98-22952 RESO RESOLUTION NO. 98-22952
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH TO RATIFY THE THREE-
YEAR LABOR AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH AND THE COMMUNICATIONS WORKERS
OF AMERICA (CWA), LOCAL 3178, FOR THE PERIOD
FROM OCTOBER 1, 1997 THROUGH SEPTEMBER 30, 2000,
AND AUTHORIZE THE MAYOR AND CITY CLERK TO
EXECUTE THE AGREEMENT.
WHEREAS, the City Manager has submitted to the Mayor and City Commission the Labor
Agreement recently negotiated between the City of Miami Beach, Florida and the Communications
Workers of America, Local 3178, the bargaining agent certified by the Public Employees Relations
Commission (PERC) for the employees covered by said agreement; and
WHEREAS, the previous Labor Agreement was for a three year period from
October 1, 1994 through September 30, 1997 and has expired; and
WHEREAS, the Communications Workers of America bargaining unit ratified the attached
Agreement and the City Manager recommends that the City Commission ratify and authorize the
execution of the Agreement between the City and the Communications Workers of America Union;
and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the attached Labor
Agreement between the City of Miami Beach and the Communications Workers of America, Local
3178, for the period from October 1, 1997 through September 30, 2000, is hereby ratified and that
the Mayor and City Clerk are hereby authorized to execute the Agreement.
ADOPTED this 4th day of November ., 1998.
Mayor
ATTEST:
APPROVED AS TO
FORM &LANGUAGE
City Clerk
;ITY OF MIAMI BEACH
TY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
~p :\\ci. rn iam i-beach .ft. us
TO: Mayor Neisen O. Kasdin and DATE: November 4, 1998
Members of the City Commission
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY CONIMISSION OF THE
CITY OF MIAMI BEACH TO RATIFY THE THREE-YEAR LABOR
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE
CO~IMUNICATIONS WORKERS OF AMERICA (CWA) FOR THE PERIOD
FROM OCTOBER 1, 1997 THROUGH SEPTEMBER 30, 2000, AND
AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE THE
AGREEMENT.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
On October 1, 1998, negotiators for the City and the CWA successfully concluded negotiations for
a three year collective bargaining agreement.
The Union membership has reviewed the proposed Agreement and voted to ratify it as presented.
While negotiators for the City and the Union were obliged to represent the best interests of their
"clients", the shared goal was to produce an Agreement that guaranteed equitable and competitive
compensation and working conditions. The following is a summary of the most significant changes
from the previous Agreement.
Wages
The term of the Agreement will extend for three years from October 1, 1997 through
September 30, 2000. Effective with the payroll dates commencing on September 29, 1997,
September 28, 1998, and September 27, 1999, bargaining unit employees will receive a three
percent (3%) pay raise.
continued...
AGENDA ITEM C r'7 C
DATE t i -
COMMISSION MEMORANDUM PAGE 2
The estimated cost for the wage increases are $345,000 for Fiscal Year 1997/1998; $355,000 for
Fiscal Year 1998/1999; $375,000 for Fiscal Year 1999/2000.
The Tier B language modifying the pay plan by affecting a 15% salary reduction for bargaining unit
employees who were hired after February 21, 1994 has been eliminated. On September 14, 1998,
the Tier B employees will have their pay advanced by one step. A two-step increase will be given
to these employees on both September 28, 1998 and September 27, 1999.
The estimated costs involved to increase the salaries of the affected employees to the Tier A level
through the extra step increases are $11,000 for Fiscal Year 1997/1998; $300,000 for Fiscal Year
1998/1999; and $335,000 for Fiscal Year 1999/2000.
Other Issues
The Shift Differential for shift hours worked between 3:00 p.m. and 11:00 p.m. was increased from
30¢ to 40¢ per hour and from 40¢ to 50¢ per hour for shift hours worked between 11:00 p.m. and
6:30 a.m. The cost for the benefit increase is approximately $2,500 annually.
To be competitive with the salaries of other local agencies in the emergency dispatching area, those
bargaining unit employees who are hired into the classification of Dispatcher Trainee at Step A will
have their pay advanced to Step B after six months of satisfactory service. Additionally, those PSCU
Dispatchers who are certified by the Police Chief to dispatch both Police and Fire calls will receive
a one-step pay increase while they are assigned to the PSCU. Also, PSCU bargaining unit
employees who are designated and assigned to perform in a training capacity on a full-time basis will
get a one-step pay increase for each payperiod that they are assigned this duty full time. Estimated
costs for these provisions are $19,000 annually.
In the interest of employee safety, over the years the City has provided safety shoes to those
bargaining unit members whose job classifications require same. We have included language in the
new Agreement to clarify the positions and dollar limits for the safety shoes. Estimated cost for the
shoes is $4,500 for Fiscal Year 1998/1999 and $4,900 for Fiscal Year 1999/2000.
As per past practice, employees will be reviewed annually under the City's performance merit plan.
The merit plan for this bargaining unit provides a step increase on the employee's anniversary date
to those employees who receive a satisfactory evaluation during the rating period until the employee
has reached his/her pay range maximum.
Given the availability of the various voting altematives, i.e. absentee ballots, we have eliminated the
language that previously allowed bargaining unit employees paid time off to vote.
continued...
COMMISSION MEMORANDUM PAGE 3
Our current health insurance provides a benefit for prescription eyeglasses; therefore, we have
eliminated the provision that provided a $50 reimbursement to bargaining unit employees for
prescription eyeglasses.
CONCLUSION:
The City Administration recommends that the City Commission ratify the attached collective
bargaining agreement negotiated between the City of Miami Beach and CWA, and adopt the
attached resolution authorizing the Mayor and City Clerk to execute the Agreement.
SR:RWB:Isg
Attachments
a:\Comm-mem498\CWA9720 CTR
AGREEMENT
Between
CITY OF MIAMI BEACH, FLORIDA
and the
COMMUNICATIONS WORKERS OF AMERICA (CWA)
LOCAL 3178
Period Covered
October 1, 1997 to September 30, 2000
TABLE OF CONTENTS
PAGE
AGREEMENT ...................................................................... 1
PREAMBLE ........................................................................ 2
ARTICLE 1 - Employee and Union Rights
Section 1.1, Employee Rights During Meetings or Interviews ........................ 3
Section 1.2. Notice of Disciplinary Action ........................................ 3
Section 1.3. Retaliation for Exercising Rights ..................................... 4
Section 1.4. Union Membership/Right of Union
to Represent Only Members ....................................... 4
Section 1.5. Access to Personnel Records ....................................... 4
Section 1.6. Employee Bargaining Team ........................................ 5
Section 1.7. Recording Devices ............................................... 5
Section 1.8. Polygraph Examinations ........................................... 5
Section 1.9 Employee Examination Review ...................................... 6
Section 1.10 Meeting Leave ................................................... 6
Section 1.11 Information to be Provided to Union by City ............................ 6
ARTICLE 2 - Deduction of Union Dues
Section 2.1. Checkoff ....................................................... 7
Section 2.2. Indemnification .................................................. 7
ARTICLE 3 - Grievance Procedure
Section 3.1. Purpose ........................................................ 8
Section 3.2. Definitions ...................................................... 8
Section 3.3. Special Provisions ................................................ 9
Section 3.4. Grievances Involving Discipline .................................... 11
Section 3.5. Election of Remedies ............................................ 11
Grievance Procedures ........................................... 11
Section 3.6. Arbitration ..................................................... 13
Section 3.7 Differences Concerning Personnel Rules ............................. 15
ARTICLE 4 - No Strike and No Lockout
Section 4.1. No Strike ...................................................... 16
Section 4.2. No Lockout .................................................... 16
TABLE OF CONTENTS PAGE
ARTICLE 5 - Management RicJhts ..................................................... 17
ARTICLE 6 - Hours of Work and Overtime
Section 6,1. Purpose ................................................ 18
Section 6.2. Normal Workday ................................................ 18
Section 6.3. Normal Workweek ............................................... 18
Section 6.4. Overtime ...................................................... 18
Section 6.5. Distribution of Overtime Opportunity ................................. 19
Section 6.6. Holiday Celebration and Pay for Working on Holiday .................... 19
Section 6.7. Rest Periods ................................................... 20
Section 6.8. Reporting Pay .................................................. 20
Section 6.9. Come Back Pay ................................................. 20
Section 6.10. Clean-Up Time ................................................. 20
Section 6.11. No Pyramiding .................................................. 20
ARTICLE 7 - Wac~es and Fringe Benefits
Section 7.1. Wages ........................................................ 21
Section 7.2. Shift Differential ................................................. 21
Section 7.3. Holidays ....................................................... 21
Section 7.4. Bereavement Leave ............................................. 22
Section 7.5. Rate of Pay When Working Out of Classification ....................... 22
Section 7.6. Voting Time .................................................... 22
Section 7.7. Meal Allowance ................................................. 22
Section 7.8. Jury Duty ...................................................... 22
Section 7.9. Tool Allowance ................................................. 23
