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016-1993 DM '. CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY OF MIAMI"" BEACH OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673.7010 FAX: (305) 673.7782 DEPARTMENT MEMORANDUM NO. 16-1993 FROM: All Department Directors and Division Heads Roger M. Carlt~' "f) I City Manager ~ DATE: May 5, 1993 TO: SUBJECT: AFSCME LOCAL 1554/LABOR CONTRACT ,-. Attached is a copy of the recently negotiated labor contract between the City of Miami Beach, Florida and the American Federation of State, County, and Municipal Employees, Local 1554 (AFSCME) union. Mr. Dean Mielke, Assistant City Manager, will be contacting you in the near future to arrange a meeting to review the terms and conditions of the contract with the supeNisory staff members within your department/divisions. In the interim, if you should have any questions regarding the AFSCME contract, please feel free to contact Mr. Mielke at 673-7010. RMC:lg Attachment a.'DEFT MEMO-LTCJI92 AFSCME.C1B cc: Eddie Cox, Senior Assistant City Manager Dean R. Mielke, Assistant City Manager Mayra Diaz-Buttacavoli, Assistant City Manager Joe Pinon, Executive Assistant to the City Manager Willie Kirby, AFSCME President r- ,-. TABLE OF CONTENTS eAI& CONTRACT 1 WITNESSETH 1 ARTICLE I RECOGNITION 2 Section 1.1 Representation 2 Section 1.2 Bargaining Unit 2 Section 1.3 Rights of Individuals 3 ARTICLE /I DEDUCTION OF UNION DUES 5 Section 2.1 Checkoff 5 Section 2.2 Indemnification 5 ART/CLE 11/ EQUAL EMPLOYMENT OPPORTUNITY 6 r- Section 3.1 No Discrimination 6 Section 3.2 Affirmative Action 6 Section 3.3 Examinations 6 ARTICLE IV GRIEVANCE PROCEDURE 7 Section 4.1 Definition of Grievance & Time Limit for Filing 7 Section 4.2 Grievance Procedure 7 Section 4.3 Binding Arbitration 8 Section 4.4 Authority of Arbitrator 8 Section 4.5 Expenses of Arbitration 8 Section 4.6 Differences Concerning Personnel Rules 9 Section 4.7 Election of Remedies 9 Section 4.8 Grievances Invoiving Discipline 9 Section 4.9 Union Stewards 10 Section 4.10 Grievance Meetings 10 Section 4.11 Union Representation 10 ART/CLE V NO STRIKE OR LOCKOUT 11 Section 5.1 No Strike 11 Section 5.2 No Lockout 11 l"'- i "' TABLE OF CONTENTS ~ ARTICLE VI MANAGEMENT RIGHTS 12 ARTICLE VII HOURS OF WORK AND OVERTIME 13 . Section 7. 1 Purpose 13 Section 7.2 Normal Workday 13 Section 7.3 Normal Workweek 13 Section 7.4 Weekly Overtime 13 Section 7.5 Distribution of Overtime Opportunity 13 Section 7.6 No Pyramiding 13 Section 7.7 Paid Leave as Time Worked for the Purpose of Computing Overtime 14 Section 7.8 Rest Periods 14 Section 7.9 Sixth Consecutive Day of Work 14 Section 7.10 Seventh Consecutive Day of Work 14 Section 7.11 Shift Starting Time 14 Section 7. 12 Reporting Pay 14 Section 7.13 Call-In and Call-Back Pay 14 Section 7. 14 Sanitation Department Work Schedule 15 Section 7.15 Work Schedule 15 -. ARTICLE VII WAGES AND FRINGE BENEFITS 16 Section 8. 1 Wages 76 Section 8.2 Shift Differential 76 Section 8.3 Holidays 76 Section 8.4 Holiday Pay 77 Section 8.5 Rate of Pay When Working Out of Classification 17 Section 8.6 Uniforms 17 Section 8.7 Vacation Benefits 77 Section 8.8 Voting Time 17 Section 8.9 Meal Allowance 18 Section 8. 70 Jury and Witness Duty 18 Section 8. 77 Tool Allowance 18 Section 8.72 Bereavement 18 Section 8.73 Pay Periods 79 Section 8.74 Injury Service Connected 79 Section 8.75 Certificates 19 Section 8.76 Pay for Spraying Hazardous Chemicals 19 Section 8. 77 Changes in Benefits 79 Section 8.78 Pension 20 -. Ii r- TABLE OF CONTENTS W2E. ARTICLE IX SENIORITY 22 Section 9.1 Definition 22 Section 9.2 Layoffs 22 Section 9.3 Recalls 23 Section 9.4 Break in Seniority 23 Section 9.5 Seniority Lists 24 Section 9.6 Union Officer Continuation of Duties 24 Section 9.7 Promotions 24 Section 9.8 Demotions 24 Section 9.9 Preference for Out of Class Assignments 24 Section 9.10 Shift Preference 25 Section 9.11 Temporary Employees 25 ARTICLE X GENERAL PROVISIONS 26 Section 10. 1 Work Rules 26 Section 10.2 Clean-up Time 26 Section 10.3 Joint Committee 26 Section 10.4 Safety 26 Section 10.5 Emergency Medical Attention 26 Section 10.6 Transponation of Employees 27 ,-- Section 10.7 Transfer 27 Section 10.8 Civic Duty 27 Section 10.9 Unpaid Leaves 27 Section 10.10 Negotiation Pay 27 Section 10.11 Contracting & Subcontracting of Public Works 27 Section 10.12 Sick & Vacation Leave Accrual & Maximum Payment on Termination 28 Section 10. 13 Changes in Job Specifications & New Classifications 28 Section 10.14 Opportunity for Advancement 28 Section 10.15 Union Conventions 28 Section 10.16 Educational Leave 28 Section 10. 17 Meetings Leave 29 Section 10.18 Union Bulletin Boards 29 ARTICLE XI DRUG AND ALCOHOL TESTING 30 ARTICLE XII SA VINGS 31 ARTICLE XIII ENTIRE CONTRACT 32 ARTICLE XIV TERM OF CONTRACT 33 ELECTION OF REMEDY FORM 34 MEMORANDUM OF UNDERSTANDING 35 ,- EXECUTION 36 iii CONTRACT THIS CONTRACT, made and entered into this :l1.t1. day of ~ 1993, 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'). WITNESSETH: 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: 1 " , '-, -., -. ,..- ARTICLE I RECOGNmON Section 1. 