2016-29618 Reso RESOLUTION NO. 2016-29618
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, RATIFYING A THREE (3) YEAR LABOR
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE AMERICAN
FEDERATION OF STATE,COUNTY AND MUNICIPAL EMPLOYEES(AFSCME),
LOCAL1554, FOR THE PERIOD FROM MAY 1, 2016 THROUGH APRIL 30,
2019; 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 American Federation of
State, County and Municipal Employees(AFSCME), Local 1554,for the employees covered by said
Agreement for the period covering May 1, 2016 through April 30, 2019; and
WHEREAS, the previous Labor Agreement was for a three year period from May 1, 2013,
through April 30, 2016; 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 AFSCME; and
WHEREAS, any changes to the substantial form would be non-material in nature as
determined by the City Attorney and AFSCME or else would require re-ratification by the City
Commission and AFSCME; and
WHEREAS, the AFSCME bargaining unit has a scheduled ratification vote on October 24,
2016, October 25, 2016, and October 26, 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 AFSCME, Local 1554 bargaining unit for the time
period covering May 1, 2016, through April 30, 2019, Exhibit A hereto.
PASSED AND ADOPTED this .26 day of OCkher , 2016.
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MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 26, 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 AMERICAN FEDERATION OF
STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME), LOCAL 1554, FOR
THE PERIOD FROM MAY 1, 2016 THROUGH APRIL 30, 2019; 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 April 30, 2016, the 2013-2016 collective bargaining agreement between the City and
AFSCME expired. The parties began negotiating a successor agreement on March 2, 2016.
After nine (9) formal negotiation sessions, on September 22, 2016, the City and the AFSCME
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leadership reached a tentative three-year agreement for May 1, 2016 through April 30, 2019.
The AFSCME leadership has scheduled a ratification vote on the proposed agreement on
October 24, 2016, October 25, 2016, and October 26, 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
4.2, Grievance Procedure: Time limit for supervisor to respond if no settlement is reached at
Step I extended from five to 15 working days; time limit for employee to appeal to Step 2
extended from three to five days after Supervisor's answer in Step I; time limit for Department
Head to discuss grievance at Step 2 with Union and respond to Union if no settlement is
reached extended from three to 15 days; time limit for employees to appeal at Step 3 extended
from three to five days; time limit for City Manager's designee for Labor Relations to respond if
no settlement is reached extended from five to 15 days. Effective upon ratification.
4.3, Binding Arbitration: Extend time limit for parties to agree on an arbitrator from ten to 15
days; time limit to notify arbitrator of his/her selection from five to 15 days. Effective upon
ratification.
8.2, Shift Differential: Provides for language clarifying that shift differential does not apply to OT,
call-in, or standby work; only regular shift.
8.21, Health Insurance: Removes requirement that City pay at least 50% of premium subsidy for
new hires, upon ratification; eliminates consultation requirement with the Group Insurance
Board/Labor-Management Advisory Committee prior to changes in benefit levels; 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.
10.1, Work Rules and Incorporation of Personnel Rules: Incorporates all Personnel Rules into
agreement, except when in conflict with contract provisions; effective upon ratification.
11, Drug and Alcohol Testing: Substances (drugs) tested for increased from ten to 11; also,
provides for blood testing. Effective upon ratification.
12, Conduct and Performance Expectations: Provides for a combined attendance track, which
is inclusive of but not limited to absenteeism, tardiness, AWOL and failure to clock in/out.
Further, provides the ability to consider other conduct and performance deficiencies, depending
on severity, when issuing discipline. The City shall draft revised work rules and engage in impact
bargaining with the Union, if requested.
13, MOUs and Side Agreements: MOUs and side agreements will be listed in the labor
agreement.
Page 24 of 104
PENSION
8.18, Pension, DROP & Retiree Health: Provides for either party to reopen this section, 18
months from the date of ratification.
COST-OF-LIVING ADJUSTMENTS(COLA)
8.1, Wages:
• 1% 4/1/2016
• 3% 7/1/2017
• 3% 7/1/2018
The performance appraisal rating scale changed from 0-100 to 1-5. Also, provides for 2% merit
increases for a score of 3 or above.
Remove language referring to 2009 Condrey study(clean-up)
OTHER FISCAL ITEMS
7.4, Overtime: Holiday leave shall count as time worked for the purpose of computing overtime;
effective upon ratification.
7.7, Paid Leave as Time Worked for Purpose of Computing Overtime: Provides for the Public
Works Director, or his designee, to send an employee home on administrative leave to rest after
working twenty (20) hours or more in a 24-hour period, as a result of an operational emergency
or management need; such period of administrative leave shall be considered as time worked
for the purposes of computing overtime. Effective upon ratification.
7.12, Call-In and Call-Back Pay: Clarifying language provides to ensure the equitable distribution
of overtime opportunity, on-call/call-in hours worked or offered shall be added to the employee's
total on the overtime roster. Effective upon ratification.
7.14, Standby: Provides for employees to be paid both the Call-Back pay and the Standby
Bonus for the same day, if called back more than once on the same day; management may call
back employees qualified to the job, including crossing working groups within the AFSCME
bargaining unit. Also, extends the time an employee assigned to standby must report to the
worksite from 30 to 45 minutes. Effective upon ratification.
8.4, Holiday Pay: Holiday leave shall count as time worked for the purpose of computing
overtime; effective upon ratification. Also, if an employee requests time off on a holiday falling
on the employee's regularly scheduled work day, he/she shall be paid holiday pay at straight
time for eight (8) or ten (10) hours of pay, whichever is applicable, and it shall not count against
his/her accumulated leave; such request shall be considered and approved in the same manner
as vacation requests. Removes word "serious" from language referring to absence due to
illness or injury.
8.5, Rate of Pay When Working Out of Classification: Out of class pay increased from $1 to $2
per hour, effective 10/1/2016.
Page 25 of 104
8.9, Meal Allowance: Provides to pay $7 meal allowance for an employee who works 3
consecutive hours or more of pre-shift or post-shift overtime, commencing within 30 minutes of
regular shift starting or ending time. Effective upon ratification.
8.11, Tool Allowance: Tool allowance increased from $40 to $45 per pay period for employees
in the Mechanic II, Mechanic III and Fire Equipment Mechanic job classifications; effective
10/1/16.
8.16, Pay for Hazard Duty: Hazard duty pay increased from $1 to $2 per hour, effective 10/1/16.
8.20, Skill Pay Supplement: Provides for a one-time $2,500 (non-pensionable) payment for
those employees who have Waste Water and/or Water license as of September 22, 2016.
Effective upon ratification.
8.23, Landfall Team: Provides to add one (1) hour of Administrative Hurricane Pay for each of
the first eight (8) hours worked for up to three (3) consecutive days. The Administrative
Hurricane Pay will be in addition to all hours worked compensated at a pay rate of one and one-
half of the employee's hourly rate of pay.
10.14, Perfect Attendance Bonus: Increase perfect attendance bonus lump sum payment from
$300 to $400 (non-pensionable). Effective upon ratification.
10.18, Educational Leave: Tuition reimbursement rates increased to the levels recently
implemented for unclassified and "other" employees, non-pensionable; effective upon
ratification.
MISCELLANEOUS
1.2, Bargaining Unit: Addition of Recreation Attendant classification into listing of bargaining unit
positions, per PERC ruling. PERC Case No. UC-014-020, Certification 379 Order No. 14E-291
1.5, Information to be Provided to Union by City: Requires the City to provide, upon written
request, information for each employee in the bargaining unit represented by the Union;
information may be requested twice every calendar year.
4.1, Definition of Grievance and Time Limit for Filing: Time limit for filing a grievance extended
from ten to 15 working days after the event giving rise to the grievance or after the employees,
through the use of reasonable diligence, should have obtained knowledge of the event giving
rise to the grievance. Effective upon ratification.
4.5, Expenses of Arbitration: Provides to split the fee and expenses of the arbitrator between
both parties, regardless of the outcome. Effective upon ratification.
8.6, Uniforms: Provides for language clarifying that City will deliver uniforms to employees on
April 30th of each year.
10.17, Union Conventions: Changes maximum number of bargaining representatives eligible to
attend union conventions from three to four. Effective upon ratification.
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14, Temporary Vehicle Assignment: Provides temporary vehicle assignments for Union
business related travel within the City of Miami Beach, at the City's sole discretion and provided
a vehicle is available.
CONCLUSION
The terms and conditions of the proposed three-year labor agreement between the City and
AFSCME results in an estimated impact of $87,500 for FY 2015/16; $433,190 for FY 2016/17;
$948,190 for FY 2017/18. The total estimated three-year impact is $1,468,880.
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.
The City's outside labor counsel has reviewed and approved the contract language.
KEY INTENDED OUTCOMES SUPPORTED
Ensure Expenditure Trends Are Sustainable Over The Long Term
Legislative Tracking
Human Resources
ATTACHMENTS:
Description
❑ Resolution - CMB &AFSCME
❑ Tentative Agreement Between CMB &AFSCME
❑ Letter from Jim Crosland
❑ AFSCME Costs
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CONTRACT
Between
CITY OF MIAMI BEACH, FLORIDA
and the
AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES, AFSCME LOCAL NO. 1554
May 1,2013 2016—April 30,20462019
AFSCME i
Page 29 of 104
TABLE OF CONTENT
CONTRACT PAGE
WITNESSETH 1
ARTICLE I RECOGNITION
Section 1.1 Representation 2
Section 1.2 Bargaining Unit 2
Section 1.3 Communications 2
Section 1.4 Rights of Individuals 3
Section 1.5 Information to be Provided to Union by City
ARTICLE 2 DEDUCTION OF UNION DUES
Section 2.1 Check off 4
Section 2.2 Indemnification 4
ARTICLE 3 EQUAL EMPLOYMENT OPPORTUNITY
Section 3.1 No Discrimination 5
Section 3.2 Affirmative Action 5
Section 3.3 Examinations 5
ARTICLE 4 GRIEVANCE PROCEDURE
Section 4.1 Definition of Grievance &Time Limit for Filing 6
Section 4.2 Grievance Procedure 6
Section 4.3 Binding Arbitration 7
Section 4.4 Authority of Arbitrator 8
Section 4.5 Expenses of Arbitration 8
Section 4.6 Election of Remedies 8
Section 4.7 Grievances Involving Discipline 8
Section 4.8 Union Stewards 9
Section 4.9 Grievance Meetings 9
Section 4.10 Union Representation 9
Section 4.11 Union Time Bank 10
Section 4.12 Employee Rights During Meetings or Interviews .... 10
ARTICLE 5 NO STRIKE OR LOCKOUT
Section 5.1 No Strike 11
Section 5.2 No Lockout 11
ARTICLE 6 MANAGEMENT RIGHTS 12
ARTICLE 7 HOURS OF WORK AND OVERTIME
Section 7.1 Purpose 13
Section 7.2 Normal Workday 13
Section 7.3 Normal Workweek 13
Section 7.4 Weekly Overtime 13
Section 7.5 Distribution of Overtime Opportunity 13
Section 7.6 No Pyramiding 14
Section 7.7 Paid Leave as Time Worked for the Purpose of Computing Overtime 14
Section 7.8 Rest Periods 14
Section 7.9 Seventh Consecutive Day of Work 14
Section 7.10 Shift Starting Time 14
Section 7.11 Reporting Pay 14
Section 7.12 Call-In and Call-Back Pay 15
Section 7.13 Work Schedule 15
Section 7.14 Standby 15
AFSCME ii
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TABLE OF CONTENT (Continued) PAGE
ARTICLE 8 WAGES AND FRINGE BENEFITS
Section 8.1 Wages 16
Section 8.2 Shift Differential 18
Section 8.3 Holidays 18
Section 8.4 Holiday Pay 18
Section 8.5 Rate of Pay When Working Out of Classification 19
Section 8.6 Uniforms 19
Section 8.7 Safety Shoes 20
Section 8.8 Vacation Benefits 21
Section 8.9 Meal Allowance 21
Section 8.10 Jury and Witness Duty 21
Section 8.11 Tool Allowance 22
Section 8.12 Bereavement 23
Section 8.13 Pay Periods 23
Section 8.14 Injury Service Connected 23
Section 8.15 Certificates 23
Section 8.16 Pay for Hazard Duty 23
Section 8.17 Changes in Benefits 24
Section 8.18 Pension, DROP,Retiree Health 24
Section 8.19 Training and Training Programs 25
Section 8.20 Skill Pay Supplement 26
Section 8.21 Health Insurance 26
Section 8.22 Essential Personnel (Hurricane Pay) 27
Section 8.23 Landfall Team 27
ARTICLE 9 SENIORITY
Section 9.1 Definition 29
Section 9.2 Layoffs 29
Section 9.3 Recalls 29
Section 9.4 Break in Seniority 29
Section 9.5 Seniority Lists 30
Section 9.6 Union Officer Continuation of Duties 30
Section 9.7 Promotions 30
Section 9.8 Demotions 31
Section 9.9 Preference for Out of Class Assignments 31
Section 9.10 Shift Preference 31
Section 9.11 Temporary Employees 32
Section 9.12 Vacations and Emergencies 32
ARTICLE 10 GENERAL PROVISIONS
Section 10.1 Work Rules and Incorporation of Personnel Rules 33
Section 10.2 Clean-up Time 33
Section 10.3 Safety 33
Section 10.4 Safety Glasses 34
Section 10.5 Safety Equipment 34
Section 10.6 Emergency Medical Attention 34
Section 10.7 Transportation of Employees 34
Section 10.8 Transfer 34
Section 10.9 Civic Duty 34
Section 10.10 Unpaid Leaves 35
Section 10.11 Negotiation Pay 35
Section 10.12 Contracting&Subcontracting 35
Section 10.13 Sick&Vacation Leave Accrual&Maximum Payment on Termination 36
Section 10.14 Perfect Attendance Bonus 37
AFSCME iii
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TABLE OF CONTENT (Continued) PAGE
Section 10.15 Changes in Job Specifications & New Classifications 37
Section 10.16 Opportunity for Advancement 37
Section 10.17 Union Conventions 37
Section 10.18 Educational Leave 38
Section 10.19 Meetings Leave 38
Section 10.20 Union Bulletin Boards 38
Section 10.21 Labor Management Committee • 38
Section 10.22 Me Too and Re-openers 39
ARTICLE 11 DRUG AND ALCOHOL TESTING
Section 11.1 40
Section 11.2 40
Section 11.3 40
Section 11.4 41
Section 11.5 41
Section 11.6 41
Section 11.7 Drug/Alcohol Random Testing 42
Section 11.8 Last Chance Agreement 43
ARTICLE 12 CONDUCT AND PERFORMANCE EXPECTATIONS
ARTICLE 13 MOUs AND SIDE AGREEMENTS
ARTICLE 14 TEMPORARY VEHICLE ASSIGNMENT
ARTICLE 415 SAVINGS 44
ARTICLE 416 ENTIRE CONTRACT 45
ARTICLE 4417 TERM OF CONTRACT 46
EXECUTION 47
ELECTION OF REMEDY FORM 48
APPENDIX: HEARING EXAMINER RULES 49
APPENDIX A: MOUs AND SIDE AGREEMENTS
AFSCME iv
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CONTRACT
THIS CONTRACT, made and entered into this 2 - day of April 2011, by and between the
CITY OF MIAMI BEACH, FLORIDA, (herein called the"City"),and the AMERICAN FEDERATION OF
STATE, COUNTY AND MUNICIPAL EMPLOYEES UNION, LOCAL 1554, (herein called the"Union").
