Agreement with CWA Oct 1, 2018 - Sep 30, 2021 • - • • 20;51g-3t e-16.
A G R E.EM:E:NT
-. Between en
- • CITY OF MIAMI BEACH, FLORIDA
MIAMIBEACH
• • • _ • • • • • . and
• COMMUNICATIONS WORKERS-OF AMERICA.(CWA)• • • . • • . ' • •
• .LOCAL CAL 3178. •- • . - - .
1
. ._ Period'Covered .
- • . . • October 1, 2018 to Se•ptember.30, 2021. • . • • _ • • - ' •
• I . .
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 24
Section 7.7 Rest Periods 25
Section 7.8 ; Reporting Pay 26
Section 7:9 Come Back Pay
26
Section 7:10 Standby Time 26
Section.7:11 Clean-Up Time
26
Section 7,12 No.Pyramiding 26
Section 7:13'' Essential Personnel(Hurricane Pay)
26 . .
ARTICLE 8-Wages and Fringe Benefits
Section 8.1 : Wages
28
Section 8.2 Shift Differential 29
Section 8.3 Holidays ) 30
Section 8.4 . Bereavement Leave 30.
Section 8:5 Rate of Pay When Working Out of Classification :
30
Section 8.6 . Asphalt License Training.and Certification 31
Section 8.7. Voting Time 31
Section 8.8 Meal Allowance 31
Section 8:9 Jury Duty
31
Section 8.10 Tool Allowance.
\
31.
Section 8.11 Uniform Provision 31
Section 8.12 Insurance 32
Section 8:13 Pension 33 . .
Section 8.14 Vacation Benefits 38
Section 8.15 Sick&Vacation Leave Accrual,and.Maximum Payment on Termination 38
Section 8.16 Public Safety 39
Section 8.17 : Enforcement 42
Section 8,18 Perfect Attendance Bonus 43
Section 8.19 Lead Person 43
Section 8.20 Union.Conventions 44
Section 8:21 Orientation 44 . .
Section.8.22 Educational Leave&Tuition Reimbursement
44
Section 8.23. Property Management-License(s) Maintenance 44
Section.8:24 EMT Certification Pay 44
Section 8:25 Paid Parental Leave 45
Section 8:26 Hazardous Duty Pay
45
Section 8:27 Light Duty
45 .
ii
TABLE OF CONTENT. continued . PAGE
ARTICLE 9-General Provisions
Section 9.1 Discrimination 46
Section 9.2 Meetings Between Parties 46
Section 9.3. Reduction in Work Force 46
Section 9.4 Work Rules 46.
Section 9.5 Probationary Employees loyees
Section 9.6 "Temporary Employees" ;
47.:. .
Section 9.7 Political Activities of Employees 48
Section 9.8 Safety 48
Section 9.9 Parking 49
Section 9.10. Glasses and Hats
49
Section 9:11 Notification in the Event of Transfer or Contracting Out 49 .:
Section 9.12. Stress Reduction/Police Department's Public Safety Communications
Unit 50.
Section 9.13 . Bulletin Boards 51.
Section 9.14 Seniority
51 .
Section 9:15. Shoes 52
Section 9.16 . Labor/Management Committee 53
Section 9.17 Promotions 53.
Section 9.18 Beach Patrol Promotions 53
ARTICLE 10 Drug and Alcohol Testing
Section 10.1 - 10.2 55 . .
Section 10.3 Drug/Alcohol Random Screening 56
Section 10.4 Drug/Alcohol Reasonable Suspicion Testing 56
Section 10.5 Positive Drug and/or Alcohol Test Results
57
Section 10.6 Refusal to Submit
"57
Section 10.7 Last Chance Agreement g 57
ARTICLE 11 -Entire Agreement 58
ARTICLE 12 -Savings
59
ARTICLE 13 -Term of Contract 60
EXECUTION
61
APPENDIX A-COMPENSATION PLAN. 63
APPENDIX B -GRIEVANCE FORM 67
iii
G
A REEMENT
THIS AGREEMENT,was made and entered into on this_day of_.2019 by and between
the CITY OF MIAMI BEACH, FLORIDA (herein called the"City"), and the COMMUNICATIONS
WORKERS OF AMERICA(herein called the."Union").
CWA - 1
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 theemployees covered by this Agreement insofar as such practices and procedures are
appropriate to the obligations of the City to retain the right effectivelyto 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 toprovide, 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:
CWA - 2
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 Il Field Inspector I. .
