2013-28284 Resor•
RESOLUTION NO. 2013-28284
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, RATIFYING A THREE (3) YEAR LABOR
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE
COMMUNICATIONS WORKERS OF AMERICA/LOCAL NO. 3178 (CWA),
FOR THE PERIOD FROM OCTOBER 1, 2012, THROUGH SEPTEMBER
30, 2015; AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE AGREEMENT.
WHEREAS, the City Manager is hereby submitting to the Mayor and City Commission
the labor agreement, negotiated between the City and the Communications Workers of
America/Local No. 3178 (CWA), for the time period of October 1, 2012, through September 30,
2015; and
WHEREAS, the previous labor agreement was for a three year period from October 1,
2009, through September 30, 2012; and
WHEREAS, on September 30, 2012 the Collective Bargaining Agreement between the
parties expired; and
WHEREAS, the CWA bargaining unit employees held a ratification vote on July 15,
2013; whereby the proposed 2012-2015 collective bargaining agreement was approved by 84%
of bargaining unit members;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approve and authorize the Administration
to ratify the three (3) year Agreement with CWA, attached as Exhibit A, for the time period
covering October 1, 2012, through September 30, 2015.
PASSED AND ADOPTED THIS 17-/ti DAY OF JK IEL 2013.
ATTEST:
R FAEL GR MAT I HERIR OWER
CITY CLER ........... MAYOR
APPROVED AS.TO
lk -jE
T:\AGENDA\;013\J��4� ���12-2 5 Labor Agreement Reso.docx & FOR EXECUTION
�. L
- , ;; V% ,�;, Cdr Aflor Date
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor And City Commission of the City of Miami Beach, Florida, Ratifying a Three-year Labor Agreement
Between the City of Miami Beach and the Communications Workers of America, Local 3178 (CWA), for the period beginning
October 1, 2012, through September 20, 2015, and authorizing the Mayor and City Clerk to execute the Agreement.
Key Intended Outcome Supported:
Attract and maintain a Workforce of Excellence.
Supporting Data(Surveys,Environmental Scan,etc During the October 1,2009—September 30,2012, collective bargaining
process the parties negotiated changes that resulted in employee givebacks of over $15 million between Fiscal Year (FY)
2009/2010 and FY 2010/2011 and$20 million when you include FY 2011/2012(Unclassified and Others,although not represented
by a union,also contributed to the employee giveback total). These givebacks included a number of pension changes applicable
to current and future employees who participate in the Miami Beach Employees' Retirement Plan (MBERP) and resulted in
reducing the City's pension contributions for the short and long-term.
In the past six years there have only been two cost of living adjustments (COLA) extending the minimum and maximum of the
ranges
Item Summa /Recommendation:
After 15 negotiation session,the City and CWA reached a tentative three-year labor agreement covering the time period of October
1,2012,through September 30,2015. In this agreement,employee concessions include:a zero COLA for 24 months and a freeze
on merit increases for 12 months. As a result of these negotiations,the City agreed to: a three percent COLA effective the first pay
period in October 2014; eligibility for a three percent merit increase on or after October 1,2013;eligibility for a three percent merit
increase on or after October 2014; and a reduced merit increase eligibility of two percent for future merit increases, if any.
The parties have also agreed to pension plan changes applicable to current and future bargaining unit employees. The two year
past service purchase option will be eliminated effective October 1,2013,contingent upon at least one of the other two unions with
whom the City is still negotiating and whose members participate in MBERP,agreeing to a parallel provision. Furthermore,effective
July 17, 2013, the City agreed to extend the Deferred Retirement Option Plan (DROP)from three to five years for bargaining unit
members hired prior to September 2010.
The CWA president reported that the contract was ratified by 84 percent of the members who voted July 15, 2013.
The value of this proposal is estimated to result in a cost impact of$1.8 million through the term of the agreement.
Financial Information:
Amount Account
Source of Making Lifeguards I and II and Lifeguard Lieutenants whole
Funds: 1 FY2012/2013 (longevity/EMT)which is ameliorated by savings from FY2012/13 no
$113,500 merit increases; salary impact of extending the DROP from three to
five year s.
FY 2012/13 cost impact, three percent merit eligibility, eleven percent
2 FY2013/2014 extension of the salary range for Lifeguard II and Lieutenants, shift
$366,110 differential, holiday pay, union time bank
3 FY2014/2015 from FY 2013/14 cost impact, three percent merit eligibility and three
$1,343,090 percent COLA
OBPI Total $1,822,700
Financial Impact Summary: Costs associated with new economic terms and conditions of employment are counterbalanced
by concessions made in prior years which remain in effect(e.g. application of FLSA and concessions regarding MBERP.
City Clerk's Office Legislative Tracking:
[-Sylvia Crespo-Tabak, Human Resources Director
Sign-Offs.
Department Director Assistant City Manager City Manager
Sylvia Cres o-Tabak Kathie rooks Jimmy L. Morales
0
WV
T:W ENDA\2013\July 17\CWA\CWA 2012-2015 Labor Agreemem Summary.doc
AA1� A/\/'\' 11 'D_m` EACH OAT
AGENDA ITEM
MIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and M mbers of t e City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 17, 2013
SUBJECT: A RESOLUTION OF THE MAYOi AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, RATIFYING A THREE (3) YEAR LABOR AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND THE COMMUNICATIONS WORKERS OF
AMERICA, LOCAL 3178 (CWA), FOR THE PERIOD FROM OCTOBER 1, 2012
THROUGH SEPTEMBER 30, 2015; AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE AGREEMENT.
ADMINISTRATIVE RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The City's workforce is divided into seven salary groups: (1) those covered by the American
Federation of State, County and Municipal Employees, Local 1554 (AFSCME) bargaining unit; (2)
those covered by the Communications Workers of America, Local 3178 (CWA) bargaining unit; (3)
those covered by the Government Supervisors Association of Florida/OPEIU, Local 100 (GSA)
bargaining unit; (4) those covered by the Fraternal Order of Police, William Nichols Lodge No. 8
(FOP) bargaining unit; (5) those covered by the International Association of Fire Fighters, Local
1510 (IAFF)bargaining unit; (6) Unclassified; and (7) "Others" (classified service employees not
represented by a bargaining unit).
During the October 1, 2009 — September 30, 2012, collective bargaining process the parties
negotiated changes that resulted in employee givebacks of over $15 million between Fiscal Year
(FY) 2009/2010 and FY 2010/2011 and $20 million when you include FY 2011/2012 (Unclassified
and Others, although not represented by a union, also contributed to the employee giveback total).
These givebacks included a number of pension changes applicable to current and future employees
who participate in the Miami Beach Employees' Retirement,Plan (MBERP) and resulted in reducing
the City's pension contributions for the short and long-term.
Pension changes for the City Fund for Firefighters and Police Officers in the City of Miami Beach
(Fire and Police Pension Plan) were negotiated for implementation in 2010; however, they were
insufficient to address the short-term and increasing benefit cost which, in recent years, has
represented the fastest growing cost in the City's budget.
Based on the current draft valuation for the Fire and Police Pension Plan and the adopted valuation
City Commission Memorandum
July 17,2013
CWA 2012-2015 Ratified Collective Bargaining Agreement
Page 2 of 7
for the MBERP, the City's annual required contribution (ARC) toward both plans is estimated at
$67.7 million (this represents an increase of $2.2 million in the Fire and Police Pension Plan and an
increase of$5 million in MBERP).
In the adopted FY 2012/13, budget, employee givebacks represented $3.782 million in savings
(approximately $3 million in the General Fund) which were to be allocated among the seven salary
groups. The methodology to allocate the givebacks for each salary group was the proportionate
share of the City's total costs for pension and health benefits for FY 2012/13, as in recent years
these have been major personnel expenditure cost drivers. To date, some level of givebacks have
been achieved only for CWA, Unclassified and "Others" salary groups, through merit freezes for
employees in these salary groups.
OCTOBER 1, 2009—SEPTEMBER 30, 2012, COLLECTIVE BARGAINING AGREEMENT
The CWA collective bargaining agreement for October 1, 2009, through September 12, 2012,
contained compensation and benefit changes that on September 30, 2012, resulted in a 16 percent
salary reduction for some individual bargaining unit members.
Some of the CWA bargaining unit employee concessions that differed significantly from the
compensation and benefits negotiated by the other collective bargaining units during the same
contract period include:
• Overtime Pav— Effective October 1, 2010, only actual hours worked, as defined by the Fair
Labor Standards Act (FLSA), are considered for the purposes of computing overtime. CWA
is the only collective bargaining unit whose overtime compensation is based on adherence to
the FLSA.
• Holiday Pay —Effective October 1, 2010, holiday pay was reduced from double-time-and-a
half to time-and-a-half, inclusive of pay for time worked, for employees working on the
holiday. Employees who did not work on the holiday continued to get paid for the holiday.
• Longevity Pa v — Prior to October 1, 2010, all Lifeguards I, Lifeguards II and Lifeguard
Lieutenants were in the City's Automatic Step Pay Plan System, therefore, eligible to receive
longevity pay, an additional, permanent, percentage-based increase based on their earnings
and years of service. Effective October 1, 2010, all Lifeguards I and 11 and Lifeguard
Lieutenants were placed in the City's Pay for Performance System and on September 30,
2012, the longevity pay supplement was eliminated.
When the longevity pay supplement ceased for the Lifeguard classifications on September
30, 2012, the dollar equivalent was not added to their base pay and the maximum of the
range was only extended for Lifeguards I.
In contrast, in March 2006, when the pay supplement was eliminated for all other CWA
bargaining unit employees, the maximum of the ranges were extended by 11 percent to
incorporate the value of the longevity pay supplement. By extending the ranges by 11
percent the dollar equivalent of the longevity pay supplement was added to the base pay in
2006.
• Emergency Medical Technician (EMT) Certification Pa v— The five percent EMT certification
pay was eliminated for all Lifeguards I, Lifeguards II, Lifeguard Lieutenants, Pool Guards I
City Commission Memorandum
July 17, 2013
CWA 2012-2015 Ratified Collective Bargaining Agreement
Page 3 of 7
and Pool Guards II effective September 30, 2012. EMT certification pay is still provided to
qualifying employees covered by GSAF and IAFF.
• Shift Differential — Effective October 1, 2010, the shift differential incentive pay, (which
ranged from $.45 to $.55 per hour, for the afternoon and the midnight shift, respectively) was
eliminated. This incentive pay is still provided to qualifying employees covered by GSAF,
AFSCME, IAFF and FOP.
• Cleaning Allowance— Effective October 1, 2010, the uniform cleaning allowance supplement
was eliminated for all CWA bargaining unit members. Currently, qualifying employees
covered by IAFF and FOP continue to receive this supplement.
ANALYSIS
CWA's portion of the $3.782 million in employee givebacks for FY 2012/13 was $417,000. Upon
expiration of the 2009-2012 collective bargaining agreement, September 30, 2012, the status quo
provision concerning wages reflected a freeze on merit increases for all CWA bargaining unit
employees until the parties collectively bargained a successor agreement that included wage
increases or merit pay. The FY 2012/13 budget anticipated a savings of $250,000 from the merit
freeze for CWA bargaining unit employees.
On September 30, 2012, the 2009-2012 CWA collective bargaining agreement expired. The City and
CWA began meeting in September 2012, to negotiate a successor agreement. After fifteen
sessions, on June 28, 2013, the City and CWA reached a tentative three-year agreement covering
the period October 1, 2012, through September 30, 2015. The CWA leadership held a ratification
vote on the proposed agreement on Monday, July 15, 2013. As per the attached letter from the
CWA President, Richard McKinnon, the agreement was ratified by 84 percent of the members who
voted. (Attachment 1)
The following is a summary of the tentative agreement. The entire tentative collective bargaining
agreement is provided as Exhibit A to this memorandum.
• Cost of Living Adjustment (COLA)
• Effective October 1, 2012, there will be no across-the-board wage increases.
• Effective October 1, 2013, there will be no across-the-board wage increases.
• Effective October 1, 2014, there will be a three percent (3%) across-the-board
wage increase that will extend the minimum and maximum of the salary ranges
for all classifications covered by the CWA bargaining unit. The FY 2014/15
estimated impact to the City from the 3% COLA is $746,000.
• Merit Increases
■ Effective October 1, 2012, there will no merit increases. The savings to the City
from no merit increases during FY 2012/13 is ($185,000). This differs from the
$250,000 budgeted savings due to employee turnover as well as the fact that the
budget assumes all positions are filled, while the $185,000 savings does not
include savings from vacant positions.
■ Effective September 29, 2013, employees who score at least 60 points on their
City Commission Memorandum
July 17, 2013
CWA 2012-2015 Ratified Collective Bargaining Agreement
Page 4 of 7
annual evaluations will be eligible for a three percent merit increase on their
anniversary date. The FY 2013/14 estimated impact to the City from a two percent
(2%) merit (status quo) to a three percent merit is $91,000, and the FY 2014/15
impact of this merit is estimated at $149,000.
■ Effective September 29, 2014, employees who score at least 60 points on their
annual evaluations will be eligible for a three percent merit increase on their
anniversary date. The FY 2014/15 estimated impact to the City from an increase
from a two percent (2%) merit to a three percent (3%) merit is $92,000.
■ Effective September 30, 2015, the merit increase will be reduced to a maximum of
two percent. This will be the status quo provision at expiration of the 2012-2015
collective bargaining agreement. The cost impact of this provision will be applied
in FY 2015/16, the beginning of a new contract period.
• Holiday Pay
Based on the changes implemented in 2010, employees who do not work on a holiday are
paid for more hours in the pay period than those who do work, creating a disincentive.
Effective October 1, 2013, employees who do not work on a holiday shall receive regular
holiday pay. Employees who work the holiday will be paid for all hours worked at a straight
time or overtime rate, whichever is applicable, plus holiday pay at the employee's straight
time rate. Employees who are called into work on a holiday shall receive their holiday pay at
straight time rate and pay for all hours worked at their regular or overtime rate, pursuant to
FLSA. The impact to the City due as a result of this revision in holiday pay compensation is
estimated to be $108,000 in FY 2013/14 and $108,000 in FY 2014/15.
• Shift Differential
Effective October 1, 2013, shift differential pay of fifty-five cents ($.55) will be reinstated for
hours worked between 11 P.M. and 6:30 A.M. The FY 2013/14 estimated impact to the City
is $30,000 and in FY 2014/15 is $30,000.
Emergency Medical Technician (EMT) Pay
Effective October 1, 2012, Lifeguards I, 11 and Lieutenants and Pool Guards who were
receiving EMT certification pay on September 29, 2012, shall receive the dollar equivalent of
the certification pay they were receiving on that date, as a flat-rate, non-compounding,
supplement on a biweekly basis; provided the employees maintain their EMT certification
from the State of Florida. The estimated impact to the City for this provision is approximately
$116,000 per fiscal year. This provision applies only to employees who were receiving the
EMT pay supplement and lost it in September 2012. Due to employee attrition the cost of this
benefit will eventually disappear.
• Longevity Integration
■ Effective October 1, 2012, the maximum wage for Lifeguards II and Lifeguard
Lieutenants will be increased by 11 percent, consistent with the treatment in the 2006
contract. The estimated impact to the.City from future merit increases from increasing
the maximum of the range is $7,000 in FY 2013/14 and $13,000 FY 2014/15.
City Commission Memorandum
July 17, 2013
CWA 2012-2015 Ratified Collective Bargaining Agreement
Page 5 of 7
■ Effective October 1, 2012, Lifeguards I and II and Lifeguard Lieutenants who were
receiving a longevity pay supplement on September 29, 2012, will have their base
salaries increased by the dollar equivalent of the supplement. The estimated impact
to the City is $137,000 per fiscal year. This provision only applies to qualifying
employees who were already receiving the longevity pay supplement.
• Union Time Bank
Effective October 1, 2013, the CWA union time bank will be increased from 1,500 hours per
contract year to 2,250 hours per contract year. The FY 2013/14 estimated impact of
increasing the time bank hours is $34,550.
• Druq/Alcohol Testin_g
Effective upon ratification of the agreement, the' random and reasonable suspicion
drug/alcohol testing program will apply to all CWA bargaining unit employees, not as
previously negotiated just to incumbents in certain classifications. The panel of controlled
substance for which employees will be tested increased from 5 to 10 separate substances.
Additionally, revised language indicates that the testing program will be conducted in
accordance with the Code of Federal Regulations, Part 40. This will result in a slightly higher
cost to the City due to testing more employees for more substances.
Employees whose positions require a commercial driver's license (CDL) will continue to be
tested according to the applicable Federal guidelines.
• Extension of the Deferred Retirement Option Plan (DROP)
Effective July 17, 2013, the City agreed to extend the three-year DROP to five years for all
employees covered by the CWA collective bargaining agreement who were hired prior to
September 2010, and allow employees currently participating in the three-year DROP to
enter into the five year DROP. The agreement was reached contingent upon the extension
not resulting in increased cost to the City. Gabriel, Roeder and Smith (GRS), the actuary for
MBERP estimated that from the extension negotiated for MBERP members, the City will
save an estimated $778,000 in pension costs in year one, of which $223,400 is estimated to
be attributable to CWA. (The extension of the period from three to five years is intended to
apply to all participants in the MBERP except employees hired before September 2010, and
covered by AFSCME and GSA; and is also contingent upon a savings in the ARC.)
Extension of the DROP will result is the City not realizing savings in salary costs by hiring
new employees at a lower pay level. The additional salary expense is approximately $45,000
for FY 2012/13, $84,100 for FY 2013/14, and $267,100 for FY 2014/15.
• Elimination of Two-Year Past Service Option
Effective September 30, 2013, the ability to purchase up to two years of prior creditable
service will be eliminated for employees covered by the CWA collective bargaining
agreement (as well as employees in the Unclassified and "Others" salary groups). The
elimination of the Two-Year Past Service Purchase Option for employees covered by the
CWA collective bargaining agreement is contingent on a parallel agreement with at least one
of the remaining two general employee bargaining units that participate in MBERP and with
City Commission Memorandum
July 17, 2013
CWA 2012-2015 Ratified Collective Bargaining Agreement
Page 6 of 7
whom the City is still negotiating.
On average, since 2006, there have been 157 past service purchases or buybacks in the
General Plan each year. GRS has estimated that the approximate cost to the City, for an
average employee earning $60,000 per year is $26,000. For 157 employees this equates to
a cost of $4.082 million, of which approximately $1.2 million is estimated to be attributable to
CWA.
This amount compounds each year as additional employees buy back and the loss is
amortized.
GRS has also informed the City that the Plan assumptions do not take into account the past
service purchase in calculating the ARC. The impact is recognized as an experience loss
each year. GRS estimates the amortized value to be $2,300 per person or $361,000 per
year for an average salaried employee, assuming all actuarial assumptions are met, of which
$108,100 is estimated to be attributable to CWA.