Section 7.10. Cleaning Allowance .............................................. 23
Section 7.11. Uniform Provision ............................................... 23
Section 7.12. Insurance ...................................................... 24
Section 7.13. Pension ....................................................... 24
Section 7.14 Retirement Window .............................................. 25
Section 7.15 Dispatchers--Public Safety Communications Unit (PSCU) ................ 25
ARTICLE 8 - General Provisions
Section 8.1. Discrimination .................................................. 26
Section 8.2. Meetings Between Parties ......................................... 26
Section 8.3. Reduction in Work Force .......................................... 26
Section 8.4. Work Rules .................................................... 26
Section 8.5. Probationary Employees .......................................... 26
Section 8.6. "Temporary" Employees .......................................... 27
Section 8.7. Political Activities of Employees .................................... 28
Section 8.8. Safety ........................................................ 28
TABLE OF CONTENTS PAGE
ARTICLE 8 - General Provisions, continued
Section 8.9. Parking ....................................................... 29
Section 8.10. Glasses & Pith Helmets ........................................... 29
Section 8.11. Notification in the Event of Transfer or Contracting Out .................. 29
Section 8.12. Drug and Alcohol Testing ......................................... 30
Section 8.13. Stress Reduction/Police Department's Public Safety Communications Unit... 30
Section 8.14 Bulletin Boards ................................................. 30
Section 8.15 Seniority ...................................................... 31
Section 8,16 Safety Shoes ................................................... 31
Section 8.17 Labor/Management Committee ..................................... 32
Section 8.18 Promotions .................................................... 32
Section 8.19 Beach Patrol Promotions .......................................... 32
ARTICLE 9 - Waiver and Entire Agreement ............................................. 33
ARTICLE 10 - Recognition
Section 10.1. Representation and Bargaining Unit ................................. 34
Section 10.2. Unit Description ................................................. 34
ARTICLE 11 - Savin~Js .............................................................. 35
ARTICLE 12 - Term of Contract ....................................................... 36
EXECUTION ...................................................................... 37
ELECTION OF REMEDY FORM ....................................................... 38
APPENDIX A ...................................................................... 39
iii
AGREEMENT
THIS AGREEMENT, was made and entered into on this 4th day of November ,
19 98 , by and between the CITY OF MIAMI BEACH, FLORIDA (herein called the "City"), and the
COMMUNICATIONS WORKERS OF AMERICA (herein called the "Union").
CWA- 1
PREAMBLE
WHEREAS, the Union has been selected as the sole and exclusive bargaining representative by a
majority of the employees set forth in the Appendix, and has been recognized by the City pursuant to the laws
of Florida as the sole and exclusive bargaining representative for said employees;
WHEREAS, the City and the Union have voluntarily endorsed the practices and procedures of
collective bargaining as a fair and orderly way of conducting relations between the City and the employees
covered by this Agreement insofar as such practices and procedures are appropriate to the obligations of the
City to retain the right effectively to operate the various departments of the City and are consonant with the
paramount interests of the public;
WHEREAS, it is the intention of the parties to this Agreement to provide, where not otherwise
mandated by Statute, for the salary schedule, fringe benefits and conditions of employment of the employees
covered by this Agreement, to provide for the continued and efficient operation of the various departments
of the City, and to provide an orderly and prompt method of handling and processing grievances;
NOW, THEREFORE, the parties agree with each other as follows;
CWA - 2
ARTICLE 1
EMPLOYEE AND UNION RIGHTS
Section 1.1. Employee Rights During Meetings or Interviews.
a) An employee shall be entitled to request Union representation at all meetings where the
representative of the City intends to seek to gain information from the employee which may
become a part of the written disciplinary record of the employee.
b) The employee shall be informed of the nature of the meeting and if requested, be given a
reasonable period of time prior to the meeting to contact and consult with the Union. Nothing
contained herein shall preclude an employee from legal representation in the event of a
criminal investigation.
c) At the request of the employee, the City will advise a Union Representative of all such
meetings with the employee.
d) All meetings will be held in the City at a reasonable hour during the employee's shift or
contiguous to the shift on the clock, unless an emergency or serious condition prevents such
action.
Section 1.2. Notice of Disciplinary Action. - No reprimand, suspension, demotion, punitive transfer, or
punitive reassignment which results in loss of pay shall be taken against an employee unless he/she is notified
of the action, and the reason(s) for such action given specifically prior to the action. Notice in writing shall be
given to the employee as soon as practicable.
If such disciplinary action is taken against any employee which results in loss of pay or monetary benefits or
denial of annual merit increase, Management will adhere to the personnel guidelines set forth in their Guide
for Evaluators:
a) The employee must have received a Special Report during the evaluation period informing
him/her of the less than satisfactory performance and what action should be taken for
improvement. A copy of the Special Report must be submitted with the Annual Evaluation
Report.
CWA - 3
b) The employee must have received a warning during the evaluation period at least sixty (60)
but no more than ninety (90) days prior to an employee receiving a less than satisfactory
performance. If the unsatisfactory work performance occurred prior to ninety (90) days
before the anniversary increase was due, the warning must state what action the employee
must take to correct the unsatisfactory performance. A copy of the warning shall be
submitted with the Annual Evaluation Report.
Annual merit increases are not automatic and may be denied. If Management elects to deny an annual merit
increase, it will be consistent as outlined above.
The employee's Department will be responsible for monitoring the progress or lack of progress on the
employee's effort to correct the problem which led to the unsatisfactory rating. Such follow-up shall be every
ninety (90) days after the corrective process commenced. Upon correction of the problem, the employee will
be granted the annual increase.
Section 1.3. Retaliation for Exercisinq Riqhts. - No employee, supervisor or management person shall
be retaliated against or be threatened with any such retaliation by reason of his/her exercise of any rights set
forth in this Agreement.
Section 1.4. Union Membership-Right of Union to Represent Only Members. - The City and the Union
agree not to interfere with the right of employees to become or not become members of the Union, and further,
both parties agree that there shall be no discrimination, interference, restraint, or coercion against any
employee because of Union membership or lack of it; except that the Union may process grievances for,
advise, or participate in meetings or interviews on behalf of members only. Upon request by the Union
President, Human Resources will inform the Union of new hires on a monthly basis.
Section 1.5. Access to Personnel Records. - Upon reasonable request, an employee shall have the right,
in the presence of an appropriate representative of the employer, to review and copy all or any portion of the
employee's official records which are or may become a part of the personnel file maintained by the Human
Resources Department. The employer may charge a reasonable fee for such copying. Employees will be
provided with a copy of records or letters that are to be placed in the employee's Personnel File maintained
in either Human Resources or in the Department personnel file, which make specific, derogatory comments
about the employee's work performance. This shall be done by the Department prior to the filing and the
employee shall be asked to sign his/her acknowledgement.
CWA - 4
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.
It is specifically understood that this provision shall not in any way alter or modify the Personnel Rules
concerning tests or examinations and the period of time which an employee has to review tests or
examinations which he/she has taken.
Section 1.6. Employee Bargaining Team. - The City agrees that the Union shall be permitted up to five (5)
employees to serve on a collective bargaining team in any collective bargaining negotiations with the City, and
that such persons shall be compensated at their regular salary when negotiations are during regular working
hours. The Union may appoint alternates who shall be compensated instead of regular members of the
collective bargaining team for those periods of time when they actually serve on the bargaining team.
Section 1.7. Recordin~J Devices. - 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.
Section 1.8. Polygraph Examinations.
a) A bargaining unit member may be required to submit to a polygraph test, or any other
electronic examination, the purpose of which is to test the truthfulness of the employee when
investigating a work place theft only when there is reasonable suspicion to believe that the
employee is involved.
b) It is understood that bargaining unit members may be required to take a polygraph
examination when such examination is a pre-condition of their initial employment with the
City. A bargaining unit member may be required to take a polygraph for promotion or transfer
into a department that has required polygraph tests.
c) Such polyg raph test shall be conducted by an independent, professional examiner as
selected by the City.