1. ReDresentetion. Pursuant to and in accordance with all applicable provisions of Chapter 447, Part /I 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. Barosinino 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 a/l classifications listed below: /""" Assistant Pumping Mechanic Building Attendant Community Center Director Controi Room Operator Custod~/Superv~or Custodial Worker Equipment Attendant Equipment MeChanic Fire Equipment Mechanic Guard Heavy Equipment Operator I and II Laborer I and /I Maintenance Mechanic Maintenance Worker I, II, 1/1, and IV Nursery Supervisor Park Attendant I and /I Park Mechanic Park Supervisor I Police Utility Worker Pumping Mechanic Recreation Attendant Recreation Director Recreation Guard f and /I Recreation Operations Mechanic Sewer Pipefitter Sewer Supervisor Shop Clerk Stable Worker Storekeeper Stores Clerk Street Supervisor I Tree Maintenance Supervisor Tree Trimmer UtIlity Worker Waste Collector Waste Driver Supervisor Water Meter Reader Water Meter Technicilln Water Pipefitter Water Supervisor Welder Welder Supervisor Whiteway Supervisor I I""' 2 -,", Section 1.3. Riohts of Individue/s. (a) A union member shall be entitled to Union representation In accordance with the provisions of this Contract at each and eveI}' step of the grievance procedure set forth In this Contract. (b) Either Party has the right to have an attomey present at step four (4) of the grievance procedure, provided that sufficient notices Is given to the other party so that said other party may likewise have an attorney present if It so desires. (c) 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. (d) 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. """"" (e) During an entrance Interview, no prospective new employee who would be covered by this Agreement shall be questioned concerning his feelings, pro or con, toward the Union. (f) Upon reasonable request, an employee or his Union representative designated In writing shall have the right to review his personnel file maintained by the Personnel Department (or by the Division) In the presence of an appropriate representative of the Personnel Department or Division Management. Employees shall be provided with a copy of any documents placed in his personnel file which adversely reflect on an employee's work performance. If requested by the employees, his supervisor wiii discuss the documents with him. The employee shall be allowed to place in his personnel file a response of reasonable length to anything contained therein which the employee deems to be adverse. '""' 3 ,"-' 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 has taken. (g) Nothing contained in this Contract shall abridge the rights of individual employees or the employer under Florida law. --- ,,- 4 ~ ARTICLE /I DEDUCTION OF UNION DUES Section 2. 7. 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 bl-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 notlly 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 sbtty 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. ~ '""1 5 ,..... ARTICLE /If EQUAL EMPLOYMENT OPPORTUNITY Section 3. 7. 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 po/ltlcal be/lefs. 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. 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. EXBmlnatlons. 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 compiaints concerning examinations may be brought to the Personnel Director. ,.-. 6 ARTICLE IV GRIEVANCE PROCEDURE ....., Section 4. 7. Definition of Grievance and Time Limit for Fitina. A grievance is a dispute involving the interpretation and app/lcatlon 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 7: STEP 2: STEP 3: Any employee who has a grievance (or a steward on the employee's behalf) shall submit It to the supervisor designated for this purpose by the City, and If the employee wishes he shall be accompanied by his Union Steward. II 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 Division Head within three (3) working days after the designated supervisor's answer in Step " and shall be signed by the employee and/or the Union Steward. The Division Head, or his 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 Division Head or his Representative, shall give the City's written answer to the Union within three (3) working days following their meeting. If the grievance Is not settled In Step 2 and the employee wishes to appeal the grievance to Step 3 of the Grievance Procedure, It shall be referred in writing to the Department Head within three (3) working days after the Division Head's answer in Step 2 and shall be signed by the employee and/or the Union Steward. The Department Head, or his 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 Representative, shall give the City's written answer to the Union within three (3) working days following their meeting. 7 - STEP 4: If the grievance is not settled In Step 3 and the Union and/or the employee desire to appeal, the Union President or his designated Represenratlva and/or the employee shall appeal In writing to the City Manager within three (3) working days after the designated Department Head's answer In Step 3. A meeting between the City Manager, or his 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 Representative, shall give the City's written answer to the Union and the employee within five (5) working days following the meeting. 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. Bindino Arbitration. If the grievance Is not resolved In Step 4 of the grievance procedure, the Union, on behalf of the employee(s) who filed the grievance, or the employee(s) himself (themsefves), may refer the grievance to binding arbitration within five (5) working days after receipt of the City's answer In Step 4. 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 selection within five (5) working days by a joint letter from the parties requesting that he advise the parties of his 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 shall consider and decide only the specific issue submitted to him in writing by the parties, and shall have no authority to make a decision on any other issue not so submitted to him. The arbitrator shall submit in writing his 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 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. ,-. 