Agreement with Government Supervisors Association of Fla OPEIU Local 100 AGREEMENT
Between
CITY OF MIAMI BEACH, FLORIDA
and the
GOVERNMENT SUPERVISORS ASSOCIATION
OF FLORIDA, OPEIU,LOCAL 100
Period Covered
October 1, 2012 to September 30, 2015
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TABLE OF CONTENT
Page
AGREEMENT..................................................................................................................................................................4
PREAMBLE.......................................................................................................................................................................5
ARTICLE 1: RECOGNITION
Section 1.1. Representation and Bargaining Unit....................................................................................6
Section1.2. Unit Description.....................................................................................................................6
ARTICLE 2: DEDUCTION OF ASSOCIATION DUES
Section2.1. Check-off.................................................................................................................................7
Section2.2. Indemnification.......................................................................................................................7
ARTICLE 3: MANAGEMENT RIGHTS............................................................................................................8
ARTICLE 4: PROHIBITION OF STRIKES......................................................................................................9
ARTICLE 5: ASSOCIATION REPRESENTATION AND EMPLOYEE RIGHTS
Section 5.1. Association Representation.................................................................................................10
Section5.2. Employee Rights...................................................................................................................11
ARTICLE 6: GRIEVANCE PROCEDURE
Section6.1. Purpose...................................................................................................................................13
Section6.2. Definitions.............................................................................................................................13
Section 6.3. Special Provisions.................................................................................................................14
Section 6.4. Election of Remedies...........................................................................................................16
GrievanceSteps.....................................................................................................................16
Section6.5. Arbitration.............................................................................................................................18
Section 6.6. Differences Concerning Personnel Rules.........................................................................19
ARTICLE 7: HOURS OF WORK AND OVERTIME
Section7.1. Normal Workday..................................................................................................................20
Section 7.2. Normal Workweek...............................................................................................................20
Section7.3. Rest Periods...........................................................................................................................20
Section7.4. Reporting Pay........................................................................................................................20
Section7.5. Overtime................................................................................................................................21
Section 7.6. Distribution of Overtime Opportunity.............................................................................21
Section7.7. Call Back Pay.........................................................................................................................22
Section7.8.a. Stand by Pay..........................................................................................................................22
Section7.8.b. Stand by Pay..........................................................................................................................22
Section7.9. No Pyramiding......................................................................................................................22
ARTICLE 8: WAGES AND FRINGE BENEFITS
Section8.1. Wages......................................................................................................................................23
Section8.2. Holidays.................................................................................................................................24
Section8.3. Holiday Pay............................................................................................................................24
Section 8.4. Meal Allowance.....................................................................................................................25
Section 8.5. Bereavement Leave..............................................................................................................25
Section8.6. Unpaid Leaves.......................................................................................................................26
Section8.7. Jury Duty................................................................................................................................26
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WAGES& FRINGE BENEFITS,continued...................................................................................Page
Section8.8. Uniforms................................................................................................................................26
Section8.9. Safety Shoes...........................................................................................................................27
Section8.10. Shift Differential...................................................................................................................27
Section 8.11. Rate of Pay When Working Out of Classification...........................................................28
Section8.12. Paid Leave..............................................................................................................................28
Section 8.13. Perfect Attendance Bonus...................................................................................................29
Section8.14. Part-Time Employees..........................................................................................................29
Section 8.15. Sick and Vacation Leave Accrual and Maximum Payment on Termination...............29
Section 8.16. Pay for Hazard Duty............................................................................................................29
Section 8.17. Essential Personnel (Hurricane Pay)..................................................................................30
Section 8.18. License(s) Maintenance........................................................................................................30
Section 8.19. Tool Reimbursement Program...........................................................................................30
Section 8.20. EMT Certification Pay.........................................................................................................31
Section 8.21. Skill Pay Supplement............................................................................................................31
ARTICLE 9: INSURANCE....................................................................................................................................33
ARTICLE 10: PENSION AND RETIREE HEALTH....................................................................................36
ARTICLE 11: GENERAL PROVISIONS
Section11.1. Discrimination.......................................................................................................................37
Section 11.2. Meetings Between Parties....................................................................................................37
Section11.3. Work Rules............................................................................................................................37
Section 11.4. Stress Reduction/Police Department's Public Safety Communications Unit.............37
Section 11.5. Labor/Management Committee........................................................................................38
Section11.6. Safety......................................................................................................................................38
Section 11.7. Bulletin Boards......................................................................................................................38
Section 11.8. Probationary Employees......................................................................................................39
Section 11.9. Notification in the Event of Transfer or Contracting Out............................................39
Section11.10. Seniority.................................................................................................................................40
Section 11.11. Reduction in Force...............................................................................................................40
Section11.12. Military Leave........................................................................................................................40
Section11.13. Pay Advances........................................................................................................................41
Section 11.14. Mentoring Program..............................................................................................................41
Section 11.15. Political Activities of Employees........................................................................................41
Section11.16. Promotions............................................................................................................................41
ARTICLE 12: DRUG&ALCOHOL TESTING................................................................................................42
ARTICLE13: SAVINGS............................................................................................................................................43
ARTICLE 14: ENTIRE AGREEMENT..............................................................................................................44
ARTICLE 15: TERM OF AGREEMENT...........................................................................................................45
EXECUTION ................................................................................................................................................................46
ELECTIONOF REMEDY FORM ........................................................................................................................47
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AGREEMENT
(���THIS AGREEMENT,was made and entered into on this day of 2013 by
and between the CITY OF MIAMI BEACH, FLORIDA (herein called the "City"), and the Government
Supervisors Association of Florida, (GSAF) OPEIU,Local 100, (herein called the "Association").
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PREAMBLE
WHEREAS, the Association has been selected as the sole and exclusive bargaining representative by a
majority of the employees set forth in the Recognition Article,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 Association 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
effectively 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:
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ARTICLE 1
RECOGNITION
Section 1.1. Representation and Bargaining Unit. The City recognizes the Association as the sole and
exclusive representative of all employees in the unit described below.
Section 1.2. Unit Description. All supervisory employees of the City of Miami Beach in the following
classifications,excluding all other employees employed by the City of Miami Beach.
Air Conditioning Supervisor Parking Operations Supervisor
Backflow Coordinator Plumbing Supervisor
Beach Patrol Operations Supervisor Pumping Operations Supervisor
Carpenter Supervisor Recreation Supervisor I
Central Services Supervisor Sanitation Operations Supervisor
City Surveyor Senior Building Inspector
Communications Supervisor Senior Engineering Inspector
Crime Scene Supervisor Service Supervisor
Electrician Supervisor Sewer Field Operations Supervisor
Electronics/Instruments Supervisor Street Lighting Operations Supervisor
Fleet Operations Supervisor Street Operation Supervisor
Lead Mechanic Warehouse Supervisor
Maintenance Supervisor Water Field Operations Supervisor
Metered Service Supervisor Water Meter Supervisor
Paint Supervisor 911 Communications Records Custodian
Park Operations Supervisor
The City and the Association agree that in the event the City substantially changes a job classification which
remains within the bargaining unit or combines job classifications within the bargaining unit,the City will bargain
with the Association upon their request concerning the appropriate rate of pay for the new,changed,or combined
job.
Until agreement is reached or impasse is resolved, affected employees will be paid as determined by the City.
Upon agreement as to the rate of pay for the new,changed,or combined job(s),the agreed rate shall be retroactive
to the date that the Association's request for negotiation was received by Management.
The City agrees to provide the Union with a periodically updated list of employees who have been hired,promoted
and/or transferred into positions that are within the bargaining unit.
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 included or excluded
from the bargaining unit.
