Contract w/ AFSCMEao~o-~ a~ ~, ~ .
CONTRACT
Between
CITY OF MIAMI BEACH, FLORIDA
and the
AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES, AFSCME LOCAL NO. 1554.
May 1, 2010 -April 30, 2013
AFSCME i
TABLE OF CONTENTS
CONTRACT PAGE
WITN ESSETH ..............................................:.................................: - - ............................... 1
ARTICLE 1 RECOGNITION
..
Section 1.1 Representation ....................................:.....:.................................:...... 2
Section 1.2 Bargaining Unit ........................:.........-......:........................:..:............ 2
Section l.3 Communications ...............................................................................:. 3
Section 1.4 Rights of Individuals ....................:........
. ...........................................
3
ARTICLE 2 DEDUCTION OF UNION DUES
Section 2.1 Checkoff ...........................................................::............................... 5
Section 2.2 Indemnification ............................. ..............
....................................... 5
ARTICLE 3 EQUAL EMPLOYMENT OPPORTUNITY
Section 3.1 No Discrimination ..........................:.................................................... b
Section 3.2 Affirmative Action ................................................................:.............. b
Section. 3.3 Examinations ..................................................................................... 6
ARTICLE 4 GRIEVANCE PROCEDURE
Section 4.1 ~ Definition of Grievance & Time Limit for Filing ....................................... . 7
Section 4.2 Grievance Procedure ..........:........................:..................................... . 7
Section 4.3 .Binding Arbitration .................:..........................:............................... . 9
Section 4.4 Authority of Arbitrator ........................................................................ . 9
Section 4.5 Expenses of Arbitration ................................................:...................... . 9
Section 4.6 Election of Remedies ..........:.........................:....:........................:....... . 9
Section 4.7 Grievances Involving Discipline ................._..........:...........-...-....-...:.-.. 10
Section 4:8 Union Stewards ...............................:............................................:... 10
Section-4.9 Grievance Meetings ......................................:................................... 1 1
Section 4.10 Union Representation ................:.........................._............................ 1 1
Section 4.11 Union Time Bank .................
..........................................................
12
Section 4.12 Employee Rights During Meetings`or Interviews ................................... 12
ARTICLE 5 NO STRIKE OR LOCKOUT
Section 5.1 No Strike .............
............................................................................ 13
Section 5.2 No Lockout ....................................................................................:. 13
ARTICLE 6 MANAGEMENT RIGHTS ........: ...................................................... 14
ARTICLE 7 HOURS OF WORK AND OVERTIME
Section 7:1 Purpose ................................................................:......................:... 15
Section 7.2 Normal Workday .............:............................................................... 15
Section 7.3 Normal Workweek .......................:................................................... 15
Section 7.4 Weekly Overtirne .........................,........:.............._........................... 15
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Section 7.5 Distribution of Overtime Opportunity ................................................... 15
Section 7.6 No Pyramiding ................................................................................ 16
Section 7.7 Paid Leave as Time Worked for the Purpose of Computing Overtime .......... 16
Section 7.8 Rest Periods ..................................................................................... 16
Section 7.9 Seventh Consecutive Day of Work ...................................................... 16
Section 7.10 Skiff Starting Time ......................................................:..................... 16
Section 7.1 1 Reporting Pay .....................................................:........................... 17
Section 7.12 Call-In and Call-Back Pay .................................................................. 17
Section 7.13 Work Schedule ............................................................................... 17
Section 7.14 Standby .............._.................._..............,.........................:............... 17
ARTICLE 8 WAGES AND FRINGE BENEFITS
Section 8.1 Wages........._ ...................................................................._............. 18
Section 8.2 Shift Differential .....:.......................................................................... 19
Section 8.3 Holidays ..................................
........................................................
20
Section 8.4 Holiday Pay ..................................................._...:............................. 20
Section 8.5 Rate of Pay When Working Out of Classification ................................. 20
Section 8.6 Uniforms ........:............:.................................................................... 21
Section 8.7 Safety Shoes .................:.:..............................................:................. 22
Section 8:8 Vacation Benefits.._ .......................................................:.................. 23
Section 8.9 Meal Allowance ...............................:.............................................. 23
Section 8.10 Jury and Witness Duty ...........:......................... ..........
....................... 23
Section 8.1 1
. ...........................
Tool Allowance .................._....................... .......... 24
Section 8.1.2 Bereavement .........................................:......................................... 25
Section 8.13 Pay Periods ..................................
...................................................
25 .
Section 8.1.4 Injury Service Connected ....................
............................:................. 25
Section 8.15 .
Certificates ......................................................:............................... 26
Section 8.16 Pay for Hazard Duty ............:............................................~............... 26 .
Section 8.17 Changes in .Benefits ..........................................:.................:............ 26
Section 8.18 Pension, DROP, Retiree Health .........................:.::.......................... .27
Section 8.19 Training and Training Programs ........................................................ 28
Section 8.20 .Skill Pay Supplement ...............................................:......................... 29
Section 8.21 Health Insurance .............................................................................. 29
Section 8.22 Essential Personnel (Hurricane Pay) .....................................:.............. 30
Section 8.23 Landfall Team ................:.........................................................: 30
ARTICLE 9 SENIORITY
Section 9.1 Definition ........................................................................................ 32
Section 9.2' Layoffs ........................................................................................... 32
Section 9.3 Recalls ............................................................................................ 33
.Section 9.4 Break in Seniority ...............................................:...:........................ 33
Section 9.5 Seniority Lists .........:........................................:........:...................... 34
Section 9.6 Union Officer Continuation of Duties .................................................. 34
.Section 9.7 Promotions ...................:.................................................................. 34.
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TABLE OF CONTENTS (Continued PAGE
Section 9.$ Demotions .........................................................:................................ 34
Section 9.9 Preference for Out of Class Assignments ..............................:..........:....... 35
Section 9.10 Shift Preference ................................................................................... 35
Section 9.1.1 Temporary Employees ...................................................._..................... 36
Section 9.12 Vacation and Emergencies ....................:.......................................... 36
ARTICLE 10 GENERAL PROVISIONS
Section 10.1 Work Rules ...............:......................................................:.................. 37
Section 10.2 Clean-up Time ....:....................................:...:....................................... 37
Section 10.3 Safety ....................._............._.............:.......................................:...... 37
Section 10.4 Safety Glasses ............:........................................................................ 38
Section 10.5 Safety Equipment ........................................................................... 38
Section 10.6 Emergency Medical Attention ................................................................ 38
Section 10.7 Transportation. of Employees ............
................ ...................................
38
Section 10.8 Transfer ............................................................................................... 39
Section 10.9 Civic. Duty ...........:..........:..................................................................... 39
Section 10.10 Unpaid Leaves .....................................................................:.............. 39
Section 10.11 Negotiation Pay ...........................:...................................................... 39
Section 10.12 Contracting & Subcontracting of Public Works ......................................... 39
Section 10.13 Sick & Vacation Leave Accrual & Maximum Payment on Termination .......... 41
Section 10.14 Perfect Attendance $onus .......................................::...............:............. 42.
Section 10.1.5 Changes in Job Specifications & New Classifications ...:...............:.......... 42
Section 10.16 Opportunity for Advancement ..............................................:.....:......... 42
Section 10.17 Union Conventions .............................................................:............... 42.
Section 10:18 Educational Leave .......................................................................:...:... 43
Section, 10.19 Meetings Leave ................................................................................... 43
Section 10.20 Union Bulletin Boards ........................................................................... 43
Section 10.21 _ Labor/Management Committee ................:........................................... 44
Section 10.22 Me Too and Re-openers ........................:....:.......................................... 44
ARTICLE 1 1 DRUG AND ALCOHOL TESTING
Sections 1 1.1 - 1 1.b .......................:......................:............................ 45
Sections 1 1.7 - 1 1.8 ........:.................................................................. 46
ARTICLE 12 SAVINGS ......................................................................................... 47
ARTICLE 13 ENTIRE. CONTRACT .............:............................:....:......:.......:.:......... 48
ARTICLE 14 TERM OF CONTRACT ................................................................... 49
EXECUTION ...........................................................................................:...:........... 50
ELECTION OF REMEDY FORM ..: ............................................................................. 51
APPENDIX: HEARING EXAMINER RULES .................................................................. 52
AFSCME iv
CONTRACT
THIS CONTRACT, made and entered into this day of 2010, by
and between the CITY OF MIAMI BEACH, FLORIDA, (herein called the "City"J, and the AMERICAN
FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES UNION, LOCAL 1554,. (herein
called the "Union").
