarv because of the contract vendors. Section 8.7. Safety Shoes. Emolovees in the followina classifjcations will be reauired to wear safety shoes durina all working hours and a safetv shoe certificate for uo to fifty dollars ($50.001 will be orovided to the emolovee for the ourchase of safety shoes meetina ANS' .Z4' Federal safety standards. Those emolovees in the followina classifications will make his/her safetv shoe selection from a oredetermined list of safetv shoes. which will be develooed bv a Union/Manaaement Committee comorised of two 121 Union reoresentatives and two 121 Management reoresentatives. Eouioment Mechanic: Eauioment Attendant: laborer I & II: Utilitv Worker: HeaVY Eouioment Ooerator I & II: Park Attendant I & II: Park Mechanic: Storekeeoer: Store Clerk: Maintenance Mechanic: Maintenance Worker I & II: Pumoing Mechanic: Assistant Pumoina Mechanic: Water Meter Reader: Water Pioe Fitter: Sewer Pioe Fitter: Diesel Generator Mechanic: Fire Eauioment Mechanic: Waste Collector: Tree Trimmer: Waste Driver Suoervisor: Park Suoervisor: Sewer Suoervisor: Water Suoervisor: Whitewav Suoervisor. EmDlovees receivina the safetv shoe certificate will be reauired to ourchase and wear the safety shoes durin a all workina hours. and will be subiect to uo to the loss of a dav's oav for each dav that the emolovee reoorts to work and fails to wear the reauired safetv shoes. .- AFSCME - 18 Action taken against the emolovee under this Section shall not be aooealable to the Personnel Board .- or grievable under this Aareement. Anv auestions on the jnteroreta'ion of this oaraaraDh shall be reviewed bv the Assistant Citv Manaaer/labor Relations or in his/her absence. bv the Human Resources Director. When. due to extreme wear and tear or accidental destruction. a reolacement Dair of safety shoes js reQuired. the Citv will arant uo to an additional fifty dollar ($50.001 certificate for the ourchase of the reDlacement oair of safetv shoes. This additional fifty dollar 1$50.001 certificate shall only be orovided when the destroved or unreoairable oair of safetv shoes is turned in to the Deoartment. The Deoartment Director. or his/her designee. shall orovide the reolacement oair of safety shoes on the basis of need and not on an automatic basis. Further. the reDlacement of worn heels and/or soles on the safety shoes shall be the resoonsibilitv of the emolovee and not the Citv. Additionallv. it is understood that. on Mav ,. '997. the start of the third vear of the term of this contract. in the event that the ourchase orice of the safetv shoes has increased. then the safety shoe certificate will be increased uo to fiftv-three dollars ($53.001. / The Darties hereto acknowledae that it will take a oeriod of time after the ratification of this Aareement for the Purchasina Deoartment to arranae for a local shoe vendor and to out the shoe certificate orOQram in olace. Manaaement will eXDeditiouslv use its best efforts to imolement the safetv shoe Droaram. Section 8.8. Vacation Benefits. Consistent with applicable ordinances, the vacation benefits presently enjoyed by the employees covered by this Contract shall continue for the term of this Contract. Section 8.9. Votina Time. Where necessary, in order to vote in general elections and primaries held prior thereto, employees covered by this Contract who make a prior request to their immediate supervisor at least twenty-four (24) hours before said election and show their voting registration card (one per election period or produce a receipt for voting afterward in those jurisdictions which provide a receipt), shall be allowed one (1) hour off without loss of pay at the start or end of their shift to vote in State, County, City, or National elections. AFSCME - 19 r- Section 8.10. Meal Allowance. An employee who works three (3) or more contiauous hours of post shift overtime shall, uoon oresentation of a bona fide receiot. dated the dav the overtime was worked. be reimbursed uo to six dollars ($6.00) for the purpose of actuallv purchasing a meal, and as conditions oermit. the emolovee will be allowed time off. without oav. to eat. NOTE: Food brouaht from the emolovee's residence shall not be counted as a meal ourchased. Those emolovees who work the three hours of contiauous oost shift overtjme whose meal exoense is $4.00 or less will not be reouired to oroduce a receiot for the meal allowance reimbursement. In the event of emeraencv conditions. such as the conditions that existed durin a Hurricane Andrew. and emolovees are beina suoolied with a meal while workina the overtime hours. the meal allowance as orovided under this Section shall cease. Section 8.". Jurv and Witness Dutv. The City shall permit employees to keep either payments received from courts of competent jurisdiction for being on jury duty or in the alternative his/her standard rate of pay, plus reimbursement of court parking expenses, upon presentation of a receipt for such expenditure. .