2014-28571 Reso I
RESOLUTION NO. 2014-28571
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, RATIFYING A THREE (3) YEAR LABOR
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES LOCAL 1554 (AFSCME), FOR THE PERIOD FROM MAY 11
2013, THROUGH APRIL 30, 2016; AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE AGREEMENT.
WHEREAS, the City Manager is hereby submitting to the Mayor and City Commission
the labor agreement, negotiated between the City and the American Federation of State, County
and Municipal Employees Local 1554 (AFSCME); and
WHEREAS, the previous labor agreement was for a three year period from May 1, 2010
through April 30, 2013; and
WHEREAS, on April 30, 2013 the collective bargaining agreement between the parties
expired; and
WHEREAS, the AFSCME bargaining unit employees have scheduled the ratification
vote on April 21, 2014; and
WHEREAS, the outcome of the ratification vote will not be available in time, the results
will be provided to the City Commission under separate;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approve and authorize the Administration
to ratify the three (3) year Agreement with AFSCME, attached as Exhibit A, for the time period
covering May 1, 2013 through April 30, 2016, and contingent on the ratification by the AFSCME
bargaining unit.
PASSED AND ADOPTED THIS DAY OF 2014.
ATTEST:
RAFAEL GRANAD :.I�1CQr Q�r�,l•r-)P1►11L1P L E�
CITY CLERK :11Jh4
AFr VED AS TO
T:\AGENDA\2013\July 17\CWA\CWA dj015 Labor Agreement Reso.docx ' FOR EXECUTION
E 4 4 C., - V/, 1
.4p" Dais'
Condensed Title: COMMISSION ITEM SUMMARY
A Resolution of the Mayor And City Commission of the City of Miami Beach,Florida,Ratifying a Three-year Labor Agreement Between the City
of Miami Beach and the American Federation of State,County and Municipal Employees,(AFSCME)Local 1554,for the period beginning May
1,2013 through April 30,2016, and authorizing the Mayor and City Clerk to execute the Agreement.
Key Intended Outcome Supported:
Attract and maintain a workforce of excellence;control costs of payroll including salary and fringes;ensure expenditure trends are sustainable
over the long term.
Item Summa /Recommendation:
After ten negotiation sessions,the City and the AFSCME bargaining unit reached a tentative three year labor agreement covering the period of
May 1, 2013 through April 30, 2016. A major concession attained is the implementation of the Fair Labor Standards Act (FLSA) for the
computation of overtime.Effective upon ratification of the agreement,only hours actually worked shall count for purposes of computing overtime
compensation;pay for hours worked on a holiday shall be reduced and also subject to FLSA.The estimated savings to the City for the duration
of the contract is($426,881).Retroactive to April 1,2014,there will be a two percent COLA for all bargaining unit members,including adjusting
the minimum and maximum of the salary ranges by two percent.The estimated cost to the City is approximately$251,000 per year and$522,917
for the duration of the contract. Effective upon ratification of the agreement,the Condrey and Associates Classification&Compensation Study,
as amended in 2013 and subsequently adjusted,will be adopted for all AFCSME bargaining unit classifications.Given that there are employees
that need to be brought up to the new minimum of the range for their classification,the estimated cost to the City for the duration of the contract
is$461,374. Effective April 1,2015,there will be a one percent COLA for all bargaining unit members, including adjusting the minimum and
maximum of the salary ranges by one percent.The estimated cost to the City for the duration of the contract is$138,667.Also negotiated were
increases to skill pay, tool allowances and the inclusion of several classifications to receive shoes; for these concessions the combined
estimated cost to the City for the duration of the contract is$32,120.
The parties also agreed on pension plan changes applicable to current and future bargaining unit members.Effective upon ratification,ma)amum
participation in the DROP will increase from three years to five years for bargaining unit members hired priorto September 30,2010. Employees
currently participating in the three year DROP will be able to enter into the five year DROP.The extension of the DROP will result in a reduclio
of($125,000)to the City's annual required contribution toward MBERP commencing in FY 2014/15.The total anticipated savings during the term
of the contract is($250,000).However,the pension savings is offset by an estimated salary cost of$96,576 during the term of the contract.The
ability to purchase up to two years of prior creditable service will be eliminated effective one year from the date of ratification of the agreement;
the estimated impact from this change is($28,579)during the term of the contract. This provision has already been eliminated for employees in
the CWA, GSAF, unclassified and "others" salary groups. In addition to the aforementioned pension changes, the additional 2% pension
contribution has been reinstated for AFSCME bargaining unit members, effective upon ratification of the agreement. The estimated cost
avoidance attributable to this concession is($541,500)during the term of the contract.
Employees shall be eligible to continue receiving up to a two percent merit increase;this is considered status quo and therefore has no additional
budget impact. Upon ratification of the agreement, all employees in classifications covered by AFSCME will participate in the random and
reasonable suspicion drug and alcohol testing program;this item has no significant budget impact.
The terms and conditions of the proposed three year labor agreement between the City and AFSCME include a total estimated cost impact to the
City of$6,255 for FY 2012/13;$7,054 for FY 2013/14; ($35,076)for FY 2014/15;and$26,461 for FY 2015/16. The total estimated three year
impact is$4,694.
The Administration recommends adopting the resolution to ratify the three year labor agreement with the AFSCME bargaining unit for the time
period covering May 1, 2013 through April 30, 2016. The agreed upon terms and conditions will result in long-term pension savings and in
creating parity among employees covered by the AFSCME bargaining unit and other general employees.The two percent and one percent
COLAs negotiated with AFSCME are comparable to the three percent COLA negotiated with the four other collective bargaining units,as well as
the October 2014 three percent COLA approved for unclassified and"others."
Financial Information:
Amount Account
Source of Funds: FY 2012/13
$6,255 Retroactive increase to the tool allowance and skill pay supplement
2% COLA 4/1/14; reinstatement of 2% MBERP additional employee contribution;
FY 2013/14 implementation of FLSA for purposes of computing overtime;reduction of holiday pay;
2 $7,054 salary impact of DROP extension; adoption of Condrey Job Classification &
Compensation Study; in addition to the tool and skill pay supplement increase
retroactive to 10/1/2013
3 FY 2014/15 1% COLA 4/1/15; inclusion of several classifications to receive shoes; DROP
$35,076 extension from 3 years to 5 ears;in addition to the FY 2013/14 items
4 FY 2015/16 Elimination of the ability to purchase two years of prior creditable service;in
$153,375 addition to the FY 2014/15 items
OBPI $176,619 5 FY 2016/17 Impact of all negotiated items during FY 2016/17
Total $308,226
Financial Impact Summary:The terms and conditions of the proposed three year labor agreement between the City and AFSCME represent a projected
cost/(savings)impact to the City,as follows:$6,255 during FY 2012/13;$7,054 during FY 2013/14;($35,076)during FY 2014/15;$153,375 during FY
2015/16;and$176,619 during FY 2016/17.The total estimated cost to the City during the contract period is$4,694,while the five year total cost impact is
$308,226.
Ci Clerk's Office Legislative Tracking:
Sylvia Cres o-Tabak, Human Resources Director
Sign-Offs:
Department Director Assistant City Mana City Manager
Sylvia Crespo-Tabak Kathie G. Brook Jimmy L.Morales
® M I AM I B EACH A®E�oA �Te.W. 7
� DATE
O
MIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of he City Co mission
FROM: Jimmy L. Morales, City Manager 1.
DATE: April 23, 2014
SUBJECT: A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, RATIFYING A HREE (3) YEAR LABOR AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND THE AMERICAN FEDERATION OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL NO. 15549 FOR THE PERIOD
BEGINNING MAY 19 2013, THROUGH APRIL 30, 2016; AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE THE AGREEMENT.
ADMINISTRATIVE RECOMMENDATION
Adopt the resolution.
BACKGROUND
The City's workforce is divided into seven salary groups: (1) those covered by the American Federation
of State, County and Municipal Employees, Local 1554 (AFSCME) bargaining unit; (2) those covered
by the Communications Workers of America, Local 3178 (CWA) bargaining unit; (3) those covered by
the Government Supervisors Association of Florida/OPEIU, Local 100 (GSAF) bargaining unit; (4)
those covered by the Fraternal Order of Police, William Nichols Lodge No. 8 (FOP) bargaining unit; (5)
those covered by the International Association of Fire Fighters, Local 1510 (IAFF) bargaining unit; (6)
Unclassified; and (7) "Others" (classified service employees not represented by a bargaining unit).
During the October 1, 2009, through September 30, 2012, collective bargaining process, the parties
negotiated changes that resulted in employee givebacks of over $15 million between FY 2009/10 and
FY 2010/11, and $20 million when including FY 2011/12 (Unclassified and Others, although not
represented by a union, also contributed to the employee giveback total). These givebacks included a
number of pension changes applicable to current and future employees who participate in the Miami
Beach Employees' Retirement Plan (MBERP) and resulted in reducing the City's pension contributions
for the short and long-term.
Given the FY 2012/13 givebacks, in particular the pension reform attained at the time, and the fact that
the collective bargaining agreement between the City and AFSCME is the least rich when compared to
the other labor agreements, the focus of the 2013-2016 negotiations was to ensure consistency and
equity with other bargaining units, and the adoption of the Condrey & Associates Classification and
Compensation Study recommendations in order to accomplish the City's goal of having all employees
under one fair, consistent and competitive pay plan.
City Commission Memorandum
April 23,2014
AFSCME 2013-2016 Collective Bargaining Agreement Ratification
Page 2 of 7
ANALYSIS
On April 30, 2013, the 2010-2013 collective bargaining agreement between the City and AFSCME
expired. The City and the AFSCME bargaining unit representatives began meeting in April 2013 to
negotiate a successor agreement. After ten sessions, on March 19, 2014, the parties reached a
tentative three-year agreement covering the period May 1, 2013, through April 30, 2016. As of this
writing, the union has scheduled the ratification vote by employees covered by the bargaining unit for
April 21, 2014.
The following is a summary of the tentative agreement reached. The entire tentative collective
bargaining agreement is provided as Exhibit A to the resolution attached to this memorandum.
Adoption of the Condrey Classification and Compensation Study
In 2008, the Administration entered into a contract with Condrey & Associates to perform a citywide
study to ensure the City had a classification and compensation system that was appropriate,
competitive and fair.
In August 2009, the City received the final Condrey & Associates Classification and Compensation
Study for the City of Miami Beach. The report included an analysis of the salary and benefits data,
along with the jurisdictions that responded to the salary and benefits surveys. In August 2013, the
consultant provided the City with a letter advising that the minimum and the maximum of the salary
III scales recommended in the study should be adjusted by seven percent.
The Finance and Citywide Projects Committee (FCWPC) members discussed various implementation
scenarios as Condrey & Associates provided three pay scales to be considered, scales A, B and C;
however, most of the conversation was centered on pay scale B, which reflected salaries at 107.5
percent of the market. At this level, the entry-rate salary for the positions studied would be greater than
approximately 62 percent of competing organizations. Consequently, if a position in the labor market
had an average entry salary of $40,000, the salary for the same position in the City of Miami Beach
would start at $43,000. Scale A reflects salaries at 115 percent of the market (or average
compensation) or approximately the third quartile of the organizations that responded to the
consultant's survey. At this level, the entry-rate for the organization would be greater than
approximately 75 percent of competing organizations. Salary scale C reflects salaries at 100 percent of
the market which is greater than 49 percent of the salary survey respondents. The recommended pay
plan, irrespective of scale, consists of 30 grades. The final recommendation made by the members of
the committee was to adopt Condrey scale B, and bring any employee whose salary is below the
minimum of his or her classification to within seven and one half percent of the minimum salary of scale
B, which is equivalent to the minimum salary of scale C.
Effective upon ratification of the 2013-2016 collective bargaining agreement, the recommendations of
the Condrey Classification and Compensation Study, subsequently adjusted by seven percent, will be
adopted for all classifications covered by the AFSCME bargaining unit. This will result in the
establishment of minimum salaries in accordance with scale C, and maximum salaries in accordance
with scale B. Any prospective pay increases for members covered by AFSCME will be subject to the
newly adopted minimum and maximum pay ranges for classifications covered by the union. In doing so,
AFSCME bargaining unit members, unclassified and others (if also adopted as presented today) will
represent 43 percent of all City employees under one pay plan.
City Commission Memorandum
April 23,2014
AFSCME 2013-2016 Collective Bargaining Agreement Ratification
Page 3 of 7
Cost of Living Adjustment (COLA)
• During FY 2012/13, there will be no across-the-board wage increases.
• Effective April 1, 2014, there will be a two percent COLA for all bargaining unit members; the
minimum and maximum of each pay range will also be adjusted to include the two percent
increase. The projected cost impact for this item is as follows: $125,500 during FY 2013/14;
$251,000 during FY 2014/15; and $146,417 during FY 2015/16. The total estimated cost to
the City during the contract period is $522,917.
• Effective upon ratification of the agreement, the Condrey Classification and Compensation
Study recommendations will be implemented, inclusive of a two percent increase to the
minimum and maximum of each pay range in furtherance of the COLA on April 1, 2014. The
projected cost impact for this item is as follows: $65,429 during FY 2013/14; $212,626
during FY 2014/15; and $183,319 during FY 2015/16. The total estimated cost to the City
during the contract period is $461,374.
• Effective April 1, 2015, there will be a one percent COLA for all bargaining unit members;
the minimum and maximum of each pay range will also be adjusted to include the one
percent increase. The projected cost impact for this item is as follows: $64,000 during FY
2014/15; and $74,667 during FY 2015/16. The total estimated cost to the City during the
contract period is $138,667.
Merit Increases
Employees shall be eligible to continue receiving merit increases, up to a maximum of two percent. This
item is considered status quo and is not presented as an additional cost to the City.
Overtime & Holiday Pay
Effective upon ratification of the agreement, 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. The City and the Union have agreed to one
exception to the adherence to the Fair Labor Standards Act (FLSA); when and if the Public Works
Director, at his sole discretion, sends employees home on administrative leave, to rest after working 12
hours beyond their scheduled shift due to an operational emergency (12 hours contiguous to normal
shift).
Holiday compensation has also been amended whereby the hours provided for working on a holiday is
reduced and will also be subject to FLSA. The projected savings impact for this item is as follows:
($87,291) during FY 2013/14; ($213,690) during FY 2014/15; and ($125,899) during FY 2015/16. The
total estimated savings to the City during the contract period is ($426,881).
Druq/Alcohol Testing
Effective upon ratification of the agreement, the random and reasonable suspicion drug/alcohol testing
program will apply to all AFSCME bargaining unit employees, not as previously negotiated limiting
testing to incumbents in certain classifications. The panel of controlled substance for which employees
will be tested increased from five to ten separate substances. Additionally, revised language indicates
City Commission Memorandum
April 23,2014
AFSCME 2013-2016 Collective Bargaining Agreement Ratification
Page 4 of 7
that the testing program will be conducted in accordance with the Code of Federal Regulations (CFR),
Part 40. This will result in a slightly higher cost to the City due to testing more employees for additional
substances.
Employees whose positions require a commercial driver license (CDL) will continue to be tested
according to the applicable federal guidelines.
Extension of the Deferred Retirement Option Plan (DROP)
Effective upon ratification of the agreement, maximum participation in the DROP will increase from
three years to five years for all employees covered by the AFSCME collective bargaining unit who were
hired prior to September 30, 2010. Employees currently participating in the three-year DROP will be
able to extend their participation period for an additional two years, if they so desire. Gabriel, Roeder
and Smith (GRS), the actuary for MBERP, estimated that from the extension negotiated for MBERP
members, the City will save an estimated $778,000 in pension costs in year one, of which $125,000 is
attributable to AFSCME (Attached). The extension of the DROP will result in the City not realizing
savings in salary costs by hiring new employees at a lower pay level. The additional salary expense for
the duration of the contract period is estimated at $96,500. The additional salary expense is offset by
the reduction in the City's annual required contribution to MBERP.
Elimination of Two-Year Past Service Option
Effective April 23, 2015, the ability to purchase up to two years of prior creditable service will be
eliminated for employees covered by the AFSCME collective bargaining agreement. This provision has
already been eliminated for employees in the CWA, GSAF, unclassified and "Others" salary groups.
On average, since 2006, there have been 157 past service purchases or buybacks in the general plan
each year. GRS has estimated that the approximate cost to the City for an average employee earning
$60,000 per year is $26,000. For 157 employees, this equates to a cost of $4.082 million. Since
AFSCME represents 19 percent of employees in IVIBERP, $776,000 is estimated to be attributable to
AFSCME.
GRS has also informed the City that the plan assumptions do not take into account the past service
purchase in calculating the ARC. The impact is recognized as an experience loss each year. GRS
estimates the amortized value to be $2,300 per person or $361,000 per year for an average salaried
employee, assuming all actuarial assumptions are met, of which $68,590 is estimated to be attributable
to AFSCME. This amount compounds each year as additional employees buy back and the loss is
amortized; as shown below.