FY 2013/14 FY 2014/15 FY 2015/16 FY 2016/17
FY 2013/14 loss amortization $108,100 $108,100 $108,100 $108,100
FY 2014/15 loss amortization $108,100 $108,100 $108,100
FY 2015/16 loss amortization $108,100 $108,100
FY 2016/17 loss amortization $108,100
Total $108,100 $216,200 $324,300 $432,400
• Additional 2 Percent Employee Contribution to the Miami Beach Employees'Retirement Plan
MBERP
Similar to the addition of two percent employee contribution when pension costs increased,
the City has agreed that should the City's ARC decrease to 23.5% of pensionable payroll, the
City will discontinue the additional 2 percent employee pension contribution that was levied
on all MBERP members in 2010.
CONCLUSION
The terms and conditions of the proposed three-year labor agreement between the City and CWA
include a total estimated cost impact to the City of $113,500 for FY 2012/13; $366,110 for FY
2013/14; and $1,343,090 for FY 2014/15. The total estimated three-year impact is $1.82 million.
In spite of the increased cost, the agreed upon terms and condition of employment will result in long-
term pension savings and in creating parity among employees covered by the CWA and other
general employees who participate in MBERP.
Based on the Actuarial Impact Statement provided by GRS (Attachment 2), the estimated pension
savings attributable to extending the DROP from three to five years is $778,000 from the ARC
payable on October 1, 2014. This value is based on all members participating in the MBERP.
Estimates indicate that employees covered by the CWA bargaining unit account for approximately
30 percent of MBERP membership. Therefore, it is estimated that the pension changes attributable
to employees in these three salary groups will yield a savings of $223,400 off the ARC payable on
October 1, 2014.
City Commission Memorandum
July 17,2013
CWA 2012-2015 Ratified Collective Bargaining Agreement
Page 7 of 7
The City and CWA have also agreed to eliminate the two year past service option for IVIBERP. The
savings from the elimination of the buyback described earlier will be recognized over time.
The City is still negotiating a successor agreement with AFSCME and GSAF to achieve givebacks
similar to those from CWA.
The Administration recommends adopting the Resolution to ratify the three-year labor agreement
with the CWA bargaining unit for the time period covering October 1, 2012, through September 30,
2015.
J LM/K /SC-T
.T:WGENDA\2013\July 17\CWA 2012-2015 Labor Agreement Memo.docx
I
ATTACHMENT 1
01414 COMMUNICATIONS WORKERS OF AMERICA 7455 Collins Ave., Suite 212
I LOCAL 3178—MIAMI BEACH Miami Beach, FL, 33141
AFL-CIO - CLC (305) 401-0927
CWA3178.President@amail.com
EXECUTIVE OFFICERS July 15, 2013
RICHARD D.Mc KII\INON
President Mr. Jimmy Morales
JOSEPH FISHER Miami Beach City Manager
Vice-President 1700 Convention Center Drive
JONATHAN SINKES Miami Beach, FL 33139
Secretary
VICTORIA STEVENS
Treasurer Dear Mr. Morales
OTHER EXECUTIVE On this day, CWA Local 3178 conducted a ratification vote regarding our
BOARD MEMBERS tentative agreement.
JASON CASANOVA
Chief Steward I would like to inform you that the tentative agreement was approved
SECTION-I overwhelmingly by 84% of the bargaining unit members who voted.
EMIL CRUZE
Chief Steward I would like to thank you and your team for all your hard work and
SECTION-2
consideration. This contract will go a long way with restoring good
OSVALDO GARCIA JR relations with CWA and the City of Miami Beach and we're looking
Chief Steward
SECTION-3 forward to work with you on future endeavors.
MANUEL VILLAR JR
Chief Steward
SECTION-4 Sincerely
ALEXANDER OTT
Chief Steward
SECTION-5
JASON BRUDER a �
�hivt
Chief Steward
SECTION-6
Richard McKinnon
EDWARD DIAZ President of CWA Local 3178
Chief Steward
SECTION-7
ATTACHMENT 2
Gabriel Roeder Smith & Company- One East Broward Blvd. 954.527.1616 phone
GRS Consultanrs&actuaries Suite 505 954.525.0083 fax
Ft.Lauderdale,Fl.33301-1304 www.o,abrielroeder.com
July 15,2013
Ms. Carla Gomez
Assistant Director,Human Resources
City of Miami Beach
1.700 Convention Center Drive
Miami Beach,Florida 33139
Re: Actuarial impact Statement for Proposed Changes to the Miami Beach Employees'Retirement flan
Dear Carla:
As requested,we have prepared the enclosed Actuarial Impact Statement showing the financial effect of the
following proposed changes to the Miami Beach General Employees'Retirement System:
1. The maximum period for participation in the Deferred Retirement Option Program(DROP)would be
extended from three to five years for members hired before October 1,2010(i.e.,Tier A and Tier B
members). This extension would apply to all active members in Tiers A and.B who elect to participate
in the DROP in the future as well as current DROP members. The 2.5%COLA is not payable while
members are in the DROP.
2. The option for members to purchase up to 2-years of credited service would be eliminated.
The Statement must be filed with the Division of Retirement before the final public hearing on the ordinance.
Please have a member of the Board of Trustees sign the Statement. Then send the Statement along with a copy
of the proposed ordinance to Tallahassee.
With regard to item 2 above,the employer portion of the cost for members to purchase service is not prefunded.
Therefore,eliminating the service purchase provision will not have an immediate financial effect on the Plan.
When we prepare our annual valuation,any increases to the liability due to service purchased during the
previous year are reflected in the net gain/loss for the year,which is amortized over 30 years.
The ultimate cost of the current service purchase provision is measured by the difference between the full
actuarial cost of the service purchased and the amount that members currently pay to purchase service(i.e.,
10%of pay for each year purchased). As an example,the full actuarial cost to purchase the maximum of 2
years of service for a member who is currently age 45 with 10 years of credited service and an annual salary of
$60,000 is approximately$38,000. Under the current provisions,the member pays$12,000. The difference of
$26,000 i
Ms. Carla Gomez
July 15,2013
Page 2
Summary of Findings
• The present value of future benefits decreases by approximately$7.8 million.
- The Plan would be expected to pay out$7.8 million less,in today's dollars,to current members
of the Plan. This can be viewed as the total cost impact due to the extension of the DROP if the
actuarial assumptions are met each year.
• There is a decrease in the first year Annual Required Contribution for the City that is comprised of a
reduction in the amortization payments on the Unfunded Accrued Liability and a reduction in the normal
cost.
- The Unfunded Accrued Liability decreased by approximately$6.1 million. This reduction will .
decrease the annual required contribution by approximately$540,000 each of the next 30 years.
- The first year normal cost will decrease by approximately$238,000 which is 0.34%of total
covered payroll(0.38% of Tier A and B member covered payroll). The reduction of 0.38%of
Tier A and Tier B member covered payroll will exist until all Tier A and Tier B members have
retired.
- The first year required employer contribution would decrease by approximately$778,000 or
1.19%of Non-DROP payroll.
- The funded ratio will increase from 66.1%to 66.7%.
Other Cost Considerations
■ As of October 1,2012 the Market Value of Assets exceeds the Actuarial Value by$2.07 million. This
difference will be recognized over the next several years. Once all the gains and losses through September
30,2012 are fully recognized in the Actuarial Value of Assets,the contribution rate will decrease by
roughly 0.3%of non-DROP payroll unless there are further gains or losses.
Additional Disclosures
This report was prepared at the request of the City with the Board's permission and is intended for use by the
City and the Retirement Plan, and those designated or approved by them. This report may be provided to
parties other than the City and Retirement Plan only in its entirety and only with their permission.
This report is intended to describe the financial effect of the proposed plan changes.No statement in this
report is intended to be interpreted as a recommendation in favor of the changes,or in opposition to them.
This report should not be relied on for any purpose other than the purpose described above.
The calculations in this report are based upon information furnished by the Plan Administrator for the
October 1, 2012 Actuarial Valuation concerning Plan benefits,financial transactions,plan provisions and
active members, terminated members,retirees and beneficiaries. We reviewed this information for internal
and year-to-year consistency, but did not otherwise audit the data. We are not responsible for the accuracy or
completeness of the information provided by the Plan Administrator.
The calculations are based upon assumptions regarding future events,which may or may not materialize.
They are also based on the assumptions,methods,and plan provisions outlined in this report. Future
actuarial measurements may differ significantly from the current measurements presented in this report due
to such factors as the following: plan experience differing from that anticipated by the economic or
demographic assumptions;changes in economic or demographic assumptions; increases or decreases
expected as part of the natural operation of the methodology used for these measurements(such as the end of
Gabriel Roeder Smith & Company
Ms.Carla Gomez
July 15, 2013
Page 3
an amortization period or additional cost or contribution requirements based on the plan's funded status);and
changes in plan provisions or applicable law. If you have reason to believe that the assumptions that were
used are unreasonable,that the plan provisions are incorrectly described,that important plan provisions
relevant to this proposal are not described,or that conditions have changed since the calculations were made,
you should contact the author of the report prior to relying on information in the report.
The undersigned actuaries are members of the American Academy of Actuaries and meet the Qualification
Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The
undersigned actuaries are independent of the plan sponsor.
This report has been prepared by actuaries who have substantial experience valuing public employee
retirement systems.To the best of our knowledge the information contained in this report is accurate and
fairly presents the actuarial position of the Plan as of the valuation date. All calculations have been made in
conformity with generally accepted actuarial principles and practices,and with the Actuarial Standards of
Practice issued by the Actuarial Standards.Board and with applicable statutes.
Respectfully submitted,
Melissa R.Algayer,lViAAA,FCA j!P11'ed ose,MAAA
Enrolled Actuary No. 11-6467 Actuary No. 11-6599
Copy: Rick Rivera
Enclosures
Gabriel Roeder Smith & Company
1
SUPPLEMENTAL ACTUARIAL VALUATION REPORT
Plan
City of Miami Beach Employees' Retirement Plan
Valuation Date
October 1,2012
Date of Report
July 15,2013
Report Requested by
City of Miami Beach
Prepared by
Melissa R.Algayer
Group Valued
All active and inactive members.
Plan Provisions Being Considered for Change
Present Plan Provisions Before Chance
• Members hired before October 1,2010(i.e.,Tier A and Tier B members)who become eligible for
normal retirement may participate in the Deferred Retirement Option Program(DROP)for up to three
years.The annual cost-of-living adjustment(COLA)of 2.5%is not payable while members are in the
DROP.
• Members who have five or more years of service may elect to purchase up to two years of additional
credited service at any time prior to retirement. Members who elect to purchase such service pay
10%of the annual rate of compensation multiplied by the number of years purchased.
Proposed Plan Changes
• Members hired before October 1,2010(i.e.,Tier A and Tier B members)who become eligible for
normal retirement may participate in the Deferred Retirement Option Program(DROP)for up to five
years. Members currently participating in the three-year DROP may also continue participation for an
additional two years(five years total). The annual COLA of 2.5%is not payable while members are
in the DROP.
• The optional service purchase provision would be eliminated.
2
Participants Affected
The extension of the DROP participation period would apply to members hired prior to October 1,2010
(i.e.,Tier A and Tier B members)who become eligible for normal retirement and current members
participating in the DROP as the effective date of the amending ordinance.
Elimination of the optional service purchase provision would apply to all active members after the
effective date of the amending ordinance.
Actuarial Assumptions and Methods
To measure the impact of extending the DROP,the assumed COLA delay was increased from 2.75
years to 4 years for active Tier A and Tier B members. Additionally, the COLA delay was increased
from 3 years to 5 years for members currently participating in the DROP.
All other assumptions and methods are the same as shown in the October 1,2012 Actuarial Valuation
Report.
Some of the key assumptions/methods are:
Investment return— 8.0%per year
Salary increase — 4.5% to 7.0%depending on service
Cost Method — Entry Age Normal Cost Method
Amortization Period for Any Change in Actuarial Accrued Liability
30 years.
Summary of Data Used in Report
Same as data used in October 1,2012 Actuarial Valuation Report.
Actuarial Impact of Proposal(s)
See attached page(s). Extending the DROP from three to five years will decrease the first year annual
required contribution by$778,439 or 1.19%of Non-DROP payroll.
Since the employer portion of the cost for members to purchase service is not prefunded,eliminating
the optional service purchase provision would not have an immediate financial effect on the Plan.
Special Risks Involved With the Proposal That the Plan Has Not Been Exposed to Previously
None
Other Cost Considerations
As of October 1,2012 the Market Value of Assets exceeds the Actuarial Value by$2.07 million. This
difference will be recognized over the next several years. Once all the gains and losses through
September 30,2012 are fully recognized in the Actuarial Value of Assets,the contribution rate will
decrease by roughly 0.3%of non-DROP payroll unless there are further gains or losses.
3
CITY OF MIAMI BEACH EMPLOYEES' RETIREMENT PLAN
Impact Statement—July 15,2013
Description of Amendment
The proposed ordinance incorporates the following plan changes:
1. The maximum period for participation in the Deferred Retirement Option Program(DROP)
would be extended from three to five years for members hired before October 1,2010(i.e.,Tier A
and Tier B members). This extension would apply to all active members in Tiers A and B who
elect to participate in the DROP in the future as well as current DROP members. The 2.5%
COLA is not payable while members are in the DROP.
2. The option for members to purchase up to 2-years of credited service would be eliminated.
Funding Implications of Amendment
Se attachments.
Certification of Administrator
I believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statutes and Section
14, Article X of the Constitution of the State of Florida.
For the Board of Trustees
as Plan Administrator
4
ANNUAL,REQUIRE) CONTRIBUTION (ARC)
A. Valuation Date October 1, 2012 October 1, 2012 Increase/
Valuation Extend DROP from (Decrease)
Three to Five Years
B. ARC to Be Paid During
Fiscal Year Ending 9/30/2014 9/30/2014
C. Assumed Date of Employer Contrib. 10/1/2013 10/1/2013
D. Annual Payment to Amortize
Unfunded Actuarial Liability $ 17,184,796 $ 16,685,042 $ (499,754)
E. Employer Normal Cost 7,085,589 6,864,566 (221,023)
F. ARC if Paid on the Valuation Date:
D+E 24,270,385 23,549,608 (720,777)
G. ARC Adjusted for Frequency of
Payments 26,212,016 25,433,577 (778,439)
H. ARC as % of Covered Payroll
-Non-DROP Payroll 40.29 % 39.10 % (1.19) %
-Total Payroll 37.56 % 36.45 % (1.11) %
I. Covered Payroll for Contribution Year
-Non-DROP Payroll 65,053,945 65,053,945 -
-Total Payroll 69,782,689 69,782,689 -
5
ACTUARIAL VALUE OF BENEFITS AND ASSE'T'S
A. Valuation Date October 1, 2012 October 1, 2012 Increase/
Valuation Extend DROPfrom (Decrease)
Three to Five Years
B. Actuarial Present Value of All Projected
Benefits for
1. Active Members
a. Service Retirement Benefits $ 264,825,342 $ 258,655,513 $ (6,169,829)
b. Vesting Benefits 31,967,178 31,967,178 -
c. Disability Benefits 7,271,899 7,271,899 -
d. Preretirement Death Benefits 3,953,764 3,953,764 -
e. Return of Member Contributions 631,843 631,843 -
f. Total 308,650,026 302,480,197 (6,169,829)
2. Inactive Members
a. Service Retirees & Beneficiaries 409,347,392 407,731,946 (1,615,446)
b. Disability Retirees 12,377,127 12,377,127 -
c. Terminated Vested Members 11,480,115 11,480,115 -
d. Total 433,204,634 431,589,188 (1,615,446)
3. Total for All Members 741,854,660 734,069,385 (7,785,275)
C. Actuarial Accrued(Past Service)
Liability per GASB No. 25 637,363,774 631,287,564 (6,076,210)
D. Plan Assets
1. Market Value 423,447,642 423,447,642 -
2. Actuarial Value 421,376,041 421,376,041 -
E. Unfunded Actuarial Accrued Liability (C-D2) 215,987,733 209,911,523 (6,076,210)
F. Funded Ratio (D2 -C) 66.1 % 66.7 % 0.6 %
G. Actuarial Present Value of Projected
Covered Payroll 543,825,043 543,825,043 -
H. Actuarial Present Value of Projected
Member Contributions 51,791,078 51,791,078 -
6
CALCULATION OF EMPLOYER NORMAL COST
A. Valuation Date October 1, 2012 October 1, 2012 Increase/
Valuation Extend DROP from (Decrease)
Three to Five Years
B. Normal Cost for
1. Service Retirement Benefits $ 9,825,032 $ 9,604,009 $ (221,023)
2. Vesting Benefits 2,047,065 2,047,065 -
3. Disability Benefits 529,872 529,872 -
4. Preretirement Death Benefits 268,222 268,222 -
5. Return of Member Contributions 225,573 225,573 -
6. Total for Future Benefits 12,895,764 12,674,741 (221,023)
7. Assumed Amount for Administrative
Expenses 694,180 694,180 -
8. Total Normal Cost 13,589,944 13,368,921 (221,023)
%of Covered Payroll
-Non-DROP Payroll 20.89 % 20.55 % (0.34) %
-Total Payroll 19.47 % 19.16 % (0.31) %
C. Expected Member Contribution 6,504,355 6,504,355 -
%of Covered Payroll
-Non-DROP Payroll 10.00 % 10.00 % 0.00 %
-Total Payroll 9.32 % 9.32 % 0.00 %
D. Employer Normal Cost: B8-C 7,085,589 6,864,566 (221,023)
%of Covered Payroll
-Excluding DROP Payroll 10.89 % 10.55 % (0.34)
-Including DROP P ayroll 10.15 % 9.84 % (0.31) %
7
PARTICIPANT DATA
October 1, 2012 October 1, 2012
Valccation Extend DROPfrom
Three to Five Years
ACTIVE MEMBERS
Number(Non-DROP) 1,049 1,049
Covered Annual Non-DROP Payroll $ 65,053,945 $ 65,053,945
Average Annual Non-DROP Pay $ 62,015 $ 62,015
Total Covered Annual Payroll $ 69,782,689 69,782,689
Average Annual Pay $ 63,209 63,209
Average Age 45.1 45.1
Average Past Service 9.8 9.8
Average Age at Hire 35.3 35.3
DROP PARTICIPANTS
Number 55 55
Annual Benefits $ 2,994,703 2,994,703
Average Annual Benefit $ 54,449 54,449
Average Age 59.3 59.3
RETIREES & BENEFICIARIES
Number 1,002 1,002
Annual Benefits $ 33,085,394 $ 33,085,394
Average Annual Benefit $ 33,019 $ 33,019
Average Age 71.1 71.1
DISABILITY RETIREES
Number 43 43
Annual Benefits $ 1,117,160 $ 1,117,160
Average Annual Benefit $ 25,980 $ 25,980
Average Age 65.6 65.6
TERMINATED VESTED MEMBERS
Number 63 63
Annual Benefits $ 1,343,444 $ 1,343,444
Average Annual Benefit $ 21,325 $ 21,325
Average Age 45.9 45.9
EXHIBIT A
AGREEMENT
Between
CITY OF MIAMI BEACH, FLORIDA
MIAMI
BEACH
and
COMMUNICATIONS WORKERS OF AMERICA(CWA)
CUM
I
LOCAL 3178
Period Covered
I October 1, 201209 to September 30, 20154-2
TABLE OF CONTENTS
PAGE#
AGREEMENT................................................................................................................................................1
PREAMBLE...................................................................................................................................................2
ARTICLE 1 - Recognition
Section 1.1 Representation and Bargaining Unit.......................................................................3
Section1.2 Unit Description......................................................................................................3
Section 1.3 Job Classifications/Audits.......................................................................................4
ARTICLE 2 -Employee and Union Rights
Section 2.1 Employee Rights During Meetings or Interviews....................................................5
Section 2.2 Notice of Disciplinary Action...................................................................................5
Section 2.3 Retaliation for Exercising Rights.............................................................................6
Section 2.4 Union Membership/Right of Union to Represent Only Members ........................6
Section 2.5 Access to Personnel Records................................................................................7
Section 2.6 Employee Bargaining Team...................................................................................7
Section2.7 Recording Devices.................................................................................................7
Section 2.8 Voice Stress Analysis
Examinations and Psychological Examinations-_...................................................8
Section 2.9 Employee Examination Review..............................................................................8
Section2.10 Meeting Leave........................................................................................................8
Section 2.11 Information to be provided to Union by City............................................................9
ARTICLE 3 - Deduction of Union Dues
Section3.1 Check-off..............................................................................................................10
Section3.2 Indemnification .....................................................................................................10
ARTICLE 4-Grievance Procedure
Section 4.1 Purpose................................................................................................................