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ARTICLE 2
DEDUCTION OF ASSOCIATION DUES
Section 2.1. Check-off. Upon receipt of a lawfully executed written authorization from an employee,which is
presented to the City by an official designated by the Association in writing,the City agrees during the term of this
Agreement to deduct the uniform biweekly Association dues of such employees from their pay and remit such
deductions to the Association Treasurer together with a list of the employees from whom deductions were made;
provided,however,that such authorization is revocable at the employee's will upon thirty(30)days written notice
to the City and the Association. The Association will notify the City thirty(30)days prior to any change in its dues
structure.
On January 1 of each year of this Agreement,the Association will remit to the City$100.00 as an administrative
fee for the collection of dues by e th City.
Section 2.2. Indemnification. The Association agrees to indemnify and hold the City harmless against any and
all claims,suits,orders or judgments brought or issued against the City as a result of any action taken or not taken
by the City under the provision of this Article.
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ARTICLE 3
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 Association recognizes the sole and exclusive rights, powers, and
authorities of the City further include,but are not limited to,the following: to direct and manage employees of the
City;to hire,promote,transfer,schedule,assign,and retain employees;to suspend,demote,discharge or take other
disciplinary action against employees for just cause;to relieve employees from duty because of lack of work,funds
or other legitimate reasons; to maintain the efficiency of its operations, including the right to contract and
subcontract existing and future work;to determine the duties to be included in job classifications and the numbers,
types,and grades of positions or employees assigned to an organizational unit,department,or project;to assign
overtime and to determine the amount of overtime required;to control and regulate the use of all its equipment
and property; to establish and require employees to observe all applicable rules and regulations; to conduct
performance evaluations;and,to determine internal security practices;provided,however,that the exercise of any
of the above rights shall not conflict with any of the express written provisions of this Agreement. The
Association, its officers, agents, and members agree that they will not interfere with Management in the
performance of its duties.
The City agrees that,prior to layoff of bargaining unit members,it will advise the Association.
If,in its sole discretion,the City determines that emergency conditions exist,including,but not limited to,riots,
civil disorders,hurricane conditions,or similar catastrophes,the provisions of this Agreement may be suspended
by the City Manager or his/her designee during the time of the declared emergency,provided that wage rates and
monetary fringe benefits shall not be suspended.
Should an emergency arise, the Association President shall be advised, as soon as possible,of the nature of the
emergency.
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ARTICLE 4
PROHIBITION OF STRIKES
No employee,Association officer or agent shall instigate,promote,sponsor or engage in any strike,slow down,
concerted stoppage of work or any other intentional interruption of the operation of the employer,regardless of
the reason for doing so. Any and all employees who violate any of the provisions of this Article may be discharged
or otherwise disciplined by the City. Such discharge or discipline shall not be the subject of any grievance
procedure or appeal procedure provided in the Agreement,except as to the question of fact.
In the event of a strike, slow down, concerted stoppage of work, or other intentional interruption of the
operations of the employer,regardless of reasons for doing so, the Association shall take direct and immediate
action to the fullest extent of its power to bring about a cessation of such activities.
The employees and the Association,individually and collectively, found to be in violation of this Article shall be
liable for any damages or costs which might be suffered by the City as a result of a violation of the provisions of
this Article,in accordance with law.
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ARTICLE 5
ASSOCIATION REPRESENTATION AND EMPLOYEE RIGHTS
Section 5.1. Association Representation
1) The Association may select up to four (4) employees from within the bargaining unit to act as
Representatives. The Association will make a good faith effort that each employee comes from a
different division and/or work unit. The names of Association Representatives shall be certified, in
writing, to the City Manager and/or his or her designee for Labor Relations, as well as to concerned
Department Directors. With the prior approval of concerned supervisors,the four(4)Representatives
may use union time bank hours to attend grievance meetings,pre-discipline investigation meetings,and
labor/management committee meetings without loss of pay for time spent during the Representative's
regular work schedule. No more than two (2) Representatives may use union time bank hours at the
same time. union The supervisor's approval will not be unreasonably withheld; provided, however,
Representatives will conduct their business so as to not disrupt the normal activities of City Departments.
Representatives are required to return to work and notify their supervisor immediately following or as
soon as practicable after any such meeting being attended.
2) Up to four(4)employee members of the Association's bargaining team may attend contract negotiation
sessions with the City during their assigned work hours without loss of pay. Each employee must come
from a different division and/or work unit within the employee's department.
3) The Association may designate two(2)employees to attend City Commission meetings,Personnel Board
Meetings,Pension Board Meetings or other City meetings when a matter directly relating to the Collective
Bargaining Agreement is on the Agenda of the City meeting during his/her regular work hours without
loss of pay, provided that neither Representative shall attend the same meeting as the other
Representative at the same time. Prior approval must be given by the Representative's supervisor. The
Representative is required to return to work and notify their supervisor immediately or as soon as
practicable after the particular matter relating to the Collective Bargaining Agreement has been addressed.
Any absence provided for herein shall be subject to the prior written request by the Representative at least
twenty-four hours prior to such meeting and requires the approval of the employee's supervisor. The
supervisor's approval will not be unreasonably withheld;provided,however Representatives will adhere to
the aforementioned request notification procedures.Employees shall not be paid overtime for attendance
at any meeting discussed in this Article. Approval to attend emergency meetings maybe granted verbally
and within the twenty-four(24) hour timeframe.
4) A maximum of two (2) delegates of the Association's four(4)Representatives will be granted a leave of
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absence with pay not to exceed five (5) business days per delegate (for a total of ten(10) business days)
per calendar year, for the purpose of attending State and International union conventions. The two (2)
delegates shall not be from the same division and/or work unit. Leaves of absence shall not exceed ten
(10)business days in total in any calendar year.Business days shall be defined as Monday through Friday,
excluding City recognized holidays and are not permitted to be taken in any two (2) consecutive
workweeks. All requests for leave shall be submitted to the Office of Labor Relations by the
Association's President. The Association's President shall provide supporting documentation for the
dates and locations of any such conventions a minimum of eight(8)weeks in advance for any leaves of
absence requested. The Office of Labor Relations shall forward all granted leaves of absences to the
appropriate department director and/or direct supervisor so that the department directors can make
appropriate arrangements.
5) The Association shall have the right to send one(1)of its four(4)designated Representatives authorized
with pay to attend and participate in City-wide employee orientations for new hires whose classification
is represented by the Association, provided that attendance is only permitted for the portion of the
Citywide employee orientation where Collective Bargaining Units are permitted to address the attendees.
The Representative is required to return to work immediately or as soon as practicable after the
particular matter relating to the Association has ended.
Section 5.2. Employee Rights.
1) An employee is entitled to request that a single Association Representative be permitted to attend all
formal interviews where the City's representative intends to gain information from the employee being
interviewed that may result in disciplinary action against the employee. The employee shall be informed
of the nature of the interview,the alleged conduct being investigated,and if requested by the employee,
given a reasonable period of time prior to the interview to contact an available Association
Representative,provided that the interview is not reasonably delayed.
2) No disciplinary action 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 prior to the
action. Notice in writing shall be given to the employee as soon as practicable but no more than forty-
five (45) days after the date of the alleged incident,along with a copy provided to the Association.
3) Management will adhere to progressive discipline where appropriate.
4) Written "verbal warnings" shall not be kept in an employee's personnel file maintained in Human
Resources unless it is a document supporting formal disciplinary action(i.e.suspension/termination). If
an employee receives two (2) or more written verbal warnings for a similar action and/or behavior
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during the time period being assessed for the employee's Annual Performance Evaluation,the written
verbal warning shall be used in that particular employee's Performance Evaluation.
5) No employee shall be retaliated against or threatened with retaliation by reason of the employee to
exercise their rights set forth in this Agreement.
6) The City and the Association agree not to interfere with the rights of an employee to become or not
become a member of the Association.
7) Upon reasonable request, an employee shall have the right in the presence of the appropriate
representative of the City, to review and copy all or a portion of the employee's official records which
are a part of the employee's personnel file maintained by Human Resources or the employee's personnel
file maintained by the employee's Department. The City may charge a reasonable fee for copying in
accordance with Chapter 119, Florida Statutes, but under no circumstances will the City charge the
employee for labor fees associated with the request.