FY 2014/15 FY 2015/16 FY 2016/17 FY 2017/18 FY 2018/19
Elimination of
FY 2014/15loss $0 $28,579 $28,579 $28,579 $28,579
amortization
Elimination of
FY 2015/16 loss $68,590 $68,590 $68,590
amortization
Elimination of
FY 2016/17 loss $68,590 $68,590
amortization
City Commission Memorandum
April 23,2014
AFSCME 2013-2016 Collective Bargaining Agreement Ratification
Page 5 of 7
Continuation of table:
FY 2014/15 FY 2015116 FY 2016/17 FY 2017/18 FY 2018/19
Elimination of
FY 2017/18 loss $68,590
amortization
Elimination of
FY 2018/19 loss
amortization
TOTAL $0 $28,579 $97,169 $165,759 $234,349
Additional Two Percent Employee Contribution to the Miami Beach Employees' Retirement Plan
MBERP
Pursuant to the expired 2010-2013 AFSCME collective bargaining agreement, the additional two
percent employee pension contribution sunset for members covered by the AFSCME bargaining unit
who participate in MBERP. The City and AFSCME have agreed that effective upon ratification of the
successor collective bargaining agreement, the additional two percent employee pension contribution
will be reinstated without a sunset clause and shall continue in perpetuity unless otherwise renegotiated
between the parties. The projected cost avoidance impact for this item is as follows: ($108,000) during
FY 2013/14; ($272,000) during FY 2014/15; and ($161,500) during FY 2015/16. The total estimated
cost avoidance to the City during the contract period is ($541,500).
Shoes
Effective upon ratification of the agreement, employees in the following classifications will be added to
be eligible to receive work shoes paid by the City:
• Recreation Leader I & II
• Recreation Program Supervisor
The projected cost impact for this item is as follows: $2,160 during FY 2014/15; and $2,160 during FY
2015/16. The total estimated cost to the City during the contract period is $4,320.
Tool Allowance
Effective January 1, 2013, the tool allowance will be increased from $15 to $40 biweekly. The tool
allowance is provided for employees who work in the classifications of Mechanic II, Mechanic III and
Fire Equipment Mechanic. This increase is contingent upon the City establishing a list of required tools
and the ability to inspect tools to ensure they are in good working order. The City may require an
employee to replace a tool. The projected cost impact for this item is as follows: $5,850 during FY
2012/13; $7,800 during FY 2013/14; $7,800 during FY 2014/15; and $4,550 during FY 2015/16. The
total estimated cost to the City during the contract period is $26,000.
Skill Pay Supplement
Effective January 1, 2013, the skill pay supplements will be increased, as follows:
• Automobile Technicians/Medium/Heavy Truck Technicians
- 3 to 5 Certifications (increase from $40 to $55 per month)
City Commission Memorandum
April 23,2014
AFSCME 2013-2016 Collective Bargaining Agreement Ratification
Page 6 of 7
- 6 to 7 Certifications (increase from $80 to $95 per month)
- Master Auto Technician or Medium/Heavy Truck Technician (increase from $120 to $135
per month)
• Fire Mechanics
- Level 1 Fire/Ambulance (increase from $50 to $65 per month)
- Level 2 Fire/Ambulance (increase from $90 to $105 per month)
- EVT Master Fire/Ambulance (increase from $130 to $145 per month)
• Natural Gas ASE Certification
- Increase from $20 to $35 per month
• Parts Specialist
- 3 of 3 certifications (increase from $40 to $55 per month)
Note: The maximum skill pay supplement benefit is increased from $140 to $200 per month.
The projected cost impact for this item is as follows: $405 during FY 2012/13; $540 during FY 2013/14;
$540 during FY 2014/15; and $315 during FY 2015/16. The total estimated cost to the City during the
contract period is $1,800.
Additional Provisions
The following provisions have been negotiated in the successor agreement and do not have a
budgetary impact:
• Layoff Provision: The Union has agreed to remove the existing language in the contract that
addressed a non-layoff provision that expired April 30, 2013.
• Promotional Opportunities: The City accepted the Union's proposal to enter into a memorandum
of understanding (MOU), wherein the City guarantees employees who meet the required and
preferred qualification criteria an interview, provided that there is no intent to exclude offering
any such opportunities to the public at large.
• Distribution of Overtime Opportunities: The City and the Union have agreed to hold
labor/management meetings in order to discuss how overtime is distributed. Any such meetings
are not a guarantee that changes will be made.
CONCLUSION
The terms and conditions of the proposed three year labor agreement between the City and AFSCME
represent a projected cost/(savings) impact to the City, as follows: $6,255 during FY 2012/13; $7,054
during FY 2013/14; ($35,076) during FY 2014/15; $153,375 during FY 2015/16; and $176,619 during
FY 2016/17. The total estimated cost to the City during the contract period is $4,694, while the five year
total cost impact is $308,226.
The agreed upon terms and conditions will result in long-term pension savings and in creating parity
among employees covered by the AFSCME and other general employees who participate in MBERP.
The negotiated changes will strengthen the City's ability to ensure expenditure trends are sustainable
over the long term.
City Commission Memorandum
April 23,2014
AFSCME 2013-2016 Collective Bargaining Agreement Ratification
Page 7 of 7
The Administration recommends adopting the resolution to ratify the three year labor agreement with
the AFSCME bargaining unit for the period covering May 1, 2013, through April 30, 2016. The
ratification of this three year labor agreement is contingent upon AFSCME bargaining unit members
ratifying the same. As previously mentioned, at the time of this writing, the ratification vote is scheduled
for April 21, 2014. The results of the vote will be provided to the City Commission under separate cover.
Attach t
JLM/K SC-T
T:WGENDA\2014\April\AFSCMEWFSCME 2013-2016 Ratification Memo.docx
ATTACHMENT
Gabriel Roeder Smith & Company One East Broward Blvd. 954.527.1616 phone
GRS Consultants &Actuaries Suite 505 954.525.0083 fax
Ft.Lauderdale,FL 33301-1804 www.gabrielroeder.com
April 9,2014
Mr.Jose Del Risco
Labor Relations Specialist
Department of human Resources
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Re: Actuarial Impact Statement for Proposed Changes to the Miami Beach Employees'Retirement Plan
Dear Jose:
As requested,we have prepared the enclosed Actuarial Impact Statement showing the financial effect of the
following proposed changes to the Miami Beach General Employees'Retirement System for members
participating in the AFSCME bargaining unit:
1. The maximum period for participation in the Deferred Retirement Option Program(DROP)would be
extended from three to five years for members hired before October 1,2010(i.e.,Tier A and Tier B
members). This extension would apply to all active members in Tiers A and B who elect to participate
in the DROP in the future as well as current DROP members. The 2.5%COLA is not payable while
members are in the DROP.
2. The option for members to purchase up to 2-years of credited service would be eliminated effective one
year from the ratification date.
Please note that the above changes have been adopted for all members except for members who are
participating in the AFSCME bargaining unit,and the effect of the above changes is shown in our
October 7,2013 Actuarial Impact Statement(also referred to as the`Baseline"in this report). The
enclosed figures reflect the additional effect of applying the above changes to members participating in
the AFSCME bargaining unit.
The Statement must be filed with the Division of Retirement before the final public hearing on the ordinance.
Please have a member of the Board of Trustees sign the Statement. Then send the Statement along with a copy
of the proposed ordinance to Tallahassee.
With regard to item 2 above,the employer portion of the cost for members to purchase service is not prefunded.
Therefore,eliminating the service purchase provision will not have an immediate financial effect on the Plan.
When we prepare our annual valuation,any increases to the liability due to service purchased during the
previous year are reflected in the net gain/loss for the year,which is amortized over 30 years.
The ultimate cost of the current service purchase provision is measured by the difference between the full
actuarial cost of the service purchased and the amount that members currently pay to purchase service(i.e.,
10%of pay for each year purchased). As an example,the full actuarial cost to purchase the maximum of 2
years of service for a member who is currently age 45 with 10 years of credited service and an annual salary of
$60,000 is approximately$38,000. Under the current provisions,the member pays$12,000. The difference of
$26,000 is funded by additional City contributions over time. In this example,the effect on the annual required
contribution due to the service purchase is an increase of about$2,300 for the first year.This assumes that all of
Mr.Jose Del Risco
April 9,2014
Page 2
our actuarial assumptions as described in the October 1,2012 Actuarial Valuation Report are met each year.
The impact on the total gain/loss varies each year depending on the demographics and the specific benefit
provisions that apply to members who purchased service.
Eliminating the service purchase provision will mean that any losses due to service purchases will not occur in
future years. Please note,however,that there will likely be losses due to service purchases for AFSCME
members in fiscal years ending September 30,2013 and September 30,2014 that will be reflected in the
October 1,2013 and October 1,2014 Actuarial Valuations,since elimination of the service purchase provision
for AFSCME members will not be effective one year after the ratification date.
Summary of Findings
The following summarizes the additional effect of reflecting the above Plan changes for AFSCME members(as
compared to the October 7,2013 Actuarial Impact Statement that includes the effect of these same changes for
all members of the Plan):
• The present value of future benefits decreases by approximately$1.2 million.
- The Plan would be expected to pay out$1.2 million less, in today's dollars,to current members
of the Plan. This can be viewed as the total cost impact due to the extension of the DROP for
AFSCME members if the actuarial assumptions are met each year.
• There is a decrease in the first year Annual Required Contribution for the City that is comprised of a
reduction in the amortization payments on the Unfunded Accrued Liability and a reduction in the normal
cost.
- The Unfunded Accrued Liability decreased by approximately$916,000. This reduction will
decrease the annual required contribution by approximately$81,000 each of the next 30 years.
- The first year normal cost will decrease by approximately$81,000 which is 0.06%of total
covered payroll(0.07%of Tier A and B member covered payroll). The reduction of 0.07%of
Tier A and Tier B member covered payroll will exist until all Tier A and Tier B members have
retired.
- The first year required employer contribution would decrease by approximately$125,000 or
0.19%of Non-DROP payroll.
- The funded ratio will remain at 66.7%.
Other Cost Considerations
■ As of October 1,2012 the Market Value of Assets exceeds the Actuarial Value by$2.07 million. This
difference will be recognized over the next several years. Once all the gains and losses through September
30,2012 are fully recognized in the Actuarial Value of Assets,the contribution rate will decrease by
roughly 0.3%of non-DROP payroll unless there are further gains or losses.
Additional Disclosures
This report was prepared at the request of the City with the Board's permission and is intended for use by the
City and the Retirement Plan,and those designated or approved by them. This report may be provided to
parties other than the City and Retirement Plan only in its entirety and only with their permission.
This report is intended to describe the financial effect of the proposed plan changes.No statement in this
report is intended to be interpreted as a recommendation in favor of the changes,or in opposition to them.
This report should not be relied on for any purpose other than the purpose described above.
Gabriel Roeder Smith & Company
Mr.Jose Del Risco
April 9,2014
Page 3
The calculations in this report are based upon information furnished by the Plan Administrator for the
October 1,2012 Actuarial Valuation concerning Plan benefits,financial transactions,plan provisions and
active members,terminated members,retirees and beneficiaries. The calculations are also based on
bargaining unit information provided by the City related to this study. We reviewed this information for
internal and year-to-year consistency,but did not otherwise audit the data. We are not responsible for the
accuracy or completeness of the information provided by the Plan Administrator or the City.
The calculations are based upon assumptions regarding future events,which may or may not materialize.
They are also based on the assumptions,methods,and plan provisions outlined in this report. Future
actuarial measurements may differ significantly from the current measurements presented in this report due
to such factors as the following: plan experience differing from that anticipated by the economic or
demographic assumptions;changes in economic or demographic assumptions; increases or decreases
expected as part of the natural operation of the methodology used for these measurements(such as the end of
an amortization period or additional cost or contribution requirements based on the plan's funded status);and
changes in plan provisions or applicable law. If you have reason to believe that the assumptions that were
used are unreasonable,that the plan provisions are incorrectly described,that important plan provisions
relevant to this proposal are not described,or that conditions have changed since the calculations were made,
you should contact the author of the report prior to relying on information in the report.
The undersigned actuaries are members of the American Academy of Actuaries and meet the Qualification
Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The
undersigned actuaries are independent of the plan sponsor.
This report has been prepared by actuaries who have substantial experience valuing public employee
retirement systems.To the best of our knowledge the information contained in this report is accurate and
fairly presents the actuarial position of the Plan as of the valuation date. All calculations have been made in
conformity with generally accepted actuarial principles and practices,and with the Actuarial Standards of
Practice issued by the Actuarial Standards Board and with applicable statutes.
Respectfully submitted,
i
Melissa .Algayer,MAAA,F A oJeff Anrose,MAAA
Enrolled Actuary No. 11-06467 Enrollbd Actuary No. 11-06599
Copy: Rick Rivera
Enclosures
Gabriel Roeder Smith & Company
1
SUPPLEMENTAL ACTUARIAL VALUATION REPORT
Plan
City of Miami Beach Employees' Retirement Plan
Valuation Date
October 1,2012
Date of Report
April 9,2014
Report Requested by
City of Miami Beach
Prepared by
Melissa R. Algayer
Group Valued
All active and inactive members.
Plan Provisions Being Considered for Change
Present Plan Provisions before Change
All Members except AFSCME Members:
• Members hired before October 1,2010(i.e.,Tier A and Tier B members)who become eligible
for normal retirement may participate in the Deferred Retirement Option Program(DROP)for up
to five years. Members currently participating in the three-year DROP may also continue
participation for an additional two years(five years total). The annual COLA of 2.5%is not
payable while members are in the DROP.
• There is no optional service purchase provision.
AFSCME Members:
• Members hired before October 1,2010(i.e.,Tier A and Tier B members)who become eligible
for normal retirement may participate in the Deferred Retirement Option Program(DROP)for up
to three years.The annual cost-of-living adjustment(COLA)of 2.5%is not payable while
members are in the DROP.
• Members who have five or more years of service may elect to purchase up to two years of
additional credited service at any time prior to retirement. Members who elect to purchase such
service pay 10%of the annual rate of compensation multiplied by the number of years purchased.
2
Proposed Plan Changes
The following changes would apply to AFSCME members:
• Members hired before October 1,2010(i.e.,Tier A and Tier B members)who become eligible
for normal retirement may participate in the Deferred Retirement Option Program(DROP)for up
to five years. Members currently participating in the three-year DROP may also continue
participation for an additional two years(five years total). The annual COLA of 2.5%is not
payable while members are in the DROP.
• The optional service purchase provision would be eliminated effective one year after the
ratification date.
Participants Affected
The extension of the DROP participation period would apply to all active AFSCME members hired
prior to October 1,2010(i.e.,Tier A and Tier B members)who become eligible for normal retirement.
The extension of the DROP would also apply to current AFSCME members participating in the DROP
as the effective date of the amending ordinance.
Elimination of the optional service purchase provision would apply to all active AFSCME members one
year after the effective date of the amending ordinance.
Actuarial Assumptions and Methods
To measure the impact of extending the DROP,the assumed COLA delay was increased from 2.75
years to 4 years for active Tier A and Tier B members. Additionally,the COLA delay was increased
from 3 years to 5 years for members currently participating in the DROP.
All other assumptions and methods are the same as shown in the October 1,2012 Actuarial Valuation
Report.
Some of the key assumptions/methods are:
Investment return— 8.0%per year
Salary increase — 4.5%to 7.0%depending on service
Cost Method —
Entry Age Normal Cost Method
Amortization Period for Any Change in Actuarial Accrued Liability
30 years.
Summary of Data Used in Report
Same as data used in October 1,2012 Actuarial Valuation Report.
Actuarial Impact of Proposal(s)
See attached page(s). Extending the DROP from three to five years for AFSCME members will
decrease the first year annual required contribution by$125,412 or 0.19%of Non-DROP payroll.
Since the employer portion of the cost for members to purchase service is not prefunded,eliminating
the optional service purchase provision would not have an immediate financial effect on the Plan.
3
Special Risks Involved With the Proposal That the Plan Has Not Been Exposed to Previously
None
Other Cost Considerations
As of October 1,2012 the Market Value of Assets exceeds the Actuarial Value by$2.07 million. This
difference will be recognized over the next several years. Once all the gains and losses through
September 30,2012 are fully recognized in the Actuarial Value of Assets,the contribution rate will
decrease by roughly 0.3%of non-DROP payroll unless there are further gains or losses.
I
4
CITY OF BEACH E IPL0 YEE RETIREMIENT PLAN
Impact Statement—April 9,2014
Description of Amendment
The proposed ordinance incorporates the following plan changes and would apply to all active members
participating in the AFSCME bargaining unit and AFSCME members participating in the Deferred
Retirement Option Program(DROP):
1. The maximum period for participation in the Deferred Retirement Option Program(DROP)
would be extended from three to five years for members hired before October 1,2010(i.e.,Tier A
and Tier B members). This extension would apply to all active members in Tiers A and B who
elect to participate in the DROP in the future as well as current DROP members. The 2.5%
COLA is not payable while members are in the DROP.
2. The option for members to purchase up to 2-years of credited service would be eliminated
effective one year after the ratification date.
The above changes were already adopted for all members except members participating in the AFSCME
bargaining unit,and the effect of these changes is shown in our October 7,2013 Actuarial Impact
Statement(also referred to as the"Baseline"in this report). The enclosed figures reflect the additional
effect of applying the above changes to members participating in the AFSCME bargaining unit.
Funding Implications of Amendment
See attachments.
Certification of Administrator
I believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statutes and Section
14,Article X of the Constitution of the State of Florida.