1
Section4.2 Definitions.............................................................................................................11
Section 4.3 Special Provisions................................................................................................12
Section 4.4 Grievances Involving Discipline............................................................................14
Section 4.5 Grievance Procedures..........................................................................................15
Section4.6 Arbitration .............................................................................................................16
Section 4.7 Differences Concerning Personnel Rules ............................................................18
Section4.8 Union Time Bank .................................................................................................18
ARTICLE 5 -No Strike and No Lockout
Section5.1 No Strike...............................................................................................................20
Section5.2 No Lockout...........................................................................................................20
ARTICLE6 Management Rights.............................................................................................................21
i
TABLE OF CONTENTS, continued PAGE#
ARTICLE 7 -Hours of Work and Overtime
Section7.1 Purpose ....................................................................................................22
Section7.2 Normal Workday...................................................................................................22
Section7.3 Normal Workweek.................................................................................................22
Section7.4 Overtime...............................................................................................................22
Section 7.5 Distribution of Overtime Opportunity....................................................................23
Section 7.6 Holiday Celebration and Pay for Working on Holiday...........................................23
Section7.7 Rest Periods.........................................................................................................25
Section7.8 Reporting Pay.......................................................................................................26
Section7.9 Come Back Pay....................................................................................................26
Section7.10 Standby Time .......................................................................................................26
Section7.11 Clean-Up Time.....................................................................................................26
Section7.12 No Pyramiding......................................................................................................26
Section 7.13. Essential Personannel (Hurricane Pay)................................................................26
ARTICLE 8 -Wages and Fringe Benefits
Section8.1 Wages..................................................................................................................27
Section8.2 Shift Differential....................................................................................................29
Section8.3 Holidays................................................................................................................29
Section 8.4 Bereavement Leave.............................................................................................29
Section 8.5 Rate of Pay When Working Out of Classification.................................................30
Section 8.6 Asphalt License Training and Certification .................................:........................30
Section8.67 Voting Time..........................................................................................................30
Section8.7-8 Meal Allowance.....................................................................................................30
Section8.99 Jury Duty...............................................................................................................30
Section8.910 Tool Allowance.....................................................................................................31
Section 8.11 Uniform Provision.................................................................................................31
Section8.12 Insurance..............o.........o...o.......0 ......................................................................32
Section8.13 Pension.................................................................................................................33
Section8.14 Vacation Benefits..................................................................................................37
Section 8.15 Sick&Vacation Leave Accrual and Maximum Payment on Termination ............38
Section8.16 Public Safety.........................................................................................................38
Section 8.17 Step&Longevity Integration Innreases for Lifeguard I, Lifeguard II and Lifeguard
Lieutenant..39
Section 8.18 Perfect Attendance Bonus....................................................................................40
Section8.19 Lead Person.............. .....................0............ .................................... ..................40
Section 8.20 Union Conventions...............................................................................................40
Section8.21 Orientation............................................................................................................40
Section 8.22 Educational Leave&Tuition Refund ...................................................................41
Section 8.23 Property Management- License(s) Maintenance......0...... ........ ....0.... ....0......41
Section 8.24 EMT Certification Pay...........................................................................................41
ii
I
TABLE OF CONTENTS. continued PAGE#
ARTICLE 9 -General Provisions
Section 9.1 Discrimination.......................................................................................................
4
Section 9.2 Meetings Between Parties....................................................................................
Section 9.3 Reduction in Work Force......................................................................................
42
Section 9.4 Work Rules...........................................................................................................
4
Section 9.5 Probationary Employees.......................................................................................
Section 9.6 "Temporary" Employees.......................................................................................
p rY" 43
Section 9.7 Political Activities of Employees...........................................................................
Section9.8 Safety................................................................................................... ...............
Section 9.9 Parking .................................................................................................................
4
Section 9.10 Glasses and Hats.................................................................................................
4
Section 9.11 Notification in the Event of Transfer or Contracting Out.......................................46
Section 9.12 Stress Reduction/Police Department's Public Safety Communications Unit........47
Section9.13 Bulletin Boards ............................................... ..................................... ............
Section 9.14 Seniority................................................................................................................
47
Section9.15 Safety Shoes........................................................................................................48
Section 9.16 Labor/Management Committee............................................................................
Section 9.17 Promotions...........................................................................................................
49
Section 9.18 Beach Patrol Promotions......................................................................................49
ARTICLE 10 -Drug and Alcohol Testing
Section10.1 — 10.37. ........................................................................................................ 50
Section 10.4 Drug/Alcohol Random Screening ............................................................
Section 10.5 Drug/Alcohol Reasonable Suspicion Testing ............................. ..........
Section 10.6 Positive Drug and/or Alcohol Test Results ..............................................
Section 10.7 Refusal to Submit ..............................................................................
Section 10.8 Last Chance Agreement
.............................................. 51
n+inn 1(1 Q I mac+ �nno AnroGn+ 54
ARTICLE11 -Entire Agreement...............................................................................................................52
ARTICLE12-Savings...............................................................................................................................53
ARTICLE13 -Term of Contract................................................................................................................54
EXECUTION................................................................................................................................................55
APPENDIXA-COMPENSATION PLAN....................................................................................................57
APPENDIXB -GRIEVANCE FORM...........................................................................................................63
iii
AGREEMENT
THIS AGREEMENT, was made and entered into on this day of ,
I
2013244-0 by and between the CITY OF MIAMI BEACH, FLORIDA (herein called the "City"), and the
COMMUNICATIONS WORKERS OF AMERICA(herein called the"Union").
CWA- 1
7/12/2013 7:07:10 PM
PREAMBLE
WHEREAS, the Union has been selected as the sole and exclusive bargaining representative by a
majority of the employees set forth in Article 1, and has been recognized by the City pursuant to the laws of
Florida as the sole and exclusive bargaining representative for said employees;
WHEREAS, the City and the Union have voluntarily endorsed the practices and procedures of
collective bargaining as a fair and orderly way of conducting relations between the City and the employees
covered by this Agreement insofar as such practices and procedures are appropriate to the obligations of the
City to retain the right effectively to operate the various departments of the City and are consonant with the
paramount interests of the public;
WHEREAS, it is the intention of the parties to this Agreement to provide, where not otherwise
mandated by Statute,for the salary schedule,fringe benefits and conditions of employment of the employees
covered by this Agreement,to provide for the continued and efficient operation of the various departments of
the City, and to provide an orderly and prompt method of handling and processing grievances;
NOW, THEREFORE, the parties agree with each other as follows:
CWA-2
7/12/2013 7:07:10 PM
ARTICLE 1
RECOGNITION
Section 1.1. Representation and Bargaining Unit.
The City recognizes the Union as the sole and exclusive representative of all employees in the unit described
below.
Section 1.2 Unit Description.
All regular, full-time employees in the following classified job descriptions, excluding all managerial,
supervisory, confidential, temporary, and casual employees, and employees currently represented in other
certified bargaining units:
Account Clerk I Engineering Inspector
Account Clerk II Field Inspector I
Account Clerk III Field Inspector II
Administrative Aide I Finance Specialist I
Administrative Aide II Finance Specialist II
Administrative Assistant I Finance Specialist III
Administrative Secretary Lifeguard I
Air Conditioning Mechanic Lifeguard II
Building Inspector Lifeguard Lieutenant
Buyer Mason
Carpenter I Masonry Helper
Carpenter II Mechanical Inspector
Clerk Meter Analyst
Clerk Typist Painter
Code Compliance Administrator Parking Dispatcher
Code Compliance Officer I Parking Enforcement Specialist I
Code Compliance Officer II Parking Enforcement Specialist II
Commission Reporter I Parking Meter Technician I
Commission Reporter II Parking Meter Technician II
Communications Operator Permit Clerk
Complaint Operator II Permit Clerk II
Crime Analysis Specialist Planning Technician
Crime Scene Technician I Plumber
Crime Scene Technician II Plumbing Inspector
CWA-3
7/12/2013 7:07:10 PM
Data Entry Clerk Pool Guard I
Dispatcher Pool Guard II
Dispatcher Trainee Police Fleet Specialist
Duplicating Equipment Operator Police Photographer
Electrical Inspector Police Records Technician
Electrician Property Evidence Technician I
Elevator Inspector Property Evidence Technician II
Engineering Assistant I Public Safety Specialist
Engineering Assistant II Revenue Processor I
Engineering Assistant III Revenue Processor II
Section 1.3 Job Classifications/Audits.
a) The City and the Union agree that in the event the City creates a new job classification within the
bargaining unit, or substantially changes the duties of a job classification which remains within the
bargaining unit, or combines job classifications within the bargaining unit as a result of job audits, or
market studies,the City will bargain with the Union concerning the appropriate rate of pay for the new,
changed, or combined jobs . However, in no event,will the position be paid at a lower rate of pay or
at a lower classification.
Until agreement is reached or impasse is resolved,affected employees will be paid as determined by
the City. Upon agreement as to the rate of pay for the new, changed,or combined job(s),the agreed
rate shall be retroactive to the date that the City filled the positions.
b) 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.
C) The City recognizes the life safety work that Lifeguard I, Lifeguard II and Lifeguard Lieutenants
perform is of a public safety service nature, however, the parties further agree and understand that
there is no assumption of additional compensation or benefits based on this recognition.
d) The City will conduct and complete a job classification audit of the Building Inspector classification.
CWA-4
7/12/2013 7:07:10 PM
ARTICLE 2
EMPLOYEE AND UNION RIGHTS
Section 2.1 Employee Rights During Meetings or Interviews.
a) An employee shall be entitled to request Union representation at all meetings where the
representative of the City intends to seek to gain information from the employee which may become a
part of the written disciplinary record 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) At the request of the employee, the City will advise the Union President of all such meetings with the
employee and the Union President will arrange to have a Union Representative present.
d) All meetings will be held in the City at a reasonable hour during the employee's shift or contiguous to
the shift on the clock, unless an emergency or serious condition prevents such action.
e) This provisions of Article 2, Section 2.1 shall be subject to the Union Time Bank as described in
Section 4.8.
Section 2.2 Notice of Disciplinary Action.
a) No reprimand, termination, suspension, demotion, punitive transfer, or punitive reassignment which
results in loss of pay shall be taken against an employee unless he/she is notified of the action, and
the reason(s)for such recommended action given in writing specifically prior to the action. Notice in
writing shall be given to the employee as soon as practicable.
b) If such disciplinary action is taken against any employee which results in loss of pay or monetary
benefits or denial of annual merit increase, Management will adhere to progressive discipline:
IWritten "verbal warnings" shall fKA-be kept in departmental or Human Resources files. If the
employee is not disciplined for the same incident again during a calendar year, the written "verbal
warning" shall not be used for his/her Annual Performance Evaluation report.
C) The employee must have received a Special Report during the evaluation period informing him/her of
CWA-5
7/12/2013 7:07:10 PM
the less than satisfactory performance and what action should be taken for improvement. A copy of
the Special Report must be submitted with the Annual Evaluation Report..
d) The employee must have received a warning during the evaluation period at least sixty (60) but no
more than ninety(90)days prior to an employee receiving a less than satisfactory performance. If the
unsatisfactory work performance occurred prior to ninety(90)days before the anniversary increase
was due, the warning must state what action the employee must take to correct the unsatisfactory
performance. A copy of the warning shall be submitted with the Annual Evaluation Report.
e) Nothing in this section shall be intended to contravene public record law.
f) Annual merit increases are not automatic and may be denied.
The employee's Department will be responsible for monitoring the progress or lack of progress on the
employee's effort to correct the problem which led to the unsatisfactory rating. Such follow-up shall be every
ninety(90)days after the corrective process commenced. Upon correction of the problem,the employee will
be granted the annual increase.
Section 2.3 Retaliation for Exercising Rights.
No employee, supervisor or management person shall be retaliated against or be threatened with any such
retaliation by reason of his/her exercise of any rights set forth in this Agreement.
Section 2.4 Union Membership-Right of Union to Represent Only Members.
The City and the Union agree not to interfere with the right of employees to become or not become members
of the Union, and further, both parties agree that there shall be no discrimination, interference, restraint, or
coercion against any employee because of Union membership or lack of it;except that the Union may process
grievances for, advise, or participate in meetings or interviews on behalf of members only. Human Resources
will inform the Union of new hires on a monthly basis.
Section 2.5 Access to Personnel Records.
Upon reasonable request,an employee shall have the right, in the presence of an appropriate representative
of the employer, to review and copy all or any portion of the employee's official records which are or may
become a part of the personnel file maintained by the Human Resources Department and his/her department.
The employer may charge a reasonable fee of fifteen cents($.15)per page for such copying. Employees will
be provided with a copy of records or letters that are to be placed in the employee's Personnel File maintained
CWA-6
7/12/2013 7:07:10 PM
in either Human Resources or in the Department personnel file,which make specific, derogatory comments
about the employee's work performance. This shall be done by the Department prior to the filing and the
employee shall be asked to sign his/her acknowledgement. The employee shall be allowed to place in his
personnel file a response of reasonable length to anything contained therein which the employee deems to be
adverse. No anonymous material shall be placed in an employee's personnel file.
It is specifically understood that this provision shall not in any way alter or modify the Personnel Rules
concerning tests or examinations and the period of time which an employee has to review tests or
examinations which he/she has taken.
Section 2.6 Employee Bargaining Team.
The City agrees that the Union shall be permitted up to five(5)employees to serve on a collective bargaining
team in any collective bargaining negotiations with the City, and that such persons shall be compensated at
their regular salary when negotiations are during regular working hours. The Union may appoint alternates
who shall be compensated instead of regular members of the collective bargaining team for those periods of
time when they actually serve on the bargaining team. Attendance at negotiations for a successor agreement
shall not be counted against the union time bank.
Section 2.7 Recording Devices.
No mechanical recording devices of any kind shall be used in discussions between department heads,division
heads,or supervisors and employees unless the parties mutually agree otherwise. It is specifically understood
that this subsection shall not in any way apply to any City Board.
Section 2.8 Computerized Voice Stress Analysis Examinations and Psychological
Examinations.
Ia) Powwaph Computerized Voice Stress Analysis Examinations
1) A bargaining unit member may be required to submit to a polygraph computerized voice
stress analysis test, or any other electronic examination, the purpose of which is to test the
truthfulness of the employee when investigating a work place theft only when there is
reasonable suspicion to believe that the employee is involved.
2) It is understood that bargaining unit members may be required to take a polygraph
computerized voice stress analysis examination when such examination is a pre-condition of
their initial employment with the City. A bargaining unit member may be required to take a
CWA-7
7/12/2013 7:07:10 PM
polygraph-computerized voice stress analysis examination for promotion, or transfer into a
department that has required polygraph computerized voice stress analysis tests.
I3) Such computerized voice stress analysis tests shall be conducted by an
independent, professional examiner as selected by the City. Nothing contained in the
Agreement shall abridge the rights of individual employees or the rights of the City under
Florida law.
b) Psychological Examinations
At the City's request, the Union agrees to appear before the Personnel Board and jointly submit with
the City a proposal to include a psychological examination for Lifeguard I applicants. Psychological
examinations shall be in English and Spanish.
Section 2.9 Employee Examination Review.
An employee shall have the right in the presence of an appropriate representative of the employer to examine
and/or review his/her own completed promotional examination as provided in Florida Statutes.
Section 2.10 Meeting Leave.
The Union shall have the right to send up to two (2) of the four (4) designated Union representatives,
authorized with pay for time he/she would have otherwise been working,to attend City Commission Meetings,
Personnel Board Meetings, or Pension Board Meetings, when a matter relating to the collective bargaining
agreement is on the Agenda for such meeting, and if prior approval has been given by the representative's
supervisor. The representative is to return to work immediately after the City Commission addresses the
Agenda item. This section shall be subject to the Union Time Bank in Section 4.8.
Section 2.11 Information To Be Provided To Union By City.
The City will provide to the Union one (1) copy of the following:
a) A listing of all bargaining unit employees on a disk and hard copy to include the employee's name,
address, I.D. number, department assignment, and date of hire, except where such information is
exempt from the definition of public records as established by Florida Statutes 119.07 (3) (i).
b) The"Personnel Rules" of the City of Miami Beach.
CWA-8
7/12/2013 7:07:10 PM
r
C) "Classification Specifications"for all bargaining unit classifications.
d) "Agenda" (as distributed to all department heads and news media) for each City Commission
Meeting.
e) Salary Ordinance amendments affecting bargaining unit classifications.
CWA-9
7/12/2013 7:07:10 PM
ARTICLE 3
DEDUCTION OF UNION DUES
Section 3.1 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 Agreement to deduct the
uniform Union dues and assessments of such employees from their pay and remit such deductions to the
Union Treasurer; provided, however,that such authorization is revocable at the employee's will upon thirty(30)
days'written notice to the City and the Union. The Union will notify the City thirty(30)days prior to any change
in its dues and assessments structure.