WITNESSETH:
WHEREAS,this Contract has as its purpose the promotion of harmonious relations between
the City and the Union and the negotiation of wages, hours, and working conditions to be in effect
during the term(s) of this Contract; and
WHEREAS,the rights,obligations,and authority of the parties to this Contract are governed by
and subject to the laws of the State of Florida;
NOW, THEREFORE, the parties agree with each other as follows:
AFSCME 1
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ARTICLE I
RECOGNITION
Section 1.1 Representation. Pursuant to and in accordance with all applicable provisions of Chapter
447, Part II of the Florida Statutes, the City recognizes the Union as the exclusive bargaining
representative for all employees included in the bargaining unit of Local 1554, for the purpose of
collective bargaining concerning wages, hours of work and other terms and conditions of employment.
Section 1.2 Bargaining Unit. The bargaining unit of this local union has been determined by the
Public Employees Relations Commission to be appropriate for the purposes of collective bargaining.
Certificate No. 379 was issued to Local 1554 on January 9, 1978. The bargaining unit of this local
union includes all classifications listed below:
Assistant Pumping Mechanic Pumping Mechanic
Building Supervisor Recreation Attendant
Building Services Technician Recreation Leader I
Central Services Technician Recreation Leader II
Control Room Operator Recreation Program Supervisor
Concession Attendant School Guard
Customer Service Representative Sewer Pipefitter
Diesel Generator Mechanic Sewer Supervisor
Fire Equipment Mechanic Sign Maker
Fleet Service Writer Storekeeper I, II, and III
Fleet Service Representative Storekeeper/Mechanic
Heavy Equipment Operator I and II Street Lighting Technician I and II
Ice Rink Technician Street Supervisor
Irrigation System Supervisor Tree Maintenance Supervisor
Mechanic I, II, and III Tree Trimmer
Municipal Service Worker I, II, and III Waste Collector
Municipal Service Worker Trainee Waste Driver Supervisor
Museum Guard Water Meter Technician I and II
Park Supervisor Water Pipefitter
Pest Control Supervisor Water Supervisor
The parties agree that they will periodically review the job classifications and, if appropriate,file a joint
petition to Public Employees Relation Commission(PERC)to determine which positions should be in or
out of the bargaining unit.
Section 1.3 Communications.
a) All official union communications from the City shall be sent to the Union's designated address,
telephone or email. An official AFSCME letter will be provided by AFSCME to notify the City of
these designations.
b) All official City communications from the Union shall be sent to the City Manager's designee for
Labor Relations.
AFSCME 2
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Section 1.4 Rights of Individuals.
a) A union member shall be entitled to Union representation in accordance with the provisions of this
Contract at each and every step of the grievance procedure set forth in this Contract.
b) All references to"employees"in this Contract shall mean both sexes,and where the male gender is
used, it shall be construed to include male and female employees. The City agrees not to interfere
with the rights of employees to become members of the Union and the Union agrees not to
interfere with the rights of employees to refrain from becoming Union members. There shall be no
discrimination, interference, restraint, or coercion by the City against any employee because of
Union membership or Union activity. There shall be no discrimination, interference, restraint,
coercion by the Union against any employee because of non-union membership.
c) No mechanical recording devices of any kind shall be used in discussions between department
heads,division heads,or supervisors and employees unless the parties mutually agree otherwise.
It is specifically understood that this subsection shall not in any way apply to any City board.
d) During an entrance interview, no prospective new employee who would be covered by this
Agreement shall be questioned concerning his/her feelings, pro or con, toward the Union.
e) Upon reasonable request,an employee or his/her Union representative designated in writing shall
have the right to review his/her personnel file maintained by the Human Resources Department(or
by the Division) in the presence of an appropriate representative of the Human Resources
Department or Division Management. Employees shall be provided with a copy of any documents
placed in his/her personnel file which adversely reflect on an employee's work performance. If
requested by the employees, his/her supervisor will discuss the documents with him/her. The
employee shall be allowed to place in his/her personnel file a response of reasonable length to
anything contained therein which the employee deems to be adverse. It is specifically understood,
that this provision shall not in any way alter or modify the Personnel Rules concerning tests or
examinations and the period of time which an employee has to review tests or examinations which
he/she has taken.
f) Nothing contained in this Contract shall abridge the rights of individual employees or the employer
under Florida law.
q) Upon request, Human Resources will provide to the Union President a monthly list of new hires in
bargaining unit positions.
AFSCME 3
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Section 1.5 Information to be Provided to Union by City. Upon written request of the Union.the City
will provide the following for each employee in the bargaining unit represented by the Union, in excel
format:
1. Name
2. Home address
3. Home phone number
4. Department
5. Position classification
6. Starting date
7. Hourly wage
The Union may present a written request for employee information twice every calendar year.
AFSCME 4
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ARTICLE 2
DEDUCTION OF UNION DUES
Section 2.1 Check off. Upon receipt of a lawfully executed written authorization from an employee,
which is presented to the City by an official designated by the Union in writing, the City agrees during
the term of this Contract to deduct the uniform biweekly Union dues of such employees from their pay
and remit such deductions to Council 79 Business Manager(provided address agreed)together with a
list of the employees from whom deductions were made; provided, however,that such authorization is
revocable at the employee's will upon thirty (30) days written notice to the City and the Union. The
Union will notify the City thirty(30)days prior to any change in its dues structure.
The Union shall pay, during the term of this Agreement the amount of one hundred dollars ($100.00)
annually as a service charge for implementing and processing the above stated dues deductions. The
Union shall make the payment on or before April 1 of each year of the Agreement.
Section 2.2 Indemnification. The Union agrees to indemnify and hold the City harmless against any
and all claims, suits, orders or judgments brought or issued against the City as a result of any action
taken or not taken by the City under the provision of this Article.
AFSCME 5
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ARTICLE 3
EQUAL EMPLOYMENT OPPORTUNITY
Section 3.1 No Discrimination. In accordance with applicable Federal and State law,the City and the
Union agree not to discriminate against any employee as defined in federal, state, and municipal
ordinances.
Nothing contained herein shall serve as a barrier for the implementation by the City of any such
personnel actions as deemed necessary to comply with the Americans With Disabilities Act.
The development of job specifications that delineate those duties that are the required,essential tasks
of each job for the purpose of the Americans With Disabilities Act (ADA), shall not be considered
discriminatory or be grievable under the terms of this Contract.
This section does not preclude any bargaining unit employee from pursuing any appeal he/she may
have under the Civil Rights Act.
Section 3.2 Affirmative Action. The parties acknowledge the existence of Federal Guidelines on
voluntary affirmative action programs and the City is committed to the development of an Affirmative
Action Plan in accordance with those guidelines and law. The Union will be provided with an
opportunity to participate in the development of the Plan,and will thereafter assist the City in achieving
any lawful goals set forth in the Plan.
Section 3.3 Examinations. The City is committed to the utilization of fair,job-related examinations
and fairly administering such examinations,however,the subject matter and/or administration of these
examinations shall be subject to the grievance procedure up to Step III of the grievance procedure of
this Contract,however,questions or complaints concerning examinations may be brought directly to the
City Manager's designee for Human Resources.
AFSCME 6
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ARTICLE 4
GRIEVANCE PROCEDURE
Section 4.1 Definition of Grievance and Time Limit for Filing. A grievance is a dispute involving the
interpretation and application of the express terms of this Contract, excluding matters not covered by
this Contract. The Union acknowledges that the Personnel Board retains the right to make, enforce,
amend, and apply the Personnel Rules and Regulations, and that neither the City, the Union, nor an
arbitrator can control the Personnel Board's exercise of this right. No grievance shall be entertained or
processed unless it is submitted within ten fifteen (a-915)working days after the occurrence of the event
giving rise to the grievance or within ten-fifteen(4915)working days after the employee,through the use
of reasonable diligence, should have obtained knowledge of the occurrence of the event giving rise to
the grievance.
Section 4.2 Grievance Procedure. Grievances shall be processed, individually, as follows:
STEP 1: Any employee who has a grievance(or a steward on the employee's behalf)shall
submit the grievance, on the Grievance Form as provided by the City, to the
supervisor designated for this purpose by the City, and if the employee wishes,
he/she shall be accompanied by his/her Union Steward.
If no settlement is reached, the supervisor shall give the City's written answer
within five-fifteen (515) working days after such presentation. The Election of
Remedy Form as agreed herein shall be completed and submitted with the Step
1 grievance.
STEP 2: If the grievance is not settled in Step 1 and the employee wishes to appeal the
grievance to Step 2 of the Grievance Procedure, it shall be referred in writing to
the Department Head within three five (35)working days after the Supervisor's
• answer in Step 1 and shall be signed by the employee and/or the Union Steward.
The Department Head, or his/her Representative, shall discuss the grievance
within t#Fee-fifteen(315)working days with the Union Steward at a time mutually
agreeable to the parties.
If no settlement is reached,the Department Head,or his/her Representative,shall
give the City's written answer to the Union within*wee-fifteen(al 5)working days
following their meeting. Grievances processed without the completed, signed
Election of Remedy Form attached will be considered as withdrawn, and will be
returned to the Union President or the Grievant(s).
AFSCME 7
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STEP 3: If the grievance is not settled in Step 2 and the Union and/or the employee
desires to appeal, the Union President or his/her designated Representative
and/or the employee shall appeal in writing to the City Manager's designee for
Labor Relations, within three five (45) working days after the designated
Department Head's answer in Step 2. A meeting between the City Manager's
designee for Labor Relations, and the Union Grievance Committee, not to
exceed five(5)employees(and/or the employee)shall be held at a time mutually
agreeable to the parties.
If no settlement or a settlement is reached, the City Manager's designee for
Labor Relations shall give the City's written answer to the Union and the
employee within five fifteen (515)working days following the meeting.
The Union President or the Chief Steward and the appropriate Department Head may mutually agree in
writing that the first two steps of the grievance procedure set forth above may be bypassed if the
circumstances warrant it.
The City and the Union hereby agree that this procedure and the arbitration procedure set forth in
Section 4.3 shall be the sole and exclusive method for interpreting and enforcing this Agreement,
except in matters over which the City's Personnel Board or Hearing Examiner has jurisdiction (See
Section 4.6). Except as otherwise provided herein,the Union shall have the exclusive right to represent
all employees and to control the submission of grievances to arbitration. In accordance with its
obligation to fairly represent employees,the Union shall be authorized to withdraw, abandon or settle
any grievance at any time.
Section 4.3 Binding Arbitration. If the grievance is not resolved in Step 3 of the grievance procedure,
the Union, on behalf of the employee(s)who filed the grievance, may refer the grievance to binding
arbitration within five (5)working days after receipt of the City's answer in Step 3. The parties shall
attempt to agree upon an arbitrator within ter-fifteen (4-015) working days after receipt of notice of
referral and in the event the parties are unable to agree upon an arbitrator within said ten-fifteen(4815)
workday period, either or both parties may request the Federal Mediation and Conciliation Service to
submit a panel of five (5) arbitrators. Both the City and the Union shall have the right to strike two
names from the panel. The parties shall alternately strike one name at a time. The remaining person
shall be the arbitrator. The arbitrator shall be notified of his/her selection within five-fifteen (515)
working days by a joint letter from the parties requesting that he/she advise the parties of his/her
availability for a hearing.
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Section 4.4 Authority of Arbitrator. The arbitrator shall have no right to amend, modify, ignore,add
to, or subtract from the provisions of this Contract. He/She shall consider and decide only the specific
issue submitted to him/her in writing by the parties, and shall have no authority to make a decision on
any other issue not so submitted to him/her. The arbitrator shall submit in writing his/her decision within
thirty(30) days following close of the hearing or the submission of briefs by the parties, whichever is
later, provided that the parties may mutually agree in writing to extend said limitation. The decision
shall be based solely upon his/her interpretation of the meaning or application of the express terms of
this Contract to the facts of the grievance presented. Consistent with this section, the decision of the
arbitrator shall be final and binding.
Section 4.5 Expenses of Arbitration. The fee and expenses of the arbitrator shall be paid-split by the
party partiesnot prevailing in the decision of the arbitrator. If only one party wishes a written transcript,it
shall be the party's sole financial responsibility. If both parties wish the transcript, they shall split the
cost. Each party shall be responsible for compensating its own representative and witnesses.
Section 4.6 Election of Remedies. Disciplinary actions may be grieved under the
grievance/arbitration provisions contained in this Article or to a Hearing Examiner,who shall be selected
by utilizing the procedures outlined in Section 4.3 of this Article. Disciplinary actions that may be
appealed through the Hearing Examiner process include only removals,suspensions or demotions. A
grievance involving the interpretation or application of this Agreement may be grieved solely under the
grievance/arbitration provisions contained in this Article. Grievances regarding certain non-disciplinary
matters,such as disagreements as to the waiving or application of changes to personnel rules or other
work rules or policies may be filed via the Personnel Board procedures. The decision of the hearing
officer shall be final and binding. The cost of a Hearing Officer shall be paid by the City. Any
proceedings before the Hearing Examiner shall be conducted pursuant to the attached Hearing
Examiner Rules.
