Agreement with Communications Workers of America (CWA) 2_C t8 -33o3bs
AGREEMENT
Between
CITY OF MIAMI BEACH, FLORIDA
IS MIAMI BEACH
and
COMMUNICATIONS WORKERS OF AMERICA (CWA)
LOCAL 3178
'I CM/A J;
Period Covered
October 1st, 2015 to September 30, 2016
TABLE OF CONTENT
PAGE
AGREEMENT 1
PREAMBLE 2
ARTICLE 1 - Recognition
Section 1.1 Representation and Bargaining Unit 3
Section 1.2 Unit Description 3
Section 1.3 Job Classifications/Audits 4
ARTICLE 2 - Employee and Union Rights
Section 2.1 Employee Rights During Meetings or Interviews 5
Section 2.2 Notice of Disciplinary Action 5
Section 2.3 Retaliation for Exercising Rights 6
Section 2.4 Union Membership/Right of Union to Represent Only Members 7
Section 2.5 Access to Personnel Records 7
Section 2.6 Employee Bargaining Team 7
Section 2.7 Recording Devices 8
Section 2.8 Computerized Voice Stress Analysis Examinations & Psychological
Examinations 8
Section 2.9 Employee Examination Review 9
Section 2.10 Meeting Leave 9
Section 2.11 Information to be provided to Union by City 9
ARTICLE 3 - Deduction of Union Dues
Section 3.1 Check-off 10
Section 3.2 Indemnification 10
ARTICLE 4 - Grievance Procedure
Section 4.1 Purpose 11
Section 4.2 Definitions 11
Section 4.3 Special Provisions 12
Section 4.4 Grievances Involving Discipline 15
Section 4.5 Grievance Procedures 15
Section 4.6 Arbitration 17
Section 4.7 Differences Concerning Personnel Rules 18
Section 4.8 Union Time Bank 19
ARTICLE 5 - No Strike and No Lockout
Section 5.1 No Strike 20
Section 5.2 No Lockout 20
TABLE OF CONTENT, continued PAGE
ARTICLE 6- Management Rights 21
ARTICLE 7 - Hours of Work and Overtime
Section 7.1 Purpose 22
Section 7.2 Normal Workday 22
Section 7.3 Normal Workweek 22
Section 7.4 Overtime 22
Section 7.5 Distribution of Overtime Work 23
Section 7.6 Holiday Celebration and Pay for Working on Holiday 23
Section 7.7 Rest Periods 25
Section 7.8 Reporting Pay 25
Section 7.9 Come Back Pay 25
Section 7.10 Standby Time 25
Section 7.11 Clean-Up Time 25
Section 7.12 No Pyramiding 25
Section 7.13 Essential Personnel (Hurricane Pay) 26
ARTICLE 8 -Wages and Fringe Benefits
Section 8.1 Wages 27
Section 8.2 Shift Differential 28
Section 8.3 Holidays 28
Section 8.4 Bereavement Leave 28
Section 8.5 Rate of Pay When Working Out of Classification 29
Section 8.6 Asphalt License Training and Certification 29
Section 8.7 Voting Time 29
Section 8.8 Meal Allowance 29
Section 8.9 Jury Duty 30
Section 8.10 Tool Allowance 30
Section 8.11 Uniform Provision 30
Section 8.12 Insurance 31
Section 8.13 Pension 31
Section 8.14 Vacation Benefits 36
Section 8.15 Sick & Vacation Leave Accrual and Maximum Payment on Termination 36
Section 8.16 Public Safety 37
Section 8.17 Enforcement 38
Section 8.18 Perfect Attendance Bonus 39
Section 8.19 Lead Person 39
Section 8.20 Union Conventions 39
Section 8.21 Orientation 39
Section 8.22 Educational Leave & Tuition Reimbursement 40
Section 8.23 Property Management- License(s) Maintenance 40
Section 8.24 EMT Certification Pay 40
Section 8.25 Paid Parental Leave 40
TABLE OF CONTENT, continued PAGE
ARTICLE 9 - General Provisions
Section 9.1 Discrimination 41
Section 9.2 Meetings Between Parties 41
Section 9.3 Reduction in Work Force 41
Section 9.4 Work Rules 41
Section 9.5 Probationary Employees 41
Section 9.6 "Temporary Employees" 42
Section 9.7 Political Activities of Employees 43
Section 9.8 Safety 43
Section 9.9 Parking 44
Section 9.10 Glasses and Hats 44
Section 9.11 Notification in the Event of Transferor Contracting Out 44
Section 9.12 Stress Reduction/Police Department's Public Safety Communications
Unit 45
Section 9.13 Bulletin Boards 46
Section 9.14 Seniority 47
Section 9.15 Shoes 48
Section 9.16 Labor/Management Committee 49
Section 9.17 Promotions 49
Section 9.18 Beach Patrol Promotions 49
ARTICLE 10 -Drug and Alcohol Testing
Section 10.1 — 10.2 51
Section 10.3 Drug/Alcohol Random Screening . 52
Section 10.4 Drug/Alcohol Reasonable Suspicion Testing 52
Section 10.5 Positive Drug and/or Alcohol Test Results 53
Section 10.6 Refusal to Submit 53
Section 10.7 Last Chance Agreement 53
ARTICLE 11 - Entire Agreement 54
ARTICLE 12 - Savings 55
ARTICLE 13 -Term of Contract 56
EXECUTION 57
APPENDIX A-COMPENSATION PLAN 59
APPENDIX B -GRIEVANCE FORM 61
iii
AGREEMENT
THIS AGREEMENT, was made and entered into on this day of2018 by and
between the CITY OF MIAMI BEACH, FLORIDA (herein called the "City"), and the
COMMUNICATIONS WORKERS OF AMERICA(herein called the "Union").
CWA - I
PREAMBLE
WHEREAS, the Union has been selected as the sole and exclusive bargaining
representative by a majority of the employees set forth in Article 1, and has been recognized by
the City pursuant to the laws of Florida as the sole and exclusive bargaining representative for
said employees;
WHEREAS, the City and the Union have voluntarily endorsed the practices and
procedures of collective bargaining as a fair and orderly way of conducting relations between
the City and the employees covered by this Agreement insofar as such practices and
procedures are appropriate to the obligations of the City to retain the right effectively to operate
the various departments of the City and are consonant with the paramount interests of the
public;
WHEREAS, it is the intention of the parties to this Agreement to provide, where not
otherwise mandated by Statute, for the salary schedule, fringe benefits and conditions of
employment of the employees covered by this Agreement, to provide for the continued and
efficient operation of the various departments of the City, and to provide an orderly and prompt
method of handling and processing grievances;
NOW, THEREFORE, the parties agree with each other as follows:
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ARTICLE 1
RECOGNITION
Section 1.1. Representation and Bargaining Unit. - The City recognizes the Union as the
sole and exclusive representative of all employees in the unit described below.
Section 1.2 Unit Description. - All regular, full-time employees in the following classified job
descriptions, excluding all managerial, supervisory, confidential, temporary, and casual
employees, and employees currently represented in other certified bargaining units:
Account Clerk I Engineering Inspector
Account Clerk II Field Inspector I
Account Clerk III Field Inspector II
Administrative Aide I Finance Specialist I
Administrative Aide II Finance Specialist II
Administrative Assistant I Finance Specialist III
Administrative Secretary Lifeguard I
Air Conditioning Mechanic Lifeguard II
Building Inspector Lifeguard Lieutenant
Buyer Mason
Carpenter I Masonry Helper
Carpenter II Mechanical Inspector
Clerk Meter Analyst
Clerk Typist Painter
Code Compliance Administrator Parking Dispatcher
Code Compliance Officer I Parking Enforcement Specialist I
Code Compliance Officer II Parking Enforcement Specialist II
Commission Reporter I Parking Meter Technician I
Commission Reporter II Parking Meter Technician II
Communications Operator Permit Clerk I
Complaint Operator II Permit Clerk II
Crime Analysis Specialist Planning Technician
Crime Scene Technician I Plumber
Crime Scene Technician II Plumbing Inspector
Data Entry Clerk Pool Guard I
Dispatcher Pool Guard II
Dispatcher Trainee Police Fleet Specialist
Duplicating Equipment Operator Police Photographer
Electrical Inspector Police Records Technician
Electrician Property Evidence Technician I
Elevator Inspector Property Evidence Technician II
Engineering Assistant I Public Safety Specialist
Engineering Assistant II Revenue Processor I
Engineering Assistant III Revenue Processor II
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Section 1.3 Job Classifications/Audits.
a) The City and the Union agree that in the event the City creates a new job
classification within the bargaining unit, or substantially changes the duties of a
job classification which remains within the bargaining unit, or combines job
classifications within the bargaining unit as a result of job audits, or market
studies, the City will bargain with the Union concerning the appropriate rate of
pay for the new, changed, or combined jobs. However, in no event, will the
position be paid at a lower rate of pay or at a lower classification.
Until agreement is reached or impasse is resolved, affected employees will be
paid as determined by the City. The City and Union will negotiate the final rate
and the effective date will be part of the negotiations process.
b) The parties agree that they will periodically review the job classifications and, if
appropriate, file a joint petition to Public Employees Relation Commission
(PERC) to determine which positions should be in or out of the bargaining unit.
c) The City recognizes the life safety work that Lifeguard I, Lifeguard II and
Lifeguard Lieutenants perform is of a public safety service nature, however, the
parties further agree and understand that there is no assumption of additional
compensation or benefits based on this recognition.
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ARTICLE 2
EMPLOYEE AND UNION RIGHTS
Section 2.1 Employee Rights During Meetings or Interviews.
a) An employee shall be entitled to request Union representation at all meetings where
the representative of the City intends to seek to gain information from the employee
which may become a part of the written disciplinary record or may result in a written
warning/reprimand of the employee.
b) The employee shall be informed of the nature of the meeting, the alleged conduct,
and if requested, be given a reasonable period of time prior to the meeting to contact
and consult with the Union. Nothing contained herein shall preclude an employee
from legal representation in the event of a criminal investigation.
c) At the request of the employee, the City will advise the Union President of all such
meetings with the employee and the Union President will arrange to have a Union
Representative present.
d) All meetings will be held in the City at a reasonable hour during the employee's shift
or contiguous to the shift on the clock, unless an emergency or serious condition
prevents such action.
e) This provision of Article 2, Section 2.1 shall be subject to the Union Time Bank as
described in Section 4.8.
Section 2.2 Notice of Disciplinary Action.
a) No reprimand, termination, suspension, demotion, punitive transfer, or punitive
reassignment which results in loss of pay shall be taken against an employee
unless he/she is notified of the action, and the reason(s) for such recommended
action given in writing specifically prior to the action. Notice in writing shall be
given to the employee as soon as practicable.
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b) If such disciplinary action is taken against any employee which results in loss of
pay or monetary benefits or denial of annual merit increase, Management will
adhere to progressive discipline:
Written "verbal warnings" shall be kept in departmental or Human Resources
files. If the employee is not disciplined for the same incident again during a
calendar year, the written "verbal warning" shall not be used for his/her Annual
Performance Evaluation report.
c) The employee must have received a Special Report during the evaluation period
informing him/her of the less than satisfactory performance and what action
should be taken for improvement. A copy of the Special Report must be
submitted with the Annual Evaluation Report.
d) The employee must have received a warning during the evaluation period at
least sixty (60) but no more than ninety (90) days prior to an employee receiving
a less than satisfactory performance. If the unsatisfactory work performance
occurred prior to ninety (90) days before the anniversary increase was due, the
warning must state what action the employee must take to correct the
unsatisfactory performance. A copy of the warning shall be submitted with the
Annual Evaluation Report.
e) Nothing in this section shall be intended to contravene public record law.
f) Annual merit increases are not automatic and may be denied.
The employee's Department will be responsible for monitoring the progress or lack of progress
on the employee's effort to correct the problem which led to the unsatisfactory rating. Such
follow-up shall be every ninety (90) days after the corrective process commenced. Upon
correction of the problem, the employee will be granted the annual increase.