The Union shall pay, during the term of this Agreement, the amount of two hundred dollars ($200) dollars
annually as a service charge for implementing and processing the above-stated dues and assessments
deductions. The Union shall make the payment on or before April 1 of each year of the Agreement.
The Union and the City agree to develop an electronic/magnetic media reporting system for deduction of dues
within six(6) months of ratification of the contract.
Section 3.2 Indemnification.
The Union agrees to indemnify and hold the City harmless against any and all claims, suits, orders or
judgments brought against the City under the provisions of this Article; provided, however, this Section shall
not apply to any act or failure to act on the part of the City resulting from its own willful behavior. In the event
of an error in dues deductions, transfer should be transmitted thirty (30) days after written notification.
CWA- 10
7/12/2013 7:07:10 PM
ARTICLE 4
GRIEVANCE PROCEDURE
Section 4.1 Purpose.
It is recognized that complaints and grievances may arise between the bargaining agent and the employer or
between the employer and any one or more employees concerning the application or interpretation of any
provision of this Agreement. The employer and the bargaining agent desire that these grievances and
complaints be settled in an orderly, prompt and equitable manner so that the efficiency of the City of Miami
Beach may be maintained and the morale of employees not be impaired. Every effort will be made by the
employer, employees, and bargaining agent to settle the grievances at the lowest level of supervision. The
initiation or presentation of a grievance by an employee will not adversely affect his standing with the
employer.
No reprisals of any kind will be made by agents of the City against the grievant(s) or the Union's
representatives by reason of such participation in the processing of their grievance. Similarly, the Union, its
officers or agents, shall not impede, malign, or delay the City or management's representative in their duties
during the investigation or processing of said grievance.
In order to investigate, discuss and process grievances,the designated Union representatives and witnesses
must request permission 24 hours in advance(except in emergencies), and report their return to work upon
conclusion of the use of time for grievance matters. All such time away from work by Union representatives
shall be deducted from and is subject to the Union's Time Bank. Bargaining unit employees covered by this
Agreement shall no longer be able to file an appeal via the City's Personnel Board procedure for any
disciplinary matter.
Section 4.2 Definitions.
a) Grievance-a grievance is a dispute involving the interpretation or application of any provision of this
Agreement, excluding matters not covered by this Agreement or where Personnel Board rules and
regulations are involved; provided, that disciplinary actions, including discharges, but not including
verbal warnings, may be grieved under this Article further provided that the reasonableness of new or
changed work rules and whether there has been reasonable application of old or new work rules and
lay-off provisions of the Personnel Board's rules and regulations, may be grieved under this Article.
The reasonableness of work rules which were negotiated is not grievable.
b) Aggrieved Employee(s) -the employee(s)filing the grievance or causing the grievance to be filed.
CWA- 11
7/12/2013 7:07:10 PM
C) Immediate Supervisor - the individual having immediate supervisory authority over the aggrieved
employee(s).
d) Division Head -the head of the division in which the aggrieved employee(s)works.
e) Department Head -the head of the department in which the aggrieved employee(s)works.
f) Days -as referred to in the time limits herein, days shall mean working days (i.e., Monday through
Friday, exclusive of scheduled holidays).
Section 4.3 Special Provisions.
a) The time limits set forth herein may be extended and/or modified by mutual written agreement.
b) If the employer violates any time limits, the bargaining agent may advance to the next step without
waiting for the employer's response. If the Union, or the grievant(s) fail to initiate or move the
grievance to the first or next step of the grievance procedure, as set forth herein (time limits), it shall
be untimely and considered withdrawn.
C) The parties acknowledge that, as a principle of interpretation, employees are obligated to work as
directed while grievances are pending; except where the safety of a working condition or health of the
employee(s) is the basis of the grievance.
d) Aggrieved employees, a reasonable number of employees, not to exceed three (3), called as
witnesses, and a specifically designated Union representative, shall be allowed to be present at the
various formal steps of the grievance procedure, including arbitration. One witness may attend
without loss of pay for those actual hours during his/her regular work schedule. Any other witnesses,
not to exceed two(2)in total, may attend provided that there is adequate time to cover such work time
in the Union Time Bank. The Union shall notify the City Manager's designee for Labor Relations of
who it wishes to call,and then Management will schedule the witnesses to be available as needed. If
there are circumstances where more than three (3) witnesses are needed, the Union will make a
request to the City Manager's designee for Labor Relations, who will make the final decision.
e) The Union shall designate to the City the names of the seventeen (17) Union representatives, plus
one individual who shall be designated as the Chairman of the Grievance Committee,whose function
shall be to assist unit members in the processing of complaints and grievances under this procedure.
At Step I only one (1) of the designated Union representatives will be allowed at any grievance
meeting. At Step II &III, only two(2)of the designated Union representatives will be allowed at any
CWA- 12
7/12/2013 7:07:10 PM
grievance meeting. All such attendance time shall be deducted from and subject to the Union's Time
Bank as set forth in Section 4.8, including, but not limited to,the specification of representation by four
(4) members of the executive board.
f) City of Miami Beach employees other than those designated Union representatives (as set forth in
Section 4.8) shall not be granted time off from work without loss of pay for the processing of
grievances.
g) The specifically designated Union Representatives shall be permitted during working hours without
loss of pay to investigate, discuss, and process grievances in their respective areas, provided the
following conditions are met:
1) Permission of their immediate supervisor is secured (such permission shall not be
unreasonably denied);
2) The supervisor shall be notified twenty-four(24)hours prior to investigating,discussing,
and processing grievances on City time (shorter notice may be given in the case of
emergencies); and
3) The representative will report his/her return to work to the immediate supervisor upon
conclusion of the use of time for grievance matters.
4) There is sufficient time in the Union Time Bank to cover the entire period of the
representative's absence from work.
h) An employee may request Union representation in accordance with the provisions of this Agreement
at each and every step of the grievance procedure set forth in this Agreement.
i) The bargaining agent, in accordance with its own lawful internal rules, shall have the sole and
exclusive right to determine whether any grievance warrants processing through this procedure. In
the event the bargaining agent determines at any step of the grievance procedure that a grievance
does not warrant processing, a written notification of that determination shall be sent to the City
Manager's designee for Labor Relations. The employee(s) involved shall then be free to process it
themselves or through legal counsel.
j) If the bargaining agent has declined to process or further process any grievance presented to it,and if
any employee, or group of employees, desires to process it or further process their own grievance
through this procedure, the bargaining agent shall be sent copies of all written communications sent
CWA- 13
7/12/2013 7:07:10 PM
by the employer or the employee(s)involved. Further, nothing herein contained shall be construed to
prevent any public employees from representing, at any time, their own grievance in person or by
legal counsel to the employer, and having such grievance(s)adjusted without the intervention of the
bargaining agent, provided however, that the adjustment is not inconsistent with the terms of the
collective bargaining agreement then in effect; and provided further that the bargaining agent has
been given notice and a reasonable opportunity to be present at any meeting called for the resolution
of such grievances.
k) The bargaining agent shall not be responsible for any costs attendant to the resolution of any
grievance(s) it has not processed.
1) The parties acknowledge that multiple grievances may be combined at any stage of the grievance
procedure where the class of aggrieved employees is clearly defined and the subject matter of the
grievances is the same or similar.
M) At Step I, all formal grievances presented shall include the date of the alleged violation, the specific
article and section grieved; a brief description of the grievance, and the remedy requested.
Section 4.4 Grievances Involving Discipline.
Discipline shall be only for just cause and shall include written reprimand, suspension, or dismissal. A verbal
warning is not disciplinary and is not grievable. Any regular employee who is disciplined, and who has
completed the required probationary period,-may file a grievance pursuant to the provisions of this Article. The
Union or employees not represented by the Union in a grievance or who are not members of the Union may
file discipline grievances at either Step I or II within fifteen (15) days of the written notice of action.
Section 4.5 Grievance Procedures:
STEP I
a) The grievance shall be filed within fifteen (15) days of the alleged violation, interpretation or
application of the terms of employment set forth in this Agreement.
b) The grievance shall be filed with the division head in writing, on the Grievance Form as attached in
the appendix.
C) The division head or his/her designee shall note the date of receipt of the grievance,and shall seek to
meet the aggrieved employee at a mutually agreeable time within ten (10) days of receipt of the
CWA- 14
7/12/2013 7:07:10 PM
grievance.
I d) Within five (5) days of the meeting, the division head shall render a decision and shall immediately
communicate that decision in writing to the aggrieved, the bargaining agent, and the department
head. If the decision is to deny the grievance, the reasons for denial shall be specifically stated.
e) The aggrieved employee(s)and/or the bargaining agent may appeal the decision of the division head
within seven (7) days of receipt of the decision.
f) The appeal shall be submitted in writing to the department head. Failure to appeal the decision of the
division head within seven(7)days shall constitute acceptance by the aggrieved employee(s)and the
bargaining agent of the decision as being a final resolution of the issues raised.
STEP II
a) If the aggrieved employee(s)appeals the decision,the department head shall schedule a meeting to
take place at a mutually agreeable time not more than five(5)days after receipt of the appeal. The
exclusive bargaining agent shall be advised in writing as to the date of the proposed meeting, and
shall have the right to send one(1)observer to the proceedings if the bargaining agent is not involved
in the actual representation of the aggrieved employee(s).
b) Within five(5)days of the meeting,the department head shall render a decision and shall immediately
communicate that decision in writing to the aggrieved employee(s),and to the bargaining agent. If the
decision is to deny the grievance, the reasons for denial shall be specifically stated.
C) The aggrieved employee(s)may appeal the decision of the department head within seven(7)days of
receipt of the decision. The appeal shall be communicated in writing to the City Manager's designee
for Labor Relations. Failure to appeal the decision of the department head within seven(7)days shall
constitute acceptance by the aggrieved employee(s) and the bargaining agent of the decision as
being a final resolution of the issues raised.
STEP III
a) If the aggrieved employee and/or a representative of the bargaining unit appeals the decision,the City
Manager, or his/her designee for Labor Relations, shall schedule a meeting to take place at a
mutually agreeable time not more than twelve (12) days after receipt of the appeal.
b) Within twelve(12)days of the meeting,the City Manager or his/her designee for Labor Relations shall
CWA- 15
- 7/12/2013 7:07:10 PM
render a decision and shall immediately communicate that decision in writing to the aggrieved
employee and the bargaining agent. If the decision is to deny the grievance, the reasons for denial
shall be specifically stated.
C) Failure to appeal the decision rendered in Step III within twelve(12)days by notice of intent to submit
to arbitration shall deem the decision at Step III to be final and no further appeal will be pursued.
Section 4.6 Arbitration.
If the employer and the aggrieved employee(s)and/or the bargaining agent fail to resolve the grievance, the
grievance may be submitted to final and binding arbitration by an impartial neutral mutually selected by the
parties.
a) Notice of intent to submit the grievance to arbitration shall be communicated in writing by the Union
President or his designee to the office of the City Manager's designee for Labor Relations within
twelve(12)days of the receipt of the decision at Step III. Any request to go to arbitration on behalf of
the employer is to go to the Union President.
b) Within thirty(30)days after written notice of submission to arbitration a request for a list of five(5)or
seven (7) arbitrators shall be submitted to the Federal Mediation and Conciliation Service (FMCS).
Both the City and the Union shall have the right to strike two (2) names from the panel of five(5) or
three (3) names from the panel of seven.
The City and the Union agree to alternate as to who shall strike the first name. The arbitrator
remaining on the panel after both parties have utilized their two(2)strikes from a panel of five(5)or
three(3)strikes from a panel of seven (7)shall be the selected arbitrator. Upon receipt of the panel
of arbitrators from the FMCS, the City and the Union shall have thirty (30) days to complete the
striking process. The arbitrator shall be notified of his/her selection within five(5)days by a joint letter
from the City and the Union requesting that he/she schedule a date and place for a hearing,subject to
the availability of the City and the Union.
C) Prior to the commencement of the arbitration, the arbitrator may hold a pre-hearing conference to
consider and determine:
1) The simplification of the issues;
2) The possibility of obtaining stipulation of facts and documents that will avoid
unnecessary proof;
3) Such other matters as may aid in the disposition of the grievance;
CWA- 16
7/12/2013 7:07:10 PM
4) Matters of jurisdiction or applicability.
d) The arbitrator shall have no right to amend, modify, ignore; add to, or subtract from the provisions of
this Agreement. He/she shall consider and decide only the specific issue submitted to him/her in
writing by the City and the Union, and shall have no authority to make a decision on any other issue
not submitted to him/her. The arbitrator shall submit in writing his/her decision within thirty(30)days
following close of the hearing or the submission of briefs by the parties,whichever is later, provided
that the parties may mutually agree in writing to extend said limitation. The decision shall be based
solely upon.his/her interpretation of the meaning or application of the express terms of this Agreement
to the facts of the grievance presented. Consistent with this Section, the decision of the arbitrator
shall be final and binding.
e) In the event that an employee desires, on his/her own behalf, to process his/her grievance to
arbitration,the bargaining agent reserves the right to intervene in the arbitration proceeding up to and
including the full right to participation as a party.
0 All arbitration costs, including the cost of stenographic reporting of the arbitration hearing if agreed to
by the parties, shall be divided equally between the employer and the bargaining agent, or if the
bargaining agent has determined not to process the grievance through arbitration, between the
employer and the employee(s). Each party will pay the cost of presenting its own case.
Section 4.7 Differences Concerning Personnel Rules.
A difference of opinion with respect to the meaning or application of the Personnel Rules which directly affects
wages, hours, or working conditions may be submitted by the employee or the Union President (or his/her
designee)to the City Manager's designee for Labor Relations within ten(10)days after the occurrence of the
event giving rise to the difference of opinion. The City Manager's designee for Labor Relations shall discuss
the matter with the employee and the Union Representative at a time mutually agreeable to the parties. If no
settlement is reached at this meeting, the employee retains his/her right to appeal to the Personnel Board
under the statutory.proced u res governing such appeals.
Section 4.8 Union Time Bank.
The CWA represented by four(4) members of the Executive Board, as determined by the President, shall
have the right to conduct union business(under the conditions described in this Section)through the use of a
time bank. The Time Bank heurs for the period GOvering QGtobeF 1, 2009 threugh SeptembeF 30, 2010 s
. Effective October 1, 204013, the Time Bank shall be 1,5002,250 hours each contract year.
Unused time bank hours from one contract year shall rollover to the next contract year, not to exceed a total
maximum of 2,250500 hours per contract year. No more than two (2) of the designated Union
CWA- 17
7/12/2013 7:07:10 PM
representatives may use time from the Union Time Bank at the same time. The President or designated union
representative of the CWA shall provide a minimum of twenty-four (24) hours notice to the appropriate
Department Director or designee for any leave to be granted. Such leave shall not be granted unless
previously approved in writing by the CWA President. Time for attendance at negotiations for a successor
agreement is addressed in Article 2.6. of this Agreement. The time bank shall be used for union
representation as outlined in Section 2.1,2.10,and Article 4 of this agreement.All other union convention time
other than union convention time referred in Section 8.22 shall be part of the Union Time Bank.
Representatives must return to work immediately upon conclusion of the meeting that was the reason for the
approved Union time off. If the Union Time Bank is exhausted, no more paid time off to conduct union
business on City time shall be requested, paid or approved. Attendance at a pension board meeting by a
designated union representative as a pension board member shall not be counted against the union time
bank.
CWA- 18
7/12/2013 7:07:10 PM
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), Florida Statutes.
Accordingly, the Union, its officers, stewards and other representatives agree that it is their continuing
obligation and responsibility to maintain compliance with this Article and the law,and to encourage and direct
employees violating this Article or the law to return to work, and to disavow the strike publicly.
Section 5.2 No Lockout.
The City will not lockout any employees during the term of this Agreement as a result of a labor dispute with
the Union.
CWA- 19
7/12/2013 7:07:10 PM
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 its rules and regulations;to conduct performance evaluations;
and, to determine internal security practices; provided however, that the exercise of any of the above rights
shall not conflict with any of the express written provisions of this Agreement. The City agrees that, prior to
substantial permanent layoff of bargaining unit members, it will advise the Union.
If, in the sole discretion of the City it is determined that civil emergency conditions exist, including but not
limited to riots, civil disorders, hurricane conditions,or similar catastrophes,the provisions of this Agreement
may be suspended by the City Manager or his/her designee for Labor Relations during the time of the
declared emergency, provided that wage rates and monetary fringe benefits shall not be suspended.
Should an emergency arise, the Union President shall be advised as soon as possible of the nature of the
emergency.
CWA-20
7/12/2013 7:07:10 PM
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.
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.
Subject to the above, the City shall determine all aspects of the scheduling of Ocean Rescue employees,
including, but not limited to, the daily and weekly shifts of individual employees and/or group of employees
(including the start and finish times of each shift and the start and finish times of individuals within a shift
(staggered shifts))and days off, provided that any change to scheduling is made consistent with notice and
seniority requirements contained in this agreement when applicable.
The City may, on an as needed basis, supplement the Lifeguard workforce with such"temporary employees"
as outlined in Section 9.6.
Section 7.3 Normal Workweek.
The normal workweek shall consist of forty(40)hours per week,and such additional time as may,from time to
time, be required in the judgment of the City to serve the citizens of the City. The workweek shall begin with
the employee's first regular shift each week. No schedule changes involving shifts or days off shall be made
without at least ten(10)workdays' notice to the employees involved, provided that in an emergency, or other
such reason justifying a temporary schedule change only, such notice as is practicable shall be given. The
implementation of this provision shall not be arbitrary and capricious.
Section 7.4 Overtime.
It is understood that the City may require necessary and reasonable overtime for unit members. For all hours
worked in excess of forty_L401 hours during an employee's workweek, the City will pay the employee one and
one-half(1-1/2)times the employee's straight time hourly rate of pay.
Annual and Holiday leave shall be GensideFed as time worked for the PUrPGS8 Of GOMputing eveFtffirne; but S*Gk
leave shall nGt fer the time peried Of QGteber 1, 2009 threugh September 30, 2010. Thi shall
ior� to OR SeeptermbeF 30 2010.
CWA-21
7/12/2013 7:07:10 PM
EffeGtiye-BGtebeF 1, 2010, eOnly actual hours worked shall be considered for the purposes of computing
overtime. For example, paid leave including but not limited to any Annual, Holiday, Sick, Family Medical
Leave, Birthday, Floater, Bereavement, Compensatory Leave, and Administrative Leave shall not be
considered as time worked for the purpose of computing overtime.
The parties agree that should the same overtime provisions not be agreed to by AFSCME or GSA there will
be a reopener on this matter only.
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 actually worked
his/her full shift on each of the six(6) preceding workdays.
This provision shall not be applicable if a substantial number of employees are scheduled to work seven (7)
consecutive workdays because of an emergency such as a hurricane. If an employee, scheduled to work,
works more than his/her normal hours on a holiday, the excess hours shall be paid at the holiday rate.