Nothing contained in the Agreement shall abridge the rights of individual employees or the rights of the City
under Florida law.
CWA - 5
Section 1,9. Employee Examination Review. - An employee shall have the right in the presence of an
appropriate representative of the employer to examine and/or review his/her own completed examination.
Section 1.10. Meetin~J Leave. - The Union shall have the right to designate one (1) representative, authorized
with pay for time he/she would have otherwise been working, to attend City Commission Meetings, when a
matter relating to the collective bargaining agreement is on the Agenda for such meeting, and if prior approval
has been given by the representative's supervisor. The representative is to return to work immediately after
the City Commission addresses the Agenda item.
Section 1.11. Information To Be Provided To Union By City. - The City will provide to the Union one copy
of the following:
a) A listing of all bargaining unit employees on a disk and hard copy to include the employee's
name, address, I.D. number, department assignment, and date of hire, except where such
information is exempt from the definition of public records as established by Florida Statutes
119.07 (3) (i).
b) The "Personnel Rules" of the City of Miami Beach.
c) "Classification Specifications" for all bargaining unit classifications.
d) "Agenda" (as distributed to all department heads and news media) for each City Commission
Meeting.
e) Salary Ordinance amendments affecting bargaining unit classifications.
CWA - 6
ARTICLE 2
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
Agreement to deduct the uniform Union dues and assessments of such employees from their pay and remit
such deductions to the Union Treasurer; 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 and assessments structure.
The Union shall pay, during the term of this Agreement, the amount of sixty ($60) dollars annually as a service
charge for implementing and processing the above-stated dues and assessments 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 against the City under the provisions of this Article; provided,
however, this Section shall not apply to any act or failure to act on the part of the City resulting from its own
willful behavior. In the event of an error in dues deductions, transfer should be transmitted thirty (30) days
after written notification.
CWA - 7
ARTICLE 3
GRIEVANCE PROCEDURE
Section 3.1. Purpose. - It is recognized that complaints and grievances may arise between the bargaining
agent and the employer or between the employer and any one or more employees concerning the application
or interpretation of any provision of this Agreement. The employer and the bargaining agent desire that these
grievances and complaints be settled in an orderly, prompt and equitable manner so that the efficiency of the
City of Miami Beach may be maintained and the morale of employees not be impaired. Every effort will be
made by the employer, employees and bargaining agent to settle the grievances at the lowest level of
supervision. The initiation or presentation of a grievance by an employee will not adversely affect his standing
with the employer.
No reprisals of any kind will be made by agents of the City against the grievant(s) or the Union's
representatives by reason of such participation in the processing of their grievance. Similarly, the Union, its
officers or agents, shall not impede, malign, or delay the City or management's representative in their duties
during the investigation or processing of said grievance.
In order to investigate, discuss and process grievances, representatives must request permission 24 hours
in advance (except in emergencies), and report their return to work upon conclusion of the use of time for
grievance matters.
Section 3.2. Definitions.
1 ) Grievance - a grievance is a dispute involving the interpretation or application of the express terms
of any provision of this Agreement, excluding matters not covered by this Agreement or where Personnel
Board rules and regulations are involved; provided, that disciplinary actions, including discharges, but not
including verbal admonishments, may be grieved under this Article; further provided that the reasonableness
of new or changed work rules and whether there has been reasonable application of old or new work rules
and lay-off provisions of the Personnel Board's rules and regulations, may be grieved under this Article. The
reasonableness of work rules which were negotiated is not grievable.
2) Aggrieved Employee(s) - the employee(s) filing the grievance or causing the grievance to be filed.
3) Immediate Supervisor - the individual having immediate supervisory authority over the aggrieved
employee(s).
CWA - 8
4) Division Head - the head of the division in which the aggrieved employee(s) works.
5) Department Head - the head of the department in which the aggrieved employee(s) works.
6) Days - as referred to in the time limits herein, days shall mean working days (i.e., Monday through
Friday, exclusive of scheduled holidays).
Section 3.3. Special Provisions.
a) The time limits set forth herein may be extended and/or modified by mutual agreement.
b) If the employer violates any time limits, the bargaining agent may advance to the next step without
waiting for the employer's response. If the Union, or the grievant(s) fail to initiate or move the grievance to
the first or next step of the grievance procedure, as set forth herein (time limits), it shall be untimely and
considered withdrawn.
c) The parties acknowledge that, as a principle of interpretation, employees are obligated to work as
directed while grievances are pending; except where the safety of a working condition or health of the
employee(s) is the basis of the grievance.
d) Aggrieved employees, a reasonable number of employees, not to exceed three (3), called as
witnesses, and a specifically designated Union representative, shall be allowed to be present at the various
formal steps of the grievance procedure, including arbitration. To the extent said employees are on their
regular work schedule, they may attend without loss of pay for those actual hours during their regular work
schedule. The Union shall notify the City Manager's designee for Labor Relations of who it wishes to call, and
then Management will schedule the witnesses to be available as needed. The City will pay for no more than
three (3) Union witnesses at an arbitration hearing.
e) The Union shall designate to the City the names of the seventeen (17) Union representatives, plus
one individual who shall be designated as the Chief Union Representative, whose function shall be to assist
unit members in the processing of complaints and grievances under this procedure.
City of Miami Beach employees other than those designated Union representatives shall not be granted time
off from work without loss of pay for the processing of grievances with the exception that the President or
designee of the Union shall be granted time off with pay to attend and/or participate in appeals to Step III and
Arbitration.
CWA - 9
Representatives 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 ) that they first secure the permission of their immediate supervisor (such
permission shall not be unreasonably denied);
2) that the supervisor shall be notified twenty-four (24) hours prior to
investigating, discussing, and processing grievances on City time (shorter
notice may be given in the case of emergencies); and
3) that the representative will report his/her return to work to the immediate
supervisor upon conclusion of the use of time for grievance matters.
It is agreed by the union that the above list shall be provided on a quarterly basis to the employer and updated
as to changes in the composition of the designated representative.
f) An employee may request Union representation in accordance with the provisions of this Agreement
at each and every step of the grievance procedure set forth in this Agreement.
g) The bargaining agent, in accordance with its own lawful internal rules, shall have the sole and
exclusive right to determine whether any grievance warrants processing through this procedure. In the event
the bargaining agent determines at any step of the grievance procedure that a grievance does not warrant
processing, a written notification of that determination shall be sent to the Personnel Director, with a copy to
the City Manager's designee for Labor Relations, and to the employee(s) involved who shall then be free to
process it themselves or through legal counsel.
h) If the bargaining agent has declined to process or further process any grievance presented to it, and
if any employee, or group of employees, desires to process it or further process their own grievance through
this procedure, the bargaining agent shall be sent copies of all written communications sent by the employer
or the employee(s) involved. Further, nothing herein contained shall be construed to prevent any public
employees from representing, at any time, their own grievance in person or by legal counsel to the employer,
and having such grievance(s) adjusted without the intervention of the bargaining agent, provided however,
that the adjustment is not inconsistent with the terms of the collective bargaining agreement then in effect; and
provided further that the bargaining agent has been given notice and a reasonable opportunity to be present
at any meeting called for the resolution of such grievances.
i) The bargaining agent shall not be responsible for any costs attendant to the resolution of any
grievance(s) it has not processed.
CWA- 10
j) The parties acknowledge that multiple grievances may be combined at any stage of the grievance
procedure where the class of aggrieved employees is clearly defined and the subject matter of the grievances
is the same or similar.
k) At Step I, all formal grievances presented shall include the date of the alleged violation, the specific article
and section grieved; a brief description of the grievance, and the remedy requested. The Election of Remedy
Form shall be attached to the grievance. Grievances processed without the Election of Remedy Form shall
be returned to the president or the grievant(s). They shall be given five (5) days to submit the Election of
Remedy Form. In the event the president or the grievant(s) is not working at the time, upon returning to work
they shall be given five (5) days to submit the form. Failure to meet this time limit, the grievance shall be
considered as withdrawn.
Section 3.4. Grievances Involving Discipline. - Discipline shall be only for just cause and shall include
written reprimand, suspension or dismissal. Any regular employee who is disciplined, and who has completed
the required probationary period, may file a grievance pursuant to the provisions of this Article. The Union
or employees not represented by the Union in a grievance or who are not members of the Union may file
discipline grievances at either Step I, II, or Ill within ten (10) days of the written notice of action.