WITNESSETH:
WHEREAS, this Contract has as its purpose the promotion of harmonious relations between the
City and the Union and the negotiation of wages, hours, and working conditions to be in effect during
the term(s) of this Contract; and
WHEREAS, the rights, obligations, and authority of the parties to this Contract are governed
by and subject to the laws of the State of Florida;
NOW, THEREFORE, the parties agree with each other as follows:
AFSCME 1
ARTICLE I
RECOGNITION
.Section 1.1. Representation. Pursuant to and in accordance with all applicable provisions of
Chapter 447, Part II ofthe Florida Statutes, the City recognizes the Union as the exclusive bargaining
representative for all employees included in the bargaining unit of Local 1554, for the purpose of
collective bargaining concerning wages, hours of work and other terms and conditions of
employment.
Section 1.2. Bargaining Unit. The bargaining unit of this local union has been determined by
the Public .Employees Relations Commission to be appropriate for the purposes of collective .
bargaining. Certificate No. 379 was issued to Local 1554 on January 9, 1978. The bargaining unit
of this local union includes all classifications listed below:
Assistant Pumping Mechanic
Building Supervisor
Building Services Technician
Central Services Technician
Control Room Operator
Concession Attendant
Customer Service Representative.
Diesel Generator Mechanic
Fire Equipment Mechanic
Fleet Service Writer
.Fleet Service Representative
Heavy Equipment Operator I and II
Ice Rink Technician
Irrigation System Supervisor
Mechanic I, II, and III
Municipal Service Worker (, II, and III
Municipal Service Worker Trainee
Museum Guard
Park Supervisor
Pest Control Supervisor
Pumping Mechanic '
Recreation Leader I
Recreation leader II
Recreation Program Supervisor
School Guard
.Sewer Pipefitter
Sewer Supervisor
Sign Maker .
Storekeeper I, II, and .III
Storekeeper/Mechanic
Street Lighting Technician I and II
Street Supervisor
Tree Maintenance Supervisor
Tree Trimmer
Waste Collector
Waste Driver Supervisor
Water Meter Technician I and II
Water Pipefitter
Water Supervisor
The parties agree that they will periodically review the job classifications and, if appropriate, file a
joint petition to Public Employees Relation Commission {PERC) to determine which positions should be
in or out of the bargaining unit.
AFSCME 2
Section 1.3. Communications
a) All official union communications from the City shall be sent to the Union's designated .address,
telephone or email. An official AFSCME letter will be provided by AFSCME to notify the City of
these designations.
b) All official City communications from the Union shall be sent to the City Manager's designee for
Labor Relations. .
Section '1.4. Rights of Individuals
a) A union member shall be entitled to Union representation in accordance with the provisions of this
Contract at each and every step of the grievance procedure set forth in this Contract.
b) All references to "employees" in this Contract shall mean both sexes, and where the male gender
is used, it shall be consfirued 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 kie
no discrimination,. interference, restraint, or coercion by the Cityagainst any employee because of
Union membership or Union activity. There shall be no discrimination, interference, restraint,
coercion by the Union against any employee because of non-union membership.
c) No mechanical recording devices of any kind shall be used in discussions between department
heads, division heads, or supervisors and employees unless the parties mutually agree otherwise.
It is specifically understood that this subsection shall not in any way apply to any City board.
d) During an entrance interview, no prospective new employee who would be covered by this
Agreement shall be questioned concerning his/her feelings, pro or con, toward the Union.
e) Upon reasonable request, an employee or his/her Union representative designated in writing shall
have the right to review his/her personnel file maintained by the Human Resources Department (or
by the Division) in the presence of an appropriate representative of the Human Resources
AFSCME 3
Department or Division Management. Employees shall be provided with a copy of any documents
placed in his/her personnel file which adversely reflect on an employee's work performance. If
requested by the employees, his/her supervisor will discuss the documents with him/her. The
employee shall be allowed to .place in his/her personnel file a response of reasonable length to
anything contained therein which the employee deems to be adverse. It is specifically understood,
that this provision shall not in any way alter or modify the Personnel Rules concerning tests or
examinations and the period of time which an employee has to review tests or examinations which
he/she has taken.
f) Nothing contained in this Contract shall abridge the rights of individual employees or the
employer under Florida law
g) Upon request, Human Resources will provide to the Union President a monthly list of new hires in
bargaining unit positions.
,AFSCME 4
ARTICLE 2
DEDUCTION OF UNION DUES
Section 2.1. Check off. 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 biweekly Union dues of such employees
from their pay and remit such deductions to Council 79 Business Manager (provided address agreed)
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 (30J days written .notice to the City and
the Union. The Union wilC notify the City thirty (30J days prior to any change in its dues structure.
The Union shall pay, during the term of this Agreement the amount of one hundred dollars ($100.00);
annually as a service charge for implementing and processing the above stated dues deductions. The
Union shall make the payment on or before April 1 of each year of the Agreement.
.Section 2.2. Indemnification. The Union agrees to indemnify and hold the City harmless against
any and all claims, suits, orders or judgments brought or issued against the City as a result of any
action taken or not taken by the City under the provision of this Article.
AFSCME 5
ARTICLE 3
EQUAL EMPLOYMENT OPPORTUNITY
Section 3.1. No Discrimination. In accordance with applicable Federal and State law, the City
and the Union agree not to discriminate against any employee as defined in federal, state, and
municipal ordinances.
Nothing contained herein shall serve as a barrier for the implementation by the Ciry of any such
personnel actions as deemed necessary to comply with the Americans With Disabilities Act.
The development of job specifications that delineate those duties that are the required, essential tasks
of each job for the purpose of the Americans With Disabilities Act (ADAM, shall not be considered
discriminatory or be grievabce under the terms of this Contract.
This section does not preclude any bargaining unit employee from pursuing any appeal he/she may
have under the Civil Rights Act.
Section'3.2. Affirmative 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 be subject to the grievance procedure up to Step III of the
grievance procedure of this Contract, however, questions or complaints concerning examinations may
be brought directly to the City Manager's designee for Human Resources.
AFSCME 6
ARTICLE 4
GRIEVANCE PROCEDURE
Section 4.1. Definition 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 the grievance, on the Grievance Form as provided by the City, to the
supervisor designated for this purpose by the City, and if the employee wishes,
he/she shall be accompanied by his/her Union Steward.
If no settlement is reached, the supervisor shall give the City's written answer
within five (5) working days after such presentation. The Election of Remedy Form
as agreed herein shall be completed and submitted with the Step 1 grievance.
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 Department Head within three (3) working days after the Supervisor's answer
in Step 1 and shall be signed by the employee and/or the Union Steward. The
Department Head, or his/her. Representative, shall discuss the grievance within
three (3) working days with the Union Steward at a time mutually agreeable to
the parties.
AFSCME 7
If no settlement is reached, the Department Head, or his/her Representative, shall
.give the City's written answer to the Union within three (3) working days following
their meeting. Grievances processed without the completed, signed Election of
Remedy form attached will be considered as withdrawn, and will be returned to
the Union President or the Grievants)
STEP 3: If the grievance is not settled in Step 2 and the Union and/or the employee
desires to appeal, the Union President or his/her designated Representative
and/or the employee shall appeal in writing to the City Manager`s designee for
Labor Relations, within three (3) working days after the designated Department
Head's answer in Step 2. A meeting between the City Manager's designee for
Labor Relations, 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's designee for Labor
Relations 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.
The City grid the Union hereby agree that this procedure and the arbitration procedure set forth in
.Section 4.3 shall be the sole and exclusive method for interpreting and enforcing this Agreement,
except in matters over which the City's Personnel Board or Hearing Examiner has jurisdiction (See
Sections 4.6). Except as otherwise provided herein, the Union shall have the exclusive right to
represent all employees and to control the submission of grievances to arbitration. In accordance with
its obligation to fairly represent employees, the Union shall be authorized to withdraw, abandon or
settle any grievance at any time.