Section 7.5 Distribution of Overtime QpportupAvWork.
Overtime shall be distributed as equally as practicable among employees in the same job classification, in the
same work section and the same work area starting with the most senior employee, (as per Section 9.14
Seniority)provided the employees are qualified to perform the specific overtime work required. Any overtime
work required for a specific job classification within this unit, shall be offered to unit members first.
The City will maintain the records of overtime work including:the nature of the work,to what classification it is
applied, to what employee(s) it was offered who performed the work how many hours were worked, and
whether it was voluntary or required. The records will be updated monthly, maintained on a rolling 12-month
basis and posted. Should any employee assert that he or she has not been offered a reasonably equitable
number of overtime work hours for which he or she is qualified, he or she may bring such assertion to the
attention of management Should management determine that the employee's assertion is justified,then that
employee shall be given the right of first refusal to all subsequent overtime work until reasonable equity is
restored,without regard for seniority. If no employee accepts offered overtime work,the City may require an
employee or employees to work the overtime.
Should the overtime work arise from the continuation of work in progress,the employee performing the work
may be required to complete it.
In cases where the City requires that overtime work be performed the overtime work will be assigned on a
rotating basis in inverse order of seniority among employees holding the same classification, subject to the
qualification of any individual employee to perform the work.
CWA-22
7/12/2013 7:07:10 PM
equally as praGtiGable among employees iR the same jE)b GlassifiGatiGR iR the same work seGtiGn and aFea
staFtiRg with the most seRic)F employee, provided the employees are qualified tG perfGFm the speGifiG overtime
weFk Fequ.Fed. SeRiority foF the puFpc)se E)f this subseGtOE)R shall mean length Of GORtinuous seNiGe with the-
Gity. Overtime GPPGFtURitieS 'shall be aGG6irnulated on adequate reGOrds (whiGh shall be available te the
empleyees)and offered evertime Rot worked shall be GGRsideFed as werked iR maiRtaiRing these reGGFds. if
any qualified employee establishes that he/she has net reGeived his/her fair shaFe Of E)VeFtiFne GPPGFtURitieG,
SUGh employee shall have first prefereRGe tG futuFe weekly eveFtime work wRtil Feasonable balaRGe iS
FeGFeated. The overtme lest shall be updated OR a monthly basis and pested if no eRe is WilliRg W VGIURtarily
rreR ha GRditions '
wn4
Section 7.6 Holiday Celebration and Pay for Working on Holiday,
For the time peried Of QGtGber 1, 2009 thFough September 30, 2010, the foliewiRg shall apply:
a) (See SeGtiOR 8.3. Hc)lmdays)WheReVer aRy of the hc)lidays lusted OR SeGtion 8.3. Helidays ef
this AgreerneRt fall on a SuRday(GF MGRday for empleyees whose regular day off is Menda4
listed hGlidays'GGG61F OR a Saturday(ar Friday for employees whose regulaF day 9#is Friday),
the pFeGediRg workday shall be observed as the GffiGial holiday. in SUGh Gases, the day G14
d-
Goty Gelebrated holidays that fall OR Tuesday, WedResday, er Thursday, and said holiday4iS
Gn the empleyee's regulaF day eff, then the employee shall FeGeive a day's pay for sa4
holiday, if they meet all of the g„alifinations Gontained ha
11 an employee Galls in siGk and is eligible 4n_receive pair) sink leave
and who is gFaannteSiGLeavusage;
2) approver/ annual leave-
3) floatiRg holiday;
4) birthdayy
G) Whenever an c)bseNed holiday GGGUFS on an empi ,
employee does not wGrk thereGn, the ernp!Gyee shall reGeiVe foF hisiheF Rormal workday a
stFaight time hourly rate of pay for the holiday.
CWA-23
7/12/2013 7:07:10 PM
,
d) VVGrk on a heloday falling on an heliday pay for the hGliday and tome and one half f9F the hours werked-
e) Sheuld an empleyee be Fecluired tG werk Gn a heliday falling en.hisiher day off, he/she shall
FeGeive heliday pay for the heliday and shall FeGeive pay at double time and Gne half rate
the hGurs worked.
f) Failure to report feF weFk Gn, befGre, after, GF dwFing the holiday afteF having been sGhedul
te wGFk on GUGh holiday shall be jUSt Gause feF denial Gf holiday pay.
,
Effentive QGteber 1 2010 the following shall apply
a) (See SeGtOGR 9.3. HGIOdays)
a) Whenever any of the holidays listed in Section 8.3, Holidays, of this Agreement fall on a Sunday,the
following workday shall be observed as the official holiday;whenever any of the above listed holidays
occur on a Saturday,the preceding workday shall be observed as the official holiday. In such cases,
the day on which the holiday is observed shall be considered to be the paid holiday and not the
regular day.
b) To be eligible for a paid holiday, an employee must report for scheduled work on the holiday, on the
last scheduled day preceding the holiday and the first scheduled day following the holiday unless such
absences are excused. Excused absences are defined as:
1) an employee calls in sick and is eligible to receive paid sick leave, and who is granted sick
leave usage;
2) approved annual leave;
3) floating holiday;
4) birthday.
C) Failure to report for work on, before, after, or during the holiday after having been scheduled to work
on such holiday shall be just cause for denial of holiday pay.
d) A holiday which is observed during an employee's regularly scheduled workweek shall not be
considered as time worked for the purpose of computing overtime,pursuant to Section 7.4,Overtime,
herein.
1) Should an employee not work on a holiday that falls on his/her regularly scheduled day off,
he/she shall be paid eight(8) or ten (10) hours of holiday pay, depending on the number of
CWA-24
7/12/2013 7:07:10 PM
hours in his/her regular shift, at his/her straight time hourly rate.
2) Should an employee work on a holiday that falls on his/her regularly scheduled work day,
he/she shall be paid for the number of hours actually worked at his/her regular or overtime
rate whichever is applicable plus eight(8)or ten(10)hours of holiday pay,depending on the
number of hours in the employee's regular shift, at the regular rate.
3) Should an employee work on a holiday that falls on his/her regularly scheduled day off,
he/she will be paid for the number of hours actually worked at his/her regular or overtime
rate whichever is applicable plus eight(8)or ten(10)hours of holiday pay,depending on the
number of hours in the employee's regular shift, at the regular rate.
reGeive heliday pay for their regu!aF!y SGheduled hG6iFs that day (i.e. 8 hours er 10 h()UFS).
f) if aR employee works GR theiF FegU!aF!y SGheduled day, and it is also an ebseFved heliday,the
employee shall FeGeive heliday pay at 1
example, if an empleyee us sG-heduled to werk, and does work, 8 hours, they shall reGeive 4
hours ef holiday pay(i.e. 8 hours at straight tome fer werkiRg, plus 4 hours for hE)liday v fe
a total of 12 hGurs.4
g) if aR employee's regularly sGheduled day off is an obseFved holiday,and they aFe requiFe
work that day, they shall FeGeive holiday pay at stFaight time for all hours worked.
example, an +
heliday. The empleyee OS Galled iR tO WGFk that day. The ernp!Gyee shall be paid 8 hours Gf
straight time for werkiRg, plus 8 heurs of heliday pay, fGr a total of 16 heuFs.
Section 7.7 Rest Periods.
Employees may take a rest period of fifteen(15)minutes for each half day of work. Daily rest periods shall be
scheduled by the supervisors. Whenever practicable, the rest period will be scheduled approximately
mid-point in the first one-half of the employee's regular work shift and in the second half of the employee's
regular work shift. Employees who extend their rest period may be subject to disciplinary action.
For each additional four(4)hours worked beyond the regular shift, an additional fifteen(15)minute rest period
shall be provided.
Employees in PSCU shall enjoy a fifty(50) minute meal break and a ten (10) minute rest period which, upon
request of an employee and with the approval of the supervisor,will be combined into a sixty(60)minute meal
break.
CWA-25
7/12/2013 7:07:10 PM
Section 7.8 Reporting Pay.
An employee who reports to work as scheduled will be guaranteed eight(8)hours of work or eight(8)hours of
pay; (or,for those on ten-hour days,ten hours of work or ten of pay); provided,however,that supervisors may
assign employees to perform any reasonable work.
Section 7.9 Come Back Pay.
An employee who is scheduled or called in to work outside of his/her normal hours of work will be guaranteed
four(4)hours of work or four.(4)hours of pay. It is understood that call-in pay does not apply to work which is
contiguous to his/her regularly scheduled shift. Employees who are required to attend Court shall only be
required to return to Division Headquarters if their Court appearance has been scheduled during their normal
workweek.
Section 7.10 Standby Time.
Employees assigned to standby shall receive two(2)hours per day of straight time as a standby bonus unless
they receive comeback pay. Standby Pay shall be offered to employees in the same manner and conditions
as in Article 7.5 Distribution of Overtime.
Section 7.11 Clean-Up Time.
At the end of the shift, skilled trades employees and members of the beach patrol and Pool Guards shall be
allowed fifteen (15) minutes clean-up time; provided that they may also be required to perform other work
tasks during such time if it does not interfere with clean up. However, Pool guards cannot leave the job site
during this clean-up time.
Section 7.12 No Pyramiding.
Premium pay and overtime shall not be paid for the same hours. The employee shall receive the greater of
the two alternative premiums.
Section 7.13 Essential Personnel (Hurricane Pay).
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.
ARTICLE 8
CWA-26
7112/2013 7:07:10 PM
WAGES AND FRINGE BENEFITS
Section 8.1 Wages
ratification A
No bargaining unit member who left the City's employ prior to the date o f at ca tion of this Agreement by the
Commission will be eligible for any wages or benefits under this Agreement.
Both parties agree, if the MBERP AGtuapy and the State ef Florida DiViSiGR Gf RetiremeRt dG RE)t GGnfmFM in
WFitiRg that the City will realize a PeRGiGR savings for the AGtwarial RequiFed GGRtribWt4GR (ARG) payable oR
this Agreement, all GVVA employees will a ternpor-ary 12 mGnth wage redUGtien of 3.5%.
a) Effective the first(1 st)full pay period ending in October 2085312, there shall be no across-the-board
wage increase for any CWA bargaining unit positions. Also, there shall be no increase on the
minimums and maximums of each job classification range.
I b) Effective the first(1 st)full pay period ending in October 20134-9, there shall be no across-the-board
wage increase for any CWA bargaining unit positions. Also, there shall be no increase on the
minimums and maximums of each job classification range.
C) Effective the first(1 st)full pay period ending in October 201444, there shall be a three percent(3%)
ae across-the-board wage increase for any CWA bargaining unit positions. Also, there shall be a
three percent(3%)Pe increase snto the minimums and maximums of each job classification range.
d) �cntiye with the ") full pay pert ied ending in April ' 012, shall Gress t? �
aT '�i rc� T'z -P��P
0
lase Gf three PeFGent 0
pay period ending in April 201-2
The City of Miami Beach classification and pay system will be utilized as paFt of this GORtFaGtfor all
bargaining unit employees_with the eXGeptien Gf Lifeguard 1,
be removed frorn the step plan and plaGed in the pay foF peFfGFrnanGe GlaGGifiGatffiGn and pay system effeGtive
C)GtGberl, 2010). Therefore, eEffective October 1,2010, all classifications in the CWA Bargaining Unit shall
be in the pay for performance pay system. This classification and pay system includes salary range changes,
job audits, and market classification studies, but does not include cost-of-living increases. No change (to
salary ranges,job audits or market classification studies)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
CWA-27
7/12/2013 7:07:10 PM
removal of a job classification from the bargaining unit, nor shall said decision result in an exemption from
FLSA overtime requirements.
The Glass ifiGatic)n s ef Lifeguard 1, Lifeguard 11 and LifeguaFd Lieutenants-shall rernaiR URder the G61rrent step
plaR, due to the unique nature Gf their work, until QGteber 1, 2010, at whiGh time they shall be PIaGed in the pay
lengevity-peRef+fs. Consistent with the classification and pay system, no employee's salary shall thefie
exceed, for any reason, the applicable maximum salary for the pay range of the employee's position.
HeweveF, employees On the Lifeguard 1, Lifeguard 11 and LifegyaFd LieutenaRt GIaSSifiGatiE)RS shall be eligible
fc)r longevity pay as GLItIffiRed iR SeGtffiGR 8.17 thrGugh September 29, 20i2. EffeGtive September 30, ,
longevity nw will he eliminated
With the eXGept*en Gf Lifeguard 1, Lifegw-ard and Lifeguard LiewteRaRts whG sha FemaiR under the GUrren
step plan until QGtober 1, 2010, GOFnrne -i 3Gh ,
above en their FespeGtive aRRual performanGe evaluation shall reGeive a fGUF perGeRt 0
employee's merot review date, previded that the
pGsdt*en. This shall now also apply te all Lifeguard 1, Lifeguard II and Lifeguard Lieutenants effeGtffive QGtGbe
1
EFnp!Gyees in the pay fGF perferrnaRGe plaR who reGeive -- sGGre Gf less than ninety (90), but eighty (80) e
0 On their merit date, provided that the empleyee's
shall Ret eXGeed the maximum salary range ef hisiher position. This shall Rew also apply te all Lifeguard ,
I ifeguaFd I I and Lifeguard Li „tennntc efegzrive QGze be�r 1, 2010.
Frnp!Gyees iR the pay fGr peFfermaRGe plan whc) FeGeive- -- -sGGFe ef less thaR eighty (90), b6it sixty (60) G
0 OnGrease en theiF merit date, prGvided that the employee's
Ret eXGeed the maximum salary Fange Gf his/heF positien.This shall Rew also apply to all LifeguaFd 1, LifeguaFd
11 and I ifeg, and LieutenaRts effeGt veaZtGber 1, 2010.
There shall be no merit increases for any CWA bargaining unit employees in FY 2012/13.
Effective September 30 2013 all CWA bargaining unit employees who receive a score of sixty(60)points or
above on their annual evaluation shall be eligible for a three percent(3%)merit increase on their anniversary
date provided that the employee's salary shall not exceed the maximum of the salary range for his/her
position.
Effective September 30 2014 all CWA bargaining unit employees who receive a score of sixty(60)points or
CWA-28
7/12/2013 7:07:10 PM
above on their annual evaluation shall be eligible for a three percent(3%)merit increase on their anniversary
date provided that the employee's salary shall not exceed the maximum of the salary range for his/her
position.
Effective September 30 2015 all CWA bargaining unit employees who receive a score of sixty(60)points or
above on their annual evaluation shall be eligible for a two percent(2%) merit increase on their anniversary
date provided that the employee's salar ry shall not exceed the maximum of the salary range for his/her
position.
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 III under the provisions of this Agreement.
unit
Classifications effec-tive 0-0too-her 1, -2010 fbr-all GWA classific-ations incniuding Lifeguard[,Lifeguard
and Lifeguard Lie-Utenants. AlsG attached is the STEP PLAN APPLICABLE TO THE UFEGUARD ,
through September-30, 20101-.
Section 8.2 Shift Differential.
pleyee's regulprly assigned shift hours fall between 3�00 p.m. and 11:00
employee shall FeGeive a shift differeRtual of ferty five ($.45)'per hour fer wGrk performed after&00 pw
.
Effective October 1, 2013, Wwhere a majority of an employee's regularly assigned shift hours fall between
11:00 p.m. and 6:30 a.m., the employee shall receive a shift differential of fifty five cents($.55) per hour for
work performed after 11:00 p.m.
I I eweveF, effeGtiVe QGtebeF 1, 20 0, Shift Difr�cFc°-..Rtial pay shall be eliminator/
Section 8.3 Holidays. `"
(See Section 7.6)The following fourteen (14)days shall be considered as holidays but the City reserves the
right to schedule work on the holidays:
New Years' Day, President's Day, Memorial Day,-Independence Day, Labor Day,Veteran's
Day,Thanksgiving Day,the day following Thanksgiving,Christmas Day, Martin Luther King's
Birthday, three (3) floating holidays, and the employee's birthday.
Employees shall become eligible for floating holidays and the birthday holiday upon completing six(6)months'
continuous service with the City.
CWA-29
7/12/2013 7:07:10 PM
Section 8.4 Bereavement Leave.
In case of death in the immediate family of an employee,time off with straight-time pay will be allowed of two
(2) scheduled work days off per death 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 8.5 Rate of Pay When Working Out of Classification.
An employee may be required to temporarily work out of his/her classification when directed by management.
Temporarily is defined as an employee who is clearly and definitely performing the principal duties in a higher
pay classification for more than one hour per day, and they shall not exceed 580 hours in a 12-month period,
and shall be paid as follows,except at the sole discretion of the City Manager or his/her designee for Human
Resources who 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 be 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 current rate in their regular classification during such training time.
Section 8.6. Asphalt License Training and Certification.
At the sole discretion of the Public Works Director,qualifying employees shall be offered training to obtain an
asphalt license certification The appropriate certification level for training shall be determined solely by the
CWA 30
7/12/2013 7:07:10 PM
Public Works Director.
I Section 8.67 Voting Time.
Given the availability of alternatives such as absentee ballots and early voting, the past practice of allowing
paid time off for voting shall be discontinued.
ISection 8.78 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 8.89 Jury Duty.
The City of Miami Beach shall permit employees either to keep payments received from courts of competent
jurisdiction for being on duty, or in the alternative,their standard rate of pay,whichever is higher. For each day
an employee is called to jury duty, he/she shall be excused from work for such time as is necessary to
complete jury duty services. If three(3)or more hours are left in the employee's work shift upon release from
jury duty, the employee shall immediately contact his/her immediate supervisor for instruction.
Section 8.810 Tool Allowance.
Employees in those classifications who are required to provide their own personal tools as part of the job
duties shall be entitled to a $17.50 per pay period for the purchase of new/replacement tools.
11 equ red te wear a City uniform, peFSE)RS employed the fGIIGWORg publiG Gc)ntaGt pGsitiens shall reGe1v
CWA- 31
7/12/2013 7:07:10 PM
Building IRspeGtGF
(;arnenter II
Grime S___T hniGian
Crreme-`GeReTeGhninian I�
DeGtFiGal InSpeGtGF
EleGtrini�n
crcvtrrvTUrr
Elevator InspeGtnr
ppE��n,,.,,g�,in,.,�,eering InCneGtnr
titta s o R
P o'er
parking Enfnrnement SpeGialict 1 and II Plumb
DnliGe Fleet es� -st
PFope rt enGe TeGhR!G*a rT
Property E end TeGhRiGiaR 11
However, effeGtive QGtober 1, 2010, all Gleaning allewanGeS shall be eliminated.
Section 8.11 Uniform Provision.
Persons employed in all divisions, including the Public Safety Communications Unit (PSCU), who are
compelled to wear City-issued uniforms shall be provided with six (6) uniforms.