Section 4.7 Grievances Involving Discipline. Discipline shall only be for cause but shall not include
informal counseling or oral reprimands that are not written up and placed in the employee's Personnel
file. Written reprimands, suspensions, and dismissals shall be considered discipline. Any employee
who has completed the working test period (probationary period) and who is disciplined may file a
grievance concerning same. Grievances involving disciplinary actions, may be filed at Step II of the
grievance process as set forth in Section 4.2 or,if applicable,through the Hearing Examiner process as
stated in Section 4.6. Written reprimands may only be grieved through Step III of this procedure. The
City will review and consider the length of time of previous reprimands as part of the progressive
discipline process.
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Section 4.8 Union Stewards. Union Stewards shall be designated by the Union. The Union shall be
entitled to 18 Stewards distributed as follows:
Sanitation 3
Parks Maintenance 2*
Fleet Management 2*
Water/Sewer 2
Streets and Streetlights 1
Property Management 1
Recreation & Parks Department& Bass Museum 4
Parking Department 1
Chief Steward (Police Department) 1
Fire Support 1
Each at a different location.
The Chief Steward (or President) shall have the right to function in the absence of any designated
Steward. The Union shall certify in writing to the City the names of the Stewards in each of the
foregoing areas who shall be employed in said area. Stewards shall be permitted during working hours
without loss of pay,to investigate, discuss and process grievances in their respective areas; provided
the following conditions are met: (1)They first secure the permission of the Supervisor designated by
the City for this purpose(such permission shall not be unreasonably denied); (2)The Supervisor shall
be notified 24 hours prior to investigating, discussing,and processing grievances on City time(shorter
notice may be given to the Supervisor in the case of an urgent matter); and (3)The Union Steward or
Representative will report his/her return to work to the immediate Supervisor upon conclusion of the use
of time for grievance under this section.
Section 4.9 Grievance Meetings. Grievance meetings shall be held at mutually agreed to times and
places. Where practicable, the parties should schedule such meetings during working hours.
Section 4.10 Union Representation. The Union, in accordance with Chapter 447.401, Florida
Statues,shall not be required to process grievances for employees who are not members of the Union.
The Union will, however, be notified of the filing of all grievances and shall have a right to be present at
any scheduled meetings or hearings held pursuant to Section 4.2(Grievance Procedure). In addition,
the union shall be notified of all proposed grievance settlement with any bargaining unit member in
writing prior to the final disposition of a settlement agreement.
The City shall notify the Union of all grievances filed by bargaining unit members,scheduled meetings,
and hearings at Step III of the grievance process pursuant to Section 4.2. In addition,the Union shall
be notified of all proposed grievance settlements with any bargaining unit member in writing prior to final
disposition of a settlement agreement.
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Section 4.11 Union Time Bank.
The City agrees to provide a time bank of 1040 hours per year to be used by the Union President and
his or her designee to conduct union business. No more than two (2) of the designated union
representatives may use time from the union time bank at the same time. The President or designated
union representative shall provide a minimum of twenty-four (24) hours' notice to the appropriate
Department or Division Director or designee for any leave to be granted. If the union time bank is
exhausted prior to the start of the next contract year, no more paid time off to conduct union business
on City time shall be requested, paid or approved, unless done with employees' individual leave
balances from leave other than Sick Leave.
Section 4.12 Employee Rights During Meetings or Interviews.
a) An employee shall be entitled to request Union representation at all meetings where the
representative of the City intends to seek or gain information from the employee, which may
become a part of the written disciplinary record or may result in a written warning/reprimand of the
employee.
b) The employee shall be informed of the nature of the meeting, the alleged conduct, and if
requested, be given a reasonable period of time prior to the meeting to contact and consult with the
Union. Nothing contained herein shall preclude an employee from legal representation in the event
of a criminal investigation.
c) All meetings will be held in the City at a reasonable hour during the employee's shift or contiguous
to the shift on the clock, unless an emergency or serious condition prevents such action.
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ARTICLE 5
NO STRIKE AND NO LOCKOUT
Section 5.1 No Strike. The parties hereby recognize the provisions of Chapter 447, Florida Statutes,
which define strikes, prohibit strikes, and establish penalties in the case of a strike and incorporate
those statutory provisions herein by reference. The parties further agree that the City shall have the
right to discharge or otherwise discipline any employee(s) who engage(s) in any activity defined in
Section 447.203(6) of the Florida Statutes.
Section 5.2 No Lockout. The City will not lockout any employees during the term of this Contract as a
result of a labor dispute with the Union.
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ARTICLE 6
MANAGEMENT RIGHTS
It is recognized that except as stated herein, it is the right of the City to determine unilaterally the
purpose of each of its constituent agencies, set standards of service to be offered to the public, and
exercise control and discretion over its organization and operations. The Union recognizes the sole and
exclusive rights, powers,and authorities of the City further include but are not limited to the following:to
direct and manage employees of the City; to hire, promote, transfer, schedule, assign, and retain
employees;to suspend,demote,discharge or take other disciplinary action against employees for just
cause; to relieve employees from duty because of lack of work, funds or other legitimate reasons; to
maintain the efficiency of its operations, including the right to contract and subcontract existing and
future work; to determine the duties to be included in job classifications and the numbers, types, and
grades of positions or employees assigned to an organizational unit, department or project; to assign
overtime and to determine the amount of overtime required; to control and regulate the use of all its
equipment and property; to establish and require employees to observe all applicable rules and
regulations;to conduct performance evaluations;and,to determine internal security practices;provided
however, that the exercise of any of the above rights shall not conflict with any of the express written
provisions of this Agreement. The Union, its officers, agents, and members agree that they will not
interfere with Management in the performance of its duties. The City agrees that, prior to layoff of
bargaining unit members, it will advise the Union.
If, in the sole discretion of the City, it is determined that civil emergency conditions exist, including but
not limited to riots, civil disorders, hurricane conditions, or similar catastrophes, the provisions of this
Agreement may be suspended by the City Manager or his/her designee during the time of the declared
emergency, provided that wage rates and monetary fringe benefits shall not be suspended.
Should an emergency arise,the Union President and Staff Representative shall be advised as soon as
possible of the nature of the emergency. Nothing contained in this Agreement shall prohibit the
implementation of personnel actions the City deems necessary to comply with the Americans With
Disabilities Act (ADA).
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ARTICLE 7
HOURS OF WORK AND OVERTIME
Section 7.1 Purpose. This Article is intended to define the normal hours of work and to provide the
basis for the calculation and payment of overtime. It shall not be construed as a guarantee of hours of
work per day or per week, or of days of work per week.
Section 7.2 Normal Workday. The normal workday shall consist of eight(8)or ten (10)consecutive
hours of work, exclusive of the lunch period, in a twenty-four(24) hour period. Prior to any change in
the normal workday of a group of employees,the City will discuss the proposed change with the Union.
Section 7.3 Normal Workweek. The normal workweek shall consist of forty(40)hours per week. The
workweek shall begin with the employee's first regular shift each week. If the workweek is changed,the
employee will normally be notified fourteen (14) calendar days prior to the effective date of change;
provided that shorter notice may be given if circumstances do not permit the giving of fourteen (14)
calendar days'notice; provided further that it may be changed upon shorter notice upon agreement by
the Union.Agreement shall not be unreasonably denied.The implementation of this provision shall not
be arbitrary and capricious.
Section 7.4 Weekly Overtime. For all hours worked in excess of forty (40) hours during an
employee's workweek, the City will pay the employee at the applicable overtime rate.
Effective upon ratification of this Agreement, only actual hours worked shall be considered for the
purposes of computing overtime. Paid leave, including but not limited to annual, holiday, sick, family
and medical(FMLA), birthday,floating holiday, bereavement,compensatory and administrative leave
shall not be considered as time worked for the purpose of computing overtime. Effective upon
ratification of this Agreement, holiday leave shall count as time worked for the purpose of computing
overtime.
Section 7.5 Distribution of Overtime Opportunity. Opportunity to work overtime shall be distributed
equally as practicable among employees in the same job classification in the same work section and
area starting with the most senior employee, provided the employees are qualified to perform the
specific overtime work required. Seniority for the purpose of this subsection only shall mean length of
continuous service in the division in question. Overtime opportunities shall be accumulated on
adequate records(which shall be available to the Union and employees with overtime rosters posted on
divisional board and updated monthly)and offered overtime not worked shall be considered as worked
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in maintaining these records. If any employee establishes that he/she has not received his/her fair
share of overtime opportunities, such employee shall have first preference to future overtime work until
reasonable balance is recreated. Employees who have been recorded for overtime hours not worked
shall not be discriminated against with respect to future overtime opportunities or job assignments.
Overtime worked shall be voluntary, whenever possible. On a particular job, an employee may be
asked to complete work in progress during overtime when hazardous conditions are present.
The City agrees to discuss how overtime is distributed at labor/management meetings,that will include
the respective Department Director, Division Director(s)and a representative from the Labor Relations
Division. The agreement to meet and explore options is not a guarantee that changes will be made.
Meetings shall be scheduled within thirty(30) days from date of ratification of this Agreement.
Section 7.6 No Pyramiding. Compensation shall not be more than once for the same hours.
Section 7.7 Paid Leave as Time Worked for Purpose of Computing Overtime. Effective upon
ratification of this Agreement, in instances where the Public Works Director,or his designee,sends an
employee home on administrative leave to rest after working twelve(12)additional twenty(20)hours or
more in a 24-hour period, contiguous to the employee's regular shift, as a result of an operational
emergency or management need, such period of administrative leave shall be considered as time
worked for the purposes of computing overtime.
Section 7.8 Rest Periods. Each employee shall be granted a fifteen(15)minute rest period with pay
which will be scheduled whenever practicable approximately midpoint in the first one-half of the
employee's regular work shift and in the second one-half of the shift.
Section 7.9 Seventh Consecutive Day of Work. For all hours worked on an employee's seventh
consecutive workday within his/her workweek,the City shall pay two(2)times the employee's straight
time hourly rate of pay, provided the employee has worked his/her full shift on each of the six (6)
preceding workdays;provided that paid leave will not be considered as time worked for the purpose of
this Section. This provision shall not be applicable if a substantial number of employees are scheduled
to work seven (7) consecutive workdays because of an emergency such as a hurricane.
Section 7.10 Shift Starting Time. If the scheduled shift starting time of an employee is changed,the
employee will normally be notified ten (10) days prior to the effective date of change; provided that
shorter notice may be given if circumstances do not permit the giving of ten (10)days' notice.
Section 7.11 Reporting Pay. An employee who reports to work as scheduled will be guaranteed eight
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(8) hours of work or eight (8) hours of pay at the applicable rate; provided, however, if the employee
does not perform the work assigned to him/her(within or below his/her classification)he/she shall not
receive any pay for time not worked.
Section 7.12 Call-In and Call-Back Pay. An employee who is called to work outside of his/her normal
hours of work will be guaranteed four(4)hours of work or four(4) hours of pay at the applicable rate;
provided, however, if the employee does not perform the work assigned in his/her job classification
he/she shall not receive any pay for the time not worked.
This provision shall not apply to an early call-in or early report which overlaps into the employee's
regular shift. In such case,the early call-in or early report time will be compensated at the employee's
regular rate of pay or at the rate of time and one-half the regular rate of pay if the total hours worked in
the workweek exceed forty.
To ensure the equitable distribution of overtime opportunity,on-call/call-in hours worked or offered shall
be added to the employee's total on the overtime roster.
Section 7.13 Work Schedule. Work schedule shall normally show the employees'shifts,work days,
and hours, and shall be posted when necessary on an appropriate bulletin board.
Section 7.14 Standby. Employees expressly assigned to standby status shall receive two(2)hours of
straight time as a Standby bonus for each day of that assignment. Employees will not be paid both the
Standby bonus and Call Back pay for the same day (i.e., if called in while on Standby status the
employee will be paid only the Call Back pay). Upon ratification of this Agreement, employees will be
paid both the Standby bonus and Call Back pay for the same day, only if the employee is called back
more than once on the same day. Management may call back employees qualified to do the iob,
including crossing working groups within the AFSCME bargaining unit. 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 forty-five(3945)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.
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ARTICLE 8
WAGES AND FRINGE BENEFITS
Section 8.1 Wages. The City of Miami Beach classification and pay system will be utilized under this
contract. This includes salary range changes,job audits,and market classification studies. This does
not include cost-of-living increases. No change shall take place until the Union President or his/her
designee concurs. No decision made within the context of this provision shall result in a lower grade,
the removal of a job classification from the bargaining unit, nor shall said decision result in an
exemption from FLSA overtime requirements.
Effective upon ratification of this AgrccmentApril 23, 2014, the 2009 Condrey & Associates Job
Classification and Compensation Study, as adjusted in 2013 and further provided for by the April 1,
2014 Cost of Living Adjustment (COLA), will be implemented for all bargaining unit classifications,
establishing the minimum base pay for all bargaining unit classifications in accordance with"Scale C"of
the study,and the maximum base pay for all bargaining unit classifications in accordance with"Scale B"
of the study.
Notwithstanding the above,employees whose current base pay is below the minimum of the pay range
for their classification pursuant to "Scale C," shall have their current base pay increased to equal the
minimum of the pay range for their classification pursuant to"Scale C."Those employees whose base
Ipay,at time of ratification of this Agreementas of April 23,2014,is over the maximum of the pay range
for their classification pursuant to "Scale B" of the study, shall be allowed to retain their current base
pay. However,they shall be ineligible to receive future cost of living adjustments(COLAs)and/or merit
increases until such time as their base pay is once again within the salary range of their classification.
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No employee's base pay shall thereafter exceed,for any reason, the applicable maximum base pay for
the pay range of the employee's classification, except as otherwise stated herein.
Attached as Exhibit "IA", "1B", and "10" are the classification and compensation plan, as well as pay
ranges, that will take effect upon ratification of this Agreement.