Section 2.3 Retaliation for Exercising Rights. - No employee, supervisor or management
person shall be retaliated against or be threatened with any such retaliation by reason of his/her
exercise of any rights set forth in this Agreement.
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Section 2.4 Union Membership-Right of Union to Represent Only Members. -The City and
the Union agree not to interfere with the right of employees to become or not become members
of the Union, and further, both parties agree that there shall be no discrimination, interference,
restraint, or coercion against any employee because of Union membership or lack of it; except
that the Union may process grievances for, advise, or participate in meetings or interviews on
behalf of members only. Human Resources will inform the Union of new hires on a monthly
basis.
Section 2.5 Access to Personnel Records. - Upon reasonable request, an employee shall
have the right, in the presence of an appropriate representative of the employer, to review and
copy all or any portion of the employee's official records which are or may become a part of the
personnel file maintained by the Human Resources Department and his/her department. The
employer may charge a reasonable fee of fifteen cents ($.15) per page for such copying.
Employees will be provided with a copy of records or letters that are to be placed in the
employee's Personnel File maintained in either Human Resources or in the Department
personnel file, which make specific, derogatory comments about the employee's work
performance. This shall be done by the Department prior to the filing and the employee shall be
asked to sign his/her acknowledgement. The employee shall be allowed to place in his
personnel file a response of reasonable length to anything contained therein which the
employee deems to be adverse. No anonymous material shall be placed in an employee's
personnel file.
It is specifically understood that this provision shall not in any way alter or modify the Personnel
Rules concerning tests or examinations and the period of time which an employee has to review
tests or examinations which he/she has taken.
Section 2.6 Employee Bargaining Team. - The City agrees that the Union shall be permitted
up to five (5) employees to serve on a collective bargaining team in any collective bargaining
negotiations with the City, and that such persons shall be compensated at their regular salary
when negotiations are during regular working hours. The Union may appoint alternates who
shall be compensated instead of regular members of the collective bargaining team for those
periods of time when they actually serve on the bargaining team. Attendance at negotiations for
a successor agreement shall not be counted against the union time bank.
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Section 2.7 Recording Devices. - No mechanical recording devices of any kind shall be used
in discussions between department heads, division heads, or supervisors and employees
unless the parties mutually agree otherwise. It is specifically understood that this subsection
shall not in.any way apply to any City Board.
Section 2.8 Computerized Voice Stress Analysis Examinations and Psychological
Examinations.
A) Computerized Voice Stress Analysis Examinations
1) A bargaining unit member may be required to submit to a computerized voice
stress analysis test, or any other electronic examination, the purpose of which is
to test the truthfulness of the employee when investigating a work place theft only
when there is reasonable suspicion to believe that the employee is involved.
2) It is understood that bargaining unit members may be required to take a
computerized voice stress analysis examination when such examination is a
pre-condition of their initial employment with the City. A bargaining unit member
may be required to take a computerized voice stress analysis examination for
promotion, or transfer into a department that has required computerized voice
stress analysis tests.
3) Such computerized voice stress analysis tests shall be conducted by an
independent, professional examiner as selected by the City. Nothing contained
in the Agreement shall abridge the rights of individual employees or the rights of
the City under Florida law.
B) Psychological Examinations
At the City's request, the Union agrees to appear before the Personnel Board and jointly submit
with the City a proposal to include a psychological examination for Lifeguard I applicants.
Psychological examinations shall be in English and Spanish.
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Section 2.9 Employee Examination Review. - An employee shall have the right in the
presence of an appropriate representative of the employer to examine and/or review his/her
own completed promotional examination as provided in Florida Statutes.
Section 2.10 Meeting Leave. - The Union shall have the right to send up to two (2) of the four
(4) designated Union representatives, authorized with pay for time he/she would have otherwise
been working, to attend City Commission Meetings, Personnel Board Meetings, or Pension
Board Meetings, when a matter relating to the collective bargaining agreement is on the Agenda
for such meeting, and if prior approval has been given by the representative's supervisor. The
representative is to return to work immediately after the City Commission addresses the Agenda
item. This section shall be subject to the Union Time Bank in Section 4.8.
Section 2.11 Information To Be Provided To Union By City. - The City will provide to the
Union one (1) copy of the following:
a) A listing of all bargaining unit employees electronically every pay period to include
the employee's name, address, I.D. number, department assignment, and date of
hire, except where such information is exempt from the definition of public records as
established by Florida Statutes 119.07 (3) (i).
b) The "Personnel Rules' of the City of Miami Beach.
c) "Classification Specifications"for all bargaining unit classifications.
d) "Agenda' (as distributed to all department heads and news media) for each City
Commission Meeting.
e) Salary Ordinance amendments affecting bargaining unit classifications.
CWA - 9
ARTICLE 3
DEDUCTION OF UNION DUES
Section 3.1 Check-off. - Upon receipt of a lawfully executed written authorization from an
employee, which is presented to the City by an official designated by the Union in writing, the
City agrees during the term of this Agreement to deduct the uniform Union dues and
assessments of such employees from their pay and remit such deductions to the Union
Treasurer; provided, however, that such authorization is revocable at the employee's will upon
thirty (30) days'written notice to the City and the Union. The Union will notify the City thirty (30)
days prior to any change in its dues and assessments structure.
The Union shall pay, during the term of this Agreement, the amount of two hundred dollars
($200) annually as a service charge for implementing and processing the above-stated dues
and assessments deductions. The Union shall make the payment on or before April 1 of each
year of the Agreement.
The Union and the City agree to develop an electronic/magnetic media reporting system for
deduction of dues within six (6) months of ratification of the contract.
Section 3.2 Indemnification. - The Union agrees to indemnify and hold the City harmless
against any and all claims, suits, orders or judgments brought against the City under the
provisions of this Article; provided, however, this Section shall not apply to any act or failure to
act on the part of the City resulting from its own willful behavior. In the event of an error in dues
deductions, transfer should be transmitted thirty (30) days after written notification,
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ARTICLE 4
GRIEVANCE PROCEDURE
Section 4.1 Purpose - It is recognized that complaints and grievances may arise between the
bargaining agent and the employer or between the employer and any one or more employees
concerning the application or interpretation of any provision of this Agreement. The employer
and the bargaining agent desire that these grievances and complaints be settled in an orderly,
prompt and equitable manner so that the efficiency of the City of Miami Beach may be
maintained and the morale of employees not be impaired. Every effort will be made by the
employer, employees, and bargaining agent to settle the grievances at the lowest level of
supervision. The initiation or presentation of a grievance by an employee will not adversely
affect his standing with the employer.
No reprisals of any kind will be made by agents of the City against the grievant(s) or the Union's
representatives by reason of such participation in the processing of their grievance. Similarly,
the Union, its officers or agents, shall not impede, malign, or delay the City or managements
representative in their duties during the investigation or processing of said grievance.
In order to investigate, discuss and process grievances, the designated Union representatives
and witnesses must request permission 24 hours in advance (except in emergencies), and
report their return to work upon conclusion of the use of time for grievance matters. At such
time away from work by Union representatives shall be deducted from and is subject to the
Union's Time Bank. Bargaining unit employees covered by this Agreement shall no longer be
able to file an appeal via the City's Personnel Board procedure for any disciplinary matter.
Section 4.2 Definitions.
a) Grievance - a grievance is a dispute involving the interpretation or application of any
provision of this Agreement, excluding matters not covered by this Agreement or where
Personnel Board rules and regulations are involved; provided, that disciplinary actions,
including discharges, but not including verbal warnings, may be grieved under this
Article further provided that the reasonableness of new or changed work rules and
whether there has been reasonable application of old or new work rules and lay-off
provisions of the Personnel Board's rules and regulations, may be grieved under this
Article. The reasonableness of work rules which were negotiated is not grievable.
CWA - 11
b) Aggrieved Employee(s) - the employee(s) filing the grievance or causing the grievance
to be filed.
c) Immediate Supervisor - the individual having immediate supervisory authority over the
aggrieved employee(s).
d) Division Head - the head of the division in which the aggrieved employee(s)works.
e) Department Head - the head of the department in which the aggrieved employee(s)
works.
f) Days - as referred to in the time limits herein, days shall mean working days (i.e.,
Monday through Friday, exclusive of scheduled holidays).
Section 4.3 Special Provisions.
a) The time limits set forth herein may be extended and/or modified by mutual written
agreement.
b) If the employer violates any time limits, the bargaining agent may advance to the next
step without waiting for the employer's response. If the Union, or the grievant(s) fail to
initiate or move the grievance to the first or next step of the grievance procedure, as set
forth herein (time limits), it shall be untimely and considered withdrawn.
c) The parties acknowledge that, as a principle of interpretation, employees are obligated
to work as directed while grievances are pending; except where the safety of a working
condition or health of the employee(s) is the basis of the grievance.
d) Aggrieved employees, a reasonable number of employees, not to exceed three (3),
called as witnesses, and a specifically designated Union representative, shall be allowed
to be present at the various formal steps of the grievance procedure, including
arbitration. One witness may attend without loss of pay for those actual hours during
his/her regular work schedule. Any other witnesses, not to exceed two (2) in total, may
attend provided that there is adequate time to cover such work time in the Union Time
Bank. The Union shall notify the City Manager's designee for Labor Relations of who it
CWA - 12
wishes to call, and then Management will schedule the witnesses to be available as
needed. If there are circumstances where more than three (3) witnesses are needed,
the Union will make a request to the City Manager's designee for Labor Relations, who
will make the final decision.
e) The Union shalt designate to the City the names of the seventeen (17) Union
representatives, plus one individual who shall be designated as the Chairman of the
Grievance Committee, whose function shall be to assist unit members in the processing
of complaints and grievances under this procedure. At Step I only one (1) of the
designated Union representatives will be allowed at any grievance meeting. At Step II 8
III, only two (2) of the designated Union representatives will be allowed at any grievance
meeting. All such attendance time shall be deducted from and subject to the Union's
Time Bank as set forth in Section 4.8, including, but not limited to, the specification of
representation by four (4) members of the executive board.
f) City of Miami Beach employees other than those designated Union representatives (as
set forth in Section 4.8) shall not be granted time off from work without loss of pay for the
processing of grievances.
g) The specifically designated Union Representatives shall be permitted during working
hours without loss of pay to investigate, discuss, and process grievances in their
respective areas, provided the following conditions are met:
1) that they first secure the permission of their immediate supervisor (such
permission shall not be unreasonably denied);
2) that the supervisor shall be notified twenty-four (24) hours prior to
investigating, discussing, and processing grievances on City time (shorter
notice may be given in the case of emergencies).
3) that the representative will report his/her return to work to the immediate
supervisor upon conclusion of the use of time for grievance matters: and
4) that there is sufficient time in the Union Time Bank to cover the entire period
of the representative's absence from work.
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h) An employee may request Union representation in accordance with the provisions of this
Agreement at each and every step of the grievance procedure set forth in this
Agreement.
i) The bargaining agent, in accordance with its own lawful internal rules, shall have the
sole and exclusive right to determine whether any grievance warrants processing
through this procedure. In the event the bargaining agent determines at any step of the
grievance procedure that a grievance does not warrant processing, a written notification
of that determination shall be sent to the City Manager's designee for Labor Relations.
The employee(s) involved shall then be free to process it themselves or through legal
counsel.
j) If the bargaining agent has declined to process or further process any grievance
presented to it, and if any employee, or group of employees, desires to process it or
further process their own grievance through this procedure, the bargaining agent shall
be sent copies of all written communications sent by the employer or the employee(s)
involved. Further, nothing herein contained shall be construed to prevent any public
employees from representing, at any time, their own grievance in person or by legal
counsel to the employer, and having such grievance(s) adjusted without the intervention
of the bargaining agent, provided however, that the adjustment is not inconsistent with
the terms of the collective bargaining agreement then in effect; and provided further that
the bargaining agent has been given notice and a reasonable opportunity to be present
at any meeting called for the resolution of such grievances.
k) The bargaining agent shall not be responsible for any costs attendant to the resolution of
any grievance(s) it has not processed.
