Loading...
RESOLUTION 93-20753 F r 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 WHEREAS, 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 WHEREAS, 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 WHEREAS, 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 Beach and its residents . NOW, THEREFORE, BE 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 )•ril 1993 . 4, Mayor ATTEST: P. ci2a,expu- m,Yziri, City Clerk - FORM APPROVED: City Attorney PFL:me � � t • 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) 673-7782 COMMISSION MEMORANDUM NO. 16A-93 DATE: April 8, 1993 TO: Mayor Seymour Gelber and Members of the City Commission FROM: Roger M. City Manage r----- SUBJECT: A RESOLUTION APPROVING THE LABOR AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, (AFSCME LOCAL 1554) FOR THE THREE(3)YEAR PERIOD FROM MAY 1, 1992 TO APRIL 30, 1995 RECOMMENDATION: The Administration recommends that the City Commission adopt the attached Resolution which approves the recommended Labor Agreement with the American Federation of State, County and Municipal Employees (AFSCME Local 1554) for the three (3) year period May 1, 1992 to April 30, 1995. BACKGROUND: The American Federation of State, County, and Municipal Employees (AFSCME Local 1554) is an employee labor association which represents approximately 250 of the City's employees. The previous Labor Agreement was for a three (3) year period ending April 30, 1992 . PROPOSED AGREEMENT: The proposed Labor Agreement between the City of Miami Beach and AFSCME Local 1554 was achieved after rapid and intense negotiations. Although the parties on each side of the bargaining table negotiated in their own best interests, the prime concern for both was returning the City's financial health and preserving the status and jobs of existing employees. These seemingly opposing objectives contributed greatly to the intensity of the negotiations and the urgency for agreement. The resulting Agreement includes the critical components of: 1) Wage and Pension Reform; 2) No Layoffs; and 3) Wage increases. On Wednesday, March 31, 1993 , the members of AFSCME Local 1554 voted in favor of ratification of the proposed agreement. 1 AGENDA R_ s_it:\ ITEM DATE r � • HIGHLIGHTS OF THE AGREEMENT: Summary highlights of the major provisions of the proposed Agreement are as follows: A. WAGE REFORM • BIFURCATED PENSION PLAN ("Green Report") for all new employees hired after ratification by members of Local 1554 . • 401(A) DEFINED CONTRIBUTION PLAN option for new employees at a fixed rate of 10%. • EARLY RETIREMENT INCENTIVE of 2 years of age or 2 years of service for eligible members, with a 60-day option period. • EMPLOYEE PENSION CONTRIBUTIONS will be increased by 2% from 8% to 10%. • ADMINISTRATIVE EXPENSES for the employees pension plan will be borne by the plan assets. B. SALARY REFORM • TWO-TIER SALARY PLAN reduced by 15% for all new employees hired after ratification by members of Local 1554 . C. OTHER • WAGE SETTLEMENT for bargaining unit members are as follows: 2. 0% effective on ratification. 2 . 0% effective May 1, 1994 • TEMPORARY FULL-TIME EMPLOYEES Up to fifteen (15) persons may be employed in bargaining unit classifications on a temporary full-time basis for periods not to exceed one (1) year each. Such persons are be exempt from Civil Service Rules. • ACCUMULATED LEAVE BALANCES for sick leave or vacation balances will be paid in lump-sum or 2 installments, at employees' option. • NO LAYOFFS for the term of contract except for disciplinary purposes. The complete Labor Agreement is attached herein as "Attachment A" . BUDGETARY IMPLICATIONS: The wage and pension reform components of the recommended Labor Agreement has lasting budgetary implications in the form of significant recurring savings to the City of Miami Beach. A. RECOMMENDED WAGE SETTLEMENT: The recommended settlement includes the significant component of a two tier salary structure for new employees as prescribed in the plan for returning the City of Miami Beach to fiscal health. Implementing the two tier salary structure on a timely basis, provides sufficient saving to ensure the affordability of the negotiated wage increase for current employees. The components of the wage settlement are as follows: ti t l • 1. TWO TIER SALARY STRUCTURE A two tier salary structure for all new employees hired on or after April 1, 1993 . The second tier (Tier B) would be reduced by fifteen percent (15%) below that for current employees. Assuming an annual six percent (6%) turn-over rate for employees in this bargaining unit, the two tier salary plan would result in annual savings of $45, 000. The estimated savings over the term of the Agreement is projected to be $228, 750. 2. WAGE INCREASES The Agreement provides a four percent (4 . 0%) salary increase with no retroactivity, for existing employees. The effective dates for these increases are as follows: 2 . 0% April 1, 1993 2 . 0% May 1, 1994 The estimated cost for the wage increases is $345, 333 over the term of the Agreement which covers three fiscal years. 