The City will conduct and complete a job classification audit of the Storekeeper III position in the Public
Works Department.
No bargaining unit member who left the City's employment prior to the date of ratification of this
Agreement by both parties will be eligible for any wages or benefits under this Agreement.
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Cost of Living Adjustment (COLA)
a) Effective with the first pay period ending in April of 2016May 1, 2013, there shall be Re-an across-
the-board wage increase of one percent(1%)for any bargaining unit pesitionsmember whose base
pay does not exceed the maximum of the pay range for their classification. Also,there shall be no
increase on the minimums and maximums of each job classification pay range. (Exhibits"1A"and
"1B")
b) Effective with the first pay period ending in July of 2017April 1 2011,there shall be an across-the-
board wage increase of two-three percent(2-3%)for any bargaining unit member whose base pay
does not exceed the maximum of the pay range for their classification„- e - •• • _ _ -- !!_
Condrey & Associates Job Classification and Compensation Study (''Scale B"), including
classification pay range will increase by two percent(2%). (Exhibit"1C")
c) Effective with the first pay period ending in July of 2018April 1,2015,there shall be an across-the-
board wage increase of ere-three percent(43%)for any bargaining unit member whose base pay
does not exceed the maximum of the pay range for their classification„as determined by the 2009
classification pay range will increase by one percent(1%). (Exhibit"2C")
Merit Increase
Within sixty(60)days of an employee's merit review date,the employee's Department shall complete a
Performance Evaluation and forward it to Human Resources. The Evaluation shall be completed in
accordance with the policy established by Human Resources. Failure to complete a Performance
Evaluation within sixty(60)days will result in an automatic two percent (2%) salary increase.
Employees who receive a score of sixty three(693)or above shall receive a two percent(2%)increase
on their merit review date,provided that the employees'base pay shall not exceed the maximum of the
pay range for their classification. Ratings shall be 1 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. Performance Evaluation increases may total no more than two
percent (2%),
Employees who receive a score of less than sixty three (683)shall not receive a merit increase.
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If an employee's merit rating score does not qualify him/her for a merit increase, the employee may
grieve the evaluation up to Step 3 under the provisions of this Agreement.
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Section 8.2 Shift Differential. There shall be a shift differential of forty five cents($.45) per hour for
work performed at the City's request on regular shifts beginning after 2:30 P.M. and at or before 11:00
P.M. There shall be a shift differential of fifty five cents($.55)per hour for work performed at the City's
request on regular shifts beginning after 11:00 P.M.and before 6:00 A.M. Shift differential shall only be
paid for regular shifts,and shall not be applied to overtime,call-in or standby hours worked and/or paid.
Section 8.3 Holidays. The following fourteen(14)days shall be considered holidays: New Year's Day,
Dr. Martin Luther King's Birthday, President's Day, Memorial Day, Independence Day, Labor Day,
Veterans Day, Thanksgiving Day, the day following Thanksgiving, Christmas Day, three (3) floating
holidays, and the Employee's Birthday. Employees shall become eligible for floating holidays and the
Birthday Holiday upon completing six (6) months continuous service with the City.
Section 8.4 Holiday Pay. Effective upon ratification of this AgrcomcntApril 23,2014,employees shall
receive eight (8) or ten (10) hours pay, whichever is applicable based on the employee's regularly
assigned work shift, at the employee's regular rate of pay for holidays not worked'.
To be eligible for holiday pay, an employee must report for scheduled work on the holiday, on the last
scheduled day preceding the holiday, and the first scheduled day following the holiday unless such
absences are excused. Excused absences are defined as:
1)an absence due to ccrious illness or injury;
2) approved annual leave;
3)floating holiday;
4) birthday.
For work on a holiday falling on an employee's regularly scheduled work day, he/she shall be paid for
the number of hours actually worked at his/her regular or overtime rate,whichever is applicable, plus
eight(8)or ten(10) hours holiday pay, depending on the number of hours in the employee's regularly
assigned work shift, at the regular rate of pay.
Should an employee be required to work on a holiday falling on his/her day off,he/she shall be paid for
the number of hours actually worked at his/her regular or overtime rate,whichever is applicable, plus
eight(8)or ten(10)hours holiday pay, depending on the number of hours in the employee's regularly
assigned work shift, at the regular rate of pay.
Only actual hours worked shall be considered for the purposes of computing overtime. Paid leave,
including but not limited to annual,holiday, sick,family and medical(FMLA),birthday,floating holiday,
bereavement, compensatory and administrative leave shall not be considered as time worked for the
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purpose of computing overtime.
Should an employee request time off on a holiday falling on an employee's regularly scheduled work
day, he/she shall be paid holiday pay at straight time for eight(8)or ten (10)hours of pay,whichever is
applicable based on the employee's regularly assigned work shift,at the employee's regular rate of pay
for the day and it shall not count against his/her accumulated leave. Such requests shall be considered
and approved in the same manner as vacation requests.
Section 8.5 Rate of Pay When Working Out of Classification. An employee may be required to
temporarily work out of his/her classification when directed by management. Temporarily is defined as
an employee who is clearly and definitely performing the principal duties in a higher pay classification
for more than one hour per day, and they shall not exceed 580 hours in a 12-month period,and shall be
paid as follows, except at the sole discretion of the Human Resources Director, he/she may waive the
580 hour cap if in his/her judgment, it will best serve the needs of the City service:
a) Out of class pay shall be distributed as equally as practicable among employees in the same job
classification in the same work section.
b) If he/she is temporarily working in a lower classification,he/she shall receive his/her hourly rate in
his/her regular classification. Employees will not be assigned to lower classification work as
punishment or to demean the employee.
c) If he/she is temporarily working for one or more consecutive hours in a higher paying classification,
he/she shall be paid an hourly rate of ene-two dollars ($1-2.00) per hour to be added to the
employee's straight-time rate of pay.
Employees being trained with on-site supervisory assistance in a bona-fide training program for a
higher paying classification will be paid their current rate in their regular classification during such
training time.
Section 8.6 Uniforms. The City will provide uniforms to bargaining unit employees who are required to
wear them. The composition of the uniform shall be determined after consultation with the Union. The
Uniforms issued shall be chosen based on considerations of employee safety and comfort,as well as
cost. Issued uniforms will be replaced by the Department upon presentation of worn or damaged
uniform items by the employee no less than once per year. Each Department Director shall provide
necessary safety/foul weather gear, as appropriate.
The venders-City will deliver the uniforms to the employees' n April 30"'of each year for
the term of this Contract.
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•
All employees shall receive six uniforms.
Six pants or shorts (if appropriate)
Six shirts
Six T-Shirts
One Uniform Jacket(one jacket during the term of the contract)
Sponsorship: In the event that the City enters into an agreement with any outside sponsor concerning
uniforms that may be issued to any employee(s) (but not necessarily all employees) who are in the
AFSCME bargaining unit,the Union agrees that these sponsored uniforms may be issued to satisfy the
contractual uniform obligations. The Union agrees that no additional contract obligations concerning
uniforms are hereby created,and that such sponsored uniforms may be discontinued at any time by the
City. The issuance and/or discontinuance of any such uniforms pursuant to such a sponsorship
arrangement shall not be subject to any grievance or appeal process.
Section 8.7 Safety Shoes. Employees in the following job classifications will be required to wear
safety shoes during all working hours. Effective October of each year a safety shoe certificate will be
provided to those employees in the following job classifications for the purchase of safety shoes
meeting ASTM F2413-05 Federal Safety Standards.
Those employees in the following classifications will make his/her safety shoe selection from a
predetermined list of safety shoes,which will be developed by the Shoe Safety Committee comprised of
two(2) Union representatives and two (2) Management representatives.
Assistant Pumping Mechanic Pumping Mechanic
Diesel Generator Mechanic Recreation Leader I and II*
Building Services Technician Recreation Program Supervisor"
Building Supervisor Sewer Supervisor
Concession Attendant'l Sewer Pipe Fitter
Control Room Operator Sign Maker
Central Services Technician Street Supervisor
Fire Equipment Mechanic Street Lighting Technician I and II
Fleet Service Representative Stores Clerk
Heavy Equipment Operator I and II Storekeeper I, II and III
Ice Rink Technician Storekeeper/Mechanic
Irrigation Systems Supervisor Tree Trimmer
Mechanic I, II and III Water Meter Technician I and II
Municipal Service Worker I, II and III Waste Collector
Municipal Service Worker Trainee Waste Driver Supervisor
Park Supervisor Water Pipe Fitter
Pest Control Supervisor Water Supervisor
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receive shoe certificates.
Employees receiving the safety shoe certificate will be required to purchase and wear the safety shoes
during all working hours unless medically prohibited by workers compensation or primary physician,and
will be subject to up to the loss of a days pay for each day that the employee reports to work and fails
to wear the required safety shoes. Action taken against the employee under this Section shall not be
appealable to the Hearing Examiner or grieveable under this Agreement. The City Manager's designee
for Labor Relations shall review any questions on the interpretation of this paragraph.
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When, due to extreme wear and tear or accidental destruction, a replacement pair of safety shoes is
required, the City will grant an additional shoe certificate.
Section 8.8 Vacation Benefits. Consistent with applicable ordinances,the vacation benefits presently
enjoyed by the employees covered by this Contract shall continue for the term of this Contract.
Section 8.9 Meal Allowance. An employee who works three(3)consecutive hours or more of pre-shift
or post-shift overtime, commencing within 30 minutes of regular shift starting or ending time shall be
paid $7.00 unless meals are provided by the City. Employees shall receive compensation within three
(3) months.
In the event employees are supplied with a meal while working the overtime hours,the meal allowance,
as provided under this Section, shall cease.
Section 8.10 Jury and Witness Duty. The City shall permit employees to keep either payments
received from courts of competent jurisdiction for being on jury duty or in the alternative his/her
standard rate of pay, plus reimbursement of court parking expenses, upon presentation of a receipt for
such expenditure.
For each day an employee is called to jury duty, he/she shall be excused from work for such time as is
necessary to complete jury duty service. If three(3)or more hours are left in the employee's work shift
upon release from jury duty,the employee shall immediately contact his/her immediate supervisor for
instruction regarding his/her return to work.
An employee subpoenaed as a witness (not a defendant) for a matter which has arisen in the
employee's performance of duties, shall be granted temporary leave of duty with pay equal to the
difference between the employee's regular rate of pay and any witness fees received.
An employee who is a defendant in a matter which has arisen in the employee's performance of duties
and who is adjudged not guilty or not liable will be reimbursed for work time lost by reason of time spent
in court.
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Section 8.11 Tool Allowance. Effective January 1,2013,employees in the Mechanic II, Mechanic III,
and Fire Equipment Mechanic job classifications shall receive a tool allowance of forty-five dollars
($4045.00)per pay period;employees in the Mechanic I and Storekeeper/Mechanic job classifications
who regularly are required to use their own personal tools as part of their job duties,shall receive a tool
allowance of Ten Dollars($10.00)per pay period. As a condition precedent to being eligible to receive
the tool allowance outlined herein, the following will apply:
Management will produce a detailed list of tools that the tool allowance recipient must have in his/her on
site tool box inventory. Further,such tool inventory shall not include tools manufactured by companies
that do not offer a 100% tool replacement warranty policy, except for those drill motors or electronic
tools that may have less than a 100% warranty. In the limited exception for electric drill motors or
electronic tools,all such electric drill motors or electronic tools shall be of professional,industrial grade,
manufactured by known quality vendors.
Those employees who do not have all the required tools on the tool inventory shall not receive the tool
allowance. Should the individual wish to be re-considered for the tool allowance,he/she may purchase
the missing inventory tools and then re-apply for the tool allowance the following month.
Failure to complete the tool purchase within two (2) weeks will be cause for the employee to be
eliminated from consideration for receipt of the appropriate tool allowance. Future compliance with the
tool inventory will allow the employees in those classifications as outlined above to be eligible to receive
the appropriate tool allowance.
Each employee will submit to Management a complete inventory of the tools which they maintain at
their job site for working on City vehicles, annually. One (1) hour of time to prepare the annual
inventory of tools shall be done on City time once a year.
Each employee shall make his tools available to Management staff for an inventory and/or safety check
upon reasonable notice.
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Section 8.12 Bereavement. In case of death in the immediate family of an employee, time off with
straight-time pay will be allowed of two (2)scheduled work days off per death and four(4)scheduled
work days off per death if the funeral is held outside the State of Florida. The immediate family shall be
defined as father, mother, husband, wife, sister, brother, son, daughter, grandchild, grandfather,
grandmother, mother-in-law,father-in-law,stepfather, stepmother,stepson,stepdaughter,or domestic
partner as defined in the Domestic Partner Ordinance. Additional time off may be granted by the
Department Head, in writing, chargeable to the employee's accrued sick or vacation leave. In such
circumstances such additional sick leave shall not count against an employee for purposes of
performance evaluations.
Section 8.13 Pay Periods. Pay day shall normally be every other Friday. In the event such a Friday is
a holiday or scheduled day off, the City shall attempt to pay on the preceding day.
Section 8.14 Injury Service Connected. An employee who is absent from duty because of injury
which the City Manager or his/her designee determines is the direct result of the employee's
performance of duties on behalf of the City, shall continue to receive pay during such absence in
accordance with applicable City ordinances. Such pay may continue for a period of time not to exceed
sixteen (16)weeks unless extended by the City Manager or his/her designee with the approval of the
City Commission. Pay during the period of such absence will be computed as follows:
Employees who are entitled to pay because of injury service-connected,will be paid an amount which is
equal to the difference between their normal City pay and the amount of compensation payable under
the provisions of the Worker's Compensation Law of the State of Florida. A normal day's pay shall be
1/10 of the biweekly rate of pay.
Section 8.15 Certificates. If an employee is required by law for the performance of his/her work, to
obtain a certificate for the spraying of insecticides, or a pumping station operator certificate, or a
certificate to handle chlorine, the City shall pay the fee for such certificate. The Labor-Management
Committee shall discuss whether higher pay ranges may be appropriate where certificates are required.