Section 3.5. 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 first step grievance or initiating 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 of Remedy Form will indicate whether the aggrieved party or parties wish to utilize the grievance
procedure contained in the Contract or initiate action for redress before a governmental board, 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. The
Election of Remedy Form shall be attached to the grievance. Grievances processed without the Election of
Remedy Form shall be returned to the Union President or the Grievant(s). They shall be given five (5) days
to submit the Election of Remedy Form. In the event the President or the Grievant(s) is not working at the
time, upon returning to work they shall be given five (5) days to submit the form. Failure to meet this time limit,
the grievance shall be considered as withdrawn.
GRIEVANCE PROCEDURES:
STEP I
a) The grievance shall be filed within ten (10) days of the alleged violation, misinterpretation or
misapplication of the terms and conditions of employment set forth in this Agreement.
CWA - l 1
b) The grievance shall be filed with the division head in writing, on the Grievance Form as provided by
the City, and as agreed herein, and shall state the specific article, section and language alleged to
have been violated. The Election of Remedy Form shall be attached to the grievance. Grievances
processed without the Election of Remedy Form shall be returned to the Union President or the
Grievant(s). They shall be given five (5) days to submit the Election of Remedy Form. In the event
the President or the Grievant(s) is not working at the time, upon returning to work they shall be given
five (5) days to submit the form. Failure to meet this time limit, the grievance shall be considered as
withdrawn.
c) The division head or his/her designee shall note the date of receipt of the grievance, and shall seek
to meet the aggrieved employee at a mutually agreeable time within five (5) days of receipt of the
grievance.
d) Within five (5) days of the meeting, the division head shall render a decision and shall immediately
communicate that decision in writing to the aggrieved, the bargaining agent, and the department
head. If the decision is to deny the grievance, the reasons for denial shall be specifically stated.
e) The aggrieved employee(s) and/or the bargaining agent may appeal the decision of the division head
within seven (7) days of receipt of the decision.
f) The appeal shall be submitted in writing to the department head. Failure to appeal the decision of the
division head within seven (7) days shall constitute acceptance by the aggrieved employee(s) and
the bargaining agent of the decision as being a final resolution of the issues raised.
STEP II
a) If the aggrieved employee(s) appeals the decision, the department head shall schedule a meeting to
take place at a mutually agreeable time not more than five (5) days after receipt of the appeal. The
exclusive bargaining agent shall be advised in writing as to the date of the proposed meeting, and
shall have the right to send one (1) observer to the proceedings if the bargaining agent is not involved
in the actual representation of the aggrieved employee(s).
b) Within five (5) days of the meeting, the department head shall render a decision and shall immediately
communicate that decision in writing to the aggrieved employee(s), and to the bargaining agent. If
the decision is to deny the grievance, the reasons for denial shall be specifically stated.
CWA- 12
c) The aggrieved employee(s) may appeal the decision of the department head within seven (7) days
of receipt of the decision. The appeal shall be communicated in writing to the Personnel Director.
Failure to appeal the decision of the department head within seven (7) days shall constitute
acceptance by the aggrieved employee(s) and the bargaining agent of the decision as being a final
resolution of the issues raised.
STEP III
a) If the aggrieved employee and/or a representative of the bargaining unit appeals the decision, the City
Manager, or his/her designee, shall schedule a meeting to take place at a mutually agreeable time
not more than twelve (12) days after receipt of the appeal.
b) Within twelve (12) days of the meeting, the City Manager or his/her designee shall render a decision
and shall immediately communicate that decision in writing to the aggrieved employee and the
bargaining agent. If the decision is to deny the grievance, the reasons for denial shall be specifically
stated.
c) Failure to appeal the decision rendered in Step III within twelve (12) days by notice of intent to submit
to arbitration shall deem the decision at Step III to be final and no further appeal will be pursued.
Section 3.6. Arbitration. - If the employer and the aggrieved employee(s) and/or the bargaining agent fail
to resolve the grievance, the grievance may be submitted to final and binding arbitration by an impartial neutral
mutually selected by the parties.
a) Notice of intent to submit the grievance to arbitration shall be communicated in writing to the
office of the City Manager's designee for Labor Relations within twelve (12) days of the
receipt of the decision at Step III. Any request to go to arbitration on behalf of the employer
is to go to the Union President.
b) Within seven (7) days after written notice of submission to arbitration, the parties will attempt
to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator
to serve.
CWA- 13
If the parties are unable to agree upon an arbitrator or to obtain such a commitment within
the specified time, a request for a list of five (5) arbitrators shall be submitted to the Federal
Mediation and Conciliation Service. Both the City and the Union shall have the right to strike
two (2) names from the panel. The striking of names from the list of proposed arbitrators
shall be accomplished by having the parties alternately cross out names on the list.
A coin shall be tossed to determine who shall cross out the first name. The remaining person
shall be the arbitrator. The arbitrator shall be notified of his/her selection within five (5) days
by a joint letter from the City and the Union requesting that he/she set a time and place for
a meeting, subject to the availability of the City and the Union.
c) Prior to the commencement of the arbitration, the arbitrator may hold a pre-hearing
conference to consider and determine:
1. the simplification of the issues;
2. The possibility of obtaining stipulation of facts and documents that will avoid
unnecessary proof;
3. such other matters as may aid in the disposition of the grievance;
4. matters of jurisdiction or applicability.
d) The arbitrator shall have no right to amend, modify, ignore, add to, or subtract from the
provisions of this Agreement. He/She shall consider and decide only the specific issue
submitted to him/her in writing by the City and the Union, and shall have no authority to make
a decision on any other issue not submitted to him/her. The arbitrator shall submit in writing
his/her decision within thirty (30) days following close of the hearing or the submission of
briefs by the parties, whichever is later, provided that the parties may mutually agree in
writing to extend said limitation. The decision shall be based solely upon his/her
interpretation of the meaning or application of the express terms of this Agreement to the
facts of the grievance presented. Consistent with this Section, the decision of the arbitrator
shall be final and binding.
e) In the event that an employee desires, on his/her own behalf, to process his/her grievance
to arbitration, the bargaining agent reserves the right to intervene in the arbitration
proceeding up to and including the full right to participation as a party.
CWA- 14
f) All arbitration costs, including the cost of stenographic reporting of the arbitration hearing if
agreed to by the parties, shall be divided equally between the employer and the bargaining
agent, or if the bargaining agent has determined not to process the grievance through
arbitration, between the employer and the employee(s). Each party will pay the cost of
presenting its own case.
Section 3.7. Differences Concerninq Personnel Rules. - A difference of opinion with respect to the
meaning or application of the Personnel Rules which directly affects wages, hours, or working conditions may
be submitted by the employee or the Union President (or his/her designee) to the City Manager (or his/her
Representative) within ten (10) days after the occurrence of the event giving rise to the difference of opinion.
The Human Resources Director (or his/her Representative), and the City Manager (or his/her Representative),
shall discuss the matter with the employee and the Union Representative at a time mutually agreeable to the
parties. If no settlement is reached at this meeting, the employee retains his/her right to appeal to the
Personnel Board under the statutory procedures governing such appeals.
CWA- 15
ARTICLE 4
NO STRIKE AND NO LOCKOUT
Section 4.1. 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), Florida
Statutes.
Accordingly, the Union, its officers, stewards and other representatives agree that it is their continuing
obligation and responsibility to maintain compliance with this Article and the law, and to encourage and direct
employees violating this Article or the law to return to work, and to disavow the strike publicly.
Section 4.2. No Lockout. - The City will not lockout any employees during the term of this Agreement as a
result of a labor dispute with the Union.
CWA- 16
ARTICLE 5
MANAGEMENT RIGHTS
It is recognized that except as stated herein, it is the right of the City to determine unilaterally the purpose of
each of its constituent agencies, set standards of service to be offered to the public, and exercise control and
discretion over its organization and operations.
The Union recognizes the sole and exclusive rights, powers, and authorities of the City further include but are
not limited to the following: to direct and manage employees of the City; to hire, promote, transfer, schedule,
assign, and retain employees; to suspend, demote, discharge or take other disciplinary action against
employees for just cause; to relieve employees from duty because of lack of work, funds or other legitimate
reasons; to maintain the efficiency of its operations, including the right to contract and subcontract existing
and future work; to determine the duties to be included in job classifications and the numbers, types, and
grades of positions or employees assigned to an organizational unit, department or project; to assign overtime
and to determine the amount of overtime required; to control and regulate the use of all its equipment and
property; to establish and require employees to observe all its rules and regulations; to conduct performance
evaluations; and, to determine internal security practices; provided however, that the exercise of any of the
above rights shall not conflict with any of the express written provisions of this Agreement. The City agrees
that, prior to substantial permanent layoff of bargaining unit members, it will advise the Union.