3. WAGE COST SUMMARY Assuming that all retiring/terminated employees are replaced and that there is no reduction in the bargaining unit workforce, it is projected that after funding the wage increases, the City would realize savings of $264, 667 over the term of the contract. This savings consists of the following: Amount Two Tier Salary $ (228, 750) Wage Increase 345, 333 Attrition (381, 250) Savings $ (264 , 667) The City will continue to realize these savings after the term of the current Agreement has expired. B. PENSION REFORM The recommended Settlement provides for pension reform which affect all current and future employees represented by AFSCME Local 1554 . The components of this reform are as follows: 1. CURRENT EMPLOYEES Pension reform for current employees will be accomplished through increased employee contributions to the system. Current contributions will increase by 2% to 10%; this increased contribution will represent saving of over $300, 000 to the City during the term of the Agreement. 2. NEW EMPLOYEES (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 for current employees are: i. Benefit reduced to 3% for all years of service with a maximum accumulation of 80% . ii. Final Average Monthly Earnings reduced to average of highest 3 years for base pay and longevity only. 3 iii . Retirement age increased to 60 years with 10 years of service. Initial saving to the City would be minimal due to the gradual rate of hiring new employees. It is projected that this savings would be over $100, 000 for the term of the contract. 3. EARLY RETIREMENT INCENTIVE The early retirement incentive of 2 years of service or 2 years of age for eligible members will not only provide cost savings from new employees through the two tier salary structure (reduced by 15%) and bifurcated pension (Green Report) but would also provide greater opportunities for employee diversification. The City will continue to realize these savings after the term of the current Agreement has expired. This is the first time in the history of the City of Miami Beach that a negotiated wage settlement will result in significant current and future savings to the City, in addition to providing a wage increase to existing employees. ADDITIONAL LEGISLATION: Implementation of the provisions for Wage and Pension Reform requires additional legislation in the form of ordinance amendments. The necessary ordinance amendments for bifurcated pension, two-tier salary plan, early retirement incentive, increased employee pension contributions, and wage increases are being presented at today's meeting for adoption on first reading. A public hearing and second reading for these ordinances is scheduled for April 21, 1993 . CONCLUSION: The recommended Labor Agreement with AFSCME Local 1554 marks the culmination of negotiations in which both sides intensely represented their interests. The Settlement accomplishes the last major component for returning the City to fiscal health through wage and pension reform while providing the employees represented by AFSCME Local 1554 with job security through their commitment to support the financial needs of the City of Miami Beach. I wish to take this opportunity to thank Willie Kirby, President, Local 1554 ; Albert Lundy; Nicholas D'Amato; Willie Lawyer; Frank Bonham, Regional Director, Council 79; Jessie Jones and Lester Rosenberg, AFSCME Staff Representatives who comprised the AFSCME negotiating committee, as well as Dean Mielke, Peter Liu and Linda Groff who represented the City of Miami Beach for their dedication in reaching a mutual settlement of these difficult issues. kj,PFL:me i 4 CONTRACT Between CITY OF MIAMI BEACH, FLORIDA and the MIAMI BEACH MUNICIPAL EMPLOYEES UNION, AFSCME LOCAL NO. 1554 DATES: MAY 1 , 1992 - APRIL 30, 1995 ATTACHMENT "A' AGENDA ITEM TABLE OF CONTENTS PAGE CONTRACT 1 WITNESSETH 1 ARTICLE I RECO GNI TION 2 Section 1.1 Representation 2 Section 1.2 Bargaining Unit 2 Section 1.3 Rights of Individuals 3 ARTICLE II DEDUCTION OF UNION DUES 5 Section 2.1 Checkoff 5 Section 2.2 Indemnification 5 ARTICLE III EQUAL EMPLOYMENT OPPORTUNITY 6 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 Involving Discipline 9 Section 4.9 Union Stewards 10 Section 4.10 Grievance Meetings 10 Section 4.11 Union Representation 10 ARTICLE V NO STRIKE OR LOCKOUT 11 Section 5.1 No Strike 11 Section 5.2 No Lockout 11 7 TABLE OF CONTENTS PAGE ARTICLE W MANA GEMENT RIGHTS 12 ARTICLE WI 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-1n and Call-Back Pay 14 Section 7.14 Sanitation Department Work Schedule 15 Section 7.15 Work Schedule 15 ARTICLE WI WA GES AND FRINGE BENEFITS 16 Section 8.1 Wages 16 Section 8.2 Shift Differential 16 Section 8.3 Holidays 16 Section 8.4 Holiday Pay 17 Section 8.5 Rate of Pay When Working Out of Classification 17 Section 8.6 Uniforms 17 Section 8.7 Vacation Benefits 17 Section 8.8 Voting Time 17 Section 8.9 Meal Allowance 18 Section 8.10 Jury and Witness Duty 18 Section 8.11 Tool Allowance 18 Section 8.12 Bereavement 18 Section 8.13 Pay Periods 19 Section 8.14 Injury Service Connected 19 Section 8.15 Certificates 19 Section 8.16 Pay for Spraying Hazardous Chemicals 19 Section 8.17 Changes in Benefits 19 Section 8.18 Pension 20 Il 8 TABLE OF CONTENTS PAGE 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 Transportation 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 SAVINGS 31 ARTICLE XIII ENTIRE CONTRACT 32 ARTICLE XIV TERM OF CONTRACT 33 ELECTION OF REMEDY FORM 34 MEMORANDUM OF UNDERSTANDING 35 EXECUTION 36 9 r r CONTRACT THIS CONTRACT, made and entered into this 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 th• 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! RECO GNI TION Section 1.1. Representation. 