Section 8.16 Pay for Hazard Duty. Effective November 1,2001,employees working hazard duty will
be paid$42.00 an hour for time actually spent in these activities. Hazard duty applies to the following
activities:
a) Spraying hazardous chemicals (the definition of"hazardous" shall be consistent with the current
definition as of ratification)
b) Diving with scuba gear
c) Working in trenches five (5)feet or greater
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d) Working in raw sewage
e) Working forty(40)feet or higher on aerial lift operations
f) Boat Operator
g) Hazardous chemical application as defined by MSDS
h) Fuel Truck Operator
Section 8.17 Changes in Benefits. The City acknowledges its obligation under state law to notify the
Union of any change in a benefit contemplated by the City and permit the Union to bargain over such a
change, to the extent that state law requires such bargaining.
Section 8.18 Pension, DROP & Retiree Health. The Miami Beach Employees' Retirement Plan
(MBERP)is the pension plan for bargaining unit members,except for those employees who previously
elected to remain in the 401-A retirement program (in lieu of participating in the City's pension plan).
The current benefits and member contributions provided by the MBERP shall remain in effect for the
term of this Agreement, except as follows:
1. For employees hired prior to April 30, 1993 who participate in the MBERP, the employee
pension contribution shall increase by 2%of earnings,from 10%to 12%of earnings,effective
upon ratification of this Agreement. For employees hired on or after April 30, 1993 who
participate in the MBERP,the employee pension contribution shall increase by 2%of earnings,
from 8% to 10% of earnings, effective upon ratification of this Agreement. The additional two
9 P 9
percent (2%) pension contribution shall cease for bargaining unit members, if and when the
actuary for MBERP confirms that the City's annual required contribution to the plan is twenty-
three and one-half percent (23.5%)of pensionable payroll or less.
2. Effective one(1)year from date of ratification of this Agreement, the option to purchase up to
two (2)years of prior creditable service shall be eliminated for all employees covered by this
Agree t.
3-2.Effective upon ratification of this Agreement,aAll current and future employees participating in
the DROP shall be entitled to participate in the DROP for a maximum period not to exceed
sixty(60)months in total.Any employee who previously executed a form entitling him or her to
enter the DROP for a period of less than sixty(60) months in total shall be given a one-time
irrevocable election,within thirty(30)calendar days from the effective date of the conforming
City ordinance amending the DROP period as set forth herein, to execute a new form
extending his or her DROP period for up to sixty(60)months in total.
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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.
The parties agree that any bargaining unit member who previously elected to participate in the 401-A
retirement program (in lieu of participating in the City's pension plan)shall be required to work at least
ten (10) years before becoming eligible for any retiree health benefits from the City.
Any bargaining unit member who is eligible for retiree health benefits from the City must make a one-
time irrevocable election to continue receipt of health benefits via the City's plan at the time that the
employee terminates City employment. The parties also agree that if a member initially elects to
continue under City health insurance, but thereafter discontinues or is discontinued from such
coverage, then the retiree may resume coverage only at their own expense, without any employer
contribution whatsoever.
Employees hired on or after September 6,2006,will be entitled to a City contribution against the cost of
continued health insurance coverage in the City's health insurance plan after retirement(or separation)
from City employment,as set forth in this section. Any employee hired on or after September 6,2006,
who then remains employed until reaching eligibility for normal retirement,and who elects to continue
insurance coverage under the City's health plan, shall upon receipt of normal retirement benefits also
receive an additional separate supplemental monthly stipend payment in the initial amount of$10.00
per year of credited service,up to a maximum of$250.00 per month until age 65,and$5.00 per year of
credited service up to a maximum of $125.00 per month thereafter. There shall be no other City
contribution toward the cost of continued health insurance coverage for such employees and this
benefit shall be paid only during the life of the retiree.
Reopener
The parties agree that after eighteen (18)months from the date of ratification,either party can reopen
this section.
Section 8.19 Training and Training Programs. The City and the Union agree that the training and
development of employees within the bargaining unit is mutually beneficial. The Union will be kept
informed of all training programs. The Union may make recommendations to the City relative to the
training of employees within the bargaining unit. The City will consider recommendations and
improvements submitted by the Union. The parties agree to meet at the request of either party for the
purpose of exchanging information concerning the overall training of employees within the bargaining
unit.
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Section 8.20 Skill Pay Supplement.
Effective January 1, 2013, the Skill Pay Supplement is as follows:
Automobile Technicians/Medium/Heavy Truck Technicians
3 to 5 Certifications $55.00/month
6 to 7 Certifications $95.00/month
"Master"Auto Technician or $135.00/month
Medium/Heavy Truck
Technician
Fire Mechanics
Level 1 Fire/Ambulance $65.00/month
Level 2 Fire/Ambulance $105.00/month
EVT Master Fire/Ambulance $145.00/month
Natural Gas ASE Certification
$35.00/month
Parts Specialist
3 of 3 Certifications
•
$55.00/month
Note: The maximum Skill Pay Supplement Benefit is $200.00/month
Effective upon ratification of this Agreement, employees who have the Waste Water and/or Water
license as of September 22, 2016, shall receive a one-time$2,500 (non-pensionable) payment.
Section 8.21 Health Insurance.
a) The City shall offer medical, dental, and life insurance benefit plans to full-time bargaining unit
employees and their legal dependents during the term of this Agreement. The City will continue to
pay at least fifty percent(50%)of the premium cost for eligible employees hired before the date of
ratification 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 standard plans, but will not have a minimum required City subsidy
amount for premium plans. The City will continue to offer alternative plans as options for
employees. The City may change insurance carriers and/or the scope and level of benefits in any
plan. The City also may change the percentage of premium cost paid by the City(i.e., provided
that it remains at least 50%)from year to year for any one or more of the optional plans available,
depending upon the scope and level of benefits available in each of the optional plans.
b) The City agrees that it will not change the level of benefits during the term of this Agreemont
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s)111Employees in the bargaining unit shall be eligible to participate in the City's flexible and voluntary
benefits plans, which may be modified by the City from time to time. The flexible and voluntary
benefits plans shall be administered by the City.
After an employee exhausts Injury Service Connected (ISC) benefits and is receiving workers'
compensation 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 leave. Once an employee runs out of leave accruals and is still
unable to return to work, 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.
Reopener
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 Patient
Protection and Affordable Care Act(PPACA).
•
Section 8.22 Essential Personnel(Hurricane Pay).When the City declares an emergency due to a
named hurricane and other events and non-essential personnel employees are advised to stay home
with pay and essential personnel employees are ordered to work,essential personnel employees shall
be paid at the rate of one and one-half of their straight hourly wages for all hours worked for up to three
(3)days.
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Section 8.23 Landfall Team. Bargaining Unit employees designated to be part of the Landfall Team
(designated Landfall Team Members)shall be on a voluntary basis only starting with the most senior
person in the same division. There will be a list published by May 1st of each year, according to
seniority (updated monthly and/or accordingly). Designated Landfall Team Members shall be
compensated at a pay rate of one and one-half of the employee's hourly rate of pay for all hours worked
plus one(1) hour of Administrative Hurricane Pay for each of the first eight(8) hours worked for up to
three (3) consecutive days. Designated Landfall Team Members shall only qualify for the pay if the
Landfall Team is activated by the City's Emergency Operations Center (EOC). Landfall Team
Members who report to duty will be paid for the duration of the Landfall Team activation for actual hours
worked. During a weather-related emergency event, if a designated Landfall Team Member fails to
report for duty during their regularly scheduled shift,where non-designated employees are directed to
stay home, said employee will be deemed non-essential and will be compensated "Administrative
Hurricane Pay" for those hours that the employee had been regularly scheduled. Administrative
Hurricane Pay is compensated at a rate equal to an employee's hourly rate of pay, and is not to be
confused with Essential Personnel (Hurricane Pay) as denoted in Section 8.22. Should a designated
Landfall Team Member work in excess of forty(40)hours during their regularly scheduled work-week,
said employee will be compensated at a rate of time and one-half their regular hourly rate for those
hours worked above forty(40)hours in accordance with the Fair Labor Standards Act. The City and the
Union agree that this compensation may or may not reflect the City's traditional payroll codes,however,
the compensation on the employee's paystub will reflect the time and one-half rate for all hours worked
in excess of forty(40)by the employee during their regularly scheduled workweek. Employees shall not
receive pay for both Essential Personnel (Hurricane Pay) (as described in Section 8.22) and Landfall
Team.
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Designated Landfall Team Members shall be allowed up to four(4)hours to secure personal property
prior to a weather-related emergency event. During the weather-related emergency event, the City
shall provide designated Landfall Team Members with food, weather gear, and shelter rated to
withstand a category five (5) storm. Designated Landfall Team Members shall be required to seek
shelter when winds exceed 40 miles per hour.
The Landfall Team shall not erode the bargaining unit.
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ARTICLE 9
SENIORITY
Section 9.1 Definition. Seniority for purposes of application of this Agreement except as otherwise
stated, is an employee's length of regular, full time continuous service with the City.
Section 9.2 Layoffs. When there is a reduction in force in any job classification (including those
resulting from a consolidation or elimination),employees will be laid off in the following order,and such
layoffs shall not have the effect of reducing the City's efforts to diversify the workforce:
a) Employees in the affected classification who have not completed their working test period
(probationary period)will be the first reduced.
b) In the event of further reductions in force,employees will be reduced from the classification
in accordance with their seniority and their ability to perform the work available. When two
or more employees have equal skill, ability and qualifications, the employee(s)with the
least seniority will be the first laid off.
A non-probationary employee reduced from a job-classification under(b)above may be transferred by
the City to another position of equal rate, or failing such transfer, he/she may exercise seniority to
replace the least senior employee in a lower rated job classification covered by this Contract where the
employee has equal skill, ability, and qualifications to perform the work; provided that the replacing
employee will be given an opportunity to become familiar with the work, receive basic instruction
concerning the work, and orientation on the operation of equipment, if any.
Section 9.3 Recalls. When there is a recall, employees on layoff with seniority will be recalled in
inverse order to their layoff, provided they are presently qualified to perform the work in the
classification to which they are recalled. No new employees shall be hired into a classification from
which employees have been laid off and remain on layoff status until such laid off employees are
offered recall in accordance with Civil Service Rules, which shall govern for recall purposes.
Employees shall not be transferred into or assigned to work out of class in a classification from which
any employees have been laid off and remain on layoff status, except on a temporary basis not to
exceed a total of ninety(90)calendar days in a six-month period.
Section 9.4 Break in Seniority. Seniority and the employment relationship shall be terminated when a
non-probationary employee:
a) quits voluntarily.
b) is laid off for more than one(1)year,or the employee's length of service,whichever is greater, up
to a maximum of two (2) years.
c) is terminated for cause.
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d) retires or is retired.
e) fails to return to work at the expiration of any approved leave of absence.
f) fails to report to work within five (5)workdays after date of written notice of recall to work after a
layoff given by the City by certified or registered mail and addressed to the employee at his/her last
address appearing on the records of the City. It shall be the employee's responsibility to provide
the City with his/her current address.
g) an employee absent for a period of three(3)work days without notification of a valid reason to the
management of his/her department, and who has no legitimate reason for not notifying the
management of his/her department shall be considered as having resigned.
Section 9.5 Seniority Lists. Every six(6)months,the City shall post and/or provide for posting on the
Bulletin Boards described in Article X,a seniority list showing the continuous service of each employee
covered by this Contract and will also provide the Union with a list of new hires and terminations within
the bargaining unit during the prior six(6)months. A copy of the seniority list shall be furnished to the
Union. The seniority dates and rankings shall be deemed correct unless errors are brought to the
attention of the City within thirty(30) days following any posting.
Section 9.6 Union Officer Continuation of Duties. Except as otherwise provided by law, the
following Union officers, for the purpose of determining the order of layoff or transfer in lieu of layoff,
shall have top seniority within the bargaining unit: President, Vice-President, Secretary-Treasurer,
Recording Secretary and Chief Steward.
Section 9.7 Promotions. The term promotion as used in this Contract,means the advancement of an
employee to a higher paying classification. Whenever a bargaining unit job opening occurs,other than
a temporary opening, in any existing job classification or as the result of the development or
establishment of a new job classification,a notice of such opening shall be posted on all bulletin boards
for two (2)weeks.
During this period, eligible and qualified employees who wish to apply for the open bargaining unit
position or job after it has been announced, may do so. The application shall be in writing,and it shall
be submitted to the Human Resources Department.
If there is more than one (1)employee who is qualified for promotion to a job classification in a work
section for which no Civil Service examination is required by the Personnel Board,seniority shall be the
determining factor where two (2) or more employees within the same work section have equal skill,
•
ability, and qualifications.
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Section 9.8 Demotions. The term demotion, as used in this Contract, means reassignment from a
position in a higher classification to a position in a lower classification. Demotions may be made to
avoid laying off employees, to provide employees with the opportunity to request changes to lower
grades for personal convenience, disciplinary reasons, or when an employee is unable to perform
satisfactorily the duties of his/her position.
Section 9.9 Preference for Out-of-Class Assignments. Employees who have been previously
permanently classified with regular status in a higher rated classification and who have been displaced
due to a layoff from that classification but remain in the same division, shall have a preference for any
out-of-class assignments to that classification for as long as he/she has recall rights to that
classification.
Section 9.10 Shift Preference. By August 1st of each year,the City will allow employees to file for shift
preference(days off and start/end time). Shift Preference forms shall be filed eight(8)weeks prior to
the October 1st effective start date of new shift assignments each year. The City shall make
assignments to shifts using the Shift Preference forms for employees in the same job classification,
within the same work section within a division.Assignments to shifts shall be based on seniority, skill,
ability and past performance. If skill, ability and past performance among the persons seeking the
reassignment are equal,seniority shall govern. In the event that management determines that granting
the reassignment would provide unbalanced shifts or result in inexperienced persons or shifts without
proper or sufficient supervision,then the shift preference shall not be granted. Shift preference forms
will be valid for twelve (12)months from the filing date.
An employee who wishes to grieve the implementation of this provision of the contract may elect to
bypass Steps 1 and Steps 2 of the Grievance Procedure.