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ARTICLE 6
GRIEVANCE PROCEDURE
Section 6.1. 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/her standing with the
employer. Further,it is agreed that the Association may process grievances,advise,or participate in meetings or
interviews on behalf of its members, subject to the provisions of this Agreement or as otherwise provided for
under State and/or Federal law.
No reprisals of any kind will be made by agents of the City against the grievant(s) or the Association's
Representatives by reason of such participation in the processing of their grievance. Similarly,the Association,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.
The parties agree that the grievance/arbitration process set forth in this Agreement shall be the sole and exclusive
method of resolving all grievances by bargaining unit employees. Employees covered by this Agreement shall no
longer be able to file an appeal or grievance via the City's Personnel Board procedure for any issue/matter,and the
parties agree that the Personnel Board shall not have any jurisdiction to hear any grievance or appeal filed by the
bargaining unit or any bargaining unit employee regarding discipline or any other issue or matter.
If,during the term of this Agreement,the City creates an alternative dispute resolution process,then the parties
agree to meet and discuss whether that alternative dispute resolution process may be used by the bargaining agent
and/or bargaining unit employees via a binding Election of Remedies in lieu of the contractual grievance process.
Section 6.2. Definitions.
a) Grievance - a grievance is a dispute involving the interpretation or application of the express
terms of any provision of this Agreement,excluding matters not covered by this Agreement or
where Personnel Board rules and regulations are involved. Disciplinary actions, including
discharges,may be grieved under this Article,as provided herein. Grievances regarding certain
non-disciplinary matters,such as disagreements as to the meaning or application of or changes to
Personnel Rules or other work rules or policies, may be filed by the bargaining agent via the
contractual grievance process, provided however, that such grievances shall be eligible for
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processing only to Step III of this grievance process,and that the City Manager's(or designee's)
decision at Step III shall be final and binding and shall not be subject to arbitration or any other
further appeal. Grievances regarding questions of other non-disciplinary/contract interpretation
matters shall be subject to the requirements of this grievance and arbitrator procedure.
b) Aggrieved Emploee(sl-the employee(s) filing the grievance or causing the grievance to be filed.
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)
Dqys - days as referred to as time limits herein shall mean working days (i.e.,Monday through
Friday,exclusive of scheduled holidays).
Section 6.3. Special Provisions.
a) The time limits set forth herein may only be extended and/or modified by written agreement.
The City Manager or designee may agree to a written extension of the grievance time limits,on
behalf of the City, at any step in the grievance process.
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 Association or the grievant(s) fail to initiate
or move the grievance through the grievance procedure,in accordance with the time limits set
forth herein,it shall be deemed 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) The aggrieved employee shall be allowed to be present at the various formal steps of the
grievance procedure, including arbitration. To the extent said employee is on his/her regular
work schedule,he/she may attend without loss of pay for those actual hours during their regular
work schedule.
e) The Association shall designate in writing to the City the name of one individual who shall be
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designated as the Chief Steward,whose function shall be to assist the bargaining unit members in
the processing of complaints and grievances under this procedure. In order to investigate,
discuss and process grievances,the Chief Steward must request and receive written permission
twenty-four(24)hours in advance but it may be less than twenty-four(24)hours in emergencies.
Pursuant to Section 5.1 (1) herein,the Chief Grievance Representative is required to return to
work and notify their supervisor immediately following or as soon as practicable after any such
meeting being attended for grievance matters.
f) An employee may request Association representation in accordance with the provisions of this
Agreement at each and every step of the grievance procedure set forth in this Agreement.
g) The bargaining agent,in accordance with its own lawful internal rules, shall have the sole and
exclusive right to determine whether any grievance warrants processing through this arbitration
procedure. In the event the bargaining agent determines at any step of the grievance procedure
that a grievance does not warrant processing, written notification of that determination shall be
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sent to the City Manager's designee for Labor Relations,with a copy to the employee(s)involved
who shall then be free to process it themselves or through legal counsel up through Step III only
(except in cases of certain disciplinary actions as noted herein).
h) If the bargaining agent has declined to process or further process any grievance presented to it,
and if any employee,or group of employees,desires to process it or further process their own
grievance through this procedure (subject to the limitations set forth herein), the bargaining
agent shall be sent copies of all.written communications sent by the employer or the employee(s)
involved. Further,nothing herein contained shall be construed to prevent any public employees
from representing,at any time,their own grievance in person or by legal counsel to the employer,
and having such grievance(s)adjusted without the intervention of the bargaining agent,provided
however, that the adjustment is not inconsistent with the terms of the collective bargaining
agreement then in effect;and provided further that the bargaining agent has been given notice
and a reasonable opportunity to be present at any meeting called for the resolution of such
grievances.
i) The bargaining agent shall not be responsible for any costs(including arbitration costs)attendant
to the resolution of any grievance(s) it has not processed.
j) The parties acknowledge that multiple grievances may be combined at any stage of the grievance
procedure where the class of aggrieved employees is clearly defined and the subject matter of the
grievances is the same or similar.
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k) At Step I,all formal grievances shall be presented on the Grievance Form provided by the City.
The grievance shall include the date of the alleged violation, the specific article and section
grieved;a brief description of the grievance,and the remedy requested. The Election of Remedy
Form shall be attached to the Step I grievance.
1) Verbal warnings may be grieved only through Step I of this procedure. Written warnings may
only be grieved through Step II of this procedure.
Section 6.4. Election of Remedies. It is agreed by the Association that employees covered by this Agreement
shall make an exclusive election of remedy prior to filing a Step I grievance or initiating action for redress in any
other forum(to the extent that any other such process is available).Such choice of remedy will be made in writing
on the Election of Remedy Form to be supplied by the City. The Election of Remedy Form will indicate whether
the aggrieved party or parties wish to utilize the grievance procedure contained in the Agreement or initiate action
for redress before a governmental board, agency, or court proceeding (to the extent that such other process is
available). Selection of redress other than through the grievance procedure contained herein shall preclude the
aggrieved party or parties from utilizing said grievance procedure for adjustment of said grievance. If applicable,
the Election of Remedy Form shall be attached to the Step I grievance.
GRIEVANCE STEPS:
STEP I
a) The grievance shall be filed within fifteen(15)days of the alleged violation,misinterpretation or
misapplication of the terms and conditions of employment set forth in this Agreement.
b) The grievance shall be filed with the division head in writing,on the Grievance Form as provided
by the City,and as agreed herein,and shall state the specific article,section and language alleged
to have been violated. If applicable, the Election of Remedy Form shall be pp y attached to the
grievance.
C) The division head or his/her designee shall note the date of receipt of the grievance on the
Grievance Form,and shall schedule a meeting with the aggrieved employee to take place within
ten (10) days of receipt of the grievance.
d) Within ten (10) days of the meeting, the division head shall render a decision and shall
immediately communicate that decision in writing to the aggrieved employee, the bargaining
agent, the department head and the City Manager's designee for Labor Relations.
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e) The aggrieved employee(s) and/or the bargaining agent may appeal the decision of the division
head within ten (10) days of receipt of the decision.
f) The appeal shall be submitted in writing on the Grievance Form to the department head. Failure
to appeal the decision of the division head within ten 10 days shall constitute acceptance b the
PP ( ) Y P Y
aggrieved employee(s)and the bargaining agent of the decision as being a final resolution of the
issues raised.
STET'II
a) If the aggrieved employee(s)appeals the decision,the department head shall schedule a meeting
to take place not more than ten(10)days after receipt of the appeal. The 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 ten (10) days of the meeting, the department head shall render a decision and shall
immediately communicate that decision in writing on the Grievance Form to the aggrieved
employee(s),and to the bargaining agent and the City Manager's designee for Labor Relations.