8 Section 4. 6. Differences Concernino Personnel Rules. A dIfference of opinion with respect to the meaning or application of Personnel Rules which directly alfect wages, hours or working conditions may be submitted by the employee or the Union President or designee to the City Manager or his Representative within ten (10) days after the occurrence of the event giving rise to the difference of opinion. -- The Personnel Director, or his Representative, and the City Manager, or his 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 right to appeal to the Personnel Board under the statutory procedures governing such appeals. Section 4. 7. Election 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 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 Involvlna Disclollne. Discipline shall only be for just cause and shall Include oral reprimand (excluding informal counseling), written reprimand, suspension or dismissal. Any employee who has completed 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 within four (4) working days of the imposition of the discipline. The Department Head, or his Representative, and the City Manager or his 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 may have to appeal to the Personnel Board under Its procedures, rules and regulations, or may elect to take his or her grievance to arbitration, 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, ~ 9 - Section 4.9. Union Stewards. Union Stewards shall be designated by the Union. The Union shall be entitled to 15 Stewards distributed as follows: Sanitation Parks Mechanical Maintenance Water/Sewer Streets and Streetlights Property Maintenance Recreation and Cultural Alfairs and Bass Museum Parking Department Chief Steward 3 2!:j 2!:j 2 1 1 2 1 1 !:j 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 hlsjher return to work to the immediate Supervisor upon conclusion of the use of time for grievance under this section. Section 4. 70. Grievsnce Meetinos. 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. 11. Union Reoresentatlon. 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. !""- 10 ~ ARTICLE V NO STRIKE AND NO LOCKOUT Section 5. 7. 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. ---. """'" 11 ,'-' ARTICLE VI MANAGEMENT RIGHTS It is recognized that, except es stated herein, the City shall retain whatever rights and euthorlty are necessary for It to operate and direct the affairs of the City and its various departments in elf of Its various aspects, Including, but not limited to, the right to direct the working forces; to plan, direct, and control all the operations and services of the various departments; to determine the methods, means, organization and personnel by which such operations and services are to be conducted; to assIgn and transfer employees; to schedule the working hours; to hire and promote; to demote, suspend, discipline or discharge for just cau,se, or relieve employees due to lack of work or for other legitimate reasons; to make and enforce reasonable rules and regulations; to change or eliminate existing methods, equipment, or facilities; provided, however, that the exercise of any of the above rights shalf not conflict with any of the express written provisions of this Contract, and that a grievance may be filed. r ..- 12 . ' ARTICLE VII HOURS OF WORK AND OVERTIME Section 7. 7. PurDose. This Article is Intended to define the normal hours of work and to provide the besls 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 she/I 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 she/I 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. --, Section 7.5. Distribution of Overtime ODDortunltv.. 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 has not received his 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 Pvramidlna. Compensation shall not be more than once for the same hours. 13 . , - Section 7.7. Paid Leave as Time Worked for Puroose of Camoutino Overtimll. A holiday or other paid . leave (excluding workers compensation leave) which Is observed during an employee's regularty 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 apprOlCimately mldpofnt 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 Oav of Work. For all hours worked on an employee's sixth consecutive workday within his workweek, the City shall pay one and one-haff (1-1/2) times the employee's straight time hourly rate of pay, provided the employee has worked hisjher 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 7.70: Seventh Consecutive Dav of Work. For all hours worked on an employee's seventh consecutive workday within his workweek, the City shall pay two (2) times the employee's straight time hourly rate of pay, provided the employee has worked hisjher 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. 77. Shift Start/no 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 permit the giving of ten (10) days notice. Section 7. 12. Reoortino 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 (within or below his classification) he shall not receive any pay for time not worked. Section 7. 73. Call-In and Call-Back Pav. An employee who is called to work outside of his 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 job classification he shall not receive any pay for the time not worked, .- . 