- For each dav an emolovee is called to iurv dutv. he/she shall be excused from work for such time as is necessarv to comolete iurv duty service. If three (3) or more hours are left in the emolovee's work shift uoon release from iurv dutv. the emolovee shall immediatelv contract his/her immediate suoervisor for instruction reaarding his/her return to work. An employee subpoenaed as a witness (not a defendant) for a matter which has arisen in the employee's performance of duties, shall be granted temporary leave of duty with pay equal to the difference between the employee's regular rate of pay and any witness fees received. An employee who is a defendant in a matter which has arisen in the employee's performance of duties and who is adjudged not guilty or not liable will be reimbursed for work time lost by reason of time spent in court. Section 8.' 2. Tool Allowance. Employees in the Equipment Mechanic, Fire Eauioment Mechanic. and Park Mechanic job classifications shall receive a tool allowance of Thirty Dollars 1$30.001 per month; employees in the Equipment Attendant job classification who regularly are required to use their own personal tool as part of their job duties, shall receive a tool allowance of Twentv Dollars 1$20.001 per month. r AFSCME - 20 --- , As a condition orecedent to beina eliaible to receive the tool allowance outlined herein. the followina will aoolv: Manaaement will oroduce a detailed list of tools that the tool allowance recioient must have jn his/her on site tool box inventorv. Further. such tool inventorv shall not jnclude tools manufactured bv comoanies that do not offer a 100% tool reolacement warrantv oolicv. exceot for those drill motors or electronic tools that mav have less than a 100% warrantv. In the limited exceotian for electric drill motors or electronic tools. all such electric drjll motors or electronic tools shall be of orofessional. industrial arade. manufactured bv known oualitv vendors. Those emolovees who do not have all the reauired tools on the tool inventorv shall not receive the tool allowance. Should the individual wish to be re-considered for the tool allowance. he/she mav ourchase the missina inventorv tools and then re-aoolv for the tool allowance the followina month. Failure to comolete the tool ourchase within two 12\ months will be cause for the emolovee to be eliminated from consideration for receiot of the aoorooriate tool allowance. Future comoliance with the tool inventorv will allow the emolovees in those classifications as outlined above to be eliaible to receive the aoorooriate tool allowance. - Section 8.13. Bereavement. When there is a death in the immediate family of an employee, Ommediate family shall be defined as father, mother, husband, wife, sister, brother, son, daughter, grandmother, grandfather, grandchild, mother-in-law, father-in-law, stepmother, stepfather, stepson, stepdaughter) the employee shall be allowed ~lWo (2) days off oer death, for the purpose of making arrangements and/or attending the funeral without loss of pay and without charge to accrued sick or vacation days of said employee. In such circumstances, additional time off may be granted at the discretion of the Department Head and shall be chargeable to the accrued sick or vacation leave of such employee. Requests for additional time off shall be submitted in writing to the Department Head. Within twentv-one 121\ calendar davs from the date the emolovee returns from bereavement leave. the emolovee must file a Bereavement leave Reauest Form. as orovided bv the Citv. A coov of the death certificate of the deceased familv member shall be attached to the Bereavement Leave Reauest Form. r- I AFSCME - 21 r- Failure to oroduce the death certificate will result in the emolovee reimbursina the City for anv bereavement leave taken under this Section. Anv emDlovee found to have falselv used bereavement leave will be subiect to dismissal. Section S.14. Pav Periods. Pay day shall normally be every other Friday. In the event such a Friday is a holiday or scheduled day off, the City shall attempt to pay on the preceding day. Section S.1 5. Iniurv Service Connected. An employee who is absent from duty because of injury which the City Manager determines is the direct result of the employee's performance of duties on behalf of the City, shall continue to receive pay during such absence in accordance with applicable City ordinances. Such pay may continue for a period of time not to exceed sixteen (16) weeks unless extended by the City Manager with the approval of the City Commission. Pay during the period of such absence will be computed as follows: ,-- Employees who are entitled to pay because of injury service-connected, will be paid an amount which is equal to the difference between their normal City pay and the amount of compensation payable under the provisions of the Worker's Compensation Law of the State of Florida. A normal day's pay shall be 1/10 of the bi-weekly rate of pay. Sectjon 8.16. Certificates. If an employee is required by law for the performance of his/her work, to obtain a certificate for the spraying of insecticides, or a pumping station operator certificate, or a certificate to handle chlorine, the City shall pay the fee for such certificate. The Labor-Management Committee shall discuss whether higher pay ranges may be appropriate where certificates are required. Section 8.17. Pav for SoravinQ Hazardous Chemicals. Employees who spray hazardous chemicals in the Parks Division shall receive a fifty (50) cents per hour supplement for time spent actually spraying the hazardous chemicals. The definition of "hazardous. shall be consistent with the current definition as of ratification. Section 8.1S. Chanaes in Benefits. The City acknowledges its obligation under state law to notify the Union of any change in a benefit contemplated by the City and permit the Union to bargain over such a change, to the extent that state law requires such bargaining. ,r'"' AFSCME - 22 ~ Section 8.19. Pension. Pensionable Comoensation: Includes all compensation which is presently included for employees who became members before November 1, 1976. Under the orevious Aareement dated Mav 1. 