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 Tree Maintenance Supervisor Building Attendant Tree Trimmer Community Center Director Utility Worker Control Room Operator Waste Collector Custodial Supervisor Waste Driver Supervisor Custodial Worker Water Meter Reader Equipment Attendant Water Meter Technician Equipment Mechanic Water Pipefitter Fire Equipment Mechanic Water Supervisor Guard Welder Heavy Equipment Operator I and Il Welder Supervisor Laborer I and II Whiteway Supervisor I Maintenance Mechanic Maintenance Worker I, II, Ill, and IV Nursery Supervisor Park Attendant I and II Park Mechanic Park Supervisor I Police Utility Worker Pumping Mechanic Recreation Attendant Recreation Director Recreation Guard I and II Recreation Operations Mechanic Sewer Pipefitter Sewer Supervisor Shop Clerk Stable Worker Storekeeper Stores Clerk Street Supervisor I 2 11 bion 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) Either Party has the right to have an attorney 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. (1) 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 will 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 �2 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 13 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 b1-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. 5 14 r ARTICLE III EQUAL EMPL 0 YMENT 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. 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 Personnel Director. 6 1S ARTICLE IV GRIEVANCE PROCEDURE Section 4.1. Qefinition of Grievance and Time Limit for Filing. 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: 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. If no settlement Is reached, the supervisor shall give the City's written answer within five (5) working days after such presentation. STEP 2: 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 1, 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. STEP 3: 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 �6 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 Representative 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. Binding 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(themselves), 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. Authority 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. Expenses 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 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 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 Involving Discipline. 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 18 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 3 Parks 2/ Mechanical Maintenance 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. 10. Grievance Meetings. 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 Representation. 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 19 • ARTICLE V NO STRIKE AND NO LOCKOUT Section 5. 1. 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 ..O ARTICLE VI MANA GEMENT RIGHTS It is recognized that, except as stated herein, the City shall retain whatever rights and authority are necessary for it to operate and direct the affairs of the City and its various departments in all 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 cause, 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 shall not conflict with any of the express written provisions of this Contract, and that a grievance may be filed. 12 'l� ARTICLE VII HOURS OF WORK AND OVERTIME Section 7. 1. Purpose. 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 Workday. 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. Weekly 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 Opportunity. 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 Pvramidinq. Compensation shall not be more than once for the same hours. 13 22 Section 7.7. Paid Leave as Time Worked for Purpose of Computing,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 Day of Work._ For all hours worked on an employee's sixth consecutive workday within his 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 flus (5) preceding workdays;provided that annual leave and compensatory leave will not be considered as time worked for the purpose of this section Section 7.10. Seventh Consecutive Day 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 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 7.11. Shift Starting 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. Reporting,Pay. 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 7.13. Call-In and Call-Back Pay. 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 pay or 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. 14. Sanitation Department Work Schedule. Effective upon Commission ratification of this Contract, the City may eliminate the 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 three months prior to the effective date of the elimination of the incentive program shall receive a one-time lump sum payment of 2%of the employee's annualized hourly base salary. Section 7. 