C) The aggrieved employee(s)may appeal the decision of the department head within ten(10)days
of receipt of the decision. The appeal shall be communicated in writing to the City Manager or
his/her designee for Labor Relations on the Grievance Form and shall include copies of all
pertinent documentation.Failure to appeal the decision of the department head within ten(10)
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.
STET'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 with the
aggrieved employee to take place within fifteen (15) days after receipt of the appeal.
b) Within fifteen (15) days of the meeting, the City Manager or his/her designee for Labor
Relations shall render a decision and shall immediately communicate that decision in writing to
the aggrieved employee and the bargaining agent.
C) Failure to appeal the decision rendered in Step III within fifteen (15) days (for matters that are
subject to the arbitration procedure) by notice of intent to submit to arbitration shall deem the
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decision at Step III to be final and no further appeal will be pursued.
Section 6.5. 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, provided that the grievance involves a matter that is subject to the arbitration
process. However,the parties agree that the bargaining agent maintains the exclusive right to determine whether
any grievance concerning a non-disciplinary matter(that is outside the scope of Section 6.2(a))should be taken to
arbitration under this procedure. In cases involving the issuance of certain disciplinary actions (i.e., only
suspension without pay,disciplinary demotion,or termination),the parties agree that an individual employee who
is not represented by the bargaining agent may elect to proceed to arbitration under this procedure,provided that
the employee shall be responsible for all costs and fees related to presenting his/her case.
a) Notice of intent to submit the grievance to arbitration shall be communicated by the office of
the Association President in writing to the office of the City Manager's designee for Labor
Relations within fifteen(15)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 Association President.
b) Within fourteen(14)days after written notice of submission to arbitration,the parties will agree
upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve.
If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the
specified time, a request for a list of five (5) arbitrators shall be submitted to the Federal
Mediation and Conciliation Service. Both the City and the Association shall have the right to
strike names from the panel. The striking of names from the list of proposed arbitrators shall be
accomplished by having the parties alternately cross out names on the list.
The arbitrator shall be notified of his/her selection within five(5)days by a joint letter from the
City and the Association requesting that he/she set a time and place for a meeting,subject to the
availability of the City and the Association.
C) 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 Association,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
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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.
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 the employee in cases where the bargaining agent is not representing the employee). Each
party will pay the cost of presenting its own case, including the cost of attorney fees and
witnesses.
Section 6.6. 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
through Step III of the grievance process as set forth in Section 6.2 (a). The Personnel Rules are incorporated
herein,unless otherwise specifically provided for in this agreement.
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ARTICLE 7
HOURS OF WORD AND OVERTIME
Section 7.1. Normal Workday. The normal workday shall consist of eight(8) hours of work,exclusive of the
lunch period,in a twenty-four(24)hour period,unless some other workdays are specifically authorized by the City
Manager.
Section 7.2. 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 7.3. 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 are subject to disciplinary action.
However,upon the request of an employee and with the approval of the employee's supervisor,the two(2)fifteen
(15)minute rest periods,may be combined with the employee's thirty(30)minute meal break,providing for a sixty
(60) minute meal break. Should such occur,no additional rest periods will be provided to the employee during
their regularly scheduled shift.
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.The combined sixty(60)minute meal break is provided in lieu of,not in addition to,the two(2)fifteen(15)
minute rest periods.
Section 7.4. Reporting Pay. A full-time employee who reports to work as scheduled will be guaranteed eight(8)
hours of work or eight(8)hours of pay;provided,however,that supervisors may assign employees to perform any
reasonable work.
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Section 7.5. Overtime. It is understood that the City may require necessary and reasonable overtime for unit
members. Where employees are eligible for overtime pay under the Fair Labor Standards Act (FLSA), for all
hours worked in excess of forty hours during an employee's workweek, the City will pay the employee one and
one-half(1-1/2) times the employee's straight time hourly rate of pay.
Annual leave, Holiday leave, and other paid leave shall be considered as time worked for the purpose of
computing overtime;but sick leave shall not.
Effective October 1,2013,only actual hours worked shall be considered for the purposes of computing overtime.
Paid leave, including but not limited to annual, holiday, sick, family and medical (FMLA), birthday, floater,
bereavement and administrative leave shall not be considered as time worked for the purpose of computing
overtime.This provision shall take effect provided the same terms are accepted by or imposed upon the American
Federation of State,County and Municipal Employees(AFSCME)Local No. 1554 collective bargaining unit in its
2013-2016 collective bargaining agreement.
For all hours worked on an employee's seventh consecutive workday within his/her workweek,the City shall pay
two(2)times the employee's straight time hourly rate of pay,provided the employee has worked his/her full shift
on each of the six(6)preceding workdays;provided that paid leave will not be considered as time worked for the
purpose of this Section,with the exception of the Public Safety Communication Unit(PSCU).
This provision shall not be applicable if a substantial number of employees are scheduled to work seven (7)
consecutive workdays because of an emergency such as a hurricane.
Section 7.6. Distribution of Overtime Opur ortunity. Opportunity to work overtime shall be distributed as
equally as practicable among employees in the same job classification in the same work section and area starting
with the most senior employee, provided the employees are qualified to perform the specific overtime work
required.
Seniority for the purpose of this subsection shall mean length of continuous service with the City.
Overtime opportunities shall be accumulated on adequate records(which shall be available to the employees)and
offered overtime not worked shall be considered as worked in maintaining these records.
If any qualified employee establishes that he/she has not received his/her fair share of overtime opportunities,
such employee shall have first preference to future weekly overtime work until reasonable balance is recreated.
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Employees who have been credited for overtime hours not worked shall not be discriminated against with respect
to future overtime opportunities.
Section 7.7. Call 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(4) four hours of pay. It is understood that call-in pay
shall not overlap with an employee's regularly scheduled shift.
Section 7.8. (a). Stand By Pay. Employees expressly assigned to standby status shall receive two (2) hours of
straight time as a Standby bonus for each day of that assignment. Employees will not be paid both the Standby
bonus and Call Back pay for the same day(i.e.,if called in while on Standby status the employee will be paid only
the Call Back pay). The Standby bonus is not considered hours worked for determining overtime. Standby shall
be assigned in the City's sole discretion. Employees assigned to standby must respond to any call within ten(10)
minutes and must be available to report to the work-site within thirty (30) minutes (or some other reasonable
period of time as determined based upon the circumstances). Failure to meet these requirements (as may be
modified in the City's sole discretion), or other requirements related to standby assignments that may be
determined necessary by the City,shall result in forfeiture of the Standby bonus,and possible disciplinary action,
based on the circumstances of each case.
Section 7.8.(b). Stand By Pay. Employees in Public Works—Operations,the Property Management Division
and the Fleet Management Division not expressly assigned to standby status who are contacted via telephone
outside of their normal hours of work will receive two (2) hours of straight time as a Standby bonus;provided,
however,the employee will not be paid both Standby bonus and Call Back pay for the same day(i.e.,if called in as
a result of a telephone conversation, the employee will be paid only the Call Back pay). Any such telephone
conversation must be initiated only by the Public Works Director,Property Management Director or the Fleet
Management Director or their designee.
Section 7.9 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.
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ARTICLE 8
WAGES& FRINGE BENEFITS
Section 8.1. Wages.
The City of Miami Beach classification and pay system will be utilized under this contract. This includes salary
range changes,job audits,and market classification studies. This does not include cost-of-living increases. No
change shall take place until the Union President or his/her designee concurs.
No bargaining unit member who left the City's employ prior to the date of ratification of this Agreement by both
parties will be eligible for any wages or benefits under this Agreement.
No decision made within the context of this provision shall result in a lower grade, the removal of a job
classification from the bargaining unit, nor shall said decision result in an exemption from FLSA overtime
requirements.
a) Effective the first (15C) pay period ending in October 2012 there shall be no across-the-board wage
increase for any bargaining unit positions.
b) Effective the first (1St) full pay period ending in October 2013,there shall be no across-the-board wage
increase for any bargaining unit positions.