I) The parties acknowledge that multiple grievances may be combined at any stage of the
grievance procedure where the class of aggrieved employees is clearly defined and the
subject matter of the grievances is the same or similar.
m) At Step I, all formal grievances presented shall include the date of the alleged violation,
the specific article and section grieved; a brief description of the grievance, and the
remedy requested.
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Section 4.4 Grievances Involving Discipline. - Discipline shall be only for just cause and
shall include written reprimand, suspension, or dismissal. A verbal warning is not disciplinary
and is not grievable. Any regular employee who is disciplined, and who has completed the
required probationary period, may file a grievance pursuant to the provisions of this Article. The
Union or employees not represented by the Union in a grievance or who are not members of the
Union may file discipline grievances at either Step I or II within fifteen (15) days of the written
notice of action.
Section 4.5 Grievance Procedures:
STEP I
a) The grievance shall be filed within fifteen (15) days of the alleged violation,
interpretation or application of the terms of employment set forth in this
Agreement.
b) The grievance shall be filed with the division head in writing, on the Grievance
Form as attached in the appendix.
c) The division head or his/her designee shall note the date of receipt of the
grievance, and shall seek to meet the aggrieved employee at a mutually
agreeable time within ten (10) days of receipt of the grievance.
d) Within five (5) days of the meeting, the division head shall render a decision and
shall immediately communicate that decision in writing to the aggrieved, the
bargaining agent, and the department head. If the decision is to deny the
grievance, the reasons for denial shall be specifically stated.
e) The aggrieved employee(s) and/or the bargaining agent may appeal the decision
of the division head within seven (7)days of receipt of the decision.
f) The appeal shall be submitted in writing to the department head. Failure to
appeal the decision of the division head within seven (7) days shall constitute
acceptance by the aggrieved employee(s) and the bargaining agent of the
decision as being a final resolution of the issues raised.
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STEP II
a) If the aggrieved employee(s) appeals the decision, the department head shall
schedule a meeting to take place at a mutually agreeable time not more than five
(5) days after receipt of the appeal. The exclusive bargaining agent shall be
advised in writing as to the date of the proposed meeting, and shall have the right
to send one (1) observer to the proceedings if the bargaining agent is not
involved in the actual representation of the aggrieved employee(s).
b) Within five (5) days of the meeting, the department head shall render a decision
and shall immediately communicate that decision in writing to the aggrieved
employee(s), and to the bargaining agent. If the decision is to deny the
grievance, the reasons for denial shall be specifically stated.
c) The aggrieved employee(s) may appeal the decision of the department head
within seven (7) days of receipt of the decision. The appeal shall be
communicated in writing to the City Manager's designee for Labor Relations.
Failure to appeal the decision of the department head within seven (7) days shall
constitute acceptance by the aggrieved employee(s) and the bargaining agent of
the decision as being a final resolution of the issues raised.
STEP III
a) If the aggrieved employee and/or a representative of the bargaining unit appeals
the decision, the City Manager, or his/her designee for Labor Relations, shall
schedule a meeting to take place at a mutually agreeable time not more than
twelve (12) days after receipt of the appeal.
b) Within twelve (12) days of the meeting, the City Manager or his/her designee for
Labor Relations shall render a decision and shall immediately communicate that
decision in writing to the aggrieved employee and the bargaining agent. If the
decision is to deny the grievance, the reasons for denial shall be specifically
stated.
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c) Failure to appeal the decision rendered in Step Ill within twelve (12) days by
notice of intent to submit to arbitration shall deem the decision at Step Ill to be
final and no further appeal will be pursued.
Section 4.6 Arbitration. - If the employer and the aggrieved employee(s) and/or the bargaining
agent fail to resolve the grievance, the grievance may be submitted to final and binding
arbitration by an impartial neutral mutually selected by the parties.
a) Notice of intent to submit the grievance to arbitration shall be communicated in
writing by the Union President or his designee to the office of the City Manager's
designee for Labor Relations within twelve (12) days of the receipt of the decision
at Step III. Any request to go to arbitration on behalf of the employer is to go to
the Union President.
b) Within thirty (30) days after written notice of submission to arbitration a request
for a list of five (5) or seven (7) arbitrators shall be submitted to the Federal
Mediation and Conciliation Service (FMCS). Both the City and the Union shall
have the right to strike two (2) names from the panel of five (5) or three (3)
names from the panel of seven.
The City and the Union agree to alternate as to who shall strike the first name.
The arbitrator remaining on the panel after both parties have utilized their two (2)
strikes from a panel of five (5) or three (3) strikes from a panel of seven (7) shall
be the selected arbitrator. Upon receipt of the panel of arbitrators from the
FMCS, the City and the Union shall have thirty (30) days to complete the striking
process. The arbitrator shall be notified of his/her selection within five (5) days
by a joint letter from the City and the Union requesting that he/she schedule a
date and place for a hearing, subject to the availability of the City and the Union.
c) Prior to the commencement of the arbitration, the arbitrator may hold a pre-hearing
conference to consider and determine:
1. the simplification of the issues;
2. the possibility of obtaining stipulation of facts and documents that
will avoid unnecessary proof;
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3. such other matters as may aid in the disposition of the grievance;
4. matters of jurisdiction or applicability.
d) The arbitrator shall have no right to amend, modify, ignore, add to, or subtract
from the provisions of this Agreement. He/she shall consider and decide only the
specific issue submitted to him/her in writing by the City and the Union, and shall
have no authority to make a decision on any other issue not submitted to
him/her. The arbitrator shall submit in writing his/her decision within thirty (30)
days following close of the hearing or the submission of briefs by the parties,
whichever is later, provided that the parties may mutually agree in writing to
extend said limitation. The decision shall be based solely upon his/her
interpretation of the meaning or application of the express terms of this
Agreement to the facts of the grievance presented. Consistent with this Section,
the decision of the arbitrator shall be final and binding.
e) In the event that an employee desires, on his/her own behalf, to process his/her
grievance to arbitration, the bargaining agent reserves the right to intervene in
the arbitration proceeding up to and including the full right to participation as a
party.
f) All arbitration costs, including the cost of the arbitrator, stenographic reporting of
the arbitration hearing,(for an original and one copy), and the venue rental if City
space is unavailable shall be divided equally between the employer and the
bargaining agent, or if the bargaining agent has determined not to process the
grievance through arbitration, between the employer and the employee(s). Any
cancellation fees will be borne wholly by the party cancelling. Each party will pay
the cost of presenting its own case.
Section 4.7 Differences Concerning Personnel Rules. - A difference of opinion with respect
to the meaning or application of the Personnel Rules which directly affects wages, hours, or
working conditions may be submitted by the employee or the Union President (or his/her
designee) to the City Manager's designee for Labor Relations within ten (10) days after the
occurrence of the event giving rise to the difference of opinion. The City Manager's designee
for Labor Relations shall discuss the matter with the employee and the Union Representative at
a time mutually agreeable to the parties. If no settlement is reached at this meeting, the
employee may submit a grievance through the grievance process as set forth in Section 4.5.
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Section 4.8 Union Time Bank. - The CWA represented by four (4) members of the Executive
Board, as determined by the President, shall have the right to conduct union business (under
the conditions described in this Section) through the use of a time bank. The Time Bank hours
for the period covering October 1, 2012 through September 30, 2013 shall be 1,500 hours.
Effective October 1, 2013, the Time Bank shall be 2,250 hours each contract year. Unused time
bank hours from one contract year shall rollover to the next contract year, not to exceed a total
maximum of 2,250 hours per contract year. A cap of twenty (20) hours a month, per union
representative, can be used for union business from the Union Time Bank. 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 of the CWA shall provide a
minimum of twenty-four (24) hours' notice to the appropriate Department Director or designee
for any leave to be granted. Such leave shall not be granted unless previously approved in
writing by the CWA President. Time for attendance at negotiations for a successor agreement
is addressed in Article 2.6. of this Agreement. The time bank shall be used for union
representation as outlined in Section 2.1, 2.10, and Article 4 of this agreement. All other union
convention time other than union convention time referred in Section 8.22 shall be part of the
Union Time Bank.
Representatives must return to work immediately upon conclusion of the meeting that was the
reason for the approved Union time off. If the Union Time Bank is exhausted, no more paid time
off to conduct union business on City time shall be requested, paid or approved. Attendance at
a pension board meeting by a designated union representative as a pension board member
shall not be counted against the union time bank.
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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), Florida Statutes.
Accordingly, the Union, its officers, stewards and other representatives agree that it is their
continuing obligation and responsibility to maintain compliance with this Article and the law, and
to encourage and direct employees violating this Article or the law to return to work, and to
disavow the strike publicly.
Section 5.2 No Lockout. - The City will not lockout any employees during the term of this
Agreement as a result of a labor dispute with the Union.
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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 its rules and
regulations; to conduct performance evaluations; and, to determine internal security practices;
provided however, that the exercise of any of the above rights shall not conflict with any of the
express written provisions of this Agreement. The City agrees that, prior to substantial
permanent layoff of bargaining unit members, it will advise the Union.
If, in the sole discretion of the City it is determined that civil emergency conditions exist,
including but not limited to riots, civil disorders, hurricane conditions, or similar catastrophes, the
provisions of this Agreement may be suspended by the City Manager or his/her designee for
Labor Relations during the time of the declared emergency, provided that wage rates and
monetary fringe benefits shall not be suspended.
Should an emergency arise, the Union President shall be advised as soon as possible of the
nature of the emergency.
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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.
Section 7.2 Normal Workday. - The normal workday shall consist of eight (8) or ten (10)
consecutive hours of work, exclusive of the lunch period, in a twenty-four(24) hour period.
Subject to the above, the City shall determine all aspects of the scheduling of Ocean Rescue
employees, including, but not limited to, the daily and weekly shifts of individual employees
and/or group of employees (including the start and finish times of each shift and the start and
finish times of individuals within a shift (staggered shifts)) and days off, provided that any
change to scheduling is made consistent with notice and seniority requirements contained in
this agreement when applicable.
The City may, on an as needed basis, supplement the Lifeguard workforce with such "temporary
employees' as outlined in Section 9.6.
Section 7.3 Normal Workweek. - The normal workweek shall consist of forty (40) hours per
week, and such additional time as may, from time to time, be required in the judgment of the
City to serve the citizens of the City. The workweek shall begin with the employee's first regular
shift each week. No schedule changes involving shifts or days off shall be made without at least
ten (10) workdays' notice to the employees involved, provided that in an emergency, or other
such reason justifying a temporary schedule change only, such notice as is practicable shall be
given. The implementation of this provision shall not be arbitrary and capricious.
Section 7.4 Overtime. - It is understood that the City may require necessary and reasonable
overtime for unit members. For all hours worked in excess of forty (40) hours during an
employee's workweek, the City will pay the employee one and one-half (1-1/2) times the
employee's straight time hourly rate of pay.
Only actual hours worked shall be considered for the purposes of computing overtime. For
example, paid leave including but not limited to any Annual, Sick, Family Medical Leave,
Birthday, Floater, Bereavement, Administrative Leave and union time pool hours shall not be
considered as time worked for the purpose of computing overtime.*
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Effective upon ratification of this agreement, employees shall no longer earn compensatory time
in lieu of overtime. Any existing compensatory time, when used, will not be considered as time
worked for purposes of computing overtime.
'Effective upon ratification of this agreement, holidays will be considered as time worked for the
purposes of computing overtime.
Section 7.5 Distribution of Overtime Work. - Overtime shall be distributed as equally as
practicable among employees in the same job classification in the same work section and area
starting with the most senior employee, as per Section 9.14 Seniority, provided the employees
are qualified to perform the specific overtime work required. Any overtime work required for a
specific job classification within this unit, shall be offered to unit members first. In the event that
no bargaining unit member accepts the overtime, the overtime may be offered to other qualified
individuals outside of the bargaining unit.