14 , ' ~ 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 7.74. Sanitation DeDartment WD,k Schedule. Effective upon Commission ratification of this Contract, the City may eliminate tha Sanitation Department four-ten hour days Incentive program upon ten days notice to the affected employees and the union. Employees permanently assigned to the 'incentive' program for the majority of their work hours during the threa months prior to the effective date of the elimination of the incentive program shall receiva a one-time lump sum payment of 2% of the employee's annualized hourly base salary. Section 7. 75. 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. --- 15 -- ARTICLE VI/I WAGES AND FRfNGE BENEFITS Section 8. 7. Waoes. The City agrees to increase the current bergalnlng unit wages rates in accordance with the following schedule. Effective to the nearest payperiod upon signing of this Agreement, the following increases will become effective: 1) A two percent (2%) wage increase to all bergaining unit members after the signing of the contract. 2) A two percent (2%) wage increase to all bargaining unit members effective as of May 1, 1994. Upon the signing of the Agreement, there shall be adopted a two-tier pay plan, and current employees are on Tier A After the signing of this Agreement, all new employees shall be hired on Tier B of the pay plan, and 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. r- Section 8.2. Shift Differentiaf. There shall be a shift differential of twenty (20) 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 twenty-five (25) cents per hour for work performed at the City's request on shifts beginning after 11:00 P.M. and before 6:30 AM. Section 8.3. Holldavs. The following fourteen (14) days shall be considered holidays: New Year's Day, 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. ,,- 16 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 regular rate of pay for holidays not worked. An employee who is scheduled to work on a holiday shall receive his regular rate of pay for all hours worked in addition to his holiday pay. An employee who works over eight (8) hours on a day that is observed as a holiday shall receive lWO (2) times hIs straight time hourly rate of pay for any such hours worked over eight (8). ......, Section 8.5. Rate of Pav When Worklno Out of ClassHication. An employee may be required to temporarily work out of his classification and shall be paid as follows: (a) If he is temporarily working in a lower-paid classification, he "Shall receive his hourly rate in his regular classification. (b) If he Is temporarily working in a higher paying classification, he shall be paid an hourly rate of sixty-five (65) cents per hour In addition to the regular rate of pay. 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. Section 8.6. Uniforms. The City will continue to provide employees with uniforms In accordance with existing practice" Any additional apparel that is required by the City shall be furnished andlor paid for by the City. Section 8. 7. Vacation 8eneflts. 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 8.8. 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, ......, 17 , , r- Section 8.9. Meal Affowance. An employee who works threa (3) hours or more of post shift overtime shall be paid six ,dollars ($6.00) for the purpose of purchasing a meal, and time olf without pay to eat as conditions will permit. Section 8. 70. Jurvand Witnsss Dutv. The City shall permit employees to keep either payments f8Cefvad from courts of competent jurisdiction for being on jury duty or in the altemative hlsjher standard rate of pay, plus reimbursement of court parking expenses upon presentation of a receipt for such expenditure. An employee subpoenaed as a witness (not a defend t) for a matter which has arisen In the employee's performance of duties, shall be granted temporary lea e of duty with pay equal-to the difference between the employee's regular rate of pay and any witness fe s recefvad. An employee who is a defendant In a matter which has risen in the employee's performance of duties and who is adjudged not guilty or not liable will be relmb rsed for work time lost by reason of time spent in court. ~ Section 8.77. Tool Affowance. Employees in the uipment Mechanic job classification shaff receive a tool allowance of Twenty and NO/100 ($20.00) Doll s per month; employees in the Park Mechanic jOb classification who regularly are required to use their own personal tool as part of their job duties, shall receive a tool allowance of Twelve and 50/100 ($12. 0) Dollars per month; employees in the Equipment Attendant classification who regularly are required to e their own personal tool as part of their job duties, shall receive a tool allowance of Ten and NO/100 $10.00) Dollars per month; and Water and Sewer Mechanics may be required to provide their own pers nal tools as part of their job duties and shall receive a tool allowance of Seven and 50/100 ($7.50) Dollar per month, when so required. Section 8. 7 2. Bereavement. When there is a death in the immediate family of an employee, (immediate 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 two (2) days off per ye r for the purpose of making arrangements and/or attending the funeral without loss of pay and witho t charge to accrued sick or vacation days of said employee, In such circumstances, additional time 0 may be granted at the discretion of the Department Head and shall be chargeable to the accrued sick r vacation leave of such employee_ Requests for additional time off shall be submitted in writing to th Department Head. - 1 ......, Section 8. 73. 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 8. 74. lniurv 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 dilference 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 bl-weekly rate of pay. Section 8. 