Lifeguards and full-time pool guards shall be provided with one (1) sweat suit per year, and a winter jacket
every five (5) years. Six (6) long sleeved/short sleeved shirts or any combination thereof shall be offered to
Lifeguard I, II, Lieutenant, Pool Guard I, II, to further protect them from the dangerous ultra-violet rays.
On a one-time basis only, all regular, full-time Lifeguard I, Lifeguard II and Lifeguard Lieutenants shall be
issued one(1)pair of dress pants, one(1)Class A shirt and one(1)badge. Lost,damaged or stolen badges
shall be replaced at the employee's expense. Worn dress uniforms shall be replaced at the City's expense,
but no sooner than once per year.
Uniforms shall be issued on the following schedule:
a) All other uniforms(except the Class A dress uniforms for Lifeguards)shall be delivered to the
employees in the month of January of each year.
Sponsorship: In the event that the City enters into an agreement with any outside sponsor concerning
CWA-32
7/12/2013 7:07:10 PM
uniforms that may be issued to any employee(s)(but not necessarily all employees)who are in the bargaining
unit, these sponsored uniforms may be issued to satisfy the contractual uniform obligations. No additional
contract obligations concerning uniforms are hereby created and such sponsored uniforms may be
discontinued at any time by the City.
Section 8.12 Insurance.
a) Effective at the beginning of the first full health insurance plan year, or as soon as practicable, after
(and only if)this multi-year Agreement is ratified by both parties, the City shall offer medical, dental,
and life insurance benefit plans to full-time bargaining unit employees and their legal dependents,as
set forth in this section(a, b and c)during the term of this Agreement. The City will continue to pay at
least fifty percent(50%)of the premium cost for eligible employees and their dependents. The City
will 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.a labor-management advisory committee created
as a substitute for such Board, such attendance shall not be counted against the Union Time Bank.
The designated Union representative may serve on this Board/committee for as long as bargaining
unit employees participate, exclusively, in the City's 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.
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 8.13 Pension.
General Provisions:
Should the actuary for the Miami Beach Employees' Retirement Plan confirm that the City's actuarial required
contribution is 23.5% of pensionable payroll then the additional two percent (2%) employee pension
contribution levied for all bargaining unit members hired prior to November 27,2010 shall be eliminated.This
confirmation must be provided in writing through the annual actuarial valuation report provided by the actuary
CWA-33
7/12/2013 7:07:10 PM
for the Miami Beach Employees' Retirement Plan.
Effective upon ratification of this Agreement for employees hired prior to February21, 1994,who participate in
the MBERP the employee pension contribution shall increase by 2%of pensionable earnings, from 10%to
12%of pensionable earnings Effective upon ratification of the 2009-2012 Agreement for employees hired
on or after February 21 1994 who participate in the MBERP, the employee pension contribution shall
increase by 2% of pensionable earnings, from 8% to 10% of pensionable earnings.
Promoted employees may remain in Classified Plan.
The pension plan will provide that in a case where an employee who is thereafter promoted to a position that is
in the unclassified pension plan, the promoted employee may elect to stay in the classified pension plan.
The Miami Beach Employees' Retirement Plan (MBERP) is the pension plan for CWA 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:
10% Cap on Overtime for Plan Members Hired before February 21, 1994
For those employees in the Miami Beach Employees' Retirement Plan (MBERP) who were hired before
February 21, 1994, overtime included in pensionable earnings received after the effective date will be limited
to a maximum of 10% above the employee's highest pensionable compensation, if applicable,each year.
Upon reaching the 10%maximum cap within a fiscal year, any additional overtime earnings in that year shall
not be subject to the pension contribution.
Two Year Previous Service Purchase Option
The two year previous service purchase option shall be eliminated as of September 30, 2013, for all CWA
bargaining unit employees Elimination of the two year previous service purchase option is subiect to the
agreement of a similar provision by at least one of the remaining two general employee bargaining units that
participate in the Miami Beach Employees Retirement Plan (MBERP) in the terms of their respective
successor collective bargaining agreements.
A vested employee May PUFGhase up te M Ye@FG Of Greditable under the fellewing terms. AR
empleyee May e'eGt tG PUFGhase Greditable seFViGe under the pension plan for up te twe years Gf aRY ef the
fellowing types ef empiGyment PFOOF tG the empleyee's date ef here by the Gity, pmvided that the ernp!Gyee ma
CWA-34
7/12/2013 7:07:10 PM
same reriorl of employment under another retirement rile
f
f
Full time employment with enether governmental entity.
f
0
years. The aRR6jal rate Of PeRsienable earniRgs shall be the rate in effeGt en the date ef payrneRt and Shall
e!eGtiGR tG PUFGhase the ad ditional SeNiGe, bUt, OR RG event later than the last day of empiGyment-, 'At.the tome
rate the empleyee at the time ef the eleGtieR. ARy aGGF61ed SiGk leave used to PUFGhase the bu
baGk will be valued Gn a eRe fer twe bas.s, and annual leave Gn a GRe fer one basis. in additiGn, any use e
,
time at the time of termination
rm
Partial Lump Sum Distribution
A member who retires under normal retirement (as that term is defined by the GERS) shall be allowed to
convert 25%of the actuarial value of his/her pension benefit into a lump sum distribution. For example, if the
normal retirement benefit is equal to$2,000 per month,the member may either receive$2,000 per month or
the combination of$1,500 per month plus a single lump sum equal to the actuarial value of the other$500.
This lump sum option shall not be available to early retirees, disability retirees,or beneficiaries receiving pre-
retirement death benefits.
The lump sum shall be calculated using the same discount rate and mortality rates used in the most recent
Actuarial Valuation Report for the GERS.
0
0 to 12%
GGRtFibutiGR shall*RGFease-by 0 PeRsionab! 0 0
CWA-35
7/12/2013 7:07:10 PM
WFItiRg that the Gity will realize a pension saViRgS feF the AGWaFial Required GGRtribUtiGR (ARG)
UPOR FatifiGatiGn ef this AgFeeMeRt, all GVVA employees will expeFieRGe a temporary 12 mGnth wage
0 if this pmvisffien takes effeGt., the additienal hVe PeFGeRt (2%)
Gentributien shall not beGG)me effeGtive URW afteF the expiFatien of the twelve (12) Month wage
redUGti
Final Average Monthly Earnings (FAME)
The City and Union agree to change the creditable service component of the formula for calculation of the
FAME for current members from two (2) highest paid years of creditable service to the five(5) highest paid
years of creditable service as described below:
a) For those employees who participate in the MBERP and are at normal retirement age or are 24
months or less from normal retirement age, as defined by Ordinance 2006-3504 as amended, as of
September 30, 2010, the Final Average Monthly Earnings (FAME) is at one-twelfth (1/12) of the
average annual earnings of the employee during the two(2)highest paid years of creditable service.
b) For those employees who participate in the MBERP, and who are between 24 and 36 months from
normal retirement age,as defined by Ordinance 2006-3504 as amended,as of September 30,2010,
the Final Average Monthly Earnings(FAME)means one-twelfth(1/12)of the average annual earnings
of the employee during the three (3) highest paid years of creditable service.
C) For those employees who participate in the MBERP, and who are between 36 and 48 months from
normal retirement age,as defined by Ordinance 2006-3504 as amended,as of September 30,2010,
the Final Average Monthly Earnings(FAME)means one-twelfth(1/12)of the average annual earnings
of the employee during the four(4) highest paid years of creditable service.
d) For those employees who participate in the MBERP,and who are more than 48 months from normal
retirement age, as defined by Ordinance 2006-3504 as amended, as of September 30, 2010, the
Final Average Monthly Earnings(FAME)means one-twelfth(1/12)of the average annual earnings of
the employee during the five (5) highest paid years of creditable service.
Deferred Retirement Option Plan (DROP)
Subject to actuarial verification that extending the DROP period for employees hired prior to ratification of the
2009-2012 Collective Bargaining Agreement does not result in an increased cost to the City, effective July 1,
2013 all current and future employees participating in the DROP shall be entitled to participate in the DROP
CWA-36
7/12/2013 7:07:10 PM
for a maximum period not to exceed sixty(60)months in total. Any employee who previously executed a form
entitling him or her to enter the DROP for a period of less than sixty(60)months in total shall be given a one-
time irrevocable election within (30) calendar days from the effective date of the conforming City ordinance
amending the DROP period as set forth herein to execute a new form extending his or her DROP period for
up to 60 months in total.
Pending final ratification of this Agreement any employee presently in the DROP whose DROP would end
after July 1 2013 but before the final ratification date of this Agreement or effective date enactment of the
respective City ordinance amendment shall be entitled to remain in the DROP program until the earlier of
such time as the employee executes a new form with a revised DROP separation date, or thirty(30)calendar
days following the effective date of a conforming City ordinance implementing the DROP extension provided
herein Notwithstandinq the foregoing nothing herein shall preclude an employee who is presently
participating in the DROP from their continued active employment and termination of employment in
accordance with their original DROP separation date.
IBargaining unit members hired after ratification of the 2009-2012 Collective Bargaining Agreement,
The current benefits and member contributions provided by the MBERP shall remain in effect for employees
hired on or after the date this Agreement is ratified, except as follows:
1) The normal retirement date is age 55 with at least thirty (30) years of creditable service, or age 62
with at least five (5) years of creditable service.
2) The early retirement date is the date on which the member's age plus years of creditable service
equal 75, with a minimum age of 55.
3) The Final Average Monthly Earnings (FAME) shall be an average of the highest five (5) years of
employment.
4) The benefit multiplier shall be two and one half percent(2.5%) multiplied by the member's years of
creditable service, subject to a maximum of 80% of the member's FAME.
5) The retiree Cost of Living Adjustment(COLA)will be one and one half percent(1.5%) per year,with
the first adjustment deferred to one (1) year after the end of the Deferred Retirement Option Plan
(DROP).
6) The employee contribution will be 10% of salary.
7) The standard form of benefit is a lifetime annuity.
8) Members who separate from City employment with five (5) or more years of creditable service but
prior to the normal or early retirement date shall be eligible to receive a normal retirement benefit at
age 62.
9) Employees shall be eligible to enter the DROP at the ROFFnal retirement age speGified on paragFaph 2,
above, and may paFtinipate in the DROP fnr a mwimi im of five (5)
CWA-37
7/12/2013 7:07:10 PM
Reduction in Vesting Requirement for Employees Hired On or After February 21, 1994
The minimum vesting requirement for pension plan members hired on or after February 21, 1994, is 5 years of
service.
Reduction in Normal Retirement Age for Employees Hired On or After February 21, 1994
The normal retirement age for pension plan members is as follows:
• For members hired prior to February 21, 1994, the normal retirement age is 50.
I • For members hired on or after February 21, 1994 but prior to September 30, 201099, the normal
retirement age is age 55.
• For members hired on or after September 30, 2010, the normal retirement age is 62.
Other Requirements and Conditions
In order to be eligible for each of the above pension benefits, each employee must be actively employed on
the effective date of the benefit and must thereafter retire. All of the foregoing pension changes shall apply
prospectively, not retroactively. All other provisions of the MBERP plan not specifically addressed in this
Agreement shall remain unchanged.
Retiree Health Insurance
a) The parties agree that any bargaining unit member who previously elected or who elects 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.
b) The parties agree that any bargaining unit member who is eligible for retiree health benefits from the
City must make a one-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.
C) Employees hired on or after February 2,2006,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 this
Agreement is ratified,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
CWA- 38
7/12/2013 7:07:10 PM
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 8.14 Vacation Benefits.
Consistent with applicable ordinances, the vacation benefits enjoyed presently by the employees covered by
this Agreement shall continue.
Section 8.15 Sick and Vacation Leave Accrual and Maximum Payment on Termination.
a) Employees shall be entitled to twelve paid days a year due to illness for themselves or family
members.
b) 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.
C) All employees hired after October 1, 1978 shall, under applicable ordinances, rules, and regulations
shall be allowed to accrue no more than 500 vacation hours effective October 1,2006, and except in
accordance with provisions for postponement of vacation leave as set forth in Article 8.14 of this
Agreement; be permitted to transfer sick leave in excess of 360 hours to vacation leave at the rate of
two days'sick leave to one day vacation leave to be used in the pay period year when transferred; be
permitted a maximum payment at time of termination,death,or retirement of no more than 620 hours
(effective upon ratification of this agreement)vacation leave and one half of sick leave to a maximum
of 600 hours.
Section 8.16 Public Safety
Public Safety Communications Unit(PSCU).
a) Persons hired into the classification of Dispatcher Trainee will receive a 3% increase after six (6)
months of satisfactory service;
b) Upon being certified by the Police Chief as being fully qualified to dispatch both Police and Fire calls,
a Dispatcher will receive a three percent(3%) increase (in lieu of the prior one-step increase)while
CWA-39
7/12/2013 7:07:10 PM
assigned to PSCU. The City can require employees to dispatch both Police and Fire calls. However,
an employee hired before September of 1995 who is not already trained in both police and fire calls
as of the April 8, 2002, can continue to dispatch either fire or police calls;
C) Dispatchers, Communication Operators, and Complaint Operator II's who are designated as certified
training officers shall receive one dollar per hour for all hours worked in a training capacity. All
employees who express an interest and whose last performance evaluation was satisfactory shall be
considered eligible for certification as a CTO. Generally, an employee without CTO certification shall
not be required to perform in a training capacity unless a CTO is not available. However, if a Non-
CTO is mandated to train, he/she will also receive the stipend.
Section 8.17 Longevity Integration Longevity-for Lifeguard I, Lifeguard II and Lifeguard Lieutenant
only.
FeF the tome peFffied Of QGteber 1, 2009 threugh September 30, 2010, the fG!IGW*Rg shall applyL.
StaFtiRg Salary- New employees will start at the ;tep of the pay Fange.
l,1 Circ (1 6tN Qtmr%--InGrease Newly hired empleyees shall FeGeive a- step OnGrease after
�+ �
AnR*VeFSaFy Date InGrease - Step inGFeases shall beGGme effeGtive en the payroll period
,
GGMrneRG ng on the ARRiveFsap�date shall be defined as the date that an emplOyee GGMPletes probation er the
,
by rnUltiplyiRg the employees'eaFnmRgS(as defined in arbitFation deGiSien FIVIGS 03-04117 by
as determined her yearns of sei-vnvepe,the following table.
e
Completed Years of * Dnrnnntage Innrease
Years 2 ale
10 0 vie a r d tt/6
15 YeaFs
20 Years ig.0%
CWA-40
7/12/2013 7:07:10 PM
25 Years
*This does nGt lrle time taken as unpaid leave
�V crnTC-cQ1TG Ci—T'�a Q"i
1 1 step 'in-reases sh be eliminated fc)r all LifeguaFd 1, Lifeguard 11 and LifeguaF6
LieutenaRt 1 and they shall be plaGed in the 1
7
Wrnit mem'
Effective October 1 2012 the maximum of the pay ranges for the Lifeguard II and Lifeguard Lieutenant
classifications shall be extended by eleven percent(11%). The range for the Lifeguard I was extended upon
ratification of the FY 2006/09 Collective Bargaining Agreement when the Pool Guard II range was extended to
accommodate the elimination of the step plan and integrated the eleven percent 01%) longevity pay, as the
classifications share a pay grade: h52.
Employees in the classifications of Lifeguard I Lifeguard II and Lifeguard Lieutenant,whose longevity pay was
eliminated from their compensation on September 30, 2012, shall have the equivalent dollar value of said
longevity pay restored retroactively effective October 1 2012.The equivalent dollar value of said longevity pay
shall be added to the employee's base pay. This amount shall be the affected employees' base pay for the
purpose of calculating any qualifying merit increases Both parties agree that this provision shall only be
applicable to those employees who were receiving a longevity pay supplement on September 29, 2012.
Section 8.18 Perfect Attendance Bonus.
Employees who perform the full scope of their regularly assigned classification for each fiscal 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. Religious/Sick and Bereavement/Sick shall not be counted against
employees under this section.
Section 8.19 Lead Person.
An employee in the Carpenter, Electrician, Painter, Plumber, and Air Conditioning Mechanic, positions in the
Property Management Division will receive a five percent (5%) supplement for Lead pay if the following
conditions are met:
a) The employee is in charge of a construction project,
b) The construction project consists of four(4) or more employees,
C) The Lead Person will have three (3) years of experience in his/her position with the City of Miami
Beach,
d) The Lead Person will have most recent three (3) years of performance appraisals of 75 or above.
CWA-41
7/12/2013 7:07:10 PM
Section 8.20 Union Conventions.
Two(2)delegates of the Union will be granted a leave of absence with pay,not to exceed two(2)weeks in any
one year, for the purpose of attending State and International conventions. The Union will provide the City
with the name(s)of the delegate(s)and provide the dates and locations of any such conventions for which a
leave of absence is requested six(6)weeks in advance of the convention so that the department can make
appropriate arrangements. This time shall not be deducted from the Union time bank.
Section 8.21 Orientation.
The union shall have the right to send two of the four designated Union representatives, authorized with pay
pursuant to the Union Time Bank for time he/she would have otherwise been working to attend and participate
in new employee orientation conducted by Labor Relations and Human Resources where bargaining unit
members are present.
Section 8.22 Educational Leave and Tuition Reimbursement.
The City's tuition reimbursement program shall be continued for the term of this Agreement.
Section 8.23 Property Management License(s) Maintenance.
(Required continuing education/certification for current position) Employees in the Property Management
Division who in order to maintain their licenses as required in their job descriptions, and have to attend
continuing education classes shall be paid their straight hourly wages for all required hours up to 20 hours a
year: provided that no additional pay shall be made to the employees if the training is provided by the City
during regular work hours.Any hours spent attending training under this section shall count as hours worked.
Section 8.24 EMT Certification , and Full tome Peet
Guards whe attagn and maintain ErneFgenGy MediGal TeGhniGiaR(EIVIT)GeFtifiGate given by the State of Florida
shall FeG,eive a five neFGent (5%) P- innre�ce
All Lifeguard 1, LifeguaFd 11, L*feguaFd LieutenaRtG, PeE)l GuaFd 1 and Peel Guard-11 employees hiFed en oF afte
September 30, 2011 shall be required to have and maintaiR aR En;ergeRGY MediGal TeGhRiGiaR (EMT)
Only Lifeguards I Lifeguards II Lifeguard Lieutenants and full-time Pool Guards who were receiving the
Emergency Medical Technician(EMT)certification pay supplement on September 29,2012,shall receive the
CWA-42
7/12/2013 7:07:10 PM
equivalent dollar amount they were receiving for said EMT pay supplement, retroactive to October 1, 2012.
Qualifying employees shall receive this pay supplement on a biweekly basis provided they have continuously
maintained their(EMT)certification by the State of Florida. This benefit shall be a flat rate, non-compounding
dollar value.