AFSCME 8
Section 4.3. Binding Arbitration. If the grievance is not resolved in Step 3 of the grievance
procedure, the Union, on behalf of the employee(s) who filed the grievance, may refer the grievance
to binding arbitration within five (5) working days after receipt of the City's answer in Step 3. The
parties shall attempt to agree upon an arbitrator within ten (10) working days after receipt of notice of
referral and in the event the parties are unable to agree upon an arbitrator within said ten (10)
workday period, either or both parties may request the Federal Mediation and Conciliation Service to
submit a panel of five (5) arbitrators. Both the City and the Union shall have the right to strike two
names from the panel. The parties shall alternately strike one name at a time. The remaining person
shall be the arbitrator. The arbitrator shall be notified of his/her selection within five (5) working days
by a joint letter from the parties requesting that he/she advise the parties of his/her availability for a
hearing.
Section 4.4. Authority of Arbitrator. The arbitrator shall have no right to amend, modify,
ignore, add to, or subtract from the provisions of this Contract. He/She shall consider and decide
only the specific issue submitted to him/her in writing by the parties, and shall have no authority to
make a decision on any other issue not so submitted to him/her. The arbitrator shall submit in writing
his/her decision within thirty (30) days following close of the hearing or the submission of briefs by the
parties, whichever is later, provided that the parties may mutually agree in writing to extend said
limitation. The decision shall be based solely upon his/her interpretation of the meaning or
application of the express terms of this Contract to the facts of the grievance presented. Consistent
with. this section, the decision of the arbitrator shall be final and binding.
Section 4.5. 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.
Section 4.6. Election of Remedies. Disciplinary actions may be grieved under the
grievance/arbitration provisions contained in this Article or to a Hearing Examiner, who shall be
AFSCME 9
selected by utilizing the procedures outlined in Section 4.3 of this Article. Disciplinary actions that
may be appealed through the Hearing Examiner. process include only removals, suspensions or
demotions. A grievance involving the interpretation or application of this Agreement may be grieved
solely under the grievance/arbitration provisions contained in this Article. Grievances regarding
certain non-disciplinary matters, such as disagreements as to the waiving or application of changes to
personnel rules or other work rules or policies may be filed via the Personnel Board procedures. The
decision of the hearing officer shall be final and binding.. The cost of a Hearing Officer shall be paid
by the City. Any proceedings before the Hearing Examiner shall be conducted pursuant to the
attached Hearing Examiner Rules.
Section 4.7 Grievances 'Involving Discipline. Discipline shall only be for cause but shall not
include informal counseling or oral reprimands that are not written up and placed in the employee's
Personnel file. Written reprimands, suspensions, and dismissals shall be considered discipline. Any
employee who has completed the working test period (probationary period) and who is disciplined
may file a grievance concerning same. Grievances- involving disciplinary actions, may be filed at
Step ,II of the grievance process as set forth in Section 4.2 or, if applicable, through the Hearing
Examiner process as stated in Section 4.6. Written reprimands may only be grieved through Step III
of this procedure. -The City will review and consider the length of time of previous reprimands as part
of the progressive discipline process.
Section 4.8. Union Stewards. Union Stewards shall be designated by the Union. The Union
shall be entitled to 18 Stewards distributed as follows:
Sanitation 3
Parks Maintenance 2*
Fleet Management 2*
Water/Sewer 2
Streets and Streetlights 1
Property Management ~ 1
Recreation 8~ Parks Department & Bass Museum 4
Parking Department 1
Chief Steward (Police Department) 1
Fire Support 1
* Each at a different location.
AFSCME 10
The Chief Steward (or President) 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 to the Supervisor in the case of an urgent matter); 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 4.9. 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 .4.10. 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). In
addition, the union shall be notified of all proposed grievance settlement with any bargaining unit
member in writing .prior to~the final disposition of a settlement agreement.
The City shall notify the Union of all grievances filed by bargaining unit members, scheduled meetings,
and hearings at Step III of the grievance process pursuant to Section 4.2. In addition, the Union shall
be notified of all proposed grievance settlements with any bargaining unit member in writing prior to
final disposition of a settlement agreement.
AFSCME 11
Section 4.11 Union Time Bank -
TheCity agrees to provide a time bank of 1040 hours per year to be used by the Union President and
his or her designee to conduct union business. No more than two (2) of the designated union
representatives may use time from the union time bank at the same time. The President or designated
union representative shall provide a minimum of twenty-four (24) hours notice to the appropriate
Department or Division Director or designee for any leave to be granted. If the union time bank is
exhausted prior to the start of the next contract year, no more paid time off to conduct union business
on City time shall be 'requested, paid or approved, unless done with employees' individual leave
balances from leave other than Sick Leave.
Section 4.12. 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 or may result in a written
warning/reprimand of the employee.
b) The employee shall be informed of the nature of the meeting, the alleged conduct, 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) 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.
AFSCME 12
ARTICLE 5
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. "
AFSCME 13
ARTICLE 6
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 applicable 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 conflictwith
any of the express written provisions of this Agreement. The Union, its officers, agents, and members
agree that they will not interfere with Management in the performance of its duties. The Ciry agrees
that, prior to 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 and. Staff Representative 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).
AFSCME 14
ARTICLE 7
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 fourteen (14) calendar days prior to the effective date
of change; provided that shorter notice may be given if circumstances do not permit the giving of
fourteen (14) calendar days notice; provided further that it may be changed upon shorter notice upon
agreement by the Union. Agreement shall not be unreasonably denied. The implementation of this
provision shall not be arbitrary and capricious.
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
AFSCME 15
considered as worked in maintaining these records. If any employee establishes that he/she has not
received his/her fair share of overtime opportunities, such employee shall have first preference to
future overtime work until reasonable balance is recreated. Employees who have been recorded for
overtime hours not worked shall not be discriminated against with respect to future overtime
opportunities or job assignments. Overtime worked shall be voluntary, whenever possible. On a
particular job, an employee may be asked to complete work in progress during overtime when
hazardous conditions are present.
Section 7.6. No Pyramiding. Compensation shall not be more than once for the.same hours.
Section 7.7. Paid Leave as Time Worked for Purpose of Computing Overtime. A
holiday or other paid leave (excluding workers compensation leave and sick 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. Seventh Consecutive Daa/ of Work. For all hours worked on an employee's
seventh consecutive workday within his/her workweek, the City shall pay two (2) times the employee's
straight time hourly rate of pay, provided the employee has worked his/her full shift on each of the six
(6) preceding workdays; provided that paid 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 7.10.. 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.
AFSCME 16
Section 7.11. 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/her (within or below his/her
classification) he/she shall not receive any pay for time not worked.
Section 7.12. Call-In and Call-Back Pav. An employee who is called to work outside of
his/her normal hours of work will be guaranteed four (4) hours of work or four (4) hours of pay at the
applicable rate; provided, however, if the employee does not perform the work assigned in his/her
job classification he/she shall not receive any pay for the time not worked.
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 7.13. 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.
Section 7.14. Standby. Employees expressly assigned to standby .status shall receive two (2J
hours of straight time as a Standby bonus for each day of that assignment. Employees will not be
paid both the Standby bonus and Call Back pay for the same day (i.e., if called in while on Standby
status the employee will be paid only the Call Back pay). The Standby bonus is not considered hours
worked for determining overtime. Standby shall be assigned in the City's sole discretion. Employees
assigned to standby must respond to any call within ten (10) minutes and must be available to report
to the work-site within thirty (30) minutes (or some other reasonable period of time as determined
based upon the circumstances). Failure to meet these requirements (as may be modified in the City's
sole discretion), or other requirements related to standby assignments that may be determined
necessary by the City, shall result in forfeiture of the Standby bonus, and possible disciplinary action,
-based on the circumstances of each case.
AFSCME 17
ARTICLE 8
WAGES AND FRINGE BENEFITS
Section 8.1. Wages.
The Ciry of Miami Beach classification and pay system will be utilized under this contract. This
includes salary range changes, job audits, and market classification studies. This does not include
cost-of-living increases. No change shall take place until the Union President or his/her designee
concurs. No decision made within the context of this provision shall result in a. lower grade, the
removal of a job classification from the bargaining unit, nor shallsaid decision result in an exemption
from FLSA overtime requirements.