If, in the sole discretion of the City it is determined that civil emergency conditions exist, including but not
limited to riots, civil disorders, hurricane conditions, or similar catastrophes, the provisions of this Agreement
may be suspended by the City Manager or his/her designee during the time of the declared emergency,
provided that wage rates and monetary fringe benefits shall not be suspended.
Should an emergency arise, the Union President shall be advised as soon as possible of the nature of the
emergency.
Nothing contained in this Agreement shall prohibit the implementation of personnel actions the City deems
necessary to comply with the Americans With Disabilities Act (ADA).
CWA- 17
ARTICLE 6
HOURS OF WORK AND OVERTIME
Section 6.1. Purpose. - This Article is intended to define the normal hours of work and to provide the basis
for the calculation and payment of overtime.
Section 6.2. 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.
Employees in Beach Patrol will work a four day, ten-hours per day (4-10) workweek except effective with the
commencement of Eastern Standard Time after October 1, 1993, when the Beach Patrol shall change from
the four-day, ten-hours per day (4-10) workweek to a five-day, eight-hours per day (5-8) workweek. Effective
with Daylight Savings Time, the Beach Patrol will change to a four-day, ten-hours per day (4-10) workweek.
The City may, on an as needed basis, supplement the Lifeguard workforce with such "temporary employees"
as outlined in Section 8.6.
Section 6.3. Normal Workweek. - The normal workweek shall consist of forty (40) hours per week, and such
additional time as may, from time to time, be required in the judgment of the City to serve the citizens of the
City. The workweek shall begin with the employee's first regular shift each week. No schedule changes
involving shifts or days off shall be made without at least ten (10) workdays' notice to the employees involved,
provided that in an emergency, or other such reason justifying a temporary schedule change only, such notice
as is practicable shall be given. The implementation of this provision shall not be arbitrary and capricious.
Section 6.4. Overtime. - It is understood that the City may require necessary and reasonable overtime for
unit members. For all hours worked in excess of forty hours during an employee's workweek, the City will pay
the employee one and one-half (1-1/2) times the employee's straight time hourly rate of pay. Annual and
Holiday leave shall be considered as time worked for the purpose of computing overtime; but, sick leave shall
not.
For all hours worked on an employee's seventh consecutive workday within his/her workweek, the City shall
pay two (2) times the employee's straight time hourly rate of pay, provided the employee has worked his/her
full shift on each of the six (6) preceding workdays.
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. If an employee, scheduled to work,
works more than his/her normal hours on a holiday, the excess hours shall be paid at the holiday rate.
CWA - 18
Section 6.5. Distribution of Overtime Opportunity. - Opportunity to work overtime shall be distributed as
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 shall mean length of continuous service with the
City. Overtime opportunities shall be accumulated on adequate records (which shall be available to the
employees) and offered overtime not worked shall be considered as worked in maintaining these records.
If any qualified employee establishes that he/she has not received his/her fair share of overtime opportunities,
such employee shall have first preference to future weekly overtime work until reasonable balance is
recreated. Employees who have been credited for overtime hours not worked shall not be discriminated
against with respect to future overtime opportunities.
Section 6.6. Holiday Celebration and Pay for Working on Holiday.
a) Whenever any of the holidays listed in Section 7.3. Holidays of this Agreement fall on a Sunday (or
Monday for employees whose regular day off is Monday), the following workday shall be observed as the
official holiday; whenever any of the above listed holidays occur on a Saturday (or Friday for employees
whose regular day off is Friday), the preceding workday shall be observed as the official holiday. In such
cases, the day on which the holiday is observed shall be considered to be the paid holiday and not the regular
day.
City celebrated holidays that fall on Tuesday, Wednesday, or Thursday, and said holiday is on the
employee's regular day off, then the employee shall receive a day's pay for said holiday, if they meet all of the
qualifications contained herein.
b) To be eligible for a paid holiday, an employee must report for scheduled work on the holiday, on the
last scheduled day preceding the holiday and the first scheduled day following the holiday unless such
absences are excused. Excused absences are defined as:
1 ) an employee calls in sick and is eligible to receive paid sick leave, and who
is granted sick leave usage;
2) approved annual leave;
3) floating holiday;
4) birthday.
c) Whenever an observed holiday occurs on an employee's scheduled day off and the employee does
not work thereon, the employee shall receive for his/her normal workday a straight time hourly rate of pay for
the holiday.
CWA- 19
d) Work on a holiday falling on an employee's regularly scheduled work day, he/she shall receive holiday
pay for the holiday and time and one half for the hours worked.
e) Should an employee be required to work on a holiday falling on his/her day off, he/she shall receive
holiday pay for the holiday and shall receive pay at double time and one half rate for the hours worked.
f) Failure to report for work on, before, after, or during the holiday after having been scheduled to work
on such holiday shall be just cause for denial of holiday pay.
g) A holiday which is observed during an employee's regularly scheduled workweek shall be considered
as time worked for the purpose of computing overtime.
Section 6.7. Rest Periods. Employees may take a rest period of fifteen (15) minutes for each half day of
work. Daily rest periods shall be scheduled by the supervisors. Whenever practicable, the rest period will be
scheduled approximately mid-point in the first one-half of the employee's regular work shift and in the
second-half of the employee's regular work shift. Employees who extend their rest period may be subject to
disciplinary action.
For each additional four (4) hours worked beyond the regular shift, an additional fifteen (15) minute rest period
shall be provided. Employees in PSCU shall enjoy a fifty (50) minute meal break and a ten (10) minute rest
period which, upon request of an employee and with the approval of the supervisor, will be combined into a
sixty (60) minute meal break.
Section 6.8. Reporting Pay. - An employee who reports to work as scheduled will be guaranteed eight (8)
hours of work or eight (8) hours of pay; (or, for those on ten-hour days, ten hours of work or ten of pay);
provided, however, that supervisors may assign employees to perform any reasonable work.
Section 6.9. Come Back Pay. - An employee who is scheduled or called in to work outside of his/her normal
hours of work will be guaranteed four (4) hours of work or four (4) hours of pay. It is understood that call-in
pay does not apply to work which is contiguous to his/her regularly scheduled shift. Employees who are
required to attend Court shall only be required to return to Division Headquarters if their Court appearance
has been scheduled during their normal workweek.
Section 6.10. Clean-Up Time. - At the end of the shift, skilled trades employees and members of the beach
patrol shall be allowed fifteen (15) minutes clean-up time; provided that they may also be required to perform
other work tasks during such time if it does not interfere with clean up. Pool guards shall receive five (5)
minutes clean-up time at the end of their shift.
Section 6.11. No Pyramidinq. - Premium pay and overtime shall not be paid for the same hours. The
employee shall receive the greater of the two alternative premiums.
CWA - 20
ARTICLE 7
WAGES AND FRINGE BENEFITS
Section 7.1. WacJes
Wacje Increase.
a) Effective with the payroll date of September 29, 1997, there shall be an across-the-board wage
increase of three percent (3%),
b) Effective with the payroll date of September 28, 1998, there shall be an across-the-board wage
increase of three percent (3%),
c) Effective with the payroll date of September 27, 1999, there shall be an across-the-board wage
increase of three percent (3%),
Effective on the date this Agreement is ratified by the City, the two-tier pay plan shall expire and be replaced
by the pay plan in Appendix A,
Employees hired under Tier B shall have their pay advanced by one step on September 14, 1998, two steps
on September 28, 1998, and two steps on September 27, 1999,
Section 7.2. Shift Differential. - Where a majority of an employee's regularly assigned shift hours fall
between 3:00 p.m. and 11:00 p.m., the employee shall receive a shift differential of forty cents ($40) per hour
for work performed after 3:00 p.m.
Where a majority of an employee's regularly assigned shift hours fall between 11:00 p.m. and 6:30 a.m., the
employee shall receive a shift differential of fifty cents ($50) per hour for work performed after 11:00 p.m.
Section 7.3. Holidays. - The following fourteen (14) days shall be considered as holidays but the City
reserves the right to schedule work on the holidays:
New Years' Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day,
Veteran's Day, Thanksgiving Day, the day following Thanksgiving, Christmas Day, 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.