All Lifeguard I Lifeguard II and Lifeguard Lieutenants employees hired on or after September 30 2011 shall
be required to have and maintain an Emergency Medical Technician(EMT)certification issued by the State of
Florida prior to being hired by the City of Miami Beach but shall not be entitled to receive any EMT certification
pay supplement.
ErfeG icrve September 3t, , the EMT GeFtifiGatiGR shall he eliminated
By SeptembeF 30, 2012, all L.feguaFd 1, Lifeguard 11, Lifeguard Lieutenants, PGGI GuaFd 1 and PoGl Guard 11
emp!Gyees, regardless ef the date of hiFe, shall be required W have and maiRtaiR an EIVIT GeFtiflGate giveR by
the State ef Perida,'The City and the IJ i to meet after ratifiGatien ef thi6 AgFeement te di6GUss and
enter into a side agreement imnlementinn thic prey
CWA-43
7/12/2013 7:07:10 PM
ARTICLE 9
GENERAL PROVISIONS
Section 9.1 Discrimination.
In accordance with applicable federal, state, and local law, the City and the Union agree not to discriminate
against any employee on the basis of race, creed, color, religion, disability, sex, national origin, age, sexual
orientation, marital status or political beliefs.
.Section 9.2 Meetings Between Parties.
At the reasonable request of either party, the Union President, or his/her representative, and the City
Manager's designee for Labor Relations, or his/her representative, shall meet at a mutually agreed time and
place to discuss matters of concern. Whenever time permits, the party requesting the meeting shall submit
written notice of the subject matter to be discussed. Such notice shall be submitted one week in advance of
the proposed meeting date. Whenever the Union President,or his/her representative, makes suggestions or
recommendations to the City Manager, or his/her designee for Labor Relations, specifically concerning
productivity of job safety, the City Manager, or his/her designee for Labor Relations, will respond as
appropriate.
Section 9.3 Reduction in Work Force.
When there is a reduction in the work force, employees will be laid off in accordance with their length of
service and their ability to perform the work available. When two or more employees have similar ability,the
employee with the least amount of service will be the first one to be laid off. Heweever, fer the time period
GGVeFiRg QGteber 1, 2010 thFeugh September 30,2012, Re_empleyee GoveFed under the GVVA BargaiRing URit
shall be separated from ernpleymeRt with the Gity feF reasens Gther than diGGiplinary,VGIURtaFy separatIOR,9
("bumpigg"))will be
Section 9.4 Work Rules.
The City will provide the Union with a copy of any written rules that are instituted or modified during the term of
this Agreement affecting employees in the bargaining unit. In the event the City desires to alter, amend, or
modify existing written work rules, or promulgate new written work rules, the proposed changes will be
submitted for review to a joint labor/management committee. The City shall have two(2)representatives and
CWA-44
7/12/2013 7:07:10 PM
the Union shall have two(2)representatives on this committee,which will make recommendations to the City
Manager. The proposed changes shall not become effective until a final decision of the City Manager has
been rendered. No Personnel Rule, Work Rule or any other rule, or application thereof shall in any manner
conflict with any provisions of this agreement, and such rules shall be reasonable.
Section 9.5 Probationary Employees.
A probationary employee who is dismissed without cause shall have the right to discuss with the appointing
officer the reasons for such dismissal at a mutually agreed to time. Following such meeting, a probationary
employee, if he/she so desires, shall have the right to further review the reasons for such dismissal with the
City Manager or his/her designated designee for Labor Relations at a mutually agreed to time. It is expressly
understood, however,that the appointing officer retains the exclusive discretion with respect to the retention or
dismissal of probationary employees.
Periods of absence shall cause the probationary period to be extended for an equal amount of time. At the
request of the appointing authority,the City Manager, or his/her designee for Human Resources may extend
the probationary period for up to three(3)additional months provided that the reasons for extension are given
to the employee in advance of the expiration of the initial probationary period. The City acknowledges the
importance of giving timely performance appraisals and feedback to probationary employees.
Section 9.6 "Temporary Employees".
The City shall have the unrestricted right to hire up to one hundred (100) "temporary" employees in the
bargaining unit, provided they are not hired at the detriment of the bargaining unit employees.
The number of temporary employees working in each Division shall not exceed 50% of the number of
positions in that Division.
Temporary employees being utilized to fill in on short-term vacancies shall not be considered as a detriment to
the bargaining unit's employees. Such"temporary"employees shall be paid at rates set in the sole discretion
of management and a"temporary"employee's employment service may not exceed one(1)continuous year
at any one time.
"Temporary"employees may not work in a classification wherein a permanent Civil Service employee is laid
off. The Human Resources Department shall send the Union a report of"temporary"hires on a monthly basis.
"Temporary"employees shall not be covered by Civil Service or Personnel Board Rules,and they shall serve
at the will of their employer without right of appeal or access to the grievance procedure contained herein,and
they shall not receive any fringe benefits or pension benefits. Terminated"temporary"employees may be re-
CWA-45
7/12/2013 7:07:10 PM
hired if their separation is under honorable circumstances.
Regarding the implementation of the one hundred (100) temporary positions, it is understood that those
positions were not limited to, but could be used to develop a cadre of employees who, on short notice, could
serve as backup for regular employees or for such things as vacancies caused by absences due to maternity,
military leave, sick leave, off-duty injury, on-duty injury, and work overload. The examples cited herein are not
meant to be all inclusive.
It is further recognized that employees who retire"in good standing"who may be interested in working on a
temporary or part-time basis,and should temporary work become available the retired employees will have the
opportunity to make application for one of the temporary positions. Such part-time positions shall not be
covered by Civil Service rules or regulations,will have no fringe or pension benefits,and the salary shall be at
a rate determined by the City. Further,the temporary employees shall not have a choice of picking schedules,
but will be assigned by the City's management on an as.needed, when needed, basis.
Section 9.7 Political Activities of Employees.
Except as provided by State law and City of Miami Beach Personnel Rule 1,(b),the City shall not make,adopt
or enforce any rule, regulation or policy;
a) Forbidding or preventing employees from engaging or participating in politics or from
becoming candidates for public office;
b) Controlling or directing or tending to control or direct the political activities or affiliations of
employees.
It is understood that no political activities may be conducted by unit members during the employee's scheduled
work day.
Section 9.8 Safety.
The City agrees to provide,at no cost to the employee,any appropriate safety equipment required to be worn
or otherwise utilized by the employee. This shall include such items as hard hats, gloves, etc. Those
employees issued such equipment will be responsible for such safety equipment,and any loss or damage due
to the neglect of the employee may require the employee to pay for the replacement of said City-issued
equipment.
a) The City agrees to provide, upon request, up-to-date, non-glare screens for computer
terminals.
CWA-46
7/12/2013 7:07:10 PM
b) The City shall evaluate and provide, upon request, a wrist rest, which will help alleviate the
stress upon the hands and arms of those employees performing repetitive motion, to all
persons who type more than 50% of their workday:
C) The City shall provide in each lifeguard stand a modern voice amplifier(bullhorn)to be used
in providing safety.
d) The City will agree to provide safety training to all Parking Enforcement employees as
deemed appropriate by the City and Union.
e) The Union is encouraged to have its members volunteer to serve on the Department Safety
Committees that are being organized in each City.Department. The bargaining unit member
serving on the City's Safety Committees will not suffer any loss of benefits or wages for
attendance at regularly scheduled meetings during regular scheduled work time. No
overtime will be paid for attendance at such meetings.
f) If there is a central, Citywide Safety Committee, the Union's President may be a member if
he/she so requests.
g) Upon request by an employee,the City Manager's designee for Risk Management shall audit
the employees' work environment for correct ergonomic functionality and shall make
reasonable and appropriate corrections.
Those employees issued such equipment will be responsible for such safety equipment, and any loss or
damage due to the neglect of the employee may require the employee to pay for the replacement of said City-
issued equipment.
Section 9.9 Parking.
The City shall provide seventeen (17) parking spaces at a lot comparable to Lot 11 for the exclusive use of
on-duty Lifeguards. Such parking spaces shall be clearly marked. This Section may become moot if the
Lifeguards are able to work out a reporting system that would allow them to proceed directly by their private
vehicles to their respective lifeguard stands.
Section 9.10 Glasses and Hats.
The City agrees to reimburse Lifeguards and Pool Guards I and II for the purchase and/or repair of sunglasses
CWA-47
7/12/2013 7:07:10 PM
up to a maximum allowable reimbursement of$60.00 per employee in each fiscal year.
In order to be reimbursed,the employee must request a reimbursement, in writing,and attach a store receipt
reflecting such purchase and/or repair.
Section 9.11 Notification in the Event of Transfer or Contracting Out.
When the City contemplates entering into a contract with an outside supplier or service agency to perform
services presently being performed by bargaining unit employees and such contract shall 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, or his/her 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 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.
Section 9.12 Stress Reduction/Police Department's Public Safety Communications Unit.
CWA-48
7/12/2013 7:07:10 PM
Those employees covered by this Agreement who work in the Miami Beach Police Department
Communications Unit, will be given a stress reduction training program provided by the City. Such stress
training will be a one-day stress seminar as given to sworn officers.
Section 9.13 Bulletin Boards.
The Union may, at its own expense, place a bulletin board in each department, not to exceed approximately
three feet by two feet(3'x 2') in size. The bulletin boards shall be used for posting the following notices only:
a) Notices of Union Meetings.
b) Notices of Union Elections.
C) Reports of Union Committees.
d) Recreational and Social Affairs of the Union.
e) Any material of informational nature related to CWA.
Prior to posting, the material as described above shall be signed by an elected officer of the Union and
submitted to the City Manager's designee for Labor Relations, for signature.
Materials, notices or announcements which contain anything political or controversial that might reflect upon
the City, any of its employees, or any other labor organizations among its employees, or any materials,
notices, or announcements which violate any of the provisions of this Section, shall not be posted.
Any materials that are posted which are not in conformance with this Section may be removed at the
discretion of the City.
Section 9.14 Seniority.
a) 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.
Continuous service refers to ongoing unbroken service with the City. The parties agree that a
voluntary resignation retirement or involuntary separation from employment with the City, such as
termination for cause or a layoff, will interrupt continuous service and thus break that individual's
seniority. The parties further agree that seniority is aggregated for all full time service only,even if an
employee moves to part time status so long as employment is regular and continuous. For example,
if an employee works full time for five(5)years is reduced to part-time status for six(6)months,and
then resumes full time status for another six (6) months at the end of the six (6) years of
employment that employee will have five and one half(5 Y2) years of seniority.
Regular signifies the satisfactory completion of the probationary period following a probationary
CWA-49
7/12/2013 7:07:10 PM
appointment or promotion and immediately preceding a regular appointment. Regular employment
means ongoing employment of an indefinite nature and not work performed as a temporary
employee seasonal employee, or independent contractor.
Full Time means an employee regularly scheduled to work no less than 40 hours a week as defined
in Section 7.3, Normal Workweek, of this Agreement.
For the purposes of seniority, compensated leave time including but not limited to vacation,
bereavement and sick time all ISC(Injury Service Connected)time,and all approved Family Medical
Leave Act(FMLA) leave(paid or unpaid) shall be counted as"regular,full time, continuous"service
upon the employee's return to his/her job. Any time that an employee is AWOL or on any other form
of unpaid absence including sick time during probationary period or unapproved leave shall not be
credited toward an employee's"regular, full time, continuous" service.
stated, is an employee's length Gf regulaF, full torne, Gontonu a with the G*.
bIo}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. Seniority will not
apply in emergency situations.
G) SeR*GFmty Will Ret apply *R an emergenGy-situatien.
d�c) in the event of same day hiring, seniority rank shall be determined in the order of standing on
the eligibility list.
Section 9.15 Shoes.
A) Safety Shoes
QRGe eaGh year dYFiRg the term ef thus AgFeemeRt, a safety shee reimbursement for up tG sixty dollars
($60.00)will be previded to the employees in the fOlIGW*Rg jeb GlassifiGations fGF the PUFGhase of safety shoes.
Safety shGes must, meet the ANSI Z4 Federal Safety StandaFds. Employees in the following job
classifications will be required to wear safety shoes during all working hours. Effective October 1, 2013, and
each October thereafter, a safety shoe certificate will be provided to those employees in the following iob
classifications for the purchase of safety shoes meeting ASTM F2413-05 Federal Safety Standards.
Employees in the following classifications will make their safety shoe selection from a list of safety shoes,
which will be developed by the Shoe Safety Committee comprised of two(2) Union representatives and two
CWA-50
7/12/2013 7:07:10 PM
(2) Management representatives.
Reperting tG werk witheut the Fequired safety shoes shall FeSU't*R the empleyee being seRt hGme without pay,
immedimmediate) fer the balaRGe of the day and may Foci ilt in dicninlinary antinn
iately,��, �.�_ o,-.,-rte .,,....... .....,...r.,........� ,,.,........
Air Conditioning Mechanic Engineering Assistant I, II, III
Building Inspector Mason
Carpenter Masonry Helper
Carpenter II Mechanical Inspector
Coin Room Money Handler Painter
Electrical Inspector Parking Meter Technician I, II
Electrician Plumber
Elevator Inspector Plumber Inspector
Reporting to work without the required safety shoes shall result in the employee being sent home without pay,
immediately, for the balance of the day and may result in disciplinary action.
Uniform Shoes
Effective October 1 2013 and each October thereafter,a shoe certificate will be provided to those employees
in the following Oob classifications for the purchase of shoes.Those employees in the following classifications
will make their shoe selection from a list of shoes which will be developed by the Shoe Safety Committee
comprised of two (2) Union representatives and two (2) Management representatives.
These empleyees On the following jGb GlassifiGatieRS not already issued, shoes will be reimbursed sixty do
Code Compliance Administrator Dispatcher Trainee
Communications Operator Parking Enforcement Specialist I
Complaint Operator II Parking Enforcement Specialist II
Crime Scene Technician I Property Evidence Technician
Crime Scene Technician II Property Evidence Technician II
Code Compliance Officer I & II Public Safety Specialist
Dispatcher
Reporting to work without the required uniform shoes shall result in the employee being sent home without
pay, immediately, for the balance of the day and may result in disciplinary action.
Section 9.16 Labor/Management Committee.
There shall be a four(4)member labor/management committee with two(2)members each appointed by the
CWA President and the City Manager or his/her designee for Labor Relations. The committee shall meet at
mutually agreed times to discuss matters of common interest such as critical incident debriefing,absenteeism
control, etc. The labor/management committee is not a forum for collective bargaining or resolving specific
CWA-51
7/12/2013 7:07:10 PM
grievances. Labor Management Committee meetings shall not count against the Union Time Bank.
Section 9.17 Promotions.
Within 120 days of the date the Agreement is ratified by the City,the Labor-Management Committee will meet
to discuss selection procedures relative to promotions of bargaining unit employees to other bargaining unit
positions.
Section 9.18 Beach Patrol Promotions. The parties agree as follows:
1) To be eligible, applicants must attain and maintain Emergency Medical Technician(EMT)Certification
prior to the promotional exam unless otherwise provided for in this Agreement.
2) During the first promotional opportunity for Lifeguard II and Lifeguard Lieutenant subsequent to
ratification of this Agreement applicants who are not EMT certified shall be eligible to apply for the
promotional exam. If promoted the employee shall have 12 months from his/her promotional date to
obtain such certification. Should the employee fail to obtain his/her EMT Certification, the employee
will not be eligible to retain regular status in the promotional classification nor will he/she be eligible to
maintain his/her promotional rank. The employee shall be demoted to his/her previously held
classification.
3) Eligible applicants for promotional exams shall be given a written and an oral examination.
4) Applicants must pass an ocean swim test under reasonably common conditions. Conduct of the
swim test shall be monitored by Human Resources.
5) Applicants must have received at least a satisfactory evaluation in each element of their most recent
performance review to be eligible to take the promotional examination.
6) The written tests shall be developed under the direction of Human Resources. The reading list for
examination materials from which the questions are drawn will be set by the City Manager's designee
for Human Resources after consultation with the Department Director and the Union. Any reading
lists will be posted at least thirty (30) days prior to the administration of such tests. A copy of an
examinee's graded answer sheet shall be furnished to the examinee upon completion of the grading,
if requested. All challenges of questions on the written tests must be made in writing to the City
Manager's designee for Human Resources within two (2) working days of the testing dates and
he/she shall conclusively decide the challenge.
7) For the oral tests, questions shall be job related and evaluators shall use common criteria to assess
the quality of candidates'answers and to determine scores. Final scores on oral examinations shall
CWA- 52
7/12/2013 7:07:10 PM
be the average of all scores made by evaluators.
8) Oral test evaluators shall be knowledgeable of the target position., shall include at least one person
who is not a City employee, and shall be selected by Human Resources.
9) Promotional lists shall expire two (2) years after the posting of the results of a promotional test or
where lists have been combined, two (2) years after the combining of the old and new lists.
CWA- 53
7/12/2013 7:07:10 PM
ARTICLE 10
DRUG AND ALCOHOL TESTING
SeGtion 10.1 The City and the Union reGognize the employee substanGe and alGehel abuse has an adverse
and to the general publiG at large. TherefeFe, in the best 'RteFes-,, of t" parties to negGtiate eveF the
SeGtnon 12-9 Using, selling, -r being URdeF the iRflwenGe Gf dFUgS GF GE)RtF()Iled s6ibstanGeS whole
at werk is prohibited. Empleyees aFe further pFehibited fFGM Gensuming alGohol and drugs en duty and/e
abusing alGehel and dFugs Gff duty to the;-�Xbent.th-At SUGh use and/G)r abuse tends t()have aR effeGt Lip()
BFeathalyzer when it has a reasenable s n as defiRed OR Florida Statutes 440.102(N)that aR empleyeee
- under the onfluenGe Gf or using alGohel, drugs or naFGGtiGS and/eF when an empic)yee haS GaUsed,
SeGtwGn 10.4 lR the event a ur*.,--,,--..,,eR iS tested as positive, a portion ef that sample will be subjeGted te a
seGend test at the , employee's
ompleyee will be reimbursed by the City.
a�n�-racrraca��cr-r�o�r�
SeGt"on 12.§Fer purpose6 of reasc)nable belief SGFeeRiRg Griteria fer a'GGhG!OR this AFtiGle,employees sh
deemed a'Gohel impaiFed if theiF bleed4Gehol level is measured at .04 or above.