If a vacancy occurs after the effective start date, previously filed shift preference forms will be used to
assign a shift in a job classification which operates on more than one shift in a work section within a
division.Assignments to shifts shall be based on seniority, skill, ability and past performance. If skill,
ability and past performance among the persons seeking the reassignment is equal, seniority shall
govern. In the event that management determines that granting the reassignment would provide
unbalanced shifts or result in inexperienced persons or shifts without proper or sufficient supervision,
then the shift preference shall not be granted.
•
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Section 9.11 Temporary Employees. The City shall have the right to hire up to fifteen(15)temporary
employees in any bargaining unit position. Such temporary employees shall be paid at the entry level
step for the classification they fill.The City may exceed the cap on the number of temporary employees
hired in any bargaining unit position by the number of unused temporary positions from any combination
of other bargaining unit positions.
Such temporary employees so hired may not exceed one(1)year of employment. Further,temporary
employees may not work in a classification wherein a permanent Civil Service employee is laid off.
The City recognizes the integrity of the certified bargaining unit and will not use the temporary
appointment for the purpose of eroding the bargaining unit. Temporary employees will not be covered
by Civil Service or this Agreement except as specified herein.
Temporary employees will not receive any pension or fringe benefits,and they shall serve at the will of
the employer. Temporary employees may make application for bargaining unit jobs as permanent
vacancies are filled.
Section 9.12 Vacations and Emergencies.
a) When vacations are scheduled, permanent vacancies or shifts are filled, promotions are made to
a position within the bargaining unit, seniority shall apply when all other factors are equal,
b) Seniority will not apply in an emergency situation_
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ARTICLE 10
GENERAL PROVISIONS
Section 10.1 Work Rules and Incorporation of Personnel Rules. The City will provide the Union
with a copy of any written work rules affecting employees covered by this Contract that are instituted or
modified during the term of this Contract. The Union will be provided with an opportunity to discuss any
change in a work rule,and its impact prior to implementation of the change. The current work rules will
continue to be enforced, however,the Union will be provided with the opportunity to suggest changes or
alternatives to the existing rules. The Personnel Rules are incorporated herein, unless otherwise
specifically provided for in this Agreement.
Section 10.2 Clean-up Time. When necessary at the end of the shift,employees shall be allowed up
to fifteen(15)minutes clean-up time to include personal and work area cleanup time. Where facilities
are provided, they shall be properly supplied.
Section 10.3 Safety.
a) The City agrees to comply with all laws applicable to its operations concerning the health and safety
of the employees covered by this Contract. Each employee covered by this Contract will be
required to comply with all safety and health rules and regulations established by the City. Each
employee shall be given a copy of any written safety rules. In case a claim of an imminent unsafe
condition which poses an immediate threat of loss of life or bodily harm, a Union Safety
Representative shall be entitled to present such complaints and/or claims to the supervisor of the
area in question or to the City Manager's designee. The City shall hold two(2)safety meetings per
year in the departments for all employees to further safety on the job.
b) When weather and operational conditions permit,employees may be permitted to ride on the rear
of work vehicles provided such transportation is safe and the employees are seated securely.
Management has the right to eliminate such transportation if, in the discretion of Management,
such seating and/or transportation is unsafe. When weather conditions are such that continual,
heavy rain, severe lightning or heavy wind storms are occurring in the immediate work area, the
employees will not ride in the back of an open vehicle.
c) During continual,heavy rain(downpour)or severe lightning storms,employees will take shelter or
they will be directed to other work or training, so as to not be exposed to the severe lightning or
heavy rain storms.
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Section 10.4 Safety Glasses. If an employee requires prescription glasses to perform work and the
hazards of his/her job are such that special safety glasses are necessary to ensure safe working
conditions, the City will provide them. Such requests shall be subject to the approval of Risk
• Management.
Section 10.5 Safety Equipment. The City will periodically issue certain safety equipment(including
but not limited to a safety vest, a hard hat, safety glasses, hearing protection,chaps, shin guards,etc.)
to each employee who must use such safety equipment while performing their duties as determined by
the City's Risk Management Department. Safety equipment damaged through non-negligent use at
work must be returned to the City for replacement at no charge. However, the employee will be
charged for any additional safety equipment to replace lost, misplaced, mistreated, and/or stolen
equipment. Employees who are issued safety equipment by the City must wear that safety equipment
as part of their uniform during all working hours when such safety equipment is necessary, and will be
subject to progressive discipline each time that the employee reports to work or a job site without the
required safety equipment. Action taken against the employee under this Section shall be appealable
up to Step 3 of the Grievance Procedure. The City Manager's designee for Labor Relations shall
review any questions on the interpretation of this paragraph.
Section 10.6 Emergency Medical Attention. The City agrees to place first aid kits at various work
locations throughout the City. Furthermore,when emergency medical attention is necessary on the job,
the City will arrange for expeditious transportation of the employee to a medical treatment facility.
Section 10.7 Transportation of Employees. The City agrees that whenever employees must be
transported from an assembly point to a work site or from one work site to another, during inclement
weather, such as rain or cold, the means of transportation will be by an enclosed vehicle, wherever
possible, except in extenuating circumstances.
Section 10.8 Transfer. Transfer requested by employees to positions in the same classification or pay
range within the City's employ may be affected in accordance with the Personnel Rules. The City shall
make reasonable efforts to find suitable work for employees who suffer a physical ailment, injury or
disability.
Section 10.9 Civic Duty. Employees required to appear before a court of law or other public body on
matters not related to their work,in which they are not personally involved(as plaintiff or defendant)and
employees elected or appointed to any political or legislative position who request a leave of absence to
perform their civic duty, shall be granted a leave of absence in accordance with the Personnel Rules.
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Section 10.10 Unpaid Leaves. Leaves of absence for a limited period, not to exceed six (6)months,
may be granted for any reasonable purpose in accordance with the Personnel Rules and such leaves
may be extended or renewed at the employee's request and upon agreement by the City.
Leaves of absence for up to six(6) months shall be granted to accept appointment to office within the
Union or employment within the Union.
Section 10.11 Negotiation Pay. Up to four(4)members of the Union's Negotiating Committee,during
negotiations for a successor collective bargaining agreement, shall be paid for all time spent in
negotiations which would otherwise have been time worked by the member of the Negotiating
Committee. Negotiating time beyond the normal work hours or beyond an employee's scheduled
workday or workweek shall not be considered as time worked for the City.
Section 10.12 Contracting and Subcontracting.
a) When the City contemplates entering into a contract with an outside supplier or service agency to
perform services presently being performed by the Bargaining Unit employees and such contract
shall result in the lay-off of any bargaining unit employee, the City agrees that it will, upon written
request, meet and discuss with the representatives of the Union the effect of such contract upon
members of the Bargaining Unit.
If the City enters into such a Contract and,as a result thereof, an employee will be laid off,the City
agrees to ask the Contractor to provide first consideration for such employee for any available
work.
In the event that the employee is not employed by the Contractor,the City will offer such employee
another available job with the City,if there is a budgeted vacancy and the employee affected by the
subcontracting is qualified to perform. Questions of qualification to perform the job duties shall be
decided in the sole discretion of the City Manager's designee for Human Resources.
If there are no jobs available, the Reduction in Force provision contained in this Agreement shall
apply, provided that such laid-off employee shall be recalled to work before the City hires a new,
permanent employee to perform the work of the classification held by the employee at the time of
the layoff.
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This recall right shall exist for up to the individual's total service time with the City, but not to exceed
two(2)years after the date of the person's layoff date, but such recall right shall cease as of two(2)
years after layoff, or if the employee does not return to work as scheduled if he/she is offered a
recall notice prior to the two (2)years.
It shall be the responsibility of the laid-off employee to notify the Human Resources Department
when technical skills,training, and experience have been enhanced during the lay-off period,which
may allow the individual to apply for another bargaining unit job with the City.
Nothing in this Section will be construed to limit the Union's right to bargain concerning the
identified impact or effects of subcontracting out or transferring upon Bargaining Unit members.
b) At least thirty(30)days prior to making a decision to subcontract or contract out a function being
performed by bargaining unit employees, management will notify the bargaining unit. If the
bargaining unit so request in writing within 10 days of notification, management shall convene a
Labor Management conference conducted by the Human Resources Department to discuss.
Section 10.13 Sick and Vacation Leave Accrual and Maximum Payment on Termination. The
present policy concerning sick leave, including the policy for payment of accrued sick and vacation time
combined, up to a maximum of one year's salary, upon termination,retirement,or death,shall continue
for all employees hired before October 1, 1978.
The annual and sick leave accrual rate is subject to the City of Miami Beach Classified Employees'
Leave Ordinance.
Regular full-time employees with less than ten (10)years of service shall accrue 96 hours of annual
leave and 96 hours of sick leave, prorated bi-weekly,each payroll year. A payroll year is defined as the
first through the last pay period of each calendar year.
Regular employees with more than ten(10)but less than twenty(20)years of service shall accrue 136
hours of annual leave and 96 hours of sick leave, prorated bi-weekly, per payroll year upon completion
of ten (10)years of employment.
Regular employees with more than twenty(20)years of service shall accrue 176 hours of annual leave
per year and 96 hours of sick leave,prorated bi-weekly, per payroll year upon completion of twenty(20)
years of employment.
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All employees covered by the agreement shall,under applicable ordinances, rules and regulations shall
be allowed to accumulate no more than 500 hours of vacation leave per payroll year. At time of
termination, death, or retirement, all employees covered by this agreement shall be permitted a
maximum payment of 620 hours vacation leave. In addition to vacation leave, all employees covered
by the agreement shall be permitted a maximum payment at time of termination,death,or retirement of
one-half (50%) of accumulated sick leave to a maximum of 600 hours of sick leave. All employees
covered by the agreement shall be permitted to transfer sick leave in excess of 360 hours to vacation
leave at the rate of two(2)days of sick leave to one(1)day vacation leave to be used in the pay period
year when transferred.
The "must use"accrual on vacation leave from one payroll year to the next is 500 hours.
Section 10.14 Perfect Attendance Bonus. Employees who perform the full scope of their regularly
assigned classification for each calendar year shall receive a lump sum bonus of$390400.00 (non-
pensionable earnings)provided that they have not used sick leave,or been absent for any reason that
was not authorized at least 48 hours in advance.An employee will also be allowed two(2)incidents of
tardiness and one (1) emergency vacation. Employees out on ISC will not be eligible for the perfect
attendance bonus.
Section 10.15 Changes in Job Specifications and New Classifications. Changes in existing
specifications or the creation of new classifications shall be submitted for review and comment by the
Union prior to implementation or submission to the Personnel Board.
Section 10.16 Opportunity for Advancement. To the extent that funds and personnel are available,
the City is committed to facilitating the efforts of employees, through training, to increase their
efficiency, broaden their knowledge, and become more effective in performing their duties in order to
enhance their opportunity for promotion.
Section 10.17 Union Conventions. Up to a maximum of three-four(34)delegates of the Union will be
permitted to annually use a pool of paid time-off, not to exceed a total of ten (10)working days in any
one fiscal year,for the purpose of attending State and International conventions. The Union will provide
the City with the name(s)of the delegate(s)selected to use the Convention time-off under this section
and the Union must provide the dates and locations of any such conventions for which a leave of
absence under this section is requested at least six(6)weeks in advance of the convention so that the
department can make appropriate arrangements. Requests for use of this paid leave may be denied if
the time off will create any scheduling or manpower problems. In addition,up to five(5)duly authorized
delegates of the Union may request a leave of absence without pay, not to exceed three(3)weeks per
delegate in any one year and no more than two (2) weeks at a time, for the purpose of attending
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conventions and training seminars of the Union. Requests for this unpaid leave shall be submitted at
least one month prior to commencement of the leave and said requests will not be unreasonably
denied.
Section 10.18 Educational Leave. An employee may request an educational leave of absence
without pay to take a course or courses in a field related to the work assignment or career ladder
direction of said employee. •- _' - _ -. .e- - _ _ _ _- _ _ __ _ _ _ •- - _
this Contract. Upon ratification of this Agreement,employees covered by the bargaining unit are eligible
for the tuition assistance program set forth in Resolution No. 2015-28891, adopted January 14, 2015,
which provides the following levels of benefit:
Six Credit hours per semester for a total of twelve credits per calendar year will be reimbursed, as
follows:
• Approved undergraduate, community college courses and non-credit/certificate
courses will be 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%for courses in which the employee earns a C
• Approved graduate courses will be 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
The levels of benefit identified above may be subject to change by the City Commission,but in no event
shall be less than the levels of benefit identified below:
One course per semester/trimester/quarter equivalent to three credits for a total of twelve credits per
calendar year will be reimbursed, as follows:
• Approved undergraduate community college courses and non-credit/certificate courses will be
reimbursed at an amount not exceeding $158.25
• Approved undergraduate university courses will be reimbursed at an amount not exceeding
$251.16
• Approved graduate courses will be reimbursed at an amount not exceeding $531.15
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Section 10.19 Meetings Leave. The Union shall have the right to designate one (1) representative,
authorized with pay for time he/she would have otherwise been working,to attend any formal meetings
and/or hearings of any sub-divisions of the governing bodies of the City, including City Commission
meetings, when a matter relating to the Union is on the agenda for such meeting and if prior notice to
the representative's supervisor has been given.
Section 10.20 Union Bulletin Boards. The City will make available one(1)enclosed bulletin board for
the posting of official Union notices at each of the following locations,and the Union will limit the posting
of Union notices to such bulletin boards:
1) Public Works Operations -451 Dade Boulevard
2) Sanitation - 140 MacArthur Causeway
3) Fleet Management- 140 MacArthur Causeway
4) Parks Maintenance Division - 2100 Meridian Avenue
5) Fire Department Service Area
6) Meter Parking— 1837 Bay Road
7) City Police Station
8) City Hall
9) Recreation Centers (provided AFSCME pays the cost of the new board(s)):
a. Teen Center—2100 Washington Avenue
b. Flamingo Park & 11th Street at Jefferson Avenue—Tennis Courts and Swimming Pool
c. Muss Park—4400 Chase Avenue
d. Normandy Isle Park and Swimming Pool (Afterschool Programs)—7030 Trouville
Esplanade
e. North Shore Park Youth Center— 501 72nd Street
f. Polo Park (Sport Camp)—4301 N. Michigan Street
g. Scott Rakow Youth Center— Ice Rink and Swimming Pool—2700 Sheridan Avenue
h. South Point Park (Fishing and Water Camps)— 1 Washington Avenue
i. Stillwater Park (Outdoor rentals)—8440 Hawthorne Avenue
Section 10.21 Labor Management Committee. In order to strengthen the parties'labor-management
relations,the AFSCME agrees to participate with the City in labor-management committees to address
the issues in Departments. Such committees may be requested by the AFSCME or by the City
(through the City Manager, Department Directors, or designees)to meet at mutually accepted times.