15. 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 f ARTICLE VIII WA GES AND FRINGE BENEFITS Section 8. 1. Waves., The City agrees to increase the current bargaining 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 bargaining 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. Section 8.2. Shift Differential. 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 A.M. Section 8.3. Holidays. 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 25 Section 8.4. Holiday Pay. 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 two (2) times his straight time hourly rate of pay for any such hours worked over eight (8). Section 8.5. Rate of Pay When Working Out of Classification. 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 and/or paid for by the City. Section 8.7. 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 8.8. Voting 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 T6 Section 8.9. Meal Allowance. An employee who works three (3) hours or more of post shift overtime shall be paid six dollars ($6.00) for the purpose of purchasing a meal, and time off without pay to eat as conditions will permit. Section 8.10. Airy and Witness Duty. 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. 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 8.11. Tool Allowance. Employees in the Equipment Mechanic job classification shall receive a tool allowance of Twenty and No/100 ($20.00) Dollars 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 ($12.50) Dollars per month; employees in the Equipment Attendant classification who regularly are required to use 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 personal tools as part of their job duties and shall receive a tool allowance of Seven and 50/100 ($7.50) Dollars per month, when so required. Section 8. 1 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 year 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. 18 Section 8. 13. Pay 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. 14. injury 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. Section 8. 15. Certificates. If an employee is required by law for 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. 16. Pay for Spraying 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. 17. Changes 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. 19 28 Section 8. 18. Pension. Effective Date: October 1, 1990. Those who retire between October 1, 1989 and October 1, 1990, will advance to the new benefits on October 1, 1990. Plan Consolidation: All members will have the same benefits as those hired before November 1, 1976. The distinction between those hired before November 1, 1976, and those hired after November 1, 1976, will be eliminated. Pensionable Compensation: Includes all compensation which is presently included for employees who became members before November 1, 1976. Eligibility for Service Retirement: Age 50 with 5 years of service. Definition of Dependent: 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 Monthly 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 F.A.M.E. Employee Contributions: Increased from eight percent (8%) to ten percent (10%) of salary on a pre-tax 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 his/her 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 30 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 last date of hire. Section 9.2. Layoffs. 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 la/d 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. (c) For the term of this Agreement, there shall be no bargaining unit position layoffs except for disciplinary suspensions or terminations, which are not included for the purposes of no layoffs. 22 31 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. 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 Seniority. 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 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 his/her department, and who has no ligitimate reason for not notifying the management of his/her department shall be considered as having resigned. 23 32 Section 9.5. Seniority 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 rankings 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 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 Assignments. 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 utof-class assignments to that classification for as long as he/she has recall rights to that classification. 24 33 • • 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. Temporary Employees. 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. Such temporary employees so hired may not exceed one (1)year of continuous employment at any one 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 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 34 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 alternatives to the existing rules. Section 10.2. Clean-up 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. 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 10.4. 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. 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 10.5. Emergency 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. 26 35 Section 10.6. Transportation of Employees. 