For the Board of Trustees
as Plan Administrator
5
ANNUAL REQUIRED CON'T'RIBUTION (ARC)
A. Valuation Date October 1, 2012 October 1, 2012 Increase/
Baseline* Extend DROP from Decrease
Three to Five Years
B. ARC to Be Paid During
Fiscal Year Ending 9/30/2014 9/30/2014
C. Assumed Date of Employer Contrib. 10/1/2013 10/1/2013
D. Annual Payment to Amortize
Unfunded Actuarial Liability $ 16,760,395 $ 169685,042 $ (75,353)
E. Employer Normal Cost 6,905,335 6,864,566 (40,769)
F. ARC if Paid on the Valuation Date:
D+E 23,665,730 23,549,608 (116,122)
G. ARC Adjusted for Frequency of
Payments 25,558,989 25,433,577 (125,412)
H. ARC as %of Covered Payroll
-Non-DROP Payroll 39.29 % 39.10 % (0.19) %
- Total Payroll 36.63 % 36.45 % (0.18) %
I. Covered Payroll for Contribution Year
-Non-DROP Payroll 65,053,945 65,053,945 -
-Total Payroll 69,782,689 69,782,689 -
*From October 7,2013 Actuarial Impact Statement. Includes changes for all members except those who are
participating in the AFSCME bargaining unit.
6
ACTUARIAL VALUE OF BENEFITS AND ASSETS
A. Valuation Date October 1, 2012 October 1, 2012 Increase/
Baseline* Frtend DROP from (Decrease)
Three to Five Years
B. Actuarial Present Value of All Projected
Benefits for
1. Active Members
a. Service Retirement Benefits $ 259,785,430 $ 258,655,513 $ (1,129,917)
b. Vesting Benefits 31,967,178 31,967,178 -
c. Disability Benefits 7,271,899 7,271,899 -
d. Preretirement Death Benefits 3,953,764 3,953,764 -
e. Return of Member Contributions _ 631,843 631,843 -
f. Total 303,610,114 302,480,197 (1,129,917)
2. Inactive Members
a. Service Retirees&Beneficiaries 407,835,275 407,731,946 (103,329)
b. Disability Retirees 12,377,127 12,377,127 -
c. Terminated Vested Members 11,4802115 11,480,115 -
d. Total 431,692,517 431,589,188 (103,329)
3. Total for All Members 735,302,631 734,069,385 (1,233,246)
C. Actuarial Accrued(Past Service)
Liability per GASB No. 25 632,203,739 631,287,564 (916,175)
D. Plan Assets
1. Market Value 4231,447,642 423,447,642 -
2. Actuarial Value 421,376,041 421,376,041
E. Unfunded Actuarial Accrued Liability(C-D2) 210,827,698 209,911,523 (916,175)
F. Funded Ratio(D2 -C) 66.7 % 66.7 % 0.0 %
G. Actuarial Present Value of Projected
Covered Payroll 543,825,043 543,825,043 -
H. Actuarial Present Value of Projected
Member Contributions 51,791,078 51,791,078 -
*From October 7,2013 Actuarial Impact Statement. Includes changes for all members except those who are
participating in the AFSCME bargaining unit.
7
CALCULATION OF EMPLOYER NORMAL COST
A. Valuation Date October 1, 2012 October 1, 2012 Increase/
Baseline* Extend DROP from (Decrease)
Three to Five Years
B. Normal Cost for
1. Service Retirement Benefits $ 9,644,778 $ 9,604,009 $ (40,769)
2. Vesting Benefits 2,047,065 2,047,065 -
3. Disability Benefits 529,872 529,872 -
4. Preretirement Death Benefits 268,222 268,222 -
5. Return of Member Contributions 225,573 225,573 -
6. Total for Future Benefits 12,715,510 12,674,741 (40,769)
7. Assumed Amount for Administrative
Expenses 694,180 694,180 -
8. Total Normal Cost 13,409,690 13,368,921 (40,769)
%of Covered Payroll
-Non-DROP Payroll 20.61 % 20.55 % (0.06) %
-Total Payroll 19.22 % 19.16 % (0.06) %
C. Expected Member Contribution 6,504,355 6,504,355 -
%of Covered Payroll
-Non-DROP Payroll 10.00 % 10.00 % 0.00 %
-Total Payroll 9.32 % 9.32 % 0.00 %
D. Employer Normal Cost:138-C 6,905,335 6,864,566 (40,769)
%of Covered Payroll
-Excluding DROP Payroll 10.61 % 10.55 % (0.06) %
-Including DROP Payroll 9.90 % 9.84 % (0.06) %
*From October 7,2013 Actuarial Impact Statement. Includes changes for all members except those who are
participating in the AFSCME bargaining unit.
I
8
PARTICIPANT DATA
October 1, 2012 October 1, 2012
Baseline* Evend DROP from
Three to Five Years
ACTIVE MEMBERS
Number(Non-DROP) 1,049 1,049
Covered Annual Non-DROP Payroll $ 65,053,945 $ 65,053,945
Average Annual Non-DROP Pay $ 62,015 $ 62,015
Total Covered Annual Payroll $ 69,782,689 69,782,689
Average Annual Pay $ 63,209 63,209
Average Age 45.1 45.1
Average Past Service 9.8 9.8
Average Age at Hire 35.3 35.3
DROP PARTICIPANTS
Number 55 55
Annual Benefits $ 2,994,703 2,994,703
Average Annual Benefit $ 543449 54,449
Average Age 59.3 59.3
RETIREES do BENEFICIARIES
Number 1,002 11002
Annual Benefits $ 33,085,394 $ 33,085,394
Average Annual Benefit $ 33,019 $ 33,019
Average Age 71.1 71.1
DISABILITY RETIREES
Number 43 43
Annual Benefits $ 1,117,160 $ 1,117,160
Average Annual Benefit $ 25,980 $ 25,980
Average Age 65.6 65.6
TERMINATED VESTED MEMBERS
Number 63 63
Annual Benefits $ 1,343,444 $ 1,343,444
Average Annual Benefit $ 21,325 $ 21,325
Average Age 45.9 45.9
*From October 7,2013 Actuarial Impact Statement. Includes changes for all members except those who
are participating in the AFSCME bargaining unit.
I
EXHIBIT A
CONTRACT
Between
CITY OF MIAMI BEACH, FLORIDA
and the
AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES, AFSCME LOCAL NO. 1554
May 1, 2810-2013 -April 30, 28132016
AFSCME i
I TABLE OF CONTENTS
CONTRACT PAGE
WITNESSETH .................................................................................................................................1
ARTICLE I RECOGNITION
Section 1.1 Representation ............................................................................................2
Section 1.2 Bargaining Unit...........................................................................................2
Section 1.3 Communications..........................................................................................3
Section 1.4 Rights of Individuals.....................................................................................3
ARTICLE 2 DEDUCTION OF UNION DUES
Section2.1 Checkoff....................................................................................................5
Section 2.2 Indemnification ...........................................................................................5
ARTICLE 3 EQUAL EMPLOYMENT OPPORTUNITY
Section 3.1 No Discrimination .......................................................................................6
Section 3.2 Affirmative Action........................................................................................6
Section 3.3 Examinations....................................................................................... ....6
ARTICLE 4 GRIEVANCE PROCEDURE
Section 4.1 Definition of Grievance &Time Limit for Filing ..........
Section 4.2 Grievance Procedure ...................................................................................7
Section 4.3 Binding Arbitration ......................................................................................9
Section 4.4 Authority of Arbitrator..................................................................................9
Section 4.5 Expenses of Arbitration ................................................................................9
Section 4.6 Election of Remedies....................................................................................9
Section 4.7 Grievances Involving Discipline................................................................... 10
Section 4.8 Union Stewards......................................................................................... 10
Section 4.9 Grievance Meetings................................................................................... 11
Section 4.10 Union Representation................................................................................. 11
Section 4.1 1 Union Time Bank................................................................................... 12
Section 4.12 Employee Rights During Meetings or Interviews..........
ARTICLE 5 NO STRIKE OR LOCKOUT
Section5.1 No Strike.................................................................................................. 13
Section5.2 No Lockout............................................................................................... 13
ARTICLE 6 MANAGEMENT RIGHTS......................................................................... 14
ARTICLE 7 HOURS OF WORK AND OVERTIME
Section 7.1 Purpose....................................................................................................
15
Section 7.2 Normal Workday......................................................................................
15
Section 7.3 Normal Workweek....................................................................................
15
Section 7.4 Weekly Overtime...................................................................................... 15
AFSCME ii
TABLE OF CONTENTS (Continued) PAGE
Section 7.5 Distribution of Overtime Opportunity............................................................ 15
Section7.6 No Pyramiding ......................................................................................... 16
Section 7.7 Paid Leave as Time Worked for the Purpose of Computing Overtime..................... 16
Section 7.8 Rest Periods.............................................................................................. 16
Section 7.9 Seventh Consecutive Day of Work............................................................... 16
Section 7.10 Shift Starting Time...................................................................................... 16
Section 7.1 1 Reporting Pay.......................................................................................... 17
Section 7.12 Call-In and Call-Back Pay ........................................................................... 17
Section 7.13 Work Schedule .......... .............................................................................. 17
Section7.14 Standby................................................................................................... 17
ARTICLE 8 WAGES AND FRINGE BENEFITS
Section8.1 Wages .................................................................................................... 18
Section 8.2 Shift Differential......................................................................................... 19
Section8.3 Holidays ..................................................................................................20
Section8.4 Holiday Pay..............................................................................................20
Section 8.5 Rate of Pay When Working Out of Classification...........................................20
Section8.6 Uniforms ..................................................................................................21
Section8.7 Safety Shoes.............................................................................................22
Section 8.8 Vacation Benefits...................................................................................... 23
Section 8.9 Meal Allowance....................................................................................... 23
Section 8.10 Jury and Witness Duty........ .................................
Section 8.11 Tool Allowance........................................................................................ 24
Section 8.12 Bereavement............................................................................................ 25
Section8.13 Pay Periods ............................................................................................. 25
Section 8.14 Injury Service Connected........................................................................... 25
Section 8.15 Certificates.............................................................................................. 26
Section 8.16 Pay for Hazard Duty................................................................................. 26
Section 8.17 Changes in Benefits..................................................................................
26
Section 8.18 Pension, DROP, Retiree Health...............................:.................................... 27
Section 8.19 Training and Training Programs.................................................................. 28
Section 8.20 Skill Pay Supplement.................................................................................
29
Section 8.21 Health Insurance.......................................................................................... 29
Section 8.22 Essential Personnel (Hurricane Pay) ................................................................ 30
Section8.23 Landfall Team ....................................................................................... 30
ARTICLE 9 SENIORITY
Section 9.1 Definition .............................................
Section9.2 Layoffs.................................................................................................... 32
Section9.3 Recalls.................................................................................................... 33
Section 9.4 Break in Seniority.....................................................................................
33
Section 9.5 Seniority Lists...........................................................................................
34
Section 9.6 Union Officer Continuation of Duties...........................................................
Section9.7 Promotions .............................................................................................. 34
AFSCME iii
TABLE OF CONTENTS (Continued) PAGE
Section9.8 Demotions................................................................................................... 34----- Porn
Section 9.9 Preference for Out of Class Assignments.......................................................... 35 1.31"
Section9.10 Shift Preference ............................................................................................ 35
ISection 9.1 1 Temporary Employees ................................................................................... 36*---- Porn
Section 9.12 Vacation and Emergencies ...................................................................... 36
ARTICLE 10 GENERAL PROVISIONS
Section10.1 Work Rules.................................................................................................. 37
Section10.2 Clean-up Time.............................................................................................. 37
Section10.3 Safety ......................................................................................................... 37
Section10.4 Safety Glasses............................................................................................... 38
Section 10.5 Safety Equipment ...................................................................................... 38
Section 10.6 Emergency Medical Attention ......................................................................... 38
Section 10.7 Transportation of Employees............................................................................38
Section10.8 Transfer........................................................................................................39
Section10.9 Civic Duty.....................................................................................................39
Section10.10 Unpaid Leaves.............................................................................................. 39
Section 10.11 Negotiation Pay........................................................................................... 39
Section 10.12 Contracting & Subcontracting of Public Works...................................................39
Section 10.13 Sick&Vacation Leave Accrual&Maximum Payment on Termination ..................... 41
Section 10.14 Perfect Attendance Bonus ..................................................................................42
Section 10.15 Changes in Job Specifications & New Classifications............ .... 42
Section 10.16 Opportunity for Advancement........................................................................ 42
Section 10.17 Union Conventions....................................................................................... 42
Section 10.18 Educational Leave......................................................................................... 43
Section 10.19 Meetings Leave............................................................................................. 43
Section 10.20 Union Bulletin Boards.................................................................................... 43
Section 10.21 Labor/Management Committee........................................................................ 44
Section 10.22 Me Too and Re-openers ................................................................................. 44
ARTICLE 11 DRUG AND ALCOHOL TESTING
Sections11.1 - 11.6.................................................................................... 45
Sections1 1.7- 11.8 .................................................................................... 46
ARTICLE12 SAVINGS................................................................................................... 47
ARTICLE 13 ENTIRE CONTRACT.................................................................................... 48
ARTICLE 14 TERM OF CONTRACT ......................................................................... 49
EXECUTION .......................................................................................................................
50
ELECTION OF REMEDY FORM ..................................................... _ ................................. 51
APPENDIX: HEARING EXAMINER RULES .............................................................................. 52
AFSCME
CONTRACT
I THIS CONTRACT, made and entered into this day of 20102014,
by and between the CITY OF MIAMI BEACH, FLORIDA, (herein called the "City"), and the AMERICAN
FEDERATION OF STATE,COUNTY AND MUNICIPAL EMPLOYEES UNION,LOCAL 1554, (herein called
the "Union").
WITNESSETH:
WHEREAS,this Contract has as its purpose the promotion of harmonious relations between the
City and the Union and the negotiation of wages, hours, and working conditions to be in effect during
the term(s) of this Contract; and
WHEREAS,the rights, obligations, and authority of the parties to this Contract are governed b
9 9 tY P 9 Y .
and subject to the laws of the State of Florida;
NOW, THEREFORE, the parties agree with each other as follows: ---- Formatt
AFSCME 2
ARTICLE
RECOGNITION
Section 1.1. Representation. Pursuant to and in accordance with all applicable provisions of
Chapter 447, Part II of the Florida Statutes, the City recognizes the Union as the exclusive bargaining
representative for all employees included in the bargaining unit of local 1554, for the purpose of
collective bargaining concerning wages, hours of work and other terms and conditions of employment.
Section 1.2. Bargaining Unit. The bargaining unit of this local union has been determined by the
Public Employees Relations Commission to be appropriate for the purposes of collective bargaining.
Certificate No. 379 was issued to local 1554 on January 9, 1978. The bargaining unit of this local
union includes all classifications listed below:
Assistant Pumping Mechanic Pumping Mechanic
Building Supervisor Recreation Leader I
Building Services Technician Recreation Leader II
Central Services Technician Recreation Program Supervisor
Control Room Operator School Guard
Concession Attendant Sewer Pipefitter
Customer Service Representative Sewer Supervisor
Diesel Generator Mechanic Sign Maker
Fire Equipment Mechanic Storekeeper I, II, and III
Fleet Service Writer Storekeeper/Mechanic
Fleet Service Representative Street Lighting Technician I and II
Heavy Equipment Operator I and II Street Supervisor
Ice Rink Technician Tree Maintenance Supervisor
Irrigation System Supervisor Tree Trimmer
Mechanic I, II, and III Waste Collector
Municipal Service Worker I, II, and III Waste Driver Supervisor
Municipal Service Worker Trainee Water Meter Technician I and II
Museum Guard Water Pipefitter
Park Supervisor Water Supervisor
Pest Control Supervisor
The parties agree that they will periodically review the job classifications and, if appropriate, file a joint
petition to Public Employees Relation Commission (PERC) to determine which positions should be in or
out of the bargaining unit.
Section 1.3. Communications
a) All official union communications from the City shall be sent to the Union's designated address,
telephone or email. An official AFSCME letter will be provided by AFSCME to notify the City of
AFSCME 2
these designations.
b) All official City communications from the Union shall be sent to the City Manager's designee for
Labor Relations.
Section 1.4. Rights of Individuals
a) A union member shall be entitled to Union representation in accordance with the provisions of this
Contract at each and every step of the grievance procedure set forth in this Contract.
b) All references to "employees" in this Contract shall mean both sexes, and where the male gender is
used, it shall be construed to include male and female employees. The City agrees not to interfere
with the rights of employees to become members of the Union and the Union agrees not to interfere
with the rights of employees to refrain from becoming Union members. There shall be no
discrimination, interference, restraint, or coercion by the City against any employee because of
Union membership or Union activity. There shall be no discrimination, interference, restraint,
coercion by the Union against any employee because of non-union membership.
c) No mechanical recording devices of any kind shall be used in discussions between department
heads, division heads,or supervisors and employees unless the parties mutually agree otherwise. It
is specifically understood that this subsection shall not in any way apply to any City board.
d) During an entrance interview, no prospective new employee who would be covered by this
Agreement shall be questioned concerning his/her feelings, pro or con, toward the Union.