No bargaining unit member who left the City's employment prior to the date of ratification of this
Agreement by both parties will be eligible for any wages or benefits under this Agreement.
a.) Effective the first (15') pay period ending in May, 2010, there shall be noacross-the-board wage
increase for any bargaining unit positions. Also, there shall be no increase on the minimums
and maximums of each range.
b.) Effective the first (15}) pay period ending in May, 201 1, there shall be noacross-the-board wage
increase for any bargaining unit positions. Also, there shall be no increase on the minimums and
maximums' of each range.
c.) Effective with the first full pay period. ending in April 2012, there shall be an across-the-board
wage increase of three percent (3%) for all bargaining unit positions. Also, the minimums and
maximums of each range will increase by three percent (3%) effective with.the first full pay
period ending in April 2012.
Within sixty (60J days of an employee's merit review date, the employee's Department shall complete
a Performance Evaluation and forward it to Human Resources. The Evaluation shall be completed in
accordance with the policy established by Human Resources. Failure to complete a Performance
Evaluation within sixty (60) days will result in an automatic two percent (2%) salary increase.
AFSCME 18
The following language does not apply for this Agreement:
Employees who receive a score of ninety (90) or above shall receive a four percent (4%) increase on
their merit review date.
Employees.who receive a score of less than ninety (90), but eighty (80) or above, shall receive a three
percent (3%) increase on their merit date.
Employees who receive a score of less than eighty (80), but sixty (60) or above, shall receive a two
percent (2%) increase on their merit date.
Any other increase will take effect retroactively when the evaluation is completed. Performance
Evaluation increases may total no more than four percent (4%).
The following language applies for this Agreement:
Employees who receive a score of sixty (60) or above shall receive a two percent (2%) increase on
their merit review date.
Employees who receive a score of less than sixty (60) shall not receive a merit increase.
For the period of May 1, 2010 through April 30, 201 1 and May 1, 201 1 through April 30, 2012,
there shall be no merit salary increases for any bargaining unit employees. Beginning May 1, 2012,
all bargaining unit employees may be eligible to receive a two percent (2%) merit increase subject to
the provisions outlined above.
If an employee's merit rating score does not qualify him/her for a merit increase, the employee may
grieve the evaluation up to Step 3 under the provisions of this Agreement.
Section. 8.2. Shift Differential. There shall be a shift differential of forty five cents ($.45) per
hour for work performed at the City's request on shifts beginning after 2:30 P.M. and at or before
1 1:00 P.M. There shall be a shift differential of fifty five cents ($.55) per hour for work performed at
AFSCME 19
the City's request on shifts beginning after 1 1:00 P.M. and before 6:00 A.M.
Section 8.3. Holidays. The following fourteen (14) days shall be considered holidays: New
Year's Day, Dr. Martin Luther King's Birthday, President's Day, Memorial Day, Independence Day,
Labor Day, Veterans Day, Thanksgiving Day, the day following Thanksgiving, Christmas Day, three
(3) floating holidays, and the Employee's Birthday. Employees shall become eligible for floating
holidays and the Birthday Holiday upon completing six (6) months continuous service with the City:
Section 8.4. Holiday Pay. Employees shall receive eight (8) hours pay at the employee's regular
.rate of pay for holidays not worked. Effective November 1, 2001, an employee who is scheduled to
work on a holiday shall receive time and one half (1 Yz) his/her regular rate of pay for all hours
worked in addition to his/her holiday pay: An employee who works over eight (8) hours on a day
that is observed as a holiday shall receive two (2) times his/her straight time hourly rate of pay for any
such hours worked over eight (8).
To be eligible for holiday pay, 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 absence due to serious illness or injury;
2) approved annual leave;
3j floating holiday;
4) birthday.
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.
Section 8.5. Rate of Pay When Working Out of Classification. An employee may be
required to temporarily work out ofhis/her classification when directed by management. Temporarily
is defined as an employee who is clearly and definitely .performing the principal duties in a higher
AFSCME 20•
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) Out of class pay.shall 6e distributed as equally as practicable among employees in the same
job classification in the same work section.
b) 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.
c) 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 one dollar ($1.00) 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 currenfrate in their regular classification during such
training time. ..
Section $.6. Uniforms. The City will provide. uniforms to bargaining unit employees who are
required to wear them. The composition of the uniform shall be determined after consultation with the
Union. •The Uniforms issued shall be chosen based on considerations of employee safety and comfort,
as well as cost. Issued uniforms will be replaced by the Department upon presentation of worn or
damaged uniform items by the employee no-less than once per year. Each Department Director.shall
provide necessary safety/foul weather gear, as appropriate.
The vendors will deliver the uniforms in the month of April of each year for the term of this Contract.
All employees shall receive six uniforms.
Six pants or shorts (if appropriate)
AFSCME 21
Six shirts .
Six T-Shirts
One Uniform Jacket (one jacket during the term of the contract)
Sponsorship: In the event that the City enters into an agreement with any outside sponsor concerning
uniforms that may be issued to any employee(s) (but not necessarily all employees) who are in the.
AFSCME bargaining unit, the Union agrees that these sponsored uniforms maybe issued to satisfy the
contractual uniform"obligations. The Union agrees that no additional contract obligations concerning
uniforms are hereby created, and that such sponsored uniforms may be discontinued at any time by
the City. The issuance and/or discontinuance of any such uniforms pursuant to .such a sponsorship
arrangement shall not be subject to any grievance or appeal process.
Section 8.7. Safety Shoes. Employees in the following. job classifications will be required to
wear safety shoes during all working hours. Effective October of each. year a safety shoe certificate
will be provided to those employees in the following job classifications for the purchase of safety shoes
meeting ASTM F2413-OS Federal Safety Standards.
Those employees in the following classifications will make his/her safety shoe selection from a
predetermined list of safety shoes, which will be developed by the Shoe Safety Committee comprised
of two (2) Union representatives and two (2) Management representatives. -
Assistant Pumping Mechanic
Diesel Generator Mechanic
Building Services Technician
Building Supervisor
Control Room Operator
Central Services Technician
Fire Equipment Mechanic
Fleet Service Representative
Heavy Equipment Operator I and II
ice Rink Technician
Irrigation Systems Supervisor
Mechanic I, II and III
Municipal Service Worker I, II and III
Municipal Service Worker Trainee
Park Supervisor
Pest Control Supervisor.
Pumping Mechanic
Sewer Supervisor -
Sewer Pipe Fitter
Sign Maker
Street Supervisor
Street Lighting Technician I and II
Stores Clerk .
Storekeeper I, II and III
Storekeeper/Mechanic
Tree Trimmer
Water Meter Technician I and II
Waste Collector
Waste Driver Supervisor
Water Pipe Fitter -
Water Supervisor
AFSCME 22
Employees receiving the safety shoe certificate will be required to purchase and wear the safety shoes
during all working hours unless medically prohibited by workers compensation or primary physician,
and will be subject to up to the loss of a day's pay for each day that the employee reports to work
,and fails to wear the required safety shoes. Action taken against the employee under this Section
shall not be appealable to the Hearing Examiner or grieveable under this. Agreement. The Ciry
Manager's designee for Labor Relations shall review any questions on the interpretation of this
paragraph.
When, due to extreme wear and tear or accidental destruction, a replacement pair of safety shoes is
required, the City will grant an additional shoe certificate.
Section.8.8. Vacation Benefits. Consistent-with applicable ordinances, the vacation benefits
presently enjoyed by the employees covered by this Contract shall continue for the term of this
Contract.
Section 8.9. Meal Allowance. An employee who works three (3) consecutive hours or more of
pre-shift or post-shift overtime shall be paid $7.00 unless meals are provided by the City. Employees
shall receive compensation within three (3) months.
. In the event employees are supplied with a meal while working the overtime hours, the meal
allowance, as provided under this Section, shall cease.
Section 8.10. Jury 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.
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 service. If three (3) or more hours are left in the employee's work
shift, upon release from jury duty, the employee shall immediately contract his/her .immediate
AFSCME 23
supervisor for instruction regarding his/her return to work.
An employee subpoenaed as a witness (not a defendant) for a matter which has arisen in the
' employee's performance of duties, shall be granted temporary leave of duty with pay equal to the
difference between the employee's regular rate of pay and any witness fees received.
An employee who is a defendant in a matter which has arisen in the employee's performance of
duties and who is adjudged not guilty or not liable will be reimbursed for work time lost by reason of
' time spent in court.