C) Effective the first(1st) full pay period ending in October 2014,there shall be an across-the-board wage
increase of three percent(3%) for all GSAF bargaining unit positions. In addition, the minimums and
maximums of each job classification range will be increased by three percent (3%), accordingly.
Within sixty (60) days of an employee's merit review date, the employee's Department shall complete a
Performance Evaluation and forward it to Human Resources. The Evaluation shall be completed in accordance
with the policy established by Human Resources. Failure to complete a Performance Evaluation within sixty(60)
days will result in an automatic two percent(2%)salary increase. Performance Evaluation increases may total no
more than two percent (2%).
Employees who receive a score of sixty(60)above shall receive a two percent(2%)increase on their merit review
date. If an employee's merit rating score does not qualify him/her for a merit increase, the employee shall not
receive any merit salary increase; however, said employee may grieve the evaluation up to Step III under the
provisions of this Agreement.
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Section 8.2. Holidays. The following fourteen (14) days shall be considered holidays: New Year's Day,
President's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the day
following Thanksgiving, Christmas Day,Dr. Martin Luther King's Birthday, three (3) floating holidays,and the
Employee's Birthday. Employees shall become eligible for floating holidays and the Birthday Holiday upon
completing six (6) months continuous service with the City.
Section 8.3. Holiday Pay.
a) Whenever any of the holidays listed in Section 8.2. Holidays,of this Agreement fall on a Sunday
(or Monday for employees whose regular day off is Monday), the following workday shall be
observed as the official holiday;whenever any of the above listed holidays occur on a Saturday
(or Friday for employees whose regular day off is Friday), the preceding workday shall be
observed as the official holiday. In such cases,the day on which the holiday is observed shall be
considered to be the paid holiday and not the regular day.
City celebrated holidays that fall on Tuesday,Wednesday,or Thursday,and said holiday is on the
employee's regular day off, then the employee shall receive a day's pay for said holiday,if they
meet all of the qualifications contained herein.
b) To be eligible for a paid holiday,an employee must report for scheduled work on the holiday if
applicable,on the last scheduled day preceding the holiday and the first scheduled day following
the holiday unless such absences are excused. To qualify for Holiday Pay,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;
5) bereavement.
C) Whenever an observed holiday occurs on an employee's scheduled day off and the employee
does not work thereon, the employee shall receive for his/her normal workday a straight time
hourly rate of pay for the holiday.
d) For work on a holiday falling on a non-job basis employee's regularly scheduled work day,
he/she shall receive holiday pay for the holiday and time and one half for the hours worked.
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e) Should a non-job basis employee be required to work on a holiday falling on his/her day off,
he/she shall receive holiday pay for the holiday and shall receive pay at double time and one half
rate for the hours worked.
f) Failure to report for work on,before,after,or during the holiday after having been scheduled to
work on such holiday shall be just cause for denial of holiday pay.
g) A holiday which is observed during an employee's regularly scheduled workweek shall be
considered as time worked for the purpose of computing overtime for non-job basis employees.
Effective October 1,2013,only actual hours worked shall be considered for the purposes of computing overtime.
Paid leave, including but not limited to annual, holiday, sick, family and medical (FMLA), birthday, floater,
bereavement and administrative leave shall not be considered as time worked for the purpose of computing
overtime.This provision shall take effect provided the same terms are accepted by or imposed upon the American
Federation of State,County and Municipal Employees(AFSCME)Local No. 1554 collective bargaining unit in its
2013-2016 collective bargaining agreement.
Section 8.4. Meal Allowance. An employee who works three(3)or more hours of overtime that is contiguous
with his/her shift shall be paid a seven dollars ($7.00) meal allowance.
In the event of emergency conditions or if employees are supplied with a meal while working the overtime hours,
the meal allowance,as provided under this Section, shall cease.
Section 8.5. Bereavement Leave. In case of death in the immediate family of an employee, time off with
straight-time pay will be allowed for up to two(2)scheduled workdays per death. An additional three(3)days may
be granted, for a maximum of five (5) days off,if approved by the Department Head. The three (3) additional
days off may be charged to the employee's accrued sick or vacation time, and shall not be counted against the
employee for the purposes of performance evaluations ratings.
The immediate family shall be defined as father,mother,husband,wife,sister,brother,son,daughter,grandchild,
grandfather, grandmother, mother-in-law, father-in-law, stepfather, stepmother, stepson or stepdaughter, or
domestic partner (as defined in the Domestic Partner Leave Ordinance).
In the case of a death of a member of the employee's family not herein specified but who lived with the employee's
family at the time of his/her death,consideration will be given to the employee's request to use accrued annual
leave or floating holidays to attend the funeral.
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Upon request,an employee may be required to provide verification of his/her relationship to the deceased and of
the death.
Section 8.6. Unpaid Leaves. Leave of absence without pay may be granted in accordance with the City of
Miami Beach Personnel Rules.
Section 8.7.Jury Duty. The City of Miami Beach shall permit employees either to keep payments received from
Courts of competent jurisdiction for being on jury 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 service.Employees are expected to return to work upon being released from jury
duty during the work shift. However,if three(3)hours or less are left in the employee's work shift at the time that
the employee is released from jury duty,the employee shall immediately contact his/her immediate supervisor for
instructions as to whether he/she should return to work for the remainder of that shift.
Section 8.8. Uniforms. For the term of this Agreement,the City will provide uniforms (i.e.,a full uniform set
shall include a long or short sleeve shirt and long or short pants)to bargaining unit employees who are required to
wear them. Employees will be issued 5 sets of new uniforms (4 sets if the employee works a 4 day work week)in
April of each year. New employees will be issued five (5) sets (or four (4) sets depending on the employees
schedule) of uniforms upon entry into the bargaining unit. If an employee has been employed in the bargaining
unit position for six(6)months or less when additional new uniforms are issued in April,then the additional new
uniforms will not be issued to the employee at that time,but the employee will be issued a complete set of new
uniforms in the following April. The composition of the uniform shall be determined by the Department Director
after consultation with the Association. The uniforms issued shall be chosen based on considerations of employee
safety and comfort,as well as cost. Issued uniform items(i.e.,a shirt or pants)will be replaced on a timely basis by
the Department upon the employee's presentation of worn or damaged uniform items provided, however,
employees shall receive no more than two (2) additional replacement uniforms items (up to 2 shirts and/or 2
pants) each year. Each Department shall provide necessary safety/foul weather gear,as appropriate.
The Beach Patrol Operations Supervisor shall be provided with one (1) sweat suit per year.
All GSAF Employees will receive one (1) uniform jacket during year three (3) of the term of this contract.
The vendors will deliver the uniforms in the month of April of each year for the term of this Agreement.
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Section 8.9. Safety Shoes. Employees in the following job classifications will be required to wear safety shoes
during all working hours. A safety shoe certificate will be provided to those employees in the following job
classifications for the purchase of safety shoes meeting ANSIZ41 Federal Safety Standards.
When due to extreme wear and tear or accidental destruction,a replacement pair of safety shoes is required,the
City will grant an additional shoe certificate for the purchase of a replacement pair of safety shoes when the
destroyed or irreparable pair of safety shoes is turned in to the Department.The Department Director,or his/her
designee, shall issue the certificate for the replacement pair of safety shoes on the basis of need and not on an
automatic basis. Further the replacement of worn heels and/or soles on the safety shoes shall be the responsibility
of the employee and not the City.
Those employees in the following classifications will make his/her safety shoe selection from a predetermined list
of safety shoes, which will be developed by an Association/Management Committee comprised of two (2)
Association representatives and three (3) Management representatives.