CWA - 21
Section 7.4. Bereavement Leave. - In case of death in the immediate family of an employee, time off with
straight-time pay will be allowed of two (2) scheduled work days off per death. The immediate family shall be
defined as father, mother husband, wife, sister, brother, son, daughter, grandchild, grandfather, grandmother,
mother-in-law, father-in-law, stepfather, stepmother, stepson or stepdaughter. Additional time off may be
granted by the Department Head, in writing, chargeable to the employee's accrued sick or vacation leave.
In the case of a death of a member of the employee's family not herein specified but who lived with the
employee's family at the time of his/her death, consideration will be given to the employee's request to use
accrued annual leave or floating holidays to attend the funeral.
Section 7.5. Rate of Pay When Working Out of Classification. - An employee may be required to
temporarily work out of his/her classification when directed by management. Temporarily is defined as an
employee who is clearly and definitely performing the principal duties in a higher pay classification for more
than one hour per day, and they shall not exceed 580 hours in a 12-month period, and shall be paid as follows,
except at the sole discretion of the Human Resources Director, he/she may waive the 580 hour cap if in
his/her judgment, it will best serve the needs of the City service:
a) If he/she is temporarily working in a lower classification, he/she shall receive his/her hourly
rate in his/her regular classification. Employees will not be assigned to lower classification work as
punishment or to demean the employee.
b) If he/she is temporarily working for one or more consecutive hours in a higher paying
classification, he/she shall be paid an hourly rate of ninety cents ($.90) per hour to be added to the
employee's straight-time rate of pay.
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 7.6. Voting Time. Given the availability of alternatives such as absentee ballots, the past practice
of allowing paid time off for voting shall be discontinued.
Section 7.7. Meal Allowance. - An employee who works three (3) consecutive hours or more of pre-shift or
post-shift overtime shall be paid $6.00.
Section 7.8. Jury Duty. The City of Miami Beach shall permit employees either to keep payments received
from courts of competent jurisdiction for being on duty, or in the alternative, their standard rate of pay,
whichever is higher. For each day an employee is called to jury duty, he/she shall be excused from work for
such time as is necessary to complete jury duty services. If three (3) or more hours are left in the employee's
work shift upon release from jury duty, the employee shall immediately contact his/her immediate supervisor
for instruction.
CWA - 22
Section 7.9. Tool Allowance. Employees in those classifications who are required to provide their own
personal tools as part of the job duties shall be entitled to a $30.00 per month for the purchase of
new/replacement tools.
Section 7.10. Cleaning Allowance. - If required to wear a City uniform, persons employed in the following
public contact positions shall receive a uniform cleaning allowance of forty dollars ($40) monthly.
Building Inspector
Code Compliance Field Supervisor
Code Compliance Officer I and II
Electrical Inspector
Elevator Inspector
Engineering Inspector
Mechanical Inspector
Parking Enforcement Specialist I and II
Plumbing Inspector
Section 7.11. Uniform Provision. Persons employed in all divisions, including the Public Safety
Communications Unit (PSCU), who are compelled to wear City-issued uniforms shall be provided with six (6)
uniforms.
Those employees in the job classifications of Code Compliance Field Supervisor, Code Compliance Officer
I and II, and Parking Enforcement Specialist I and II will be given one (1) pair of shoes of quality material that
is comfortable and serviceable once per year. A second pair of shoes shall be provided if the previous pair
is not repairable and is turned in.
Lifeguards shall be provided with one (1) cotton sweat suit per year.
Uniforms will be issued on the following schedule:
a) Department Directors have from October 1 to October 30 to provide to the
Purchasing Division the uniform sizes needed.
b) Purchasing will have from November 1 to December 15 to work with the vendors.
c) The vendors will deliver the uniforms in the month of January of each year.
CWA - 23
Section 7.12. Insurance. The City shall continue to provide the present level of medical, hospital, and dental
benefits to bargaining unit members and their dependents, provided that the Union may seek alternative
coverage, if legal; and provided further that such alternate coverage, if obtained, does not result in increased
cost to the City.
The cost of life insurance and health benefits provided by the City, or a carrier contracted by the City, including
any increases in such costs which become effective during the term of this Agreement, shall continue to be
borne half (1/2) by the City and half (1/2) by the employee.
In the event of an increase in the cost of insurance, the City will notify the Union at least sixty (60) days prior
to the effective date of the increase (or fewer if the City had less notice) and the parties will meet at the
request of the Union to discuss alternatives to alter the cost or benefits or to secure a new carrier.
Section 7.13. 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 on or after November 1, 1976, will be eliminated.
Pensionable Compensation: Includes all compensation which is presently
(F.A.M.E.) included for employees who become members before November 1, 1976.
Eligibility for Service Age 50 with 5 years of service.
Retirement:
Definition of Dependents: 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 shaFe.
Amount of Monthly Service Three percent (3%) of the final average monthly earnings for each of the
Retirement Benefit: first 15 years of creditable service and four percent (4%) of FAME for each
year in excess of 15 years, provided the benefit is not in excess of ninety
percent (90%) of FAME.
CWA - 24
Employee Contribution Rate: Ten percent (10%) of salary on a pre-tax basis, consistent with the previous
labor agreement,
Effective with the previous labor agreement, the City modified the General Employees Pension System
Ordinance to provide for a bifurcated pension plan with all new employees hired on or after February 21, 1994,
being covered by either the City's new Pension Plan as outlined in the Green Report and discussed in the
previous 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.
Section 7.14. Retirement Window. - The parties agree to meet in the final year of the Agreement to discuss
a one-time early retirement window.
Section 7.15, Dispatchers--Public Safety Communications Unit (PSCU). - Effective with the start of the
payperiod following the date on which this Agreement is ratified by the City:
a) persons hired into the classification of Dispatcher Trainee at Step A will be advanced to Step
B after six (6) months of satisfactory service;
b) upon being certified by the Police Chief as being fully qualified to dispatch both Police and
Fire calls, a Dispatcher will receive a one-step increase while assigned to PSCU;
c) Dispatchers who are designated as certified training officers shall receive a one step increase
for each pay period in which they are assigned to and performing in a training capacity on a
full time basis.
CWA - 25
ARTICLE 8
GENERAL PROVISIONS
Section 8.1. 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 race, creed, color, religion, handicap, sex,
national origin, age, sexual orientation, marital status or political beliefs.
Section 8.2. Meetings Between Parties. - At the reasonable request of either party, the Union President,
or his/her representative, and the City Manager, or his/her representative, shall meet at least quarterly at a
mutually agreed time and place to discuss matters of concern. Whenever time permits, the party requesting
the meeting shall submit written notice of the subject matter to be discussed. Such notice shall be submitted
one week in advance of the proposed meeting date. Whenever the Union President, or his/her representative,
makes suggestions or recommendations to the City Manager, or his/her representative, specifically
concerning productivity of job safety, the City Manager, or his/her representative, will respond as appropriate.
Section 8.3. Reduction in Work Force. - When there is a reduction in the work force, employees will be laid
off in accordance with their length of service and their ability to perform the work available. When two or more
employees have similar ability, the employee with the least amount of service will be the first one to be laid
off.
Section 8.4. Work Rules. - The City will provide the Union with a copy of any written rules that are instituted
or modified during the term of this Agreement affecting employees in the bargaining unit. In the event the City
desires to alter, amend, or modify existing written work rules, or promulgate new written work rules, the
proposed changes will be submitted for review to a joint labor/management committee. The City shall have
two (2) representatives and the Union shall have two (2) representatives on this committee, which will make
recommendations to the City Manager. The proposed changes shall not become effective until a final decision
of the City Manager has been rendered.
Section 8.5. Probationary Employees. - A probationary employee who is dismissed without cause shall
have the right to discuss with the appointing officer the reasons for such dismissal at a mutually agreed to
time. Following such meeting, a probationary employee, if he/she so desires, shall have the right to further
review the reasons for such dismissal with the City Manager or his/her designated representative at a mutually
agreed to time. It is expressly understood, however, that the appointing officer retains the exclusive discretion
with respect to the retention or dismissal of probationary employees.
CWA - 26
Periods of absence shall cause the probationary period to be extended for an equal amount of time. At the
request of the appointing authority, the Human Resources Director may extend the probationary period for
up to three (3) additional months provided that the reasons for extension are given to the employee in advance
of the expiration of the initial probationary period. The City acknowledges the importance of giving timely
performance appraisals and feedback to probationary employees.