The City will maintain the records of overtime work, including: the nature of the work, to what
classification it is applied, to what employee(s) it was offered, who performed the work, how
many hours were worked, and whether it was voluntary or required. The records will be
updated monthly, maintained on a rolling 12-month basis, and posted. The records shall be
made available electronically for employees to verify and check. Should any employee assert
that he or she has not been offered a reasonably equitable number of overtime work hours for
which he or she is qualified, he or she may bring such assertion to the attention of management.
Should management determine that the employee's assertion is justified, then that employee
shall be given the right of first refusal to all subsequent overtime work offers until reasonable
equity is restored, without regard for seniority. If no employee accepts offered overtime work,
the City may require an employee or employees to work the overtime. Should the overtime work
arise from the continuation of work in progress, the employee performing the work may be
required to complete it. In cases where the City requires that overtime work be performed, the
overtime work will be assigned on a rotating basis in inverse order of seniority among
employees holding the same classification, subject to the qualification of any individual
employee to perform the work, within each shift.
Section 7.6 Holiday Celebration and Pay for Working on Holiday.
a) Whenever any of the holidays listed in Section 8.3. Holidays, of this Agreement
fall on a Sunday, the following workday shall be observed as the official holiday;
whenever any of the above listed holidays occur on a Saturday, the preceding
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workday shall be observed as the official holiday. In such cases, the day on
which the holiday is observed shall be considered to be the paid holiday and not
the regular day.
b) To be eligible for a paid holiday, an employee must report for scheduled work on
the holiday, on the last scheduled day preceding the holiday and the first
scheduled day following the holiday unless such absences are excused.
Excused absences are defined as:
1) an employee calls in sick and is eligible to receive paid sick leave, and
who is granted sick leave usage;
2) approved annual leave;
3) floating holiday;
4) birthday.
c) Failure to report for work on, before, after, or during the holiday after having
been scheduled to work on such holiday shall be just cause for denial of holiday
pay.
d) A holiday which is observed during an employee's regularly scheduled workweek
shall not be considered as time worked for the purpose of computing overtime,
pursuant to Section 7.4, Overtime, herein.
1. Should an employee not work on a holiday that falls on his/her regularly
scheduled day off, he/she shall be paid eight (8) or ten (10) hours of
holiday pay, depending on the number hours in his/her regular shift, at
his/her straight time hourly rate.
2. Should an employee work on a holiday that falls on his/her regularly
scheduled work day, he/she shall be paid for the number of hours actually
worked at his/her regular or overtime rate, whichever is applicable, plus
eight (8) or ten (10) hours of holiday pay, depending on the number of
hours in the employee's regular shift, at the regular rate.
3. Should an employee work on a holiday that falls on his/her regularly
scheduled day off, he/she shall be paid for the number of hours actually
worked at his/her regular or overtime rate, whichever is applicable, plus
eight (8) or ten (10) hours of holiday pay, depending on the number of
hours in the employee's regular shift, at the regular rate.
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4. Effective upon ratification of this agreement, employees not assigned to a
Monday — Friday shift will be paid Holiday Pay on the actual date of the
holiday and not the date the City observes the holiday.
Section 7.7 Rest Periods. Employees may take a rest period of fifteen (15) minutes for each
half day of work. Daily rest periods shall be scheduled by the supervisors. Whenever
practicable, the rest period will be scheduled approximately mid-point in the first one-half of the
employee's regular work shift and in the second half of the employee's regular work shift.
Employees who extend their rest period may be subject to disciplinary action.
For each additional four (4) hours worked beyond the regular shift, an additional fifteen (15)
minute rest period shall be provided. Employees in PSCU shall enjoy a fifty (50) minute meal
break and a ten (10) minute rest period which, upon request of an employee and with the
approval of the supervisor, will be combined into a sixty (60) minute meal break.
Section 7.8 Reportinq Pay. — An employee who reports to work as scheduled will be
guaranteed eight (8) hours of work or eight(8) hours of pay; (or, for those on ten-hour days, ten
hours of work or ten of pay); provided, however, that supervisors may assign employees to
perform any reasonable work.
Section 7.9 Come Back Pay. - An employee who is scheduled or called in to work outside of
his/her normal hours of work will be guaranteed four (4) hours of work or four (4) hours of pay.
It is understood that call-in pay does not apply to work which is contiguous to his/her regularly
scheduled shift. Employees who are required to attend Court shall only be required to return to
Division Headquarters if their Court appearance has been scheduled during their normal
workweek.
Section 7.10 Standby Time. Employees assigned to standby shall receive two (2) hours per
day of straight time as a standby bonus unless they receive comeback pay. Standby Pay shall
be offered to employees in the same manner and conditions as in Article 7.5 Distribution of
Overtime Work.
Section 7.11 Clean-Up Time. - At the end of the shift, skilled trades employees and members
of the beach patrol and Pool Guards shall be allowed fifteen (15) minutes clean-up time;
provided that they may also be required to perform other work tasks during such time if it does
not interfere with clean up. However, Pool guards cannot leave the job site during this clean-up
time.
Section 7.12 No Pyramiding. - Premium pay and overtime shall not be paid for the same
hours. The employee shall receive the greater of the two alternative premiums.
CWA - 25
CWA - 26
Section 7.13 Essential Personnel (Hurricane Pay). When the City declares an emergency
due to a named hurricane and other events and non-essential personnel employees are advised
to stay home with pay and essential personnel employees are ordered to work, essential
personnel employees shall be paid at the rate of one and one-half of their straight hourly wages
for all hours worked for up to three (3) days.
CWA - 27
ARTICLE 8
WAGES AND FRINGE BENEFITS
Section 8.1 Wages
No bargaining unit member who left the City's employ prior to the date of ratification of this
Agreement by the Commission will be eligible for any wages or benefits under this Agreement.
Effective the first full pay period commencing after October 1st, 2017, there shall be a three
percent (3%) across the board wage increase for any CWA bargaining unit positions. Also, there
shall be a three percent (3%) increase to the minimums and maximums of each job
classification range.
The City of Miami Beach classification and pay system will be utilized for all bargaining unit
employees. Effective October 1, 2010, all classifications in the CWA Bargaining Unit shall be in
the pay for performance pay system. This classification and pay system includes salary range
changes, job audits, and market classification studies, but does not include cost-of-living
increases.
Consistent with the classification and pay system, no employee's salary shall exceed, for any
reason, the applicable maximum salary for the pay range of the employee's position.
Employees who receive a score of three (3) 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 equals 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 three (3) shall not receive a merit increase.
Performance Improvement Plans will be implemented after a less than satisfactory evaluation.
The employee's performance will be reevaluated after 90 days. If acceptable performance is not
achieved after 90 days, the employee will be given a second 90 day Performance Improvement
Plan. Managers will advise the employee intermittently through the Performance Improvement
CWA - 28
period regarding their progress and suggested improvements. If a satisfactory rating is not
achieved after two consecutive 90 day Performance Improvement plans, the employee may be
disciplined up to and including termination. If an employee is eligible for a merit increase, merit
increase will be effective the beginning of the pay period immediately following the new
satisfactory performance rating.
If an employee's merit rating score does not qualify him/her for a merit increase, the employee
may grieve the evaluation up to Step III under the provisions of this Agreement.
Section 8.2 Shift Differential.
Effective upon ratification of this agreement, where a majority of an employee's regularly
assigned shift hours fall between 3:00 p.m. and 11:00 p.m., the employee shall receive a shift
differential of forty-five cents ($.45) per hour for work performed after 3:00 p.m.
Effective October 1, 2013, where a majority of an employee's regularly assigned shift hours fall
between 11:00 p.m. and 6:30 a.m., the employee shall receive a shift differential of fifty five
cents ($.55) per hour for work performed after 11:00 p.m.
Section 8.3 Holidays. — (See Section 7.6) The following fourteen (14) days shall be
considered as holidays but the City reserves the right to schedule work on the holidays:
New Years' Day, President's Day, Memorial Day, Independence Day, Labor Day,
Veteran's Day, Thanksgiving Day, the day following Thanksgiving, Christmas
Day, Martin Luther King's Birthday, three (3) floating holidays, and the
employee's birthday.
Employees shall become eligible for floating holidays and the birthday holiday upon completing
six (6) months' continuous service with the City.
Section 8.4 Bereavement Leave. - In case of death in the immediate family of an employee,
time off with straight-time pay will be allowed of two (2)scheduled work days off per death and
four(4) scheduled work days off per death if the funeral is held outside the State of Florida. The
immediate family shall be defined as father, mother, husband, wife, sister, brother, son,
daughter, grandchild, grandfather, grandmother, mother-in-law, father-in-law, stepfather,
stepmother, stepson, stepdaughter, or domestic partner as defined in the Domestic Partner
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Ordinance. Additional time off may be granted by the Department Head, in writing, chargeable
to the employee's accrued sick or vacation leave. In such circumstances such additional sick
leave shall not count against an employee for purposes of performance evaluations.
Section 8.5 Rate of Pay When Working Out of Classification. - An employee may be
required to temporarily work out of his/her classification when directed by management.
Temporarily is defined as an employee who is clearly and definitely performing the principal
duties in a higher pay classification for more than one hour per day, and they shall not exceed
580 hours in a 12-month period, and shall be paid as follows, except at the sole discretion of the
City Manager or his/her designee for Human Resources who may waive the 580 hour cap if in
his/her judgment, it will best serve the needs of the City service:
a) Out of class pay shall be distributed as equally as practicable among employees
in the same job classification in the same work section.
b) If he/she is temporarily working in a lower classification, he/she shall receive
his/her hourly rate in his/her regular classification. Employees will not be
assigned to lower classification work as punishment or to demean the employee.
c) If he/she is temporarily working for one or more consecutive hours in a higher
paying classification, he/she shall be paid an hourly rate of one dollar($1.00) per
hour to be added to the employee's straight-time rate of pay.
Employees being trained with on-site supervisory assistance in a bona-fide training program for
a higher paying classification will be paid their current rate in their regular classification during
such training time.
Section 8.6 Asphalt License Training and Certification. At the sole discretion of the Public
Works Director, qualifying employees shall be offered training to obtain an asphalt license
certification. The appropriate certification level for training shall be determined at the sole
discretion of the Public Works Director.
Section 8.7 Voting Time. Given the availability of alternatives such as absentee ballots and
early voting, the past practice of allowing paid time off for voting shall be discontinued.
Section 8.8 Meal Allowance. -An employee who works three (3) consecutive hours or more of
pre-shift or post-shift overtime shall be paid $7.00 unless meals are provided by the City.
Employees shall receive compensation within three (3) months.
In the event employees are supplied with a meal while working the overtime hours, the meal
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allowance, as provided under this Section, shall cease.
Section 8.9 Jury Duty. The City of Miami Beach shall permit employees either to keep
payments received from courts of competent jurisdiction for being on duty, or in the alternative,
their standard rate of pay, whichever is higher. For each day an employee is called to jury duty,
he/she shall be excused from work for such time as is necessary to complete jury duty services.
If three (3) or more hours are left in the employee's work shift upon release from jury duty, the
employee shall immediately contact his/her immediate supervisor for instruction.
Section 8.10 Tool Allowance. Effective upon ratification of this agreement, employees in
those classifications who are required to provide their own personal tools as part of the job
duties shall be entitled to an increase from $17.50 to $20.00 per pay period for the purchase of
new/replacement tools.
Section 8.11 Uniform Provision. Persons employed in all divisions, including the Public
Safety Communications Unit (PSCU), who are compelled to wear City-issued uniforms shall be
provided with six (6) uniforms.
Lifeguards and full-time pool guards shall be provided with one (1) sweat suit per year, and a
winter jacket every five (5) years. Six (6) long sleeved/short sleeved shirts or any combination
thereof shall be provided annually to Lifeguard I, II, Lieutenant, Pool Guard I, and II,. Female
lifeguards and pool guards will be provided 6 swimsuits annually, or replaced as needed.