1992 throuah Aoril 30. 1995. for all new hires. new hires beina those emolovees hired on or after Aoril 30. 1993. the comoensation benefits should be based on salarv and lonaevitv onlv. Eliaibilitv for Service Retirement: Age 50 with 5 years of service. - Definition of Deoendent: Child who has not attained the age of 18, or 22 if a full-time student, a dependent child regardless of age who is mentally or physically handicapped, and a dependent parent. Dependents share equally the spouse's share. Amount of Monthlv Service Retirement Benefit: Three percent (3%) of the final average monthly earnings (F.A.M.E.) for each of the first 15 years of creditable service and four percent (4%) of F.A.M.E. for each year in excess of 15 years, provided the benefit is not in excess of ninety percent (90%) of FAM.E. ..- EmDlovee Contributions: Increased from eight percent (8%) to ten percent (10%) of salary on a pre-tax basis, effective as of Aoril 30. 1993 under the orevious Aareement. Under the orevious Aareement. and effective as of ADril 30. 1993. the General Employees' Pension System Ordinance was amended to provide a bifurcated pension plan with all new hires being covered by either the City's new pension plan as outlined in the "Green Report" and discussed in the bargaining process, or by an optional401-A Plan to be adopted with the "Green Report" pension plan. Said newly-hired employees shall make a one-time, mandatory election upon being hired as to which pension option he/she is eligible to select. All administrative costs of the Pension Plan currently funded from the City's General Fund shall be borne by the Pension Plan. r AFSCME - 23 r ARTICLE IX SENIORITY Section 9.1. Definition. For the purposes of this Article only, seniority shall be defined as an employee's length of continuous service with the City (paid time as presently calculated) dating from hiS/her last date of hire. Section 9.2. Lavoffs. When there is a reduction in force in any job classification (including those resulting from a consolidation or elimination), employees will be laid off in the following order, and such lavoffs shall not have the effect of reducinc the Citv's efforts to diversifv the workforce: (a) Employees in the affected classification who have not completed their working test period (probationary period) will be the first reduced. (b) In the event of further reductions in force, employees will be reduced from the classification in accordance with their seniority and their ability to perform the work available. When two or more employees have equal skill, ability and qualifications, the employee(s) with the least seniority will be the first laid off. --- A non-probationary employee reduced from a job-classification under (b) above may be transferred by the City to another position of equal rate, or failing such transfer, he/she may exercise seniority to replace the least senior employee in a lower rated job classification covered by this Contract where the employee has equal skill, ability, and qualifications to perform the work; provided that the replacing employee will be given an opportunity to become familiar with the work, receive basic instruction concerning the work, and orientation on the operation of equipment, if any. Section 9.3. Recalls. When there is a recall, employees on layoff with seniority will be recalled in inverse order to their layoff, provided they are presently qualified to perform the work in the classification to which they are recalled. No new employees shall be hired into a classification from which employees have been laid off and remain on layoff status until such laid off employees are offered recall in accordance with Civil Service Rules. which shall covern for recall DurDoses. Employees shall not be transferred into or assigned to work out of class in a classification from which any employees have been laid off and remain on layoff status, except on a temporary basis not to exceed a total of ninety (90) calendar days in a six-month period. r AFSCME - 24 Section 9.4. Break in Senioritv. Seniority and the employment relationship shall be terminated when a -- non-probationary employee (a) quits voluntarily. (b) is laid off for more than one (1) year, or the employee's length of service, whichever is greater, up to a maximum of two (2) years. (c) is terminated for cause. (d) retires or is retired. (e) fails to return to work at the expiration of any approved leave of absence. (I) fails to report