75. Certificates. If an employee Is required by law tor the performance of his or 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. 76. Pav for Soravino HlIZardous 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. 77. Chanoes in Benefits. The City acknowledges Its obligation under state law to notify the Union 01 any change in a benelit contemplated by the City and permit the Union to bargain over such a change, to the extent that state law requires such bargaining. ---- 19 , . r- Section 8. 78. Pension. Elfective Date: October " 1990. Those who retire between October " 1989 and October " 1990, will advance to the new benefits on October " 1990. Plan Consolidation: All members will have the same benefits as those hired before November " 1976. The distinction between those hired before November " 1976, and those hired after November " 1976, will be eliminated, Pensionable Comoensation: Includes all compensation which Is presently included for employees who became members before November " 1976. 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 (FAM.E.) for each of the first 15 years of creditable service and four percent (4%) of FAM.E. for each year in excess of 15 years, provided the benefit is not in excess of ninety percent (90%) of FAM.E. Emolovee Contributions' Increased from eight percent (8%) to ten percent (10%) of salary on a pre-laX basis, effective upon the signing of this Agreement. Effective with the ratification of this Agreement, the City will modify the General Employees' Pension System Ordinance 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 optional 401-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. ,-. 20 ....... Upon ratification of this Agreement, the City shall submit to the City Commission the ordinances necessary to implement a retirement incentive as follows: Eligible, vested members electing to retire shall have the option of choosing either two (2) years of service or two (2) years of age to be credited towards hisjher retirement. Each person electing to utilize the one-time retirement Incentive shall be given a fact sheet explaining the choices, and a waiver sheet to sign to elect the retirement incentive. The window period for this retirement incentive elective shall commence ten (10) days follOWing the enabling ordinance amendment and shall continue for a period of siXty (60) days. .-. - 21 ,..... ARTICLE IX SENIORITY Section 9. 7. 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 last date of hire, Section 9.2. Levoffs. 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: (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 faiiing 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. (c) For the term of this Agreement, there shall be no bargaining unit position iayoffs except for disciplinary suspenSions or terminations, which are not included for the purposes of no iayoffs, ,,- 22 ""' 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 olf and remain on layoff status until such laid olf emplOyees are offered recall. 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. Section 9.4. Break in Senloritv. Seniority and the employment relationship shall be terminated when II 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 five (5) 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. (f) 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 last address appearing on the records of the City. It shall be the employee's responsibility to provide the City with his current address. (g) An employee absent for a period of three (3) work days without notification of a valid reason to the management of hisjher department, and who has no ligirimate reason for not notifying the management of his/her depanment shall be considered as having resigned. "" 23 . , ,,- Section 9.5. Senioritv Lists. Every three (3) 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 three (3) 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 olficers, 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- Treas.urer, 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 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. During this period, employees who wish to apply for the open position or job after it has been announced, may do so. The application shall be in writing, and it shall be submitted to the Personnel 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 or when an employee is unable to perform satisfactorily the duties of his position. Section 9.9. Preference for Out-of-Class Assionments. 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. ,,- 24 -, Section 9. 70. 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 9.17. Temoorarv Emolovees. 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 ciassification they fill. 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 olf. The City recognizes the integrity of the certified bargaining unit and will not use the tamporary 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 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. ~ 25 . , r- ARTICLE X GENERAL PROVISIONS Section 70.7. 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 alternatives to the existing rules. Section 70.2. 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 7 O. 3. Joint Committee. There shall be a Committee composed of three (3) persons appointed by the City Manager and three (3) persons appointed by the Union for the purpose of attending to human relations matters, safety and health matters, and labor/management matters. The Committee shall meet monthly or at other mutually agreeable times and places for the purpose of discussing any matter relating to the subject set forth above. ,- Section 70.4. Safe tv. 