Section 8.6. '"Temporary Employees"'. - The City shall have the unrestricted right to hire up to thirty (30)
"temporary" employees in any bargaining unit position, provided they are not hired at the detriment of the
bargaining unit employees.
Temporary employees being utilized to fill in on short-term vacancies shall not be considered as a detriment
to the bargaining unit's employees. Such "temporary" employees shall be paid at rates set in the sole
discretion of management and a "temporary" employee's employment service may not exceed one (1)
continuous year at any one time.
"Temporary" employees may not work in a classification wherein a permanent Civil Service employee is laid
off. The City shall send the Union a report of "temporary" hires. "Temporary" employees shall not be covered
by Civil Service or Personnel Board Rules, and they shall serve at the will of their employer without right of
appeal or access to the grievance procedure contained herein, and they shall not receive any fringe benefits
or pension benefits. Terminated "temporary" employees may be re-hired if their separation is under honorable
circumstances.
Regarding the implementation of the thirty (30) Temporary positions, it is understood that those positions were
not limited to, but could be used to develop a cadre of employees who, on short notice, could serve as backup
for regular employees or for such things as vacancies caused by absences due to maternity, military leave,
sick leave, off-duty injury, on-duty injury, and work overload. The examples cited herein are not meant to be
all inclusive.
It is further recognized that employees who retire "in good standing" who may be interested in working on a
temporary, part-time basis, and should temporary work become available, the retired employees will have the
opportunity to make application for one of the temporary positions. Such part-time positions shall not be
covered by Civil Service rules or regulations, will have no fringe or pension benefits, and the salary shall be
at a rate determined by the City. Further, the temporary employees shall not have a choice of picking
schedules, but will be assigned by the City's management on an as needed, when needed, basis.
CWA - 27
Section 8.7. Political Activities of Employees. - Except as provided by State law and City of Miami Beach
Personnel Rule 1, (b), the City shall not make, adopt or enforce any rule, regulation or policy;
a) Forbidding or preventing employees from engaging or participating in politics or from
becoming candidates for public office;
b) Controlling or directing or tending to control or direct the political activities or
affiliations of employees.
It is understood that no political activities may be conducted by unit members during the employee's scheduled
work day.
Section 8.8. Safety. - The City agrees to provide, at no cost to the employee, any appropriate safety
equipment required to be worn or otherwise utilized by the employee. This shall include such items as hard
hats, gloves, etc. Those employees issued such equipment will be responsible for such safety equipment,
and any loss or damage due to the neglect of the employee may require the employee to pay for the
replacement of said City-issued equipment.
a) The City agrees to provide, upon request, up-to-date, non-glare screens for
computer terminals.
b) The City shall evaluate and provide, upon request, a wrist rest, which will
help alleviate the stress upon the hands and arms of those employees
performing repetitive motion, to all persons who type more than 50% of their
workday.
c) The City shall provide in each lifeguard stand a modern voice amplifier
(bullhorn) to be used in providing safety.
d) The City will provide appropriate self-defense training to all Parking
Enforcement employees.
e) The Union is encouraged to have its members volunteer to serve on the
Department Safety Committees that are being organized in each City
Department. The bargaining unit member serving on the City's Safety
Committees will not suffer any loss of benefits or wages for attendance at
regularly scheduled meetings during regular scheduled work time. No
overtime will be paid for attendance at such meetings.
f) If there is a central, City-wide Safety Committee, the Union's President may be a
member if he/she so requests.
CWA - 28
Section 8.9. Parking. - The City shall provide seventeen (17) parking spaces at a lot comparable to Lot No.
7-D for the exclusive use of on-duty Lifeguards. Such parking spaces shall be clearly marked. This Section
may become moot if the Lifeguards are able to work out a reporting system that would allow them to proceed
directly by their private vehicles to their respective lifeguard stands.
Section 8.10. Glasses and Pith Helmets. - The City agrees to reimburse Lifeguards and Pool Guards I and
II for the purchase and/or repair of sunglasses up to a maximum allowable reimbursement of $50.00 per
employee in each fiscal year.
In order to be reimbursed, the employee must request a reimbursement, in writing, and attach a store receipt
reflecting such purchase and/or repair. The City reserves the right to refer employees to a particular store
for the purchase and/or repair of glasses.
Those Metered Parking Enforcement Specialists and Parking Meter Technicians who elect to purchase an
authorized pith helmet will be reimbursed up to $25.00.
Section 8.11. Notification in the Event of Transfer or Contracting Out. - When the City contemplates
entering into a contract with an outside supplier or service agency to perform services presently being
performed by the Bargaining Unit employees, the City agrees that it will, within ten (10) days thereafter, meet
and discuss with the representatives of the Union both the decision to contract and the effect of such contract
upon members of the Bargaining Unit. Such discussions will include a review of any cost analysis done by
the City and will occur prior to the execution of such a contract. No contract shall be entered into until the City
and the Union have participated in a good faith discussion of all the issues related to the decision to contract
and its effects.
If the City enters into such a Contract and, as a result thereof, an employee will be laid off, the City agrees
such employee shall be entitled to first consideration by the Contractor for any available work.
In the event that the employee is not employed by the Contractor, the City will offer such employee another
available job with the City, if there is a budgeted vacancy and the employee affected by the subcontracting
is qualified to perform. Questions of qualification to perform the job duties shall be decided in the sole
discretion of the Human Resources Director.
If there are no jobs available, the Reduction in Force provision contained in this Agreement shall apply,
provided that such laid-off employee shall be recalled to work before the City hires new, permanent employee
to perform the work of the classification held by the employee at the time of the layoff.
CWA - 29
This recall right shall exist for up to the individual's total service time with the City, but not to exceed two (2)
years after the date of the person's layoff date, but such recall right shall cease as of two (2) years after layoff,
or if the employee does not return to work as scheduled if he/she is offered a recall notice prior to the two (2)
years.
It shall be the responsibility of the laid-off employee to notify the Human Resources Department when
technical skills, training, and experience have been enhanced during the lay-off period, which may allow the
individual to apply for another bargaining unit job with the City.
Nothing in this Section will be construed to limit the Union's right to bargain concerning the identified impact
or effects of subcontracting out or transferring upon Bargaining Unit members.
Section 8.12. Drug and Alcohol Testinq. - The City and the Union agree that employees covered by their
collective bargaining agreement may be required by the City to undergo urinalysis or blood testing only if there
is reasonable belief of drug or alcohol usage or upon the taking of an otherwise required physical examination.
Section 8.13. Stress Reduction/Police Department's Public Safety Communications Unit - Those
employees covered by this Agreement who work in the Miami Beach Police Department Communications Unit,
will be given a stress reduction training program provided by the City. Such stress training will be a one-day
stress seminar as given to sworn officers. Should an employee and/or management supervisor believe that
an employee might benefit by being referred to the City's Employee Assistance Program (EAP), then the
employee will be referred consistent with current policies. If an employee needs help beyond that offered by
the EAP, then the EAP may require a visit to the firm of Axelberd & Valle for consultation.
Section 8.14. Bulletin Boards - The Union may, at its own expense, place a bulletin board in each
department, not to exceed approximately three feet by two feet (3' x 2') in size. The Bulletin Boards shall be
used for posting the following notices only:
a) Notices of Union Meetings.
b) Notices of Union Elections.
c) Reports of Union Committees.
d) Recreational and Social Affairs of the Union.
e) Any material of informational nature related to CWA.
Prior to posting, the material as described above shall be signed by an elected officer of the Union and
submitted to the Assistant City Manager/Labor Relations, or his/her designee, for signature.
CWA - 30
Materials, notices or announcements which contain anything political or controversial that might reflect upon
the City, any of its employees, or any other labor organizations among its employees, or any materials,
notices, or announcements which violate any of the provisions of this Section, shall not be posted.
Any materials that are posted which are not in conformance with this Section may be removed at the
discretion of the City.
Section 8.15, Seniority
a) Definition: Seniority, for purposes of application of this Agreement, is an employee's length of
regular, full-time, continuous service with the City.
b) When vacations are scheduled, permanent vacancies or shifts are filled, promotions are made to a
position within the bargaining unit, seniority shall apply when all other factors are equal.
c) Seniority will not apply in an emergency situation.