Section 8.11. Tool Allowance. Effective January 1, 2002, employees in the Mechanic II,
Mechanic III, and Fire Equipment Mechanic job classifications shall receive a tool allowance of Fifteen
Dollars x$15.00) per pay period; employees in the Mechanic I "and Storekeeper/Mechanic job
classifications who regularly are required to use their own personal tools as part of their job duties,
shall receive a tool allowance of Ten Dollars ($10.00) per pay period. As a condition precedent to
being"eligible to receive the tool allowance outlined herein, the following wilt apply:
Management will produce a detailed list of-tools that the tool allowance recipient must have inhis/her
on site tool box inventory. Further, such tool inventory shall not include tools manufactured by
companies that do not offer a 100% tool replacement warranty"policy, except for those drill motors or
electronic tools that may have less than a l 00% warranty. In the limited exception for electric drill
motors or electronic tools, all such "electric drill motors or electronic tools shall be of professional,
industrial grade, manufactured by known quality vendors.
Those employees who do not have all the required tools on the tool inventory shall not receive the tool
" allowance. Should the individual wish to be re-considered for the tool allowance, he/she may
' purchase the missing inventory tools and then re-apply for~the tool allowance the following month.-
Failure to complete the tool purchase within two (2) weeks will be cause for the employee to be
eliminated from consideration for receipt of the appropriate tool allowance. Future compliance with
AFSCME 24
the tool inventory will allow the employees in those classifications as outlined above to be eligible to
receive the appropriate tool allowance.
Each employee will submit to Management a complete inventory of the tools which they maintain at
their job site for working on City vehicles, annually. One (1) hour of time to prepare the annual
inventory of tools shall be done on City time once a year.
Each employee shall make his tools available to Management staff for an inventory and/or safety
check upon reasonable notice.
Section 8.12. Bereavement. 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 and four (4)
scheduled work days off per death if the funeral is held outside the State of Florida. 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, stepdaughter,
or domestic partner as defined in the Domestic Partner Ordinance. Additional time off may be
granted by the Department Head, in writing, chargeable to the employee's accrued sick or vacation
leave. In such circumstances such additional sick leave shall not count against an employee for
purposes of performance evaluations.
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. Injuay Service Connected. An employee who is absent from duty because of
'.injury which the City Manager or his/her designee determines is the direct result of the employee's
.performance of duties on behalf of the Ciry, 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 or his/her designee with the
approval of the City Commission. Pay during the period of such absence will be computed as follows:
AFSCME 25
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 biweekly rate of pay.
.Section 8.15. Certificates. If an employee is required by law for the performance of his/her
work, to obtain a certificate for the spraying of insecticides, or a pumping station operator certificate,
or a certificate - to .handle chlorine, the City shall pay the fee for such certificate. The
Labor-Management Committee shall discuss whether higher pay .ranges ma,y be appropriate where
certificates are required.
Section 8.16. Pay for Hazard Duty.
Effective November 1, 2001, employees working hazard duty will be paid $1.00 an hour for time
actually spent in these activities. Hazard duty applies to the following activities:
a. Spraying hazardous chemicals (The definition of "hazardous" shall be consistent with the current
definition as of ratification).
b. Diving. with scuba gear
c. Working in trenches five (5) feet or greater
d. Working in raw sewage
e. Working forty (40) feet or higher on aerial lift operations
f. Boat Operator
g. Hazardous chemical application as defined by MSDS
h. Fuel Truck Operator
Section 8.17. Chanaes in Benefits. The City acknowledges its obligation under state law to
notify the Union of any change in a benefit contemplated by the City and permit the Union to bargain
over such a change, to the extentthat state law requires such bargaining.
AFSCME 26
Section 8.18. Pension, DROP & Retiree Health.
The Miami Beach Employees' Retirement Plan (MBERP) is the pension.. plan for bargaining, unit
members, except for those employees who previously elected to remain in the 401-A retirement
program (in lieu of participating in the City's pension .plan). The current benefits and member
contributions provided by the MBERP shall remain in effect for the term of this Agreement, except as
follows:
1. For employees hired prior to April 30, 1993 who participate in the MBERP, the employee
pension contribution shall increase by 2% of earnings, from 10% to 12% of earnings, effective
upon ratification of this Agreement and through the expiration of this agreement on April 30,
2013. For employees hired on or after April 30, 1993 who participate in the MBERP, the
employee pension contribution shall increase by 2% of earnings, from 8% to 10% of earnings,
effective upon ratification of this Agreement and. through the expiration of this agreement on
April 30, 2013.
2. The City and Union agree to change the creditable service component of the formula for
calculation of the Final Average Monthly Earnings (FAME) for current members from the two
(2) highest paid years. of creditable service to the five (5) highest paid ,years of creditable
service, phased in over a period of time as described in Appendix 1.
3. The current benefits and member contributions provided by the MBERP shall remain in effect
for any new employees hired on or after the date this agreement is ratified, except for those
identified in Appendix 2.
For the term of this Agreement, the Deferred Retirement Option Plan (DROP) will continue in
accordance with Ordinance No. 2006-3504, as amended.
The parties agree that any bargaining unit member who previously elected to .participate in.the 401-A
retirement program (in lieu of participating in the City's pension plan) shall be required to work at
least ten (10) years before becoming eligible for any retiree health benefits from the City.
Any bargaining unit member who is eligible for retiree health benefits from the City must make a `one-
AFSCME 27
time irrevocable election to continue receipt of health benefits via the City's plan at the time that the
employee terminates City employment. The .parties also agree that if a member initially elects to
continue under City health insurance, but thereafter discontinues or is discontinued from such
coverage, then the retiree may resume coverage only at their own expense, without any employer
contribution whatsoever.
Employees hired on or after September b, 2006, will be entitled to a City contribution against the cost
of continued health insurance coverage in the City's health insurance plan after retirement (or
separation) from City employment, as set forth in this section. Any employee hired. on or after
September 6, 2006, who then remains employed until reaching eligibility for normal retirement, and
who elects to continue insurance coverage under the City's health plan, shall upon receipt of normal
retirement benefits also receive an additional separate supplemental monthly stipend payment in the
initial amount of $10.00 per year of credited service, up to a maximum of $250.00 per month until
age 65, and $5.00 per year of credited service up to a maximum of $125.00 per month thereafter.
There shall be no other City contribution toward the cost of continued health insurance coverage for
such employees and this benefit shall be paid only during the life of the retiree.
Section 8.19. Training and Training_ Programs. The City and the Union agree that the
training and development of employees within the bargaining unit is mutually beneficial. The Union
wily be kept informed of all training programs. The Union may make recommendations to the City
relative to the training of employees- within the bargaining unit. The City will consider
recommendations and improvements submitted by the Union. The parties agree to meet at the request
of either party for the purpose of exchanging information concerning the overall training of employees
within the bargaining unit.
AFSCME 2.8
Section 8.20. Skill Pay Supplement.
Effective January 1, 2002, the Skill Pay Supplement will be as follows:
Automobile Technicians/Medium/Heavy Truck Technicians
3 to 5 Certifications $40.00/month -
b to 7 Certifications $80.00/month
"Master' Auto Technician or $120.00/month
Medium/Heavy Truck
Technician
Fire Mechanics
' Level 1 Fire/Ambulance $50.00/month
Level 2 Fire/Ambulance $90.00/month
- EVT Master Fire/Ambulance $130.00/month
Natural Gas ASE Certification
$20.00/month
4
Parts Specialist
3 of 3 Certifications
$40.00/month
Note: The maximum Skill Pay Supplement Benefit would be $140.00/month
Section 8.21. Health Insurance
a) The City .shall offer. medical, dental, and life insurance benefit plans to full-time .bargaining unit
employees and their legal dependents during the term of this Agreement. The City will continue to
pay at least fifty percent (50%) of the premium cost for eligible employees. The City will continue
to offer alternative plans as options for employees. The City may change insurance carriers
and/or the scope and level of benefits in any plan. The City also may change the percentage of
premium cost paid by the City (i.e., provided that it remains at least 50%) from year to year for
any one or more of the optional plans available, depending upon the scope and level of benefits
available in each of the optional plans.
b) The City agrees that it will not change the level of benefits during the term of this Agreement
without first consulting with the Group Insurance .Board, or alabor-management advisory
committee created as a substitute for such Board. A bargaining unit employee may, serve on this
. Board/committee for as long as bargaining unit employees participate, exclusively, in the City's
AFSCME 29
group health insurance plan. In the event that the City materially reduces the scope and level of
benefits in the current base (PPO or HMO) plan then the Union may request post-
implementation impact bargaining. The Union waives impact bargaining over any changes to
any optional plan. ,
c) Employees in the bargaining unit shall be eligible to participate in the City's flexible and voluntary
benefits plans, which may be modified by the City from time to time. The flexible and voluntary
benefits plans shall be administered by the City.