On a one-time basis only, all regular, full-time Lifeguard I, Lifeguard II and Lifeguard Lieutenants
shall be issued one (1) pair of dress pants, one (1) Class A shirt and one (1) badge. Lost,
damaged or stolen badges shall be replaced at the employee's expense. Worn dress uniforms
shall be replaced at the City's expense, but no sooner than once per year.
AR uniforms (except the Class A dress uniforms for Lifeguards) shall be delivered to the
employees in the month of January of each year.
Sponsorship: In the event that the City enters into an agreement with any outside sponsor
concerning uniforms that may be issued to any employee(s) (but not necessarily all employees)
who are in the bargaining unit, these sponsored uniforms may be issued to satisfy the
contractual uniform obligations. No additional contract obligations concerning uniforms are
hereby created and such sponsored uniforms may be discontinued at any time by the City.
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Section 8.12 Insurance.
a) Effective at the beginning of the first full health insurance plan year, or as soon as
practicable, after (and only if) this multi-year Agreement is ratified by both parties, the City
shall offer medical, dental, and life insurance benefit plans to full-lime bargaining unit
employees and their legal dependents, as set forth in this section (a, b and c) during the term
of this Agreement. The City will continue to pay at least fifty percent (50%) of the premium
cost for eligible employees and their dependents. The City will offer alternative plans as
options for employees. The City may change insurance carriers and/or the scope and level
of benefits in any plan. The City also may change the percentage of premium cost paid by
the City (i.e., provided that it remains at least 50%) from year to year for any one or more of
the optional plans available, depending upon the scope and level of benefits available in
each of the optional plans.
b) Employees in the bargaining unit shall be eligible to participate in the City's flexible and
voluntary benefits plans, which may be modified by the City from time to time. The flexible
and voluntary benefits plans shall be administered by the City.
Section 8.13 Pension. General Provisions: Should the actuary for the Miami Beach
Employees' Retirement Plan confirm that the City's actuarial required contribution is 23.5% of
pensionable payroll, then the additional two percent (2%) employee pension contribution levied
for all bargaining unit members hired prior to November 27, 2010 shall be eliminated. This
confirmation must be provided in writing through the annual actuarial valuation report provided
by the actuary for the Miami Beach Employees' Retirement Plan.
Effective upon ratification of this Agreement, for employees hired prior to February 21, 1994,
who participate in the MBERP, the employee pension contribution shall increase by 2% of
pensionable earnings, from 10% to 12% of pensionable earnings. Effective upon ratification of
the 2009-2012 Agreement, for employees hired on or after February 21, 1994, who participate
in the MBERP, the employee pension contribution shall increase by 2% of pensionable
earnings, from 8% to 10% of pensionable earnings.
Promoted employees may remain in Classified Plan.
The pension plan will provide that in a case where an employee who is thereafter promoted to a
position that is in the unclassified pension plan, the promoted employee may elect to stay in the
classified pension plan.
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The Miami Beach Employees' Retirement Plan (MBERP) is the pension plan for CWA
bargaining unit members, except for those employees who previously elected to remain in the
401-A retirement program (in lieu of participating in the City's pension plan). The current
benefits and member contributions provided by the MBERP shall remain in effect for the term of
this Agreement, except as follows:
10% Cap on Overtime for Plan Members Hired before February 21, 1994
For those employees in the Miami Beach Employees' Retirement Plan (MBERP) who were
hired before February 21, 1994, overtime included in pensionable earnings received after the
effective date will be limited to a maximum of 10% above the employee's highest pensionable
compensation, if applicable each year. Upon reaching the 10% maximum cap within a fiscal
year, any additional overtime earnings in that year shall not be subject to the pension
contribution.
Two Year Previous Service Purchase Option
The two year previous service purchase option shall be eliminated as of September 30, 2013,
for all CWA bargaining unit employees. Elimination of the two year previous service purchase
option is subject to the agreement of a similar provision by at least one of the remaining two
general employee bargaining units that participate in the Miami Beach Employees Retirement
Plan (MBERP), in the terms of their respective successor collective bargaining agreements.
Partial Lump Sum Distribution
A member who retires under normal retirement (as that term is defined by the GERS) shall be
allowed to convert 25% of the actuarial value of his/her pension benefit into a lump sum
distribution. For example, if the normal retirement benefit is equal to $2,000 per month, the
member may either receive $2,000 per month or the combination of $1,500 per month plus a
single lump sum equal to the actuarial value of the other$500.
This lump sum option shall not be available to early retirees, disability retirees, or beneficiaries
receiving pre-retirement death benefits.
The lump sum shall be calculated using the same discount rate and mortality rates used in the
most recent Actuarial Valuation Report for the GERS.
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Final Average Monthly Earnings (FAME)
The City and Union agree to change the creditable service component of the formula for
calculation of the FAME for current members from two (2) highest paid years of creditable
service to the five (5) highest paid years of creditable service as described below:
a) For those employees who participate in the MBERP and are at normal retirement
age or are 24 months or less from normal retirement age, as defined by
Ordinance 2006-3504 as amended, as of September 30, 2010, the Final Average
Monthly Earnings (FAME) is at one-twelfth (1/12) of the average annual earnings
of the employee during the two (2) highest paid years of creditable service.
b) For those employees who participate in the MBERP, and who are between 24
and 36 months from normal retirement age, as defined by Ordinance 2006-3504
as amended, as of September 30, 2010, the Final Average Monthly Earnings
(FAME) means one-twelfth (1/12) of the average annual earnings of the
employee during the three(3) highest paid years of creditable service.
c) For those employees who participate in the MBERP, and who are between 36
and 48 months from normal retirement age, as defined by Ordinance 2006-3504
as amended, as of September 30, 2010, the Final Average Monthly Earnings
(FAME) means one-twelfth (1/12) of the average annual earnings of the
employee during the four(4) highest paid years of creditable service.
d) For those employees who participate in the MBERP, and who are more than 48
months from normal retirement age, as defined by Ordinance 2006-3504 as
amended, as of September 30, 2010, the Final Average Monthly Earnings
(FAME) means one-twelfth (1/12) of the average annual earnings of the
employee during the five (5) highest paid years of creditable service.
Deferred Retirement Option Plan (DROP)
Subject to actuarial verification that extending the DROP period for employees hired prior to
ratification of the 2009-2012 Collective Bargaining Agreement does not result in an increased
cost to the City, effective July 1, 2013, all current and future employees participating in the
DROP shall be entitled to participate in the DROP for a maximum period not to exceed 60
months in total. Any employee who previously executed a form entitling him or her to enter the
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DROP for a period of less than (sixty) 60 months in total shall be given a one-time irrevocable
election, within 30 calendar days from the effective date of the conforming City ordinance
amending the DROP period as set forth herein, to execute a new form extending his or her
DROP period for up to 60 months in total.
Pending final ratification of this Agreement, any employee presently in the DROP whose DROP
would end after July 1, 2013, but before the final ratification date of the Agreement or effective
date enactment of the respective City ordinance amendment, shall be entitled to remain in the
DROP program until the earlier of such time as the employee executes a new form with a
revised DROP separation date, or 30 calendar days following the effective date of a conforming
City ordinance implementing the DROP extension provided herein. 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.
Bargaining Unit Members hired on or after the ratification of the 2009-2012 CWA Collective
Bargaining Agreement
The current benefits and member contributions provided by the MBERP shall remain in effect
for employees hired on or after the ratification of the 2009-2012 CWA Collective Bargaining
Agreement, except as follows:
1) The normal retirement date is age 55 with at least thirty (30) years of creditable
service, or age 62 with at least five (5) years of creditable service.
2) The early retirement date is the date on which the member's age plus years of
creditable service equal 75, with a minimum age of 55.
3) The Final Average Monthly Earnings (FAME) shall be an average of the highest
five (5) years of employment.
4) The benefit multiplier shall be two and one half percent (2.5%) multiplied by the
member's years of creditable service, subject to a maximum of 80% of the
member's FAME.
5) The retiree Cost of Living Adjustment (COLA) will be one and one half percent
(1.5%) per year, with the first adjustment deferred to one (1) year after the end of
the Deferred Retirement Option Plan (DROP).
6) The employee contribution will be 10% of salary.
CWA - 35
7) The standard form of benefit is a lifetime annuity.
8) Members who separate from City employment with five (5) or more years of
creditable service but prior to the normal or early retirement date shall be eligible
to receive a normal retirement benefit at age 62.
Reduction in Vesting Requirement for Employees Hired On or After February 21, 1994
The minimum vesting requirement for pension plan members hired on or after February 21,
1994, is 5 years of service.
Reduction in Normal Retirement Age for Employees Hired On or After February 21, 1994
The normal retirement age for pension plan members is as follows:
• For members hired prior to February 21, 1994, the normal retirement age is 50.
• For members hired on or after February 21, 1994 but prior to September 30, 2010, the
normal retirement age is age 55.
• For members hired on or after September 30, 2010, the normal retirement age is 62.
Other Requirements and Conditions
In order to be eligible for each of the above pension benefits, each employee must be actively
employed on the effective date of the benefit and must thereafter retire. All of the foregoing
pension changes shall apply prospectively, not retroactively. All other provisions of the MBERP
plan not specifically addressed in this Agreement shall remain unchanged.
Retiree Health Insurance
a) The parties agree that any bargaining unit member who previously elected or who elects
to participate in the 401-A retirement program (in lieu of participating in the City's
pension plan) shall be required to work at least ten (10) years before becoming eligible
for any retiree health benefits from the City.
b) The parties agree that any bargaining unit member who is eligible for retiree health
benefits from the City must make a one-time irrevocable election to continue receipt of
health benefits via the City's plan at the time that the employee terminates City
employment. The parties also agree that if a member initially elects to continue under
City health insurance, but thereafter discontinues or is discontinued from such coverage,
then the retiree may resume coverage only at their own expense, without any employer
contribution whatsoever.
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c) Employees hired on or after February 2, 2006, will be entitled to a City contribution
against the cost of continued health insurance coverage in the City's health insurance
plan after retirement (or separation) from City employment, as set forth in this section.
Any employee hired on or after this Agreement is ratified, who then remains employed
until reaching eligibility for normal retirement, and who elects to continue insurance
coverage under the City's health plan, shall upon receipt of normal retirement benefits
also receive an additional separate supplemental monthly stipend payment in the initial
amount of $10.00 per year of credited service, up to a maximum of $250.00 per month
until age 65, and $5.00 per year of credited service up to a maximum of $125.00 per
month thereafter. There shall be no other City contribution toward the cost of continued
health insurance coverage for such employees and this benefit shall be paid only during
the life of the retiree.
Section 8.14 Vacation Benefits. Consistent with applicable ordinances, the vacation benefits
enjoyed presently by the employees covered by this Agreement shall continue.
Section 8.15 Sick and Vacation Leave Accrual and Maximum Payment on Termination.
a) Employees shall be entitled to twelve paid days a year due to illness for themselves or
family members.
b) The present policy concerning sick leave, including the policy for payment of accrued
sick and vacation time combined, up to a maximum of one year's salary, upon
termination, retirement, or death, shall continue for all employees hired before October
1, 1978.
c) All employees hired after October 1, 1978 shall, under applicable ordinances, rules, and
regulations shall be allowed to accrue no more than 500 vacation hours effective
October 1, 2006, and except in accordance with provisions for postponement of vacation
leave as set forth in Article 8.14 of this Agreement; be permitted to transfer sick leave in
excess of 360 hours to vacation leave at the rate of two days' sick leave to one day
vacation leave to be used in the pay period year when transferred; be permitted a
maximum payment at time of termination, death, or retirement of no more than 620
hours (effective upon ratification of this agreement) vacation leave and one half of sick
leave to a maximum of 600 hours.
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Section 8.16 Public Safety.