to work within five (5) workdays after date of written notice of recall to work after a layoff given by the City by certified or registered mail and addressed to the employee at his/her last address appearing on the records of the City. It shall be the employee's responsibility to provide the City with his/her current address. (g) an employee absent for a period of three (3) work days without notification of a valid reason to the management of his/her department, and who has no legitimate reason for not notifying the management of his/her department shall be considered as having resigned. --- Section 9.5. Senioritv Lists. Every six (6) months, the City shall post and/or provide for posting on the Bulletin Boards described in Article X, a seniority list showing the continuous service of each employee covered by this Contract and will also provide the Union with a list of new hires and terminations within the bargaining unit during the prior six (6) months. A copy of the seniority list shall be furnished to the Union. The seniority dates and ranklngs shall be deemed correct unless errors are brought to the attention of the City within thirty (30) days following any posting. Section 9.6. Union Officer Continuation of Duties. Except as otherwise provided by law, the following Union officers, for the purpose of determining the order of layoff or transfer in lieu of layoff, shall have top seniority within the bargaining unit: President, Vice-President, Secretary-Treasurer, Recording Secretary and Chief Steward. Section 9.7. Promotions. The term promotion as used in this Contract, means the advancement of an employee to a higher paying classification. Whenever a baroainino unit job opening occurs. other than a temporary opening, In any existing job classification or as the result of the development or establishment of a new job classification, a notice of such opening shall be posted on all bulletin boards for two (2) weeks. .~ AFSCME - 25 During this period, eliaible and oualified employees who wish to apply for the open baroainino unit position -- or job after it has been announced, may do so. The application shall be in writing, and it shall be submitted to the Human Resources Department. If there is more than one (1) employee who is qualified for promotion to a jOb classification in a work section for Which no Civil Service examination Is required by the Personnel Board, seniority shall be the determining factor where two (2) or more employees within the same work section have equal skill, ability, and qualifications. Section 9.8. Demotions. The term demotion, as used in this Contract, means reassignment from a position In a higher classification to a position in a lower classification. Demotions may be made to avoid laying off employees, to provide employees with the opportunity to request changes to lower grades for personal convenience, disclDlinarv reasons. or when an employee is unable to perform satisfactorily the duties of his/her position. Section 9.9. Preference for Out-of-Class Assianments. Employees who have been previously permanently classified with regular status in a higher rated classification and who have been displaced due to a layoff from that classification but remain In the same division, shall have a preference for any out-of- class assignments to that classification for as long as he/she has recall rights to that classification. Section 9.10. Shift Preference. Whenever a vacancy occurs in a job classification which operates on more than one shift in a work area within a division, employees in that classification who have previously filed shift preference forms indicating a desire to work on the shift which has the vacancy, will be considered for reassignment to that shift. If the City grants the shift preference reassignment, it will do so on the basis of seniority, skill, ability and past performance. If skill, ability and past performance among the persons seeking the reassignment is equal, seniority shall govern. In the event that management determines that granting the reassignment would provide unbalanced shifts or result in inexperienced persons or shifts without proper or sufficient supervision, then the shift preference shall not be granted. Shift preference forms will be valid for twelve (12) months from the filing date. Section 9.11. TemDorarv EmDlovees. The City shall have the right to hire up to fifteen (15) temporary employees in any bargaining unit position. Such temporary employees shall be paid at the entry level step of Tier B for the classification they fill. r- AFSCME - 26 Such temporary employees so hired may not exceed one (1) year of continuous employment at anyone -- time. Further, temporary employees may not work in a classification wherein a permanent Civil Service employee is laid off. The City recognizes the integrity of the certified bargaining unit and will not use the temporary appointment for the purpose of eroding the bargaining unit. Temporary employees will not be covered by Civil Service or this Agreement except as specified herein. Temporary employees will not receive any pension or fringe benefits, and they shall serve at the will of the employer. Temporary employees may