Section 8.22 Essential Personnel (Hurricane Pays. When the City declares an emergency
due to a"named hurricane and other events and non-essential personnel employees are advised to stay
home with pay and essential personnel employees are ordered to work, essential personnel employees
"shall be paid at the rate of one and one-half of their straight hourly wages for all hours worked for up
to three (3) days. "
Section '8.23 Landfall Team
Bargaining Unit employees designated to be part of the Landfall Team (designated Landfall Team
Members) shall be on a voluntary basis only starting with the most senior person in the same division.
There will be a list published by May 1st of each year, according to seniority )updated monthly
and/or accordingly). Designated Landfall Team Members shall be compensated at a pay rate of one
and one-half of the employee's hourly rate of pay for all hours worked up to three (3) consecutive
days. -Designated Landfall Team Members shall only qualify for the pay if the Landfall Team is
activated by the City's Emergency Operations Center (EOC). Landfall Team Members who report to
duty will be paid for the duration of the Landfall Team activation for actual hours worked. During a
weather-related emergency event, if a designated Landfall Team Member fails to report for duty. during
their regularly scheduled shift, where non-designated employees are directed to stay home, said
employee will be deemed non-essential and will be compensated "Administrative Hurricane Pay" for
those hours that the employee had been regularly scheduled. Administrative Hurricane Pay is
compensated at a rate equal to an employee's hourly rate of pay, and is not to be confused with
Essential Personnel (Hurricane Pay) as denoted in Section 8.22. Should a designated Landfall Team
Member work in excess of forty (40) hours during their regularly scheduled work-week, said employee
AFSCME 30
will be compensated at a rate of time and one-half their regular hourly rate for those hours worked
above forty (40) hours. The City and the Union agree that this compensation .may or may not reflect ,
the City's traditional payroll codes, however, the compensation on the employee's paystub will reflect
the time and one-half rate for all hours worked in excess of forty (40) by the employee during their
regularly scheduled workweek. Employees shall not receive pay for both Essential Personnel
(Hurricane.Pay) (as described in Section 8.22) and Landfall Team.
Designated Landfall Team Members shall be allowed up to four (4) hours to secure personal property
prior to aweather-related emergency event. During the weather-related emergency event, the City
shall provide designated Landfall Team Members with food, weather gear, and shelter rated to
withstand a category five (5) storm. Designated Landfall Team Members shall be .required to seek
shelter when winds exceed'40 miles per hour.
The Landfall Team shall not erode the bargaining unit.
AFSCME 31
ARTICLE 9
SENIORITY
Section 9.1. Definition. Seniority for purposes of application of this Agreement except as
otherwise stated, is an employee's length of regular, full time continuous service with the City.
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,
and such layoffs shall not have the effect of reducing the City's efforts to diversify the workforce:
a) Employees in the affected classification who have not completed their working test period
(probationary ...,period) will be the first reduced.
b) In the event of further reductions in force, employees will be reduced from the classification
in accordance with their seniority and their ability to perform the work available. When
two or more employees have equal skill, ability and qualifications, the employee(s) with
the least seniority will be the first laid off.
A non-probationary employee reduced from ajob-classification under (b) abovemay 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.
No AFSCME unit position will be impacted between May l , 2010 through September 30, 2010.
Further, no employee covered under the AFSCME Bargaining Unit will be separated from the City for
reasons other than discipline or voluntary separation for the period of time between October 1, 2010
through September 30, 201 1 (Fiscal Year 2010-201 1) and October 1, 201 1 through September 30,
2012 (Fiscal Year 201 1-2012).
AFSCME 3.2
In the event that there is an impact to a position in FY 2010-201 1 or FY 201 1-2012, the. impacted
employee shall be offered a position with the City. The City will offer the impacted employee a
position for which they meet the minimum qualifications. If that impacted employee's hourly rate is
above the maximum hourly rate of the position offered, that employee will remain at their hourly rate
even if that hourly rate exceeds the maximum hourly rate of the position offered. In addition, recall
.rights will. be in place for two (2) years from date of impact.
Section 9.3. Recalls. When there is a recall, employees on layoff with seniority will be recalled in
inverse order to their layoff, .provided they are presently qualified to .perform the work in the .
classification to which they are recalled. No new employees shall be hired into a classification from
which employees have been laid off and remain on layoff status until such laid off employees are
offered recall in accordance with Civil Service Rules, which .shall govern for recall purposes.
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 anon-probationary employee:
a) quits voluntarily.
b) is laid off for more than one (1) year, or the employee's length of service, whichever is greater, up
to a maximum of two (2) years.
c) is terminated for cause.
d) .retires or is retired.
e) fails to return to work at the expiration of any approved leave of absence.
f) fails to report to work within five (5) workdays after date of written notice of recall to work after a
layoff giveri by the City by certified or registered mail and addressed to the employee at his/her
last address appearing on the records of the City. It shall be the employee's responsibility to
provide the City with his/her current address:
g) an employee absent for a period of three (3) work days without notification of a valid reason to
the management of his/her department, and who has no legitimate reason for not notifying the
management of his/her department shall. be considered as having resigned.
AFSCME 33
Section 9.5. Seniority Lists. Every six (6) months, the City shall post and/or provide for posting
on the Bulletin Boards described in Article X, a seniority list showing the continuous service of each
employee covered by this Contract and will also provide the Union with a list of new hires and
terminations within the bargaining unit during the prior six (6) months. A copy of the seniority list shall
be furnished to the Union. The seniority dates and 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 bylaw, 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 bargaining unit job opening occurs,
other than a temporary opening, in any existing job classification or as the result of the development
or establishment of a new job classification, anotice of such opening "shalt be posted on all bulletin
boards for two (2) weeks.
During this period, eligible and qualified employees who wish to apply for the open bargaining unit
position or job after it has been announced, may do so. The application shall be, in writing, and it
shall be submitted to the Human Resources Department.
If there is more than one (1) employee who is qualified for promotion to a job classification in a work
section for which no Civil Service examination is required by the Personnel .Board, seniority shall be
the determining factor where two (2) or more employees within the same work section have equal skill,
ability, and qualifications.
Section 9.8. Demotions. The term demotion, as used in this Contract, means reassignment from a
position in a higher classification to a position in a lower.classification. Demotions may be made to
avoid laying off employees, to provide employees with the opportunity to request changes to lower
AFSCME 34
grades for personal convenience, disciplinary reasons, or when an employee is unable to .perform
satisfactorily the duties of his/her 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 assignments to that classification for as long as he/she has recall rights
to that classification.
Section 9.10. Shift Preference. By August 1 S' of each year, the City will allow employees to file
for shift preference (days off and sfiart/end time). Shift Preference forms shall be filed eight (8) weeks
prior to the October 1'' effective start date of new shift assignments each year. The City shall make
assignments to shifts using the Shift Preference forms for employees in the same job classification,
within the same work section within a division. Assignments to shifts shall be based on seniority, skill,
ability and past performance. If skill, ability and past performance among the persons seeking the
reassignment are equal, seniority shall govern. In the event that management determines thatgranting
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.
An employee who wishes to grieve the impfementgtion of this provision of the. contract may elect to
bypass Steps 1 and Steps 2 of the Grievance Procedure.
If a vacancy occurs after the effective start date, previously filed shift preference forms will be used to
assign a shift in a job classification which operates on more than one shift in a work section within a
division. Assignments to shifts shall be based on 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.
AFSCME 35
Section 9.11. Temporar~r 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 for the classification they fill. The City may exceed the capon the number of temporary
employees hired in any bargaining unit position by the number of unused temporary positions from
any combination of other bargaining unit positions.
Such temporary employees so hired may not exceed one (1) year of employment. 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.
9.12 Vacations and Emergencies
a) 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.
b) Seniority will not apply in an emergency situation.
AFSCME 36
ARTICLE 10
GENERAL PROVISIONS
Section 10. T. 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 to include personal and work area cleanup time.
Where facilities are provided, they shall be properly supplied.