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 10.7. 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 10.8. Civic Duty. 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 10.9. Unpaid 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 10. 10. Negotiation Pay. 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 10.11. Contracting and Subcontracting 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 36 Section 10. 12. Sick and Vacation Leave Accrual and Maximum Payment 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. 13. changes in Job Specifications 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. Section 10. 14. Opportunity 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. 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 any one 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. 28 37 . r Section 10. 17. Meetings Leave. The Union shall have the right to designate one (1) representative, authorized with pay for time he 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. 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 will limit the posting of Union notices to such bulletin boards: 1) Streets & Sewers - 451 Dade Boulevard 2) Sanitation - 120 MacArthur Causeway 3) Metered Parking - 1837 Bay Road 4) Water Department- 451 Dade Boulevard 5) Mechanical Maintenance - 120 MacArthur Causeway 6) Convention Center 7) Park Division Shop 8) Maintenance Building, Normandy Shores Golf Course 9) Maintenance Building, Bayshore Golf Course 10) Tenth Street Auditorium 11) 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 38 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 health, welfare and safety of employees, and to the general public at large. Therefore, ft 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 intoxaln er 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 (1,2,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. 30 �9 ARTICLE XII SA VINGS In 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. 31 40 1 , ARTICLE XIII ENTIRE CONTRACT TheP arties acknowledge that during the negotiations which resulted in this Contract, each had the right and opportunity to make demands and proposals with respect to any subject or matter not removed g PP tY by law from the area of collective bargaining, and that the understandings and agreements arrived at by thep arties 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. 32 -11 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, 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 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. DRM:Ig a:AFSCTR 1/91 AFSCME91.REV 33 42 • AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES AFSCME LOCAL 1554 ELECTION OF REMEDY FORM Grievance No. (if applicable) Thisform must be completed and signed prior to the second step of the grievance P procedure, or at the time when appeal to Personnel Board is filed. Employee must elect, sign, and date onlyone, of the two following choices: 1. I/We elect to utilize the Grievance Procedure contained in the current Contract between the City of Miami Beach, Florida, and AFSCME Local 1554. Signature Date 2. 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. Signature Date If Number 1 is elected, sign If you wish to authorize the following: I/We herebyauthorize AFSCME Local 1554 to process the attached / grievance on my/our behalf. Signature Date DRM:lg DRM:WORK2/92 AFSCME-E.RMD 34 43 • MEMORANDUM OF UNDERSTANDING Between CITY OF MIAMI BEACH and AFSCME LOCAL 1554 Upon ratification of this Agreement, the job classification 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 classification 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 bargaining unit. Therefore, the parties hereto agree that the AFSCME Union President, the Benevolent 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 44 Executed by the parties hereto on the day of 1993,by the Mayor and City Clerk. AMERICAN FEDERATION OF STATE, CITY OF MIAMI BEACH, FLORIDA COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 1554 By By City Manager Approved by Vote of the City Commission , 1993 Mayor FORM APPROVED Attest: City Clerk LEGAL DEPT. By Date 36 45 L I RESOLUTION NO. 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 WHEREAS, 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 WHEREAS, 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 WHEREAS, 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 Beach and its residents . NOW, THEREFORE, BE 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 April 1993 . • Mayor ATTEST: City Clerk FORM APPROVED: :FCD 2-cl City Attorney PFL:me • RESOLUTION NO. 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 WHEREAS, 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 WHEREAS, 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 WHEREAS, 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 Beach and its residents . NOW, THEREFORE, BE 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 April 1993 . • Mayor ATTEST: City Clerk FORM APPROVED: JeD -Z-� City Attorney PFL:me r--- RESOLUTION NO. 93-20753 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. r • _ . _ _ . . ..„. •. . _ . _ . „ „ _ _ • .• ... • . „ . _ _ _ . _ , • • • . . . • . • . . . . _ . _ , _ _ • . . . . . . , „ yw..