make application for bargaining unit jobs as permanent vacancies are filled. Any appeals by the Union under this Section shall first be heard by the City Manager or his/her designee for Labor Relations. If no resolution is reached at that level, then the Union may submit the issue to the Public Employees Relations Commission. -- AFSCME - 27 ,-- ARTICLE X GENERAL PROVISIONS Section 10.1. Work Rules. The City will provide the Union with a copy of any written work rules affecting employees covered by this Contract that are instituted or modified during the term of this Contract. The Union will be provided with an opportunity to discuss any change in a work rule, and its impact prior to Implementation of the change. The current work rules will continue to be enforced, however, the Union will be provided with the opportunity to suggest changes or aitematives to the existing rules. Section 10.2. Clean-uD Time. When necessary at the end of the shift, employees shall be allowed up to fifteen (15) minutes clean-up time. Where facilities are provided, they shall be properly supplied. ,-- Section 10.3. Safety. The City agrees to comply with all laws applicable to its operations concerning the health and safety of the employees covered by this Contract. Each employee covered by this Contract will be required to comply with all safety and health rules and regulations established by the City. Each employee shall be given a copy of any written safety rules. In case a claim of an imminent unsafe condition which poses an immediate threat of loss of life or bodily harm, a Union Safety Representative shall be entitled to present such complaints and / or claims to the supervisor of the area in question or to the City Manager's designee. The City shall hold two (2) safety meetings per year in the departments for all employees to further safety on the job. When weather and operational conditions Dermlt. emDlovees mav be Dermitted to ride on the rear of work vehicles Drovided such transDortation is safe and the emDlovees are seated securelv. Manaaement has the riaht to eliminate such transportation if. in the discretion of Manaaement. such seatina and/or transDortation is unsafe. When weather conditions are such that continual. heavv rain. severe liahtnina or heavv wind storms are occurrina in the Immediate work area. the emDlovees will not ride in the back of an open vehicle. Durina continual. heavv rain IdownDour) or severe Iiahtnina storms. emDlovees will take shelter or thev will be directed to other work or tralnina. so as to not be eXDosed to the severe liahtnina or heavv rain storms. Section 10.4. Emeraencv Medical Attention. The City agrees to place first aid kits at various work locations throughout the City. Furthermore, when emergency medical attention is necessary on the job, the City will arrange for expeditious transportation of the employee to a medical treatment facility. r AFSCME - 28 -- Section 10.5. TransDortation of EmDlovees. The City agrees that whenever employees must be transported from an assembly point to a work site, or from one work site to another, during inclement weather, such as rain or cold, the means of transportation will be by an enclosed vehicle, wherever possible. Section 10.6. Transfer. Transfer requested by employees to positions in the same classification or pay range within the City's employ may be affected In accordance with the Personnel Rules. The City shall make reasonable efforts to find suitable work for employees who suffer a physical ailment, injury or disability. Section 10.7. Civic Dutv. Employees reqUired to appear before a court of law or other public body on matters not related to their work, in which they are not personally Involved (as plaintiff or defendant) and employees elected or appointed to any political or legislative position who request a leave of absence to perform their civic duty, shall be granted a leave of absence in accordance with the Personnel Rules. Section 10.8. UnDaid Leaves. Leaves of absence for a limited period, not to exceed six (6) months, may be granted for any reasonable purpose in accordance with the Personnel Rules and such leaves may be extended or renewed at the employee's request and upon agreement by the City. Leaves of absence for up to six (6) months shall be granted to accept appointment to office within the Union or employment within the Union. - I Section 10.9. Neaotiatlon Pav. Up to four (4) members of the Union's Negotiating Committee, during negotiations for a successor collective bargaining agreement, shall be paid for all time spent in negotiations which would otherwise have been time worked by the member of the Negotiating Committee. Negotiating time beyond the normal work hours or beyond an employee's scheduled workday or workweek shall not be considered as time worked for the City. Section 10.10. Contractina and Subcontractino of Public Works. If the City believes that it is necessary to contract out or subcontract work where the direct effect would result in the layoff of employees, the City will meet with the Union prior to making the decision. If a decision is made to contract out or subcontract work, after the Union has had a reasonable opportunity