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. The Joint Committee provided for In Section 10.3 may consider safety complaints including claims of unsafe equipment, procedures or methods, lost time accidents, and safety programs and policies then in effect or subsequently instituted by the City. 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. Section 70.5. Emeroencv 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 26 ~ Section 70.6. Transoonation of Emolovees. 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 70.7. Transfer. Transfer requested by employees to positions in the same classification or pay range within the City's employ may be alfected in accordance with the Personnel Rules. The City shall make reasonable efforts to find suitable work for employees who suffer a physical aliment, injury or disability. Section 70.8. 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 70.9. Unoaid 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. ~ Section 70.70. Neootiation 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 70. 77. Contractlno 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. -." 27 . . ,- Section 70.72. Sick and Vacation Leave Accrual and Maximum Pavment on T"""inatlon. The present policy concerning sick leave, including the polley 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 " 1978. Effective October " 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 mfl)(/mum 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 70.73. Chanoes in Job SDeciflcations and New Classifications. Changes In existing specifications, or the creation of new classifications shall be submitted for review and comment by the Labor Management Committee prior to implementation or submission to the Personnel Board. r- Section 10.74. ODoortunitv for Advancement. To the extent that funds and personnel are available, the City is committed to facilitating the elforts 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. Section 70.75. 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 70.76. Educationa'Leave. An employee may request an educational leave of absence without pay to take a course or courses in a lield 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. r- 28 - Section 70.77. Meet/nos Leave. The Union shall have the right to designate one (1) representativa, authorized with pay for time he would have otherwise been working, to attend any formal meetings and/or hearings of any sub-divislons 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. Section 70.78. 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 will limit 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 - 120 MacArthur Causeway Metered Parking - 1837 Bay Road Water Department - 451 Dade Boulevard Mechanical Maintenance - 120 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. ..... 29 r- , ARTICLE XI DRUG AND ALCOHOL TESTING Section 77. 7. 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 health, 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 7 7.2. 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 77.3. 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 (I&. automobile or other Injury). r- Section 77.4. In the event a urine specimen Is tested as positive, a portion of that sample shall be subjected to a second test. Section 77.5. 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 77.6. 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. ,- 30 - ARTICLE XII SA VINGS In the event any article, section, or portion of this Contract should be held Invaf/d 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. -.. - 31 , . ,.- ARTlr.I /< XIII ENTIRE CONTRACT The parties acknowledge that during the negotiations which resulted In this Contract, each had the right and opportunily 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 ere 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. --- - 32 ....... ARTINI< 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 Aprl/, 1995. 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 mandetorl/y 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. - DRM:/g a:AFSCTR1/91 AFSCME91.REV 33 , ,..... 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 2Wl 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 lour grievance, and in doing so, I/we permanently waive my lour 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. Signature Date DRM:lg DRM:W0RK2/92 AFSCME.E.RMD ,...... 34 MEMORANDUM OF UNDERSTANDING Between CITY OF MIAMI BEACH /iliff AFSCME LOCAL 1554 Upon ratification of this Agreement, the job classfflcalion of Tree Maintenance Worker will be abolished. The duties of the Tree Maintenance Worker will be included within the duties of the classification of Tree Trimmer. If any, the current, permanent, classified employees holding the classification of Tree Maintenance Worker will be reclassified to the classHication of Tree Trimmer. on a step-by-step basis. Further, with the ratification of the current labor agreement, the parties recognize that coordination Is needed for the ordering of work uniforms for the appropriate eligible individuals In the bergalning unit. Therefore, the parties hereto agree that the AFSCME Union President, the Senevo/ent Union President, Senior Assistant City Manager Eddie Cox, Assistant City Manager Dean R. Mielke, and a representative from the Purchasing staff will meet and develop a schedule for the issuance of the work uniforms. The items that need to be addressed are 1) when the employees will turn in their sizes and the cut-off dates for submitting sizes; 2) dates when Purchasing will receive the finalized list from the departments; 3) timeframe within which Purchasing staff will develop and send out the appropriate bid to eligible vendors that supply the uniforms; and, 4) the anticipated date that the uniforms will be delivered to the City and distributed. 