I eL—Upon reasonable request, an employee or his/her Union representative designated in writing shall*------Formatt
Numberir
have the right to review his/her personnel file maintained by the Human Resources Department(or Alignmen
0.25"+I
by the Division) in the presence of an appropriate representative of the Human Resources
Department or Division Management. Employees shall be provided with a copy of any documents
placed in his/her personnel file which adversely reflect on an employee's work performance. If
requested by the employees, his/her supervisor will discuss the documents with him/her. The
employee shall be allowed to place in his/her personnel file a response of reasonable length to
anything contained therein which the employee deems to be adverse. It is specifically understood,
that this provision shall not in any way alter or modify the Personnel Rules concerning tests or
AFSCME 3
examinations and the period of time which an employee has to review tests or examinations which
he/she has taken.
Ic4ILNothing contained in this Contract shall abridge the rights of individual employees or the employer
under Florida law.
%LUpon request, Human Resources will provide to the Union President a monthly list of new hires in
bargaining unit positions.
AFSCME 4
ARTICLE 2
DEDUCTION OF UNION DUES
Section 2.1. Check off. Upon receipt of a lawfully executed written authorization from an employee,
which is presented to the City by an official designated by the Union in writing, the City agrees during
the term of this Contract to deduct the uniform biweekly Union dues of such employees from their pay
and remit such deductions to Council 79 Business Manager (provided address agreed) together with a
list of the employees from whom deductions were made; provided, however, that such authorization is
revocable at the employee's will upon thirty (30) days written notice to the City and the Union. The
Union will notify the City thirty (30) days prior to any change in its dues structure.
The Union shall pay, during the term of this Agreement the amount of one hundred dollars ($100.00)
annually as a service charge for implementing and processing the above stated dues deductions. The
Union shall make the payment on or before April 1 of each year of the Agreement.
Section 2.2. Indemnification. The Union agrees to indemnify and hold the City harmless against
any and all claims, suits, orders or judgments brought or issued against the City as a result of any action
taken or not taken by the City under the provision of this Article.
AFSCME 5
ARTICLE 3
EQUAL EMPLOYMENT OPPORTUNITY
Section 3.1. No Discrimination. In accordance with applicable Federal and State law, the City
and the Union agree not to discriminate against any employee as defined in federal, state, and
municipal ordinances.
Nothing contained herein shall serve as a barrier for the implementation by the City of any such
personnel actions as deemed necessary to comply with the Americans With Disabilities Act.
The development of job specifications that delineate those duties that are the required, essential tasks of
each job for the purpose of the Americans With Disabilities Act (ADA), shall not be considered
discriminatory or be grievable under the terms of this Contract.
This section does not preclude any bargaining unit employee from pursuing any appeal he/she may
have under the Civil Rights Act.
Section 3.2. Affirmative Action. The parties acknowledge the existence of Federal Guidelines on
voluntary affirmative action programs and the City is committed to the development of an Affirmative
Action Plan in accordance with those guidelines and law. The Union will be provided with an
opportunity to participate in the development of the Plan, and will thereafter assist the City in achieving
any lawful goals set forth in the Plan.
Section 3.3.Examinations. The City is committed to the utilization of fair, job-related examinations
and fairly administering such examinations, however,the subject matter and/or administration of these
examinations shall be subject to the grievance procedure up to Step III of the grievance procedure of this
Contract, however, questions or complaints concerning examinations may be brought directly to the City
Manager's designee for Human Resources.
AFSCME 6
ARTICLE 4
GRIEVANCE PROCEDURE
Section 4.1. Definition of Grievance and Time Limit for Filing. A grievance is a dispute
involving the interpretation and application of the express terms of this Contract, excluding matters not
covered by this Contract. The Union acknowledges that the Personnel Board retains the right to make,
enforce,amend, and apply the Personnel Rules and Regulations, and that neither the City,the Union, nor
an arbitrator can control the Personnel Board's exercise of this right. No grievance shall be entertained
or processed unless it is submitted within ten (10) working days after the occurrence of the event giving
rise to the grievance or within ten (10) working days after the employee, through the use of reasonable
diligence, should have obtained knowledge of the occurrence of the event giving rise to the grievance.
Section 4.2. Grievance Procedure. Grievances shall be processed, individually, as follows:
STEP 1: Any employee who has a grievance(or a steward on the employee's behalf) shall
submit the grievance, on the Grievance Form as provided by the City, to the
supervisor designated for this purpose by the City, and if the employee wishes,
he/she shall be accompanied by his/her Union Steward.
If no settlement is reached, the supervisor shall give the City's written answer
within five(5)working days after such presentation. The Election of Remedy Form
as agreed herein shall be completed and submitted with the Step 1 grievance.
STEP 2: If the grievance is not settled in Step 1 and the employee wishes to appeal the
grievance to Step 2 of the Grievance'Procedure, it shall be referred in writing to
the Department Head within three (3)working days after the Supervisor's answer
in Step 1 and shall be signed by the employee and/or the Union Steward. The
Department Head, or his/her Representative, shall discuss the grievance within
three(3)working days with the Union Steward at a time mutually agreeable to the
parties.
If no settlement is reached, the Department Head, or his/her Representative, shall
give the City's written answer to the Union within three (3)working days following
their meeting. Grievances processed without the completed, signed Election of
AFSCME 7
Remedy Form attached will be considered as withdrawn, and will be returned to
the Union President or the Grievant(s).
STEP 3: If the grievance is not settled in Step 2 and the Union and/or the employee
desires to appeal, the Union President or his/her designated Representative
and/or the employee shall appeal in writing to the City Manager's designee for
Labor Relations, within three (3) working days after the designated Department
Head's answer in Step 2. A meeting between the City Manager's designee for
Labor Relations, and the Union Grievance Committee, not to exceed five (5)
employees (and/or the employee) shall be held at a time mutually agreeable to
the parties.
If no settlement or a settlement is reached,the City Manager's designee for Labor
Relations shall give the City's written answer to the Union and the employee within
five (5) working days following the meeting.
The Union President or the Chief Steward and the appropriate Department Head may mutually agree in
writing that the first two steps of the grievance procedure set forth above may be bypassed if the
circumstances warrant it.
The City and the Union hereby agree that this procedure and the arbitration procedure set forth in
Section 4.3 shall be the sole and exclusive method for interpreting and enforcing this Agreement,except
in matters over which the City's Personnel Board or Hearing Examiner has jurisdiction (See Sections 4.6).
Except as otherwise provided herein,the Union shall have the exclusive right to represent all employees
and to control the submission of grievances to arbitration. In accordance with its obligation to fairly
represent employees,the Union shall be authorized to withdraw,abandon or settle any grievance at any
time.
Section 4.3. Binding Arbitration. If the grievance is not resolved in Step 3 of the grievance
procedure, the Union, on behalf of the employee(s)who filed the grievance, may refer the grievance to
binding arbitration within five (5)working days after receipt of the City's answer in Step 3. The parties
shall attempt to agree upon an arbitrator within ten (10) working days after receipt of notice of referral
and in the event the parties are unable to agree upon an arbitrator within said ten (10)workday period,
AFSCME 8
either or both parties may request the Federal Mediation and Conciliation Service to submit a panel of
five (5) arbitrators. Both the City and the Union shall have the right to strike two names from the panel.
The parties shall alternately strike one name at a time. The remaining person shall be the arbitrator. The
arbitrator shall be notified of his/her selection within five (5) working days by a joint letter from the
parties requesting that he/she advise the parties of his/her availability for a hearing.
Section 4.4. Authority of Arbitrator. The arbitrator shall have no right to amend, modify, ignore,
add to, or subtract from the provisions of this Contract. He/She shall consider and decide only the
specific issue submitted to him/her in writing by the parties, and shall have no authority to make a
decision on any other issue not so submitted to him/her. The arbitrator shall submit in writing his/her
decision within thirty (30) days following close of the hearing or the submission of briefs by the parties,
whichever is later, provided that the parties may mutually agree in writing to extend said limitation. The
decision shall be based solely upon his/her interpretation of the meaning or application of the express
terms of this Contract to the facts of the grievance presented. Consistent with this section,the decision of
the arbitrator shall be final and binding.
Section 4.5. Expenses of Arbitration. The fee and expenses of the arbitrator shall be paid by the
party not prevailing in the decision of the arbitrator. If only one party wishes a written transcript, it shall
be the party's sole financial responsibility. If both parties wish the transcript, they shall split the cost.
Each party shall be responsible for compensating its own representative and witnesses.
Section 4.6. Election of Remedies. Disciplinary actions may be grieved under the
grievance/arbitration provisions contained in this Article or to a Hearing Examiner, who shall be
selected by utilizing the procedures outlined in Section 4.3 of this Article. Disciplinary actions that may
be appealed through the Hearing Examiner process include only removals,suspensions or demotions. A
grievance involving the interpretation or application of this Agreement may be grieved solely under the
grievance/arbitration provisions contained in this Article. Grievances regarding certain non-disciplinary
matters, such as disagreements as to the waiving or application of changes to personnel rules or other
work rules or policies may be filed via the Personnel Board procedures. The decision of the hearing
officer shall be final and binding. The cost of a Hearing Officer shall be paid by the City. Any
proceedings before the Hearing Examiner shall be conducted pursuant to the attached Hearing Examiner
Rules.
AFSCME 9
Section 4.7 Grievances Involving Discipline. Discipline shall only be for cause but shall not
include informal counseling or oral reprimands that are not written up and placed in the employee's
Personnel file. Written reprimands, suspensions, and dismissals shall be considered discipline. Any
employee who has completed the working test period (probationary period) and who is disciplined may
file a grievance concerning same. Grievances involving disciplinary actions, may be filed at Step II of
the grievance process as set forth in Section 4.2 or, if applicable,through the Hearing Examiner process
as stated in Section 4.6. Written reprimands may only be grieved through Step III of this procedure.
The City will review and consider the length of time of previous reprimands as part of the progressive
discipline process.
Section 4.8. Union Stewards. Union Stewards shall be designated by the Union. The Union shall
be entitled to 18 Stewards distributed as follows:
Sanitation 3
Parks Maintenance 2*
Fleet Management 2*
Water/Sewer 2
Streets and Streetlights 1
Property Management 1
Recreation & Parks Department& Bass Museum 4
Parking Department 1
Chief Steward (Police Department) 1
Fire Support 1
* Each at a different location.
The Chief Steward (or President) shall have the right to function in the absence of any designated
Steward. The Union shall certify in writing to the City the names of the Stewards in each of the
foregoing areas who shall be employed in said area. Stewards shall be permitted during working hours
without loss of pay,to investigate,discuss and process grievances in their respective areas;provided the
following conditions are met: (1)They first secure the permission of the Supervisor designated by the City
for this purpose(such permission shall not be unreasonably denied); (2)The Supervisor shall be notified
24 hours prior to investigating, discussing, and processing grievances on City time (shorter notice may
be given to the Supervisor in the case of an urgent matter);and (3)The Union Steward or Representative
will report his/her return to work to the immediate Supervisor upon conclusion of the use of time for
grievance under this section.
AFSCME 10
Section 4.9. Grievance Meeting Grievance meetings shall be held at mutually agreed to times
and places. Where practicable, the parties should schedule such meetings during working hours.
Section 4.10. Union Representation. The Union, in accordance with Chapter 447.401, Florida
Statues, shall not be required to process grievances for employees who are not members of the Union.
The Union will, however, be notified of the filing of all grievances and shall have a right to be present at
any scheduled meetings or hearings held pursuant to Section 4.2 (Grievance Procedure). In addition,
the union shall be notified of all proposed grievance settlement with any bargaining unit member in
writing prior to the final disposition of a settlement agreement.
The City shall notify the Union of all grievances filed by bargaining unit members, scheduled meetings,
and hearings at Step III of the grievance process pursuant to Section 4.2. In addition,the Union shall be
notified of all proposed grievance settlements with any bargaining unit member in writing prior to final
disposition of a settlement agreement.
Section 4.11 Union Time Bank
The City agrees to provide a time bank of 1040 hours per year to be used by the Union President and
his or her designee to conduct union business. No more than two (2) of the designated union
representatives may use time from the union time bank at the same time. The President or designated
union representative shall provide a minimum of twenty-four (24) hours notice to the appropriate
Department or Division Director or designee for any leave to be granted. If the union time bank is
exhausted prior to the start of the next contract year, no more paid time off to conduct union business on
City time shall be requested, paid or approved, unless done with employees' individual leave balances
from leave other than Sick Leave.
Section 4.12. Ernpl®yee Rights During Meetings or Interviews.
a) An employee shall be entitled to request Union representation at all meetings where the
representative of the City intends to seek to gain information from the employee, which may
become a part of the written disciplinary record or may result in a written warning/reprimand of
the employee.
b) The employee shall be informed of the nature of the meeting, the alleged conduct, and if
requested, be given a reasonable period of time prior to the meeting to contact and consult with
AFSCME 11
the Union. Nothing contained herein shall preclude an employee from legal representation in the
event of a criminal investigation.
c) All meetings will be held in the City at a reasonable hour during the employee's shift or
contiguous to the shift on the clock, unless an emergency or serious condition prevents such
action.
AFSCME 12
ARTICLE 5
NO STRIKE AND NO LOCKOUT
Section 5.1. No Strike. The parties hereby recognize the provisions of Chapter 447, Florida
Statutes, which define strikes, prohibit strikes, and establish penalties in the case of a strike and
incorporate those statutory provisions herein by reference. The parties further agree that the City shall
have the right to discharge or otherwise discipline any employee(s) who engage(s) in any activity
defined in Section 447.203(6) of the Florida Statutes.
Section 5.2. No Lockout. The City will not lockout any employees during the term of this Contract
as a result of a labor dispute with the Union.
AFSCME 13
ARTICLE 6
MANAGEMENT RIGHTS
It is recognized that except as stated herein, it is the right of the City to determine unilaterally the purpose
of each of its constituent agencies, set standards of service to be offered to the public, and exercise
control and discretion over its organization and operations. The Union recognizes the sole and exclusive
rights, powers, and authorities of the City further include but are not limited to the following: to direct
and manage employees of the City; to hire, promote, transfer, schedule, assign, and retain employees;
to suspend, demote, discharge or take other disciplinary action against employees for just cause; to
relieve employees from duty because of lack of work, funds or other legitimate reasons; to maintain the
efficiency of its operations, including the right to contract and subcontract existing and future work; to
determine the duties to be included in job classifications and the numbers,types,and grades of positions
or employees assigned to an organizational unit, department or project; to assign overtime and to
determine the amount of overtime required; to control and regulate the use of all its equipment and
property;to establish and require employees to observe all applicable rules and regulations;to conduct
performance evaluations; and, to determine internal security practices; provided however, that the
exercise of any of the above rights shall not conflict with any of the express written provisions of this
Agreement. The Union, its officers, agents, and members agree that they will not interfere with
Management in the performance of its duties. The City agrees that, prior to layoff of bargaining unit
members, it will advise the Union.
If, in the sole discretion of the City, it is determined that civil emergency conditions exist, including but
not limited to riots, civil disorders, hurricane conditions, or similar catastrophes, the provisions of this
Agreement may be suspended by the City Manager or his/her designee during the time of the declared
emergency, provided that wage rates and monetary fringe benefits shall not be suspended.
Should an emergency arise, the Union President and Staff Representative shall be advised as soon as
possible of the nature of the emergency. Nothing contained in this Agreement shall prohibit the
implementation of personnel actions the City deems necessary to comply with the Americans With
Disabilities Act (ADA).
AFSCME 14
ARTICLE 7
HOURS OF WORK AND OVERTIME
Section 7.1. Purpose. This Article is intended to define the normal hours of work and to provide the
basis for the calculation and payment of overtime. It shall not be construed as a guarantee of hours of
work per day or per week, or of days of work per week.
Section 7.2. Normal Workday. The normal workday shall consist of eight (8) or ten (10)
consecutive hours of work, exclusive of the lunch period, in a twenty-four (24) hour period. Prior to any
change in the normal workday of a group of employees,the City will discuss the proposed change with
the Union.
Section 7.3. (Normal Workweek. The normal workweek shall consist of forty(40) hours per week.
The workweek shall begin with the employee's first regular shift each week. If the workweek is
changed, the employee will normally be notified fourteen (14) calendar days prior to the effective date
of change; provided that shorter notice may be given if circumstances do not permit the giving of
fourteen (14) calendar days notice; provided further that it may be changed upon shorter notice upon
agreement by the Union. Agreement shall not be unreasonably denied. The implementation of this
provision shall not be arbitrary and capricious.
Section 7.4. Weekly Overtime. For all hours worked in excess of forty (40) hours during an
employee's workweek, the City will pay the employee at the applicable overtime rate.
Effective_upon ratification of this Agreement only actual hours worked shall be considered for the*-,--- For natt
Purposes of computing overtime. Paid leave, including but not limited to annual holiday,sick,family and Formatt
adjust sp
medical FMLA , birthday, floating holiday., bereavement,- ensatory and administrative leave shall Don't adj
( ) Y t -----------
� numbers
not be considered as time worked for the purpose of computing overtime. Formatt
\`, Formatt
Forenatt
Section 7.5. Distribution of Overtime Opportunity. Opportunity to work overtime shall be
distributed equally as practicable among employees in the same job classification in the same work
section and area starting with the most senior employee, provided the employees are qualified to
perform the specific overtime work required. Seniority for the purpose of this subsection only shall mean
length of continuous service in the division in question. Overtime opportunities shall be accumulated on
AFSCME 15
adequate records (which shall be available to the Union and employees with overtime rosters posted on
divisional board and updated monthly)and offered overtime not worked shall be considered as worked
in maintaining these records. If any employee establishes that he/she has not received his/her fair share
of overtime opportunities, such employee shall have first preference to future overtime work until
reasonable balance is recreated. Employees who have been recorded for overtime hours not worked
shall not be discriminated against with respect to future overtime opportunities or job assignments.