1. Public Safety Communications Unit (PSCUI
a) Upon being certified by the Fire Chief as being fully qualified to dispatch both Police and
Fire calls, a Dispatcher will receive a three percent (3%) increase (in lieu of the prior
one-step increase) while assigned to PSCU. The City can require employees to
dispatch both Police and Fire calls. However, an employee hired before September of
1995 who is not already trained in both police and fire calls as of the April 8, 2002, can
continue to dispatch either fire or police calls;
b) Effective upon ratification of this agreement, Dispatchers, Communication Operators,
and Complaint Operator II's who are designated as certified training officers shall
increase from one to two dollars per hour for all hours worked in a training capacity. All
employees who express an interest and whose last performance evaluation was
satisfactory shall be considered eligible for certification as a CTO. Generally, an
employee without CTO certification shall not be required to perform in a training capacity
unless a CTO is not available. However, if a Non-CTO is mandated to train, he/she will
also receive the stipend.
2. Police
a) Crime Analyst Specialist— Effective upon ratification of this agreement, the pay grade for
Crime Analyst Specialist will change from H26 to H32.
3. Pool Guards
a) WSI Certification —Effective upon ratification of this agreement, WSI certified Pool
Guards will be paid $300 per year.
4. Marine Pay
a) Effective upon ratification of this agreement, any bargaining unit member who is
assigned or scheduled to work on the Ocean Rescue Emergency Vessel shall receive
assignment pay of 2.5% added to their base hourly rate of pay.
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Section 8.17 Enforcement
1. Code Compliance
a) The City will send Code Compliance Officer I employees to "FACE Level 1" training
and, if certified, to "FACE Level 2" training within the first 18 months of employment.
Employees who successfully complete both trainings will be promoted to Code
Compliance Officer II after 30 months of continuous employment as a Code Compliance
Officer I.
b) Effective upon ratification of this agreement, Code Compliance Officer I pay range will
be increased from H26 to H27. Effective upon ratification of this agreement, any Code
Compliance Officer I employee whose pay is less than the H27 minimum will receive a
pay increase to the H27 minimum. This adjustment will be reflected in any merit pay
awarded for Fiscal Year 2017.
c) Effective upon ratification of this agreement, Code Compliance Officer II pay range will
be increased from H28 to H31. Effective upon ratification of this agreement, any Code
Compliance Officer II employee whose pay is less than the H31 minimum will receive a
pay increase to the H31 minimum. This adjustment will be reflected in any merit pay
awarded for Fiscal Year 2017.
d) Effective upon ratification of this agreement, Code Compliance Officer I and Code
Compliance Officer II who are designated by the Code Compliance Director as certified
training officers shall receive two ($2) dollars per hour for all hours worked in a training
capacity. All employees who express an interest and whose last performance evaluation
was satisfactory shall be considered eligible for certification as a CTO. Generally, an
employee without CTO certification shall not be required to perform in a training capacity
unless CTO is not available. However, if a non-CTO is mandated to train, he/she will
also receive the stipend.
2. Parking Department
a) Effective upon ratification of this agreement, Parking Meter Technician I pay range will
be increased from H23 to H25.
b) Effective upon ratification of this agreement, Parking Meter Technician II pay range
will be increased from H25 to H27.
c) Effective upon ratification of this agreement, Parking Enforcement Specialist I and
CWA - 39
Parking Enforcement Specialist II who are designated by the Parking Director as
certified training officers shall receive two ($2) dollars per hour for all hours worked in a
training capacity. All employees who express an interest and whose last performance
evaluation was satisfactory shall be considered eligible for certification as a CTO.
Generally, an employee without CTO certification shall not be required to perform in a
training capacity unless CTO is not available. However, if a non-CTO is mandated to
train, he/she will also receive the stipend.
Section 8.18 Perfect Attendance Bonus. Employees who perform the full scope of their
regularly assigned classification for each fiscal year shall receive a lump sum bonus of $300.00
(non-pensionable earnings) provided that they have not used sick leave or been absent for any
reason that was not authorized at least 48 hours in advance. An employee will also be allowed
two (2) incidents of tardiness and one (1) emergency vacation. Employees out on ISC will not
be eligible for the perfect attendance bonus. Religious/Sick and Bereavement/Sick shall not be
counted against employees under this section.
Section 8.19 Lead Person. An employee in the Carpenter, Electrician, Painter, Plumber, and
Air Conditioning Mechanic positions in the Property Management Division will receive a five
percent (5%)supplement for Lead pay if the following conditions are met:
a) The employee is in charge of a construction project,
b) The construction project consists of four(4) or more employees,
c) The Lead Person will have three (3) years of experience in his/her position with
the City of Miami Beach,
d) The Lead Person will have most recent three (3) years of performance appraisals
of 75 or above.
Section 8.20 Union Conventions. Two (2) delegates of the Union will be granted a leave of
absence with pay, not to exceed two (2) weeks in any one year, for the purpose of attending
State and International conventions. The Union will provide the City with the name(s) of the
delegate(s) and provide the dates and locations of any such conventions for which a leave of
absence is requested six (6) weeks in advance of the convention so that the department can
make appropriate arrangements. This time shall not be deducted from the Union time bank.
Section 8.21 Orientation. The union shall have the right to send two of the four designated
Union representatives, authorized with pay pursuant to the Union Time Bank for time he/she
would have otherwise been working to attend and participate in new employee orientation
CWA - 40
conducted by Labor Relations and Human Resources where bargaining unit members are
present.
Section 8.22 Educational Leave and Tuition Reimbursement. The City's tuition
reimbursement program shall be continued for the term of this Agreement.
Section 8.23 Property Management License(s) Maintenance — (Required continuing
education/certification for current position) Employees in the Property Management Division
who in order to maintain their licenses as required in their job descriptions, and have to attend
continuing education classes shall be paid their straight hourly wages for all required hours up
to 20 hours a year: provided that no additional pay shall be made to the employees if the
training is provided by the City during regular work hours. Any hours spent attending training
under this section shall count as hours worked.
Section 8.24 EMT Certification. Lifeguard I, Lifeguard II, Lifeguard Lieutenants, and Full-time
Pool Guards who were receiving an Emergency Medical Technician (EMT) Certification Pay
supplement on September 29, 2012, shall continue to be eligible to receive the equivalent dollar
value of the amount that they were receiving for said EMT Pay supplement. Qualifying
employees shall receive this pay supplement on a biweekly basis provided that they have
continuously maintained their (EMT) certification by the State of Florida. This benefit shall be a
flat-rate, non-compounding dollar value.
Effective upon ratification of this agreement, all Lifeguard I, Lifeguard II and Lifeguard
Lieutenants employees hired on or after September 30, 2011 shall be required to have and
maintain an Emergency Medical Technician (EMT) certification issued by the State of Florida
prior to being hired by the City of Miami Beach and shall be entitled to receive a one and one
half percent (1.5%) EMT Certification Pay supplement calculated on their base pay
Section 8.25 Paid Parental Leave. Effective upon ratification of this agreement, the City's
current paid parental leave program will be available to bargaining unit members.
CWA - 41
ARTICLE 9
GENERAL PROVISIONS
Section 9.1 Discrimination. - In accordance with applicable federal, state, and local law, the
City and the Union agree not to discriminate against any employee on the basis of race, creed,
color, religion, disability, sex, national origin, age, sexual orientation, marital status or political
beliefs.
Section 9.2 Meetings Between Parties. - At the reasonable request of either party, the Union
President, or his/her representative, and the City Manager's designee for Labor Relations, or
his/her representative, shall meet at a mutually agreed time and place to discuss matters of
concern. Whenever time permits, the party requesting the meeting shall submit written notice of
the subject matter to be discussed. Such notice shall be submitted one week in advance of the
proposed meeting date. Whenever the Union President, or his/her representative, makes
suggestions or recommendations to the City Manager, or his/her designee for Labor Relations,
specifically concerning productivity of job safety, the City Manager, or his/her designee for Labor
Relations, will respond as appropriate.
Section 9.3 Reduction in Work Force. - When there is a reduction in the work force,
employees will be laid off in accordance with their length of service and their ability to perform
the work available. When two or more employees have similar ability, the employee with the
least amount of service will be the first one to be laid off.
Section 9.4 Work Rules. - The City will provide the Union with a copy of any written rules that
are instituted or modified during the term of this Agreement affecting employees in the
bargaining unit. In the event the City desires to alter, amend, or modify existing written work
rules, or promulgate new written work rules, the proposed changes will be submitted for review
to a joint labor/management committee. The City shall have two (2) representatives and the
Union shall have two (2) representatives on this committee, which will make recommendations
to the City Manager. The proposed changes shall not become effective until a final decision of
the City Manager has been rendered. No Personnel Rule, Work Rule or any other rule, or
application thereof shall in any manner conflict with any provisions of this agreement, and such
rules shall be reasonable.
CWA - 42
Section 9.5 Probationary Employees. - A probationary employee who is dismissed without
cause shall have the right to discuss with the appointing officer the reasons for such dismissal at
a mutually agreed to time. Following such meeting, a probationary employee, if he/she so
desires, shall have the right to further review the reasons for such dismissal with the City
Manager or his/her designated designee for Labor Relations at a mutually agreed to time. It is
expressly understood, however, that the appointing officer retains the exclusive discretion with
respect to the retention or dismissal of probationary employees.
Periods of absence shall cause the probationary period to be extended for an equal amount of
time. At the request of the appointing authority, the City Manager, or his/her designee for
Human Resources may extend the probationary period for up to three (3) additional months
provided that the reasons for extension are given to the employee in advance of the expiration
of the initial probationary period. The City acknowledges the importance of giving timely
performance appraisals and feedback to probationary employees.
Section 9.6 "Temporary Employees". - The City shall have the unrestricted right to hire
"temporary" employees in the bargaining unit.
Such "temporary" employees shall be paid at rates set in the sole discretion of management.
"Temporary" employees may not work in a classification wherein a permanent Civil Service
employee is laid off. "Temporary' employees shall not be covered by Civil Service or
Personnel Board Rules, and they shall serve at the will of their employer without right of appeal
or access to the grievance procedure contained herein, and they shall not receive any fringe
benefits or pension benefits. Terminated "temporary" employees may be re-hired if their
separation is under honorable circumstances.
Regarding temporary positions, it is understood that those positions were not limited to, but
could be used to develop a cadre of employees who, on short notice, could serve as backup for
regular employees or for such things as vacancies caused by absences due to maternity,
military leave, sick leave, off-duty injury, on-duty injury, and work overload. The examples cited
herein are not meant to be all inclusive.
It is further recognized that employees who retire "in good standing" who may be interested in
working on a temporary, part-time basis, and should temporary work become available, the
retired employees will have the opportunity to make application for one of the temporary
CWA - 43
positions. Such part-time positions shah not be covered by Civil Service rules or regulations,
will have no fringe or pension benefits, and the salary shah be at a rate determined by the City.
Further, the temporary employees shall not have a choice of picking schedules, but will be
assigned by the City's management on an as needed, when needed, basis.
Section 9.7 Political Activities of Employees. - Except as provided by State law and City of
Miami Beach Personnel Rule 1, (b), the City shall not make, adopt or enforce any rule,
regulation or policy;
a) Forbidding or preventing employees from engaging or participating in politics
or from becoming candidates for public office;
b) Controlling or directing or tending to control or direct the political activities or
affiliations of employees.
It is understood that no political activities may be conducted by unit members during the
employee's scheduled work day.
Section 9.8 Safety. - The City agrees to provide, at no cost to the employee, any appropriate
safety equipment required to be worn or otherwise utilized by the employee. This shall include
such items as hard hats, gloves, etc. Those employees issued such equipment will be
responsible for such safety equipment, and any loss or damage due to the neglect of the
employee may require the employee to pay for the replacement of said City-issued equipment.
a) The City agrees to provide, upon request, up-to-date, non-glare screens
for computer terminals.
b) The City shall evaluate and provide, upon request, a wrist rest, which will
help alleviate the stress upon the hands and arms of those employees
performing repetitive motion, to all persons who type more than 50% of
their workday.
c) The City shall provide in each lifeguard stand a modern voice amplifier
(bullhorn) to be used in providing safety.
d) The City will agree to provide safety training to all Parking Enforcement
employees as deemed appropriate by the City and Union.