Air Conditioning Supervisor Pumping Operations Supervisor
City Surveyor Senior Building Inspector
Electrician Supervisor Senior Engineering Inspector
Electronics/Instruments Supervisor Sewer Field Operations Supervisor
Fleet Operations Supervisor Street Lighting Operations Supervisor
Maintenance Supervisor Street Operation Supervisor
Metered Service Supervisor Warehouse Supervisor
Parking Operations Supervisor Water Field Operations Supervisor
Park Operations Supervisor Water Meter Supervisor
Paint Supervisor
Plumbing Supervisor
It is the City's intent that the safety shoes selected and approved by the Safety Shoe Committee shall not be
significantly inferior in quality to the safety shoes currently being offered to employees. Employees receiving the
safety shoe certificate will be required to purchase and wear the safety shoes during all working hours,and will be
subject to up to the loss of a day's pay for each day that the employee reports to work and fails to wear the
required safety shoes. Action taken against the employee under this Section shall not be appealable to the
Personnel Board or gnevable under this Agreement.
Section 8.10. Shift Differential.Where a majority of an employee's regularly assigned shift hours fall between
3:00 p.m.and 11:00 p.m.,the employee shall receive a shift differential of forty five cents($45)per hour for work
performed after 3:00 p.m.
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Where a majority of an employee's regularly assigned shift hours fall between 11:00 p.m. and 6:30 a.m.; the
employee shall receive a shift differential of fifty-five cents ($.55)per hour for work performed after 11:00 p.m.
Section 8.11.Rate of Pay When Worldng 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 two(2)hours per
day, and they shall not exceed 580 hours in a 12-month period, and shall be paid as follows, except at the sole
discretion of the Human Resources Director,he/she may waive the 580 hour cap if in his/her judgment,it will
best serve the needs of the City service:
a) If he/she is temporarily working in a lower classification, he/she shall receive his/her hourly rate in
his/her regular classification. Employees will not be assigned to lower classification work as punishment
or to demean the employee.
b) If he/she is temporarily working for two(2) 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 8.12.Paid Leave. Full-time bargaining unit employees shall earn and be paid for sick leave and vacation
leave in accordance with Ordinance No. 1335 provided,however that:
A medical certificate,signed by a licensed physician,shall be required to substantiate a request for sick leave when:
a) a supervisor suspects abuse of sick leave because of a developing pattern(e.g.,frequent sick leave
usage of less than one shift in a continuing twelve (12) month period,employee denied annual
leave and subsequently claims illness, etc.). The Supervisor shall inform the employee that a
doctor's excuse will be required in order to "approve" any further use of sick leave. Such
requirement shall be reviewed by the Human Resources Department at the end of six(6)months
to determine if it is necessary that it continue;or
b) the illness occurred while the employee was on vacation leave and a request is made to credit sick
leave instead of vacation;or
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C) an employee has been absent from work for more than five (5) consecutive workdays.
d) the sick leave is during an emergency, such as a hurricane.
The grant of emergency leave as provided for in the City's Work Rules may be denied,if an employee does not
provide evidence satisfactory to his/her supervisor that the cause of the absence was an emergency.
Section 8.13. Perfect Attendance Bonus. Full-time employees who perform the full scope of their regularly
assigned classification for the full term of each Fiscal Year covered by this Agreement (i.e., 2012/2013;
2013/2014; 2014/2015), shall receive a lump sum bonus of three hundred dollars ($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
forty-eight (48) hours in advance. An employee will also be allowed two (2) incidents of tardiness and one (1)
emergency vacation. This bonus shall be paid in December of each year of the contract.
Section 8.14. Part-Time Employees. Notwithstanding any other provision in this Agreement,bargaining unit
employees who work part-time schedules shall earn fifty percent(50%)of sick and vacation leave credits earned by
full-time employees. Pay for absences due to illness or vacation shall be for approved hours absent from
scheduled assignments.
Payoffs for sick and vacation balances at separation,bereavement leave,and holiday pay shall also be provided at
the rate of fifty percent (50%) of that afforded to full-time employees.
Section 8.15. Sick and Vacation Leave Accrual and Maximum Payment on Termination.All employees
covered by the agreement and hired after October 1,1978 shall,under applicable ordinances,rules and regulations:
be allowed to accumulate no more than 500 hours of vacation leave except in accordance with provision for
postponement of vacation leave;be permitted to transfer sick leave in excess of 360 hours to vacation leave at the
rate of two(2) days of sick leave to one(1)day vacation leave to be used in the pay period year when transferred,
be permitted a maximum payment time at termination,death,or retirement of 620 hours vacation leave and one-
half of sick leave to a maximum of 600 hours.
Section 8.16.Pay for Hazard Duty. Employees working hazard duty will be paid$1.00 an hour for time actually
spent in these activities. Hazard duty applies to the following activities:
A) Spraying hazardous chemicals(Hazardous materials shall be identified in the Material Safety Data Sheet
(MSDS) and/or Product Safety Data Sheet(PSDS)).
B) Diving with scuba gear
C) Working in trenches five (5) feet in depth or greater
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D) Working in raw sewage
E) Working forty (40) feet or higher on aerial lift operations.
Section 8.17. 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.
Section 8.18. License(s) Maintenance. Three (3) positions in Property Management (Air Conditioning
Supervisor,Electrician Supervisor,and Plumbing Supervisor) and one (1) position in Public Works (Electrician
Supervisor)will receive a supplement of three hundred dollars($300)biweekly for using their license as a qualifier.
The supplement will start when the employee's license is approved by the Licensing Board. The supplement will
continue until either party requests a change of status to remove the qualifier or if the license expires. The City
will fill out the appropriate forms in a timely fashion and send a copy of the completed form to GSAF. As one of
the conditions and responsibilities related to the receipt of this supplement, the employee must make every
reasonable effort to be available for telephone calls while off duty.
The following is only applicable for the four(4) employees referenced above who use their license as a qualifier:
If the employee is contacted via telephone outside of their normal hours of work,they shall receive one(1)hour of
straight time pay as a bonus. Any such telephone conversation must be initiated only by the Property Management
Director or their designee. Those employees receiving a biweekly supplement for using their license as a qualifier
shall be exempt from Section 7.6(b),Standby Pay,of this Agreement.
The Supplement is not part of base salary. Therefore, the supplement can go above the maximum of the pay
range. The supplement is pensionable. The supplement will be reviewed on an annual basis to determine if the
supplement should be increased according to market conditions.
In the event that the City determines that any additional licensee(s)may be used as a primary qualifier under terms
that are acceptable to the City,and the City decides to use any additional licensee,then the employee/licensee will
be paid the qualification payment under the terms set forth above.
Section 8.19. Tool Reimbursement. The City will continue a Tool Reimbursement benefit through which
bargaining unit employees in the job classifications of Air Conditioning Supervisor,Electrician Supervisor,and
Plumbing Supervisor may be reimbursed for an employee's tool that is damaged or broken while being used at
work,provided however, that the damage must not be the result of the employee's negligence. The maximum
amount payable in any fiscal year for tool reimbursement per employee is$400. To be eligible for reimbursement,
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the employee must provide to the Department or Division Director, the broken/damaged tool(which the City
may keep)and a report describing the circumstances regarding where,when and how tool was broken/damaged,
and the receipt for the replacement tool purchased which must be of like quality and value. The tool must not be
otherwise repairable or replaceable through a manufacturer's warranty. Denial of a request for reimbursement is
not grievable.
Bargaining unit employees in the above noted positions,who have been paid a Tool Allowance benefit before
October of 1998,will remain eligible for only such Tool Allowance. Bargaining unit employees in the above noted
positions who were hired after October of 1998 and/or who were not receiving a Tool Allowance will be eligible
for the Tool Reimbursement. However, no employee will be eligible for both a Tool Allowance and Tool
Reimbursement benefits.
Section 8.20. EMT Certification Pay. Beach Patrol Operations Supervisors who obtain and maintain the
Emergency Medical Technician (EMT) certificate given by the State of Florida shall receive a five percent(5%)
pay increase.