to present alternatives to the contracting or subcontracting proposal and to have those alternatives considered, any reduction in force will be handled insofar as practicable through attrition and / or transfer to other positions. ,- AFSCME - 29 Section 10.11. Sick and Vacation Leave Accrual and Maximum Pavment on Termination. The present -- policy concerning sick leave, including the policy for payment of accrued sick and vacation time combined, up to a maximum of one year's salary, upon termination, retirement, or death, shall continue for all employees hired before October 1, 1978. Effective October 1, 1978, all new employees covered by the agreement shall, under applicable ordinances, rules and regulations: be allowed no accumulation of vacation leave except in accordance with provision for postponement of vacation leave; be permitted to transfer sick leave in excess of 360 hours to vacation leave at the rate of two (2) days of sick leave to one (1) day vacation leave to be used in the pay period year when transferred, be permitted a maximum payment time at termination, death, or retirement of 360 hours vacation leave and one-half of sick leave to a maximum of 360 hours. Section 10.12. Attendance Incentive Proaram. In an effort to curb sick leave usaae and abuse and to encouraae emDlovees to conserve their sick leave. the followlna Droaram will be adoDted on a trial basis for fiscal vear 1996/1997. -- Those emDlovees with a current sick leave balance of 300 hours as of October 1. 1996. will be allowed to Drocess. one time. a Citv provided aDDlication to sell back to the City those sick leave hours in excess of their 300 hour sick leave balance. The hours to be sold back to the Cltv cannot exceed 500 hours in total for the fiscal vear. Such leave to be sold back shall not be counted for the DurDoses of Dension. overtime. or anv other calculation which miaht imDact on waaes and/or Dension. In return for this oDDortunitv. the Human Resources Director will modify the necessary Work Rules and Drovide a Sick Leave/Attendance Proaram. which shall be used to measure attendance and sick leave usaae. The Human Resources Director and one other Manaaement reoresentative will meet with a Committee comDrised of two Union aDPolnted reDresentatives to review the Human Resources Director's Sick Leave/Attendance Prooram. The Committee will issue a reDort within thirtv 1301 calendar davs after the first meetina. which shall be forwarded to the Citv Manaaer for his/her final review and 8PDroval. The Attendance Proaram shall become effective for baroainina unit members upon final review and aDDroval bv the Citv Manaaer. If the trial sick leave buv back proaram is beneficial to the Citv. in Manaaement's sole discretion. the Citv mav offer a second sick leave buv back Droaram effective October 1. 1997. 1'-- AFSCME - 30 Should the Citv offer said second sick leave buv back oDoortunity. Manaoement will so notifv the ,- Union President of this ODDortunitv bv Julv 1. 1997. Section 10.13. Chanoes in Job SDecifications and New Classifications. Changes in existing specifications, or the creation of new classifications shall be submitted for review and comment by the Union President prior to Implementation or submission to the Personnel Board. Section 10.14. ODoortunlty for Advancement. To the extent that funds and personnel are available, the City is committed to facilitating the efforts of employees, through training, to Increase their efficiency, broaden their knowledge, and become more effective in performing their duties in order to enhance their opportunity for promotion. r Section 10.15. Union Conventions. Up to fIVe (5) duly authorized delegates of the Union may request a leave of absence without pay, not to exceed three (3) weeks per delegate In anyone year and no more than two (2) weeks at a time, for the purpose of attending conventions and training seminars of the Union. Requests shall be submitted at least one month prior to commencement of the leave and said requests will not be unreasonably denied. Section 10.16. Educational Leave. An employee may request an educational leave of absence without pay to take a course or courses in a field related to the work assignment or career ladder direction of said employee. The City's existing tuition refund program shall be continued for the term of this Contract. Section 10.17. Meetinos Leave. The Union shall have the right to designate one (1) representative, authorized with pay for time he/she would have otherwise been working, to attend any formal meetings and/or hearings of any sub-divisions of the governing bodies of the City, including City Commission meetings, when a matter relating to the Union is on the agenda for such meeting and if prior notice to the representative's supervisor has been given. r AFSCME - 31 Section 10.18. Union Bulletin Boards. The City will make available one (1) enclosed bulletin board for ~ the posting of official Union notices at each of the following locations, and the Union willUmit the posting of Union notices to such bulletin boards: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) Streets & Sewers - 451 Dade Boulevard Sanitation - 140 MacArthur Causeway