CWA - 44
e) The Union is encouraged to have its members volunteer to serve on the
Department Safety Committees that are being organized in each City
Department. The bargaining unit member serving on the City's Safety
Committees will not suffer any loss of benefits or wages for attendance at
regularly scheduled meetings during regular scheduled work time. No
overtime will be paid for attendance at such meetings.
f) If there is a central, Citywide Safety Committee, the Union's President
may be a member if he/she so requests.
g) Upon request by an employee, the City Manager's designee for Risk
Management shall audit the employees' work environment for correct
ergonomic functionality and shall make reasonable and appropriate
corrections.
Those employees issued such equipment will be responsible for such safety equipment, and
any loss or damage due to the neglect of the employee may require the employee to pay for the
replacement of said City-issued equipment.
Section 9.9 Parking. - The City shall provide seventeen (17) parking spaces at a lot
comparable to Lot 11 for the exclusive use of on-duty Lifeguards. Such parking spaces shall be
clearly marked. This Section may become moot if the Lifeguards are able to work out a
reporting system that would allow them to proceed directly by their private vehicles to their
respective lifeguard stands.
Section 9.10 Glasses and Hats. — Effective upon ratification of this agreement, the City
agrees to reimburse Lifeguards; Pool Guards I and II; Code Compliance Officers I, II, and
Administrators; and Parking Enforcement Specialist I and II for the purchase and/or repair of
sunglasses up to a maximum allowable reimbursement of $ $125.00 per employee in each
fiscal year.
In order to be reimbursed, the employee must request a reimbursement, in writing, and attach a
store receipt reflecting such purchase and/or repair.
Section 9.11 Notification in the Event of Transfer or Contracting Out. - When the City
contemplates entering into a contract with an outside supplier or service agency to perform
services presently being performed by the Bargaining Unit employees and such contract shall
CWA - 45
result in the lay-off of any bargaining unit employee, the City agrees that it will, upon written
request, meet and discuss with the representatives of the Union the effect of such contract upon
members of the Bargaining Unit.
If the City enters into such a Contract and, as a result thereof, an employee will be laid off, the
City agrees to ask the Contractor to provide first consideration for such employee for any
available work.
In the event that the employee is not employed by the Contractor, the City will offer such
employee another available job with the City, if there is a budgeted vacancy and the employee
affected by the subcontracting is qualified to perform. Questions of qualification to perform the
job duties shall be decided in the sole discretion of the City Manager, or his/her designee for
Human Resources.
If there are no jobs available, the Reduction in Force provision contained in this Agreement shall
apply, provided that such laid-off employee shall be recalled to work before the City hires new,
permanent employee to perform the work of the classification held by the employee at the time
of the layoff.
This recall right shall exist for up to the individual's total service time with the City, but not to
exceed one (1) year after the date of the person's layoff date, but such recall right shall cease
as of one (1) year after layoff, or if the employee does not return to work as scheduled if
he/she is offered a recall notice prior to the one (1) year.
It shall be the responsibility of the laid-off employee to notify the Human Resources Department
when technical skills, training, and experience have been enhanced during the lay-off period,
which may allow the individual to apply for another bargaining unit job with the City.
Nothing in this Section will be construed to limit the Union's right to bargain concerning the
identified impact or effects of subcontracting out or transferring upon Bargaining Unit members.
Section 9.12 Stress Reduction/Police Department's Public Safety Communications Unit -
Those employees covered by this Agreement who work in the Miami Beach Police Department
Communications Unit, will be given a stress reduction training program provided by the City.
Such stress training will be a one-day stress seminar as given to sworn officers.
CWA - 46
Section 9.13 Bulletin Boards - The Union may, at its own expense, place a bulletin board in
each department, not to exceed approximately three feet by two feet (3' x 2') in size. The
Bulletin Boards shall be used for posting the following notices only:
a) Notices of Union Meetings.
b) Notices of Union Elections.
c) Reports of Union Committees.
d) Recreational and Social Affairs of the Union.
e) Any material of informational nature related to CWA.
Prior to posting, the material as described above shall be signed by an elected officer of the
Union and submitted to the City Manager's designee for Labor Relations, for signature.
Materials, notices or announcements which contain anything political or controversial that might
reflect upon the City, any of its employees, or any other labor organizations among its
employees, or any materials, notices, or announcements which violate any of the provisions of
this Section, shall not be posted.
Any materials that are posted which are not in conformance with this Section may be removed
at the discretion of the City.
CWA - 47
Section 9.14 Seniority
a) Definition: Seniority, for purposes of application of this Agreement except as otherwise
stated is an employee's length of regular, full-time, continuous service with the City.
Continuous service refers to ongoing, unbroken service with the City. The parties agree
that a voluntary resignation, retirement, or involuntary separation from employment with
the City, such as termination for cause or a layoff, will interrupt continuous service and
thus break that individual's seniority. The parties further agree that seniority is
aggregated for all full time service only, even if an employee moves to part time status,
so long as employment is regular and continuous. For example, if an employee works
full time for five (5) years, is reduced to part-time status for six (6) months, and then
resumes full time status for another six months, at the end of the six (6) years of
employment that employee will have five and one half(5 %)years of seniority.
Regular signifies the satisfactory completion of the probationary period following a
probationary appointment or promotion and immediately preceding a regular
appointment. Regular employment means ongoing employment of an indefinite nature
and not work performed as a temporary employee, seasonal employee or independent
contractor.
Full Time means an employee regularly scheduled to work no less than 40 hours a week
as defined in Section 7.3, Normal Workweek, of this Agreement.
For the purposes of seniority, compensated leave time, including but not limited to
vacation, bereavement and sick time, all ISC (Injury Service Connected) time, and all
approved Family Medical Leave Act (FMLA) leave (paid or unpaid), shall be counted as
`regular, full time, continuous' service upon the employee's return to his/her job. Any
time that an employee is AWOL or on any other form of unpaid absence, including sick
lime during probationary period or unapproved leave shall not be credited toward an
employee's "regular, full time, continuous' service.
b) When vacations are scheduled, permanent vacancies or shifts are filled, promotions are
made to a position within the bargaining unit, seniority shall apply when all other factors
are equal. Seniority will not apply in an emergency situation.
c) In the event of same day hiring, seniority rank shall be determined in the order of
standing on the eligibility list.
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Section 9.15 Shoes.
Safety Shoes - Employees in the following job classifications will be required to wear safety
shoes during all working hours. Effective October 1, 2013, and each October thereafter, a
safety shoe certificate will be provided to those employees in the following job classifications for
the purchase of safety shoes meeting ASTM F2413-05 Federal Safety Standards.
Employees in the following classifications will make their safety shoe selection from a list of
safety shoes, which will be developed by the Shoe Safety Committee comprised of two (2)
Union representatives and two (2) Management representatives.
Air Conditioning Mechanic Engineering Assistant I, II, Ill
Building Inspector Mason
Carpenter Masonry Helper
Carpenter II Mechanical Inspector
Coin Room Money Handler Painter
Electrical Inspector Parking Meter Technician I, II
Electrician Plumber
Elevator Inspector Plumber Inspector
Reporting to work without the required safety shoes shall result in the employee being sent
home without pay, immediately, for the balance of the day and may result in disciplinary action.
Uniform Shoes— Effective October 1, 2013, and each October thereafter, a shoe certificate will
be provided to those employees in the following job classifications for the purchase of shoes.
Those employees in the following classifications will make their shoe selection from a list of
shoes, which will be developed by the Shoe Safety Committee comprised of two (2) Union
representatives and two (2) Management representatives.
Code Compliance Administrator Dispatcher Trainee
Communications Operator Parking Enforcement Specialist I
Complaint Operator II Parking Enforcement Specialist II
Crime Scene Technician I Property Evidence Technician I
Crime Scene Technician II Property Evidence Technician II
Code Compliance Officer I & II Public Safety Specialist
Dispatcher
Reporting to work without the required uniform shoes shall result in the employee being sent
home without pay, immediately, for the balance of the day and may result in disciplinary action.
CWA - 49
Section 9.16 Labor/Management Committee. - There shall be a four (4) member
labor/management committee with two (2) members each appointed by the CWA President and
the City Manager or his/her designee for Labor Relations. The committee shall meet at mutually
agreed times to discuss matters of common interest such as critical incident debriefing,
absenteeism control, etc. The labor/management committee is not a forum for collective
bargaining or resolving specific grievances. Labor Management Committee meetings shall not
count against the Union Time Bank.
Section 9.17 Promotions. - Within 120 days of the date the Agreement is ratified by the City,
the Labor-Management Committee will meet to discuss selection procedures relative to
promotions of bargaining unit employees to other bargaining unit positions.
Section 9.18 Beach Patrol Promotions. -The parties agree as follows:
1) To be eligible, applicants must possess at the time of application, and maintain, the
Florida Emergency Medical Technician (EMT) Certification.
2) During the first promotional opportunity for Lifeguard II and Lifeguard Lieutenant
subsequent to ratification of this Agreement, applicants who are not EMT certified shall
be eligible to apply for the promotional exam. If promoted, the employee shall have 12
months from his/her promotional date to obtain such certification. Should the employee
fail to obtain his/her EMT Certification, the employee will not be eligible to retain regular
status in the promotional classification nor will he/she be eligible to maintain his/her
promotional rank. The employee shall be demoted to his/her previously held
classification.
3) Eligible applicants for promotional exams shall be given a written examination.
4) Lifeguards must have passed their last bi-annual swim test of 550 yards under 10
minutes in order to apply for the promotional exam.
5) Applicants must have received at least a satisfactory evaluation in each element of their
most recent performance review to be eligible to take the promotional examination.
6) The written tests shall be developed under the direction of Human Resources. The
reading list for examination materials from which the questions are drawn will be set by
CWA - 50
the City Manager's designee for Human Resources after consultation with the
Department Director and the Union. Any reading lists will be posted at least thirty (30)
days prior to the administration of such tests. A copy of an examinee's graded answer
sheet shall be furnished to the examinee upon completion of the grading, if requested.
All challenges of questions on the written tests must be made in writing to the City
Manager's designee for Human Resources within two (2) working days of the testing
dates and he/she shall conclusively decide the challenge.
7) Promotional lists shall expire two (2) years after the posting of the results of a
promotional test or where lists have been combined, two (2) years after the combining of
the old and new lists.
8) The rule of three will be used in selecting candidates for promotion. The City must
promote from the top three eligible candidates on a valid promotional list. As a
promotion is made candidates move up the list.
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ARTICLE 10
DRUG AND ALCOHOL TESTING
Section 10.1.
The City and the CWA recognize that employee use of illegal substances, abuse and misuse of
controlled substances, and alcohol abuse have an adverse impact on City government, the
image of City employees, the general health, welfare and safety of employees, and the public at
large. To demonstrate the commitment by the City and the CWA, employees shall be subject to
random drug and alcohol testing, and reasonable suspicion testing.
Those employees who have a CDL license and are in the CDL Drug Testing Pool will not be a
part of the CWA Drug Testing Pool since the employees who hold a CDL license are already
being randomly tested.
All random and reasonable suspicion testing protocols shall comply with Title 49 Code of
Federal Regulations, Part 40.
Section 10.2.
Using, selling, possessing or being under the influence of illegal drugs while on or off-duty is
prohibited. Employees are further prohibited from consuming alcohol on-duty and/or consuming
or abusing alcohol off-duty to the extent that such use and/or abuse may have an effect upon
the performance of job functions.
The use of controlled substances is permitted only when prescribed by a licensed health care
provider and properly used by the employee/patient. Misuse or abuse of prescribed controlled
substances is prohibited.
If a test result for a controlled substance is positive, the employee shall be solely responsible for
providing the Medical Review Officer (MRO) with the prescription number and the name and
telephone number of the pharmacy where the prescription was filled. A new or back-dated
unfilled prescription shall not be accepted.