Overtime worked shall be voluntary, whenever possible. On a particular job, an employee may be
asked to complete work in progress during overtime when hazardous conditions are present.
The Cityr agrees-to-discuss how overtime is distributed-at-labor/management-meetings, that will include -fFormatt
the respective Department Director, Division Director(s) and a representative from the Labor Relations
Division. The agreement to meet and explore options is not a guarantee that changes will be made.
Meetings shall be scheduled within thirty (30) days from date of*ratification_of-this-Agreement- ---------- Fortrmatt
•------------------------------------------------------------------------------- Formatt
Section 7.6. No Pyramiding. Compensation shall not be more than once for the same hours.
Section 7.7. Paid Leave as Time Worked for Purpose of Computing Overtime. A helidey
Effective upon ratification of this Agreement, in instances where the Public Works
Director, or his designee, sends an employee home on administrative leave to rest after working twelve
(1 2) additional hours or more, contiguous to the employee's regulate, as a result of an operational
emergency, such period of administrative leave shall be considered as time worked for the purposes of
computing overtime.
Section 7.5. Rest Periods. Each employee shall be granted a fifteen (15) minute rest period with
pay which will be scheduled whenever practicable approximately midpoint in the first one-half of the
employee's regular work shift and in the second one-half of the shift.
Section 7.9. Seventh Consecutive Day of Work. For all hours worked on an employee's
seventh consecutive workday within his/her workweek, the City shall pay two (2) times the employee's
straight time hourly rate of pay, provided the employee has worked his/her full shift on each of the six
(6) preceding workdays; provided that paid leave will not be considered as time worked for the purpose
AFSCME 16
of this Section. This provision shall not be applicable if a substantial number of employees are scheduled
to work seven (7) consecutive workdays because of an emergency such as a hurricane.
Section 7.10. Shift Starting Time.ime. If the scheduled shift starting time of an employee is changed,
the employee will normally be notified ten (10) days prior to the effective date of change; provided that
shorter notice may be given if circumstances do not permit the giving of ten (10) days notice.
Section 7.11. Reporting P . An employee who reports to work as scheduled will be guaranteed
eight (8) hours of work or eight (8) hours of pay at the applicable rate; provided, however, if the
employee does not perform the work assigned to him/her(within or below his/her classification) he/she
shall not receive any pay for time not worked.
Section 7.12. Call-In and Call-Back Pay. An employee who is called to work outside of his/her
normal hours of work will be guaranteed four(4) hours of work or four(4) hours of pay at the applicable
rate; provided, however, if the employee does not perform the work assigned in his/her job
classification he/she shall not receive any pay for the time not worked.
This provision shall not apply to an early call-in or early report which overlaps into the employee's
regular shift. In such case, the early call-in or early report time will be compensated at the employee's
regular rate of pay or at the rate of time and one-half the regular rate of pay if the total hours worked in
the workweek exceed forty.
Section 7.13. Work Schedule. Work schedule shall normally show the employees' shifts, work
days, and hours, and shall be posted when necessary on an appropriate bulletin board.
Section 7.14. Standby. Employees expressly assigned to standby status shall receive two (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
AFSCME 17
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.
i
AFSCME 18
ARTICLE 8
WAGES AND 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
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.
Effective upon ratification of this Agreement, the 2009 Condrey & Associates Job Classification and
Compensation Study, as adjusted in 2013 and further provided for by the 1, 2014 Cost of Living
Adjustment(COLA),will be implemented for all bargaining unit classifications,establishing the minimum
base pay for all bargaining unit classifications in accordance with "Scale C" of the study, and the
maximum base pay for all bargaining unit classifications in accordance with "Scale B" of the study.
Notwithstanding the above, employees whose current base pay is below the minimum of the pay range
for their classification pursuant to "Scale C," shall have their current base pay increased to equal the
minimum of the pay range for their classification pursuant to "Scale C." Those employees whose base
pay, at time of ratification of this Agreement, is over the maximum of the pay range for their
classification pursuant to "Scale B" of the study, shall be allowed to retain their current base pay.
However, they shall be ineligible to receive future cost of living�adiustments (COLAs) and/or merit
increases until such time as their base pay is once again within the salary range of their classification.
Formatt
No employee's base pay shall thereafter exceed, for any rem,the applicable maximum base pay for
the pay ran a of the employee's classification, except as otherwise stated herein.
Attached as Exhibits "2A" and "2B" are the classification and compensation plan as well as pay
ranges, that will take effect upon ratification of this Agreement.
The City will conduct and complete o_(ob classification-audit of the Storekeeper III position in the Public---_- Formatt
Works Department.
AFSCME 19
No bargaining unit member who left the City's employment prior to the date of ratification of this
Agreement by both parties will be eligible for any wages or benefits under this Agreement.
Cost of Living Ad*ustment (COLA) _________------------------------------------------------ Formatt
I o.) Effective May 1, 2013,there shall be no across-the------ Formatt
0.31"
board wage increase for any bargaining unit positions. Also, there shall be no increase on the
Iminimums and maximums of each job classification pay range. (Exhibits "1 A" and
b.) Effective " April 1, 2014,there shall be man across-
the-board wage increase of two percent (2%)-for any bargaining unit pesiti member whose
base pay does not exceed the maximum of the pay range for their classification,as determined bX
the 2009_Condrey&Associates Job Classification and Compensation Studer("Scale B") including
subsequent amendments. Also, there shell be ne inGFeese effective April 1, 2014, the � Formatt
minimums and maximums of each job classification pay-range will increase by two percent(2M6 .
(Exhibit "1 C")
c.) Effective Aril 1 2015,there shall be an across-
the-board wage increase of theee r.,.Feent "°/'one percent (1%) for III—aa bargaining unit
pesiti smember whose base pay does not exceed the maximum of the pay range for their
classification, as determined by the 2009 Condrey & Associates Job Classification and
Compensation Study ("Scale B"), including subsequent amendments. Also, effective April 1 F
2015, the minimums and maximums of each job classification pay range will increase by*Fee
pe ne percent(1*/o ,.feed.,with the fiMt fUll pey peFied eRdi.g on ApFi 2012. Exhibit
"2C")
Merit Increase
•----------------------------------------------------------------------------- Fonnatt
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.
AFSCME 20
Thim- Emil ing language does not apply for this Employees Whe Fec e ef ninety (90) eF abeye She" Fec-eiye a feUF peFeent Agreement:
o
'
peFeent
o
EFnpieyee--; ys6e rer-- e ef less then eighty (80), but sixty (60) eF '
peFeent
o AR 0
The following language applies f.wn.r tillatiss • o
Employees who receive a score of sixty(60) or above shall receive a two percent(2%) increase on their
merit review date-, provided that the employees' base pay shall not exceed the maximum of the pay
range for their classification.
Employees who receive a score of less than sixty (60) shall not receive a merit increase.
FeF the peFied ef Mey 1, 2010 thFeugh ApFil 30, 2011 and May 1, 2011 thFeugh ApFil 30, 2012,theFe
, ell
o PneFit
If an employee's merit rating score does not qualify him/her for a merit increase, the employee may
grieve the evaluation up to Step 3 under the provisions of this Agreement.
Section 8.2. Shift Differential. There shall be a shift differential of forty five cents ($.45) per hour
for work performed at the City's request on shifts beginning after 2:30 P.M.and at or before 11:00 P.M.
There shall be a shift differential of fifty five cents ($.55) per hour for work performed at the City's
request on shifts beginning after 11:00 P.M. and before 6:00 A.M.
AFSCME 21
Section 8.3. Holidays. The following fourteen (14) days shall be considered holidays: New Year's
Day, Dr. Martin Luther King's Birthday, President's Day, Memorial Day, Independence Day, Labor Day,
Veterans Day, Thanksgiving Day, the day following Thanksgiving, Christmas Day, three (3) floating
holidays, and the Employee's Birthday. Employees shall become eligible for floating holidays and the
Birthday Holiday upon completing six (6) months continuous service with the City.
Section 8.4. Holiday Pay. Effective-upon_ratification of this Agreement, €employees_shall_receive_-_-- Formatt
eight (8) or ten 10 hours pay, whichever is applicable based on the employee's regularly assigned
work shift, at the employee's regular rate of pay for holidays not worked. €ffeeefikgeNleveaeF', '' ;
an empleyee whe as scheduled te WeFk en e holiday Shell time end ene half(I V2) his/heF FeqUIeF
To be eligible for holiday pay, an employee must report for scheduled work on the holiday, on the last
scheduled day preceding the holiday, and the first scheduled day following the holiday unless such
absences are excused. Excused absences are defined as:
1) an absence due to serious illness or injury;
2) approved annual leave;
3) floating holiday;
4) birthday.
For work on a holiday falling on an employee's regularly scheduled
work day, he/she shall be paid for the number of hours actually worked at his/her regular or overtime
rate, whichever is applicable, plus eight(8) or ten (10) hours holiday pay, depending on the number of
hours in the employee's regularly assigned work shift, at the regular rate of pay.
Should on employee be required to work on o holiday falling oP n his/her day off, he/she shall be paid*----=Foa
for the number of hours actually worked at his/her regular or overtime rate,whichever is applicable, plus
eight (8) or ten (10) hours holiday.pay, depending on the number of hours in the employee's regug larly
assigned work shift, at the regular rate of pay.
AFSCME 22
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, floating holiday,
bereavement, compensatory and administrative leave shall not be considered as time worked for the
purpose of computing overtime.
Section 5.5. Rate of Pay When Working Out of Classification. An employee may be
required to temporarily work out of his/her classification when directed by management. Temporarily is
defined as an employee who is clearly and definitely performing the principal duties in a higher pay
classification for more than one hour per day, and they shall not exceed 580 hours in a 12-month
period, and shall be paid as follows, except at the sole discretion of the Human Resources Director,
he/she may waive the 580 hour cap if in his/her judgment, it will best serve the needs of the City
service:
a) Out of class pay shall be distributed as equally as practicable among employees in the same
job classification in the same work section.
b) If he/she is temporarily working in a lower classification, he/she shall receive his/her hourly
rate in his/her regular classification. Employees will not be assigned to lower classification
work as punishment or to demean the employee.
C) If he/she is temporarily working for one or more consecutive hours in a higher paying
classification, he/she shall be paid an hourly rate of one dollar($1.00) per hour to be added to
the employee's straight-time rate of pay.
Employees being trained with on-site supervisory assistance in a bona-fide training program for a higher
paying classification will be paid their current rate in their regular classification during such training
time.
Section 5.6. Uniforms. The City will provide uniforms to bargaining unit employees who are
required to wear them. The composition of the uniform shall be determined after consultation with the
Union. The Uniforms issued shall be chosen based on considerations of employee safety and comfort,as
well as cost. Issued uniforms will be replaced by the Department upon presentation of worn or damaged
uniform items by the employee no less than once per year. Each Department Director shall provide
necessary safety/foul weather gear, as appropriate.
AFSCME 23
i
The vendors will deliver the uniforms in the month of April of each year for the term of this Contract.
All employees shall receive six uniforms.
Six pants or shorts (if appropriate)
Six shirts
Six T-Shirts
One Uniform Jacket one jacket during the term of the contract
( I 9 )
Sponsorship: In the event that the City enters into an agreement with any outside sponsor concerning
uniforms that may be issued to any employee(s) (but not necessarily all employees) who are in the
AFSCME bargaining unit, the Union agrees that these sponsored uniforms may be issued to satisfy the
contractual uniform obligations. The Union agrees that no additional contract obligations concerning
uniforms are hereby created, and that such sponsored uniforms may be discontinued at any time by the
City. The issuance and/or discontinuance of any such uniforms pursuant to such a sponsorship
arrangement shall not be subject to any grievance or appeal process.
Secti®n 8.7. Safety Shoes. Employees in the following job classifications will be required to wear
safety shoes during all working hours. Effective October of each year a safety shoe certificate will be
provided to those employees in the following job classifications for the purchase of safety shoes meeting
ASTM F2413-05 Federal Safety Standards.
Those employees in the following classifications will make his/her safety shoe selection from a
predetermined list of safety shoes, which will be developed by the Shoe Safety Committee comprised of
two (2) Union representatives and two (2) Management representatives.
Assistant Pumping Mechanic Mechanic I, II and III
Diesel Generator Mechanic Municipal Service Worker I, II and III
Building Services Technician Municipal Service Worker Trainee
Building Supervisor Park Supervisor
Concession Attendant* Pest Control Supervisor
Control Room Operator Pumping Mechanic
Central Services Technician Recreation Leader I and II*
Fire Equipment Mechanic Recreation Program Supervisor*
Fleet Service Representative Sewer Supervisor
Heavy Equipment Operator I and II Sewer Pipe Fitter
Ice Rink Technician Sign Maker
Irrigation Systems Supervisor Street Supervisor
AFSCME 24
Street Lighting Technician I and II Water Meter Technician I and II
Stores Clerk Waste Collector
Storekeeper I, II and III Waste Driver Supervisor
Storekeeper/Mechanic Water Pipe Fitter
Tree Trimmer Water Supervisor
*Effective upon ratification of this Agreement, the Concession Attendant, Recreation Leader I & II and
Recreation Program Supervisor classifications shall be added to the list of classifications eligible to
receive shoe certificates.
Employees receiving the safety shoe certificate will be required to purchase and wear the safety shoes
during all working hours unless medically prohibited by workers compensation or primary physician,and
will be subject to up to the loss of a day's pay for each day that the employee reports to work and fails
to wear the required safety shoes. Action taken against the employee under this Section shall not be
appealable to the Hearing Examiner or grieveable under this Agreement. The City Manager's designee
for Labor Relations shall review any questions on the interpretation of this paragraph.
When, due to extreme wear and tear or accidental destruction, a replacement pair of safety shoes is
required, the City will grant an additional shoe certificate.
Section 8.8. Vacation Benefits. Consistent with applicable ordinances, the vacation benefits
presently enjoyed by the employees covered by this Contract shall continue for the term of this Contract.
Section 8.9. Meal Allowance. An employee who works three (3) consecutive hours or more of
pre-shift or post-shift overtime shall be paid $7.00 unless meals are provided by the City. Employees
shall receive compensation within three (3) months.
In the event employees are supplied with a meal while working the overtime hours, the meal allowance,
as provided under this Section, shall cease.
Section 8.10. Jury and Witness Duty. The City shall permit employees to keep either payments
received from courts of competent jurisdiction for being on jury duty or in the alternative his/her standard
rate of pay, plus reimbursement of court parking expenses, upon presentation of a receipt for such
expenditure.
AFSCME 25
For each day an employee is called to jury duty, he/she shall be excused from work for such time as is
necessary to complete jury duty service. If three (3) or more hours are left in the employee's work shift
upon release from jury duty, the employee shall immediately contract his/her immediate supervisor for
instruction regarding his/her return to work.
An employee subpoenaed as a witness(not a defendant) for a matter which has arisen in the employee's
performance of duties, shall be granted temporary leave of duty with pay equal to the difference
between the employee's re regular rate of a and an witness fees received.
9 pay Y
An employee who is a defendant in a matter which has arisen in the employee's performance of duties
and who is adjudged not guilty or not liable will be reimbursed for work time lost by reason of time spent
in court.
Section 8.11. Tool Allowance. Effective zlenueFy 1, 20)2 anuar 1, 2013, employees in the
Mechanic II, Mechanic III, and Fire Equipment Mechanic job classifications shall receive a tool
Iallowance of�;fteen DUg1 forty dollars ($ 40.00) per pay period; employees in the Mechanic I and
Storekeeper/Mechanic job classifications who regularly are required to use their own personal tools as
part of their job duties, shall receive a tool allowance of Ten Dollars ($10.00) per pay period. As a
condition precedent to being eligible to receive the tool allowance outlined herein, the following will
apply:
Management will produce a detailed list of tools that the tool allowance recipient must have in his/her
on site tool box inventory. Further, such tool inventory shall not include tools manufactured by companies
that do not offer a 100% tool replacement warranty policy, except for those drill motors or electronic
tools that may have less than a 100% warranty. In the limited exception for electric drill motors or
electronic tools, all such electric drill motors or electronic tools shall be of professional, industrial grade,
manufactured by known quality vendors.
Those employees who do not have all the required tools on the tool inventory shall not receive the tool
allowance. Should the individual wish to be re-considered for the tool allowance, he/she may purchase
the missing inventory tools and then re-apply for the tool allowance the following month.
Failure to complete the tool purchase within two (2) weeks will be cause for the employee to be
AFSCME 26
eliminated from consideration for receipt of the appropriate tool allowance. Future compliance with the
tool inventory will allow the employees in those classifications as outlined above to be eligible to receive
the appropriate tool allowance.
i
Each employee will submit to Management a complete inventory of the tools which they maintain at their
job site for working on City vehicles, annually. One (1) hour of time to prepare the annual inventory of
tools shall be done on City time once a year.
Each employee shall make his tools available to Management staff for an inventory and/or safety check
upon reasonable notice.