Metered Parking - 1837 Bay Road Water Department - 451 Dade Boulevard Mechanical Maintenance - 140 MacArthur Causeway Convention Center - Park Division Shop Maintenance Building, Normandy Shores Golf Course Maintenance Building, Bayshore Golf Course Tenth Street Auditorium Water Pump Station - 25th and Prairie The City will also provide the Union, subject to the same limitations set forth above, one (1) enclosed bulletin board in the Personnel Department. -- AFSCME - 32 ~ ARTICLE XI DRUG AND ALCOHOL TESTING Section 11.1. The City and the Union recognize the employee substance and alcohol abuse has an adverse impact on City government, the Image of City employees, the general heaith, welfare and safety of employees, and to the general public at large. Therefore, it is in the best Interest of the parties to negotiate over the subject of drug and alcohol testing. Section 11.2. Using, selling, possessing or being under the influence of drugs or controlled substances while at work is prohibited. Employees are further prohibited from consuming alcohol and drugs on duty and/or abusing alcohol and drugs off duty to the extent that such use and/or abuse tends to have an effect upon the performance of their job functions. Section 11.3. The City may require any employee to submit to a blood analysis, urine analysis and/or intoxalyzer when it has a reasonable suspicion that an employee Is under the influence of or using alcohol, drugs or narcotics and/or when an employee Is negligently involved in an accident 0&, automobile or other injury). ~ Section 11 .4. In the event a urine specimen is tested as positive, a portion of that sample shall be subjected to a second test. Section 11.5. At the conclusion of the drug and alcohol testing, the City may take whatever action, if any, it deems appropriate. In the event that said action is in the form of discipline, the employee may grieve said discipline through the contractual grievance/arbitration procedure. Section 11 .6. The parties agree that an employee's refusal to submit to drug or alcohol testing In accordance with the provisions of this Article may result In disciplinary action being taken against the employee up to and including dismissal. ~ AFSCME - 33 ~ ARTICLE XII SAVINGS I n the event any article, section, or portion of this Contract should be held invalid and unenforceable by any court or higher authority of competent jurisdiction, such decision shall apply only to the specific article, section, or portion thereof specified in the decision, and upon Issuance of such decision, the City and the Union agree to Immediately negotiate a substitute for the Invalidated article, section, or portion thereof. ,-- ,-- AFSCME - 34 ARTICLE XIII ENTIRE CONTRACT The parties acknowledge that during the negotiations which resuited in this Contract, each had the right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Contract. Therefore, the City and the Union, for the duration of this Contract, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to, or covered or not referred to or covered in this Contract. ~ AFSCME - 35 ~ ARTICLE XIV TERM OF CONTRACT This Contract shall be effective as of date of ratification, and shall remain in full force and effect through the 30th day of April, 1998. It shall automatically be renewed from year to year thereafter unless either party shall notify the other In writing one hundred twenty (120) days prior to the anniversary date that it desires to modify this Contract. Any such notification of a desire to open negotiations shall include specific articles proposed for renegotiations, and only such articles shall be mandatorily negotiated. This Contract shall remain in full force and effect during the period of negotiations, unless either party gives the other party at least ten (10) days written notice of its desire to terminate this Contract. :Ig a:AFS/95CTR AFSCME95.CTR - AFSCME - 36 AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES AFSCME LOCAL 1554 ELECTION OF REMEDY FORM Grievance No. (if applicable) This form must be completed and signed prior to the second step of the grievance procedure, or at the time when appeal to Personnel Board is filed. Employee must elect, sign, and date only one of the two following choices: I/We elect to utilize the Grievance Procedure contained in the current Contract between the City of Miami Beach, Florida, and AFSCME Local 1554. 1. Signature Date I/We elect to utilize another forum for my/our grievance, and in doing so, I/we permanently waive my/our contractual right to the Grievance Procedure contained in the current Labor Contract between the City of Miami Beach, Florida, and AFSCME Local 1554. 2. Signature Date If Number 1 is elected, sign if you wish to authorize the following: I/We hereby authorize AFSCME Local 1554 to process the attached grievance on my/our behalf. Date Signature ,-- AFSCME - 37 . Executed by the parties hereto on the and City Clerk. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 1554 By: Willie Kirby AFSCME President ~- Attest: City Clerk ~ day of 19 , by the Mayor CITY OF MIAMI BEACH, FLORIDA By: Roger M. Carlton City Manager Approved by Vote of the City Commission , 1995 AFSCME - 38 Mayor