35 , . - -. ~ . . r Executed by the parties hereto on the 23 ,ti day of -.fj pn I 1993, by the Mayor and City Clerk. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 1554 By / '2 /?!~>r L / " /':; v c/d-/Aj ~""0"^-, ~ ~,~-~ c:.;72A'~'~~- ~ (::1's..-.~ c~-<-- ~ CITY OF MIAMI BEACH, FLORIDA By~- Attest1G~.,J. t.. "8"...~ City Clerk , 1993 FeR APPROVED LEGAL DEPT. -Co!> B, - Date l/ - 2..- "1:!. r 36 . . , 'RESOLUTION NO. 93-20753 -- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH APPROVING THE THREE YEAR LABOR AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL 1554, FOR THE PERIOD MAY 1, 1992 TO APRIL 30, 1995 WHBREAS, the City Manager has submitted for consideration by the Mayor and city Commission of the City of Miami Beach, a Labor Agreement by and between the City of Miami Beach and the Miami American Federation of state County and Municipal Employees, Local 1554, the bargaining agent certified by the Public Employees Relations Commission for employees covered by said agreement; and WHEREAS, such Labor Agreement for the period May 1, 1992 to April 30, 1995, is attached herein as "Attachment A"; and WHERBAS, the previous Labor Agreement was for the three year period May 1, 1988 to April 30, 1992: and WHEREAS, the City Manager has recommended that the City . commission approved said labor agreement: and WHBREAS, the City commission is familiar with the terms of the Labor Agreement and finds and determines that the entry into and the execution thereof for and in the name of the City of Miami - Beach is in the best interest of the City of Miami Beacfi'~nd its residents. NOW, THBREFORE, BB IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the aforesaid Labor Agreement be and is hereby approved in accordance with and subject to the provisions of Chapter 447, Part II, Florida Statute, in the name of and on behalf of the City of Miami Beach, and that the financial officers of the City be and are hereby directed to make the disbursements called for by said Agreement from funds of the City available for such purposes and upon ratification by both parties. PASSED and ADOPTED this 8th day of 19l1. ATTEST: - , ,-; , /)} fl, Yi'!?] '":" J:7 . Uf ' ,-ty FORM APPROVED: .... fI '.';//fI''!({. f City Clerk ::-c'" 1-2-~ City Attorney - , c<'TY HALL 1700 CONVENTION CENTER DRlVE MIAMI BEACH FLORIDA 33' 39 OFFICE Of THE CITY MANAGER ,-. COMMISSION MEMORANDUM NO. ~ nLEPHONE; I:IOSI '''''OlD FAl(; l:IOIl 17:1-"12 DATE: April 8, lt93 TO; Mayor Seymour GtIbIr Md Membn llIlhe CIty CommlotIon FROM: Roger M. CIty SUBJECT: A RESOLUTION APPROVING THE lABOR AGREEMENT BETWEEN THE CIlY OF MIAMI BEACH AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, (AFSCME LOCAL 1114) FOR THE THREE (3) YEAR PERIOD FROM MAY I, I" TO APRIL 30, I". UCOIlllliIlDJ.'r:EOIl I The Admini.tration recommend. that the City Commi..ion adopt the attach.d R..olution which approves the r.comm.nded Labor Agr.em.nt with the Am.rican r.d.ration of Stata, County and Municipal Employ..s (ArSCKE Local 1554) for the thr.e (3) y.ar p.riod May 1, 1992 to April 30, 1995. UCItClROlJIIDI ,-- The Am.iican Fed.ration of state, County, and Municipal Employ... (AFSCKE Local 1554) i. an .mploy.e labor a..ociation which r.pr.s.nt. approximat.ly 250 of the City'. .mploy.... The pr.viou. Labor Agr..m.nt wa. for a thr.e (3) y.ar p.riod .nding April 30, 1992. .ROPOBID AClUIllllllft I The propo..d Labor Agr..m.nt b.tw..n the City of Miami Beach and AFSCME Local 1554 wa. achieved after rapid and int.n.e n.gotiation.. Although the parti.. on .ach .id. of the bargaining table n.gotiat.d in th.ir own b..t int.re.ts, the prim. concern for both wa. r.turning the City'. financial h.alth and pr...rving the status and jobs of .xisting .mploye.s. Th.se se.mingly opposing obj.ctiv.s contribut.d gr.atly to the int.nsity of the negotiations and the urgency for agreement. The r.sulting Agr.ement includes the critical compon.nts of: 1) Wag. and p.nsion R.form: 2) No Layoffs: and 3) Wag. incr.as.s. On Wedne.day, March 31, 1993, the melllbers of AFSCKE Local 1554 voted in favor of ratification of the propos.d agre.ment. 1 - AGENDA ITEM R - S-A, ;..J-f 93 onE ~ . , . ., HIGHLIGHTS or TBB AGRBBXlBTI ~ Summary highlights of the major provisions of the proposed Agreement are as follows: A. nGB RBPOIUl 8Irvllca.nD HII11011 I'UII ("Gre.n R.port") for all n.w employ... hir.d aft.r ratification by m.mber. of Local 1554. 401(1.) DllrlaD COll'ratBll'UOlIl'UII option for n.w ..ploy... ata fix.d rat. of 10_. IIA1lLY IlIITI....1l'r IIICIIIl'rIVI of 2 y.ars of ag. or 2 y.sr. of .ervic. for .ligible m.mb.rs, with a GO-day option period. IK'LOYIII 1'111111011 COHTIlIBllTIOIIB will b. incr.a..d by 2' from" to 10'. ADKIl1IlTaATIVII HZI'BIIBIB for the employ... p.n.ion plan will be born. by the plsn as..t.. B. SALARY IlBPOIUl '1'WO-TIIIl lAUaY I'UII r.duc.d by 15' for sll new employ.es hired aft.r ratification by m.mb.r. of Local 1554. C. OTBBR WAGIl I~LIKIMT for bargaining unit m.mb.ra ar. as follow.: -- 2.0' .ff.ctiv. on ratification. 2.0' .ff.ctiv. May 1, 1994 TBXPOllUlY rvLL-TtIIIIKI'LOYlIII Up to Uft..n (15) person. may b. employed in b.rg.ining unit Cla..ification. on . tempor.ry fUll-time b..is for p.riods not to .xc..d one (1) y.ar .ach. Such'p.rsons are be .x.mpt from civil S.rvic. Rul... I.CCUMVLATBD LllAVII BALAllCIII for sick l.ave or vacation bal.nc.. will b. paid in lump-.um or 2 in.tallm.nt., at ..ploy.... option. 