Section 8.12. Bereavement. In case of death in the immediate family of an employee, time off
with straight-time pay will be allowed of two (2) scheduled work days off per death and four (4)
scheduled work days off per death if the funeral is held outside the State of Florida. The immediate
family shall be defined as father, mother, husband, wife, sister, brother, son, daughter, grandchild,
grandfather,grandmother, mother-in-law, father-in-law,stepfather,stepmother,stepson,stepdaughter,or
domestic partner as defined in the Domestic Partner Ordinance. Additional time off may be granted by
the Department Head, in writing, chargeable to the employee's accrued sick or vacation leave. In such
circumstances such additional sick leave shall not count against an employee for purposes of
performance evaluations.
Section 8.13. Pay Periods. Pay day shall normally be every other Friday. In the event such a
Friday is a holiday or scheduled day off, the City shall attempt to pay on the preceding day.
Section 8.14. Injury Service Connected. An employee who is absent from duty because of injury
which the City Manager or his/her designee determines is the direct result of the employee's
performance of duties on behalf of the City, shall continue to receive pay during such absence in
accordance with applicable City ordinances. Such pay may continue for a period of time not to exceed
sixteen (16) weeks unless extended by the City Manager or his/her designee with the approval of the
City Commission. Pay during the period of such absence will be computed as follows:
Employees who are entitled to pay because of injury service-connected,will be paid an amount which is
equal to the difference between their normal City pay and the amount of compensation payable under
AFSCME 27
the provisions of the Worker's Compensation Law of the State of Florida. A normal day's pay shall be
1/10 of the biweekly rate of pay.
Section 8.15. Certificates. If an employee is required by law for the performance of his/her work,
to obtain a certificate for the spraying of insecticides, or a pumping station operator certificate, or a
certificate to handle chlorine, the City shall pay the fee for such certificate. The Labor-Management
Committee shall discuss whether higher pay ranges may be appropriate where certificates are required.
Section 8.16. Pay for Hazard Duty. Effective November 1, 2001, employees working hazard
duty will be paid $1.00 an hour for time actually spent in these activities. Hazard duty applies to the
following activities:
a. Spraying hazardous chemicals (The definition of "hazardous" shall be consistent with the current
definition as of ratification).
b. Diving with scuba gear
c. Working in trenches five (5) feet or greater
d. Working in raw sewage
e. Working forty (40) feet or higher on aerial lift operations
f. Boat Operator
g. Hazardous chemical application as defined by MSDS
h. Fuel Truck Operator
Section 8.17. Changes in Benefits. The City acknowledges its obligation under state law to notify
the Union of any change in a benefit contemplated by the City and permit the Union to bargain over
such a change, to the extent that state law requires such bargaining.
Section 8.18. Pension,DROP&Retiree Health. The Miami Beach Employees' Retirement Plan
(MBERP) is the pension plan for bargaining unit members, except for those employees who previously
elected to remain in the 401-A retirement program (in lieu of participating in the City's pension plan).
The current benefits and member contributions provided by the MBERP shall remain in effect for the term
of this Agreement, except as follows:
AFSCME 28
1. For employees hired prior to April 30, 1993 who participate in the MBERP, the employee
pension contribution shall increase by 2%of earnings, from 10%to 12%of earnings, effective
upon ratification of this Agreement ,
2013. For employees hired on or after April 30, 1993 who participate in the MBERP, the
employee pension contribution shall increase by 2%of earnings, from 8%to 10%of earnings,
effective upon ratification of this Agreement
. The additional two percent (2%) pension contribution shall cease for
bargaining unit members hired prior to September 30, 2010, if and when the actuary for
MBERP confirms that the City's annual required contribution to the plan is twenty-three and one
half percent (23.5%) of pensionable payroll or less.
2.
Effective one(1)year from date of
ratification of this Agreement, the option to purchase up to two (2) years of prior creditable
service shall be eliminated for all employees covered by this Agreement.
�----fForfnatt
3. date h 1 1
any new Te'yG�� e�e date this a Feemen♦ i etifi d, exee t fen these
:n Appendix 2.Effective upon ratification of this Agrees, 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 ON 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., Formatt
------ Formatt
.Notwithstanding-the-foregoing, nothing_herein-shall_preclude an-employee-who is oresentivt, single, 'N
Formatt
participating in the DROP from their continued active employment and termination of F F pt,(A
employment in accordance with their original DROP separation date.. Formatt
.................. spacing:
FeF the teFRA I-9f thi-A A.Weement,the Defeff-PE-1 Retirement Option Plen (DROP)will eent eFdanee
40046 Qrc-linence No. 2006 3504, as amended.
�� Formatt
Formatt
AFSCME 29
The parties agree that any bargaining unit member who previously elected to participate in the 401-A
retirement program (in lieu of participating in the City's pension plan) shall be required to work at least
I
ten (10) years before becoming eligible for any retiree health benefits from the City.
Any bargaining unit member who is eligible for retiree health benefits from the City must make a one-
time irrevocable election to continue receipt of health benefits via the City's plan at the time that the
employee terminates City employment. The parties also agree that if a member initially elects to continue
under City health insurance, but thereafter discontinues or is discontinued from such coverage, then the
retiree may resume coverage only at their own expense,without any employer contribution whatsoever.
Employees hired on or after September 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.
Section 8.19.Training and Training Programs. The City and the Union agree that the training
and development of employees within the bargaining unit is mutually beneficial. The Union will be kept
informed of all training programs. The Union may make recommendations to the City relative to the
training of employees within the bargaining unit. The City will consider recommendations and
improvements submitted by the Union. The parties agree to meet at the request of either party for the
purpose of exchanging information concerning the overall training of employees within the bargaining
unit.
Section 8.20. Skill Pay Supp- lement.
IEffective January 1, 20022013, the Skill Pay Supplement wilIbeis as follows:
AFSCME 30
Automobile Technicians/Medium/Heavy Truck Technicians
3 to 5 Certifications $4055.00/month
6 to 7 Certifications $9095.00/month
"Master" Auto Technician or $18135.00/month
Medium/Heavy Truck
Technician
Fire Mechanics
Level 1 Fire/Ambulance $5065.00/month
Level 2 Fire/Ambulance $90105.00/month
EVT Master Fire/Ambulance $4-30145.00/month
Natural Gas ASE Certification
I $2035.00/month
Parts Specialist
3 of 3 Certifications
$4055.00/month
INote: The maximum Skill Pay Supplement Benefit weuld beis $ 40200.00/month
Section 8.21. Health Insurance
a. The City shall offer medical, dental, and life insurance benefit plans to full-time bargaining unit
employees and their legal dependents during the term of this Agreement. The City will continue
to pay at least fifty percent (50%) of the premium cost for eligible employees. The City will
continue to offer alternative plans as options for employees. The City may change insurance
carriers and/or the scope and level of benefits in any plan. The City also may change the
percentage of premium cost paid by the City (i.e., provided that it remains at least 50%) from
year to year for any one or more of the optional plans available, depending upon the scope
and level of benefits available in each of the optional plans.
b. The City agrees that it will not change the level of benefits during the term of this Agreement
without first consulting with the Group Insurance Board, or 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. In the event that the City materially reduces the scope and level of
benefits in the current base (PPO or HMO) plan then the Union may request post-implementation
impact bargaining. The Union waives impact bargaining over any changes to any optional
plan.
AFSCME 31
c. Employees in the bargaining unit shall be eligible to participate in the City's flexible and
voluntary benefits plans,which may be modified by the City from time to time. The flexible and
voluntary benefits plans shall be administered by the City.
Section 8.22 Essential Personnel(Hurricane 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 8.23 Landfall Team
Bargaining Unit employees designated to be part of the Landfall Team (designated Landfall Team
Members) shall be on a voluntary basis only starting with the most senior person in the same division.
There will be a list published by May 1 st of each year, according to seniority(updated monthly and/or
accordingly). Designated Landfall Team Members shall be compensated at a pay rate of one and one-
half of the employee's hourly rate of pay for all hours worked up to three (3) consecutive days.
Designated Landfall Team Members shall only qualify for the pay if the Landfall Team is activated by the
City's Emergency Operations Center(EOC). Landfall Team Members who report to duty will be paid for
the duration of the landfall Team activation for actual hours worked. During a weather-related
emergency event, if a designated Landfall Team Member fails to report for duty during their regularly
scheduled shift, where non-designated employees are directed to stay home, said employee will be
deemed non-essential and will be compensated "Administrative Hurricane Pay' for those hours that the
employee had been regularly scheduled. Administrative Hurricane Pay is compensated at a rate equal to
an employee's hourly rate of pay, and is not to be confused with Essential Personnel (Hurricane Pay) as
denoted in Section 8.22. Should a designated Landfall Team Member work in excess of forty(40) hours
during their regularly scheduled work-week, said employee will be compensated at a rate of time and
one-half their regular hourly rate for those hours worked above forty(40) hours. The City and the Union
agree that this compensation may or may not reflect the City's traditional payroll codes, however, the
compensation on the employee's paystub will reflect the time and one-half rate for all hours worked in
excess of forty (40) by the employee during their regularly scheduled workweek. Employees shall not
receive pay for both Essential Personnel (Hurricane Pay) (as described in Section 8.22) and Landfall
Team.
AFSCME 32
Designated Landfall Team Members shall be allowed up to four (4) hours to secure personal property
prior to a weather-related emergency event. During the weather-related emergency event,the City shall
provide designated Landfall Team Members with food, weather gear, and shelter rated to withstand a
category five(5) storm. Designated Landfall Team Members shall be required to seek shelter when winds
exceed 40 miles per hour.
The Landfall Team shall not erode the bargaining unit.
' I
i
AFSCME 33
ARTICLE 9
SENIORITY
Section 9.1. Definition. Seniority for purposes of application of this Agreement except as otherwise
stated is an employee's length of regular, full time continuous service with the City.
Section 9.2. Layoffs. When there is a reduction in force in any job classification (including those
resulting from a consolidation or elimination), employees will be laid off in the following order,and such
layoffs shall not have the effect of reducing the City's efforts to diversify the workforce:
a) Employees in the affected classification who have not completed their working test period
(probationary period) will be the first reduced.
b) In the event of further reductions in force, employees will be reduced from the classification
in accordance with their seniority and their ability to perform the work available. When
two or more employees have equal skill,ability and qualifications,the employee(s)with the
least seniority will be the first laid off.
A non-probationary employee reduced from a job-classification under(b) above may be transferred by
the City to another position of equal rate, or failing such transfer, he/she may exercise seniority to
replace the least senior employee in a lower rated job classification covered by this Contract where the
employee has equal skill, ability, and qualifications to perform the work; provided that the replacing
employee will be given an opportunity to become familiar with the work, receive basic instruction
concerning the work, and orientation on the operation of equipment, if any.
thFeUgh SeptembeF30, 2011 (Fiseel YeeF 2010 2011) and GetebeF 1, 2011 thFeugh septembeF ,
2012 (Fiseel YeeF 2011 201�z-r•
in the a nt that the - te-e--pesitien On Gv 2010 211 F Gv 2011 2012, th11i^„Perc�ev
empieyee shall be eger-ed a PI-esitien with the City. The City will effeF the impected empleyee a pesitien
feF Whieh they meet the Fninimum If that impacted empleyee's heudy Fete 05 ekAAO,. t6i-
FReMeMUFR heUFIY Fete ef the pesitien e4eFed, that empleyee.will Femein R-i f6eir heUFIY Fete &0en 4 theat
AFSCME 34
Section 9.3. Recalls. When there is a recall, employees on layoff with seniority will be recalled in
inverse order to their layoff, provided they are presently qualified to perform the work in the classification
to which they are recalled. No new employees shall be hired into a classification from which employees
have been laid off and remain on layoff status until such laid off employees are offered recall in
accordance with Civil Service Rules, which shall govern for recall purposes. Employees shall not be
transferred into or assigned to work out of class in a classification from which any employees have been
laid off and remain on layoff status, except on a temporary basis not to exceed a total of ninety (90)
calendar days in a six-month period.
Section 9.4. Break in Seniority. Seniority and the employment relationship shall be terminated
when a non-probationary employee:
a) quits voluntarily.
b) is laid off for more than one(1)year, or the employee's length of service,whichever is greater, up to
a maximum of two (2) years.
c) is terminated for cause.
d) retires or is retired.
e) fails to return to work at the expiration of any approved leave of absence.
f) fails to report to work within five (5) workdays after date of written notice of recall to work after a
layoff given by the City by certified or registered mail and addressed to the employee at his/her last
address appearing on the records of the City. It shall be the employee's responsibility to provide the
City with his/her current address.
g) an employee absent for a period of three (3) work days without notification of a valid reason to the
management of his/her department, and who has no legitimate reason for not notifying the
management of his/her department shall be considered as having resigned.
Section 9.5. Seniority Lists. Every six(6) months,the City shall post and/or provide for posting on
the Bulletin Boards described in Article X, a seniority list showing the continuous service of each
employee covered by this Contract and will also provide the Union with a list of new hires and
terminations within the bargaining unit during the prior six (6) months. A copy of the seniority list shall
be furnished to the Union. The seniority dates and rankings shall be deemed correct unless errors are
brought to the attention of the City within thirty (30) days following any posting.
AFSCME 35
Section 9.6. Union Officer Continuation of Duties. Except as otherwise provided by law, the
following Union officers, for the purpose of determining the order of layoff or transfer in lieu of layoff,
shall have top seniority within the bargaining unit: President, Vice-President, Secretary-Treasurer,
Recording Secretary and Chief Steward.
i
Section 9.7. Promotions. The term promotion as used in this Contract, means the advancement of
an employee to a higher paying classification. Whenever a bargaining unit job opening occurs, other
than a temporary opening, in any existing job classification or as the result of the development or
establishment of a new job classification,a notice of such opening shall be posted on all bulletin boards
for two (2) weeks.
During this period, eligible and qualified employees who wish to apply for the open bargaining unit
position or job after it has been announced, may do so. The application shall be in writing, and it shall
be submitted to the Human Resources Department.
If there is more than one (1) employee who is qualified for promotion to a job classification in a work
section for which no Civil Service examination is required by the Personnel Board, seniority shall be the
determining factor where two (2) or more employees within the same work section have equal skill,
ability, and qualifications.
Section 9.8. Demotions. The term demotion, as used in this Contract, means reassignment from a
position in a higher classification to a position in a lower classification. Demotions may be made to
avoid laying off employees, to provide employees with the opportunity to request changes to lower
grades for personal convenience, disciplinary reasons, or when an employee is unable to perform
satisfactorily the duties of his/her position.
Section 9.9. Preference for Out-of-Class Assignments. Employees who have been previously
permanently classified with regular status in a higher rated classification and who have been displaced
due to a layoff from that classification but remain in the same division, shall have a preference for any
out-of-class assignments to that classification for as long as he/she has recall rights to that classification.
Section 9.10. Shift Preference. By August 15f of each year,the City will allow employees to file for
shift preference(days off and start/end time). Shift Preference forms shall be filed eight(8)weeks prior to
AFSCME 36
the October 15'effective start date of new shift assignments each year. The City shall make assignments
to shifts using the Shift Preference forms for employees in the same job classification, within the same
work section within a division. Assignments to shifts shall be based on seniority, skill, ability and past
performance. If skill, ability and past performance among the persons seeking the reassignment are
equal, seniority shall govern. In the event that management determines that granting the reassignment
would provide unbalanced shifts or result in inexperienced persons or shifts without proper or sufficient
supervision,then the shift preference shall not be granted. Shift preference forms will be valid for twelve
(12) months from the filing date.
An employee who wishes to grieve the implementation of this provision of the contract may elect to
bypass Steps 1 and Steps 2 of the Grievance Procedure.
If a vacancy occurs after the effective start date, previously filed shift preference forms will be used to
assign a shift in a job classification which operates on more than one shift in a work section within a
division. Assignments to shifts shall be based on seniority, skill, ability and past performance. If skill,
ability and past performance among the persons seeking the reassignment is equal, seniority shall
govern. In the event that management determines that granting the reassignment would provide
unbalanced shifts or result in inexperienced persons or shifts without proper or sufficient supervision,then
the shift preference shall not be granted.
,Section-9.1 1. Teraooraiy-Employees._The City shall have the right to hire up to-fifteen-(l ) -"-- Formatt
------ --------
temporary employees in any bargaining unit position. Such temporary employees shall be paid at the
entry level step for the classification they fill. The City may exceed the cap on the number of temporary
employees hired in any bargaining unit position by the number of unused temporary positions from any
combination of other bargaining unit positions.
Such temporary employees so hired may not exceed one (1) year of employment. Further, temporary
employees may not work in a classification wherein a permanent Civil Service employee is laid off. •_---- Formatt
•----------------------------------------------------------------------------- Formatt
The City recognizes the integrity of the certified bargaining unit and will not use the temporary
appointment for the purpose of eroding the bargaining unit. Temporary employees will not be covered
by Civil Service or this Agreement except as specified herein.
AFSCME 37
Temporary employees will not receive any pension or fringe benefits, and they shall serve at the will of
the employer. Temporary employees may make application for bargaining unit jobs as permanent
vacancies are filled.
•----------------------------------------------------------------------------- Formatt
9.12 Vacations and Emergencies
ncies
aLWhen vacations are scheduled, permanent vacancies or shifts are filled, promotions are made to a
position within the bargaining unit, seniority shall apply when all other factors are equal.
e}hLSeniority will not apply in an emergency situation.