Section 8.16. Safety Shoes. -Employees in the following job classifications will be required to wear safety
shoes during all working hours. Effective on October 1, 1998, and once each year thereafter during the term
of this Agreement, a safety shoe certificate for up to fif~/-five ($55.00) will be provided to the employees in the
following job classifications for the purchase of safety shoes. Effective on October 1,1999, the shoe
certificate shall be increased up to sixty dollars ($60.00), Safety shoes must meet the ANSI Z4 Federal Safety
Standards.
Reporting to work without the required safety shoes shall result in the employee being sent home without pay,
immediately, for the balance of the day and may result in disciplinary action.
Air Conditioning Mechanic
Building Inspector
Carpenter
Civil Engineer I, II,
Coin Room Money Handler
Electrical Inspector
Electrician
Elevator Inspector
Engineering Assistant I, II, III
Mason
Masonry Helper
Mechanical Inspector
Painter
Parking Meter Technician I, II
Plumber
Plumber Inspector
CWA - 31
Section 8.17. Labor Management Committee. - There shall be a four (4) member labor/management
committee with two (2) members each appointed by the CWA President and the City Manager. The
committee shall meet at mutually agreed times to discuss matters of common interest such as critical incident
debriefing, absenteeism control, etc. The labor/management committee is not a forum for collective
bargaining or resolving specific grievances.
Section 8.18. Promotions. - Within 120 days of the date the Agreement is ratified by the City, the
Labor-Management Committee will meet to discuss selection procedures relative to promotions of bargaining
unit employees to other bargaining unit positions.
Section 8.19. Beach Patrol Promotions. - Prior to the end of calendar year 1998, the parties agree to meet
to discuss Beach Patrol promotion practices for the positions of Lifeguard II and Lifeguard Lieutenant.
Relative to that issue, the parties agree as follows:
1 ) Eligible applicants for promotional exams shall be given a written and an oral examination.
2) Applicants must pass an ocean swim test under reasonably common conditions. Conduct of the swim
test shall be monitored by Human Resources.
3) Applicants must have received at least a satisfactory evaluation in each element of their most recent
performance review to be eligible to take the promotional examination.
4) The written tests shall be developed under the direction of Human Resources. The reading list for
examination materials from which the questions are drawn will be set by the Human Resources Director after
consultation with the Department Director and the Union. Any reading lists will be posted at least thirty (30)
days prior to the administration of such tests. A copy of an examinee's graded answer sheet shall be
furnished to the examinee upon completion of the grading, if requested. All challenges of questions on the
written tests must be made in writing to the Human Resources Director within two (2) working days of the
testing dates and he/she shall conclusively decide the challenge.
5) For the oral tests, questions shall be job related and evaluators shall use common criteria to assess
the quality of candidates' answers and to determine scores. Final scores on oral examinations shall be the
average of all scores made by evaluators.
6) Oral test evaluators shall be knowledgeable of the target position, shall include at least one person
who is not a City employee, and shall be selected by Human Resources.
7) Promotional lists shall expire two (2) years after the posting of the results of a promotional test or
where lists have been combined, two (2) years after the combining of the old and new lists.
CWA - 32
ARTICLE 9
WAIVER AND ENTIRE AGREEMENT
The Union acknowledges that during negotiations resulting in this Agreement, it had the right and opportunity
to make demands and proposals with respect to any and all subjects not removed by law from the area of
collective bargaining and that the complete understanding and agreements arrived at by the parties after
exercise of that right and opportunity are set forth in this Agreement. Therefore, the Union waives the right,
during the term of this Agreement, to bargain collectively with respect to any subject or matter referred to or
covered in this Agreement, and it particularly waives the right to bargain over the City's exercise or any of its
management's rights set forth in Article 4 of this Agreement, e.g., changing work hour schedule, transferring
employees, laying off employees, etc.
The parties intend that this Agreement shall constitute the sole source of their rights and obligations from and
to each other for its term either by specific provision or by silence. If the Agreement does not prevent it, the
City may take any action (or fail to take any action) it desires and shall have no obligation to bargain with the
Union concerning the taking, or not, of the action; but may take unilateral action at the time it desires. The
Union does not waive, and shall retain its right, to bargain with the City over the impact of any action taken
by the City not set forth in this Agreement, but such impact bargaining shall not serve to delay management's
action until agreement or impasse is resolved concerning the impact at issue.
This Agreement may be amended by mutual agreement of the parties but any amendments must be in writing
and signed by duly authorized representatives of the parties before it will be effective.
CWA - 33
ARTICLE 10
RECOGNITION
Section 10.1. Representation and Barcjainincj Unit. - The City recognizes the Union as the sole and
exclusive representative of all employees in the unit described below.
Section 10.2. Unit Description. - All regular, full-time employees in the following classified job descriptions,
excluding all managerial, supervisory, confidential, temporary, and casual employees, and employees
currently represented in other certified bargaining units:
Account Clerk I, II, &III Electrical Inspector
Administrative Aidel & II Electrician
Administrative Assistant I Elevator Inspector
Administrative Secretary Engineering Assistant I, II, & III
Air Conditioning Mechanic Engineering Inspector
Building Inspector Lifeguard I & II
Buyer Lifeguard Lieutenant
Carpenter Mason
Civil Engineer I & II Masonry Helper
Clerk Mechanical Inspector
Clerk Typist Painter
Code Compliance Field Supervisor Parking Enforcement Specialist I & II
Code Compliance Officer I & II Parking Meter Technician I & II
Coin Room Money Handler Permit Clerk I, II
Commission Reporter I & II Planner
Communications Operator Planning Technician
Complaint Operator II Plumber
Crime Analysis Specialist Plumbing Inspector
Data Entry Clerk Pool Guard I & II
Dispatcher
Dispatcher Trainee
Duplicating Equipment Operator
Inclusion of I.D. Technician I & II and Public Safety Specialist I & II in the bargaining unit is dependent on
decision by PERC.
The City and the Union agree that in the event the City creates a new job classification within the bargaining
unit, or substantially changes a job classification which remains within the bargaining unit, or combines job
classifications within the bargaining unit, the City will bargain with the Union upon request concerning the
appropriate rate of pay for the new, changed, or combined job.
Until agreement is reached or impasse is resolved, affected employees will be paid as determined by the City.
Upon agreement as to the rate of pay for the new, changed, or combined job(s), the agreed rate shall be
retroactive to the date that the Union's request for negotiation was received by Management.
CWA - 34
ARTICLE 11
SAVINGS
If any provisions of this Agreement are subsequently declared by the proper legislative or judicial authority
to be unlawful, unenforceable or not in accordance with applicable statutes or ordinances, all other provisions
of this Agreement shall remain in full force and effect for the duration of this Agreement. Upon issuance of
such a decision or declaration which is not appealed by either party, the parties shall, following a request by
either party, negotiate in good faith on a substitute article, section or portion thereof.
CWA - 35
ARTICLE 12
TERM OF CONTRACT
This agreement shall be become effective upon City Commission approval, and shall remain in effect until the
30th day of September, 2000, It shall be automatically renewed thereafter from year to year unless either
party shall notify the other in writing sixty (60) days prior to the anniversary date that it desires to modify this
Agreement. In the event such notice is given, negotiations shall begin not later than thirty (30) days prior to
the anniversary date of the Agreement.
CWA - 36
Exercised by the parties hereto on the L/77~ day of//VDU~')F/,~r~-, 1998.
COMMUNICATIONS WORKERS OF AMERICA CITY OF MIAMI BEACH
By: Bett___~ ~ By: /(tlo Rodriguez
Chief Negotiator/CW~ ager
- Susan Smith
CWA President
Approved by vote ofthe City Commission,//~c/e'F/4/~6-tL V' , 19 ~2 .
Neisen Kasdin
Mayor
ATTEST:
Robert Parcher ApI~ROVED AS TO
City Clerk FC)I~A & LAf,IGUAGE
RWB: Isg &FOR EXECUTION
a:CWA-CTR-97/CWA97-20. FNL
CWA - 37
COMMUNICATIONS WORKERS OF AMERICA
LOCAL 3178
ELECTION OF REMEDY FORM
Grievance No.
This form must be completed and signed at the first step of the grievance procedure.
Employee must elect, sign, and date only one 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 Communications
Workers of America (CWA). I understand that this choice precludes my
utilization of Option Number 2.
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
and Communications Workers of America (CWA). Any resolution of a
grievance from another forum cannot be inconsistent with the terms of the
collective bargaining agreement that is in effect.
Signature Date
CWA - 38
APPENDIX A
CWA - 39