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The City's current 10-panel drug test and cut-off levels are as follows:
Initial Test GC/MS Confirm
Drug
Level Test Level
Amphetamines 1000 nq/ml 500 nq/ml
Barbiturates 300 nq/ml 150 nq/ml
Benzodiazepines 300 ne/ml 150 nq/ml
Cocaine metabolites 300 nq/ml 150 nq/ml
Marijuana metabolites 50 nq/ml 15 nq/ml
Methadone 300 nq/ml 300 nq/ml
Methaqualone 300 nq/ml 150 nq/ml
Methylenedioxvamphetamine 500 nq/ml 250 nq/ml
DADA)Analogues
Opiates 2000 nq/ml 2000 nq/ml
Phencyclidine 25 ng/ml 25 nq/ml
Propoxyphene 300 nq/ml 150 nq/ml
In the case of an alcohol test, a result of 0.04 or greater constitutes a positive result. A
confirmation breathalyzer test shall be administered following the initial test in accordance with
the procedures in Title 49 Code of Federal Regulations, Part 40.
Section 10.3. Drug/Alcohol Random Screening.
Urine analysis shall be administered to test for unlawful drugs and controlled substances.
Breathalyzer testing shall be administered to test for alcohol. If the employee is or claims to be
unable to provide an adequate sample, a blood test will be performed. Any refusal by an
employee to consent to the blood test will result in a positive result. Employees shall be selected
using a random selection process and shall be tested during their normal tour of duty.
Employees will be selected for testing from a blind list by the Human Resources Director or
his/her designee.
Section 10.4. Drug/Alcohol Reasonable Suspicion Testing.
The City Manager, Assistant City Managers, Department Directors, or in the Department
Director's absence, the appropriate Assistant Director or Division Director, may direct an
employee to submit to a urine analysis and breathalyzer, when there is reasonable suspicion
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that an employee is under the influence of or using alcohol, drugs or controlled substances on-
duty, on an off-duty detail and/or when the employee has caused, contributed to or been
involved in an accident (i.e., while operating a City vehicle whether on-duty or off-duty). If the
employee is or claims to be unable to provide an adequate sample, a blood test will be
performed. Any refusal by an employee to consent to the blood test will result in a positive
result. All reasonable suspicion tests must be coordinated through the Employee Relations
Manager who is available 24/7 for this specific function.
Section 10.5. Positive Drug and/or Alcohol Test Results.
The parties agree that positive results to random or reasonable suspicion drug or alcohol tests
with no legitimate medical explanation, or in violation of the terms and conditions set forth in this
Agreement, shall result in the employee's termination from employment. The employee may
grieve said discipline through the contractual grievance/arbitration process.
Section 10.6. Refusal to Submit.
The parties agree that an employee's refusal to submit (which includes adulterating a specimen
or submitting a false specimen) to drug or alcohol testing in accordance with the provisions of
this Article shall result in the employee's termination. The employee may grieve said discipline
through the contractual grievance/arbitration process.
Section 10.7 Last Chance Agreement.
Employees testing positive may be offered the opportunity to enter into a "Last Chance
Agreement". Offering an employee a last chance agreement in 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 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 11
ENTIRE AGREEMENT
The Union acknowledges that during negotiations resulting in this Agreement, it had the right
and opportunity to make demands and proposals with respect to any and all subjects not
removed by law from the area of collective bargaining and that the complete understanding and
agreements arrived at by the parties after exercise of that right and opportunity are set forth in
this Agreement. Therefore, the Union waives the right, during the term of this Agreement, to
bargain collectively with respect to any subject or matter referred to or covered in this
Agreement, and it particularly waives the right to bargain (except impact bargaining) over the
City's exercise or any of its managements rights set forth in Article 6 of this Agreement, e.g.,
changing work hour schedule, transferring employees, laying off employees, etc.
This Agreement may be amended by mutual agreement of the parties but any amendments
must be in writing and signed by duly authorized representatives of the parties before it will be
effective.
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ARTICLE 12
SAVINGS
If any provisions of this Agreement are subsequently declared by the proper legislative or
judicial authority to be unlawful, unenforceable or not in accordance with applicable statutes or
ordinances, all other provisions of this Agreement shall remain in full force and effect for the
duration of this Agreement. Upon issuance of such a decision or declaration which is not
appealed by either party, the parties shall, following a request by either party, negotiate in good
faith on a substitute article, section or portion thereof.
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ARTICLE 13
TERM OF CONTRACT
This agreement shall be become effective upon City Commission approval, and shall remain in
effect until the 30th day of September 30, 2016. It shall be automatically renewed thereafter
from year to year unless either party shall notify the other in writing sixty (60) days prior to the
anniversary date that it desires to modify this Agreement. In the event such notice is given,
negotiations shall begin no later than thirty (30) days prior to the anniversary date of the
Agreement.
The parties also understand and agree that Article 8.1 (Wages) shall become effective the first
full payroll period commencing after October 1, 2017; and that Article 7.4 (Compensatory Time
and Holidays as time worked); Article 8.2 (Shift Differential); 8.10 (Tool Allowance); 8.16 1(b),
2(a), 3(a) and 4(a) (Public Safety); 8.17 1(b), (c), (d), 2(a), (b), and (c) (Enforcement); 8.25 (Paid
Parental Leave) and 9.10 (Glasses and Hats) shall be effective upon ratification of this
Agreement by the parties.
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COMMUNICATIONS WORKERS OF AMERICA CITY OF MIAMI BEACH
BY: & .1 4 A' . .4 A..— By: J C
Richard McKi anon TL my L. .rales
CWA President •'[1 Manager ,,/
Executed on: (pRi.,)0/ Execut.d on: L{t't'tb
Date Date
Approved by vote of the City Commission, :Ls b , 2018. C e 7J)
an Gelber ——
Mayor
ATTEST:
1/
Rafael E. Granado
City Clerkt'-
d Y
1 ,
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RATIFICATION
This Agreement was ratified on 6/1" , 2018 by a majority vote of bargaining unit members represented by
Communications Workers of America (CWA), employed by the City of Miami Beach.
Attesting to the above are CWA Local 3178's Negotiation Team members:
Attesting to the above are CWA Local 3178's Negotiation Team members:
n
QUU n t
.vf/h(�A'1 Gri
Richard D. McKinnon, Pre ident & Chief Negotiator
IA
Mr Jr, e Coney, Chairwom. (Section 1
Jonathan Sinkes, Chairman - Section 2
Julio Esp o� n -- Section 3
Manuel Villar, Chairman - Section 4
043/4
Osvaldo Garcia Jr, Chairman - Section 5
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APPENDIX A
Exhibit#1
Classification/Compensation Plan
Classification Range Classification Range
Clerk H15 Complaint Operator II I26
Coin Room Money Handler H16 Financial Specialist II H26
Clerk Typist H17 Carpenter I H27
Code Compliance Officer I H27
Masonry Helper H18 Dispatcher H27
Engineering Assistant!! H27
Account Clerk I H2O Mason H27
Admin Aide I H2O Parking Meter Technician II H27
Data Entry Clerk 1620 Property Evidence Tech II H27
Duplicating Equip Operator H2O
Permit Clerk I H2O Carpenter II 1628
Police Records Technician H2O
Revenue Processor I H2O Commission Reporter II H28
Financial Specialist III H28
Parking Enforcement Spec I H22 Police Fleet Specialist H28
Account Clerk!! H23 Planning Technician H29
Meter Analyst H23
Engineering Assistant III H30
Permit Clerk II H23 Field Inspector II H30
Property Evidence Tech I H23
Public Safety Specialist H23 Code Compliance Officer II H31
Revenue Processor!! H23 Crime Scene Technician I H31
Police Photographer I31
Admin Aide II H24
Admin Secretary H24 Crime Analysis Specialist H32
Buyer 1-124
Engineering Assistant I H24 Air Conditioning Mechanic H34
Field Inspector I H24 Code Compliance Admin. H34
Financial Specialist I H24 Crime Scene Technician II H34
Painter H24 Building Inspector H34
Parking Dispatcher H24 Electrical Inspector H34
Electrician H34
Account Clerk III H25 Elevator Inspector H34
Admin Asst I H25 Engineering Inspector H34
Communications Operator H25 Mechanical Inspector H34
Dispatcher Trainee H25 Plumber H34
Parking Enforcement Spec II H25 Plumbing Inspector H34
Parking Meter Tech I H25 Pool Guard I H50
Pool Guard II H52
Commission Reporter I H26 Lifeguard I 1652
Lifeguard II H56
Lifeguard Lt. H58
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Exhibit#2
Classification/Compensation Plan— Reflects 3% COLA effective October 2
2017
Range Min Max Range Min Max
H15 Annual $32,980.49 $47,765.59 H32 Annual 54,511.73 $86,121.78
H16 Annual 33,969.92 549,198.56 H33 Annual 56,692.19 $89,566.65
H17 Annual 34,989.02 50,674.52 H34 Annual $58,959.89 $93,149.31
H18 Annual $36,038.67 $52,194.77 H35 Annual $61,318.28 $96,875.29
H19 Annual 37,119.84 $53,760.60 H36 Annual $63,771.02 $100,750.29
H2O Annual 38,233.44 $55,373.41 H37 Annual 66,321.85 $104,780.30
H21 Annual 39,380.44 $57,034.60 H50 Annual 42,005.24 $61,426.77
H22 Annual 40,561.85 $58,745.65 H51 Annual $43,265.41 $63,883.83
H23 Annual 41,778.70 60,508.02 H52 Annual $44,563.36 $66,439.18
H24 Annual $43,032.07 $62,928.33 H53 Annual $45,900.26 $69,096.76
H25 Annual $44,323.03 $65,445.48 H54 Annual $47,277.27 $71,860.63
t{24 Annual $45,652.72 $68,063.30 H55 Annual $48,695.60 574,735.05
H27 Annual $47,022.30 $70,785.82 H56 Annual $50,156.38 $77,724.33
H28 Annual 1 $48,432.97 $73,617.26 H57 Annual $51,661.14 $80.83344
H29 Annual I $49,885.96 $76,61.95 H58 Annual $55,339.57 $84,066.85
H30 Annual $51,382.53 $79,624.43 H59 Annual $57,553.00 $87,429.44
H31 Annual $52,924.01 82,809.40 H60 Annual $59,855.12 $90,926.60
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APPENDIX B
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CITY OF MIAMI BEACH
BARGAINING UNIT GRIEVANCE PROCEDURE FORM
UNION GRIEVANCE #: LABOR RELATIONS GRIEVANCE #:
Instructions: Spaces 1-9 should be printed so that the same information appears at all steps. The lower
portion is to be completed at each step.
1. Bargaining Unit : COMMUNICATIONS WORKERS OF AMERICA(CWA) - LOCAL 3178
2. Date Grievant(s) became aware of the alleged 3. Grievant's Name(s) &Classification(s):
violation(s):
4. Grievant's Department/Division & Telephone 5. Grievant's Immediate Supervisor & Telephone
Ext. ( ): Ext. ( ):
6. Statement/Nature of Grievance:
7. Contract Article(s)Alleged Violated:
8. Suggested Adjustment:
9.
Grievant's Signature Date
10.
Union Representative's Signature Date
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TO BE COMPLETED, SIGNED IN BLUE INK AND PRESENTED AT EACH STEP
Step 1 - Presented by(signature/title) Received by (signature/title)
Date: Date:
STEP 1 - RESPONSE (from DIVISION to PRESENTER)
Grievance Denied (state why): Grievance Resolved (state how):
(Signature/title) Date:
Step 2- Presented by(signature/title) Received by(signature/title)
Date: Date:
STEP 2 - RESPONSE (from DEPARTMENT to PRESENTER)
Grievance Denied (state why): Grievance Resolved (state how):
(Signature/title) Date:
Step 3 - Presented by(signature/title) Received by (signature/title)
Date: Date:
STEP 3 - RESPONSE - Reply from City Manager's designee/Labor Relations is attached
(Signature/title) Date:
ARBITRATION REQUEST Date Received by(signature/title) Date
Presented by(signature/title)
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