Section 8.21. Skill Pay Supple
Fleet Management Department:Automobile Technicians/Medium/Heavy Truck Technicians
a 3 to 5 Certifications $50.00/month
a6 to 7 Certifications $90.00/month
a"Master"Auto Technician $150.00/month
a"Master"Auto Technician with EVT $200.00/month
Automotive Parts Specialist (3 of 3 Certifications) $50.00/month*
Automotive Service Consultant $50.00/month*
a Supplement amounts are not cumulative
*Can only be taken as an addition to"Master"Auto Technician or"Master"Auto Technician
with EVT
Fire Department
Level 1 Fire/Ambulance $50.00/month
Level 2 Fire/Ambulance $90.00/month
EVT Master Fire/Ambulance $150.00/month
Note:The maximum Skill Pay Supplement Benefit would be$300.00/month
Note: Other Certifications as approved by the Department Head
Skill pay supplement requires employee to hold the classification of.Lead Mechanic or Fleet Operation Supervisor
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Employee cannot receive skill pay if not on regular work status (i.e. Cannot receive skill pay if on a light duty
assignment)
Employees must notify the department staff when he/she does not maintain the required certification level. Failure to
do so may result in discipline,and any supplement pay received while not certified shall be refunded to the City.
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ARTICLE 9
INSURANCE
The City shall offer group health care coverage including medical, dental, and life insurance plans to full-time
bargaining unit employees and their legal dependents during the term of this Agreement. The City will continue to
pay at least fifty percent (50 9/6) of the premium cost for eligible employees. The City will continue to offer
alternative plans as options for employees. The City may change insurance carriers and/or the scope and level of
benefits in any plan. The City also may change the percentage of premium cost paid by the City(i.e.,provided that
it remains at least 50%) from year to year for any one or more of the optional plans available,depending upon the
scope and level of benefits available in each of the optional plans.
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. A bargaining unit employee may serve on this Board/committee for as long as bargaining unit
employees participate,exclusively,in the City's group health insurance plan.
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ARTICLE 10
PENSION AND RETIREE HEALTH
A) The Miami Beach Employees' Retirement Plan (MBERP) is the pension plan for bargaining unit
members,except for those employees who previously elected to remain in the 401-A retirement program
(in lieu of participating in the City's pension plan). The current benefits and member contributions
provided by the MBERP shall remain in effect for the term of this Agreement,except as follows:
Effective July 18,2010,for employees hired prior to August 1,1993,who participate in the MBERP,
the employee pension contribution shall increase by 2%of earnings,from 10%to 12%of earnings;
Effective July 18, 2010, for employees hired on or after August 1, 1993, who participate in the
MBERP, the employee pension contribution shall increase by 2%of earnings, from 8%to 10%of
earnings. The additional two percent (2%) employee pension contributions described herein shall
cease upon such additional pension contributions not being accepted by or imposed upon the
American Federation of State, County and Municipal Employees (AFSCME) Local No. 1554
collective bargaining unit in its 2013-2016 collective bargaining agreement. In such an event, the
cessation of the additional pension contributions for employees covered under the GSAF bargaining
unit shall take effect upon ratification of the 2013-2016 collective bargaining agreement between the
City and the American Federation of State,County and Municipal Employees(AFSCME)Local No.
1554. There shall be no retroactive compensation awarded for the purposes of this section.
1. Final Average Monthly Earnings(FAME)
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 of July 14,2010,as defined by Ordinance 2006-
3504,as amended,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 a normal retirement age as of July 14, 2010, as defined by Ordinance 2006-3504, as
amended, 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 of July 14, 2010, as defined by Ordinance 2006-3504, as
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amended, 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 of July 14,2010,as defined by Ordinance 2006-3504,as amended,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.
2. Employees shall be eligible to enter the Deferred Retirement Option Plan(DROP)at the normal
retirement age specified in the pertinent pension ordinance,and may participate in the DROP for
a maximum of thirty-six(36)months for employees hired prior to July 14,2010,and sixty(60)
months for employees hired on or after July 14, 2010. Subject to actuarial verification that
extending the DROP period for employees hired prior to July 14, 2010 does not result in an
increased cost to the City,effective upon ratification of this collective bargaining agreement,all
current and future employees participating in the DROP shall be entitled to participate in the
DROP 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 thirty (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 sixty (60)
months in total.
Notwithstanding 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.
3. Effective September 30, 2013, the option to purchase up to two (2) years of prior creditable
service shall be eliminated for all employees covered by the GSAF bargaining unit.
4. Employees Hired on or after July 14,2010.
The current benefits and member contributions provided by the MBERP shall remain in effect
for employees hired on or after July 14,2010,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.
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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 9/6)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 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.
B) Effective September 6,2006,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.
C) 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.
D) Employees hired on or after September 6,2006,will be entitled to a City contribution against the cost of
continued health insurance coverage in the City's health insurance plan after retirement(or separation)
from City employment,as set forth in this section. Any employee hired on or after September 6,2006,
who then remains employed until reaching eligibility for normal retirement,and who elects to continue
insurance coverage under the City's health plan, shall upon receipt of normal retirement benefits also
receive an additional separate supplemental monthly stipend payment in the initial amount of$10.00 per
year of credited service, up to a maximum of$250.00 per month until age 65, and $5.00 per year of
credited service up to a maximum of $125.00 per month thereafter. There shall be no other City
contribution toward the cost of continued health insurance coverage for such employees and this benefit
shall be paid only during the life of the retiree.
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ARTICLE 11
GENERAL PROVISIONS
Section 11.1. Discrimination. In accordance with applicable federal, state and local laws, the City and the
Association agree not to discriminate against any employee on the basis of an individual's race, sex, condition
related to sex(pregnancy)color,religion,national origin,age(40 and over),disability,marital status,familial status,
citizenship, intending citizenship status, sexual orientation, political party affiliation- and/or Association
membership.
Section 11.2. Meetings Between Parties. At the reasonable request of either party,the Association President;
or his/her Representative; and the City Manager or his/her designee for Labor Relations, shall meet at least
quarterly at a mutually agreed time and place to discuss matters of concern. Whenever time permits, the party
requesting the meeting shall submit written notice of the subject matter to be discussed. Such notice shall be
submitted one week in advance of the proposed meeting date. Whenever the Association 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 11.3. Work Rules. The City will provide the Association with a copy of any written rules that are
instituted or modified during the term of this Agreement affecting employees in the bargaining unit. In the event
the City desires to alter,amend,or modify existing written work rules,or promulgate new written work rules,the
proposed changes will be submitted for review to a joint labor/management committee. The City shall have two
(2) representatives and the Association 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 whose decision is not grievable.
Section 11.4. Stress Reduction/Police Department's Public Safety Communications Unit. Those
employees covered by this Agreement who work in the Miami Beach Police Department's Public Safety
Communications Unit(PSCU),will be given a stress reduction training program provided by the City. Such stress
training will be a one-day stress seminar as given to sworn officers. Should an employee and/or management
supervisor believe that an employee might benefit by being referred to the City's Employee Assistance Program
(EAP),then the employee will be referred consistent with current policies. If an employee needs help beyond that
offered by the EAP, then the EAP may require appropriate referrals for outside professional assistance.
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Section 11.5. Labor/Management Committee. In order to strengthen the parties' labor/management
relations,the Association agrees to participate with the City in labor-management committees to address the issues
in Departments. Such committees may be requested by the Association or by the City(through the City Manager,
Department Directors,or designees) to meet at mutually accepted times.
Section 11.6. Safety. The City agrees to provide,at no cost to the employee,any appropriate safety equipment
required to be worn or otherwise utilized by the employee. This shall include such items as hard hats,gloves,etc.