Section 10.3. Safety.
a) The City. agrees to comply with all laws applicable to its operations concerning the health and
safety of the employees covered by this Contract. Each employee covered by this Contract will
be required to comply with all safety and health rules and regulations established by the City:
Each employee shall be given a copy of any written safety rules. In case a claim of an imminent
unsafe condition which poses an immediate threat of loss of life or bodily harm, a Union Safety
Representative shall be entitled to present such complaints and/or claims to the supervisor of the
area in question or to the City Manager's designee. The City shall hold two (2) safety meetings
per year.in the departments for all employees to further safety on the job.
b) When weather and operational conditions permit, employees may be permitted to ride on the
rear of work vehicles provided such transportation is safe and the employees are seated securely.
Management has the right to eliminate such transportation if, in the discretion of Management;
such seating and/or transportation is unsafe. When weather conditions are such that continual,
heavy rain, severe lightning or heavy wind storms are occurring in the immediate work area, the
employees will not ride in the back of an open vehicle.
AFSCME 37
c) During continual, heavy rain (downpour) or severe lightning storms, employees will take shelter or
they will be directed to other work or training, so as to not be exposed to the severe .lightning or
heavy rain storms.
Section 10.4. Safety Glasses. If an employee requires prescription glasses to perform work and
the hazards of his/her job are such that special safety glasses are necessary to ensure safe working
conditions, the City will provide them. Such requests shall be subject to the approval of Risk-
Management.
Section 10.5. Safety Equipment. The City will periodically issue certain safety equipment
(including but not limited to a safety vest; a hard hat, safety glasses, hearing protection, chaps, shin
guards, etc.) to each employee who must use such safety equipment while performing their duties as
determined by the City's Risk Management Department. Safety equipment damaged through non-
. negligent use at work must be returned to `the City for replacement at no charge. However, the
employee will be charged .for any additional safety equipment to replace lost, misplaced, mistreated,
. and/or stolen equipment: Employees who are issued safety equipment by the City must wear that
safety. equipment as part of their uniform during all working hours when such safety equipment is
necessary, and will' be subject to progressive discipline each time that the employee reports to work or
a job site without the required safety equipment.. Action taken against the employee under this Section
shall be appealable up to Step III. The City Manager's designee for Labor Relations shall review any
questions on the interpretation of this paragraph.
Section 10.6. 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. ,
Section 10.7. 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
AFSCME 38
inclement weather, such as rain or cold,, the means of transportation will be by an enclosed vehicle,
wherever possible, except in extenuating circumstances. -
Section 10.8. 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
ar disability. ~ . -
.Section. 70.9..Civic Duty. Employees required to appear before a court of law or other public
body on.matters not related to their work, iri 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 10.10. 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 '10.11. Negotiation Pam " 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 10.12. Contracting and Subcontracting.
a. 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 and such; contract shall
AFSCME 39
result in the lay-off of any bargaining unit employee, the City agrees that it will, upon written request,.
meet and discuss with the representatives of the Union the effect of such contract upon members of the
Bargaining Unit. .
If the City enters into such a Contract and, as a result thereof, an employee will be laid off, the City.
agrees to ask the Contractor to provide first consideration for such. employee 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 City Manager's designee for Human Resources.
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 a -new,
permanent employee to perform the work of the classification held by the employee at the time of the
layoff.
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.
b. At least thirty (30) days prior to making a decision to subcontract or contract out a function being
AFSCME 40
. performed by bargaining unit employees, management will notify the bargaining .unit. If the
bargaining unit so request in writing within 10 days of notification, management shall convene a
Labor Management conference conducted by the Human .Resources Department to discuss.
Section 10.13. 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.
The annual. and sick leave accrual rate is subject to the City of Miami Beach Classified Employees'
Leave Ordinance
Regular full-time employees with. less than ten (10) years of service shall accrue 96 hours of annual
leave and 96 hours of sick leave, prorated bi-weekly, each payrollyear. A payroll year is defined as
the first through the last pay period of each calendar year.
Regular employees with more than ten (10) but less than twenty (20) years of service shall accrue 136
.hours of annual leave and 96 hours of sick leave, prorated bi-weekly, per payroll year upon
completion often (10) years of employment.
Regular employees with more than twenty (20) years of service shall accrue 176 hours of annual leave
t per year and 96 hours of sick leave, prorated bi-weekly, per payroll year upon completion of twenty
(20) years of employment.
All employees covered by the agreement shall, under applicable ordinances, rules and regulations
shall be allowed to accumulate no more than 500 hours of vacation leave per payroll year. At time of
. termination, death, or retirement, all employees covered by this agreement shall be permitted a
maximum payment of 620 hours vacation leave. In addition to vacation leave, all employees covered
by the agreement shall be permitted a maximum payment at time of termination, death, or retirement
of one-half (50%) of accumulated sick leave to a maximum of 600 hours of sick leave. All employees
covered by the agreement shall be permitted to transfer sick leave in excess of 360 hours to vacation
AFSCME~ 41
t
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. ,
The "must use" accrual on vacation leave from one payroll year to the next is 500 hours.
Section 10.14. Perfect Attendance Bonus. Employees who perform the full scope of their
regularly assigned. classification for each calendar year shall receive a lump sum bonus of $300.00
(non-pensionable earnings) provided that they have not used sick leave, or been absent for any reason
that was not authorized at least 48 hours in advance.. An employee will also be allowed two (2)
incidents of tardiness and one (1) emergency vacation. Employees out on ISC will not be eligible for
the perfect attendance bonus.
Section `10.15. CKanges 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 Union prior to itnplementation or submission to the Personnel Board..
Section 10.16. O~portunit~ 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 fog promotion.
Section 10.17. Union Conventions. Up to a maximum of three (3) delegates of the Union will
' ~ be permitted to annually use a pool of paid time-off, not to exceed a total of ten (10) working days in
,any one fiscal year, for the purpose of attending State and International conventions. The Union will
provide the City with the name(s) of the delegate(s) selected to use the Convention time-off-under this
section and the Union must provide the dates and locations of any such conventions for which a leave
of absence under this section is requested at least six (b) weeks in advance of the convention so that
the department can make appropriate arrangements. Requests for use of this paid leave may be
denied if the time off will create any scheduling or manpower problems. In addition, up to five (5)
duly authorized delegates of the Union may request a leave of absence without pay, not:to exceed'
three (3) weeks per delegate in anyone year and' no more than two (2) weeks at a time, for the
AFSCME 42
purpose of attending conventions and training seminars of the Union. Requestsforthis unpaid leave
shall be submitted at least one month prior to commencement of the leave and said requests will not
be unreasonably denied.
Section 10.18. 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 Ciry's existing tuition refund program shall be continued for the term
of this Contract.
Section 10.19. Meetings Leave. The Union shall have the right to designate one (1)
representative, authorized with pay for time he/she would have otherwise been working, to attend
any formal meetings and/or hearings of any sub-divisions of the governing bodies of the City,
including Ciry 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 10.20. Union Bulletin Boards. The Ciry 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 ofUnion notices to such bulletin .boards:
1) Public Works Operations- 451 Dade Boulevard
2) Sanitation - 140 MacArthur Causeway
3) Fleet Management --140 MacArthur Causeway
4) Parks Maintenance Division, 2100 Meridian Avenue
5) Fire Department Service Area
b) Meter Parking - 1837 Bay Road
7) City Police Station
8~ City .Hall
9) Recreation Centers (provided AFSCME pays the cost of the new board(s)):
a. -Teen Center - 2100 Washington Avenue
b. Flamingo Park & 1 1'h Street at Jefferson Avenue -Tennis Courts and Swimming Pool
c. Muss Park - 4400 Chase Avenue
d. Normandy Isle Park and Swimming Pool (Afterschool Programs) - 7030 Trouville Esplande
e. North Shore Park Youth Center - 501 72"d Street
f. Polo Park (Sport Camp) - 4301 N. Michigan Street
g. Scott Rakow Youth Center -Ice Rink and Swimming. Pool - 2700 Sheridan Avenue
h. South Point Park (Fishing and Water Camps) - 1 Washington Avenue
i. .Stillwater Park (Outdoor rentals) - 8440 Hawthorne Avenue
AFSCME 43
Section 10.21. tabor Management CommitFee. In order to strengthen the parties' labor-
, management relations, the AFSCME agrees to participate with the City in labor-management
committees to address the issues in Departments. Such committees maybe requested by the AFSCME
or by the City (through the City Manager, Department Directors, or designees) to meet at mutually
accepted times. The parties agree that uniforms will be discussed through such Labor Management
Committees.