The parties agree that uniforms will be discussed through such Labor Management Committees. The
City and Union agree to discuss heat index mitigation measures at labor-management meetings.
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Section 10.22 Me Too and Re-openers. The AFSCME reserves the right to a "Me too" agreement
with the CWA and GSA bargaining units on parallel economic issues including but not limited to wages,
COLA and pension should the City modify those collective bargaining agreements. Any such
discussions shall not exceed a period of ninety(90)days from the day of the first meeting, and in no
event shall the discussions continue beyond the contract expiration date.
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Page 77 of 104
•
ARTICLE 11
DRUG AND ALCOHOL TESTING
Section 11.1. The City and the Union 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 to the general public at large. Therefore, it is in the best interest of the parties
to negotiate over the subject of drug and alcohol testing, and reasonable suspicion testing.
Section 11.2. Using, selling, possessing or being under the influence of illegal drugs while on or off
tends to have an effect upon } b functions-
controlled substances is prohibited.
providing the Medical Review Officer(MRO)with the prey_ _ _ __ _ -- - .-e - _ -
shall not be accepted.
The City's current 10 panel drug test and cut off level are as follows:
tJcug Ini`i'*r.rctal Teci
Level Test Level
Amp es 4-000- 1 500 ng/ml
Barbiturates 300 ng/ml 150 ng/ml
Benzodiazepinos -300-ng/ml 150 ng/ml
Cocaine metabolites 300-ng/ml 150 ng/ml
50 ng/ml 15 ng/mI
Methadone 300-ng/ml 400-1491.14
Methaqualene 300-ng/ai-1 150 ng/ml
Opiates 2000--nglnal mI
Phencyclidine 25 ng/ml 25 ng/ml
Preen 300 ng/ml 150 ng/ml
Section 11.3. Tho City Manager,Assistant City Manager, department director or, in his absence,the
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and/or whon an omployoo has caused, contributod to or boon involvod in an accidont (i.o., whilo
operating a City vehicle whether on duty or off duty).
Reasonable suspicion testing may include but is not limited to:
• Observable phenomena while at work, such as a direct observation of drug or alcohol use or
the-ph-y-s+sat-sympkam-s-or manifestatie• e e•••• .•e- •- - .-•-- e--a-drug--or alsehoi;
• Incoherent or irrational mental state;
involved in alcohol or illegal drug use;
• Other employee actions or conduct that lead to a suspicion to believe the employee is under
• Excessive work related accidents, whether or not they result in injury to self or others;
• Patterns in absenteeism for which there is no other discernible reason;
• Evidence that an employee has used, possessed, cold, solicited, or transferred drugs or
If a test result for a controlled substance is positive, the employee shall be solely responsible for
Section 11.4. In the event a urine specimen is tested as positive, a portion of that sample will be
subjected to a second test at the employee's request and at the employee's expense. If the second
test is negative, the employco will be reimbursed by the City.
any, it dooms appropriato. In tho evont that said action is in the form of discipline, the employee may
Section 11.6. The parties agree that an employee's refusal to submit ("refusal to submit" includes
including dismissal.
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Section 11.7 Druq/Alcohol Random Testing_ It is important to the safety and welfare of employees
and the public that bargaining unit members not be impaired by alcohol while on duty nor use
drugs. To demonstrate the commitment of the City and the Union to this notion, employees will be
subject to random testing. Employees will be chosen from a blind list by the Human Resources
Department or its designee. Those employees who have a CDL license and are in the CDL Drug
Testing Pool will not be part of the AFSCME Drug/Alcohol Testing Pool since the employees who hold a
GBL license arc alr ae •_ ..e_ • . - • eth- _ e , __ e. c. ring unit employees
- - -- •- _e P..•::-- -- - e •e_ a .- • - e. -- ' - .••Drug/Alcohol Testing Pool.
testing shall be administered to test for alcohol.
In the case of a random drug test, the following conditions will be applicable:
(a) Urine specimens shall be tested by the certified laboratory used by the City's drug
testing facility.
(b) A split specimen of the urine sample shall be obtained in accordance with Title 19
and at the employee's expense. The split specimen shall be tested at a second
facility.
(c) If the split specimen test is negative,tho positive result is cancelled and tho omployoo
will be reimbursed by the City for the cost of the split specimen testing.
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Section 11.8 Last Chance Agreement. Employees testing positive may be offered the opportunity to•a Last Cha--- .e --••-• ..•. - t positive shall be terminated fr-em—e pleyn e#with the City and-this
is not gricvablc under the grievance procedure. Employees may be given no more than one(1)chance
a) All employees are subject to random, unannounced testing for use of substances as set forth
below. The use of legal controlled substances is permitted only when prescribed to the
employee by a licensed health care provider and is properly used by the employee.
b) Upon reasonable suspicion by a division director,or higher,that an employee has used a drug
as defined in Florida Statutes Section 440.102(1)(c), as that section may be amended or
renumbered, and as listed herein; or has used alcohol in violation of any rule, order, policy,
or procedure, o law; or has used a legal controlled substance to the extent that his or her job
performance is affected, shall be directed and required to submit to drug and alcohol testing.
Any employee who has been in a vehicle crash with injuries and any employee returning to
work after an absence of three months or more shall be required to submit to drug and alcohol
testing prior to returning to duty.
c) All reasonable suspicion and post accident tests must be coordinated through the Assistant
Human Resources Director for Labor and Employee Relations who is available 24/7 for this
specific function. In his or her absence, the Risk Manager is the next person to contact. If
both are unavailable,the Human Resources Director will assume responsibility for coordinating
efforts.
d) Testing is subject to the following conditions:
1. An accredited, State licensed clinical testing laboratory will be selected by the City.A
split specimen will be taken. If the results are positive, and the employee challenges
the results, the second portion of the split specimen will be tested at another
accredited, State licensed clinical laboratory of the employee's choice and at the
employee's expense. One portion will be tested by each laboratory. All positive tests
for illegal or controlled substances shall be confirmed by Gas Chromatography Mass
Spectrometry(GC/MS)or equivalent testing method.
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2. Testing for alcohol shall be by breath-testing unless the employee is or claims to be
unable to provide an adequate sample. In such a case, a blood test will be performed.
If the employee's breath test is positive, a confirmation blood test will be performed.
3. A breath alcohol level of 0.04 or higher and its equivalent blood test outcome shall
constitute a positive result. Below are some of the substances tested for. The list is
not all-inclusive and may be changed at any time by the City.
4. In all cases, the employee shall fully cooperate with testing, including executing any
release or authorization necessary for tests or disclosures and including providing
multiple specimens if needed.
Drug Initial Test Level GC/MS Confirmation
Test Level
Amphetamine 1000 ng/ml 500 ng/ml
Barbiturates 300 nq/ml 150 nq/ml
Benzodiazepines 300 nq/ml 150 nq/ml
Cocaine metabolites 300 nq/ml 150 nq/ml
Marijuana metabolites 50 nq/ml 15 ng/ml
Methadone 300 ng/ml 150 ng/ml
Methaqualone 300 nq/ml 150 nq/ml
Methylenedioxyamphetamine 500 nq/ml 250 nq/ml
(MDA)Analogues
Opiates 2000 nq/ml 2000 nq/ml
Phencyclidine 25 ng/ml 25 nq/ml
Propoxyphene 300 ng/ml 150 nq/ml
5. Any positive test or any refusal to submit to testing or to cooperate with testing,(which
includes adulterating a specimen or submitting a false specimen)including executing
releases or authorizations and providing multiple specimens if needed,is grounds for
immediate termination of employment.
e) This Article supersedes any agreement, memorandum of understanding, rule, procedure, or
order to the extent of any conflict therewith.
f) Employees who have a CDL license and are in the CDL random drug testing pool will not be
part of the AFSCME drug testing pool.
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Last Chance Agreement.
Employees testing positive may be offered the opportunity to enter into a "Last Chance Agreement"to
continue their employment. Offering an employee a Last Chance Agreement in no way precludes the
City from taking concurrent disciplinary action. The Agreement shall require participation in a
rehabilitation program, unannounced follow-up testing for a period of two (2) years and such other
requirements as set forth by the City. The City reserves the right to terminate an employee without
providing him/her with a Last Chance Agreement. Employees under a Last Chance Agreement who
test positive shall be terminated from employment with the City and this is not grievable under the
grievance procedure. Employees may be given no more than one (1) chance for substance abuse
rehabilitation during employment with the City.
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ARTICLE 12
CONDUCT AND PERFORMANCE EXPECTATIONS
After completion of impact bargaining, the City will provide for a combined attendance track, which is
inclusive of but not limited to absenteeism, tardiness, AWOL, and failure to clock in/out. Further,
providing the city the ability to consider other conduct and performance deficiencies, depending on
severity, when issuing discipline. The City shall draft revised work rules.
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•
ARTICLE 13
MOUs AND SIDE AGREEMENTS
Effective upon ratification of this Agreement by the parties, all previously existing MOUs and side
agreements are null and void, except for those attached hereto and incorporated herein as Appendix
"A." specifically:
• Memorandum of Understanding provided for a Deferred Retirement Option Plan
(DROP)for all employees in AFSCME; executed on December 18, 2008,
• Memorandum of Understanding providing for employees to file for Shift Preference,for
the 2011 year only, by August 8, 2011; consequently, the effective start date of the
new shift assignments,for the 2011 year only,was October 8,2011;executed on July
29, 2011.
• Memorandum of Understanding providing to settle Labor Relations Grievance#07/08-
15 (AFSCME Grievance #890) which concerns compensation for the City's Landfall
Team during certain weather-related emergency events; executed on November 6,
2008.
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ARTICLE 14
TEMPORARY VEHICLE ASSIGNMENT
The City shall provide temporary vehicle assignments for Union business related travel within the
City of Miami Beach at the City's sole discretion and provided a vehicle is available.
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ARTICLE 4-215
SAVINGS
In the event any article, section,or portion of this Contract should be held invalid and unenforceable by
any court or higher authority of competent jurisdiction, such decision shall apply only to the specific
article,section,or portion thereof specified in the decision,and upon issuance of such decision,the City
and the Union agree to immediately negotiate a substitute for the invalidated article, section,or portion
thereof.
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ARTICLE 4-316
ENTIRE CONTRACT
The parties acknowledge that during the negotiations which resulted in this Contract,each had the right
and opportunity to make demands and proposals with respect to any subject or matter not removed by
law from the area of collective bargaining, and that the understandings and agreements arrived at by
the parties after the exercise of that right and opportunity are set forth in this Contract. Therefore, the
City and the Union,for the duration of this Contract,each voluntarily and unqualifiedly waives the right,
and each agrees that the other shall not be obligated to bargain collectively with respect to any subject
or matter referred to, or covered or not referred to or covered in this Contract.
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ARTICLE 4417
TERM OF CONTRACT
This Contract shall be effective as of date of ratification,and shall remain in full force and effect through
the 30th day of April,241-62019.
It shall automatically be renewed from year to year thereafter unless either party shall notify the other in
writing one hundred twenty (120) days prior to the anniversary date that it desires to modify this
Contract.
Any such notification of a desire to open negotiations shall include specific articles proposed for
renegotiations, and only such articles shall be mandatorily negotiated.
This Contract shall remain in full force and effect during the period of negotiations, unless either party
gives the other party at least ten (10) days written notice of its desire to terminate this Contract.
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Executed by the parties hereto on the day of 20142016, by the Mayor
and City Clerk.
AMERICAN FEDERATION OF STATE, CITY OF MIAMI BEACH, FLORIDA
COUNTY AND MUNICIPAL EMPLOYEES,
LOCAL 1554 (AFSCME)
•
By: By:
Norman Herdocia Jimmy L. Morales
Regional Director City Manager
•
By:
Pcrmon TorryCarlos George
AFSCME, Local 1554 President
By:
Bertran Walthour
AFSCME, Local 1554 Vice President
•
By:
Joseph Simmons
AFSCME, Local 1554 Treasurer
Bv:
Malcolm Cobb
AFSCMELocal 1554 Secretary
Approved by Vote of the City Commission
2016.April 23, 2011.
Philip Levine
Mayor
Attest:
Rafael E. Granado
City Clerk
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AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES
AFSCME LOCAL 1554
ELECTION OF REMEDY FORM
Grievance No. (if applicable)
This form must be completed and signed prior to the second step of the grievance procedure,or at the
time when appeal to the Hearing Examiner is filed.
Employee must elect, sign, and date only one of the two following choices:
1. I/We elect to utilize the Grievance Procedure contained in the current
Contract between the City of Miami Beach, Florida, and AFSCME
Local 1554. Except as provided in number two(#2)below the Union
has the exclusive right to represent all employees and to control the
submission of grievances to arbitration.
Signature Date
2. I/We elect to utilize another forum for my/our grievance,and in doing
so, I/we permanently waive my/our contractual right to the Grievance
Procedure contained in the current Labor Contract between the City
of Miami Beach, Florida, and AFSCME Local 1554.
Signature Date
If Number 1 is elected, sign if you wish to authorize the following:
I/We hereby authorize AFSCME Local 1554 to process the attached grievance
on my/our behalf.
Signature Date
AFSCME 59
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Addendum: Hearing Examiner Rules
HEARING EXAMINER RULES
SECTION 1: REQUEST FOR HEARING: Any member of the bargaining unit may appeal from
disciplinary action within ten (10)days after the delivery or mailing to him/her of such
written notice, by filing a written request for a hearing with the Hearing Examiner to the
City Manager's designee for Labor Relations. If the tenth day falls on a Saturday or
Sunday, he/she will have the ability to file for an appeal on the following Monday.