Those employees issued such equipment will be responsible for such safety equipment,and any loss or damage
due to the neglect of the employee may require the employee to pay for the replacement of said City-issued
equipment.
a) The City agrees to provide,upon request,up-to-date,non-glare screens for computer terminals.
b) The City shall evaluate and provide,upon request,a wrist rest,which will help alleviate the stress
upon the hands and arms of those employees performing repetitive motion,to all persons who
use computers for more than 50%of their workday.
C) The City will provide appropriate self-defense training to all Parking Enforcement employees.
d) The Association 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.
e) If there is a central,Citywide Safety Committee,the Association's President,or his/her designee,
may be a member if he/she so requests.
Section 11.7. Bulletin Boards. The Association 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 Association Meetings.
b) Notices of Association Elections.
C) Reports of Association Committees.
d) Recreational and Social Affairs of the Association.
e) Any material of informational nature related to Government Supervisors Association of
Florida/OPEIU.
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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 11.8. Probationary Employees. A probationary employee who is dismissed without cause shall have
the right to discuss with the appointing officer the reasons for such dismissal at a mutually agreed to time.
Following such meeting,a probationary employee,if he/she so desires,shall have the right to further review the
reasons for such dismissal with the City Manager or his/her designated representative at a mutually agreed to time.
It is expressly understood,however,that the appointing officer retains the exclusive discretion with respect to the
retention or dismissal of probationary employees.
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 Managers 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 11.9. 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's designee for Human Resources.
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If there are no jobs available, the reduction in force provision contained in the Personnel Rules shall apply,
provided that such laid-off employee shall be recalled to work before the City hires new permanent employees 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 Association's right to bargain concerning the identified
impact or effects of subcontracting out or transferring upon Bargaining Unit members.
Section 11.10. Seniority.
1) When vacations are scheduled, permanent vacancies or shifts are filled, or promotions are made to a
position within the bargaining unit, seniority shall apply when all other factors are equal. For these
purposes,seniority shall be measured by the length of time in the affected classification of the Bargaining
Unit except:
• For those members promoted on the same date, seniority will be determined by date of
employment;and
• For those members whose promotion date and date of employment are the same,seniority shall
be determined by the higher score on the eligibility list.
• For those members whose promotion date,date of employment and eligibility list scores are the
same, seniority shall be determined by total service/longevity hours to date with the City.
2) Seniority will not apply in an emergency.
Section 11.11. Reduction in Force. When there is a reduction in the bargaining unit workforce,employees will
be subject to the layoff procedure set forth in the City's Personnel Rules.
Section 11.12. Military Leave. Federal and State law concerning military leave govern the City and all employees
represented by this Agreement shall receive the benefits of such laws.
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Section 11.13. Pay Advances. An employee in this unit may request his/her pay check in advance of any
scheduled annual leave by submitting a written request to the Human Resources Director at least one (1) pay
period prior to leaving on annual leave. However,the written request does not guarantee that the City will be able
to provide the employee with a pay check in advance of any scheduled pay day. Approval for an advanced pay
check will not be unreasonably withheld.
Section 11.14. Mentoring Program. Bargaining unit employees may request to participate in the City's
Mentoring Program, as set forth in the Human Resources'Department policies and procedures,which may be
changed from time to time or discontinued at the City Manager's discretion.Denial or disapproval of a request for
participation in this Program shall not be grievable.
Section 11.15. Political Activities of Employees. Except as provided by Federal,State,County laws and/or
City of Miami Beach laws, ordinances or rules including Personnel Rule I(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;or
b) Controlling,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 or with City equipment and/or City resources.
Section 11.16. Promotions. The term promotion as used in this Agreement means the advancement of an
employee to a higher paying classification. Whenever a bargaining unit job opening occurs in any existing job
classification or as a result of the development or establishment of a new classification,a notice shall be posted for
no less than two (2)weeks.
Eligible and qualified employees who wish to apply for the open bargaining unit position may do so in writing and
submit the application to Human Resources. If there is more than one (1) employee qualified for promotion to
the bargaining unit job classification that have equal skill, ability and qualifications (factors to be considered
include but are not limited to skill,ability,qualifications,interview score,disciplinary history,attendance history
and performance evaluation scores) then seniority with the City shall apply. Seniority for the purpose of this
subsection shall mean length of continuous service with the City.
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ARTICLE 12
DRUG AND ALCOHOL TESTING
The City and the Association recognize that employee substance and alcohol abuse has an adverse impact on City
government, the image of City employees, the general health,welfare,and safety of employees,and the general
public at large. Both random and reasonable suspicion drug and alcohol testing shall be pursuant to the
Memorandum of Understanding reached between the parties and incorporated herein by reference.
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AR'T'ICLE 13
SAVINGS
If any provisions of this Agreement are subsequently declared by the proper legislative or judicial authority to be
unlawful or unenforceable, 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.
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ARTICLE 14
ENTIRE AGREEMENT
The Association 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 Association waives the right,during
the term of this Agreement,to bargain collectively with respect to any subject or matter referred to or covered in
this Agreement,and it particularly waives the right to bargain over the City's exercise of any of its Management's
rights set forth in the Management Rights Article of this Agreement, (i.e., changing work hour schedule,
transferring employees,laying off employees,etc.,except as otherwise provided herein).
The parties intend that this Agreement shall constitute the sole source of their rights and obligations from and to
each other for its term either by specific provision or by silence. If the Agreement does not prevent it,the City
may take any action (or fail to take any action) it desires and shall have no obligation to bargain with the
Association concerning the taking,or not,of the action;but may take unilateral action at the time it desires. The
Association does not waive,and shall retain its right,to bargain with the City over the impact of any action taken
by the City not set forth in this Agreement, but such impact bargaining shall not serve to delay Management's
action until agreement or impasse is resolved concerning the impact at issue.
This Agreement may be amended by mutual agreement of the parties but any amendments must be in writing and
signed by duly authorized Representatives of the parties before it will be effective.
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ARTICLE 15
TERM OF AGREEMENT & REOPENER
This Agreement shall become effective upon City Commission approval and shall remain in effect until the 30th
day of September 2015. Written notification,by either party,shall be required within no less than one hundred
twenty (120) days prior to the expiration date of this Agreement indicating their desire to renegotiate the
provisions of this Agreement. Negotiations shall begin no later than ninety(90)days prior to the expiration of the
Agreement.
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Executed by the parties hereto on the 029 day of 32013.
GOVERNMENT SUPERVISORS ASSOCIATION CITY OF MIAMI BEACH,FLORIDA
OF FLORIDA, OPEIU,LOCAL 100
By: Avl By:
Gre lackman J L. Mora es
GSAF President City anager
Donald D. Slesnick
GSAF Chief Negotiator
C"'Oe�JTohnGresham
GSAF Chief M rship Representative
Approved b vote of the City Commission, r' �� ,2013.
PP Y �'
Ma ti Herrera Bower
Mayor
ATTEST:
Rafael E. Granado
City Clerk
`` .
• 3 !
INCORP
ORATED:
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f
GOVERNMENT SUPERVISORS ASSOCIATION
OF FLORIDA, OPEIU, LOCAL 100
ELECTION OF REMEDY FORM
Grievance No.
This form must be completed and signed at the first step of the grievance procedure.
Employee must elect, sign, and elate only one of the two following choices:
1. I/We elect to utilize the Grievance Procedure contained in the current Agreement
between the City of Miami Beach,Florida,and Government Supervisors Association
of Florida,OPEIU,Local 100. I understand that this choice precludes my utilization
of Option Number 2.
Employee Signature Date
2. I/We elect to utilize another forum for my/our grievance, and in doing so, I/we
permanently waive my/our contractual right to the Grievance Procedure contained in
the current labor Agreement between the City of Miami Beach and Government
Supervisors Association of Florida,OPEIU,Local 100. Any resolution of a grievance
from another forum cannot be inconsistent with the terms of the collective bargaining
agreement that is in effect.
Employee Signature Date
RI/cg
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10.doc
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