` Section 10.22. Me Too and Re-openers. The AFSCME reserves the right to a "Me too"
agreement with -the CWA and GSA bargaining units on parallel. economic issues including but not
. limited to wages, COLA and pension should the City modify those collective bargaining agreements.
Any such discussions-shall not exceed a period of ninety (90) days from the day of the first meeting,
and in no event shall the discussions continue beyond the contract expiration date.
1.
ARTICLE. 1 1
DRUG AND ALCOHOL TESTING
Section 1 1.1. The Ciry and the Union recognize the employee substance and alcohol abuse has an
adverse impact on Ciry government, the image of Ciry employees, the general health, welfare and
safety of employees, and to the general public at large. Therefore, it is in the best interest of the
'parties to negotiate over the subject of drug and alcohol testing.
Section 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 1 1.3. The Ciry may require any employee to"submit to a blood analysis, urine analysis.
and/or Breathalyzer when it has a reasonable suspicion as defined in Florida Statutes 440.102 (N)
that an employee is under the influence of or using alcohol, drugs or "narcotics and/or when an
employee has caused, contributed to or been involved in an accident (i.e., automobile or other injury).
Section 1 1.4. In the event'a urine specimen is tested as positive, a portion" of that sample will be
subjected to a second test at the employee's request and at the employee's expense. If the second test
is negative, the employee will be reimbursed by the City.
Section `1 1.5. 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 1 1.6. The parties agree that an employee's refusal to submit ("refusal to submit" includes
adulterating a sample or submitting a false sample)~to drug or alcohol testing in accordance with the
provisionsof this Article may result in disciplinary action .being taken against the employee up to and
including dismissal.
AFSCME 45
Section 1 1.7. Drug/Alcohol Random Testing. It is important to the safety and welfare of
employees and the public that bargaining unit members not be impaired by alcohol while on duty nor
use illegal drugs: To demonstrate the commitment of the City and the Union to this notion, employees
will be subject to random testing. during the term of-this Agreement. Employees will be chosen from a
blind list by the Human Resources Department or its designee. Those employees who have a CDL
license and are in the.CDL Drug Testing Pool will not be part of the AFSCME Drug Testing Pool since
the employees who. hold a CDL license are already being randomly tested. In other words, all
AFSCME employees will be in either the CDL Random Drug Testing Pooi or the AFSCME Random Drug
Testing Pool
Section 11.8. Last Chance Agreement. Employees testing positive may be offered the
opportunity to enter into a "Last Chance Agreement" (for a maximum duration of 2 years, except in
extenuating circumstances) to continue their employment. The Agreement shall require participation in
a rehabilitation program and such other requirements as set forth by the City. The City reserves the
right. to terminate an employee without providing him/her with a Last Chance Agreement, if the
incident giving rise to the positive drug test involved threatening or violent behavior or conduct so
disgraceful that it causes substantial embarrassment to the Administration. Employees under a .Last
Chance Agreement who test positive shall be terminated from employment with the City and this is not .
grievable under the grievance procedure. Employees may be given no more than one (1) chancefor
substance abuse rehabilitation during employment with the City.
AFSCME 46
ARTICLE 12
SAVINGS
,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.
AFSCME 47
ARTICLE 13
ENTIRE CONTRACT
The parties 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 by law from the area of collective bargaining, and that the understandings and agreements
arrived at by the parties after the exercise of that right and opportunity are set forth in this Contract.
Therefore, the City and the Union, for the duration of this Contract, each voluntarily and unqualifiedly
waives the right, and each agrees that the other shall not be obligated to bargain collectively with
respect to.any subject or matter referred to, or covered or not referred to or covered in this Contract.
AFSCME 48
ARTICLE 14
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, 2013.
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.
AFSCME 49
Executed by the parties hereto on the ~' ^ day of ~cTD ~~~--- 2010, by the Mayor and
City Clerk. ~ .
-. AMERICAN FEDERATION OF STATE, CITY OF MIAMI BEACH; FLORIDA
COUNTY AND MUNICIPAL EMPLOYEES,
LOCAL 1554 (AFSCME) .
By: s ~ By:
osephine LeBeau ~ J -rg M Gonzalez -
Regional Director ity onager
- By:
Perman Terry -
AFSCME, Local 1554 President
~-
,;
- ~~/~
Approved by Vote of the
City Commission Su Ly ~ 4 , 2010
Ma 'Herrera Bower
- . Mayor
Attest: G~/L G ` "" ~
city ~cl~~k. APPROVED ~S- TO .
. ' FORM b LANGUI-GE
- ' - b ~ EXECUTlC~N
;~
- - <..k, -
`~ `"`'-~~ -AFSCME 50 /~fS®~~
i
`i
AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES
AFSCME .LOCAL 1.554
ELECTION OF REMEDY FORM
Grievance No. (if applicable)
This form must be completed and signed prior to the second step of the grievance procedure, or at the
-time when appeal to the Hearing Examiner is filed.
Employee must elect, sign, and date only one of the two following. choices:
1. l/We elect to utilize the Grievance Procedure contained iri the current
Contract between the City of Miami Beach, Florida, and AFSCME
Local 1554. Except as provided in number two (#2) below the Union
has the exclusive right to represent all employees and to control the ,
submission of grievances to arbitration.
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~ hereby authorize AFSCME Local 1554 to process the attached grievance .on
my/our behalf.
Signature Date
Addendum: Hearing Examiner Rules
HEARING EXAMINER RULES
SECTION 1: REQUEST FOR HEARING: Any member of the bargaining unit may appeal from
disciplinary action within ten (10) days after the delivery or mailing to him/her of such
.. written notice, by filing a written request for a hearing with the Hearing Examiner to
the City Manager's designee for Labor Relations. If the tenth day falls on a Saturday
or Sunday, he/she will have the ability to file for an appeal on the following Monday.
SECTION 2: DISCIPLINARY HEARINGS:
(a) The City Manager's designee for Labor Relations .not later than ten (10) days
after receipt of such appeal, shall fix a place and time -for holding a public
hearing within a reasonable time thereafter. Written notice of such time and
place shalt be delivered or mailed promptly to both the Appellant and the
Appointing Officer.
-Only the HearingExaminer-may grant a continuance to either party for good
and sufficient cause. No continuance shall be granted to either party unless
such. request for continuance is received in writing by the City Manager's
designee for Labor Relations at least ten (10) days prior to the date of said
scheduled hearing of appeal.
- (b) .The Hearing Examiner may, at the request of the Appointing Officer or the
Appellant, call or request any person or records for the .purpose of
ascertaining the facts.
`(c) The Appointing Officer or a representative designated by him/her, shall have
the right to be present at such hearing and to be represented by the City
Attorney.
- ~ (d) ~ .The Appellant shall have the right to be present at such hearing and to be
represented by an AFSCME bargaining agent or an attorney of his/her
choice.
(e) The findings of the Hearing Examiner shall be based upon competent
substantial evidence of record.
(f) The Appointing Officer shall have the burden of presenting evidence to
support the truth of the charges as contained in the written notice.
(g) The Appellant shall have the right to present evidence to refute the charges
brought against him/her.
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d.-
(h) The Appellant shall have the right to be confronted by his/her accuser, and
the Appellant and the Appointing Officer shall each have the right to cross-
- examine the witnesses of the other.
'(i) After both the Appointing Officer and the Appellant shall have presented their
testimony and evidence, the Hearing Examiner shall receive argument in
summation. The.Appointing Officer shall have both the opening and closing
argument.
(j) -After the completion of closing oral argument, the Hearing Examiner shall
consider the testimony and evidence presented before the Hearing Examiner to
determine the truth or untruth of the charges.
(k) Within five (5) working days after the completion of the hearing, the Hearing
Examiner shall issue his or her findings as to the truth or untruth of the charges
in writing. The City Manager's designee, for Labor Relations shall promptly
deliver or mail a copy of such findings to the Appointing Officer and to the
Appellant:
- (I). A copy of the written statement given the officer or employee, a copy of any
reply thereto, and a copy of the findings of the Hearing Examiner shall be filed
as a Public Record in the Human Resources Department:
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