SECTION 2: DISCIPLINARY HEARINGS:
(a) The City Manager's designee for Labor Relations not later than ten(10)days
after receipt of such appeal, shall fix a place and time for holding a public
hearing within a reasonable time thereafter. Written notice of such time and
place shall be delivered or mailed promptly to both the Appellant and the
Appointing Officer.
Only the Hearing Examiner may grant a continuance to either party for good
and sufficient cause. No continuance shall be granted to either party unless
such request for continuance is received in writing by the City Manager's
designee for Labor Relations at least ten (10) days prior to the date of said
scheduled hearing of appeal.
(b) The Hearing Examiner may, at the request of the Appointing Officer or the
Appellant, call or request any person or records for the purpose of
ascertaining the facts.
(c) The Appointing Officer or a representative designated by him/her,shall have
the right to be present at such hearing and to be represented by the City
Attorney.
(d) The Appellant shall have the right to be present at such hearing and to be
represented by an AFSCME bargaining agent or an attorney of his/her choice.
(e) The findings of the Hearing Examiner shall be based upon competent
substantial evidence of record.
(f) The Appointing Officer shall have the burden of presenting evidence to
support the truth of the charges as contained in the written notice.
(g) The Appellant shall have the right to present evidence to refute the charges
brought against him/her.
(h) The Appellant shall have the right to be confronted by his/her accuser,and the
Appellant and the Appointing Officer shall each have the right to cross-
exa mine the witnesses of the other.
(i) After both the Appointing Officer and the Appellant shall have presented their
testimony and evidence, the Hearing Examiner shall receive argument in
summation. The Appointing Officer shall have both the opening and closing
argument.
(j) After the completion of closing oral argument, the Hearing Examiner shall
consider the testimony and evidence presented before the Hearing Examiner
to determine the truth or untruth of the charges.
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(k) Within five (5)working days after the completion of the hearing, the Hearing
Examiner shall issue his or her findings as to the truth or untruth of the
charges in writing. The City Manager's designee for Labor Relations shall
promptly deliver or mail a copy of such findings to the Appointing Officer and
to the Appellant.
(I) A copy of the written statement given the officer or employee, a copy of any
reply thereto,and a copy of the findings of the Hearing Examiner shall be filed
as a Public Record in the Human Resources Department.
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EXHIBIT #2(B)
City of Miami Beach
AFSCME Bargaining Unit Pay Ranges
Effective upon ratification date of the 2013-2016 collective bargaining agreement
Includes 2% COLA effective April 1, 2014
(Based on 2009 Condrey&Associates Job Classification and Compensation Study,as amended)
Minimum Maximum
Range Hourly Bi-weekly Annual Hourly Bi-weekly Annual
04 $ 12.°973 $ 1,039.79 $ 27,034.47 $ 21.2603 $ 1,700.82 $ 44,221.36
05 $ 13.6553 $ 1,092.43 $ 28,403.10 $ 22.3366 $ 1,786.93 $ 46,460.06
06 $ 14.3466 $ 1,117.73 $ 29,810.99 $ 23.1671 $ 1,877.39 $ 18,812.10
07 $ 15.0729 $ 1,205.83 $ 31,351.70 $ 24.6551 $ 1,972.43 $ 51,283.22
08 $ 15.8360 $ 1,266.88 $ 32,938.88 $ 25.9036 $ 2,072.29 $ 53,879.43
09 $ 16.6377 $ 1,331.02 $ 34,606.41 $ 27.2149 $ 2,177.20 $ 56,607.08
10 $ 17.4800 $ 1,398.40 $ 36,368.35 $ 28.5927 $ 2,287.42 $ 59,472.81
11 $ 18.3649 $ 1,469.19 $ 38,199.00 $ 30.0402 $ 2,403.22 $ 62,483.62
12 $ 19.2946 $ 1,543.57 $ 40,132.83 $ 31.5610 $ 2,524.88 $ 65,646.85
13 $ 20.2711 $ 1,621.71 $ 42,164.55 $ 33.1588 $ 2,652.70 $ 68,970.23
14 $ 21.2977 $ 1,703.81 $ 44,299.13 $ 31.8371 $ 2,786.99 $ 72,161.84
15 $ 22.3759 $ 1,790.07 $ 46,541.77 $ 36.6011 $ 2,928.09 $ 76,130.23
Page 94 of 104
EXHIBIT#2(C)
City of Miami Beach
AFSCME Compensation and Classification Plan
Effective April 1, 2015 (Includes 1%COLA)
(Based on 2009 Condrey&Associates Job Classification and Compensation Study,as amended)
Minimum Maximum
Range Hourly Bi-weekly Annual Hourly Bi-weekly Annual
04 $ 13.1273 $ 1,050.19 $ 27,304.81 $ 21.4729 $ 1,717.83 $ 44,663.57
05 $ 13.7919 $ 1,103.35 $ 28,687.13 $ 22.5599 $ 1,804.79 $ 46,924.66
06 $ 14.4901 $ 1,159.21 $ 30,139.40 $ 23.7020 $ 1,896.16 $ 4r0,300.22
07 $ 15.2237 $ 1,217.89 $ 31,665.22 $ 24.9019 $ 1,902.16 $ 51,796.05
08 $ 15.9914 $ 1,279.55 $ 33,268.27 $ 26.1626 $ 2,093.01 $ 54,418.22
09 $ 16.8041 $ 1,344.33 $ 34,952.47 $ 27.4871 $ 2,198.97 $ 57,173.15
10 $ 17.6548 $ 1,412.38 $ 36,721.91 $-28,8-746 $ 2,310.29 $ 60,067.54
11 $ 18.5186 $--17483,8-8 $ 38,580.99 $ 30.3406 $ 2,427.25 $ 63,108.46
12 $ 19.4876 $ 1,559.01 $ 40,534.16 $ 31.8766 $ 2,550.13 $ 66,303.32
13 $ 20.4741 $ 1,637.93 $ 42,586.19 $ 33.1901. $ 2,679.23 $ 69,659.93
14 $ 21.5106 $ 1,720.85 $ 44,742.12 $ 35.1858 $ 2,814.86 $ 73,186.46
15 $-22,5996 $ 1,807.97 $ 47,007.19 $ 36.9671 $ 2,957.37 $ 76,891.53
Page 95 of 104
EXHIBIT#1 A
City of Miami Beach
AFSCME Compensation and Classification Plan
Effective First Pay Period Ending April of 2016 (Includes 1% COLA)
Minimum Maximum
Range Hourly. Bi-weekly Annual Hourly Bi-weekly Annual
04 $ 13.2586 $ 1,060.69 $ 27,577.86 $ 21.6876 $ 1,735.01 $ 45,110.21
05 $ 13.9298 $ 1,114.38 $ 28,973.99 $ 22.7855 $ 1,822.84 $ 47,393.91
06 $ 14.6350 $ 1,170.80 $ 30,440.80 $ 23.9390 $ 1,915.12 $ 49,793.22
07 $ 15.3759 $ 1,230.07 $ 31,981.87 $ 25.1510 $ 2,012.08 $ 52,314.01
08 $ 16.1543 $ 1,292.34 $ 33,600.95 $ 26.4242 $ 2,113.94 $ 54,962.40
09 $ 16.9721 $ 1,357.77 $ 35,301.99 $ 27.7620 $ 2,220.96 $ 57,744.88
10 $ 17.8313 $ 1,426.51 $ 37,089.16 $ 29.1674 $ 2,333.39 $ 60,668.22
11 $ 18.7340 $ 1,498.72 $ 38,966.80 $ 30.6440 $ 2,451.52 $ 63,739.54
12 $ 19.6868 $ 1,574.95 $ 40,948.59 $ 32.1954 $ 2,575.63 $ 66,966.35
13 $ 20.6789 $ 1,654.31 $ 43,012.05 $ 33.8253 $ 2,706.02 $ 70,356.53
14 $ 21.7257 $ 1,738.06 $ 45,189.54 $ 35.5377 $ 2,843.01 $ 73,918.32
15 $ 22.8256 $ 1,826.05 $ 47,477.26 $ 37.3368 $ 2,986.94 $ 77,660.45
Page 96 of 104
EXHIBIT#1 B
City of Miami Beach
AFSCME Compensation and Classification Plan
Effective First Pay Period Ending July of 2017 (Includes 3% COLA)
Minimum Maximum
Range Hourly Bi-weekly Annual Hourly Bi-weekly Annual
04 $ 13.6563 $ 1,092.51 $ 28,405.19 $ 22.3382 $ 1,787.06 $ 46,463.51
05 $ 14.3477 $ 1,147.82 $ 29,843.21 $ 23.4691 $ 1;877.53 $ 48,815.72
06 $ 15.0741 $ 1,205.92 $ 31,354.03 $ 24.6572 $ 1,972.58 $ 51,287.02
07 $ 15.8372 $ 1,266.97 $ 32,941.33 $ 25.9055 $ 2,072.44 $ 53,883.43
08 $ 16.6389 $ 1,331.11 $ 34,608.98 $ 27.2170 $ 2,177.36 $ 56,611.27
09 $ 17.4813 $ 1,398.50 $ 36,361.05 $ 28.5948 $ 2,287.59 $ 59,477.23
10 $ 18.3663 $ 1,469.30 $ 38,201.83 $ 30.0424 $ 2,403.39 $ 62,488.26
11 $ 19.2961 $ 1,543.68 $ 40,135.80 $ 31.5633 $ 2,525.07 $ 65,651.73
12 . $ 20.2774 $ 1,622.19 $ 42,177.05 $ 33.1612 $ 2,652.90 $ 68,975.34
13 $ 21.2992 $ 1,703.94 $ 44,302.41 $ 34.8400 $ 2,787.20 $ 72,467.23
14 $ 22.3775 $ 1,790.20 $ 46,545.23 $ 36.6038 $ 2,928.30 $ 76,135.87
15 $ 23.5104 $ 1,880.83 $ 48,901.58 $ 38.4569 $ 3,076.55 $ 79,990.26
Page 97 of 104
EXHIBIT #1 C
City of Miami Beach
AFSCME Compensation and Classification Plan
Effective First Pay Period Ending July of 2018 (Includes 3% COLA)
Minimum Maximum
Range Hourly Bi-weekly Annual Hourly Bi-weekly Annual
04 $ 14.0660 $ 1,125.28 $ 29,257.35 $ 23.0084 $ 1,840.67 $ 47,857.42
05 $ 14.7781 $ 1,182.25 $ 30,738.51 $ 24.1732 $ 1,933.85 $ 50,280.20
06 $ 15.5263 $ 1,242.10 $ 32,294.65 $ 25.3969 $ 2,031.76 $ 52,825.63
07 $ 16.3123 $ 1,304.98 $ 33,929.57 $ 26.6827 $ 2,134.61 $ 55,499.93
08 $ 17.1381 $ 1,371.05 $ 35,647.25 $ 28.0335 $ 2,242.68 $ 58,309.61
09 $ 18.0057 $ 1,440.46 $ 37,451.89 $ 29.4527 $ 2,356.21 $ 61,261.54
10 $ 18.9173 $ 1,513.38 $ 39,347.89 $ 30.9437 $ 2,475.50 $ 64,362.91
11 $ 19.8749 $ 1,590.00 $ 41,339.88 $ 32.5102 $ 2,600.82 $ 67,621.28
12 $ 20.8858 $ 1,670.86 $ 43,442.36 $ 34.1561 $ 2,732.48 $ 71,044.60
13 $ 21.9382 $ 1,755.06 $ 45,631.49 $ 35.8852 $ 2,870.82 $ 74,641.24
14 $ 23.0488 $ 1,843.91 $ 47,941.58 $ 37.7019 $ 3,016.15 $ 78,419.95
15 $ 24.2157 $ 1,937.26 $ 50,368.63 $ 39.6106 $ 3,168.85 $ 82,389.97
Page 98 of 104
a
Irvant
Attorneys at Law
S ua lk ust International Centel-
] SE 3rd Avenue
Suite 22.00
Olive ;Miami, FL 33131
Tel 305.374.7349
Fax 305.3 74.0895
October 20, 20]6
Mr. Jimmy L. Morales
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Re: City of Miami Beach and AFSCME
Collective Bargaining Agreement
May 1, 2016 —April 30, 2019.
Dear Mr. Morales:
As requested, I have reviewed the tentative collective bargaining agreement between the
City of Miami Beach and AFSCME for the period May 1, 2016 —April 30, 2019. Based on this
review, this is to notify you that 1 approve the agreement as to form and legality.
Very Truly Yours,
BRYANT MILLER OLIVE P.A.
James C. Crosland
cc: Donald M. Papy, Esquire
25181/001/011159648.DCXv1
Atlanta Jacksonville Miami CPdgela9 of 104Ta1lahassee Tampa a Washington, D.C.
FY 2015/16 FY 2016/17 FY 2017/18
1%COLA(04/1/16) $ 87,500 $ 175,000 $ 175,000
3%COLA(7/1/17) $ 135,000 $ 540,000
3%COLA(7/1/18) $ 140,000
Holiday leave as time worked $ 28,000 $ 28,000
Increase educational leave and tuition refund $ 22,000 $ 22,000
Tool allowance-$45 for Mechanic II&Ill and Fire Equipment Mechanic $ 1,690 $ 1,690
Hazard duty-$2 10/1/16 $ 10,000 $ 10,000
Skill pay supplement(2,500 one-time,non-pensionable) $ 30,000
Perfect attendance bonus($400 non-pensionable) $ 4,500 $ 4,500
AFSCME Out of class-$2 10/1/16 $ 27,000 $ 27,000
$ 87,500 $ 433,190 $ 948,190 $ 1,468,880
Impact of mortality rate changes on ARC $ 570,000
FY 2015/16 Merit Increase(2%) $ 205,000 $ 329,000 $ 329,000
FY 2016/17 Merit Increase(2%) $ 212,000 $ 339,000
FY 2017/18 Merit Increase(2%) $ 210,000
$ 205,000 $ 541,000 $ 1,448,000 $ 2,194,000
$ 292,500 $ 974,190 $ 2,396,190 $ 3,662,880
Note:The figures contained herein result from an order of magnitude analysis,and are therefore estimates
Page 100 of 104