110 LAYOrPI for the t.rm of contract .xc.pt for disciplinary purposes. The compl.t. Labor Agr..ment is attach.d h.r.in a. "Attachlll.nt A". BllDGBTAIlY IKI'LICATIOIISI The vaq. and p.~.io~ r.form components of the recomm.nded Labor Agreement has lasting budgetary implications in the form of significant recurring savings to the City of Miami ..ach. A. RBCOMIIJ:JlDBO nGB 8BTTLIMIIIl'r I The recommended settlement includes the significant component of . two tier .alary structure for new employees as prescribed in the plan for returning the City of Miami .each to fiscal health. Implementing the two tier salary structure on a timely basis, provides sufficient saving to ensure the affordabllity of the negotiated wage increase for current employees. The components of the wllge settlement are as follows: -- -- - # .. 1. 'l'WO TUIl l"UIlY ITIlUC'l'VU A two ti.r salary structur. tor all n.w .mploye.. hired on or att.r April 1, 1993. The second tier (Tier il) would be reduced by titteen percent (15t) below that tor current .mploy.es. As.uming an annual .ix percent (6t) turn-ov.r rate tor .mploy... in thia bargaining unit, th. two ti.r .alary plan would r.sult in annual ..ving. of $45,000. Th. estimat.eS .avings over the term of the Agre.m.nt is project.eS to b. $228,750. 2. 'lAGI XllCUUl1 The Agr..m.nt provieSes a tour p.rc.nt (4.0') .alary incr.... with no retroactivity, for .xisting .mploy.... Th. .ff.ctiv. eSat.. for these incr..s.s .r. a. follow.: 2.0' April 1, 1993 2.0' M.y 1, 1994 The estim.t.eS co.t for the wage incr.a.e. is $345,333 ov.r th. t.rm of th. Agr.8IIl.nt which cov.r. thr.. fi.cal y.ar.. 3. 'lAGI COlT IUKIIAJlY A.suming that all retiring/t.rminat.eS .mploy... are r.pl.c.d and th.t th.r. i. no r.duction in the bargaining unit workforce, it i. proj.ct.d that .ft.r funding the wage incr.a.es, th. City would r.alize .aving. ot $264 ,667 ov.r the t.rm of th. contract. This .aving. con.i.t. of the tollowing: Two Ti.r Salary Wage Incr.as. Attrition Saving. Amount $(228,750) 345,333 {3Rl.250\ $1264 .667\ The City will continu. to'r.aliz. th.s. .avinga aft.r the t.rm of the curr.nt Agr.8IIlent has .xpired. .. ,..11011 UFORIC Th. recomm.nd.d S.ttl.ment provid.. for p.n.ion r.form which aff.ct .11 curr.nt .nd future .mploy... r.pr...nted by AFSCKE Local 1554. The componenta of this r.form ar. as follow.: 1. CVIUUIJIT DPLOnl8 2, Pen. ion r.form for current .mploy.e. will be .ccomplish.d through increased employee contributions to the syatem. current contributions will incr.ase by 2' to lOt, this incre.sed contribution will repr.sent ..ving of over $300,000 to the City during the term of the Agr..ment. JIIW DPLOnl8 (After April 1, 1993) All new employees, hired on or after April 1, 1993, will receive the reduced pension benefits prescribed in the "Green Report". Major provisions in the report beyond that tor current employees are: L Benefit reduced to 3t for all years of service with a maximum accumul.tion of 80t. rinal Averaoe Monthly Earnings reduced to average of hlghest i years for base pay and longevity only. ii. . ' iii. R.tir.m.nt ag. incr....d to 60 y..r. with 10 y.ar. of ..rvic.. Initi.l ..ving to the City would be minim.l due to the gr.du.l r.te of hiring new .mploy..s. It i. project.d that this .aving. would b. ov.r $100,000 for the t.rm of the contr.ct. ...... 3. BULY UTIUldJI'r IJlCllI'fXVB Th. .arly r.tir.m.nt inc.ntive of 2 year. of service or 2 y..rs of .g. for .ligibl. m.mb.r. will not only provide cost .evings from new employees through the two ti.r salary .tructur. (r.duc.d by 15'> and bifurcated pen. ion (Gr..n R.port) but would al.o provide gr.at.r opportuniti.. for .mploy.. div.r.ification. The City will continua to r.alize the.. .aving. aft.r the t.rm of the current Agr..m.nt has .xpir.d. Thi. i. the fir.t ti.. ia the hi.tory ot the city ot Xiaai .eaoh that a aegoUate4 wav. ..ttl_at w111 result iJl sipitio8JIt ourrent aa4 tutur. .aviavs to the City. ia a44itioJl to provi4iav . ..v. iaor.... to .xi.tiav ..ploy.... IDDITIOMAL LlGI8LATIOJlI Implem.ntation of the provision. tor Wag. and P.n.ion R.form require. additional l.gi.lation in the form ot ordinance am.ndments. Th. n.c...ary ordinance am.nc1la.nt. tor biturcat.d pension, two-ti.r .alary plan, .arly r.tirem.nt inc.ntiv., increased employee p.nsion contributions, and wage incr.a..s are being pr...nt.d at today's meeting tor adoption on fir.t reading. A pUblic hearing and ..cond r.ading for the.. ordinances is .ch.dul.d for April 21, 1993. COJlCLU8IOll, ~ The r.comm.nded Labor Agr.em.nt with AFSCME Lo~al 1554 mark. the culmination of n.gotiation. in whiCh both .id.. int.n..ly repre..nted th.ir interest.. Th. S.ttl.m.nt accompli.h.. the last major component for r.turning the City to fiscal health through ..v. aa4 pea. ion retorm while providing the employe.. repre.ented by AFSCME Local 1554 with job .ecurity through th.ir commitm.nt to support the financial n.ed. of the City of Miami Baach. I wish to take this opportunity to thank Willie Kirby, President, Local 15541 Alb.rt Lundy: NiCholas D'Amatol Willi. Lawy.r' Frank Bonham, Regional Director, Council 791 J...ie Jone. and Laster Rosenberg, AFSCME Staff R.pre.entative. who comprised the AFSCME negotiating committee, as well a. Dean Mielk., Peter Liu and Linda Groff who repre.ented the City of Miami Baach for their d.dication in r.aching a mutual .ettlement of these difficult is.ue.. II ~;L:me """'\ . '. ..' ... '" r CONTRACT Between CITY OF MIAMI BEACH. FLORIDA and the . MIAMI BEACH MUNICIPAL EMPLOYEES UNION. AFSCME LOCAL NO. 1554 r DATES: MAY 1. 1992 - APRIL 30. 1995 r