AFSCME 38
ARTICLE 10
GENERAL PROVISIONS
Section 10.1. Work Rules. The City will provide the Union with a copy of any written work rules
affecting employees covered by this Contract that are instituted or modified during the term of this
Contract. The Union will be provided with an opportunity to discuss any change in a work rule, and its
impact prior to implementation of the change. The current work rules will continue to be enforced,
however, the Union will be provided with the opportunity to suggest changes or alternatives to the
existing rules.
Section 10.2. Clean-up Time. When necessary at the end of the shift, employees shall be allowed
up to fifteen (15) minutes clean-up time to include personal and work area cleanup time. Where
facilities are provided, they shall be properly supplied.
Section 10.3. Safety.
a) The City agrees to comply with all laws applicable to its operations concerning the health and
safety of the employees covered by this Contract. Each employee covered by this Contract will be
required to comply with all safety and health rules and regulations established by the City. Each
employee shall be given a copy of any written safety rules. In case a claim of an imminent unsafe
condition which poses an immediate threat of loss of life or bodily harm, a Union Safety
Representative shall be entitled to present such complaints and/or claims to the supervisor of the
area in question or to the City Manager's designee. The City shall hold two(2) safety meetings per
year in the departments for all employees to further safety on the job.
b) When weather and operational conditions permit, employees may be permitted to ride on the rear
of work vehicles provided such transportation is safe and the employees are seated securely.
Management has the right to eliminate such transportation if, in the discretion of Management,such
seating and/or transportation is unsafe. When weather conditions are such that continual, heavy
rain, severe lightning or heavy wind storms are occurring in the immediate work area, the
employees will not ride in the back of an open vehicle.
c) During continual, heavy rain (downpour) or severe lightning storms, employees will take shelter or
they will be directed to other work or training, so as to not be exposed to the severe lightning or
heavy rain storms.
AFSCME 39
Section 10.4. Safety Glasses. If an employee requires prescription glasses to perform work and
the hazards of his/her job are such that special safety glasses are necessary to ensure safe working
conditions, the City will provide them. Such requests shall be subject to the approval of Risk
Management.
Section 10.5. Safety Equipment. The City will periodically issue certain safety equipment
(including but not limited to a safety vest, a hard hat, safety glasses, hearing protection, chaps, shin
guards, etc.) to each employee who must use such safety equipment while performing their duties as
determined by the City's Risk Management Department. Safety equipment damaged through non-
negligent use at work must be returned to the City for replacement at no charge. However,the employee
will be charged for any additional safety equipment to replace lost, misplaced, mistreated,and/or stolen
equipment. Employees who are issued safety equipment by the City must wear that safety equipment as
part of their uniform during all working hours when such safety equipment is necessary, and will be
subject to progressive discipline each time that the employee reports to work or a job site without the
required safety equipment. Action taken against the employee under this Section shall be appealable up
to Step III. The City Manager's designee for Labor Relations shall review any questions on the
interpretation of this paragraph.
Section 10.6. Emergency Medical Attention. The City agrees to place first aid kits at various
work locations throughout the City. Furthermore,when emergency medical attention is necessary on the
job, the City will arrange for expeditious transportation of the employee to a medical treatment facility.
Section 10.7. Transportation of Employees. The City agrees that whenever employees must be
transported from an assembly point to a work site or from one work site to another, during inclement
weather, such as rain or cold, the means of transportation will be by an enclosed vehicle, wherever
possible, except in extenuating circumstances.
Section 10.8. Transfer. Transfer requested by employees to positions in the same classification or
pay range within the City's employ may be affected in accordance with the Personnel Rules. The City
shall make reasonable efforts to find suitable work for employees who suffer a physical ailment, injury or
disability.
AFSCME 40
Section 10.9. Civic Duty. Employees required to appear before a court of law or other public body
on matters not related to their work, in which they are not personally involved (as plaintiff or defendant)
and employees elected or appointed to any political or legislative position who request a leave of
absence to perform their civic duty, shall be granted a leave of absence in accordance with the
Personnel Rules.
Section 10.10. Unpaid Leaves. Leaves of absence for a limited period, not to exceed six (6)
months, may be granted for any reasonable purpose in accordance with the Personnel Rules and such
leaves may be extended or renewed at the employee's request and upon agreement by the City.
Leaves of absence for up to six (6) months shall be granted to accept appointment to office within the
Union or employment within the Union.
Section 10.1 1. Negotiation Pay. Up to four (4) members of the Union's Negotiating Committee,
during negotiations for a successor collective bargaining agreement, shall be paid for all time spent in
negotiations which would otherwise have been time worked by the member of the Negotiating
Committee. Negotiating time beyond the normal work hours or beyond an employee's scheduled
workday or workweek shall not be considered as time worked for the City.
Section 10.1 Z. Contracting and Subcontracting.
a. When the City contemplates entering into a contract with an outside supplier or service agency
to perform services presently being performed by the Bargaining Unit employees and such
contract shall 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
AFSCME 41
job duties shall be decided in the sole discretion of the City Manager's designee for Human
li .
Resources.
If there are no jobs available,the Reduction in Force provision contained in this Agreement shall
apply, provided that such laid-off employee shall be recalled to work before the City hires a
new, permanent employee to perform the work of the classification held by the employee at the
time of the layoff.
This recall right shall exist for up to the individual's total service time with the City, but not to
exceed two (2) years after the date of the person's layoff date, but such recall right shall cease
as of two (2) years after layoff, or if the employee does not return to work as scheduled if
he/she is offered a recall notice prior to the two (2) years.
It shall be the responsibility of the laid-off employee to notify the Human Resources Department
when technical skills, training, and experience have been enhanced during the lay-off period,
which may allow the individual to apply for another bargaining unit job with the City.
Nothing in this Section will be construed to limit the Union's right to bargain concerning the
identified impact or effects of subcontracting out or transferring upon Bargaining Unit members.
b. At least thirty (30) days prior to making a decision to subcontract or contract out a function
being performed by bargaining unit employees, management will notify the bargaining unit. If
the bargaining unit so request in writing within 10 days of notification, management shall
convene a Labor Management conference conducted by the Human Resources Department to
discuss.
Section 1 0.13. Sick and Vacation Leave Accrual and Maximum Payment on
Termination. The present policy concerning sick leave, including the policy for payment of accrued
sick and vacation time combined, up to a maximum of one year's salary, upon termination, retirement,
or death, shall continue for all employees hired before October 1, 1978.
The annual and sick leave accrual rate is subject to the City of Miami Beach Classified Employees'Leave
Ordinance.
AFSCME 42
Regular full-time employees with less than ten (10)years of service shall accrue 96 hours of annual leave
and 96 hours of sick leave, prorated bi-weekly, each payroll year. A payroll year is defined as the first
through the last pay period of each calendar year.
Regular employees with more than ten 10 but less than twenty 20 ears of service shall accrue 136
9 tY Y
hours of annual leave and 96 hours of sick leave, prorated bi-weekly, per payroll year upon completion
of ten (10) years of employment.
Regular employees with more than twenty(20) years of service shall accrue 176 hours of annual leave
per year and 96 hours of sick leave, prorated bi-weekly, per payroll year upon completion of twenty
(20) years of employment.
All employees covered by the agreement shall, under applicable ordinances, rules and regulations shall
be allowed to accumulate no more than 500 hours of vacation leave per payroll year. At time of
termination, death,or retirement,all employees covered by this agreement shall be permitted a maximum
payment of 620 hours vacation leave. In addition to vacation leave, all employees covered by the
agreement shall be permitted a maximum payment at time of termination,death,or retirement of one-half
(50%)of accumulated sick leave to a maximum of 600 hours of sick leave. All employees covered by the
agreement shall be permitted to transfer sick leave in excess of 360 hours to vacation leave at the rate of
two (2) days of sick leave to one (1) day vacation leave to be used in the pay period year when
transferred.
The "must use" accrual on vacation leave from one payroll year to the next is 500 hours.
Section 10.14. Perfect Attendance Bonus. Employees who perform the full scope of their
regularly assigned classification for each calendar year shall receive a lump sum bonus of $300.00
(non-pensionable earnings) provided that they have not used sick leave, or been absent for any reason
that was not authorized at least 48 hours in advance. An employee will also be allowed two (2)
incidents of tardiness and one(1)emergency vacation. Employees out on ISC will not be eligible for the
perfect attendance bonus.
AFSCME 43
Section 10.15. Changes in Job Specifications and New Classifications. Changes in
existing specifications or the creation of new classifications shall be submitted for review and comment
by the Union prior to implementation or submission to the Personnel Board.
Section 10.16. Opportunity for Advancement. To the extent that funds and personnel are
available,the City is committed to facilitating the efforts of employees,through training,to increase their
efficiency, broaden their knowledge, and become more effective in performing their duties in order to
enhance their opportunity for promotion.
Section 10.17. Union Conventions. Up to a maximum of three (3)delegates of the Union will be
permitted to annually use a pool of paid time-off, not to exceed a total of ten (10) working days in any
one fiscal year, for the purpose of attending State and International conventions. The Union will provide
the City with the name(s)of the delegate(s) selected to use the Convention time-off under this section and
the Union must provide the dates and locations of any such conventions for which a leave of absence
under this section is requested at least six(6)weeks in advance of the convention so that the department
can make appropriate arrangements. Requests for use of this paid leave may be denied if the time off
will create any scheduling or manpower problems. In addition, up to five(5)duly authorized delegates
of the Union may request a leave of absence without pay, not to exceed three(3)weeks per delegate in
any one year and no more than two (2) weeks at a time, for the purpose of attending conventions and
training seminars of the Union. Requests for this unpaid leave shall be submitted at least one month prior
to commencement of the leave and said requests will not be unreasonably denied.
Section 10.18. Educational Leave. An employee may request an educational leave of absence
without pay to take a course or courses in a field related to the work assignment or career ladder
direction of said employee. The City's existing tuition refund program shall be continued for the term of
this Contract.
Section 10.19. Meetings Leave. The Union shall have the right to designate one (1)
representative, authorized with pay for time he/she would have otherwise been working, to attend any
formal meetings and/or hearings of any sub-divisions of the governing bodies of the City, including City
Commission meetings,when a matter relating to the Union is on the agenda for such meeting and if prior
notice to the representative's supervisor has been given.
Section 10.20. Union Bulletin Boards. The City will make available one (1) enclosed bulletin
AFSCME 44
board for the posting of official Union notices at each of the following locations,and the Union will limit
the posting of Union notices to such bulletin boards:
1) Public Works Operations-451 Dade Boulevard
2) Sanitation - 140 MacArthur Causeway
3) Fleet Management- 140 MacArthur Causeway
4) Parks Maintenance Division, 2100 Meridian Avenue
5) Fire Department Service Area
6) Meter Parking — 1837 Bay Road
7) City Police Station
8) City Hall
9) Recreation Centers (provided AFSCME pays the cost of the new board(s)):
a. Teen Center— 2100 Washington Avenue
b. Flamingo Park& 1 1'h Street at Jefferson Avenue—Tennis Courts and Swimming Pool
c. Muss Park—4400 Chase Avenue
d. Normandy Isle Park and Swimming Pool (Afterschool Programs) —7030 Trouville Esplande
e. North Shore Park Youth Center— 501 72"d Street
f. Polo Park (Sport Camp) —4301 N. Michigan Street
g. Scott Rakow Youth Center— Ice Rink and Swimming Pool — 2700 Sheridan Avenue
h. South Point Park (Fishing and Water Camps) — 1 Washington Avenue
i. Stillwater Park (Outdoor rentals) — 8440 Hawthorne Avenue
Section 10.21. Labor Management Committee. In order to strengthen the parties' labor-
management relations,the AFSCME agrees to participate with the City in labor-management committees
to address the issues in Departments. Such committees may be requested by the AFSCME or by the City
(through the City Manager, Department Directors, or designees)to meet at mutually accepted times. The
parties agree that uniforms will be discussed through such Labor Management Committees.The City and
Union agree to discuss heat index mitigation measures at labor-management meetings.
Section 10.22. Me Too and Re-openers. The AFSCME reserves the right to a "Me too"
agreement with the CWA and GSA bargaining units on parallel economic issues including but not
limited to wages, COLA and pension should the City modify those collective bargaining agreements.
Any such discussions shall not exceed a period of ninety(90)days from the day of the first meeting, and
in no event shall the discussions continue beyond the contract expiration date.
AFSCME 45
ARTICLE 11
DRUG AND ALCOHOL TESTING
Section 11.1. The City and the Union recognize the employee substance and alcohol abuse has an
adverse impact on City government,the image of City employees,the general health,welfare and safety
of employees, and to the general public at large. Therefore, it is in the best interest of the parties to
negotiate over the subject of drug and alcohol testing.
Section 11.2. Using, selling, possessing or being under the influence of illegal drugs while on or off
di4eeRtFelled substenees while et w is prohibited. Employees are further prohibited from consuming
alcohol ill, egal-efid drugs or controlled substances on duty and/or abusing alcohol and drugs off duty to
the extent that such use and/or abuse tends to have an effect upon the performance of their job
functions.
The use of controlled substances is permitted only when prescribed to the employee by a licensed health
care provider and properly used by the employee/patient. Misuse or abuse of prescribed controlled
substances is prohibited.
If a test result for a controlled substance is positive, the employee shall be solely responsible for providing
the Medical Review Officer(MRO)with the prescription number and the name and telephone number of
the pharmacy where the prescription was filled. A new or back-dated unfilled prescription shall not be
accepted.
The City's current 10-panel drug test and cut-off level are as follows:
Drug Initial Test GUMS
Level Confirm Test
Level
I
Amphetamines 1000 ngZml 500 ngZml
Barbiturates 300 n ml 150 n ml
IBenzodiaze ines 300 n ml 150 n ml
Cocaine metabolites 300 n ml 150 n ml
IMari'uana metabolites 50 n ml 15 ngZml
IMethadone 300 n ml 300 nctZml
etha ualone 300 n ml 150 n ml
O iates 2000 n ml 2000 n ml
-Phencyclidine 25 n ml 25 n ml
AFSCME 46
I PropoUphene 300 n ml 150 ngZml
Section 11.3. , Wineenelysis end/-&F
3s defined OR FleFide -Stetutes 440.102 (N) thet en
., .The City
Manager, Assistant ON Manager, department director or, in his absence, the assistant director or
appropriate division director, may direct any employee to submit to a urine analysis, and breathalyzer,
when based on objective factors there is reasonable suspicion that an employee is under the influence of
or using alcohol, drugs or controlled substances on-duN,on an off-duty detail and/or when an employee
has caused, contributed to or been involved in an accident(i.e., while operating a ON vehicle whether
on-duty or off-duty).
Reasonable suspicion testing may include but is not limited to:
• Observable phenomena while at work, such as a direct observation of drug or alcohol use or
the physical symptoms or manifestations of being under the influence of a drug or alcohol:
• Apparent physical state of intoxication or drug induced impairment of motor functions:
• Incoherent or irrational mental state:
• Marked changes in personal behavior, or attitude not attributable to other factors or a
significant deterioration in work performance:
• Information received from a reliable credible source that indicates the employee has been
involved in alcohol or illegal drug use:
• Other employee actions or conduct that lead to a suspicion to believe the employee is under the
influence of alcohol or drugs, suffers from substance abuse, or is in violation of City or
Departmental rules concerning the use of such substances:
• Excessive work related accidents, whether or not they result in injury to self or others:
• Patterns in absenteeism for which there is no other discernible reason:
• Evidence that an employee has used, possessed, sold, solicited, or transferred drugs or alcohol
while on the City's premises or while operating ON vehicles, machinery or equipment.
If a test result for a controlled substance is positive the employee shall be solely responsible for providing
the Medical Review Officer(MRO)with the prescription number and the name and telephone number of
AFSCME 47
the pharmacy where the prescription was filled. A new or back-dated unfilled prescription shall not be
accepted.
Section 11.4. In the event a urine specimen is tested as positive, a portion of that sample will be
subjected to a second test at the employee's request and at the employee's expense. If the second test is
negative, the employee will be reimbursed by the City.
Section 11.5. At the cenclusien ef the dFUgend eleehel testin9jUirpon any positive drug or alcohol
testing result, the City may take whatever action, if any, it deems appropriate. In the event that said
action is in the form of discipline, the employee may grieve said discipline through the contractual
grievance/arbitration procedure.
Section 11.6. The parties agree that an employee's refusal to submit ("refusal to submit" includes
adulterating a sample or submitting a false sample) to drug or alcohol testing in accordance with the
provisions of this Article may result in disciplinary action being taken against the employee up to and
including dismissal.
Section 11.7. Drug/Alcohol Random Testing. It is important to the safety and welfare of
employees and the public that bargaining unit members not be impaired by alcohol while on duty nor
use illegal drugs. To demonstrate the commitment of the City and the Union to this notion, employees
Iwill be subject to random testing d. iRg the `effn of this ^gFeemen . Employees will be chosen from a
blind list by the Human Resources Department or its designee. Those employees who have a CDL license
and are in the CDL Drug Testing Pool will not be part of the AFSCME Drug Alcohol Testing Pool since
the employees who hold a CDL license are already being randomly tested. In other words,all AFSCME
bargaining unit employees will be in either the CDL Random Drug Testing Pool or the AFSCME
bargaining unit Random Drug Alcohol Testing Pool.
Urine analysis shall be administered to test for unlawful drugs and controlled substances. Breathalyzer
testing shall be administered to test for alcohol.
In the case of a random alcohol test, a result of 0.04 or greater is indicative of alcohol impairment and
constitutes a positive result. A confirmation breathalyzer test shall be administered following the initial
test in accordance with the procedures in Title 49 Code of Federal Regulations, Part 40.
AFSCME 48
In the case of a random drug test, the following conditions will be applicable:
(.a) Urine specimens shall be tested by the certified laboratory used by the City's drug
testing facility.
(b) A split specimen of the urine sample shall be obtained in accordance with Title 49
Code of Federal Regulate, Part 40, and may be tested at the employee's request and
at the employee's expense. The split specimen shall be tested at a second certified
laboratory selected by the employee and approved by the City's drug testing facility.
�---- Formatt
(c) If the split specimen test is negative, the positive result is cancelled and the employee*---- Formatt
will be reimbursed by the City for the cost of the split specimen testing_---------- __- Formatt
Section 11.8. Last Chance Agreement. Employees testing positive may be offered the opportunity
to enter into a "Last Chance Agreement" , except in extenueting
to continue their employment. Offering an employee a Last Chance Agreement in no way
precludes the City from taking concurrent disciplinary action. The Agreement shall require participation
in a rehabilitation program, unannounced follow-up testing for or a period of two 2)years and such other
requirements as set forth by the City. The City reserves the right to terminate an employee without
providing him/her with a Last Chance Agreement if the incident 9iYiA9 Fise te-the-pes,n dFU9 test
we 'unduct so diSoFeceful that it causes substentiel
Employees under a Last Chance Agreement who test positive shall
be terminated from employment with the City and this is not grievable under the grievance procedure.
Employees may be given no more than one (1) chance for substance abuse rehabilitation during
employment with the City.
AFSCME 49
ARTICLE 12
SAVINGS
In the event any article, section, or portion of this Contract should be held invalid and unenforceable by
any court or higher authority of competent jurisdiction, such decision shall apply only to the specific
article, section,or portion thereof specified in the decision, and upon issuance of such decision,the City
and the Union agree to immediately negotiate a substitute for the invalidated article, section, or portion
thereof.
AFSCME 50
ARTICLE 13
ENTIRE CONTRACT
The parties acknowledge that during the negotiations which resulted in this Contract, each had the right
and opportunity to make demands and proposals with respect to any subject or matter not removed by
law from the area of collective bargaining, and that the understandings and agreements arrived at by
the parties after the exercise of that right and opportunity are set forth in this Contract. Therefore, the
City and the Union, for the duration of this Contract,each voluntarily and unqualifiedly waives the right,
and each agrees that the other shall not be obligated to bargain collectively with respect to any subject
or matter referred to, or covered or not referred to or covered in this Contract.
AFSCME 51
ARTICLE 14
TERM OF CONTRACT
This Contract shall be effective as of date of ratification,and shall remain in full force and effect through
the 30th day of April, 20132016.
It shall automatically be renewed from year to year thereafter unless either party shall notify the other in
writing one hundred twenty (120) days prior to the anniversary date that it desires to modify this
Contract.
Any such notification of a desire to open negotiations shall include specific articles proposed for
renegotiations, and only such articles shall be mandatorily negotiated.
This Contract shall remain in full force and effect during the period of negotiations, unless either party
gives the other party at least ten (10) days written notice of its desire to terminate this Contract.
AFSCME 52
i
Executed by the parties hereto on the day of�G`COI�L 2010, by the Mayor and
I
City Clerk.
AMERICAN FEDERATION OF STATE, CITY OF MIAMI REACH,FLORIDA
COUNTY AND MUNICIPAL EMPLOYEES,
LOCAL 1554 (AFSCME)
Posephineau J r e M. Go a1 z
Regional Director i Manager
By:
Perman Terry
AFSCME, Local 1554 President
Approved by Vote of the
City Commission IKt- 1 2010
M i Herrera B wer
Mayor
Attest: pax •,
City Clerk AP DASTO
.FORM LANGUAGE
&POROKUTION
ul
CN Aft .^f
AFSCME 53
AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES
AFSCME LOCAL 1554
ELECTION OF REMEDY FORM
Grievance No. (if applicable)
This form must be completed and signed prior to the second step of the grievance
procedure, or at the time when appeal to the Hearing Examiner is filed.
Employee roust elect, sign, and date only one of the two following choices:
1. I/We elect to utilize the Grievance Procedure contained in the current
Contract between the City of Miami Beach, Florida, and AFSCME
Local 1554. Except as provided in number two (#2) below the Union
has the exclusive right to represent all employees and to control the
submission of grievances to arbitration.
Signature Date
2. I/We elect to utilize another forum for my/our grievance, and in
doing so, I/we permanently waive my/our contractual right to the
Grievance Procedure contained in the current Labor Contract between
the City of Miami Beach, Florida, and AFSCME Local 1554.
Signature Date
If Number 1 is elected, sign if you wish to authorize the following:
I/We hereby authorize AFSCME Local 1554 to process the attached grievance
on my/our behalf.
Signature Date
AFSCME 54
Addendum: Hearing Examiner Rules
HEARING EXAMINER RULES
SECTION 1: REQUEST FOR HEARING: Any member of the bargaining unit may appeal from
disciplinary action within ten (10) days after the delivery or mailing to him/her of such
written notice, by filing a written request for a hearing with the Hearing Examiner to the
City Manager's designee for Labor Relations. If the tenth day falls on a Saturday or
Sunday, he/she will have the ability to file for an appeal on the following Monday.
SECTION 2: DISCIPLINARY HEARINGS:
(a) The City Manager's designee for Labor Relations not later than ten (10) days
after receipt of such appeal, shall fix a place and time for holding a public
hearing within a reasonable time thereafter. Written notice of such time and
place shall be delivered or mailed promptly to both the Appellant and the
Appointing Officer.
Only the Hearing Examiner may grant a continuance to either party for good
and sufficient cause. No continuance shall be granted to either party unless
such request for continuance is received in writing by the City Manager's
designee for Labor Relations at least ten (10) days prior to the date of said
scheduled hearing of appeal.
(b) The Hearing Examiner may, at the request of the Appointing Officer or the
Appellant,call or request any person or records for the purpose of ascertaining
the facts.
(c) The Appointing Officer or a representative designated by him/her, shall have
the right to be present at such hearing and to be represented by the City
Attorney.
(d) The Appellant shall have the right to be present at such hearing and to be
represented by an AFSCME bargaining agent or an attorney of his/her choice.
(e) The findings of the Hearing Examiner shall be based upon competent
substantial evidence of record.
(f) The Appointing Officer shall have the burden of presenting evidence to support
the truth of the charges as contained in the written notice.
(g) The Appellant shall have the right to present evidence to refute the charges
brought against him/her.
AFSCME 55
(h) The Appellant shall have the right to be confronted by his/her accuser,and the
Appellant and the Appointing Officer shall each have the right to cross-
examine the witnesses of the other.
(i) After both the Appointing Officer and the Appellant shall have presented their
testimony and evidence, the Hearing Examiner shall receive argument in
summation. The Appointing Officer shall have both the opening and closing
argument.
(j) After the completion of closing oral argument, the Hearing Examiner shall
consider the testimony and evidence presented before the Hearing Examiner to
determine the truth or untruth of the charges.
(k) Within five (5) working days after the completion of the hearing, the Hearing
Examiner shall issue his or her findings as to the truth or untruth of the charges
in writing. The City Manager's designee for Labor Relations shall promptly
deliver or mail a copy of such findings to the Appointing Officer and to the
Appellant.
(1) A copy of the written statement given the officer or employee, a copy of any
reply thereto,and a copy of the findings of the Hearing Examiner shall be filed
as a Public Record in the Human Resources Department.
AFSCME 56
EXHIBIT 1
The provisions contained herein take effect prior to the
implementation of the 2009 Condrey & Associates Job
Classification and Compensation Study, as amended, upon all
AFSCME bargaining unit classifications.
EXHIBIT#1(A)
City of Miami Beach
APSCME Bargaining Unit Classification and Compensation Plan
Effective May 1, 2013 through ratification date of the 2013-2016 collective bargaining agreement
Classification Range
Assistant Pumping Mechanic o207
Building Services Technician o208
Building Supervisor o210
Central Services Technician o207
Control Room Operator o208
Customer Service Representative o206
Fire Equipment Mechanic 0210
Fleet Service Representative o207
Heavy Equipment Operator 1 o208
Heavy Equipment Operator II o209
Ice Rink Technician o209
Irrigation System Supervisor o209
Mechanic II o209
Mechanic III o210
Municipal Service Worker 1 o204
Municipal Service Worker II o205
Municipal Service Worker III o207
Municipal Service Worker Trainee o203
Museum Guard o203
Park Supervisor o209
Pumping Mechanic o209
Recreation Leader 1 o204
Recreation Leader II o206
Recreation Program Supervisor o209
School Guard o203
Sewer Pipefitter o207
Sewer Supervisor o209
Sign Maker o208
Storekeeper 1 o207
Storekeeper II o208
Storekeeper III o210
Street Lighting Technician 1 o206
Street Lighting Technician II o208
Street Supervisor o209
Tree Maintenance Supervisor o209
Tree Trimmer o205
Water Meter Technician 1 o205
Water Meter Technician II o207
Water Pipefitter o207
Water Supervisor o209
EXHIBIT#1(B)
City of Miami Beach
AFSCME Bargaining Unit Pay Ranges
Effective May 1, 2013 through March 31, 2014
Minimum Maximum
Range Hourly Bi-weekly Annual Hourly Bi-weekly Annual
o203 $ 11.8826 $ 950.61 $ 24,715.81 $ 19.1921 $ 1,535.37 $ 39,919.98
o204 $ 12.9126 $ 1,033.01 $ 26,858.21 $ 20.8545 $ 1,668.36 $ 43,377.36
o205 $ 14.0308 $ 1,122.46 $ 29,184.06 $ 22.6600 $ 1,812.80 $ 47,132.80
o206 $ 15.2459 $ 1,219.67 $ 31,711.68 $ 24.6235 $ 1,969.88 $ 51,216.88
o207 $ 16.5659 $ 1,325.27 $ 34,457.07 $ 26.7556 $ 2,140.45 $ 55,651.86
o208 $ 18.0011 $ 1,440.09 $ 37,442.50 $ 29.0736 $ 2,325.89 $ 60,473.30
o209 $ 19.5601 $ 1,564.81 $ 40,685.01 $ 31.5918 $ 2,527.34 $ 65,710.74
o210 $ 21.2541 $ 1,700.33 $ 44,208.74 $ 34.3266 $ 2,746.13 $ 71,399.54
EXHIBIT#1(C)
City of Miami Beach
AFSCME Bargaining Unit Pay Ranges
Effective April 1, 2014 through ratification date of the 2013-2016 collective bargaining agreement
Includes 2%COLA effective April 1, 2014
Minimum Maximum
Range Hourly Bi-weekly Annual Hourly Bi-weekly Annual
o203 $ 12.1203 $ 969.62 $ 25,210.13 $ 19.5761 $ 1,566.09 $ 40,718.38
o204 $ 13.1709 $ 1,053.67 $ 27,395.37 $ 21.2716 $ 1,701.73 $ 44,244.91
o205 $ 14.3114 $ 1,144.91 $ 29,767.74 $ 23.1132 $ 1,849.06 $ 48,075.46
o206 $ 15.5509 $ 1,244.07 $ 32,345.91 $ 25.1160 $ 2,009.28 $ 52,241.22
o207 $ 16.8972 $ 1,351.78 $ 35,146.21 $ 27.2908 $ 2,183.27 $ 56,764.90
o208 $ 18.3612 $ 1,468.90 $ 38,191.35 $ 29.6552 $ 2,372.41 $ 61,682.77
o209 $ 19.9513 $ 1,596.10 $ 411498.71 $ 32.2235 $ 2,577.88 $ 67,024.95
0210 $ 21.6793 $ 1,734.34 $ 45,092.91 $ 35.0132 $ 2,801.06 $ 72,827.53
EXHIBIT 2
The provisions contained herein take effect upon implementation
of the 2009 Condrey & Associates Job Classification and
Compensation Study, as amended, on all AFSCME bargaining
unit classifications.
EXHIBIT#2(A)
City of Miami Beach
AFSCME Bargaining Unit Classification and Compensation Plan
Effective upon ratification date of the 2013-2016 collective bargaining agreement
(Based on 2009 Condrey&Associates Job Classification and Compensation Study,as amended)
Classification Range
Assistant Pumping Mechanic 10
Building Services Technician 11
Building Supervisor 13
Central Services Technician 10
Control Room Operator 10
Customer Service Representative 10
Fire Equipment Mechanic 14
Fleet Service Representative 10
Heavy Equipment Operator 1 12
Heavy Equipment Operator II 14
Ice Rink Technician 12
Irrigation System Supervisor 15
Mechanic II 12
Mechanic III 14
Municipal Service Worker 1 06
Municipal Service Worker II 08
Municipal Service Worker III 11
Municipal Service Worker Trainee 04
Museum Guard 07
Park Supervisor 14
Pumping Mechanic 14
Recreation Leader 1 07
Recreation Leader II 10
Recreation Program Supervisor 14
School Guard 05
Sewer Pipefitter 12
Sewer Supervisor 15
Sign Maker 11
Storekeeper 1 10
Storekeeper II 11
Storekeeper III 12
Street Lighting Technician 1 12
Street Lighting Technician II 14
Street Supervisor 15
Tree Maintenance Supervisor 15
Tree Trimmer 10
Water Meter Technician 1 09
Water Meter Technician II 10
Water Pipefitter 12
Water Supervisor 15
f
EXHIBIT#2(B)
City of Miami Beach
AFSCME Bargaining Unit Pay Ranges
Effective upon ratification date of the 2013-2016 collective bargaining agreement
Includes 2%COLA effective April 1,2014
(Based on 2009 Condrey&Associates Job Classification and Compensation Study,as amended)
Minimum Maximum
Range Hourly Bi-weekly Annual Hourly Bi-weekly Annual
04 $ 12.9973 $ 1,039.79 $ 27,034.47 $ 21.2603 $ 1,700.82 $ 44,221.36
05 $ 13.6553 $ 1,092.43 $ 28,403.10 $ 22.3366 $ 1,786.93 $ 462460.06
06 $ 14.3466 $ 1,147.73 $ 29,840.99 $ 23.4674 $ 1,877.39 $ 48,812.10
07 $ 15.0729 $ 1,205.83 $ 31,351.70 $ 24.6554 $ 1,972.43 $ 51,283.22
08 $ 15.8360 $ 1,266.88 $ 32,938.88 $ 25.9036 $ 22072.29 $ 53,879.43
09 $ 16.6377 $ 1,331.02 $ 34,606.41 $ 27.2149 $ 2,177.20 $ 56,607.08
10 $ 17.4800 $ 1,398.40 $ 36,358.35 $ 28.5927 $ 2,287.42 $ 59,472.81
11 $ 18.3649 $ 1,469.19 $ 38,199.00 $ 30.0402 $ 2,403.22 $ 62,483.62
12 $ 19.2946 $ 1,543.57 $ 40,132.83 $ 31.5610 $ 22524.88 $ 65,646.85
13 $ 20.2714 $ 1,621.71 $ 42,164.55 $ 33.1588 $ 2,652.70 $ 68,970.23
14 $ 21.2977 $ 1,703.81 $ 44,299.13 $ 34.8374 $ 2,786.99 $ 72,461.84
15 $ 22.3759 $ 11790.07 $ 46,541.77 $ 36.6011 $ 22928.09 $ 762130.23
EXHIBIT#2(C)
City of Miami Beach
AFSCME Compensation and Classification Plan
Effective April 1, 2015(Includes 1% COLA)
(Based on 2009 Condrey&Associates Job Classification and Compensation Study,as amended)
Minimum Maximum
Range Hourly Bi-weekly Annual Hourly Bi-weekly Annual
04 $ 13.1273 $ 1,050.19 $ 27,304.81 $ 21.4729 $ 1,717.83 $ 44,663.57
05 $ 13.7919 $ 1,103.35 $ 28,687.13 $ 22.5599 $ 1,804.79 $ 46,924.66
06 $ 14.4901 $ 1,159.21 $ 30,139.40 $ 23.7020 $ 1,896.16 $ 49,300.22
07 $ 15.2237 $ 1,217.89 $ 31,665.22 $ 24.9019 $ 1,992.16 $ 51,796.05
08 $ 15.9944 $ 1,279.55 $ 33,268.27 $ 26.1626 $ 2,093.01 $ 54,418.22
09 $ 16.8041 $ 1,344.33 $ 34,952.47 $ 27.4871 $ 2,198.97 $ 57,173.15
10 $ 17.6548 $ 1,412.38 $ 36,721.94 $ 28.8786 $ 2,310.29 $ 60,067.54
11 $ 18.5486 $ 1,483.88 $ 38,580.99 $ 30.3406 $ 2,427.25 $ 63,108.46
12 $ 19.4876 $ 1,559.01 $ 40,534.16 $ 31.8766 $ 2,550.13 $ 66,303.32
13 $ 20.4741 $ 1,637.93 $ 42,586.19 $ 33.4904 $ 2,679.23 $ 69,659.93
14 $ 21.5106 $ 1,720.85 $ 44,742.12 $ 35.1858 $ 2,814.86 $ 73,186.46
15 $ 22.5996 $ 1,807.97 $ 47,007.19 $ 36.9671 $ 2,957.37 $ 76,891.53