Ser.t;on 12-7 The parties agree that an employee's refusal to submit("refusal tG submit"mRG!udes adulteFatoRg
,-- A false sample) te dFug GF alGohol testing in aGGE)rdanGe with the previsieRS ef th+is
AFtiGle may result on d*6GOPIORary aGtiE)R being takeR agaiRSt the employee up te and iRGludiRg dismiss
publiG that bargaiRiRg URit members not be impaired by a.Gehol whale en duty nor use illegal dFugs. TG
ResouFGes DepaFtmeRt OF its desigRee. Those employees who have a GDL liGense and are in the GDL Drug
CWA-54
7/12/2013 7:07:10 PM
TeStiRg Poel will net be part of the GVVA DFug Testing PGGI SiRGe the employees who held a GDL liGense are
tes
Grime SG-,I-T,.!,,'iGian 1 an"
DiSpatnher and DiSpatGher Trainee
I ifcni orr1 I 1 ifoni iorr� I I �nrJ
Lifeguard and I ion iteRw#
Peel Guard 1 and Poel Guard 14
e
Property EyidenGe TeGhniGian 1 and Drnperty EnGo TeGhninian II
Section 10.1.
The City and the CWA recognize that employee use of illegal substances, abuse and misuse of controlled
substances and alcohol abuse have an adverse impact on City government,the image of City employees,the
general health welfare and safety of employees and the public at large.To demonstrate the commitment by
the City and the CWA employees shall be subject to random drug and alcohol testing and reasonable
suspicion testing.
Those employees who have a CDL license and are in the CDL Drug Testing Pool will not be part of the CWA
Drug Testing Pool since the employees who hold a CDL license are already being randomly tested.
All random and reasonable suspicion testing protocols shall comply with Title 49 Code of Federal Regulations,-
Part 40.
Section 10.2.
Using selling, possessing or being under the influence of illegal drugs while on or off-duty is prohibited.
Employees are further prohibited from consuming alcohol on-duty and/or consuming or abusing alcohol off-
duty to the extent that such use and/or abuse may have an effect upon the performance of iob functions.
The use of controlled substances is permitted only when prescribed by a licensed health care provider and
properly used by the employee/patient. Misuse or abuse of prescribed controlled substances is prohibited.
CWA-55
7/12/2013 7:07:10 PM
If a test result for a controlled substance is positive,the employee shall be solely responsible for providing the
Medical Review Officer (MRO) with the prescription number and the name and telephone number of the
pharmacy where the prescription was filled. A new or back-dated unfilled prescription shall not be accepted.
IThe City's current 10-panel drug test and cut-off levels are as follows:
Drug Initial Test GC/MS Confirm
Level Test Level
Amphetamines 1000 n /ml 500 ng/ml
Barbiturates 300 n /ml 150 n /ml
Benzodiaz ines 300 ng/ml 150 n /ml
Cocaine metabolites 300 ng/ml 150 n /ml
Mariouana metabolites 50 n /ml 15 n /ml
Methadone 300 n /ml 300 n /ml
Methagualone 300 ng/ml 150 ng/ml
Opiates 2000 n /ml 2000 n /ml
Phencyclidine 25 n /ml 25 n /ml
Propoxyphene 300 ng/ml 150 n /ml
In the case of an alcohol test a result of 0.04 or greater constitutes a positive result. A confirmation
breathalyzer test shall be administered following the initial test in accordance with the procedures in Title 49
Code of Federal Regulations, Part 40.
Section 10.4. Drug/Alcohol Random Screening.
Urine analysis shall be administered to test for unlawful drugs and controlled substances. Breathalyzer testing
shall be administered to test for alcohol. Employees shall be selected using a random selection process and
shall be tested during their normal tour of duty. Employees will be selected for testing from a blind list by the
Human Resources Director or his/her designee.
Section 10.51 Drug/Alcohol Reasonable Suspicion Testing.
The City Manager Assistant City Managers, Department Directors,or in the Department Directors's absence,
the appropriate Assistant Director or Division Director, may direct any employee to submit to a urine analysis
and breathalyzer, when there is reasonable suspicion that an employee is under the influence of or using
alcohol drugs or controlled substances on-duty,on an off-duty detail and/or when the employee has caused,
CWA-56
7/12/2013 7:07:10 PM
contributed to or been involved in an accident(i.e.,while operating a City vehicle whether on-duty or off-duty).
All reasonable suspicion tests must be coordinated through the Employee Relations Manager who is available
24/7 for this specific function.
Section 10.6. Positive Drug and/or Alcohol Test Results.
The parties agree that positive results to random or reasonable suspicion drug or alcohol tests with no
legitimate medical explanation or in violation of the terms and conditions set forth in this Agreement, shall
result in the employee's termination from employment. The employee may grieve said discipline through the
contractual grievance/arbitration process.
Section 10.7. Refusal to Submit.
The parties agree that an employee's refusal to submit(which includes adulterating a specimen or submitting
a false specimen)to drug or alcohol testing in accordance with the provisions of this Article shall result in the
employee's termination.The employee may grieve said discipline through the contractual grievance/arbitration
process.
Section 44.910.8 Last Chance Agreement.
Employees testing positive may be offered the opportunity to enter into a"Last Chance Agreement". Offering
an employee a last chance agreement in noway precludes the City from taking concurrent disciplinary action.
The
Agreement shall require participation in a rehabilitation program, unannounced follow-up testing for a period of
two years 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. 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) chance for substance abuse
rehabilitation during employment with the City.
CWA- 57
7/12/2013 7:07:10 PM
ARTICLE 11
ENTIRE AGREEMENT
The Union acknowledges that during negotiations resulting in this Agreement, it had the right and opportunity
to make demands and proposals with respect to any and all subjects not removed by law from the area of
collective bargaining and that the complete understanding and agreements arrived at by the parties after
exercise of that right and opportunity are set forth in this Agreement. Therefore, the Union waives the right,
during the term of this Agreement, to bargain collectively with respect to any subject or matter referred to or
covered in this Agreement, and it particularly waives the right to bargain (except impact bargaining)over the
City's exercise or any of its management's rights set forth in Article 6 of this Agreement, e.g., changing work
hour schedule, transferring employees, laying off employees, etc.
This Agreement may be amended by mutual agreement of the parties but any amendments must be in writing
and signed by duly authorized representatives of the parties before it will be effective.
CWA- 58
7/12/2013 7:07:10 PM
ARTICLE 12
SAVINGS
If any provisions of this Agreement are subsequently declared by the proper legislative or judicial authority to
be unlawful, unenforceable or not in accordance with applicable statutes or ordinances,all other provisions of
this Agreement shall remain in full force and effect for the duration of this Agreement. Upon issuance of such
a decision or declaration which is not appealed by either party, the parties shall,following a request by either
party, negotiate in good faith on a substitute article, section or portion thereof.
CWA-59
7/12/2013 7:07:10 PM
ARTICLE 13
TERM OF CONTRACT
This agreement shall be become effective upon City Commission approval,and shall remain in effect until the
30th day of September 2015. It shall be automatically renewed thereafter from year to year unless either
party shall notify the other in writing sixty(60)days prior to the anniversary date that it desires to modify this
Agreement. In the event such notice is given, negotiations shall begin not later than thirty(30) days prior to
the anniversary date of the Agreement.
CWA-60
7/12/2013 7:07:10 PM
Executed by the parties hereto on the day of 1204-013.
COMMUNICATIONS WORKERS OF AMERICA CITY OF MIAMI BEACH
By: By:
IRichard McKinnon jerge M. G-enza'°'Jimmy L. Morales
CWA President City Manager
Approved by vote of the City Commission, OGtobeF 27, 2010.
Matti Herrera Bower
Mayor
ATTEST:
Robert ❑aFGhe Rafael E. Granado
City Clerk
CWA-61
RATIFICATION
IThis Agreement was ratified on July 15, 2013, by a majority vote of bargaining unit
members represented by Communications Workers of America(CWA),employed by the City of Miami Beach.
Attesting to the above are CWA Local 3178's Negotiation Team members:
Richard D. McKinnon, President
jsenh Fisher, Vice President
onathan Cinkec, Member rF rIeGt
IWarren Green, Member-Elect, Section 3
Jason Cassanova, Member-Elect, Section 5
Martha Nino, Member-Elect, Section 1
Alex Ott, Member-Elect, Section 4
MaRwel V* Eduardo Carranza, Member-Elect, Section 2
CWA-62
APPENDIX A
CWA-63
Exhibit#1
Classification/Compensation Plan
lClassification Range lClassification Range
Clerk H15 Complaint Operator II H26
Crime Analysis Specialist H26
Coin Room Money Handler H16 Financial Specialist II H26
Clerk Typist H17 Carpenter I H27
Dispatcher H27
Masonry Helper H18 Engineering Assistant II H27
Mason H27
Account Clerk I H2O Property Evidence Tech II H27
Admin Aide I H2O
Data Entry Clerk H2O Carpenter II H28
Duplicating Equip Operator H2O Code Compliance Officer II H28
Permit Clerk I H2O Commission Reporter II H28
Police Records Technician H2O Financial Specialist III H28
Revenue Processor I H2O Police Fleet Specialist H28
Parking Enforcement Spec I H22 Planning Technician H29
Account Clerk II H23 Engineering Assistant III H30
Meter Analyst H23 Field Inspector II H30
Parking Meter Tech I H23
Permit Clerk II H23 Crime Scene Technician I H31
Property Evidence Tech I H23 Police Photographer H31
Public Safety Specialist H23
Revenue Processor II H23 Air Conditioning Mechanic H34
Code Compliance Admin. H34
Admin Aide II H24 Crime Scene Technician II H34
Admin Secretary H24 Building Inspector H34
Buyer H24 Electrical Inspector H34
Engineering Assistant I H24 Electrician H34
Field Inspector I H24 Elevator Inspector H34
Financial Specialist I H24 Engineering Inspector H34
Painter H24 Mechanical Inspector H34
Parking Dispatcher H24 Plumber H34
Plumbing Inspector H34
Account Clerk III H25
Admin Asst I H25 Pool Guard I H50
Communications Operator H25
Dispatcher Trainee H25 Pool Guard II H52
Parking Enforcement Spec II H25 Lifeguard I H52
Parking Meter Tech I I H25
Lifeguard II H56
Code Compliance Officer I H26
Commission Reporter I H26 Lifeguard Lt. H58
CWA-64
Exhibot#4a
C'sral Ye-ar -2-00912010
Class-fiGationlCompensation Plan
(Effertive the ist pay period ending on OGtObeF 2009)
I
I
Range - min M" Range - min
#15 Annual $43,71 M32 Annual
Hu Ann--:;I $31,087. $45,02 6a - M33 Annual $51,881.
#47 Annual $32,019. $46,374.36 - H34 Annual .
lU Annum - M35 Annual $56,114.91 $88-,"4�
� � ' ,
HU Annual - MU Annual $58,359.5t $92,200.80
#39
Annual $34;669.04 $50,674.51 - 147 Annual $60693
#
Annual $37,119.84 $53,76049 - #x54 Annual
M23 Annual - #62 Annual $40,781.79 $60,801.26
MU Annual $39,380.44 $67566.34 - W53 Annual $42,005.24 $63,2
H2-5 Aral $40,561. $69,891.88 - H-54 Annual $43,265.49 $66,762.65
#36 Anal $''"_�-'?-8.71 $62,28 &45 Annual $44,563.37 $68,393.16
H2-7 An n s al $43,032. $649779.06 - HU Annual .
#28 Annual $44,323. $67-3702 - M67 Antral $47,277.26 $734.055
#2� Annual $45,652.7-2 $70,065.03 HU Annual 50,643.54 69-1 �-
HW Annual $47,022.2-9 - HU Antral $52,669.15
143-1- Annual $484326 $75,782.34 1-169 Annual $54,775.94
CWA- 65
s
co
coo
10
10
LO
All
I I I I I I I I I I I I I
1 I I I 1 I I I I I I I I A
LO
1_0
co CD to
pi
co LO
cx
1
Q
U
I I I I I I I I I I I I I I
I I I I 1 I 1 I 1 I I I I
I I I I I I I I I I I I I I I I I I I I I I I I I I I
1 I I I I i I I I I I I I I
I 1 I I t I I I I I I 1 I
I I 1 I I I 1 I I I I I 1 1 I
I I
I
CIA C14
0
10
cl
CD CD
I
Q
3
U
I t
I I I I I I
I I I
I I I
I I I
I
C CV)
C
N
.4+ co CD LO N O) N O N M LO N 1- M
O r r N 00 co CD M M 60 W M N CD O
4) 00 a[! N Ct CD t!! O t0 M O to 1`
J N O r CD tD O r N M M O) r O
'C r 00 CO) 0) 1` CA N co r 1- '� r 1� � 1-
L. r 1� r � 00 t. A N LO f- O CD C� N W
00 00 00 O 0) 0) LO CD CD CD CD 1` 1- T- 00 00
61). 69 69 64 69 EA fA EA 64 fa 69 69 69 N 69 fA
ICE O
ti
J
m M CO) O CD O 1` O O CD 1` O 00 WO N O
O 00 M CO) M 1` Cif 00 N � M N P O 00 N r
N P- to 00 A 4 M O Cn M O 1� O N O) W
'd C 00 M 1` 0) r O) 00 O co CD O I- a) CD
� M V W) 1- r O do ti O N O o) N CD r N
r M CO 1� O N 0) O N M V A 1` 00 N
O 10 O O CO CD M le le qq qq qT le le CO Lf) +A
N 6q 44 64 fA 69 64 69 EA EA EA 69 69 69 6f3 69 69
O J P
M L. N
U) .G C C C C C C C e e C C C C C C e C
` (D 0 C C C C C C C e C C C C C e C C C
to C t� Q Q Q Q Q Q Q Q Q Q Q Q Q Q a a a
} L O
�' G C O N CO) N CD 1� O r N M W) CD 1` co Q) A
k v C M M M M M M O N O CO O O N O N t0 CD
.o .c 2 2 2 2 = 2 2 = 2 2 2 2 = 2 2
N
w
x 10
M 0) O UO co Q) 1- N A 00 r O) O M M 00 CD
� U) CD M LO LO N ti W) Iq CO 0) CD r M A CD OD
C:, V Q M N 00 00 CD N CD M CA
N N 1` CD m 1-_ O 00 `A N O) CD C!! CO
CD ti M O M CO r 1` M r O O
O LA CD 1` O O N M O ti O) r CD CA N `O 00
N D. O O O CO to w CO CD CD
` EA 69 69 69 69 69 69 69 EA EA 69 6g 6q 69 EA EA EA
N ti O O A r 00 le M O ti M N O CD LO
N O) O CD O CD 00 00 1` O O 1` Cl) O 0)
C ti 07 A 6 0; 00 O) M O r 00 N M N N N `A
N O s 00 r CO CO 00 M r M 00 co 1- CO)
N 1A N M o0
LL. A O Q) C! O) O N CO) �A 1 O M to C 00
r N N CO)
qe CD 1` 00 M O M do t` O O
_ M CO) M M M M M CO) M Re
> EA tf? ER 64 ER EA 69 69 60. 69 Ef3 bg EA
CL +�+
E v _
O ` IS RS (0 ee OZ OZ IC IC
U 7
e v C e c C c e C C c c C C C C C C c
O C C C C C C C C C C C e e c c c C
a a a a a a a a a a a a Q Q a a a
N C) A CD 1� 00 O) O r N Cl* O w ti O 0) O r
N C T- M- r V r N N N N N N N N N N M M
Rf
U �
Exhibit#3
Fiscal Year 2014/2015
Classification/Compensation Plan—Reflects 3% COLA on October 1, 2014
(Effective the 1st full pay period beginning of October 2014)
Range _ Min Max _ Range _ Min Max
H15 Annual $32,019.89 $46,374.36 _ H32 Annual $52,924.01 $83,613.38
H16 Annual $32,980.50 $47,765.59 _ H33 Annual $55,040.96 $86,957.91
H17 Annual $33,969.92 $49,198.56 _ H34 Annual $57,242.61 $90,436.22
H18 Annual $34,989.00 $50,674.53 _ H35 Annual $59,532.31 $94,053.68
- - - - - -
H19 Annual $36,038.68 $52,194.76 _ H36 Annual $61,913.61 $97,815.82
H2O Annual 137,119.84 $53,760.59 _ H37 Annual $64,390.15 $101,728.45
H21 Annual $38,233.44 $55,373.40 _ H50 Annual $40,781.79 $59,637.64
H22 Annual $39,380.44 $57,034.61 _ H51 Annual $42,005.25 $62,023.14
H23 Annual $40,561.84 $58,745.65 _ H52 Annual $43,265.40 $64,504.06
H24 Annual $41,778.71. $61,095.47 _ H53 Annual $44,563.36 $67,084.23
H25 Annual $43,032.07 $63,539.30 _ H54 Annual $45,900.26 69 767.60
H26 Annual $44,323.03 $66,080.87 _ H55 Annual $47,277.28 $72,558.30
H27 Annual $45,652.72 $68,724.10 _ H56 Annual $48,695.51 $75,460.51
H28 Annual $47,022.30 $71,473.07 _ H57 Annual $50,156.45 $78,479.07
H29 Annual $48,432.97 $74,331.99 _ H58 Annual $53,727.74 $81,618.30
H30 Annual $49,885.95 $77,305.27 _ H59 Annual $55,876.70 $84,882.95
H31 Annual 1 $51,382.53 $80,397.48 _ H60 Annual $58,111.7Z I $88,278.25
CWA-70
APPENDIX B
CWA-71
CITY OF MIAMI BEACH
BARGAINING UNIT GRIEVANCE PROCEDURE FORM
UNION GRIEVANCE M LABOR RELATIONS GRIEVANCEM
Instructions: Spaces 1-9 should be printed so that the same information appears at all steps. The lower portion is
to be completed at each step.
1. Bargaining Unit : COMMUNICATIONS WORKERS OF AMERICA(CWA) -LOCAL 3178
2. Date Grievant(s) became aware of the alleged 3. Grievant's Name(s) & Classification(s):
violation(s):
I I
4. Grievant's Department/Division & Telephone Ext. 5. Grievant's Immediate Supervisor & Telephone
( ); Ext. ( ):
6. Statement/Nature of Grievance:
7. Contract Article(s)Alleged Violated:
8. Suggested Adjustment:
9.
Grievant's Signature Date Union Representative's Signature
Date
TO BE COMPLETED, SIGNED IN BLUE INK AND PRESENTED AT EACH STEP
Received by (signature/title): Date:
Step 1 - Presented by(signature/title) Date:
STEP 1 -RESPONSE (FROM DIVISION TO PRESENTER) Grievance Denied (state why):
Grievance Resolved (state how):
(signature/title) Date: Received by (Print):
Date:
Step 2 - Presented by(signature/title) Received by (signature/title):
Date: Date:
STEP 2 -RESPONSE (FROM DEPARTMENT TO PRESENTER) Grievance Denied (state why):
Grievance Resolved (state how):
(signature/title) Date: Received by (Print):
Date:
Received by (signature/title):
Step 3- Presented by (signature/title) Date: Date:
STEP 3 - RESPONSE -Reply from City Manager's designee/Labor Relations is attached
(signature/title Date Received by Print): Date:
Received by (signature/title):
ARBITRATION REQUEST/Presented by (signature/title)
Date: Date: