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2016-29586 Reso RESOLUTION NO. 2016-29586 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 GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA(GSAF),OPEIU, LOCAL 100, FOR THE PERIOD FROM OCTOBER 1, 2015 THROUGH SEPTEMBER 30, 2018; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT WHEREAS, the City is hereby submitting to the Mayor and City Commission the attached tentative Labor Agreement, recently negotiated between the City and the Government Supervisors Association of Florida(GSAF),OPEIU, Local 100,for the employees covered by said Agreement for the period covering October 1, 2015 through September 30, 2018; and WHEREAS, the previous Labor Agreement was for a three year period from October 1,. 2012, through September 30, 2015; and WHEREAS, Exhibit A to the resolution is a copy of the contract language changes in substantial form that reflects the pension and economic issues, and the non-economic issues tentatively agreed to between the City and the GSAF; and WHEREAS, any changes to the substantial form would be non-material in nature as determined by the City Attorney and the GSAF or else would require re-ratification by the City Commission and GSAF; and WHEREAS, the GSAF bargaining unit has a scheduled ratification vote on September 23, 2016, among its members for the proposed Labor Agreement attached; and WHEREAS, since the outcome of the ratification vote will not be made available in time, the results will be provided to the City Commission through a Letter to Commission (LTC); and NOW,THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approving and authorizing the Administration to amend the three (3)year labor Agreement with the GSAF, OPEIU Local 100 bargaining unit for the time period covering October 1, 2015 through September 30, 2018, Exhibit A hereto. PASSED AND ADOPTED this 47 day of Sepfender , 2016. ATTEST: ! 3G , ''• B Rafa 1 E. Gra :do, • ty CI 'rk . APPROVED AS TO ��' FORM & LANGUAGE • INCORP ORAT-E:D s . & FOR EXECUTION P. F:\HUMA\Cabo\Contracts\City Commission\Citk.or i ...11•Agel1' 4Sem3-"mission Meetin0ft99'i2R3t.�? AF 2015-2018 MO Agreement Resolution 09-14-16.doc 1(, " Resolutions -R7 I MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission • FROM: Jimmy L. Morales, City Manager DATE: September 27, 2016 SUBJECT: 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 GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA (GSAF), OPEIU, LOCAL 100, FOR THE PERIOD FROM OCTOBER 1, 2015 THROUGH SEPTEMBER 30, 2018;AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT. RECOMMENDATION Adopt the Resolution. ANALYSIS The City's workforce is divided into seven salary groups: (1) those covered by the American Federation of State, County and Municipal Employees, Local 1554 (AFSCME) bargaining unit; (2) those covered by the Communications Workers of America, Local 3178 (CWA) bargaining unit; (3) those covered by the Government Supervisors Association of Florida/OPEIU, Local 100 (GSA) bargaining unit; (4) those covered by the Fraternal Order of Police, William Nichols Lodge No. 8 (FOP) bargaining unit; (5) those covered by the International Association of Fire Fighters, Local 1510 (IAFF)bargaining unit; (6) Unclassified; and (7)"Others" (classified service employees not represented by a bargaining unit). Provisions in the October 1, 2009 — September 30, 2012, contracts resulted in savings to the City of over $15 million between Fiscal Years (FY) 2009/2010 and 2010/2011. Similar contributions from the unclassified and others salary groups increased the savings to $20 million. Many of these concessions were changes to the Miami Beach Employees' Retirement Plan (MBERP)that resulted in reducing the City's pension contribution both short and long-term. During the October 1, 2012 — September 30, 2015 contract period, the fire and police unions agreed to significant pension reform, which yielded a reduction of$145 million to the City's ARC over a 30-year period (2013 net present value). The savings attributed to the 2013 pension reform have aided in the short and long-term sustainability of the plan. On September 30, 2015, the 2012-2015 collective bargaining agreement between the City and the GSAF expired. The parties began negotiating a successor agreement on June 24, 2015. After nine (9) formal negotiation sessions, on July 14, 2016, the City and the GSAF leadership Page 521 of 813 reached a tentative three-year agreement for October 1, 2015, through September 30, 2018. The GSAF leadership has scheduled a ratification vote on the proposed agreement on September 23, 2016. If approved by the majority of the membership, the result of the membership vote will determine the effective date for ratification of the three year labor agreement. The City Commission will be notified of the outcome through a Letter to Commission (LTC). The following is a summary of the newly negotiated terms between the parties: MANAGEMENT RIGHTS 1.3, Job Descriptions: Removes City employment requirement for all bargaining unit positions; addition of language providing for changes in job descriptions to be subject to impact bargaining and not the Personnel Board. Effective upon ratification. 5.2, Employee Rights: Notice requirement for discipline resulting in loss of pay extended from 45 days to 75 days of the date when the City is made aware of the event giving rise to the action, or as soon as possible. Effective upon ratification. 7.1, Normal Workday/7.4, Reporting Pay: Provides for 10-hour and 12-hour shifts, with the exception that 12-hour shifts shall only apply in the event of an emergency or as may be designated by the City Manager. Effective upon ratification. 7.5, Overtime: Employees shall no longer earn compensatory time, effective upon ratification; me-too proviso with CWA, should it not be eliminated from their labor agreement. 9, Insurance: Removes requirement that City pay at least 50% of premium subsidy for new hires, upon ratification; provides for use of employee leave when workers'compensation benefit is exhausted; provides for cancellation of benefits for non-payment; also, provides for re-opener if"cadillac tax' is implemented. Effective upon ratification. 10, Pension and Retiree Health: Retirees who terminate their City health insurance coverage will be prohibited from returning to the City's health plans; effective upon ratification. 11.3, Work Rules: Incorporates all Personnel Rules into agreement, except when in conflict with contract provisions; effective upon ratification. 12, Drug and Alcohol Testing: Substances (drugs) tested for increased from ten to 11; also, provides for blood testing. Effective upon ratification. 13, Take Home Vehicle Policy: Provides for take-home vehicle user fee requiring employee payment at 14% of IRS mileage rate. Also, employees assigned a take-home vehicle will be required to purchase auto insurance coverage in the amount of at least $100,000 at their own expense. Effective upon ratification. COST-OF-LIVING ADJUSTMENTS (COLA) 8.1, Wages: Page 522 of 813 • 1%4/1/2016 • 3% 7/1/2017 • 3% 7/1/2018 Me-too proviso with CWA and AFSCME if higher COLA increases are negotiated with those bargaining units. Removes automatic increase for employees at the maximum of the range whose evaluations are late more than 60 days; provides for a one-time, non-pensionable payment (FY 2015/16, FY 2016/17, and FY 2017/18), tiered up to 3%, for employees who are at the maximum of the pay range, retroactive to 10/1/2015. Also, provides for merit increases tiered up to 3% for employees who are not at the maximum of the pay range; effective 1/1/2016. OTHER FISCAL ITEMS 8.3, Holiday Pay: Holiday leave shall count as time worked for the purpose of computing overtime; effective upon ratification. 8.5, Bereavement Leave: Paid bereavement leave extended from two to four days off if funeral is held outside the State of Florida; effective upon ratification. 8.8, Uniforms: Number of uniform sets increased from five to six (from four to five uniform sets for employees who work four-day work week). Uniform Committee shall be comprised of two GSAF representatives and two management representatives, with the department director making the final selection of uniforms. Effective upon ratification. 8.21, Skill Pay Supplement: Provides skill pay supplement to bargaining unit positions in the Building and Fire Departments, as long as the certification is relevant to the current position and prior approval from the department director is obtained. Effective upon ratification. 8.22, Professional Licenses and/or Certifications: Provides up to 20 hours of compensation annually for actual training hours related to the renewal/maintenance of licenses or certifications relevant to employee's current position. Training must be pre-approved by the department director. Effective upon ratification. 8.23. Florida Department of Environmental Protection "Class 1" Water Distribution System Operator License: Employees who possess and maintain the "Level 1" Water Certification will receive an annual supplement of$1,000, non-pensionable; effective upon ratification. 15, Tuition Assistance: Tuition reimbursement rates increased to the levels recently implemented for unclassified and "other" employees, non-pensionable; effective upon ratification. MISCELLANEOUS 8.9, Safety Shoes: Safety Shoe Committee shall be comprised of two GSAF representatives and two management representatives, with the department director making the final selection of Page 523 of 813 shoes. Employees may receive uniform shoes in lieu of safety shoes, at the discretion of the department director. Effective upon ratification. 14, MOUs and Side Agreements: MOUs and side agreements will be listed in the labor agreement. CONCLUSION The terms and conditions of the proposed three-year labor agreement between the City and GSAF results in an estimated impact of $ 68,780 for FY 2015/16; $134,280 for FY 2016/17; $293,280 for FY 2017/18. The total estimated three-year impact is $496,340. The Administration finds the provisions of this contract fair to the employees and fiscally responsible for the City. Therefore, adoption of this resolution is recommended. Exhibit A to the resolution is a copy of the proposed labor agreement. KEY INTENDED OUTCOMES SUPPORTED Ensure Expenditure Trends Are Sustainable Over The Long Term Legislative Tracking Human Resources • ATTACHMENTS: Description ❑ Proposed GSAF Labor Agreement ❑ Resolution ❑ Exhibit A ❑ Exhibit B ❑ Exhibit C Page 524 of 813 r'. AGREEMENT • Between k yka CITY OF MIAMI BEACH,FLORIDA and the GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA,OPEIU,LOCAL 100 Period Covered ' „ � tf October 1,2012 2015 to September 30,20152018 a� X •F � x ; GSAF-1 Page 525 of 813 TABLE OF CONTENT Pa AGREEMENT 4 qtr PREAMBLE 5 u r ARTICLE 1: RECOGNITION Section 1.1. Representation and Bargaining Unit 6 =h Section 1.2. Unit Description 6 Section 1.3 Job Descriptions ®' � r ARTICLE 2: DEDUCTION OF ASSOCIATION DUES f Section 2.1. Check-off 7 Section 2.2. Indemnification 7 a r ARTICLE 3: MANAGEMENT RIGHTS 8 x � � ARTICLE 4: PROHIBITION OF STRIKES 9 n 6V z ARTICLE 5: ASSOCIATION REPRESENTATION AND EMPLOYEE RIGHTS Section 5.1. Association Representation 10 Section 5.2. Employee Rights ARTICLE 6: GRIEVANCE PROCEDURE Section 6.1. Purpose 13 Section 6.2. Definitions 13 Section 6.3. Special Provisions Section 6.4. Election of Remedies 16 r•• Grievance Steps 16 Section 6.5. Arbitration 18 Section 6.6. Differences Concerning Personnel Rules 19 ARTICLE 7: HOURS OF WORK AND OVERTIME Section 7.1. Normal Workday 20 Section 7.2. Normal Workweek 20 Section 7.3. Rest Periods 20 Section 7.4. Reporting Pay 20 Section 7.5. Overtime 21 Section 7.6. Distribution of Overtime Opportunity 21 � Section 7.7. Call Back Pay 22 Section 7.8.a. Stand by Pay 22 ; Section 7.8.b. Stand by Pay 22 s Section 7.9. No Pyramiding 22 ARTICLE 8: WAGES AND FRINGE BENEFITS 23 Section 8.1. Wages Section 8.2. Holidays 24 Section 8.3. Holiday Pay 24 Section 8.4. Meal Allowance 25 Section 8.5. Bereavement Leave 25 Section 8.6. Unpaid Leaves 26 Section 8.7. Jury Duty 26 GSAF-2 Page 526 of 813 WAGES&FRINGE BENEFITS,continued egg ti Section 8.8. Uniforms 26 Section 8.9. Safety Shoes 27 kr Section 8.10. Shift Differential 27 Section 8.11. Rate of Pay When Working Out of Classification 28 Section 8.12. Paid Leave 28 Section 8.13. Perfect Attendan ce Bonus 29 Section 8.14. Part-Time Employees 29 Section 8.15. Sick and Vacation Leave Accrual and Maximum Payment on Termination 29 Section 8.16. Pay for Hazard Duty 29 Section 8.17. Essential Personnel(Hurricane Pay) 30 Section 8.18. Licenses)Maintenance 30 Section 8.19. Tool Reimbursement Program 30 Section 8.20. EMT Certification Pay 31 Section 8.21. Skill Pay Supplement 31 Section 8.22 Professional Licenses and/or Certifications Section 8.23 Florida Department of Environmental Protection"Class 1"Water Distribution System— Formatted:Indent:Left: 0.5",Hanging: i" Operator License ARTICLE 9: INSURANCE 33 ARTICLE 10: PENSION AND RETIREE HEALTH 36 ARTICLE 11: GENERAL PROVISIONS Section 11.1. Discrimination 37 Section 11.2. Meetings Between Parties 37 Section]1.3. Work Rules 37 Section 11.4. Stress Reduction/Police Department's Public Safety Communications Unit 37 Section 11.5. Labor/Management Committee 38 Section 11.6. Safety 38 Section 11.7. Bulletin Boards 38 Section 11.8. Probationary Employees 39 Section 11.9. Notification in the Event of Tran sfer or Contracting Out 39 Section 11.10. Seniority 40 Section 11.11. Reduction in Force 40 Section 11.12. Military Leave 40 Section 11.13. Pay Advances 41 Section 11.14. Mentoring Program 41 Section 11.15.1.15. Political Activities of Employees 41 Section 11.16. Promotions 41 ARTICLE 12: DRUG&ALCOHOL TESTING 42 ARTICLE 13: TAKE HOME VEHICLE POLICY ARTICLE 14:MOUs AND SIDE AGREEMENTS ARTICLE 15:TUITION ASSISTANCE ARTICLE 1316: SAVINGS 43 ARTICLE 4417: ENTIRE AGREEMENT GSAF-3 Page 527 of 813 44 ARTICLE 1518:TERM OF AGREEMENT A, 45 ' xt, cs • EXECUTION 46 ELECTION OF REMEDY FORM 47 pRUG AND ALCOHOL TESTING MOU Formatted:Font Bold j AGREEMENT THIS AGREEMENT, was made and entered into on this day of 20132016, by and between the CITY OF MIAMI BEACH, FLORIDA (herein called the "City"), and the Government Supervisors Association of Florida,(GSAF)OPEIU,Local 100,(herein called the"Association"). n L GSAF-4 Page 528 of 813 PREAMBLE WHEREAS,the Association has been selected as the sole and exclusive bargaining representative by a , majority of the employees set forth in the Recognition Article,and has been recognized by the City pursuant to the laws of Florida as the sole and exclusive bargaining representative for said employees; WHEREAS,the City and the Association have voluntarily endorsed the practices and procedures of collective bargaining as a fair and orderly way of conducting relations between the City and the employees covered by this Agreement insofar as such practices and procedures are appropriate to the obligations of the City to effectively operate the various departments of the City and are consonant with the paramount interests of the public; " WHEREAS,it is the intention of the parties to this Agreement to provide,where not otherwise mandated by Statute,for the salary schedule,fringe benefits and conditions of employment of the employees covered by this Agreement,to provide for the continued and efficient operation of the various departments of the City,and to provide an orderly and prompt method of handling and processing grievances; NOW THEREFORE,the parties agree with each other as follows: ,• ; •, ��z X �3 y � { GSAF-5 Page 529 of 813 ARTICLE 1 ,\ X`� 4 RECOGNITION Section 1.1. Representation and Bargaining Unit. The City recognizes the Association as the sole and i5 ,i ' exclusive representative of all employees in the unit described below. , k fir; ' ,,,r,:, ^�� 3xz �Syr Section 1.2 Unit Description. All supervisory employees of the City of Miami Beach in the following 4 classifications,excluding all other employees employed by the City of Miami Beach. ku i Air Conditioning Supervisor Parking Operations Supervisor Backflow Coordinator Plumbing Supervisor £ , r Beach Patrol Operations Supervisor Pumping Operations Supervisor � � Carpenter Supervisor Recreation Supervisor I Central Services Supervisor Sanitation Operations Supervisor City Surveyor Senior Building Inspector a Communications Supervisor Senior Engineering Inspector e a Crime Scene Supervisor Service Supervisor t' ,. Electrician Supervisor Sewer Field Operations SupervisorYZ Electronics/Instruments Supervisor Street Lighting Operations Supervisor Y s Fleet Operations Supervisor Street Operation Supervisor Lead Mechanic Warehouse Supervisor 3 �4 r� s , Maintenance Supervisor Water Field Operations Supervisor Metered Service Supervisor Water Meter Supervisor Paint Supervisor 911 Communications Records Custodian s Park Operations Supervisor :£ The City and the Association agree that in the event the City substantially changes a job classification which ✓ r remains within the bargaining unit or combines job classifications within the bargaining unit,the City will bargain '.:' `,:;.::::::' with the Association upon their request concerning the appropriate rate of pap for the new,changed,or combined `1 job. k Until agreement is reached or impasse is resolved,affected employees will be paid as determined by the City ;} ,,' , Upon agreement as to the rate of pay for the new,changed,or combined job(s),the agreed rate shall be retroactive �' to the date that the Association's request for negotiation was received by Management. The City ees to rovide the Union with a eriodicall updated list of employees who have been hired,promoted tY aB* P P Y P P r and/or transferred into positions that are within the bargaining unit. '§i� r The parties agree that they will periodically review the job classifications and,if appropriate,file a joint petition to Public Employees Relation Commission(PERC)to determine which positions should be included or excluded from the bargaining unit. GSAF-6 Page 530 of 813 Section 1.3.Job Descriptions. The parties agree that any changes in the job descriptions for all positions in the 40r'' bargaining unit are subject to impact bargaining and not the Personnel Board.Further,any provision in the job descriptions for all bargaining unit positions requiring City employment shall be removed effective upon '" ;' ratification. ARTICLE 2 DEDUCTION OF ASSOCIATION DUES Arr Section 2.1. Check-off. Upon receipt of a lawfully executed written authorization from an employee,which is presented to the City by an official designated by the Association in writing,the City agrees during the term of this ar Agreement to deduct the uniform biweekly Association dues of such employees from their pay and remit such deductions to the Association Treasurer together with a list of the employees from whom deductions were made; `,;„;<4't F 'F' provided,however,that such authorization is revocable at the employee's will upon thirty(30)days written notice 4 ': to the City and the Association.The Association will notify the City thirty(30)days prior to any change in its dues ; structure. 5Y On January 1 of each year of this Agreement,the Association will remit to the City$100.00 as an administrative fee for the collection of dues by the City. Section 2.2. Indemnification. The Association agrees to indemnify and hold the City harmless against any and 1 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. "P;;,3i`, GSAF-7 Page 531 of 813 'k� 5 • ilk 4',''''..\>\`. s tic ' y � ARTICLE 3 ,, Z� MANAGEMENT RIGHTS , 3,, - ,' 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 E over its organization and operations. The Association recognizes the sole and exclusive rights,powers,and authorities of the City further include,but are not limited to,the following to direct and manage employees of the a *A 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 oflack 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, kt� 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 equpment " ' and property;to establish and require employees to observe all applicable rules and regulations;to conduct y �i performance evaluations;and,to determine internal security practices;provided,however,that the exercise of any of the above rights shall not conflict with any of the express written provisions of this Agreement. The ' Association, its officers, agents, and members agree that they will not interfere with Management in the �t, • k performance of its duties. ' r y The City agrees that,prior to layoff of bargaining unit members,it will advise the Association. M If,in its sole discretion,the City determines that emergency conditions exist,including but not limited to,riots, civil disorders,hurricane conditions,or similar catastrophes,the provisions of this Agreement maybe suspended by the City Manager or his/her designee during the time of the declared emergency,provided that wage rates and monetary fringe benefits shall not be suspended. ` Should an emergency arise,the Association President shall be advised,as soon as possible,of the nature of then "'r; emergency. ' it GSAF-8 Page 532 of 813 IL v qr 1 + I5, ARTICLE 41 PROHIBITION OF STRIKES x \` No employee,Association officer or agent shall instigate,promote,sponsor or engage in any strike,slow down ,i ` fi r' F-� r concerted stoppage of work or any other intentional interruption of the operation of the employer,regardless of � � .\ the reason for doing so. Any and all employees who violate any of the provisions of this Article may be discharged t ` or otherwise disciplined by the City. Such discharge or discipline shall not be the subject of any grievance ,..,,,-:... ;$,.,,,,,,!,,,;; r procedure or appeal procedure provided in the Agreement,except as to the question of fact. In the event of a strike, slow down, concerted stoppage of work or other intentional interruption of the \�,\" . operations of the employer,regardless of reasons for doing so,the Association shall take direct and immediate x a action to the fullest extent of its power to bring about a cessation of such activities. The employees and the Association,individually and collectively,Found to be in iolation of this Article shall be liable for any damages or costs which might be suffered by the City as a result of a violation of the Article of �� „ 7;� } g g 3 h' provisions this Article,in accordance with law. F.Y. a."'�i /% N Y v v y ' ' :'FYI: K 7 4% S' cis* 2;. •; E "fir GSAF-9 Page 533 of 813 ARTICLE 5 e ;f� ASSOCIATION REPRESENTATION AND EMPLOYEE RIGHTS ' ` ' K �� • Section 5.1. Association Representation ors ` 1) The Association may select up to four (4) employees from within the bargaining unit to act as Representatives. The Association will make a good faith effort that each employee comes from a t s different division and/or work unit.The names of Association Representatives shall be certified,in writing,to the City Manager and/or his or her designee for Labor Relations,as well as to concerned Department Directors. With the prior approval of concerned supervisors,the four(4)Representatives • may use union time bank hours to attend grievance meetings,pre-discipline investigation meetings,and labor/management committee meetings without loss of pay for time spent during the Representative's regular work schedule. No more than two(2)Representatives may use union time bank hours at the same time union The supervisors approval will not be unreasonably withheld;provided,however, a Representatives will conduct their business so as to not disrupt the normal activities of City Departments. Representatives are required to return to work and notify their supervisor immediately following or as soon as practicable after any such meeting being attended. V 2) Up to four(4)employee members of the Association's bargaining team may attend contract negotiation s> sessions with the City during their assigned work hours without loss of pay. Each employee must come from a different division and/or work unit within the employee's department. 3) The Association may designate two(2)employees to attend City Commission meetings,Personnel Board Meetings,Pension Board Meetings or other Ci mty meetings when a matter directly relating to the Collective Bargaining Agreement is on the Agenda of the City meeting during his/her regular work hours without loss of pay, provided that neither Representative shall attend the same meeting as the other Representative at the same time.Prior approval must be given by the Representative's supervisor. The Representative is required to return to work and notify their supervisor immediately or as soon as practicable after the particular matter relating to the Collective Bargaining Agreement has been addressed. J Y � x Any absence provided for herein shall be subject to the prior written request by the Representative at least - s. twenty-four hours prior to such meeting and requires the approval of the employee's supervisor.The Y supervisor's approval will not be unreasonably withheld;provided,however Representatives will adhere to the aforementioned request notification procedures.Employees shall not be paid overtime for attendance at any meeting discussed in this Article. Approval to attend emergency meetings may be granted verbally and within the twenty-four(24)hour timeframe. 4) A maximum of two(2)delegates of the Association's four(4)Representatives will be granted a leave of GSAF-10 Page 534 of 813 kLl absence with pay not to exceed five(5)business days per delegate(for a total of ten(10)business days) \ per calendar year,for the purpose of attending State and International union conventions. The two(2) �h F• delegates shall not be from the same division and/or work unit. Leaves of absence shall not exceed ten (10)business days in total in any calendar year Business days shall be defined as Monday through Friday, E excluding City recognized holidays and are not permitted to be taken in any two (2) consecutive workweeks. All requests for leave shall be submitted to the Office of Labor Relations by the ax Association's President. The Association's President shall provide supporting documentation for the \ ; \ dates and locations of any such conventions a minimum of eight(8)weeks in advance for any leaves of absence requested. The Office of Labor Relations shall forward all granted leaves of absences to the appropriate department director and/or direct supervisor so that the department directors can make appropriate arrangements. 5) The Association shall have the right to send one(1)of its four(4)designated Representatives authorized riB ( ) () i� P with pay to attend and participate in City-wide employee orientations for new hires whose classification > is represented by the Association,provided that attendance is only permitted for the portion of the 0 Citywide employee orientation where Collective Bargaining Units are permitted to address the attendees. i The Representative is required to return to work immediately or as soon as practicable after the particular matter relating to the Association has ended. \;: Section 5.2.Employee Rights. 1) An employee is entitled to request that a single Association Representative be permitted to attend all formal interviews where the City's representative intends to gain information from the employee being interviewed that may result in disciplinary action against the employee. The employee shall be informed y of the nature of the interview,the alleged conduct being investigated,and if requested by the employee, given a reasonable period of time prior to the interview to contact an available Association Representative,provided that the interview is not reasonably delayed. ` 2) No disciplinary action which results in loss of pay shall be taken against an employee unless.he/she is yj notified of the action and the reason(s)for such recommended action given in writing por to the action. Notice in writing shall be given to the employee as soon as practicable but no more than fo y 'eseventy-five(4-5:3)days after the date when the City is made aware of the alleged incident giving rise to the action,along with a copy provided to the Association. 3) Management will adhere to progressive discipline where appropriate. 4) Written"verbal warnings" shall not be kept in an employee's personnel file maintained in Human Resources unless it is a document supporting formal disciplinary action(i.e.suspension/[emanation).If GSAF-11 • Page 535 of 813 a an employee receives two(2) or more written verbal warnings for a similar action and/or behavior r z during the time period being assessed for the employee's Annual Performance Evaluation,the written verbal warning shall be used in that particular employee's Performance Evaluation. h x ' 5) No employee shall be retaliated against or threatened with retaliation by reason of the employee to *.e ,,Y z -- ' exercise their rights set forth in this Agreement. ` 3 6) The City and the Association agree not to interfere with the rights of an employee to become or not ', , ; become a member of the Association. , ', l \ .\ k . 7) Upon reasonable request, an employee shall have the right in the presence of the appropriate representative of the City,to review and copy all or a portion of the employee's official records which � � w ' are a part of the employee's personnel file maintained by Human Resources or the employee's personnel\ \ file maintained by the employee's Department. The City may charge a reasonable fee for copying in ® r k accordance with Chapter 119,Florida Statutes,but under no circumstances will the City charge the ,V4•<' '4i employee for labor fees associated with the request. wi Tvo 4 / � 4 4","4";',„- : GSAF-12 Page 536 of 813 ARTICLE 6 GRIEVANCE PROCEDURE , <r s Section 6.1. Purpose. It is recognized that complaints and grievances may arise between the bargaining agent and the employer or between the employer and any one or more employees concerning the application or f. interpretation of any provision of this Agreement. The employer and the bargaining agent desire that these r s grievances and complaints be settled in an orderly,prompt and equitable manner so that the efficiency of the City ..,!!,,::\..N, 0 �� of Miami Beach may be maintained and the morale of employees not be impaired. Every effort will be made by y '' the employer,employees,and bargaining agent to settle the grievances at the lowest level of supervision. The initiation or presentation of a grievance by an employee will not adversely affect his/her standing with the >: ' employer. Further,it is agreed that the Association may process grievances,advise,or participate in meetings or interviews on behalf of its members,subject to the provisions of this Agreement or as otherwise provided for under State and/or Federal law. :° No reprisals of any kind will be made by agents of the City against the grievants) or the Association's W ,; Representatives by reason of such participation in the processing of their grievance. Similarly,the Association,its i` officers or agents,shall not impede,malign,or delay the City or Management's representative in their duties during a s the investigation or processing of said grievance. The parties agree that the grievance/arbitration process set forth in this Agreement shall be the sole and exclusive method of resolving all grievances by bargaining unit employees. Employees covered by this Agreement shall no longer be able to file an appeal or grievance via the City's Personnel Board procedure for any issue/matter,and the . .......,, ...,::: 2, , r.„, ,, parties agree that the Personnel Board shall not have any jurisdiction to hear any grievance or appeal filed by the bargaining unit or any bargaining unit employee regarding discipline or any other issue on p or rocess,matter. If,during the term of this Agreement, alternative the City creates an alteative dispute resoluti then the partiesk agree to meet and discuss whether that alternative dispute resolution process may be used by the bargaining agent and/or bargaining unit employees via a binding Election of Remedies in lieu of the contractual grievance process. Section 6.2. Definitions. a) Grievance-a grievance is a dispute involving the interpretation or application of the express terms of any provision of this Agreement,excluding matters not covered by this Agreement or where Personnel Board rules and regulations are involved. Disciplinary actions,including discharges,may be grieved under this ArDisciplinary le,as provided herein.Grievances regarding certain non-disciplinary matters,such as disagreements as to the meaning or application of or changes to Personnel Rules or other work rules or policies,may be filed by the bargaining agent via the contractual grievance process,provided however,that such grievances shall be eligible for GSAF-13 Page 537 of 813 r5 � '_x, x ,� '': s. 1 it � processing only to Step III of this grievance process,and that the City Manager's(or designee's) " decision at Step III shall be final and binding and shall not be subject to arbitration or any other A.i z further appeal. Grievances regarding questions of other non-disciplinary/contract interpre tation " �y�� matters shall be subject to the requirements of this grievance and arbitrator procedure. w .:�� ;�� y � � b) Aggrieved Employee(s)-the employee(s)filing the grievance or causing the grievance to be filed :� � c) Immediate Supervisor-the individual having immediate supervisory authority over the aggrieved Y \ '; '' A "x y '. employee(s), ;s d) Division Head-the head of the division in which the aggrieved employees)works. �: z e) Department Head-the head of the department in which the aggrieved employees)works. wee z "r k �` � tea \, f) Days-days as referred to as time limits herein shall mean working days(i.e.,Monday through .. Friday,exclusive of scheduled holidays). x Section 6.3. Special Provisions. a) The time limits set forth herein may only be extended and/or modified by written agreement. } ' ' The City Manager or designee may agree to a w ritten extension of the grievance time limits,on x behalf of the City,at any step in the grievance process. x ' � b) If the employer violates any time limits, the bargaining agent may advance to the next step ,,..,'4� without waiting for the employer's res response. If the Association or the evant s fail to initiate waiting p gri O � .� �� ,� or move the grievance through the grievance procedure,in accordance with the time limits set forth herein,it shall be deemed untimely and considered withdrawn. w c) The parties acknowledge that as a principle of interpretation,employees!re obligated to work as X ; *Y t 1I directed while grievances are pending except where the safety of a working condition or health ' '\ of the employee(s)is the basis of the grievance. Erb'' '..Y 9: �1, d) The aggrieved employee shall be allowed to be present at the various formal steps of the , grievance procedure,including arbitraton. To the extent said employee is on his/her regular =, work schedule,he/she may attend without loss of pay for those actual hours during their regular w,. work schedule. s': e) The Association shall designate in writing to the City the name of one individual who shall be GSAF-14 Page 538 of 813 1 t �` s k � t, AF T a -P 44 designated as the Chief Steward,whose function shall be to assist the bargaining unit members in -, ,, .. $41 the processing of complaints and grievances under this procedure. In order to investigate, 0 discuss and process grievances,the Chief Steward must request and receive written permission ` twenty-four(24)hours in advance but it may be less than twenty-four(24)hours in emergencies. y Pursuan t to Section 5.1 (1)herein,the Chief Grievance Representative is required to return for work and notify their su ervisor immediatel•following or as soon as racticable after an such fy P Y � P Y !'r'.. : �� ';� k`', s meeting being attended for grievance matters. , g g gn � f) An employee may request Association representation in accordance with the provisions of this Agreement at each and every step of the grievance procedure set forth in this Agreement. g) The bar gaining agent in accordance with its own lawful internal rules,shall have the sole and ' ' exclusive right to determine whether any grievance warrants processing through this arbitration procedure. In the event the bargaining agent determines at any step of the grievance procedure that a grievan ce does not warrant processing,a written notification of that determination shall be „ , sent to the City Manager's designee for Labor Relations,with a copy to the employees)involve d z who shall then be free to process it themselves or through legal counsel up through Step III only `e (except in cases of certain disciplinary actions as noted herein). h) If the bargaining agent has declined to processor further process any grievan ce presented to it, and if any employee,or group of employees,desires to process it or further process their own grievance through this procedure (subject to the limitations set forth herein),the bargaining agent shall be sent copies of all written communications sent by the employer or the employees) involved. Further,nothing herein contained shall be construed to prevent any public employees from representing,at any time,their ou=n grievance in person or by legal counsel to the employer, T and havi such evance s adjusted without the intervention of the b agent,provided ng $n ()adjusted bargaining gent,p . however,that the adjustment is not inconsistent with the terms of the collective bargaining s« agreement then in effect;and provided further that the bargaining agent has been given notice an d a reasonable opportunity to be present at any meeting called for the resolution of such grievances. i) The bargaining agent shall not be responsible for any costs Including arbitration costs)attendant to the resolution of an y grievance(s)it has not processed. j) The parties acknowledge that multiple grievances maybe combined at any stage of the grievance procedure where the class of aggrieved employees is clearly defined and the subject matter of the grievances is the same or similar. GSAF-15 Page 539 of 813 .. k) At Step I,all formal grievances shall be presented on the Grievance Form provided by the City cur i�` W The grievance shall include the date of the alleged violation,the specific article and section ,�X � grieved;a brief description of the grievance,and the remedy requested.The Election of Remedy k Form shall be attached to the Step I grievance. Y 1) Verbal warnings may be grieved only through Step I of this procedure. Written warnings may only be grieved through Step II of this procedure. �` � Section 6.4. Election of Remedies. It is agreed by the Association that employees covered by this Agreement � 4-:;.„,,,,,t,,':,,,.::1-0(*.-*";:.',,,,,4;;:;14..,:1,5 shall make an exclusive election of remedy prior to filing a Step I grievance or initiating action for redress in any other forum(to the extent that any other such process is available).Such choice of remedy will be made in writing �� on the Election of Remedy Form to be supplied by the City. The Election of Remedy Form will indicate whether a` the aggrieved party or parties wish to uriliye the grievance procedure contained in the Agreement or initiate action A for redress before a governmental board,agency,or court proceeding(to the extent that such other process is � � x available). Selection of redress other than through the grievance procedure contained herein shall preclude the k �' , s aggrieved party or parties from utilizing said grievance procedure for adjustment of said grievance. If applicable � , � ",• ' the Election of Remedy Form shall be attached to the Step I grievance. GRIEVANCE STEPS: n" STEP I x a) The grievance shall be filed within fifteen(15)days of the alleged violation,misinterpretation or x ' ,.' misapplication of the terms and conditions of employment set forth in this Agreement ' x b) The grievance shall be filed with the division head in writing,on the Grievance Form as provided b the City,and as agreed herein,and shall state the specific article,section and language alleged to have been violated. If applicable,the Election of Remedy Form shall be attached to the s u � �; grievance. ' A c) The division head or his/her designee shall note the date of receipt of the grievance on the ` �, Grievance Form,an d shall schedule a meeting with the aggrieved employee to take place within , ten(10)days of receipt of the grievance. k ; d) Within ten (10) days of the meeting, the division head shall render a decision and shall xsY immediately communicate that decision in writing to the aggrieved employee,the bargaining ''i;� fix.: agent,the department head and the City Manager's designee for Labor Relations. ,•r ':i'• GSAF-16 Page 540 of 813 e) The aggrieved employee(s)and/or the bargaining agent may appeal the decision of the division z" head within ten(10)days of receipt of the decision. The appeal shall be submitted in writing on the Grievance Form to the department head. Failure to appeal the decision of the division head within ten(10)days shall constitute acceptance by the z � r aggrieved employee(s)and the bargaining agent of the decision as being a final resolution of the k, issues raised. STEP II a) If the aggrieved employee(s)appeals the decision,the department head shall schedule a meeting to take place not more than ten(10)days after receipt of the appeal. The bargaining agent shall �sx be advised in writing as to the date of the proposed meeting,and shall have the right to send one (1) observer to the proceedings if the bargaining agent is not involved in the actual a n, representation of the aggrieved employee(s). ti b) NIVithin ten (10) days of the meeting,the department head shall render a decision and shall immediatel•communicate that decision in writing on the Grievance Form to the aggrieved employee(s),and to the bargaining agent and the City Manager's designee for Labor Relations. c) The aggrieved employee(s)may appeal the decision of the department head within ten(10)days of receipt of the decision. The appeal shall be communicated in writing to the City Manager or x his/her designee for Labor Relations on the Grievance Form and shall include copies of all - pertinent documentation.Failure to appeal the decision of the department head within ten(10) k T days shall constitute acceptance by the aggrieved employee(s)and the bargaining agent of the �x ter: decision as being a final resolution of the issues raised. STEP III a) If the aggrieved employee and/or a Representative of the bargaining unit appeals the decision, the City Manager,or his/her designee for Labor Relations,shall schedule a meeting with the v , aggrieved employee to take place within fifteen(15)days after receipt of the appeal. b) Within fifteen (15) days of the meeting, the City Manager or his/her designee for Labor Relations shall render a decision and shall immediately communicate that decision in writing to the aggrieved employee and the bargaining agent. c) Failure to appeal the decision rendered in Step III within fifteen(15)days(for matters that are subject to the arbitration procedure)by notice of intent to submit to arbitration shall deem the GSAF-17 Page 541 of 813 C`?� •ra\ �' - k decision at Step III to be final and no further appeal will be pursued. y� fi 0 Section 6.5. Arbitration. If the employer and the eyed employee(s)and/or the bargaining agent fail to aggri gaining g resolve the grievance,the grievance may be submitted to final and binding arbitration by an impartial neutral mutually selected by the parties,provided that the grievance involves a matter that is subject to the arbitration u $ � process. However,the parties agree that the bargaining agent maintains the exclusive right to determine whether Yu any grievance concerning a non-disciplinary matter(that is outside the scope of Section 6.2(a))should be taken to arbitration under this procedure. In cases involving the issuance of certain disciplinary actions (i.e., only suspension without pay,disciplinary demotion,or termination),the parties agree that an individual employee who is not represented by the bargaining agent may elect to proceed to arbitration under this procedure,provided that the employee shall be responsible for all costs and fees related to presenting his/her case. `* a) Notice of intent to submit the grievance to arbitration shall be communicated by the office of the Association President in writing to the office of the City Managers designee for Labor Relations within fifteen(15)days of the receipt of the decision at Step III. Any request to go to arbitration on behalf of the employer is to go to the Association President. b) Within fourteen(14)days after written notice of submission to arbitration,the parties will agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified time, a request for a list of five (5) arbitrators shall be submitted to the Federal xs x Mediation and Conciliation Service. Both the City and the Association shall have the right to strike names from the panel. The striking of names from the list of proposed arbitrators shall be • accomplished by having the parties alternately cross out names on the list. The arbitrator shall be notified of his/her selection within five(5)days by a joint letter from the City and the Association requesting that he/she set a time and place for a meeting,subject to the availability of the City and the Association. c) The arbitrator shall have no right to amend, modify,ignore, add to, or subtract from the provisions of this Agreement. He/She shall consider and decide only the specific issue submitted to him/her in writing by the City and the Association,and shall have no authority to make a decision on any other issue not submitted to him/her. The arbitrator shall submit in writing his/her decision within thirty(30)days following close of the hearing or the submission of briefs by the parties,whichever is later,provided that the parties may mutually agree in writing to extend said limitation. The decision shall be based solely upon his/her interpretation of the GSAF-18 Page 542 of 813 1 meaning or application of the express terms of this Agreement to the facts of the grievance �r presented. Consistent with this Section,the decision of the arbitrator shall be final and binding All arbitration costs,including the cost of stenographic reporting of the arbitration hearing,ifv agreed to by the parties,shall be divided equally between the employer and the bargaining agent (or the employee in cases where the bargaining agent is not representing the employee).Each party will pay the cost of presenting its own case, including the cost of attorney fees and f �s witnesses. Section 6.6. Differences Concerning Personnel Rules. A difference of opinion with respect to the meaning r r hich directly affects wages,hours,or working conditions may be submitted or application of the Personnel Rules w through Step III of the grievance process as set forth in Section 6.2(a).The Personnel Rules are incorporated r herein,unless otherwise specifically provided for in this agreement. n a T , GSAF-19 fi Page 543 of 813 ARTICLE 7 HOURS OF WORK AND OVERTIME Section 7.1. Normal Workday. The normal workday shall consist of eight(8),ten 00)or twelve(12)hours o• (Formatted line sparing 13,linesz. work,exclusive of the lunch period,in a twenty-four(24)hour period,unless some other workdays are specifically authorized by the City Manager. Employees hall be assigned twelve(12)hour workdays only during emergency — Formatted Not Highlight situations and/or special events.as declared by the City Manager or his/her designee. Section 7.2. Normal Workweek. The normal work-week shall consist of forty(40)hours per week,and such additional time as may,from time to time be required in the judgment of the City to serve the citizens of the City. The workweek shall begin with the employee's first regular shift each week. \ No schedule changes involving shifts or days off shall be made without at least ten(10)workdays'notice to the employees involved,provided that in an emergency,or other such reason justifying a temporary schedule change'. ti only such notice as is practicable shall be given. The implementation of this provision shall not be arbitrary and Via. capricious. Section 7.3. Rest Periods. Employees may take a rest period of fifteen(15)minutes for each half-day of work. Daily rest periods shall be scheduled by the supervisors. Whenever practicable,the rest period will be scheduled approximately mid-point in the first one-half of the employee's regular work shift and in the second half of the employee's regular work shift. Employees who extend their rest period are subject to disciplinary action. However,upon the request of an employee and with the approval of the employee's supervisor,the two(2)fifteen (15)minute rest periods,maybe combined with the employee's thirty(30)minute meal break,providing for a sixty (60)minute meal break. Should such occur,no additional rest periods will be provided to the employee during their regularly scheduled shift. y For each additional four(4)hours worked beyond the regular shift,an additional fifteen(15)minute rest eriod � �) y $u ( ) P shall be provided. Employees in PSCU shall enjoy a fifty(50)minute meal break and a ten(10)minute rest period which,upon M request of an employee and with the approval of the supervisor,will be combined into a sixty(60)minute meal break.The combined sixty(60)minute meal break is provided in lieu of not in addition to the two(2)fifteen(15) minute rest periods. Section 7.4. Reporting Pay. A full-time employee who reports to work as scheduled will be guaranteed eight , (8),ten(10)or twelve(12)hours of work or eight(8),ten(10)or twelve(12)hours of pay;provided,however,that GSAF-20 d�z Page 544 of 813 • supervisors may assign employees to perform any reasonable work. Section 7.5. Overtime. It is understood that the City may require necessary and reasonable overtime for unit members. Where employees are eligible for overtime pay under the Fair Labor Standards Act(FLSA),for all hours worked in excess of forty y hours duri ng an employees workweek,the City will pay the employee one and one-half(1-1/2)times the employees straight time hourly rate of pay. Annual leave, Holiday leave, and other paid leave shall be considered as time worked for the purpose of computing overtime;but sick leave shall not. Effective October 1,2013,only actual hours worked shall be considered for the purposes of computing overtime � § Paid leave,including but not limited to annual,holiday=,sick,family and medical (F141LA),birthday,floater bereavement,compensatory and administrative leave shall not be considered as time worked for the purpose of computing overtime.This provision shall take effect provided the same terms are accepted by or imposed upon S r x the American Federation of State,County and Municipal Employees (AFSCME) Local No 1554 collective w s bargaining unit in its 2013-2016 collective bargaining agreement.Effective upon ratification of this Agreement, holiday leave shall count as time w=orked for the purpose of computing overtime. 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 z< � purpose of this Section,with the exception of the Public Safety Communication Unit(PSCU). This provision shall not be applicable if a substantial number of employees are scheduled to work seven(7) consecutive workdays because of an emergency such as a hurricane. Effective upon ratification of this Agreement by the parties employees shall no longer earn compensatory leave in lieu of the payment of overtime.This provision shall take effect provided the same terms are accepted by or a unposed upon the Communications Workers of America(CWA)Local No.3178 collective bargaining unit in its 2015-2018 collective bargaining agreement. Section 7.6.Distribution of Overtime Opportunity. Opportunity to work overtime shall be distributed as i 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 C:SAF-21 Page 545 of 813 required. `• Seniority for the purpose of this subsection shall mean length of continuous service with the City. �r Overtime opportunities shall be accumulated on adequate records(which shall be available to the employees)and offered overtime not worked shall be considered as worked in maintaining these records. • If any qualified employee establishes that he/she has not received his/her fair share of overtime opportunities such employee shall have first preference to future weekly overtime work until reasonable balance is recreated. Employees who have been credited for overtime hours not worked shall not be discriminated against with respect • to future overtime opportunities • Section 7.7. Call Back Pay. An employee who is scheduled or called in to work outside of his/her normal hours of work will be guaranteed four(4)hours of work or(4)four hours of pay. It is understood that call-in pay shall not overlap with an employee's regularly scheduled shift. Section 7.8.(a). Stand By Pay. Employees expressly assigned to standby status shall receive two(2)hours of straight time as a Standby bonus for each day of that assignment. Employees will not be paid both the Standby bonus and Call Back pay for the same day(i.e.,if called in while on Standby status the employee will be paid only the Call Back pay). The Standby bonus is not considered hours worked for determining overtime. Standby shall be assigned in the City's sole discretion. Employees assigned to standby must respond to any call within ten(10) minutes and must be available to report to the work-site within thirty(30)minutes(or some other reasonable period of time as determined based upon the circumstances). Failure to meet these requirements(as may be modified in the City's sole discretion), or other requirements related to standby assignments that may be determined necessary by the City,shall result in forfeiture of the Standby bonus,and possible disciplinary action, based on the circumstances of each case. Section 7.8.(b). Stand By Pay. Employees in Public Works—Operations,the Property Management Division and the Fleet Management Division not expressly assigned to standby status who are contacted via telephone outside of their normal hours of work will receive two(2)hours of straight time as a Standby bonus;provided, however,the employee will not be paid both Standby bonus and Call Back pay for the same day(i.e.,if called in as a result of a telephone conversation,the employee will be paid only the Call Back pay). Any such telephone conversation must be initiated only by the Public Works Director,Property Management Director or the Fleet Management Director or their designee. Section 7.9 No Pyramiding. Premium pay and overtime shall not be paid for the same hours. The employee GSAF-22 Page 546 of 813 shall receive the greater of the two alternative premiums. T K � '`r u,. S t Y R k nr xs x ; M£ *, rK GSAF-23 Page 547 of 813 ARTICLE 8 WAGES&FRINGE BENEFITS Section 8.1. Wages. The City of Miami Beach classification and pay system will be utilized under this contract. This includes salary range changes,job audits,and market classification studies. This does not include cost-of-living increases. No change shall take place until the Union President or his/her designee concurs. No bargaining unit member who left the City's employ prior to the date of ratification of this Agreement by both parties will be eligible for any wages or benefits under this Agreement. No decision made within the context of this provision shall result in a lower grade, the removal of a job k T classification from the bargaining unit,nor shall said decision result in an exemption from FLSA overtime requirements. a) Effective the first(1�")pay period ending in October-April 2012 2016 there shall be corm across-the- board wage increase of one percent(1%)for any-all GSAF bargaining unit positions.In addition.the minimums and maximums of each lob classification range will be increased by one percent (1%), accordingly. b) Effective the first(1")full pay period ending in October July 20132(117 there shall be tie-an across-the-• — °w- Formatted:Outline numbered+Level:1++ Numbering Style:a,b,c,...+Start at:1+ board wage increase of three percent(3%)for any all GSAF bargaining unit positions.In addition,the Alignment:Left+Aligned at: 0"+Tab after: 0.5"+Indent at: 0.5" minimums and maximums of each job classification range will be increased by three percent 3( %}, accordingly, bjc_Effective the first(1st)full pay period ending in October 2_0112 ,there shall be an across-the- board wage increase of three percent(3%) for all GSAF bargaining unit positions. In addition,the minimums and maximums of each job classification range will be increased by three percent(3%), accordingly. In the event the City negotiates higher across-the-board wage increases with the Communications Workers Formatted:Not Highlight America.Local.3178 WA)or the American Federation of State.County and Municipal Employees,Local 1554 Formatted:Line spacing: 1.5 lines c( (AFSCME).for their 2015-2018 and 2016-2019 labor agreements.respectively,the same increases will be applied to GSAF bargaining unit positions. 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 GSAF-24 Page 548 of 813 with the policy established by Human Resources. Failure to complete a Performance Evaluation for employees who are not at the maximum of the range,within sixty(60)days will result in an automatic two percent(2%)salary increase. ...... - --- ' • date-Effective January 1.2016.all G.SAF bargaining unit employees who receive a rating of three(3)or above on --{Formatted:Font:(Default)Garamond their annual evaluation,shall be eligible for a merit increase on their anniversary date.provided that the employee's salary shall not exceed the maximum of the salary•range for his/her position.For FY 2015/16.FY 2016/17.and 2017 18 an'em.lo'ee whose alary exceeds th maximum of the salary range for his/her position shall be Formatted:Font:(Default)Garamond �' i '.1- to re ei a .ne-time n.n-. n ion..1 .,'m n u. ° I.tin shall b 1 thr.u.h- . f.11ows:1 Formatted:Font:(Default)Garamond,Not Strlkethrough,Not Highlight equals unsatisfactory.2 equals needs improvement.3 equal meets expectations.4 equals exceeds expectations and 5 equals significantly exceeds expectations.An em lo n yee who receives a score between 2.5 and 3.49 shall be Formatted:Font:(Default)Garamond,Not High eligible for a one percent(1%)merit increase_an employee who deceives a score between 3.5 and 4.49,shall be Formatted:Font:(Default)Garamond,Not eligible for a two percent(2°/0)merit increase,and an employee who .eceives a score between 4.5 and 5 shall be ` Strikethrough,Not Highlight eligible for a three percent(3%)merit increasecPerformance Evaluation increases may total no more than three Formatted:Font:(Default)Garamond,Not \ Highlight percent( %). , --,::: Formatted:Font:(Default)Garamond,Not V \ Strikethrough,Not Highlight Formatted:Font:(Default)Garamond,Not Highlight • If an employee's merit rating score does not qualify him/her for a merit increase,the employee shall not receive \ Formatted:Font:(Default)Garamond,Not Strikethrough,Not Highlight any merit salary increase;however,said employee may grieve the evaluation up to Step III under the provisions of !`\ Formatted:Font:(Default)Garamond,Not this Agreement. 1 Strikethrough Formatted:Font:(Default)Garamond 5.'< Formatted:Font:(Default)Garamond Formatted:tine spacing: 1.5 lines Formatted:Font:(Default)Garamond,Not Strikethrough Section 8.2. Holidays. The following fourteen (14) days shall be considered holidays: New Year s Day, President's Day,Memorial Day, Independence Day,Labor Day,Veterans Day,Thanksgiving Day, the day foll owing Thanksgiving,Christmas Day,Dr.Martin Luther King's Birthday,three(3)floating holidays,and the Employee's Birthday. Employees shall become eligible for floating holidays and the Birthday Holiday upon completing six(6)months continuous service with the City. Section 8.3. Holiday Pay. a) Whenever any of the holidays listed in Section 8.2. Holidays,of this Agreement fall on a Sunday (or Monday for employees whose regular day off is Monday),the following workday shall be observed as the official holiday;whenever any of the above listed holidays occur on a Saturday (or Friday for employees whose regular day off is Friday),the preceding workday shall be observed as the official holiday. In such cases,the day on which the holiday is observed shall be GSAF-25 Page 549 of 813 �i X1X considered to be the paid holiday and not the regular day. City celebrated holidays that fall on Tuesday,Wednesday,or Thursday,and said holiday is on the employee's regular day off,then the employee shall receive a day's pay for said holiday,if they meet all of the qualifications contained herein. b) To be eligible for a paid holiday,an employee must report for scheduled work on the holiday if applicable,on the last scheduled day preceding the holiday and the first scheduled day following the holiday unless such absences are excused. To qualify for Holiday Pay,excused absences for the purpose of this section are defined as: 1) an employee calls in sick and is eligible to receive paid sick leave,and who is granted sick leave usage; 2) approved annual leave; 3) floating holiday; 4) birthday; 5) bereavement. c) Whenever an observed holiday occurs on an employee's scheduled day off and the employee does not work thereon,the employee shall receive for his/her normal workday a straight time hourly rate of pay for the holiday. +r d) For work on a holiday falling on a non-job basis employee's regularly scheduled work day, he/she shall receive holiday pay for the holiday and time and one half for the hours worked. e) Should a non-job basis employee be required to work on a holiday falling on his/her day off, he/she shall receive holiday pay for the holiday and shall receive pay at double time and one half rate for the hours worked. f) Failure to report for work on,before,after,or during the holiday after having been scheduled to work on such holiday shall be just cause for denial of holiday pay. g) A holiday which is observed during an employee's regularly scheduled workweek shall be considered as time worked for the purpose of computing overtime for non-job basis employees. Effective October 1,2013, oOnly 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, GSAF-26 Page 550 of 813 z� 5 floater, bereavement and administrative leave shall not be considered as time worked for the purpose of \ ` computing overtime. -: : : . ... � Yx the American Federation of State,County and Municipal Employees (AFSCME) Local No 1551 collective t * x r = bargaining unit in in 2013 2016 collective bargaining agreement. Section 8.4. Meal Allowance. An employee who works three(3)or more hours of overtime that is contiguous Rx with his/her shift shall be paid a seven dollars($7.00)meal allowance. In the event of emergency conditions or if employees are supplied with a meal while working the overtime hours fry a the meal allowance,as provided under this Section,shall cease. .1 r Section 83.Bereavement Leave. In case of death in the immediate family of an employee, time off with straight-time pay will be allowed for up to two(2)scheduled workdays per death or four(4)scheduled workdays `* , per death if funeral is held outside the State of Florida. An additional three(3) days may be granted,for a k � maximum of five(5)or seven(7)days off,if approved by the Department Head.The three(3)additional days off zx may be charged to the employee's accrued sick or vacation time and shall not be counted against the employee for the purposes of performance evaluations ratings. The immediate family shall be defined as father,mother,husband,wife,sister,brother,son,daughter,grandchild, ,,; grandfather,grandmother,mother-in-law, father-in-law, stepfather, stepmother, stepson or stepdaughter, or domestic partner(as defined in the Domestic Partner Leave Ordinance). In the case of a death of a member of the employee's family not herein specified but who lived with the employee's ' family at the time of his/her death,consideration will be given to the employee's request to use accrued annual leave or floating holidays to attend the funeral. Upon request,an employee may be required to provide verification of his/her relationship to the deceased an d of K s � the death. a ' ; Section 8.6. Unpaid Leaves. Leave of absence without pay may be granted in accordance with the City of Miami Beach Personnel Rules. a � Section 8.7.Jury Duty. The City of Miami Beach shall permit employees either to keep payments received from .' Courts of competent jurisdiction for being on jury duty,or in the alternative,their standard rate of pay,whichever k , is higher. For each day an employee is called to jury duty,he/she shall be excused from work for such time as is necessary to complete jury duty service.Employees are expected to return to work upon being released from jury duty during the work shift. However,if three(3)hours or less are left in the employee's work shift at the time that xe GSAF-27z s ;, Page 551 of 813 the employee is released from jury duty,the employee shall immediately contact his/her immediate supervisor for instructions as to whether he/she should return to work for the remainder of that shift. 4; Section 8.8.Uniforms. For the term of this Agreement,the City will provide uniforms(i.e.,a full uniform set shall include along or short sleeve shirt and long or short pants)to bargaining unit employees who are required to wear them. Employees will be issued 5-six(6)sets of new uniforms(4-five(5)sets if the employee works a 4 day work week)in April of each year.New employees will be issued five S.1/4:-.( M l sets(or four-five.(4�5)sets depending S ., �y k on the employees schedule)of uniforms upon entry into the bargaining unit.If an employee has been employed in the bargaining unit position for six(6)months or less when additional new uniforms are issued in April,then the additional new uniforms will not be issued to the employee at that time,but the employee will be issued a • 7k7!.¥ complete set of new uniforms in the following April. The composition of the uniform shall be d recommended by the • .,�u n mi t :..: .1 v 2 . . . m a ;Not�9�19� representatives.The final selection of uniforms will be made by the Department Director after consultation with 4 the r'ocisecnrL niform Committee. The uniforms issued shall be chosen based on considerations of employee safety and comfort,as well as cost. Issued uniform items(i.e.,a shirt or pants)will be replaced on a timely basis by the Department upon the employee's presentation of worn or damaged uniform items provided, however, employees shall receive no more than two(2)additional replacement uniforms items(up to 2 shirts and/or 2 � xz pants)each year Each Department shall provide necessary safety/foul weather gear,as appropriate. The Beach Patrol Operations Supervisor shall be provided with one(1)sweat suit per year. All GSAF Employees will receive one(1)uniform jacket during year three(3)of the term of this contract The vendors will deliver the uniforms in the month of April o f each year f o r the term of this Agreement.n t. Section 8.9.Safety Shoes. Employees in the following job classifications will be required to wear safety shoes ; during all working hours. A safety shoe certificate will be provided to those employees in the following job classifications for the purchase of safety shoes meeting ANSIZ41 Federal Safety Standards. When due to extreme wear and tear or accidental destruction,a replacement pair of safety shoes is required,the City will grant an additional shoe certificate for the purchase of a replacement pair of safety shoes when the destroyed or irreparable pair of safety shoes is turned in to the Department.The Department Director,or his/her designee,shall issue the certificate for the replacement pair of safety shoes on the basis of need and not on an automatic basis. Further the replacement of worn heels and/or soles on the safety shoes shall be the responsibility of the employee and not the City. GSAF-28 5 Page 552 of 813 Those employees in the following classifications will make his/her safety shoe selection from a predetermined list- (Formatted tine spadrg. 1.5 lines, of safety shoes„- The predetermined list will be developed by: -. • e Safety Shog � Committee comprised of two (2) -CrSAF representatives and three nvo (a2) Management representatives. The final selection of safety shoes to be on the predetermined list shall be made by the Formatted No NigN1ght Department Director,after consultation with the Safety Shoe Committee. � M � Air Conditioning Supervisor Pumping Operations Supervisor City Surveyor Senior Building Inspector Electrician Supervisor Senior Engineering Inspector � r A Electronics/Instruments Supervisor Sewer Field Operations Supervisor Fleet Operations Supervisor Street Lighting Operations Supervisor Maintenance Supervisor Street Operation Supervisor Metered Service Supervisor Warehouse Supervisor Parking Operations Supervisor Water Field Operations Supervisor Park Operations Supervisor Water Meter Supervisor �� Paint Supervisor Plumbing Supervisor 3 k a It is the City's intent that the safety shoes selected and approved by the Safety Shoe Committee shall not be significantly inferior in quality to the safety shoes currently being offered to employees Employees receiving the safety shoe certificate will be required to purchase and wear the safety shoes during all working hours,and will be subject to up to the loss of a day's pay for each day that the employee reports to work and fails to wear the required safety shoes. Action taken against the employee under this Section shall not be appealable to the Personnel Board or grievable under this Agreement. Upon ratification of this Agreement.employees may receive uniform shoes in lieu of safety shoes.at the discretion ---(Formatted:Font:Not Bold,No undeiline of the department director. Section 8.10.Shift Differential.Where a majority of an employee's regularly assigned shift hours fall between 3:00 p.m.and 11:00 p.m.,the employee shall receive a shift differential of forty five cents($.45)per hour for work performed after 3:00 p.m. s. Where a majority of an employee's regularly assigned shift hours fall between 11:00 p.m.and 6:30 a.m.,the employee shall receive a shift differential of fifty-five cents($.55)per hour for work performed after 11:00 p.m. GSAF-29 Page 553 of 813 Section 8.11.Rate of Pay When Working Out of Classification. An employee may be required to temporarily `® T work out of his/her classification when directed by Management. Temporarily is defined as an employee who is clearly and definitely performing the principal duties in a higher pay classification for more than two(2)hours per day,and they shall not exceed 580 hours in a 12-month period,and shall be paid as follows,except at the sole discretion of the Human Resources Director,he/she may waive the 580 hour cap if in his/her judgment,it will x best serve the needs of the Cit•service: � b � h a) If he/she is temporarily working in a lower classification,he/she shall receive his/her hourly rate in � � a his/her regular classification. Employees will not be assigned to lower classification work as punishment or to demean the employee. ' r b) If he/she is temporarily working for two(2)or more consecutive hours in a higher paying classification, x ` 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. x = Section 8.12.Paid Leave. Full-time bargaining unit employees shall earn and be paid for sick leave and vacation leave in accordance with Ordinance No 1335 provided,however that. A medical certificate,signed by a licensed physician,shall be required to substantiate a request for sick leave when v ' a) a supervisor suspects abuse of sick leave because of a developing pattern(e.g.,frequent sick leave y' usage of less than one shift in a continuing twelve(12)month period,employee denied annual v s, . leave and subsequently claims illness,etc). The Supervisor shall inform the employee that a >x ` doctors excuse will be required in order to"approve" any further use of sick leave. Such requirement shall be reviewed by the Human Resources Department at the end of six(6)months to determine if it is necessary that it continue;or • b) the illness occurred while the employee was on vacation leave and a request is made to credit sick `? ` leave instead of vacation;or c) an employee has been absent from work for more than five(5)consecutive workdays. C 5h d) the sick leave is during an emergency,such as a hurrican e. GSAF-30 Page 554 of 813 n, x � O u�`t x 1 '' , F C The grant of emergency leave as provided for in the City's Work Rules may be denied,if an employee does not k provide evidence satisfactory to his/her supervisor that the cause of the absence was an emergency. � * sy $ Section 8.13.Perfect Attendance Bonus. Full-time employees who perform the full scope of their regularly assigned classification for the full term of each Fiscal Year covered by this Agreement(i.e.,2012201D/204-3 bonus 2{1132016 20142017;20112p17 20152018),shall receive a lump sum bonus of three hundred dollars($300.00) (non-pensionable earnings)provided that they have not used sick leave or been absent for any reason that was not . authorized at least forty-eight(48)hours in advance. An employee will also be allowed two(2)incidents of tardiness and one(1)emergency vacation. This bonus shall be paid in December of each year of the contract. s Section 8.14. Part-Time Employees. Notwithstanding any other provision in this Agreement,bargaining unit employees who work part-time schedules shall earn fifty percent(50%)of sick and vacation leave credits earned by ,' r,>, r full-rime employees. Pay for absences due to illness or vacation shall be for approved hours absent from n " scheduled assignments. hw Payoffs for sick and vacation balances at separation,bereavement leave,and holiday pay shall also be provided at f the rate of fifty percent(50%)of that afforded to full-time employees. fry P ( ) ▪ ,' Section 8.15. Sick and Vacation Leave Accrual and Maximum Payment on Termination.All employees covered by the agreement and hired after October 1,1978 shall,under applicable ordinances,rules and regulations: ,,„ be allowed to accumulate no more than 500 hours of vacation leave except in accordance with provision for postponement of vacation leave;be permitted to transfer sick leave in excess of 360 hours to vacation leave at the rate of two(2)days of sick leave to one(1)day vacation leave to be used in the pay period •ear when transferred, k a ,$ be permitted a maximum payment time at termination,death,or retirement of 620 hours vacation leave and one- r ?%,�▪: ® Y ti half of sick leave to a maximum of 600 hours. x= : ,s Section 8.16.Pay for Hazard Duty. Employees working hazard duty will be paid$1.00 an hour for time actually � k> sfiL r. spent in these activities. Hazard duty applies to the following activities: A) Spraying hazardous chemicals(Hazardous materials shall be identified in the Material Safety Data Sheet (MSDS)and/or Product Safety Data Sheet(PSDS)). " to/ 4 B) Diving with scuba gear C) Working in trenches five(5)feet in depth or greater D) Working in raw sewage -;› E) Working for (40)feet or higher on aerial lift operations. GSAF-31 Page 555 of 813 n\ r Section 8.17.Essential Personnel(Hurricane Pay). When the City declares an emergency due to a named ' hurricane and other events and non-essential personnel employees are advised to stay home with pay and essential P ersonnel employees are ordered to work,essential personnel employees shall be paid at the rate of one and one- half of their straight hourly wages for all hours worked for up to three(3)days. Section 8.18. License(s) Maintenance. Three (3) positions in Property Management (Air Conditioning Supervisor,Electrician Supervisor,and Plumbing Supervisor)and one(1)position in Public Works(Electrician Supervisor)will receive a supplement of three hundred dollars($300)biweekly for using their license as a qualifier. The supplement will start when the employee's license is approved by the Licensing Board. The supplement will continue until either party requests a change of status to remove the qualifier or if the license expires. The City �' will fill out the appropriate forms in a timely fashion and send a copy of the completed form to GSAF. As one of the conditions and responsibilities related to the receipt of this supplement,the employee must make every reasonable effort to be available for telephone calls while off duty. The following is only applicable for the four(4)employees referenced above who use their license as a qualifier. ; If the employee is contacted via telephone outside of their normal hours of work,they shall receive one(1)hour of straight time pay as a bonus.Any such telephone conversation must be initiated only by the Property Management Director or their designee. Those employees receiving a biweekly supplement for using their license as a qualifier shall be exempt from Section 7.6(b),Standby Pay,of this Agreeinent. The Supplement is not part of base salary. Therefore,the supplement can go above the maximum of the pay range. The supplement is pensionable. The supplement will be reviewed on an annual basis to determine if the supplement should be increased according to market conditions. In the event that the City determines that an•additional licensee(s)may be used as a primary qualifier under terms ty Y () P� rY 9 that are acceptable to the City,and the City decides to use any additional licensee,then the employee/licensee will , be paid the qualification payment under the terms set forth above. • Section 8.19.Tool Reimbursement.The City will continue a Tool Reimbursement benefit through which bargaining unit employees in the job classifications of Air Conditioning Supervisor,Electrician Supervisor,an d Pltmbing Supervisor may be reimbursed for an employee's tool that is damaged or broken while being used at work,provided however,that the damage must not be the result of the employee's negligence. The maximum amount payable in any fiscal year for tool reimbursement per employee is$400. To be eligible for reimbursement, the employee must provide to the Department or Division Director,the broken/damaged tool(which the City may keep)and a report describing the circumstances regarding where,when and how tool was broken/damaged, and the receipt for the replacement tool purchased which must be of like quality and value. The tool must not be GSAF-32 Page 556 of 813 e a otherwise repairable or replaceable through a manufacturer's warranty. Denial of a request for reimbursement is not grievable. y ; y \ F Bargaining unit employees in the above noted positions,who have been paid a Tool Allowance benefit before •.,1 October of 1998,will remain eligible for only such Tool Allowance. Bargaining unit employees in the above noted positions who were hired after October of 1998 and/or who were not receiving a Tool Allowance will be eligible for the Tool Reimbursement. However,no employee will be eligible for both a Tool Allowance and Tool Reimbursement benefits. Section 820.EMT Certification Pay. Beach Patrol Operations Supervisors who obtain and maintain the „: Emergency Medical Technician(EMT)certificate given by the State of Florida shall receive a five percent(5%) ur pay increase. Section 821.Skill Pay Supplement ®� Fleet Management Department:Automobile Technicians/Medium/Heavy-Truck Technicians u�t � �"` �� f 3 to 5 Certifications 50 00 month 6 to 7 Certifications $90.00/month a D "Master"Auto Technician $150.00/month ✓` "Master"Auto Technician with EVT $200.00/month F Automotive Parts Specialist(3 of 3 Certifications) $50.00/month* Automotive Service Consultant $50.00/month* y 3 � I Supplement amounts are not cumulative *Can only be taken as an addition to"Master"Auto Technician or"Master"Auto Technician with EVT . Fire Department Level 1 Fire/Ambulance $50.00/month " / = Level Fire Ambulance $90.00/month EVT Master Fire/Ambulance $150.00/month Building Department:Senior Building Inspector.Senior Engineer g Inspector 1 to 2 Licenses/Certifications $90.00/month 3 or more Licenses/Certifications 5150.00/month GSAF-33 Page 557 of 813 'Licenses/Certifications must be related to job duties and issued by the State of Florida (Building Inspector license. Plans Examiner license. General Contractor license.Plumbing license.Mechanical license.Electrical license.Floodplain Manager license.registered Architect, and registered Professional Engineer) i Note:The maximum Skill Pay Supplement Benefit would be$300.00/month Note:Other Certifications as approved by the Department Head Skill pay supplement requires employee to hold the classification ofi Lead Mechanic or Fleet Operation Supervisor Employee cannot receive skill pay if not on regular work status(i.e.Cannot receive skill pay if on a light duty 's.'. assignment) Employees must notify the department staff when he/she does not maintain the required certification level.Failure to do so may result in discipline,and any supplement pay received while not certified shall be refunded to the City. -,. Section 8.22.Professional Licenses and/or Certification. (Required continuing education/certification for Formatted:Font(Default)Garamond,Not Bold,Font color:Auto,Not Strikethrough,Not current sition on.ri ra..roval from the De.artment Director em lovees who mus maintain their licen s , Highlight as required in their job descriptions,and have to attend continuing education classes shall be paid their straight �� Formatted:Font:(Default)Garamond,Font color:Auto,Not Stnkethrough hourly wages for all required hours up to 20 hours a year.provided that uch.dditional•a'shall of.e.rovided Formatted:Font:(Default)Garamond,Not ;o the employees if the training is provided by the City during regular work hours.Any actual hours spent ;Y Bold,Font color:Auto,Not Strikethrough,Not Highlight attending training under this section shall count as hours worked. , 1,,,,,..\\.\\ Formatted:Font:(Default)Garamond,Font '1 color:Auto,Not Strikethrough Section 8.23.Florida Department of Environmental Protection"Class 1"Water Distribution System s F � �;Font:(Default)Garamond,Not Operator License. Effective upon ratification of this Agreement.employees who obtain and maintain the"Class r' Bold,Font robe Auto,Not Strikethrough,Not p P 11 Highlight 1"Water Distribution System Operator License issued by the Florida Department of Environmental Protection It Formatted:Font:(Default)Garamond,Font shall receive an annual supplement of 51,000.non-pensionable. %lA color:Auto,Not Strikethrough AFormatted:Font:(Default)Garamond,Not l Bold,Font color:Auto,Not Strikethrough,Not lki\ FYghlight Formatted:Font:(Default)Garamond,Font 4. color:Auto,Not Strikethrough Formatted:Font:(Default)Garamond,Not Bold,Font color:Auto,Not Strikethrough,Not ii Highlight Formatted:Font:(Default)Garamond,Font I.:, color:Auto,Not Strikethrough Formatted:Font:(Default)Garamond,Not .,Bold,Font color:Auto,Not Strikethrough Formatted:Font:Courier,12 pt Formatted:Normal GSAF-34 Page 558 of 813 / _.7 ARTICLE 9 ° '; � INSURANCE i The City shall offer group health care coverage including medical,dental,and life insurance plans to full-time bargaining unit employees and their legal dependents during the term of this Agreement The City will continue to ' ; y.v pay at least fifty percent(50%)of the premium cost for eligible employees hired before the date of ratification of z - " this Agreement. Employees hired on or after the date of ratification of this Agreement.will continue to receive a premium subsidy by the City of at least 50%of health insurance premium costs for standard plans.but will not co have lans as options for employees.The1City may change insurance carriers and/or the sco ee and level of benefits in s '*FU 3 P P P , any plan. The City also may change the percentage of premium cost paid by the City 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 Fy 5• optional plans. x The City agrees that it will not change the level of benefits during the term of this Agreement without first Y t �1 1 4 such Board. .�bargaining unit employee may serve on this Board/committee for sa long as bargaining unit@" k employees participate,c clusivd}',in the City's group health insurance plan. w s � < After an employee exhausts Injury Service Connected(ISC) benefits and is receiving workers'compensation* [Formatted •Une sparing 1.5 lines 5 checks.the City shall access the employee's leave accruals to keep him/her whole.Deductions for benefits such as health and dental insurance coverage and pension contributions will be made from the value of the accrued lease x Once an employee runs out of leave accruals and is still unable to return to work,the employee has an affirmative I> A responsibility to contact the Human Resources Department. Benefits Division, to make benefit payment �4 1 t5 -�- arrangements. Employees will be given one month's grace period after which coverage shall be cancelled. � Reopener t Formatted:we sparing: 1.5 Noes t4+Yv J �i : '�: The parties agree to reopen this Agreement upon the City's request to address options to ameliorate the impact o£ . the proposed excise tax on plan sponsors of"Cadillac Plans"as defined in the Patient Protection and Affordable F Care Act, .' y5; '{ y x GSAF-35 s ; Page 559 of 813 k ARTICLE 10 PENSION AND RETIREE HEALTH, ` 4 . u. A) The Miami Beach Employees' Retirement Plan (i 1BERP) 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 X,- r ° provided by the MBERP shall remain in effect for the term of this Agreement,except as follows: tiEffective July 18,2010,for employees hired prior to August 1,1993,who participate in the I'BERP, '• ti � r the employee pension contribution shall increase by 2%of earnings,from 10%to 12%of earnings Effective July 18,2010 for employees hired on or after August 1, 1993,who participate in the ` - 1 fi x MBERP,the employee pension contribution shall increase by 2%of earnings,from 8%to 10%of earnings.The additional two percent(2%)employee pension contributions described herein shall cease upon such additional pension contributions not being accepted by or imposed upon them ` American Federation of State, County and Municipal Employees (AFSCME) Local No. 1554 collective bargaining unit in its 2013-2016 collective bargaining a eement.In such an event,the ` rgauung Sr cessation of the additional pension contributions for employees co vered under the GSAF bargaining # unit shall take effect upon ratification of the 2013-2016 collective bargaining agreement between the � City and the American Federation of State,County and Municipal Employees(AFSCME)Local No. F 1554.There shall be no retroactive compensation awarded for the purposes of this section. 1. Final Average Monthly Earnings(FAME) a) For those employees who participate in the MBERP and are at normal retirement age or are 24 , `3 months or less from normal retirement age as of July 14,2010,as defined by Ordinance 2006- � � ,� � 1 fir) 3504,as amended,the Final Average Monthly Earnings(FAME)is at one-twelfh(1/12)of the average annual earnings of the employee during the two(2)highest paid years of creditable y��service. J i 14 b) For those employees who participate in the MBERP,and who are between 24 and 36 months from a normal retirement age as of July 14,2010,as,defined by Ordinance 2006-3504,as amended,the Final Average Monthly Earnings (FAbE) means one-twelfth (1/12) of the F° average annual earnings of the employee during the three(3)highest paid years of creditable service. �� c) For those employees who participate in the MBERP,and who are between 36 and 48 months '. from normal retirement age as of July 14, 2010, as defined by Ordinance 2006-3504, as ` •, GSAF-36 Page 560 of 813 F amended, the Final Average Monthly Earnings (FAME) means one-twelfth (1/12) of the '* ;� i average annual earnings of the employee during the four(4)highest paid years of creditable r�� service. �� 2� z d) For those employees who participate in the MBERP,and who are more than 48 months from , rs � z �y normal retirement age as of July 14,2010,as defined by Ordinance 2006-3504,as amended,the Final Average Monthly Earnings(FAME)means one-twelfth (1/12)of the average annual X�y <' earnings of the employee during the five(5)highest paid years of creditable service. \ z 2. Employees shall be eligible to enter the Deferred Retitcuient Option Plan(DROP)at the normal retirement age specified in the pertinent pension ordinance,and may participate in the DROP for r� a maximum of thirty-six(36)months for employees hired prior to July 14,2010 and sixty(60) y '♦ `,. months for employees hired on or after July 14,2010. Subject to actuarial verification that c r�, Y extending the DROP period for employees hired poor to July 14,2010 does not result in an increased cost to the City,effective upon ratification of this collective bargaining agreement,all �: 1 s current and future employees participating in the DROP shall be entitled to participate in the ` � °1'•' DROP for a maximum period not to exceed sixty(60) months in total.Any employee who �y previously executed a form entitling him or her to enter the DROP for a period ofless than sixty �> Y �. ksa: ,,k �� '�'� i (60)months in total shall be en a one-time irrevocable election,within thirty(30)calendar days from the effective date of the conforming City ordinance amending the DROP period as set '"° ' , i forth herein,to execute a new form extending his or her DROP period for up to sixty(60) , ''� 3 months in total. k --,„,;;.,,. .••••,4,::•.,i.,„:,,,,,,,,,.., Notwithstanding the foregoing,nothing herein shall preclude an employee who is presently participating in the DROP from their continued active employment and termination of employment in accordance with their original DROP separation date. vg 3. Effective September 30,2013,the option to purchase up to tv.o(2)years of prior creditable f service shall be eliminated for all employees covered by the GSAF bargaining unit. 4. Employees Hired on or after July 14,2010. The current benefits and member contributions provided by the MBERP shall remain in effect for employees hired on or after July 14,2010,except as follows: 1) The normal retirement date is age 55 with at least thirty(30)years of creditable service,or age 62 with at least five(5)years of creditable service. GSAF-37 Page 561 of 813 v%:,,r✓ 2) The early retirement date is the date on which the member's age plus years of creditable k service equal 75,with a minimum age of 55. '' - 3) The Final Average Monthly Earnings(FAME)shall be an average of the highest five(5) Sy years of employment. ,3p;:,� ti 4) The benefit multiplier shall be two and one half percent(2.5%)multiplied by the member's ",' years of creditable service,subject to a maximum of 80%of the member's FAME. 5 The retiree Cost of Uvin Ad'ustment COLr1 will be one and one half percent(1.5%)per u g l ( ) P ( )P sx.� year,with the first adjustment deferred to one(1)year after the end of the DROP. ' N 6) The employee contribution will be 10%of salary. F,, 7) The standard form of benefit is a lifetime annuity. 8) Members who separate from City employment with five(5)or more years of creditable �, service but prior to the normal or early retirement date shall be eligible to receive a normal �i- k retirement benefit at age 62. B) Effective September 6,2006,the parties agree that any bargaining unit member who previously elected or ° ` who elects to participate in the 401-A retirement program(in lieu of participating in the City's pension I plan)shall be required to work at least ten(10)years before becoming eligible for any retiree health benefits from the City. C) Any bargaining unit member who is eligible for retiree health benefits from the City must make a one z time irrevocable election to continue receipt of health benefits via the City's plan at the time that the employee terminates City employment. Effective upon ratification.Tthe parties also agree that if a member initially elects to continue under City health insurance, but thereafter discontinues or is discontinued from such coverage for non-payment of premium,then the retiree may not resume coverage ,,. ‘.. , :.: , ,:.,... ,,,:. ... , only at their own cxpcnsc,without any employer contribution whataocvcr. D) Employees hired on or after September 6,2006,will be entitled to a City contribution against the cost of continued health insurance coverage in the City's health insurance plan after retirement(or separation) x 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 ,',.:-,:.,,, .,, I,' ','''•`- 1 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. GSAF-38 Page 562 of 813 • ARTICLE 11 GENERAL PROVISIONS Section 11.1. Discrimination. In accordance with applicable federal,state and local laws,the City and the Association agree not to discriminate against any employee on the basis of an individual's race,sex,condition related to sex(pregnancy)color,religion,national origin,age(40 and over),disability,marital status,familial status F � � citizenship, intending citizenship status, sexual orientation, political party affiliation; and/or Association membership. Section 11.2. Meetings Between Parties. At the reasonable request of either party,the Association President, or his/her Representative;and the City Manager or his/her designee for Labor Relations,shall meet at least <i quarterly at a mutually agreed time and place to discuss matters of concern. Whenever time permits,the party requesting the meeting shall submit written notice of the subject matter to be discussed. Such notice shall be ak *r ' submitted one week in advance of the proposed meeting date. Nk'henever the Association President,or his/her Representative,makes suggestions or recommendations to the City Manager or his/her designee for Labor Relations,specifically concerning productivity of job safety,the City Manager or his/her designee for Labor , Relations,will respond as appropriate. �F A S .. 11. . .rk Rul--and Inco .oration. 'erso_I. _'ules.The City will provide the Association with a t Famattsd:Not Highlight copy of any written rules that are instituted or modified during the term of this Agreement affecting employees in the bargaining unit. In the event the City desires to alter,amend,or modify existing written work rules,or promulgate new written work rules, the proposed changes will be submitted for review to a joint labor/management committee. The City shall have two(2)representatives and the Association shall have two(2) representatives on this committee,which will make recommendations to the City Manager.The proposed changes shall not become effective until a final decision of the City Manager has been rendered whose decision is not grievable. The Personnel Rules are incorporated herein, unless otherwise specifically provided for in this r-(Formatted:Not Highlight '. Agreement. l Section 11.4. Stress Reduction/Police Department's Public Safety Communications Unit. Those employees covered by this Agreement who work in the Miami Beach Police Department's Public SafetyY __ Communications Unit(PSCU),will be given a stress reduction training program provided by the City.Such stress training will be a one-day stress seminar as given to sworn officers. Should an employee and/or management supervisor believe that an employee might benefit by being referred to the City's Employee Assistance Program (EAP),then the employee will be referred consistent with current policies. If an employee needs help beyond that offered by the EAP,then the EAP may require appropriate referrals for outside professional assistance. GSAF-39 Page 563 of 813 x�,+.��x✓1 �fir'+.2..� Section 11.5. Labor/Management Committee. In order to strengthen the parties' labor/management fr relations,the Association agrees to participate with the City in labor-management committees to address the issues in Departments. Such committees may be requested by the Association or by the City(through the City Manager, Department Directors,or designees)to meet at mutually accepted times. ;r \ rte/ Section 11.6. Safety. The City agrees to provide,at no cost to the employee,any appropriate safety equipment 21:", required to be worn or otherwise utilized by the employee.This shall include such items as hard hats,gloves,etc. Those employees issued such equipment will be responsible for such safety equipment,and any loss or damage due to the neglect of the employee may require the employee to pay for the replacement of said City-issued equipment. ' a) The City agrees to provide,upon request,up-to-date,non-glare screens for computer terminals. a , r a b) The City shall evaluate and provide,upon request,a wrist rest,which will help alleviate the stress •• .�, ,fyY Fy , upon the hands and arms of those employees performing repetitive motion,to all persons who \ use computers for more than 50%of their workday. c) The City will provide appropriate self-defense training to all Parking Enforcement employees. d) The Association is enco ed to have its members volunteer to serve on the Department Safety urag P � Committees that are being organized in each City Department. The bargaining unit member '. serving on the City's Safety Committees will not suffer any loss of benefits or wages for attendance at regularly scheduled meetings during regular scheduled work time. No overtime will be paid for attendance at such meetings. 4.r.:* e) If there is a central,Citywide Safety Committee,the Association's President,or his/her designee, ' may be a member if he/she so requests. 3 Section 113. Bulletin Boards. The Association may at its on expense,place a bulletin board in each ^7 k 3 department,not to exceed approximately three feet by two feet(3'x 2)in size. The Bulletin Boards shall be used • for posting the following notices only: a) Notices of Association Meetings. b) Notices of Association Elections. c) Reports of Association Committees. ;; d) Recreational and Social Affairs of the Association. r x GSAF-40 Page 564 of 813 tV:4'441140 ' M err 14..s 44 e) Any material of informational nature related to Government Supervisors Association of Florida/OPEIU. Materials,notices or announcements which contain anything political or controversial that might reflect upon the City,any of its employees,or any other labor organizations among its employees,or any materials,notices,orr announcements which violate any of the provisions of this Section,shall not be posted. Any materials that are posted which are not in conformance with this Section may be removed at the discretion of the City. Section 11.8. Probationary Employees. A probationary employee who is dismissed without cause shall have the right to discuss with the appointing officer the reasons for such dismissal at a mutually agreed to time. Following such meeting,a probationary employee,if he/she so desires,shall have the right to further review the - ` reasons for such dismissal with the City Manager or his/her designated representative at a mutually agreed to time It is expressly understood,however,that the appointing officer retains the exclusive discretion with respect to the retention or dismissal of probationary employees. acv Periods of absence shall cause the probationary period to be extended for an equal amount of time. At the request of the appointing authority,the City Managers designee for Human Resources may extend the probationary Y P eriod for up to three(3)additional months provided that the reasons for extension are given to the employee in advance of the expiration of the initial probationary'Pe riod. The City ry acknowled e s the importance of giving timely z�..,..? '''� � � °�• performance appraisals and feedback to probationary employees. Section 11.9. Notification in the Event of Transfer or Contracting Out. When the City contemplates entering into a contract with an outside supplier or service agency to perform services presently being performed by bargaining unit employees and such contract shall result in the lay-off of any bargaining unit employee,the City agrees that it will upon written request,meet and discuss with the Representatives of the Union the effect of such contract upon members of the bargaining unit. '," If the City enters into such a contract and,as a result thereof,an employee will be laid off,the City agrees to ask the Contractor to provide first consideration for such employee for any available work. In the event that the employee is not employed by the contractor,the City will offer such employee another available job with the City,if there is a budgeted vacancy and the employee affected b y the subcontracting is . job n`,� Be cY ) g qualified to perform. Questions of qualification to perform the job duties shall be decided in the sole discretion of the City Manager's designee for Human Resources. GSAF-41 Page 565 of 813 „ N• ✓�' � a 7 e* If there are no jobs available,the reduction in force provision contained in the Personnel Rules shall apply, ^ provided that such laid-off employee shall be recalled to work before the City hires new permanent employees to perform the work of the classification held by the employee at the time of the layoff. This recall right shall exist for up to the individual's total service time with the City,but not to exceed two(2)years after the date of the person's layoff date,but such recall right shall cease as of two(2)years after layoff,or if the employee does not return to work as scheduled if he/she is offered a recall notice prior to the two(2) ears. P O Y v• It shall be the responsibility of the laid-off employee to notify the Human Resources Department when technical skills,training,and experience have been enhanced during the lay-off period,which may allow the individual to apply for another bargaining unit job with the City. Nothing in this Section will be construed to limit the Association's right to bargain concerning the identified a s impact or effects of subcontracting out or transferring upon Bargaining Unit members. � M Section 11.10. Seniority. y 4 1) When vacations are scheduled,permanent vacancies or shifts are filled,or promotions are made to a position within the bargaining unit, seniority shall apply when all other factors are equal. For these purposes,seniority shall be measured by the length of time in the affected classification of the Bargaining Unit except: k%tsf • For those members promoted on the same date, seniority will be determined by date of employment;and i • For those members whose promotion date and date of employment are the same,seniority shall be determined by the higher score on the eligibility list. ,,, y • For those members whose promotion date,date of employment and eligibility list scores are the same,seniority shall be determined by total service/longevity hours to date with the City. 2) Seniority will not apply in an emergency. y Section 11.11. Reduction in Force. When there is a reduction in the bargaining unit workforce,employees will r be subject to the layoff procedure set forth in the City's Personnel Rules. Section 11.12. MilitarvLLeave. Federal and State law concerning military leave govern the City and all employees GSAF-42 Page 566 of 813 ste represented by this Agreement shall receive the benefits of such laws. ' Section 11.13. Pay Advances. An employee in this unit may request his/her pay check in advance of any k , 4a o- l °: scheduled annual leave by submitting a written request to the Human Resources Director at least one(1)pay period prior to leaving on annual leave. However,the written request does not guarantee that the City will be able ��t� i x:; z to provide the employee with a pay check in advance of any scheduled pay day. Approval for an advanced pay :' check will not be unreasonably withheld. << N. Eck ,' Section 1114. Mentoring Program. Bargaining unit employees may request to participate in the City s 4s ter z Meedule g Program,as set forth in the Human Resources'Department policies and procedures,which may be � 1 changed from time to time or discontinued at the City Manager's discretion.Denial or disapproval of a request for i participation in this Program shall not be grievable. �a z +� " Section 11.15. Political Activities of Employees. Except as provided by Federal,State,County laws and/or City of Miami Beach laws,ordinances or rules including Personnel Rule I(b),the City shall not make,adopt or ar k N S .s � enforce any rule,regulation or policy; , a) Forbidding or preventing employees from engaging or participating in politics or from becoming max, :•candidates for public office;or 'r�'�° �` :��' b) Controlling,directing or tending to control or direct the political acti�rides or affiliations of employees. It is understood that no political activities may be conducted by unit members during the employee's scheduled work day or with City equipment and/or City resources. 7 Section 11.16. Promotions. The term promotion as used in this Agreement means the advancement of an " ;� employee to a higher paying classification. Whenever a bargaining unit ob opening occurs in an existin ob g P Y g gaining 1 Pe g Y g l , '��, �� classification or as a result of the development or establishment of a new classification,anotice shall be posted forte no less than two(2)weeks. �� r� �� Eligible and qualified employees who wish to apply for the open bargaining unit position may do so in writing and kv n a submit the application to Human Resources. If there is more than one(1)employee qualified for promotion to s ' the bargaining unit job classification that have equal skill,ability and qualifications(factors to be considered include but are not limited to skill,ability,qualifications,interview score,disciplinary history,attendance history and performance evaluation scores)then seniority with the City shall apply. Seniority for the purpose of this ! subsection shall mean length of continuous service with the City. .,..ax ..... `; GSAF-43 Page 567 of 813 kiy3 ARTICLE 12 s,, V, ' DRUG AND ALCOHOL TESTING ', 1 E � The City and the Association recognize that employee substance and alcohol abuse has an adverse impact on City government the image of City employees,the general health,welfare,and safety of employees,and the general public at large. Both random and reasonable suspicion drug and alcohol testing shall be conducted pursuant to the . '' . , Memorandum of Understanding reached beta een the parties and incorporated herein by reference. 5 r kr , i; x� Y v GSAF-41 Page 568 of 813 ARTICLE 13 ;TAKE HOME VEHICLE POLICY _ �-f Formatted:Not Highlight To defray the operating expense incurred by the City as a result of the non-official use of take-home vehicles.*'- Formatted:Line sped, ng: 1.5 lines )' employees shall be assessed a user fee.The user fee shall be a rate per mile multiplied by the number of round trip wiles as shown by the vehicle's AVI.between the employee's primary residence and the City limits.The rate pet <,:z4 mile ,ill . f.urt- • r n 14"• •f h-In "rnal Rev-nu •rvice stan.ar. .0 inc •milea•a rate as amend Formatted:Not Highlight" from time to time. Formatted:Not Highlight Employees may not park their cars in a location so as to circumvent reduce the restrictions outlined in this section mil eage determination outlined in this section. The Union agrees that each bargaining unit employee who is assigned a take-home vehicle will purchase at his or her expense an extended non-owner coverage endorsement or non-owner auto insurance coverage in the amount of at least��00.000,within 30 days of this effective date of this agreement.In addition.the employee must „r--- Formatted:Not Highlight maintain an extended non-owned coverage endorsement or non-owner auto insurance coverage in the amount of ",Formatted:Not Highlight i) 1.1 tdl . • . .' • . a� . . .. - •e. v ��. . .• • • lug•• Formatted:Not Highlight take-home vehicle.subsequent to date of ratification of this agreement.shall be required to obtain and maintain an Formatted:Not Highlight extended non-owner cove ge endorsement or non-owner auto insurance coverage in the amount of at least 111 Ii11 •ri.r • v hi e n An• m.l•-cc wi hout the required insuran ce coverage,as sti pulated <.--4 Formatted:Not Highlight herein.may have the take-home vehicle privilege revoked at the City's discretion.If the insurance industry no Formatted:Not Highlight ; longer provides the extended non-owner coverage endorsement or non-owner auto insurance coverage,there will he a re-opener in order for the City and Union to discuss the provisions set forth in this section only. GSAF-45 Page 569 of 813 r` - r � �a RTICLE 14 MOUs AND SIDE AGREEME NTS • �� c alp ra'ficati.n•f A m nt. h' ..rd vi. 1 xi : • ide.. m nts ,: , , Formatted lie spadrp 1 S lines null and void.except for those attached hereto and incorporated herein as Appendix"A:'specifically: s r -mot • Memorandum of Understanding providing for amendments to various water distribution related job descriptions.providing for the payment of related employee training and certifications.and other related provisions;executed on November 26,2013. .� �; t x s • Side Agreement providing for tool reimbursement to Lead Mechanic and 5% emergency medical technician(EXIT)su lemental v to Beach Patrol O erations Su entisor,executed on bf 25,2005 PP Pa P P aY ;� � � • Side Agreement providing the Crime Scene Supervisor with stake-home vehicle in lieu of standby pay ! y - 0 � err � executed on October 17.2003. x y ' � < a c h!K > .ors z� r .� . air r * _ e.,; r S k. GSAF-46 y z Page 570 of 813 ARTICLE 15 Formatted:Not Highlight TUITION ASSISTANCE a • u.'e to a•.lica.le P son el Rules leave .r.' .n . iti n .racti e a. inistrativ .r. ..ures an Formatted:Font:(Default)Garamond,Font employee may request an educational leave of absence without pay to take a course or courses in a field related to ,color Auto,Not Strilothrough, the work assignment of said employee. • Formatted Font.(Default)Garamond,Font • • . r::. .:•• • • • • n• •• ..a . ,.. • • •' •. , 1.1' . • • N' ...••. oDbr.Auto - assistance program set forth in Resolution No. 2015-28891, adopted January 14. 2015,which provides the following levels of benefit: • s v J Six Credit hours per semester for a total of twelve credits per calendar year will be reimbursed.as tollows h s E • Approved undergraduate,community college courses and non-credit/certificate courses will be "y "' reimbursed as follows: o 80%for courses in which the employee earns an A ''. o 60%for courses in which the employee earns a B o 40%r for courses in which the employee earns a C • Approved graduate courses will be reimbursed as follows. Formatted:Font:(Default)Garamond,Not Bold,Font color:Auto o •80"/o for courses in which the employee earns an A, Formatted:Font:(Default)Garamond,Font • .I o far • e in whi h he m•lo - earns a B color.Auto Formatted:Font:(Default)Garamond,Not • Bold,Font color:Auto The levels of benefit identified above may be subject to change by the City Commission,but in no event shall be Formatted:Font:(Default)Garamond,Font color:Auto 3 less than the levels of benefit identified Formatted:Fit (Default)Garamond,Not Bold,Font color:Auto •One course per semester/trimester/quarter equivalent to three credits for a total of twelve credits per Formatted'Font (Default)Garamond,Font color.Auto calendar year will be reimbursed,as follows: 4 Formatted:Font(Default)Garamond • Approved undergraduate community college courses and non-credit/certificate courses will be e45-Xg ' • reimbursed at an amount not exceeding 5158.25 a �. • Approved undergraduate university courses will be reimbursed at an amount not exceeding S251.16 ` • Approved graduate courses will be reimbursed at an amount not exceedin 531.15 Formatted:Font:(Default)Garamond,Font odor:Auto Formatted:Tab stops: 0.5",Centered+Not at 3.25" .s \ `ry GSAF-47 Page 571 of 813 rte . \< h it v ' , ' , -kx .s S"5 ,'' k. Fy y„ yS/ f0 :�: ^+ rte,,: ARTICLE 1M6 SAVINGS If any provisions of this Agreement are subsequently declared by the proper legislative or judicial authority to be N � m unlawful or unenforceable,all other provisions of this Agreement shall remain in full force and effect for the , duration of this Agreement. Upon issuance of such a decision or declaration which is not appealed by either party, �� the parties shall,following a request by either party,negotiate in good faith on a substitute article,section or portion thereof. , � 4� let X � Fri y- r t GSAF-48 Page 572 of 813 ,, „2, ,. 2,‘..,: li,',1,,:.,,,;;.;::::;;:i.:11:-..1;; ::i:.'...:,,;,::2'..;" 1 \Y ARTICLE 1417 ENTIRE AGREEMENT ,` `�' z a k a The Association acknowledges that during negotiations resulting in this Agreement, it had the right and 14 opportunity to make demands and proposals with respect to any and all subjects not removed by law from the area 4"`�* 0 , of collective bar inin and that the complete understanding and agreements arrived at b the es after exercise �� , x�,,*' ., ,:;,Ew g'u g P g � y � �� , a � � of that right and opportunity are set forth in this Agreement. Therefore,the Association waives the right,during 4,� rX ` x . the term of this Agreement,to bargain collectively with respect to any subject or matter referred to or covered in ';"{, , �, this Agreement,and it particularly waives the right to bargain over the City's exercise of any of its Management's , x,� rights set forth in the Management Rights Article of this Agreement, (.e., changing work hour schedule, h3 - f transferring employees,laying off employees,etc.,except as otherwise provided herein). \® a e '' % v. The parties intend that this Agreement shall constitute the sole source of their rights and obligations from and to each other for its term either by specific provision or by silence. If the Agreement does not prevent it the City ? may take any action or fail to take any action it desires and shall have no obligation to bargain with the ` ` '\ Association concerning the taking,or not,of the action;but may take unilateral action at the time it desires. The . ¢ :zz 1 Association does not waive,and shall retain its right,to bargain with the City over the impact of any action taken by the City not set forth in this Agreement,but such impact bargaining shall not serve to delay Managements action until agreement or impasse is resolved concerning the impact at issue. s This Agreement may be amended by mutual agreement of the parties but any amendments must be in writing and e signed by duly authorized Representatives of the parties before it will be effective. n fix± 45 w �zX;'� e:a t�.� a \ Y y ' ` ;fir 4 GSAF-49 4k , Page 573 of 813 t lam'` l- y \k\ vmax -.A ,s: 2 zX ., sky iA ARTICLE 45-18 t ', y TERM OF AGREEMENT&REOPENER f ,. g A'''':11:,':,',.;,' This Agreement shall become effective upon City Commission approval and shall remain in effect until the 30'� day of September 21115201 8. 'Written notification,by either- hundred party,shall be required within no less than one � � °� s c twenty(120)days prior to the expiration date of this Agreement indicating their desire to renegotiate the � � � .� „' provisions of this Agreement. Negotiations shall begin no later than ninety(90)days prior to the expiration of the Agreement. n ern t � s,� off: k f s x r zt � rh "i. r a ra ;' vlt kx G f ky.•cc, c. nY. J. v: ,-''', l v a \" xr 4' v.Fr �a GSAF-50 Page 574 of 813 , ', uk .fk''. s� , day of Executed by the parties hereto on the 1 20132016. GOVERNMENT SUPERVISORS ASSOCIATION CITI OF MIAMI BEACH,FLORIDA � � OF FLORIDA,OPEIU,LOCAL 100 By: By: Greg Blackman Jimmy L.Morales GSAF President City Manager , Donald D.Slesnick GSAF Chief Negotiator John Gresham n GSAF Chief Membership Representative •a Approved by vote of the City Commission, 20132016. ak Yh ax_..: Philip IP,VInr Mayor t -,16 y ATTEST: Rafael E.Granado City Clerk "Yw H \ FK�ti..�% GSAF-51 Page 575 of 813 'a z -',..„,;:k,- ,_ ° i 0 .5� GOVERNMENT SUPERVISORS ASSOCIATION FLORIDA,OPEIU.LOCAL 100 OF ' ,s`, � ELECTION OF REMEDY FORM �m Ali � c, x_ 'Grievance No �u This form must be completed and signed at the first step of the grievance procedure. ,, ; ,rte * Employee must elect,sign,and date only one of the two following choices: ` `'.'�� *! 3 4* cam 1. I/We elect to utilize the Grievance Procedure contained in the current Agreement i between the City of Miami Beach,Florida,and Government Supervisors Association of Florida,OPEIU,Local 100. I understand that this choice precludes my utilization ®ti ` x i r f- of Option Number 2. �� s x Y Employee Signature Date ter-x } a 2. I/We elect to utilize another forum for my/our grievance,and in doing so,I/we i °,� permanently waive my/our contractual right to the Grievance Procedure contained in the current labor Agreement between the Cin of Miami Beach and Government ry 4 1 Supervisors Association of Florida,OPEIU,Local 100.Any resolution of a grievance from another forum cannot be inconsistent with the terms of the collective b atgattung agreement that is in effect. > Employee Signature Date a 44Mee GSAF-52 Page 576 of 813 RESOLUTION NO. 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 GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA(GSAF),OPEIU, LOCAL 100, FOR THE PERIOD FROM OCTOBER 1, 2015 THROUGH SEPTEMBER 30, 2018; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT WHEREAS, the City is hereby submitting to the Mayor and City Commission the attached tentative Labor Agreement, recently negotiated between the City and the Government Supervisors Association of Florida(GSAF),OPEIU, Local 100,for the employees covered by said Agreement for the period covering October 1, 2015 through September 30, 2018; and WHEREAS, the previous Labor Agreement was for a three year period from October 1, 2012, through September 30, 2015; and WHEREAS, Exhibit A to the resolution is a copy of the contract language changes in substantial form that reflects the pension and economic issues, and the non-economic issues tentatively agreed to between the City and the GSAF; and WHEREAS, any changes to the substantial form would be non-material in nature as determined by the City Attorney and the GSAF or else would require re-ratification by the City Commission and GSAF; and WHEREAS, the GSAF bargaining unit has a scheduled ratification vote on September 23, 2016, among its members for the proposed Labor Agreement attached; and WHEREAS, since the outcome of the ratification vote will not be made available in time, the results will be provided to the City Commission through a Letter to Commission (LTC); and NOW,THEREFORE,BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approving and authorizing the Administration to amend the three (3)year labor Agreement with the GSAF, OPEIU Local 100 bargaining unit for the time period covering October 1, 2015 through September 30, 2018, Exhibit A hereto. PASSED AND ADOPTED this day of , 2016. ATTEST: Philip Levine, Mayor Rafael E. Granado, City Clerk F:\HUMA\Cabo\Contracts\City Commission\City Commission Agenda Items\Commission Meeting-09-27-16\GSAF 2015-2018 Labor Agreement Resolution 09-14-16.doc Page 577 of 813 3 AGREEMENT Between CITY OF MIAMI BEACH,FLORIDA and the GOVERNMENT SUPERVISO ASSOCIATION OF FLORIDA,OPEIU,LOCAL RS 100 Period Covered R L October 1,2012 2015 to September 30,20152018 GSAF-1 Exhibit A Page 578 of 813 TABLE OF CONTENT ,,:q ,, ,,.e,,:,,,,S:,,,,i";-,1,,,,'qi'.,q',.,4::,<:!:-.1.-:,,,:i;,:zi,:.i!.';'.,„,,:,1:.,,!.,.ii-!'i:„',,,,:,,'' 14 AGREEMENT 4 PREAMBLE 5 ARTICLE 1:RECOGNITION Section 1.1. Representation and Bargaining Unit 6 Section 1.2. Unit Description 6 Section 1.3 Job Descriptions ARTICLE 2:DEDUCTION OF ASSOCIATION DUES Section 2.1. Check-off 7 Section 2.2. Indemnification 7 ARTICLE 3:MANAGEMENT RIGHTS 8 ARTICLE 4:PROHIBITION OF STRIKES 9 ARTICLE 5:ASSOCIATION REPRESENTATION AND EMPLOYEE RIGHTS Section 5.]. Association Representation 10 Section 5.2. Employee Rights 11 2 ARTICLE 6:GRIEVANCE PROCEDURE Section 6.1. Purpose 13 Section 6.2. Definitions 13 Section 6.3. Special Provisions 14 Section 6.4. Election of Remedies 16 „ Grievance Steps 16 Section 65. Arbitration 18 Section 6.6. Differences Concerning Personnel Rules 19 ARTICLE 7:HOURS OF WORK AND OVERTIME Section 7.1. Normal Workday 20 Section 72. Normal Workweek 20 Section 7.3. Rest Periods 20a,,, Section 7.4. Reporting Pay 20 Section 7.5. Overtime 21 Section 7.6. Distribution of Overtime Opportunity 21 Section 7.7. Call Back Pat 22 �.�"' Section 7.8.a. Stand by Pay 22 Section 7.8.b.Stand by Pay 22 Section 7.9. No Pyramiding 22 ARTICLE 8:WAGES AND FRINGE BENEFITS Section 8.1. Wages 23 Section 8.2. Holidays 24 Section 8.3. Holiday Pay 24 Section 8.4. Meal Allowance 25 Section 8.5. Bereavement Leave 25 Section 8.6. Unpaid Leaves 26 Section 8.7. Jury Duty 26 GSAF-2 Page 579 of 813 -- WAGES&FRINGE BENEFITS,continued Pa�►e 1V Section 8.8. Uniforms 26 :,,q, , Section 8.9. Safety Shoes 27 Section 8.10. Shift Differential 27 � r Section 8.11. Rate of Pay When Working Out of Classification 28 . r k X 44, Section 8.12 Paid Leave 28 -i ` , tt ., Section 8.13. Perfect Attendance Bonus 29 444,. Section 8.14. Part-Time Employees 29 Section 8.15.Sick and Vacation Leave Accrual and Maximum Payment on Termination 29 Section 8.16. Pay for Hazard Duty 29 `i' Section 8.17. Essential Personnel(Hurricane Pay) 30 k r i Section 8.18. License(s)Maintenance 30 §?a Section 8.19.Tool Reimbursement Program 30 Section 8.20. EMT Certification Pay 31 �� Section 8.21. Skill Pay Supplement 31 Section 8.22 Professional Licenses and/or Certifications .. .. ,. ` Section 8.23 Florida Department of Environmental Protection"Class 1"Water Distribution System Format Indent .1., ' Operator License ily s ARTICLE 9: INSURANCE 33 ARTICLE 10:PENSION AND RETIREE HEALTH 36 �� - R ARTICLE 11:GENERAL PROVISIONS q Section 11.1. Discrimination 37 Section 11.2. Meetings Between Parties 37 r Section 11.3. Work Rules 37 Section 11.4. Stress Reduction/Police Department's Public Safety Communications Unit 37 �3 r•. Section 11.5. Labor/Management Committee 38 Section 11.6. Safety 38 Section 11.7. Bulletin Boards 38 Section 11.8. Probationary.Employees 39 Section 11.9. Notification in the Event of Transfer or Contracting Out 39 Section 11.10. Seniority 40 Section 11.11. Reduction in Force 40 M t' Section 11.12. Military Leave 40 Section 11.13. Pa Advan ces 41 Section 11.14. Mentoring Program 41 " e Section 11.15. Political Activities of Employees 41 l Section 11.16. Promotions 41 V� ��- A ;;:� � u,a D g n� ''fP 1, ARTIC T.F 12:DRUG&ALCOHOL TESTING 42 ARTICLE 13:TAKE HOME VEHICLE POLICY ARTICLE 14:MOUs AND SIDE AGREEMENTS ARTICLE 15:TUITION ASSISTANCE ARTICLE 1316: ENTIRE AGREEMENT SAVINGS 4 3 ,,. ARTICLE 1412: GSAF-3 Page 580 of 813 EMENT 44 ARTICLE 1518:TERM OF AGRE 45 1 a �� Rv h�� EXECUTION 46 ELECTION OF REMEDY FORM 47 DRUG AND ALCOHOL TESTING MOU - Fort Bo ld ' k g ,kZ AGREEMENT 4 THIS AGREEMENT,was made and entered into on this day of 2013201 G,by and between the CITY OF MIAMI BEACH FLORIDA (herein call ed the "Gifu"), and the Government Supervisors Association of Florida,(GSAF)OPEIU,Local 100,(herein called the"Association'. I K GSAF-4 Page 581 of 813 PREAMBLE WHEREAS,the Association has been selected as the sole and exclusive bargaining representative by 'r ` g `'. a majority of the employees set forth in the Recognition Article,and has been recognized by the City pursuant 1513 } to the laws of Florida as the sole and exclusive bargaining representative for said employees; WHEREAS,the City and the Association have voluntarily endorsed the practices and procedures of y� collective bargaining as a fair and orderly way of conducting relations between the City and the employees covered by this Agreement insofar as such practices and procedures are appropriate to the obligations of the City to effectively operate the various departments of the City and are consonant with the paramount ` interests of the public; v , WHEREAS, it is the intention of the parties to this Agreement to provide,where not otherwise mandated by Statute,for the salary schedule,fringe benefits and conditions of employment of the employees covered by this Agreement,to provide for the continued and efficient operation of the various departments ,,, = �a � ate. of the City,and to provide an orderly and prompt method of handling and processing grievances; :� Ill. NOW THEREFORE,the parties agree with each other as follows: ; uj �z N 4 ,-,.1'!. ' GSAF-5 Page 582 of 813 ARTICLE I RECOGNITION Section 1.1. Representation and Bargaining Unit, The City recognizes the Association as the sole and *z exclusive representative of all employees in the unit described below. �; Section 1.2. Unit Description. All supervisory employees of the City of M iami Beach in the following w classifications,excluding all other employees employed by the City of Mliami Beach. >n =y Air Conditioning Supervisor Parking Operations Supervisor Backflow Coordinator Plumbing Supervisor Beach Patrol Operations Supervisor Pumping Operations Supervisor ' Carpenter Supervisor Recreation Supervisor I Central Services ces Supervisor Sanitation Operations Supervisor City Surveyor Senior Building Inspector Communications Supervisor Senior Engineering Inspector Crime Scene Supervisor Service Supervisor Electrician Supervisor Sewer Field Operations Supervisor ' Electronics/Instruments Supervisor Street Lighting Operations Supervisor Fleet Operations Supervisor Street Operation Supervisor Lead Mechanic ' arehouse Supervisor Maintenance Supervisor Water Field Operations Supervisor Metered Service Supervisor Water Meter Supervisor Paint Supervisor 911 Communications Records Custodian Park Operations Supervisor The City and the Association agree that in the event the City substantially changes a job classification which remains within the bar gaining unit or combines job classifications within the bargaining unit, the City will -', bargain with the Association upon their request concerning the appropriate rate of pay for the new,changed, ' or combined job. Until agreement is reached or impasse is resolved,affected employees will be paid as determined by the City. F Upon agreement as to the rate of pay for the new,changed, or combined job(s), the agreed rate shall be - retroactive to the date that the Association's request for negotiation was received by Management. The City agrees to provide the Union with a periodically updated list of employees who have been hired, promoted and/or transferred into positions that are within the bargaining unit. The parties agree that they will periodically review the job classifications and, if appropriate, file. a joint petition to Public Employees Relation Commission(PERC)to determine which positions should be ncluded or excluded from the bargaining unit. GSAF-6 Page 583 of 813 Section 1.3.Job Descriptions.The parties agree that any changes in the job descriptions for all positions the bargaining unit are subject to impact bargaining and not the Personnel Board. Further,any provision in the job descriptions for all bargaining unit positions requiring City employment shall be removed effective upon ratification. 2ps�" p 3 ARTICLE 2 DEDUCTION OF ASSOCIATION DUES '..i, Section 2,1. Check-off.Upon receipt of a lawfully executed written authorization from an employee,which is presented to the City by an official designated by the Association in writing,the City agrees during the term of this Agreement to deduct the uniform biweekly Association dues of such employees from their pay and remit such deductions to the Association Treasurer together with a list of the employees from whom deductions were made, provided,however,that such authorization is revocable at the employee's will upon thirty(30)days written notice to the City and the Association.The Association will notify fy the City thirt (30)days prior to any change in its dues structure. On January 1 of each year of this Agreement, the Association will remit to the City 3100.00 as an administrative fee for the collection of dues by the City. , „ .. Section 2.2. Indemnification.The Association agrees to indemnify and hold the City harmless against any and all claims,suits,orders or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provision of this Artide. � � 3 �P GSAF-7 Page 584 of 813 ARTICLE 3 MANAGEMENT RIGHTS It is recognized that,except as stated herein,it is the right of the City to determine unilaterally the purpose of ',; f ,, each of its constituent agencies,set standards of service to be offered to the public and exercise control and s discretion over its organization."'"d operations. The Association recognizes the sole and exclusive rights, powers,and authorities of the Cty further include,but are not limited to,the following:to direct and manage employees of the City;to hire,promote,transfer,schedule,assign,and re tain 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 an d 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 �1 organizational unit, department, or project, to assign overtime and to determine the amount of overtime " s 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 x the express written provisions of this Agreement.The Association,its officers,agents,and members agree that ; ' they will not interfere with Management in the performance of its duties. ' ,a " The City agrees that,prior to layoff of bargaining unit members,it will advise the Association. If,in its sole discretion, the City determines that emergency conditions exist,including,but not limited to, riots,civil disorders,hurricane conditions,or similar catastrophes,the provisions of this Agreement may be suspended by the City Manager or his/her designee during the time of the declared emergency,provided that wage rates and monetary fringe benefits shall not be suspended. b �� Should an emergency arise,the Association President shall be advised,as soon as possible,of the nature of the emergency. GSAF-8 Page 585 of 813 ARTICLE 4 PROHIBITION OF STRIKES No employee,Association officer or agent shall instigate,promote,sponsor or engage in any strike,slow down, concerted stoppage of work or any other intentional interruption of the operation of the employer,regardless of the reason for doing so.Any and all employees who violate any of the provisions of this Article may be discharged or otherwise disciplined by the City. Such discharge or discipline shall not be the subject of any grievance procedure or appeal procedure provided in the Agreement,except as to the question of fact. In the event of a strike, slow down, concerted stoppage of work,or other intentional interruption of the operations of the employer, regardless of reasons for doing so, the Association shall take direct and immediate action to the fullest extent of its power to bring about a cessation of such activities. The employees and the Association,individually and collectively,found to be in violation of this Article shall ` :T be liable for any damages or costs which might be suffered by the City as a result of a violation of the provisions of this Article,in accordance with law. w'. GSAF-9 Page 586 of 813 ARTICLE 5 ASSOCIATION REPRESENTATION AND EMPLOYEE RIGHTS Section 5.1.Association Representation 1) The Association may select up to four (4) employees from within the bargaining unit to act as Representatives. The Association will make a good faith effort that each employee comes from a different division and/or work unit. The names of Association Representatives shall be certified, in writing,to the City Manager and/or his or her designee for Labor Relations,as well as to concerned Department Directors.With the prior approval of concerned supervisors,the four(4)Representatives may use union time bank hours to attend grievance meetings,pre-discipline investigation meetings,and , labor/management committee meetings without loss of pay for time spent during the Representative's a qq regular work schedule.No more than two (2) Representatives may use union time bank hours at the same time union The supervisors approval will not be unreasonably withheld; provided, however, I Representatives will conduct their business so as to not disrupt the normal activities of City Departments. Representatives are required to return to work and notify their supervisor immediately t, following or as soon as practicable after any such meeting being attended. 2) Up to four(4)employee members of the Association's bargaining team may attend contract negotiation sessions with the City during their assigned work hours without loss of pay.Each employee must come • from a different division and/or work unit within the employee's department ' 3) The Association may designate two(2)employees to attend City Commission meetings,Personnel Board Meetings,Pension Board Meetings or other City meetings when a matter directly relating to the Collective Bargaining Agreement is on the Agenda of the City meeting during his/her regular work hours without loss of pay,provided that neither Representative shall attend the same meeting as the other Representative at the same time.Prior approval must be given by the Representative's supervisor.The Representative is required to return to work and notify their supervisor immediately or as soon as practicable after the particular matter relating to the Collective Bargaining Agreement has been addressed. Any absence provided for herein shall be subject to the prior written request by the Representative at least twenty-four hours prior to such meeting and requires the approval of the employee's supervisor.The supervisor's approval will not be unreasonably withheld;provided,however Representatives will adhere to the aforementioned request notification procedures.Employees shall not be paid overtime for attendance at any meeting discussed in this Article.Approval to attend emeige.icy meetings may be granted verbally and within the twenty-four(24)hour timeframe. 4) A maximum of two(2)delegates of the Association's four(4)Representatives will be granted a leave ofGSAF-10 Page 587 of 813 '', .'-:-'',-.":11 .=.,j:Mii.;,,T,. .4,,,;;;;;;;:t1;:,,,,..::::,:j absence with pay not to exceed five(5)business days per delegate(for a total.of ten(10) business �` s days)per calendar year,for the purpose of attending State and International unon conventions.The two(2)delegates shall not be from the same division and/or work unit.Leaves of absence shall not } 4 exceed ten(10)business days in total in any calendar year.Business days shall be defined as Monday through Friday,excluding City recognized holidays and are not permitted to be taken in any two(2) ;- ? a ; ,C consecutive workweeks.All requests for leave shall be submitted to the Office of Labor Relations by v.,;,`.;,:f;.-.-_-_-;,,,-,:-.;•:...i1;;;;;,;;,,,-,;:,,,,,,i!..1:11;1;;;!!.t.:,,, ,;!!;1:.;;;;;,.,...;,:ii.,; ,,.iIiiirtillifili,41,1,,,41.i,<::;;,,..; the Association's President.The Association's President shall provide supporting documentation for the dates and locations of any such conventions a muumum of eight(8)weeks in advance for any F d 3 leaves of absence requested. The Office of Labor Relations shall forward all granted leaves of absences to the appropriate depa tment director and/or direct supervisor so that the department directors can make appropriate arrangements. 5) The Association shall have the right to send one(1)of its four(4)designated Representatives authorized with pay to' o attend and participate in City wide employee orientations for new hires whose classification ` is represented by the Association,provided that attendance is only permitt ed for the portion of the Citywide employee orientation where Collective Bargaining Units are permitted to address the attendees. �s The Representative is required to return to work immediately or as soon as practicable after the s ' i � k particular matter relating to the Association has ended. 1 Section 5.2.Employee Rights. 1) An employee is entitled to request that a single Association Representative be permitted to attend all s , formal interviews where the City's representative intends to gain information from the. he employee being " " interviewed that may result in disciplinary action against the employee. The employee shall be ' informed of the nature of the interview,the alleged conduct being investigated,and if requested by the s s1 S employee,given a reasonable period of time prior to the interview to contact an available Association Representative,provided that the interview is not reasonably delayed. { F�c � 6 2) No disciplinary action which results in loss of pay shall be taken against an employee unless he/she is ��a i notified of the action and the reason(s) for such recommended action given in writing prior to the action Notice in wilting shall be given to the employee as soon as practicable but no more than fam- fivesevenry-five(4575)days aft er the date when the City is made aware of the alleged incident giving rise ;';':.':.:.-;'-'''..-:';' .' '';;;;',.;1;:.,;','''':;:;'''.;'';"..:''',',''':;'''';',‘.*.i:''''''''''.;';'.'...';',:,,,::,:l';' to the action,along with a copy prodded to the Association. 3) Management will adhere to progressive discipline where appropriate. 4) Written `verbal warnings" shall not be kept in an employee's personnel file maintained in Human Resources unless it is a document supporting formal disciplinary action(i.e.suspension/termination).if GSAF-11 :`., Page 588 of 813 an employee receives two(2)or more written verbal warnings for a similar action and/or behavior ' during the time period being assessed for the employee's Annual Performance Evaluation, the •' i written verbal wamin shall be used in that articular em to ee's Performance Evaluation. g P P y 5) No employee shall be retaliated against or threatened with retaliation by reason of the employee to exercise their rights set forth in this Agreement. 6) The City ani the Association agree not to interfere with the rights of an employee to become or .`, not become a member of the Association. 7) Upon reasonable request, an employee shall have the right in the presence or.the appropriate representative of the City,to review and copy all or a portion of the employee's offial records which are a part of the employee's personnel file maintained by Human Resources or the employee's personnel file maintained by the employee's Department The City may charge a reasonable fee for copying in accordance with Chapter 119,Florida Statutes,but under no circumstances will the City charge the employee for labor fees associated with the request. GSAF-12 Page 589 of 813 .hr' ARTICLE 6 I k GRIEVANCE PROCEDURE .iz ki ' t s �� x Section 6.1.Purpose.It is recognized that complaints and grievances may arise between the bargaining agent s it v. and the employer or between the employer and any one or more employees concerning the application or ,,, ,,:, ,,=',,,::::,,,7,-,:i.,-,,,,:,,,,,,,,!,:i interpretation of any provision of this Agreement.The employer and the bargaining agent desire that these grievances and complaints be settled in an orderly,prompt and equitable manner so that the efficiency of the , � ' City of Miami Beach may be maintained and the morale of employees not be impaired.Every effort will be made by the employer, employees, an d bargaining agent to settle the grievances at the lowest level of k s m. supervision. The initiation or presentation of a grievance by an employee will not adversely affect his/her , ',,,' 1!1',,:...,:„,'' :`,..:'''''''''';'''',',,, '1:::"-,11;=.,!:;,:,-;!,t,' standing with the employer. Further, it is agreed that the Association may process grievances, advise, or participate in meetings or interviews on behalf of its members,subject to the provisions of this Agreement or " S: ; as otherwise provided for under State and/or Federal law. $1 KK No reprisals of any kind will be made by agents of the City against the grievant(s) or the Associations Representatives by reason of such participation in the processing of their grievance.Similarly,the Association, I its officers or agents, shall not impede, malign, or delay the City or Management's representative in their K duties during the investigation or processing of said grievance. The parties agree that the grievance/arbitration process set forth in this Agreement shall be the sole and exclusive method of resolving all grievances by bargaining unit employees.Employees covered by this Agreement shall no longer be able to file an appeal or grievance via the City's Personnel Board procedure for any issue/matter,and the z4;? patties agree that the Personnel Board shall not have any jurisdiction to hear any grievance or appeal filed by the ':'; ':','`-::::,'-'s,:',-,-'14:'''''''','''''''''''n',:::',4'',,,,i''''1"::,';"'',1::',.:',.'7,:i'',.-"':' bargaining unit or any bargaining unit employee regarding discipline or any other issue or matter. If,during the term of this Agreement the City creates an alternative dispute resolution process,then the parties ' '''' '',:'''.",'''''';,' :::''''''''''''''''','''...,-„,2-,!-!:','-i''''',e;'''''.1',-,„1.%::..,: agree to meet and discuss whether that alternative dispute resolution process may be used by the bargaining agent and/or bargaining unit employees via a binding Election of Remedies in lieu of the contractual grievance process tt Section 6.2.Definitions. a) Grievance - a grievance is a dispute involving the interpretation or application of the express terms of any provision of this Agreement,excluding matters not covered by this Agreement or ' ' ,::,, :: ' where Personnel Board rules and regulations are involved. Disciplinary actions, including discharges,may be grieved under this Article,as provided herein.Grievances regarding certain non-disciplinary matters,such as disagreements as to the meaning or application of or changes to Personnel Rules or other work rules or policies, may be filed by the bargaining agent pia the contractual grievance process,provided however,that such grievances shall be eligible for GSAF-13 Page 590 of 813 processing only to Step III of this grievance process,and that the City Managers(or designee's) s g':,;,,..'..2,..,',..::,':::.1'1;..,:;::,1:',,:::i..:iii,..'";111.1{.11-1,.;,‘i.i.iii,v,i.i':.kliili'l'iii,4...'''''.;...':.:.),,,k!,0.)- decision at Step III shall be final and binding an d shall not be subject to arbitration or any othera H further appeal.Grievances regarding questions of other non-disciplinary/contract interpretation matters shall be subject to the requirements of this grievan ce and arbitrator procedure. b} Aggrieved Employees)-the employees)filing the grievance or causing the grievance to be filed. ,',.-:'''',i!"--,'1'..,::::::'''''''.:"..!';:::.':::',:::..'''''''-:.::7':;.:.:'''':::::.-f.:;;',..r.111:'!' Immediate Supervisor - the individual having immediate supervisory authority over the aggrieved employee(s). Division Head-the head of the division in which the aggrieved employee(s)works. Department Head-the head of the department in NI/hich the aggrieved employees)works. Days - days as referred to as rime limits herein shall mean working days (i.e., Monday through Friday,exclusive of scheduled holidays). Section 6.3.Special Provisions. a) The time limits set forth herein may only be extended and/or modified by written agreement.The City Manager or designee may agree to a written extension of the grievance time limits,on behalf of the City,at any step in the grievance process. � F r�i b) If the employer violates any time limits,the bargaining agent may advance to the next step without waiting for the employers response. If the Association or the grievants) fail to ' .,',.,:''.;,'..,',initiate or move the grievance through the grievance procedure,in accordance with the time limits set forth herein,it shall be deemed untimely an d considered withdrawn. c) The parties acknowledge that as a principle of intc,t,retation employees are obligated to work as directed while gri evances are pending except where the safety of a working condition or ' health of the employees)is the basis of the grievance. E d) The aggrieved employee shall be allowed to be present at the various formal steps of the grievance procedure,including arbitration.To the extent said employee is on his/her regular ,"" work schedule,he/she may attend without loss of pay for those actual hours during their ' , ,.,.,,,,,,",•''',,,,:.:,:"..',,,.', .,;,,...; ,,,..-.,.: -,". ;, , , regular work schedule. e) The Association shall designate in writing to the City the name of one individual who shall be GSAF-14 Page 591 of 813 designated as the Chief Steward,arose function shall be to assist the bargaining unit members in "" ' g t,r the processing of complaints and grievan ces under this procedure In order to investigate,discuss . and process grievances,the Chief Steward must request and receive written permission twenty- four (24) hours in advance but it may be less than twenty-four (24) hours in emergencies. Pursuant to Section 5.1 (1)herein,the Chief Grievance Representative is required to re turn to " work and notify their supervisor immediately following or as soon as practicable after any such ' ,, ;':,,•,,,,,',"'',"'.,,-,.,i..:,.":i:..,1,5!,1":".5,;:!::'::'!:",,!,;,,",',";::,.:,,,...,," '5',",":".,1"..; meeting being attended for grievance matters. f) An employee may request Association representation in accordance with the provisions of this Agreement at each and every step of the grievance procedure set forth in this Agreement. g) The bargaining agent in accordance with its own lawful internal rules,shall have the sole and exclusive right to determine whether any grievance warrants processing through this ar bitration y procedure In the event the bargaining agent determines at any.step of the grievance procedure that a grievance does not warrant processing,a written notificaton of that determination.shall be sent to the City bianal er s designee for Labor Relations,with a copy to the employees) ns olved who shall then be free to process it themselves or through legal counsel up through Step III only (except in cases of certain disciplinar'Ito-ctions as noted herein). h) If the bargaining agent has declined process or further process any grievance presented to it an d if any employee,or group of employees,desires to process it or further process their own grievance through this procedure (subject to the limitations set forth herein), the bargaining agent shall be sent copies of all written communications sent by the employer or the employees) involved. Further, nothing herein contained shall be construed to prevent any public employees from representing at any time, their own grievance in person or by legal counsel to the employer,and having such grievances)adjusted without the intervention of the bargaining agent,provided however,that the adjustment is not inconsistent with the terms of the collective bargaining.agreement then in effect; and provided further that the calla bargaining agent has been given noce an d a reasonable opportunity to be present at any meeting called for " the resolution of such grievances. i) The bargaining agent shall not be responsible for any costs (including arbitration costs) attendant to the resolution of any grievances)it has not processed. j) The parries acknowledge that multiple grievances may be combined at any stage of the grievan ce procedure where the class of aggrieved employees is dearly defined and the subject matter of the grievances is the same or similar. GSAF-15 Page 592 of 813 r l k) At Step I,all formal grievances shall be presented on the Grievance Form provided by the City. The grievance shall include the date of the alleged violation, the specific article and section grieved;a brief description of the grievance,and the remedy requested.The Election of Remedy Form shall be attached to the Step I grievan ce. 1) Verbal warnings may be grieved only through Step I of this procedure.Written warnings maw only be grieved through Step 11 of this procedure. f 7sx Section 6.4.Election of Remedies.It is agreed by the Association that employees covered by this Agreement shall make an exclusive election of remed prior to a St I grievance or initia action for redress in . >,i. Y P filing Steil gri any SR's other forum(to the extent that any other such process is available).Such choice of remedy will be made in writing on the Election of Remedy Form to be supplied by the City.The Election of Remedy Form will indicate whether the aggrieved pam or parties wish to utilise the grievance procedure contained in the Agreement or initiate action for redress before a governmental board,agency,or court proceeding(to the extent that such other process is ;, , , available).Selection of redress other than through the grievance procedure contained herein shall prelude the ' aggrieved party or parties from utilizing said grievance procedure for adjustment of said grievance.If applicable, the Election of Remedy Form shall be attached to the Step I grievance. GRIEVANCE STEPS: STEP I a) The grievance shall be filed within fifteen(15)days of the alleged violation,misinterpretation or misapplication of the terms and conditions of employment set forth in this Agreement. b) The grievance shall be filed with the division head in writing, on the Grievance Form as • s provided by the City,and as agreed herein,and shall state the specific article,section an d s language alleged to have been violated.If applicable,the Election of Remedy Form shall be attached to the grievance. c) The division head or his/her designee shall note the date of receipt of the grievance on the Grievance Form,and shall schedule a meeting with the aggrieved employee to take place within ten(10)days of receipt of the grievance. - d) Within ten (10) daps of the meeting, the division head shall render a decision and shall immediately communicate that decision• writing to the aggrieved employee,the bargaining agent,the department head and the City Manager's designee for Labor Relations. GSAF-1G Page 593 of 813 .S- e) The aggrieved employees) and/or the bargaining agent may appeal the decision of the }4 it division head within ten(10)days of receipt of the decision. '^g 4,41 '. f) The appeal shall be submitted in writi ng on the Grievan ce Form to the department head.Failure to appeal the decision of the division head within ten(10)days shall constitute acceptance by the i aggrieved employees)and the bargaining agent of the decision as being a final resolution of the issues raised. i STEP II " a) If the aggrieved employee(s) appeals the decision, the department head shall schedule a meeting to take place not more than ten(10)days after receipt of the appeal.The bargaining agent shall be advised in writing as to the date of the proposed meeting,and shall have the right to send one(1)observer to the proceedings if the bargaining agent is not involved in xTi the actual representation of the aggrieved employee(s). b) thin ten(10) days of the meeting, the department head shall render a decision and shall , ,• immediately communicate that decision in writing on the Grievance Form to the aggrieved a employee(s),and to the bargaining agent and the City Manager's designee for Labor Relations. c) The aggrieved employees)may appeal the decision of the department within ten(10)days of receipt of the decision.The appeal shall be communicated in writing to the City Man ager or his/her designee for Labor Relations on the Grievance Form and s-he-ad.a nclude copies of all " '"','''''.;;',,:-''''''''''''','":,,.;",''.,'','''',,':',,,3jl '-,''-,::';;;''',;,li::';:.-:',‘..,I,,I, pertinent documentation.Failure to appeal the decision of the department head within ten(10) days shall constitute acceptance by the aggrieved employee(s) and the bargaining agent of the --" decision as being a final resolution of the issues raised. STEP iii) If the aggrieved employee an d/or a Representative of the bargaining unit appeals the decision, the City Manager,or his/her designee for Labor Relations,shall schedule a meeting with the aggrieved employee to take place within fifteen(15)days after receipt of the appeal b) Within fifteen (15) days of the meeting, the City Manager or his/her designee for Labor Relations shall render a decision and shall immediately communicate that decision in writing to the aggrieved employee and the bargaining agent. c) Failure to appeal the decision rendered in Step III within fifteen(15)days(for matters that are subject to the arbitration procedure)by notice of intent to submit to arbitration shall deem the GSAF-17 Page 594 of 813 decision at Step III to be final and no further appeal will be pursued. Section 6.5. Arbitration. If the employer and the aggrieved employee(s) and/or the bargaining agent fail toaac. resolve the grievance,the grievance may be submitted to final and binding arbitration by an impartial neutral mutually selected by the parties,provided that the grievance involves a matter that is subject to the arbitration process.However,the patties agree that the bargaining agent maintains the exclusive right to determine whether any grievance concerning a non-disciplinary matter(that is outside the scope of Section 6.2(a))should be taken to arbitration under this procedure. In cases involving the issuance of certain disciplinary actions (.e., only suspension without pay,disciplinary demotion,or termination),the parties agree that an individual employee who is not represented by the bargaining agent may elect to proceed to arbitration under this procedure,provided that the employee shall be responsible for all costs and fees related to presenting his/her case. a) Notice of intent to submit the grievance to arbitration shall be communicated by the office of the Association President in writing to the office of the City Managers designee for Labor Relations within fifteen(15)days of the receipt of the decision at Step HI.Any request to go to arbitration on behalf of the employer is to go to the Association President b) Within fourteen(14)days after written notice of submission to arbitration,the parties will agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified time a request for a list of five (5) arbitrators shall be submitted to the Federal Mediation and Conciliation Service.Both the City and the Association shall have the right to strike names from the panel.The striking of names from the list of proposed arbitrators shall - be accomplished by having the parties alternately cross out names on the list. s � $ , The arbitrator shall be notified of his/her selection within five(5)days by a joint letter from the h � City and the Association requesting that he/she set a time and place for a meeting,subject to the availability of the City and the Association. c) The arbitrator shall have no right to amend modify, ignore, add to or subtract from the pro visions of this Agreement.He/She shall consider and decide only the specific issue submitted to him/her in writing by the City and the Association,and shall have no authority to make a decision on any other issue not submitted to him/her.The arbitrator shall submit in writing his/her decision within thirty(30)days following close of the hearing or the submission of briefs by the parties,whichever is later,provided that the parties may mutnalh agree in writing to extend said limitation.The decision shall be based solely upon his/her interpretation of the GSAF-18 Page 595 of 813 meaning or application of the express terms of this Agreement to the facts of the grievance + presented.Consistent with this Section,the decision of the arbitrator shall be final and binding. All arbitration costs,including the cost of stenographic reporting of the arbitration hearing if agreed to by the parries,shall be divided equally between the employer and the bargaining agent (or the employee in cases where the bargaining agent is not representing the employee). Each party will pay the cost of presenting its own case, including the cost of u attorney fees and witnesses. Section 6.6.Differences Concerning Personnel Rules.A difference of opinion with respect to the meaning or application of the Personnel Rules which directly affects wages,hours,or working conditions may be submitted through Step III of the grievance process as set forth in Section 6.2 (a).The Personnel Rules are incorporated herein,unless otherwise specifically provided for in this agreement. Y L 4 GL lS aZ GSAF-19 Page 596 of 813 ,:, '14,,,[..'17"'",:':::: :',1.,,,,,,‘,'.,,:`11;`R,::<'.,:;,"]:'1,..,`:-ikr',,i,,,,,,:::::::",:,'''.i.,''','''i. ARTICLE 7 HOURS OF WORK AND OVERTIME Section 7.1.Normal Workday.The normal workday shall consist of eight(8),ten(10)or twelve(12)hours of 4----.1 rortnatted une 9 151r�es work,exclusive of the lunch period,in a twenty-four(24)hour period,unless some other workdays are specifically ,u, authorized by the City Manager.Employees shall he assigned twelve(12)hour workdays only during emergency 4 Fonttatted; situations and/or special events.as declared by the City Manager or his/her designee. x ' Section 71. Normal Workweek. The normal workweek shall consist of forty(40) hours per week, and '! such additional time as may from time to time be required in the judgment of the City,,to serve the citizens of the City.The workweek shall begin with the employee's first regular shift each week. u No schedule changes involving shifts or days off shall be made without at least ten(10)workdays'notice to �, 7 the employees involved,provided that in an emergency,or other such reason justifying a temporary schedule ,.,,:-.,,,s,...,:,:;..,,,,,,, ,: ,A change only such notice as is practicable shall be given.The implementation of this provision shall not be arbitrary and capricious. Section 73. Rest Periods.Employees may take a rest period of fifteen(15)minutes for each half-day of work. Daily rest periods shall be scheduled by the supervisors,whenever practicable,the test period will be scheduled approximately mid-point in the first one-half of the employee's regular work shift and in the second half of the , employee's regular work shift.Employees who extend their rest period are subject to disciplinary action.However, upon the request of an employee and with the approval of the employee's supervisor,the two (2) fifteen (15) '''''''''':::',''''''' '''-'''''''''.''''''''''',:'' '''''''''''-',''''''',' ::.-1:::':::' minute rest periods,may be combined with the employee's thirty(30)minute meal break providing for a sixty(60) minute meal break.Should such occur,no additional rest periods will be provided to the employee during their regularly scheduled shift. For each additional four(4) hours worked beyond the regular shift, an additional fifteen (15) minute rest , period shall be provided. a Employees in PSCU shall enjoy a fifty(50)minute meal break and a ten(10)minute rest period which,upon , ',--,,,,,,--:;,.•,:,11,,',':,,,,',,,,,,`" ' '.. - ' 3 request of an employee and with the approval of the supervisor,will be combined into a sixty(60) minute meal break.The combined sixty(60)minute meal break is provided in lieu of not in addition to the two(2) fifteen(15)minute rest periods. s., Section 7.4.Reporting Pay.A fu l-time employee who reports to work as scheduled will be guaran teed eight(8), ten(10)or twelve(12)hours of work or eight(8),ten(10)or twelve(12)hours of pay;provided,however,that GSAF-20 Page 597 of 813 y',. § 7.i:W supervisors may assign employees to perform any reasonable work. Ya e Section 7.5. Overtime. It is understood that the City may require necessary and reasonable overtime for 1*' „ a unit members.Where employees are eligible for overtime pay under the Fair Labor Stan dards Act(ELBA) for all hours worked in excess of forty hours during an employee's workweek,the City will pay the employee z one and one-half(1-1/2)times the employee's straight time hourly rate of pay. tR ,,,,' ; ';'.,::::,,;,:,:,',:,":-..1::';,::::'':,:;:".4:,;'*:1A.'1-j:r'',,,,7'..1''',',,,4''''.i:::',,',:''',,',:::,i15:;.,,,i''1;",',!..'.,''-:,ii',i.s;'-'::::;.:::ii::,'i'S''::::;;i'-e:', t Annual leave,Holiday leave, and other paid leave shall be considered as time worked for the purpose of computing overtime;but sick leave shall not. Effective October 1,2013,only actual hours worked shall be considered for the purposes of computing overtime. Paid leave, including but not limited to annual, holiday, sick, family and medical (FMLA), birthday, floater bereavement,compensatory and administrative leave shall not be considered as time worked for the purpose of computing overtime.This provision shall take effect provided the same terms are accepted by or imposed upon y x }s the American Federation of State, County and Municipal Employees (AFSCME) Local No 1554 collective bargaining unit in its 2013-2016 collective bargaining agreement. Effective upon ratification of this Agreemen6 holiday leave shall count as time worked for the purpose of computing overtime. 3 For all hours worked on an employee's seventh consecutive workday within his/her workweek,the City shall pay ''t two(2)times the employee's straight time hourly rate of pay,provided the employee has worked his/her full shift y on each of the six(6)preceding workdays;provided that paid leave will not be considered as time worked for the : ,,,',,',.::',,,:,,,,„;3i:::,,i-5`,:!,,,,,,;,:iii7.5,:2,7.!;.,:i;;;,15,!,,,,,,,,,,::1,,,,,,,,,,i,.:::,,,,::,.ti,.:55,5:5,i5;!5,,,,ii purpose of this Section,with the exception of the Public Safety Communication Unit(PSCU). This provision shall not be applicable if a substantial number of employees are scheduled to work seven(7) ' -,'1::;,,,,,,,:::::::":„:1,,,,,,i,;,.,,,,,,,,,,,,,!,,,;?;c1,;,:i-i;ki.,51,51;,,,::::55,2,5„!;,:::,:ii;,,,,:,,,,5,,,:5,,,,,,5:,,,,,i,,,,,,;,,,,,51:1,,,:,,,itilit,:illi,,, consecutive workdays because of an emergency such as a hurricane. �.r..: ire 111 ...�-lv' s;, Effective upon ratification of this Agreement In the parties,employees shall no longer eam compensator lease in lieu of the payment of overtime.This provision shall take effect provided the same terms are accepted by or , a imposed upon the Communications Workers of America(C's'c )Local No.3178 collective bargaining unit in its ' ,,,,.,11::`1,,,;;;,,E,:i.,..;,,,.,;i,,!,ii,E,,,,,ilitir,,,,,I;;.,';,,,,,,,,,,:,,,,:‘,.:,,i,,i,,,,,,,,,,:e, M 2015-2018 collective bargaining agreement. Section 7.6. Distribution of Overtime Opportunity. Opportunity to work overtime shall be distributed as .,; equally as practicable among employees in the same job classification in the same work section and area staring with the most senior employee,provided the employees are qualified to perform the specific overtime work GSAF-21 Page 598 of 813 i;. a i - 1 3 5 "t' 4' required. a Seniority for the purpose of this subsection shall mean length of continuous service with the City. Overtime opportunities shall be accumulated on adequate records(which shall be available to the employees) ,, and offered overtime not worked shall be considered as worked in maintaining these records. w ' If any qualified employee establishes that he/she has not received his/her fair share of overtime opportunities, '" = � such employee shall have first preference to future weekly overtime work until reasonable balance is recreated. M Employees who have been credited for overtime hours not worked shall not be discriminated against with 4 a respect to future overtime opportunities. �'�, � �� ' ells kAr A 3.? -y.k Section 7.7.Call Back Pay.An employee who is scheduled or called in to work outside of his/her normal mil«" hours of work will be guaranteed four(4)hours of work or(4)four hours of ay.It is understood that call-in 3 € 3� pay shall not overlap with an employee's regularly scheduled shift. i Section 7.8.(a).Stand By Pay.Employees expressly assigned to standby status shall receive two(2)hours o straight time as a Standby bonus for each day of that assignment.Employees will f ll not be paid both the Standby bonus and Call Back pay for the same day(.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 toi standby must respond to any call ,, within ten(10)minutes and must be available to report to the work-site within thirty(30)minutes(or some other reasonable period of time as determined based upon the circumstances). Failure to meet these requirements (as may be modified in the City's sole discretion), or other requirements related to standby r r; assignments that may be determined necessary by the City,shall result in forfeiture of the Standby bonus,and �¢ possible disciplinary action,based on the circumstances of each case. ; Section 7.8. (b).Stand By Pay.Employees in Public works—Operations,the Proper Management Division 1 -' and the Fleet Management Division not expressly assigned to standb status who are contacted via telephone x ' : 3; Manag P Y �bn' Y eP -s outside of their normal hours of work will receive two(2)hours of straight time as a Standby bonus;provided however,the employee will not be paid both Standby bonus and Call Back pay for the same day(.e.,if called in as ..:,,,,,,,,,,,,,,,, „:,,,,..,,,,,;,,,,,,,,,,,'"..'",,,?';,,'-n'iil',-,;,,,,,,,:`l:,-,,,,,,,,,',,,,,,,,,,'..,': '.' :.:,,,,,,, a result of a telephone conversation,the employee will be paid only the Call Back Any such telephone P P 1 pay). 5 P conversation must be initiated only by the Public Works Director,Property Management Director or the Fleet Management Director or their designee. Section 7.9 No Pyramiding.Premium pay and overtime shall not be paid for the same hours.The employee GSAF-22 Page 599 of 813 a '.' shall receive the greater of the two alternative premiums. GSAFA -23 Page 600 of 813 ‘a t ABTIC11.F.R s r m WAGES&FRINGE BENEFITS ,� Section R1.Wades. +`"�34 �4e The City of Miami Beach classification and pay system will be utilized under this contract. This includes £ i , -4 " salary range changes, job audits, and market classification studies. This does not include cost-of--living z } increases.No change shall take place until the Union President or his/her designee concurs. ' ,qq rte€ � a � 1 . V 6 A a€ No bargaining unit member who left the City's employ prior to the date of ratification of this Agreement by ' k both parties will be eligible for any wages or benefits under this Agreement. No decision made within the context of this provision shall result in a lower grade,the removal of a job classification from the bargaining unit,nor shall said decision result in an exemption from FISA overtime requirements. a a) Effective the first(1�)pay period ending in Oui,l,c� 1 uiL�i)12�m/ there shall be tttr .ao_across-the , t v 1 Fyn board w increase of on a rrent(1 n1 for array-.dLL Lbargauung unit positions. _In ad cr.•• *hfl >;I i minimums and maximums of each job classification rangy yell he increased by one percent (1%) accordingly. b) Effective the first(1u)full pay period ending in Ocu,bei 4ut}2tt1?2ALZ,there shall be arses across-the °r" Formatted:Outline numbed+Level:1+ Numbering Style:a,b,c,...+Start at:i+ board wage increases�f three pPrrrr r r3°„l�fot Ally ali GS ti bargaining unit positions.Iv adtlitic� rhr Algnment:Left+Aligned at:0"+Tab after: 0.5"+Indent at:0.5" minimums and maximums of each job classification range will be increased by three percent (�'?/°), ` accordingly'. y -hie) Effective the first(1st)full pay period ending in Hcn��erl �Hi-2u11$,there shall be an across-the- - board wage increase of three percent(3%) for all GSAF bargaining unit positions.In addition,the r minimums and maximums of each job classification range will be increased by three percent(3%) accordingly'. I - ' 1'.•- Formatted•tine Spavn9:15 pnes .. _� be applied to GSAF batfl�ining unit positions. Within sixty (60) days of an employee s merit review date, they employee's Department shall complete a Performance Evaluation and forward it to Human Resources.The Ealuation shall be completed in accordan ce GSAF-24 Page 601 of 813 with the policy established by Human Resources. Failure to complete a Performance Evaluation for employees who are not at the maximum of the range,within sixty(60)daps will result in an automatic two • two percent(2%). . • • • --- Formatted:Font(Default)Garamond )• r•zhove on their annual evaluation shall be eligible for a merit increase on their anniversary date provided that - FY 2016/17:and FY 2017/18_any employee whose salary exceeds the maximum of the salary range for his {Formatted:Forst(Default)Garamond 3 /her position shall be eligible to receive a one-time.non-pensionable payment.up to 3%.Ratings shall be 1 r Formatted: Font: (Default) Garamond, Not Strikethrough,Not Highlight through 5 as follows:1 equals unsatisfactory.2 equals needs improvement,3 equal meets expectations.4 equals exceeds expectations and 5 equals significantly exceeds_expectations. An employee who receives M1a score Formatted: Font: (Default) Garamond, Not Highlight between 2.5 and 3.49 shall be eligible for a one percent(1%)merit increase,an employee who receive a score * Formatted: Font: (Default) Garamond, between 3.5 and 4.49 shall be eligible for a two percent(2%)merit increase,and an ht employee who receives a -\ Not Strikethrough,Not Highlight score between 4.5 and 5 shall be eligible for a three percent (3% High ) merit increase. Performance Evaluation 1 Fonratted: Font: (Default) Garamond, increases may total no more than three percent(3%). Not lig Formatted: Font: (Default) Garamond, Not Strikethrough,Not Highlight 1 Formatted: Font: (Default) Garamond, t ;t Not Highlight If an employee's merit rating score does not qualify him/her for a merit increase,the employee shall not Formatted: Font: (Default) Garamond, Z 1 Not Formatted: Fo Not Highlight receive any merit salary increase;however,said employee may grieve the evaluation up to Step III under the `1a`4 Formatted: Font: (Default) Garamond, provisions of this Agreement. 1 i+ Not Strikethrough P b'r '`, Formatted:Font:(Default)Garamond )1ki. Formatted:Font:(Default)Garamond Formatted:Line spacing:1.5 lines Formatted: Font: (Default) Garamond, Not Strikethrough Section 8.2. Holidays. The following fourteen (14) days shall be considered holidays: New Year's Day, President's Day,Memorial Day,Independence Day,Labor Day,Veterans Day,Thanksgiving Day,the day following Thanksgiving,Christmas Day,Dr.Martin Luther King's Birthday,three(3) floating holidays,and the Employee's Birthday. Employees shall become eligible for floating holidays and the Birthday Holiday upon completing six(6)months continuous service with the City. Section 8.3.Holiday Pay. a) Whenever any of the holidays listed in Section 8.2.Holidays,of this Agreement fall on a Sunday (or Monday for employees whose regular day off is Monday), the following workday shall be observed as the official holiday;whenever any of the above listed holidays occur on a Saturday(or Friday for employees whose regular day off is Friday),the preceding workday shall be observed as GSAF-25 Page 602 of 813 considered to be the paid holiday and not the regular day. \ City celebrated holidays that fall on Tuesday,Wednesday,or Thursday,and said holiday is �� on the employee's re day off, then the employee shall receive a day's a• for said t regular pay wr : holiday,if they meet all of the qualifications contained herein. b) To be eligible for a paid holiday,an em to=ee must report for scheduled woerk on the holiday if P } P } eP t applicable,on the last scheduled day preceding the holiday and the first scheduled day following the holiday unless such absences are excused.To qualify for Holiday Pay,excused absences for ; I the purpose of this section are defined as: 1) an employee calls in sick and is eligible to receive paid sick leave, f and who is granted sick leave usage; e, 2) approved annual leave; 3) floating holiday 4 '� , ,r.5r 4) birthday; 5) bereavement. eye•c) Whenever an observed holiday occurs on an employee's scheduled day off and the employee ' f k does not work thereon, the employee shall receive for his/her normal workday a straight ' time hourly rate of pay for the holiday. d) For work on a holiday falling on a non-job basis employee s regularly scheduled work day, ,,'.NI he/she shall receive holiday pay for the holiday and time and one half for the hours worked. r Y8 e) Should a non-job basis employee be required to work on a holiday falling on his/her day off, i:4 .a r € 3 x 3 he/she shall receive holiday pay for the holiday and shall receive i holiday p } pay at double time and one �',�� w half rate for the hours worked. re f) Failure to report for work on, before, after, or during the holiday after having been K scheduled to work on such holiday shall be just cause for denial of holiday pay. i g) A holiday which is observed during an employee's regularly scheduled workweek shall be considered as time worked for the purpose of computing overtime for non-job basis employees. Effective October 1,2013,oOnly actual hours worked shall be considered for the purposes of computing ".,, .... ' , ''ddi: overtime.Paid leave,including but not limited to annual,holiday,sick,family and medical(FMLA),birthday, %' GSAF-26 Page 603 of 813 ; 5 r += n x �a floater, bereavement and administrative leave shall not be considered as time worked for the purpose of :" I computing overtime.This provision shall take effect provided the same terms are accepted by or imposed upon the American Federation of State, County and Municipal Employees (.�,FSCA'IE) Local No. 1554 11,E collective bargaining unit in its 2013 2016 collective bargaining agreement. Section 8.4. Meal Allowance. An employee who works three (3) or more hours of overtime that is contiguous with his/her shift shall be paid a seven dollars($7.00)meal allowance. In the event of emergency conditions or if employees are supplied with a meal while working the overtime mod" hours,the meal allowance,as provided under this Section,shall cease. a3 ,', ' ,:',' ''Z'',..''' ';,''•,,•„•,•,•'',;t,.•-,,,;• ', ,‘,,,4"-' Section 8.5. Bereavement Leave. In case of death in the immediate family of an employee,time off with " i straight-time pay will be allowed for up to two(2)scheduled workdays per death or four(4)scheduled workdays ' ,, .'' , ' .;i‘,,,,,,,',,,,,.,,',,-,ii,,:j1::::,,, -,,,-, ,,, ,,,‘ ,,,.., per death if funeral is held outside the State of Florida. An additional three (3) days may be granted fora maximum of five(5)or seven(7) days off,if approved by the Department Head.The three(3)additional days off ,s may be charged to the employee's accrued sick or vacation time and shall not be counted against the employee , , ‘ ,:, ;,..,::.7.4.,,,,!::,,,..: ..,,,,,,.: ,,,,,.i.,..:‘,,.,.., for the purposes of performance evaluations ratings. The immediate family shall be defined as father, mother, husband, wife, sister, brother, son, daughter, i: grandchild, grandfather, grandmother, mother-in-law, father-in-law, stepfather, stepmother, stepson or stepdaughter,or domestic partner(as defined in the Domestic Partner Leave Ordinance). In the case of a death of a member of the employee's family not herein specified but who lived with the employees family at the time of his/her death,consideration will be given to the employee s request to use , , :; :::, : accrued annual leave or floating holidays to attend the funeral. Upon request,an employee may be required to provide verification of his/her relationship to the deceased ° and of the death. Section 8.6.Unpaid Leaves.Leave of absence without pay may be granted in accordance with the City of Miami Beach Personnel Rules. Section 8.7.Jury Duty.The City of Miami Beach shall permit employees either to keep payments received fioui Courts of competent jurisdiction for being on jury duty,or in the alternative,their standard rate of pay,whichever is ' ,,'.,,,,,,.. , ,i,, ' , ,, higher. For each day an employee is called to jury duty,he/she shall be excused from work for such time as is necessary to complete jury duty service.Employees are expected to return to work upon being released from jury duty during the work shift.However,if three(3)hours or less are left in the employee's work shift at the time that GSAF-27 Page 604 of 813 -iair as �' - the employee is released from jury duty, the employee shall immediately contact his/her immediate supervisor for instructions as to whether he/she should return to work for the remainder of that shift. z it.1 Section 8.8.Uniforms.For the term of this Agreement,the City will provide uniforms(i e,a full uniform set shall include a long or short sleeve shirt and long or short pants)to bargaining unit employees who are required to wear them.Employees will be issued S sir sets of new'uniforms(4 five(5) sets if the employee works a 4 day work week)in April of each year New employees will be issued Sve six (56)sets(or four Erve (4S)sets depending on the employees schedule of uniforms upon en into the ha unit If an employee has been em to ed in the ) ttY1Og P } c bargaining unit position for six (� months or less when additional new uniforms are issued in April,then the additional new uniforms will not be issued to the employee at that time,but the employee will be issued a complete set of new uniforms in the following April The composition of the uniform shall be determined recommended by r. the Uniform Committee,comprised of two(2)GSAF representatives and two(2)Management representati�es.,The �j� final selection of uniforms will be made by the Department Director after consultation with the AssociationUniform Committee.The uniforms issued shall be chosen based on considerations of employee safety and comfort as well,as cost.Issued uniform items (.e.,a shirt or pang)will be replaced on a timely basis by the Department upon te #€ y employees presentation of worn or damaged uniform items provided,however,employees shall receive no more than two(2)additional replacement uniforms items(up to 2 shirts and/or 2 pants)each year.Each Department shall'';",;":55,";"5"5;:5;"";55;5;:lfg.,; i5li:;71, 5:feh;"5;''''',5 .,',".':'4", provide necessary safety/foul weather gear,as appropriate. r 1, The Beach Patrol Operations Supervisor shall be provided with one(1)sweat suit per year. a r a All GSAF Employees will receive one(1)uniform jacket during year three(3)of the term of this contract. ' £ P The vendors will deliver the uniforms in the month of April of each year for the term of this Agreement. x$ ` i Section 8.9. Safety Shoes. Employees in the followin ob classifications will be required to wear safe S I q t} shoes during all working hours.A safety shoe certificate will be provided to those employees in the following 2 job classifications for the purchase of safety shoes meeting ANSIZ41 Federal Safety Standards. When due to extreme wear and tear or accidental destruction,a replacement pair of safety shoes is required, the City will giant an additional shoe certificate for the purchase of a replacement pair of safety shoes when "' the destroyed or irreparable pair of safety shoes is turned in to the Department The Department Director z or his/her designee,shall issue the certificate for the replacement pair of safety shoes on the basis of need and not on an automatic basis.Further the replacement of worn heels and/or soles on the safety shoes shall v be the responsibility of the employee and not the City. GSAF-28 ,s. Page 605 of 813 : Those employees in the following classifications will make his/her safety shoe selection from a predetermined—�r une spacing 15 fines )n, a list of safety shoes.,which The predetemvned list will be developed by ans Association/MMfanagemt:nttheSafri 4 1 Shoe Committee comprised of two Association GSAF re resentatives and three two 32 Man meet .',',T,,,.:..1;.-:."s representatives. The final selection of safety shoes to he on the predetermined :set shall be made by the Fq q� Department Director,after consultation with the Safety Shoe Committee. 3� Air Conditioning Supervisor Pumping Operations Supervisor City Surveyor Senior Building Inspector Electrician Supervisor Senior Engineering Inspector Electronics/Instruments Supervisor Sewer Field Operations Supervisor xs r Fleet Operations Super isor Street Lighting Operations Supervisor ` ' Maintenance Supervisor Street Operation Supervisor . Metered Service Supervisor War Supervisor Parking Operations Supervisor Water eh ouse Field Op Supervisor Park Operations Supervisor Water Meter Supervisor Paint Supervisor Plumbing Supervisor It is the City's intent that the safety shoes selected and approved by the Safety Shoe Committee shall not be significantly inferior in quality to the safety shoes currently being offered to employees.Employees receiving the safety shoe certificate will be required to purchase and wear the safety shoes during all working hours and will be subject to up to the loss of a day's pay for each day that the employee reports to work and fails to �, wear the required safer=shoes.Action taken against the employee under this Section shall not be appealable ', ;� s to the Personnel Board or grievable under this Agreement ' '''l , � . 1 Upon ratification of this Agreement. employees mac receive uniform shoes in lieu of safety shoes. at the f Formatted:Font Not Bold,Noirid Ire dicretion of the department director. .te., rk Section 8.10. Shift Differential. Where a majority of an employee's regularly assigned shift hours fall between 3:00 p.m.and 11:00 p.m.,the employee shall receive a shift differential of forty five cents($.45)per hour for work performed after 3:00 p.m. , i,, '-q I , 1'''',,`-:::::,:;?!,',',V:-,3'.'''"' -,,:' ' , , Where a majority of an employee's regularly assigned shift hours fall between 11:00 p.m. and 6:30 a.m.' the employee shall receive a shift differential of fifty-five cents($.55)per hour for work performed after 11:00 p.m. GSAF-29 Page 606 of 813 Section 8.11.Rate of Pay When Working Out of Classification.An employee may be required to temporarily 1 ' work out of his/her classification when directed by Management.Temporarily is defined as an employee who is 5 dearly and definitely performing the principal duties in a higher pay classification for more than two(2)hours per s day,an d 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 it best serve the needs of the City service: � n a) If he/she is temporarily working in a lower classification,he/she shall receive his/her hourly rate in b r his/her regular classification. Employees will not be assigned to lower classification work as punishment or to demean the employee. b) If he/she is temporarily working for two (2) or more consecutive hours in a higher paying classification,he/she shall be paid an hourly rate of one dollar($1.00)per hour to be added to the employee's straight rate of pay. t Employees being trained with on-site supervisory assistance in a bona-fide training program for a higher $ a. paying classification will be paid their current rate in their regular classification during such training time. , , .-:.; '' ;;;;-".',;;;'-'5`,;',:,.;-,,,,,,;;;,,;;;,,,,,.; ,,,,,,,,,: Section 8.12.Paid Leave. Full-time bargaining unit employees shall earn and be paid for sick leave and vacation leave in accordance with Ordinance No.133D provided,however that: Am edical certificate,signed by a licensed ph}sician shall be required to substantiate a request for sick leave when: a) a supervisor suspects abuse of sick leave because of a developing pattern(e.g.,frequent sick u 3 leave usage of less than one shift in a continuing twelve(12)month period employee denied fi annual leave and subsequently claims illness,etc.).The Supervisor shall inform the employee that a doctor's excuse will be required in order to"approve"any further use of sick leave. Such requirement shall be reviewed by the Human Resources Department at the end of six (6)months to determine if it is necessary that it con= or b) the illness occurred while the employee was on vacation leave and a request is made to credit sick leave instead of vacation;or c) an employee has been absent from work for more than five(5)consecutive workdays. d) the sick leave is during an emergency, such as a hurricane.GSAF-30 Page 607 of 813 ` '° , a 1 1 The grant of emergency leave as provided for in the City's Work Rules may be denied,if an employee does f �� a not provide evidence satisfactory to his/her supers'isor that the cause of the absence was an emergency. ,', Section 8.13.'Perfect Attendance Bonus. Full-time employees who perform the full scope of their regularly assigned classification for the full term of each Fiscal Year covered by this Ageement(Les.,2012201S/2°132016; s 20132016/20142017;20142017/20152018),shall receive a lump sum bonus of three hundred dollars($300.00) (non-pensionable earnings)provided that they have not used sick leave or been absent for any reason that was not 4 authorized at least forty-eight (48) hours in advances'.An employee will also be allowed two (2) incidents of tardiness and one(1)emergence•vacation.This bonus all be paid in December of each year of the contract Section 8.14. Part-Time Employees. Notwithstanding any other provision in this Agreement,bargaining } unit employees who work part-time schedules shall earn fifty percent(50%)of sick and vacation leave credits hm eared by full-time employees.Pay for absences due to illness or vacation shall be for approved hours absent from scheduled assignments. Payoffs for sick and vacation balances at separation, bereavement leave, and holiday pay shall also be , provided at the rate of fifty percent(50%)of that afforded to full-time employees. Section 8.15. Sick and Vacation Leave Accrual and Maximum Payment on Termination.All employees covered by the agreement an d hired after October 1,1978 shall under applicable ordinances,rules an d regulations: be allowed to accumulate no more than 500 hours of vacation leave except in accordance with prevision for " postponement of vacation leave;be permitted to transfer sick leave in excess of 360 hours to vacation leave at the " rate of two(2)days of sick leave to one(1)day vacation leave to be used in the pay period year when transferred, be permitted a maximum payment time at termination,death,or retirement of 620 hours vacation leave and one y half of sick leave to a maximum of 600 hours. �,';..;, n Section 8.16. Pay for Hazard Duty. Employees working hazard duty will be paid$1.00 an hour for time actually spent in these • actinides.Hazard duty applies to the following activities: A) Spraying hazardous chemicals (Hazardous materials shall be identified in the Material Safety Data Sheet(MSDS)and/or Product Safety Data Sheet(PSDS)). B) Diving with scuba gear C) Working in trenches five(5)feet in depth or greater D) Working in raw sewage E) 1X orking forty(40)feet or higher on aerial lift op erations. E GSAF-31 - Page 608 of 813 sae's i� Section 8.17.Essential Personnel(Hurricane Pay).When the City declares an emergency due to a named hurricane and other events and non-essential personnel employees are advised to stay home with pay and essential personnel employees are ordered to work,essential personnel employees shall be paid at the rate of one and one-half of their straight hourly wages for all hours worked for up to three(3)days. Section 8.18. License(s) Maintenance. Three (3) positions in Property Management (Air Conditioning Supervisor,Electrician Supervisor,and Plumbing Supervisor)and one(1)position in Public Works(Electrician ± . rs' Supervisor)will receive a supplement of three hundred dollars($300)biweekly for using their license as a qualifier The supplement will start when the employee's license is approved by the Licensing Board.The supplement will continue until either party requests a change of status to remove the qualifier or if the license expires.The City will fill out the appropriate forms in a timely fashion and send a copy of the completed form to GSAF.As one of the conditions and responsibilities related to the receipt of this supplement, the employee must make every reasonable effort to be available for telephone calls while off duty The following is only applicable for the four(4)employees referenced above who use their license as a qualifier. If the employee is contacted via telephone outside of their normal hours of work,they shall receive one(1) hour of straight time pay as a bonus.Any such telephone conversation must be initiated only by the Property �} Management Director or their designee.Those employees receiving a biweekly supplement for using their • license as a qualifier shall be exempt from Section 7.6(b),Standby Pay,of this Agreement. The Supplement is not part of base salary.Therefore,the supplement can go above the maximum of the pay range.The supplement is pensionable.The supplement will be reviewed on an annual basis to determine if the supplement should be increased according to market conditions. In the event that the City determines that any additional licensee(s)may be used as a primary qualifier under terms i r that are acceptable to the City,and the City decides to use any additional licensee,then the employee/licensee will be paid the qualification payment under the terms set forth above. l Section 819. Tool Reimbursement. The City will continue a Tool Reimbursement benefit through which bargaining unit employees in the job classifications of Air Conditioning Supervisor,Electrician Supervisor,and Plumbing Supervisor may be reimbursed for an employee's tool that is damaged or broken while being used at work,provided however,that the damage must not be the result of the employee's negligence.The maximum amount payable in any fiscal year for tool reimbursement per employee is$400.To be eligible for reimbursement, , �c the employee must provide to the Department or Division Director,the broken/damaged tool(which the City may a , a keep)and a report describing the circumstances regarding where,when and how tool was broken/damaged,and x �' the receipt for the replacement tool purchased which must be of like quality and value.The tool must not be GSAF-32 Page 609 of 813 � F otherwise repairable or replaceable through a manufacturer's warranty. Denial of a request for t is 7 ll� reimbursement is not grievable. ,;, r 3` r,i q Bargaining unit employees in the above noted positions,who have been paid a Tool Allowance benefit before r October of 1998,will remain eligible for only such Tool Allowance. Bargaining unit employees in the above noted positions who were hired after October of 1998 and/or who were not receiving a Tool Allowance will be ,, eligible for the Tool Reimbursement However,no employee will be eligible for both a Tool Allowance and Tool d Reimbursement benefits. x Section 8.20.EMT Certification Pay.Beach Patrol Operations Supervisors who obtain and maintain the __ Emergency Medical Technician 1 certificate given by the State of Florida shall receive a five percent (EMT) b" P '',a � � (5%)pay increase. 1 Est Section 8.21.Skill Pay Supplement. ' �� °t Fleet Management Department:Automobile Technicians/Medium/Heavy Truck Technicians a 3 to 5 Certifications $50.00/month 6 to 7 Certifications $90.00/month "'Master':Auto Technician $150.00/month F a"blaster Auto Technician with EVT $200.00/month f s Automotive Parts Specialist(3 of 3 Certifications) $50.00/month* , { t Automotive Service Consultan t $50.00/month* : , ar .Supplement amounts are not cumulative « *Can only be taken as an addition to"Master"Auto Technician or"Master"Auto Technician with EVT Fire Department a� Level 1 Fire/Ambulance $50.00/month �� Level 2 Fire/Ambulance $90.00/month EVT Master Fire/Ambulance $150.00/month �, �a Building Department:Senior Building Inspector.Senior Engineering Inspector 1 to 2 Litman 3/Certifications $9000/month 3 or more Licenses/Certifications 515000/month GSAF-33 ' Page 610 of 813 *Licenses/Certifications must be related to iob duties and issued by the State ofFlorida (Building Inspector license.Plans.Fxatniner license.General Contractor license.Plumbing license_Mechanical license.Electrical license.Floodplain Manager license regjstered Architect-and registered Professional Engineer) Note:The maximum Skill Pay Supplement Benefit would be$300.00/month Note:Other Certifications as approved by the Department Head Skill pay supplement requires employee to hold the classification of Lead Mechanic or Fleet Operation Supervisor Employee cannot receive skill pay if not on regular work status(i.e.Cannot receive skill pay if on a light duty assignment) Employees must notify the department staff when he/she does not maintain the required certification level.Failure to do so may result in discipline,and any supplement pay received while not certified shall be refunded to the City. Section 8.22. Professional Licenses and/or Certification. (Required continuing education/certification for Formatted:Font:(Default)Garamond,Not Bold,Font color:Auto,Not Strikethrough, current position',Upon prior approval from the Department Director,em lo ees who mus maintain their licens-s Not Highlight as required in their iob descriptions,and have to attend continuing education classes shall be paid their straight --'. Formatted: Font: (Default) Garamond, hourly washes for all required hours up to 20 hours a year.provided that such additional pa-shall not be rovided Font color:Auto,Not Strikethrough Formatted:Font:(Default)Garamond,Not to the employees if the training is provided by the City during regular work hours.Anv actuallhourk spent :4,,, Bold,Font color:Auto,Not Strikethrough, 4` Not Highlight attending training under this section shall count as hours worked. 1'ti Formatted: Font: (Default) Garamond, • . Font color:Auto,Not Strikethrough � 4 .. !-, _ .... ,. . , -. ._ " " s - !'. --. .• _ - Ff St Formatted:Font:(Default)Garamond,Not tor T tiA ri -n+r4:; 4g. r I r l main . r4 r t #' Bold Font color:Auto,Not Strikethrough, Ore*a pa i ra c� c�v s g*ceh^e 1,cror uh Acs hyhv eb�i^�^ Not Hghlght "Class 1"War,'r Dictrihution Syste-m Operator I.ic ense;screed hy the-Florida Tepartment of Fnvironmental Formatted: Font: (Default) Garamond, Protection shall receive an annual supplement of SL000_non-pensionable. ,( Font color:Auto,Not Strikethrough +;tiT.,1 Formatted:Font:(Default)Garamond,Not Bold,Font color:Auto,Not Strikethrough, 1 Not Highlight Formatted: Font: (Default) Garamond, t, .,,r Font color:Auto,Not Strikethrough 9 l` Formatted:Font:(Default)Garamond,Not l , Bold,Font color:Auto,Not Strikethrough, Not Highlight t:1 Formatted: Font: (Default) Garamond, Font color:Auto,Not Strikethrough Formatted: Font:{Default)Garamond,Not i Bold,Font color:Auto,Not Strikethrough 1 Formatted:Font Courier,12 pt Formatted:Normal C>SAF-34 Page 611 of 813 'ARTICLE 9 a 3 + r aY INSURANCE ` ci i F' The City shall offer group health care coverage including medical,dental,and life insurance plans to full-time bargaining unit employees and their legal dependents during the term of this Agreement The City will continue z to pay at least fifty percent(5O%)of the premium cost for eligible employees hired before the date of ratification zX of this Agreement. Employees hired on or after the date of ratification of this Agreement,will continue to .; receive a premium subsidy by the City of at least 50%of health insurance premium costs for stan dard plans.but r, will not have a minimum required City subsidy amount for premium plans,The City will continue to offer `, Yk N alternative plans as options for employees.The City may change insurance carriers and/or the scope and level of � z benefits in any plan The City also may change the percentage of premium cost paid by the City from year to year for any one or more of the optional plans available,depending upon the scope an d level of benefits available in each of the optional plans. The City agrees that it will not change the levelLbenefits 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/co mmittee for as long as bargaining unit employees participate,exclusively,in the City's group health insuran ce plan. r After an employee exhausts Injury Service Connected(iSC)benefits and is receiving workers'compensation checks Fanrratlee�Line .iS rots the City shall access the employee's leave accruals to keep him/her whole.Deductions for benefits such as health and dental insurance coverage and pension contributions will be made from the value of the accrued leave. Once an. employee runs out of leave accruals and is still unable to return to ssork the employee has an affirmative responsibility to contact the Human Resources Department Benefits Division to make benefit payment arrangements.Employees will be given one month's grace period after which coverage shall be cancelled. 7, Famtatbe�Line spaang 15 k Reorg The parties agree to reopen this Agreement upon the City's request to address options to ameliorate the impact of the proposed excise tax on plan sponsors of"Cadillac Plans"as defined in the Parient Protection i { and Affordable Care Act. GSAF-35 Page 612 of 813 tom: , 1 .1 ,,s:t tam ✓ 7 Y J a ARTICLE 10 $i PENSION AND RETIREE HEALTH A)The Miami Beach Employees'Retirement Plan(h1BERP)is the pension plan for bargaining unit members, 3 . except for those employees who previously elected to remain in the 401-A retirement program(in lieu of participating in the City's pension plan).The current benefits and member contributions provided by the MBERP shall remain in effect for the term of this Agreement,except as follows: Effective July 18,2010,for employees hired prior to August 1,1993,who participate in the MBERP, the employee pension contribution shall increase by 2%of earnings,from 10%to 12/0 of earnings; Effective July 18, 2010, for employees hired on or after August 1, 1993,who participate in the MBERP,the employee pension contribution shall increase by 2%of earnings,fro m 8%to 10%of earnings.The additional two percent(2%)employee pension contributions described herein shall cease upon such additional pension contributions not being accepted by or imposed upon the American Federation of State, County and Municipal Employees (AFSCME) J oral No. 1554 collective ' ''' ,.' -fl'''''''::':':''''''''''''''''''''''''''';''',''''''.- ''.'::'''''''''''''''''-'' bargaining unit in its 2013-2016 collective bargaining agreement.In such an event,the cessation of the additional pension contributions for employees covered under the GSAF bargaining unit shall take effect upon ratification of the 2013-2016 collective bargaining agreement between the City and the American Federation of State,County and b4unicipal Employees(AFSCME)Local No. 1554.There shall be no retroactive compensation awarded for the purposes of this section. 1. Final Average Monthly Earnings(FAME) a) For those employees who participate in the MBERP and are at normal retirement age or are 24 months or less from normal retirement age as of July 14,2010,as defined by Ordinance 20063504,as amended,the Final Average Monthly Earnings(FAME)is at one-twelfth(1/12) of the average annual earnings of the employee during the two (2) highest paid years of creditable service. b) For those employees who participate in the MBERP, and who are between 24 and 36 ':: months from a normal retirement age as of July 14,2010,as defined by Ordinance 2006- 3504,as amended,the Final Average Monthly Earnings(FAME)means one-twelfth(1/12) of the average annual earnings of the employee during the three(3) highest paid yeazs of creditable service. c) For those employees who participate in the MBERP,and who are between 36 and 48 months from normal retirement age as of July 14,2010,as defined by Ordinance 2006-3504,as GSAF-36 Page 613 of 813 T { l 4 amended, the Final Average Monthly Earnings (FA�1E) means on (1/12) of the ' s * : average annual earnings of the employee during the four(4)highest paid years of creditable service. d)For those employees who participate in the MBERP,and who ate more than 48 months from x normal retirement age as of July 14,2010,as defined by Ordinance 2006-3504,as amended,the } Final Average Monthly Earnings (FAME) means one-twelfth (1/12) of the average annual earnings of the employee during the five(5)highest paid years of creditable service. k.. 2, Employees shall be eligible to enter the Deferred Retirement Option Plan(DROP)at the normal , retirement age specified in the pertinent pension ordinance,and may participate in the DROP for a maximum of thirty-six(36)months for employees hired prior to July 14,2010,and sixty(6(n months for employees hired on or after July 14, 2010. Subject to actuarial verification that extending the DROP period for employees hired prior to July 14,2010 does not result in an increased cost to the City,effective upon ratification of this collective bargaining agreement,all r current and future employees participating in the DROP shall be enritled 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 cone-time irre vocable election,within thirty(30)calendar days -° from the effective date of the confomvng City ordinance amending the DROP period as set forth herein, to execute anew form extending his or her DROP period for up to sixty (60) months in total. Notwithstanding the foregoing,nothing herein shall prelude an employee who is presently participating in the DROP from their continued active employment and termination of , employment in accordance with their original DROP separation date. r i 3. Effective September 30,2013,the option to purchase up to two(2)years of prior creditable service shall be eliminated for all employees covered by the GSAF bargaining unit. 4. Employees Hired on or after July 14,2010. The current benefits and member contributions provided by the MBERP shall remain effect for employees hired on or after July 14,2010,except as follows: 1) The normal retirement date is age 55 with at least thirty(30)years of creditable service, or age 62 with at least five(5)years of creditable service. GSAF-37 Page 614 of 813 , 2) The early retirement date is the date on which the member's age plus years of creditable a ^' service equal 75,with a minimum age of 55. j " " 3) The Final Average Monthly Earnings(FAME)shall be an average of the highest five(5) 1: il J 4 years of employment. 3 4) The benefit multiplier shall be two and one half percent(2.5%)multiplied by the member's ; r years of creditable service,subject to a maximum of 80%of the member's FAME j 1< Iii 5) The retiree Cost of Living Adjustment(COLA)will be one and one half percent(1.5"/0)per a year,with the first adjustment deferred to one(1)year after the end of the DROP. 6) The employee contribution will be 10%of salary. ; ' ' 7) The standard form of benefit is a lifetime annuity. `�1"� 8) Members who separate from City employment with five(5)or more years of creditable �� f i 5 service but prior to the normal or early retirement date shall be eligible to receive a t , y normal retirement benefit at age 62. B) Effective September 6, 2006, the parties agree that any bargaining unit member who previously " i v a : l elected or who elects to participate in the 401-A retirement program (in lieu of participating in the ,°`'a } ,. i City's pension plan)shall be required to work at least ten(10)years before becoming eligible for any , a retiree health benefits from the City. C) Any bargaining unit member who is eligible for retiree health benefits from the City must make a one time irrevocable election to continue receipt of health benefits via the City's plan at the time that '�! the employee terminates City employment Effective upon on ratification,Tthe parties also agree that if ' n P P b ;; a member initially elects to continue under City health insurance,but thereafter discontinues or is '� „,; discontinued from such coverage for non-payment of premium,then the retiree may not resume i ? ;3. coverage only at their own expense,without any employer contribution whatsoever. = z �! r D) Employees hired on or after September 6,2006,will be entitled to a City contribution against the cost of , .' continued health insurance coverage in the City's health insurance plan after retirement(or separation) from City employment,as set forth in this section.Any employee hired on or after September 6,2006, '� > ~ who then remains employed until reaching eligibility for normal reti rement,and who elects to continue , I° 3 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. GSAF-38 ,3 F „ Page 615 of 813 ARTICLE 11 GENERAL PROVISIONS Section 11.1.Discrimination.In accordance with applicable federal, state and local laws,the City and the Association agree not to discriminate against any employee on the basis of an individual's race,sex,condition . related to sex(pregnancy)color,religion,national origin,age(40 and over),disability,marital status,familial status, citizenship, intending citizenship status, sexual orientation, political party affiliation, and/or Association membership. Section 11.2. Meetings Between Parties. At the reasonable request of either party, the Association President,or his/her Representative,and the City Manager or his/her designee for Labor Relations,shall meet at least quarterly at a mutually agreed time and place to discuss matters of concern.Whenever time permits, the party requesting the meeting shall submit written notice of the subject matter to be discussed.Such notice shall be submitted one week in advance of the proposed meeting date.Whenever the Association President,or his/her Representative,makes suggestions or recommendations to the City Manager or his/her designee for Labor Relations,specifically concerning productivity of job safety,the City Manager or his/her designee for Labor Relations,will respond as appropriate. Section 11.3.Work Rules and Incorporation of Personnel Rules.The City will provide the Association -f ;Not ): with a copy of any written rules that are instituted or modified during the term of this Agreement affecting employees in the bargaining unit. In the event the City desires to alter,amend,or modify existing written work rules,or promulgate new written work rules,the proposed changes will be submitted for review to a . joint labor/management committee. The City shall have two (2) representatives and the Association shall have two(2)representatives on this committee,which will make recommendations to the City Manager.The proposed changes shall not become effective until a final decision of the City Manager has been rendered whose decision is not grievable.The Personnel Rules are incorporated herein,unless otherwise specifically _ ....-[Formatted;Nouthlight provided for in this Agreement. Section 11,4,Stress Reduction/Police Department's Public Safety Communications Unit.Those employees covered by this Agreement who work in the Miami Beach Police Department's Public Safety Communications . . Unit(PSCU),will be given a stress reduction training program provided by the City.Such stress training will be a one-day stress seminar as given to sworn officers.Should an employee and/or management supervisor believe that an employee might benefit by being referred to the City's Employee Assistance Program(EAP),then the employee will be referred consistent with current policies.If an employee needs help beyond that offered by the EAP,then the EAP may require appropriate referrals for outside professional assistance. GSAP-39 Page 616 of 813 �i ' € ti a*mg- dip '. k_ �!3 _ 1 .Dili _ .» v .11.'..,.; 4 4 Section 11.5. Labor/Management Committee. In order to strengthen the parties' labor/management �n relations,the Association agrees to participate with the City in labor-management committees to address thew i issues in Departments. Such committees may be requested by the Association or by the City(through the City Manager,Department Directors,or designees)to meet at mutually accepted times. a t ,` a 1 iY fi'r 4 Section 11.6. Safety. The City agrees to provide, at no cost to the employee, any appropriate safety r ?, ms's, ; equipment required to be worn or otherwise utilized by the employee.This shall include such items as hard f hats, loves,etc.Those employees issued such equip ment will be res onsible for such safety a ut ment,and 'i' g P q P Y any loss or damage due to the neglect of the employee may require the employee to pay for the replacement of said City issued equipment. T t9 s tK 'y "F, �'M"y 3,L 3 a) The City agrees to provide,upon request,up-to-date,non-glare screens for computer terminals. f vys z -- b) The City shall evaluate and provide,upon request,a wrist rest,which will help alleviate the � ,��; '� � ti stress upon the han ds and arms of those employees performing repetitive motion, to all persons who use computers for more than 50%of their workday. y ` w :% c) The City will provide appropriate self-defense training to all Parking Enforcement employees. ��a * , 3 d) The Association is encouraged to have its members volunteer to serve on the Department l }4th x, Safety Committees that are being organized in each City Department.The bargatntng unit member serving on the City's Safety Committees will not suffer any loss of benefits or , wages for attendance at regularly scheduled meetings during regular scheduled work time. .1r' tip: 4ia. F .1.=;,;„;41.4. •No overtime will be paid for attendance at such meetings. r e) If there is a central, Citywide Safety Committee, the Association's President, or his/her designee,may be a member if he/she so requests. 3 -, sr T �}1ii '... Xa ,; ,'�s a Section 11.7. Bulletin Boards. The Association may,at its own expense, place a bulletin board in each ii I ,' department,not to exceed approximately three feet by two feet(3'x 2)in size.The Bulletin Boards shall be �ia i �s used for posting the following notices only' ' a) Notices of Association Meetings. b) Notices of Association Elections. 'mss �u l: nom' c) Reports of Association Committees. t d) Recreational and Social Affairs of the Association. GSAF-40 ,.. Page 617 of 813 z e Any material of informational nature related to Government Su ernsors Association of p Florida/OPEIU. j; �� Materials,notices or announcements which contain anything political or controversial that might reflect upon the City,any of its employees,or any other labor organizations among its employees,or any materials,notices,or announcements which violate any of the provisions of this Section,shall not be posted Any materials that are posted which are not in conformance with this Section may be removed at the discretion of the City. ", t. Section 11.8.Probationary Employees.A probationary employee who is dismissed without cause shall have the right to discuss with the appointing officer the reasons for such dismissal at a mutually agreed to time Following such meeting a probationary employee,if he/she so desires,shall have the right to further review the reasons for J such dismissal with the City Manager or his/her designated representative at a mutually agreed to time. It is expressly understood,however, that the appointing officer retains the exclusive discretion with respect to the retention or dismissal of probationary employees. � v Periods of absence shall cause the probationary period to be extended for an equal amount of time.At the request j Pf of the appointing authority, the City Managers designee for Human Resources may extend the probationary period for up to three(3)additional months provided that the reasons for extension are driven to the employee in advance of the expiration of the initial probationary period.The City acknowledges the importan ce of giving timely performance appraisals and feedback to probationary employees. -„,,..,,,,E§. ' i, Section 11.9.Notification in the Event of Transfer or Contracting Out. when the City contemplates entering into a contract with an outside supplier or service agencti to perform services presently being performed by Y 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. _z If the City enters into such a contract and,as a result thereof,an employee will be laid off,the City agrees to t � k ask the Contractor to provide first consideration Ear such employee for any available work. In the event that the employee is not employed by the contractor,the City will offer such employee another available job with the City,if there is a budgeted vacancy and the employee affected by the subcontracting is qualified to perform. Questions of qualification to perform the job duties shall be decided in the sole ' ,- ..: :' discretion of the City Manager's designee for Human Resources. GSAF-41 Page 618 of 813 If there are no jobs available,the reduction in force provision contained in the Personnel Rules shall apply, provided that such laid-off employee shall be recalled to work before the City hires new permanent employees to perform the work of the classification held by the employee at the time of the layoff. This recall right shall exist for up to the individual's total service time with the City,but not to exceed two(2)years after the date of the persons layoff date,but such recall right shall cease as of two(2)years after layoff,or if the employee does not return to work as scheduled if he/she is offered a recall notice prior to the two(2)years. It shall be the responsibility of the laid-off employee to notify the Human Resources Department when technical skills,training,and experience have been enhanced during the lay-off period,which may allow the individual to apply for another bargaining unit job with the City. Nothing in this Section will be construed to limit the Association's right to bargain concerning the identified impact or effects of subcontracting out or transferring upon Bargaining Unit members. Section 1110.Seniority 1) When vacations are scheduled,permanent vacancies or shifts are filled,or promotions are made to a position within the bargaining unit,seniority shall apply when all other factors are equal. For these purposes, seniority shall be measured by the length of time in the affected classification of the Bargaining Unit except: • For those members promoted on the same date,seniority will be determined by date of employment;and • For those members whose promotion date and date of employment are the same,seniority shall be determined by the higher score on the eligibility list. • For those members whose promotion date,date of employment and eligibility list scores are the y same,seniority shall be determined by total service/longevity hours to date with the City. 2) Seniority will not apply in an emergency. Section 11.11. Reduction in Force.When there is a reduction in the bargaining unit workforce,employees will be subject to the layoff procedure set forth in the City's Personnel Rules. Section 11.12.Military Leave.Federal and State law concerning military leave govern the City and all employees GSAF-42 Page 619 of 813 represented by this Agreement shall receive the benefits of such laws. , Section 11.13. Pay Advances.An employee in this unit may request his/her pay check in advance of any _ scheduled annual leave by submitting a written request to the Human Resources Director at least one(1)pay '- period prior to leaving on annual leave.However,the written request does not guarantee that the City will be able to provide the employee with a pay check in advance of any scheduled pay day. Approval for an advanced pay check will not be unreasonably withheld. Section 11.14. Mentoting Program. Bargaining unit employees may request to participate in the City's bientoring Program,as set forth in the Human Resources'Department policies and procedures,which may , be changed from time to time or discontinued at the City Manager's discretion.Denial or disapproval of a request for participation in this Program shall not be grievable. ; Section 11.15.Political Activities of Employees.Except as provided by Federal,State,County laws and/or City of Miami Beach laws,ordinances or rules including Personnel Rule I(b),the City shall not make,adopt or enforce any rule,regulation or polio}; E � , a) Forbidding or preventing employees from engaging or participating in politics or from becoming can didates for public office;or ,, ,' b) Controlling,directing or tending to control or direct the political activities or affiliations of employees. It • understood that no political activities may be conducted by unit members during the employee's scheduled work day or with'City equipment and/or City resources. Section 11.16. Promotions.The term promotion as used in this Agreement means the advancement of an employee to a higher paying classification.Whenever a bargaining unit job opening occurs in any existing job dassificadon or as a result of the development or establishment of a new classification, a notice shall be posted for no less than two(2)weeks. .�.�wr Eligible an d qualified employees who wish to apply for the open bargaining unit position may do so in writing and submit the application to Human Resources. If there is more than one (I) employee qualified for promotion to the bargaining unit job classification that have equal skill ability an d qualifications(factors to be considered include but are not limited to skill, ability, qualifications, interview score, disciplinary history, attendance histo and erformance evaluation scores then seniori with the Ci shall apply'Seniori for rY P ) n tY PP t3 the purpose of this subsection shall mean length of conti nuous service with the City. GSAF-43 Page 620 of 813 r 5 1 ARTICLE 12 DRUG AND ALCOHOL TESTING r s, ., ,‘....<-.,,"., ' ..-:<7.,..,..,.,,, ,..'.,,..,.,;,,,:,;:,,...:4,il,',-..,....„.-t-,,,,.7.,,,,-,.....„:,=.,.:.'..,,,,,,r., The City and the Association recognize that employee substance an d alcohol abuse has an adverse impact on City government,the image of City employees,the general health,welfare,an d safety of employees,and the general public at large.Both random an d reasonable suspicion drug and alcohol testing shall be conducted pursuant to the Memorandum of Understan ding re ached between the parries an d incorporated herein br reference. �X b I fi• .5. GSAF-44 Page 621 of 813 f _�E ARTICLE 13 TAKE HOME VEHICLE POLICY Formatted:Not ht To defray the operating expense incurred by the City as a result of the non-official use of take-home vehicles, F°rillatted ' i 15Ines, employees shall be assessed a user fee.The user fee shall be a rate per mile multiplied by the number of round trip miles as shown by the vehicle's AVL between the employee's primary residence and the City limits.The rate per e • mile will be fourteen percent(14%)of the Internal Revenue Service standard business mileage rate.as amended Formatted:Not Highlight from time to time. Formatted:Not Highlight Employees may not park their cars in a location so as to circumvent reduce the restrictions outlined in this section mileage determination outlined in this section. The Union agrees that each bargaining unit employee who is assigned a take-home vehicle will purchase at his or, her expense an extended non-owner coverage endorsement or non-owner auto insurance coverage in the amount of at least 5140.000,within 30 days of this effective date of this agreement. In addition,the employee must Formatted:Not Highlight maintain an extended non-owned coverage endorsement or non-owner auto insurance coverage in the amount of Formatted:Not Highlight at least 3100.000.for so long as he or she is assigned a take-home vehicle.Employees who are initially assigned a Formatted:Not Highlight take-home vehicle.subsequent to date of ratification of this agreement.shall be required to obtain and maintain a Formatted:Not Highlight extended non-owner coverage endorsement or non-owner auto insurance coverage in the amount of at least S1(X).0()n.prior to vehicle assignment.Any employee without the required insurance coverage,as stipulated herein, `.--Formatted:Not Highlight may have the take-home vehicle privilege revoked at the City's discretion. If the insurance industry no longer Formatted:Not Highlight provides the extended non-owner coverage endorsement or non-owner auto insurance coverage.there will be a re- opener in order for the City and Union to discuss the provisions set forth in this section only. GSAF-45 Page 622 of 813 P s '� i• 1 a ,,, P � ; 4 F a� s � x.51 s »tk 8 'Xa F ARTICLE 14 � {Fomretted:Not Hghlght.▪ . MOUs AND SIDE AGREEMENTS Effective upon ratification of this Agreement by the parries.all previously existing MOUs and side agreements are-- -f ,Lkie spadng,1.5 hex null and void.except for those attached hereto and incorporated herein as Append x"A;'specifically: • Memorandum of Understanding providing for amendments to various water distribution related job ' ,, .,,'",1:,: :,'',;'',;" .',."-,.;.!''';',':,-:''''':;:''':-i'1,;''I'''''',.',,:',,'.'„,.:''':.i„:,,;:;-"',"'S7''-''''''.,,',''''',::•,,,:':',.',.(.,'-',;-7-!)'i'''',„'i'l.--,''' descriptions,providing for the payment of related employee training an d certifications,and other related provisions:executed on November 26.2013. Side Agreement providing for tool reimbursement to Lead Mechanic and S%emergency medical technician(EMT)supplemental pay to Beach Patrol Operations Supervisor,executed on i14ay 25,2005. • Side Agreement providing the Crime Scene Supervisor with a take-home vehicle in lieu of standby pay executed on October 17,2003. d^k y 1i ,y 2 e.I;Ai d fa GSAF-46 1 Page 623 of 813 kRTICLE 15 .- j Fonnatlad:Not Hghlight TUITION ASSISTANCE • Fonn A to of (D tuft) Garamond,•'u. .a, u - .. a .... w • �. • � -,• --'Font u ,N $trf ouJ .- - em.lo'ee. �*- Formatted: Font: (Default) Garamond, Font color:Auto .. . 1 following levels of benefit: Six Credit hours per semester fir a total of twelve credits per calendar year will he reimbursed as follows be reimbursed as follows: n SO for courses in which the empin).cc earns an:� n 6fW/for mnrses in which the rm l e carne a R n 4(15/r fnr courses in which the employee earns a C t Approved actuate courses will he reimbursed as follows: Formatted Ford: (Default) Garamond, Not Bold Font color Auto • : 10, . . plovee earns an A ,,,..",.\\--,,,,, Formatted: Font: (DePauR) Garamond, r .((1°i�for courses in which the empinceP earns a R Font Dolor:Auto Formatted: Font: (Default) Garamond, • Not Bold,Font color.A(to \, . •...: .. ..... ... . .. .•. ... _ .. •_. .....• _ •. .. .. Formatted: Font: DefauR) Gar amond, ,,,,.u,-,..-_„-.___.,,.,,-. ,.-„__,-_�,�_.s._- _„_,__�_ ,. _ Font color:Auto shall be less than the levels of benefit identified below: Formatted: Font: (Default) Garamond, Not Bold,Fad color:Auto ,_.)' •. w . .. .. Formatted: Font: (Default) Garamond, . s Font color:Auto per calendar year will he reimbursed ac Follows: rorrllatbed:FatC(Derault)Gararnad • Approved un IPrgrarlu�te rnmmunity college rnurce5 an'l non-ore ltt/eernfrare sources.,nll he reimburse at an amount nor exceerlino�l 5&25 Approved undergraduate nniverci�y courses o ill he reimbursed of an amnllnt not exr ee lin{r X251 14 • , nv rraduate courses trill he reirnhi creed at an•rmonnt not exceeding$53 1 1 i� Formatted: Font: (Default) Garamond, �, Font color:Auto Formatted:Tab stops:0.5",Centered+Not at 3.25" CSr1F-47 Page 624 of 813 1$ ix. to ARTICLE 1316 SAVINGS If any provisions of this Agreement are subsequently declared by the proper legislative or judicial authority,to be unlawful or unenforceable,all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. Upon issuance of such a decision or declaration which is not appealed by either party,the parties shall,following a request by either party,negotiate in good faith on a substitute article, section or portion thereof. GSAF-48 Page 625 of 813 ARTICLE 1417 ENTIRE AGREEMENT The Association acknowledges that during negotiations resulting in this Agreement, it had the right and 1m !;&i5 opportunity to make demands and proposals with respect to any and all subjects not removed bylaw from the area of collective bargaining and that the complete understanding and agreements arrived at by the parties after exercise of that right and opportunity are set forth in this Agreement.Therefore,the Association waives the right,during E. f the term of this Agreement,to bargain collectively with respect to any subject or matter referred to or covered in this Agreement,and it particularly waives the right to bargain over the City's exercise of any of its Management's rights set forth in the Management Rights Article of this Agreement, (i.e., changing work hour schedule, transferring employees,laying off employees,etc.,except as otherwise provided herein). The parties intend that this Agreement shall constitute the sole source of their rights and obligations from and • to each other for its term either by specific provision or by silence.If the Agreement does not prevent it,the City may take any action(or fail to take any action)it desires and shall have no obligation to bargain with the Association concerning the taking,or not of the action;but may take unilateral action at the time it desires. The Association does not waive, and shall retain its right, to bargain with the City over the impact of any action taken by the City not set forth in this Agreement,but such impact bargaining shall not serve to delay . Management's action until agreement or impasse is resolved concerning the impact at issue. ' This Agreement may be amended by mutual agreement of the parties but any amendments must be in writing and signed by duly authorized Representatives of the parties before it will be effective. • I E d i ' 44 J p£^¥ 1 Sa I �s GSAF-49 Page 626 of 813 gym, � ARTICLE 1518 7.,''1.,,,:;.,;;.;,;,'.':,,i'',.,,:,<;..'5"•,.,,,.:,.-:;.::-.."',.,':',,,.,i::.,,:i"i,.:.',.'E,,,,i,,'....i"..:'-,..F.:...',,!,'i,'.,,:,-:',:.':-.,,.,1':;='.,.;:":•,:.'',,'',;..,.-';'!,-,i,,:-,,,,;;.':.'1.,:,f-;.,;.;.-!.i,li7,:i1.1'[i:i I-.:i'..i.",,E.l;;;.','L.,.-.',,::-'-?.,i.,,,::"'.,'..,':,.,.,',.I:i:,;.'•i:.A1:-";:-'.;:„;'....4;J.'l,:°:;.`4-',:,',;i.i;::'''.s,,,„.,....',,'i..,1'-.i'.','.'..1',:.;';,‘'.'-g1..;',3i,i,'4;:i''.'.,'!.;';;;',',]i,.';'-,ii.,,:'';;;.,':,:,,,-:';.'„;','',...,'k';;;'',,;:;-;';'..,'i'';!;.'":.,?,,i::.-.:;1,..,.:';,1-::',.,',;..,..'-.,i';i;;i-,,.;1';,'..';,i,.i';,.;,.:',1.'.',.:,'fr-.:";1.,';',;.,,.:'i*',...TERM OF AGREEMENT&REOPENER ,tg This Agreement shall become effective upon City Commission approval and shall remain in effect until the F 30th day of September 20152018. Written notification,by either party,shall be required within no less than one hundred twenty (120) days prior to the expiration date of this Agreement indicating their desire to renegotiate the provisions of this Agreement.Negotiations shall begin no later than ninety(90)days prior to the expiration of the Agreement r 1 �X fir . ? 1.'‘: , g 3 GSAF-50 Page 627 of 813 '- ' --,- ,'ii;,,,-'''.-4j.?ij':'::1-'-',t'-:':':ittt14!f.}7f;r'-'"i';a'-'iiil-t Executed by the parties hereto on the day of � . 20132016. w 1 GOVERNMENT SUPERVISORS ASSOCIATION CITY OF MIAMI BEACH,FLORIDA a OF FLORIDA,OPEIU,LOCAL 100 Br Br ' Greg Blackman Jimmy L.Morales GSAF President City Manager t ? r.:ttm Donald D.Slesnick GSAF Chief Negotiator John Gresham GSAF Chief Membership Representative 'a. t Approved by vote of the City Commission, ,20132016. Matti Herrera Bow LrPhilip Levine Mayor ' A'1TEST: Rafael E.Granado City Clerk l si GSAF-51 Page 628 of 813 GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA,OPEIU,LOCAL 100 ELECTION OF REMEDY FORM Grievance No. ? This form must be completed and signed at the first step of the grievance procedure. Employee must elect,sign,and date only one of the two following choices: t', 1. I/We elect to utilize the Grievance Procedure contained in the current Agreement between the City of Miami Beach, Florida, and Government Supervisors Association of Florida OPEIU,Local 100.I understand that this choice precludes my utilization of Option Number 2. Employee Signature Date 2. I/We elect to utilize another forum for my/our grievance, and in doing so, I/we permanently waive my/our contractual right to the Grievance Procedure contained in : the current labor Agreement between the City of Miami Beach an d Government Supervisors Association of Florida,OPEIU,Local 100.Any resolution of a grievance from another forum cannot be inconsistent with the terms of the collective bargaining agreement that is in effect. Employee Signature Date K1/cg F:\huma\Labo\IAE}GRRFI.\Labor Relations\GSA\�egoait ons 2(N)9\Dnfr Agztemrnts\GSA 2009-2012 Final Ratified and Amended A cauent 10-14-1n.doc GSAF-S2 Page 629 of 813 FY 2015/16 FY 2016/17 FY 2017/18 umggWrimIP 1%COLA(04/1/16) $ 26,000$ 52,000$ 52,000 3%COLA(7/1/17) $ 39,500$158,000 3%COLA(7/1/18) $ 40,500 Holiday leave as time worked $ 15,000$ 15,000$ 15,000 Increase educational leave and tuition refund 3 500 3 500 3 500 ease e $ $ $ , Skill pay supplement for Building Inspectors $ 17,280$ 17,280$ 17,280 Extra uniform $ 3,000$ 3,000$ 3,000 .•: Out-of state bereavement leave $ 3,000$ 3,000$ 3,000 �..: "Class 1"Water Distribution License System $ 1,000$ 1,000$ 1,000 Operator supplement $ 68,780$134,280$293,280$ 496,340 Impact of mortality rate changes on ARC $150,000 FY 2015/16 Merit Increase(2%) $ 56,000$ 89,000$ 89,000 FY 2016/17 Merit Increase(2%) $ 57,000$ 91,000 FY 2017/18 Merit Increase(2%) $ 58,000 $ 56,000$146,000$388,000$ 590,000 $ 124,780 $ 280,280 $ 681,280 $ 1,086,340 Note:The figures contained herein result from an order of magnitude analysis,and are therefore estimates Exhibit B Page 630 of 813 Bryant Attorne sat Law y Miller SunTrust International Center 1 SE 3rd Avenue Suite 2200 Olive Miami, FL 33131 Tel 305.374.7349 Fax 305.374.0895 September 23,2016 %%ww.hmoiaw.com Mr. Jimmy L. Morales City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach,Florida 33139 Re: City of Miami Beach and GSA Collective Bargaining Agreement October 1,2015—September 30, 2018 Dear Mr. Morales: As requested, I have reviewed the tentative collective bargaining agreement between the City of Miami Beach and GSA for the period October 1, 2015 — September 30, 2018. Based on this review,this is to notify you that I approve the agreement as to form and legality. Very Truly Yours, BRYANT MILLER OLIVE P.A. :7 James C. Crosland cc: Donald M. Papy, Esquire Exhibit C 25181/001/01 52685.DQQCXvI Atlanta Jacksonville • Miami • Ointglia931 of 8'1'3llahassee • Tampa • Washington, D.C.