Account Clerk Ill Field Inspector II
Administrative Aide-I Finance Specialist I
Administrative Aide II Finance Specialist II
Administrative Assistant I Finance Specialist III
Administrative Secretary Lifeguard
Air.Conditioning Mechanic. Lifeguard II
Building Inspector . Lifeguard.Lieutenant
Buyer s 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
Code Compliance Officer II Parking Enforcement Specialist II
Commission.Reporter I Parking Meter Technician
Commission Reporter II Parking.Meter Technician II
Communications Operator. Permit Clerk
Complaint Operator Il 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
Elevator Inspector Property Evidence Technician II •
-
Engineering Assistant I Public Safety Specialist
Engineering Assistant Il Revenue Processor
Engineering Assistant III Revenue Processor II
CWA - 3
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 Unionconcerning 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 ofpay 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 outof the bargaining unit.
c) The Cityy recognizes the life safety work that Lifeguard I, Lifeguard II and Lifeguard
Lieutenants perform is of a public safety service nature.
CWA - 4
. 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 timeprior to the meeting to contact and
consult with the Union. Nothing contained herein shall preclude an emto ee 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
orcontiguous to the shift on the clock, unlessan 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, orpunitive
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
givento the employee as soon as practicable..
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
Evaluationreport.
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 atleast
sixty (60) but no more than ninety(90) days prior to an employee receiving a less
than satisfactory performance: If the unsatisfactory workperformance 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 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 shallbe 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.
CWA - 6
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 inmeetings orinterviews 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
anonymousmaterial 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 theirregular 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.
CWA - 7
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 truthfulnessof 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 unitmembers 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 thathas 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....
CWA 8
•
Section 2.9 Employee Examination Review An employee shall have the right in the presence
of an appropriate representative of the employer to examineand/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 pay for timehe/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 Commissionaddresses 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 electronicallyinclude 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 distributedto 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 underthe
provisions of this Article; provided, however, this Section shall not apply to any act orfailure 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.
CWA - 10
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 willbe made by agents of the City against the grievant(s) or the Union's
representatives by reasonof such participation in the processing of their grievance. Similarly,the
Union, its officers or agents, shall not impede, malign, or delay the City or management's
representative in their duties during the investigation or processing of said grievance.
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 theuse of time forgrievance matters. All such time away
from,work by Union representatives shall be deducted from and is subject to the Union's Time
Bank. Bargainingunit 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-offprovisions of the
Personnel Board's rules and.: regulations, may begrieved under this Article. The
reasonableness of work rules which were negotiated is not grievable.
CWA - .11
b) Amirieved 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:interpretatiion, 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 ofthe 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 Unionshall
notify the City Manager's designee for Labor Relations of who it wishes to call; and then
Management will schedule the witnesses to be available as needed: If there:are
CWA - .12
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 shall 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
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 theirimmediate supervisor (such
permission shall not be unreasonably denied); :
2) that the supervisor shall be notified twenty-four (24) hours priorto
investigating, discussing, and processing grievances on City time (shorter
notice may be given in the case of emergencies):
3) h
tat 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:
h) An employee may request Union representation in accordance with the provisions of this
CWA - '13
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 y 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 thenbe 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 theresolution 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.
CWA - :14
Section 4.4 Grievances Involving Discipline. -Discipline shall be only forjust cause and:shall
include written reprimand, suspension, or dismissal. A verbal warning is not disciplinary and is . •
not grievable: Any regular employee whois disciplined; and who has completed the required • . .
probationary period, may file a grievance pursuant to the provisions of this Article. The Unionor
employees not represented by the Union in a grievance or who.are not members of the Union
mayfile discipline grievances at either Step Ior II within fifteen (15) days of the written notice of. .
action.
Section 4.5 Grievance Procedures:
STEP
a) The grievance shall be filed within fifteen (15) days of the alleged violation,
interpretation or application of the termsof 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.
. . . within (10)
time:wi in ten days of receipt of the grievance:
d) Within five (5) days of themeeting, 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. Ifthe decision is to denythe
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
:finalresolution of the issues raised.
CWA 15
STEP Il ..
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 inwriting as to the date of the proposed meeting, and shall havethe right.
to send one(1)observer to the proceedings if the bargaining agent is not involved
inthe 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.Managers designee for Labor Relations. Failure to appeal the
decision of the department head within seven(7)days shall constituteacceptance
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.
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
CWA" - 16
no further appeal will:be pursued.
Section.4.6 Arbitration. - If the employerand 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 thepanel of five(5)or three(3) namesfrom 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 thestriking 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) Priorto 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:
willavoid unnecessary proof;
3. such other matters as mayy aid in the disposition of the grievance;
CWA 17
4 a jurisdiction matters of 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 arbitrationhearing,(for an originaland 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 differenceof 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 thegrievance process as set forth in Section 4.5.
Section 4.8 Union Time Bank..- The CWA represented by four (4) members of the Executive
Board, or any other union member appointed, as determined by the President, shall have the right
, CWA - 18 .
to conduct union business (under the conditionsdescribed 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 thenext 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 orr 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 uponconclusion 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 bya designated union representative as a pension board member shall
not be counted against the union time bank
CWA - .19
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 hereinby reference. The parties further agree that the City..
shall have the right todischarge 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 andother representativesagree 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.
•
CWA - 20
(. 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 beoffered 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 subcontractexisting and future work, to determine
the duties to be included in job classifications and the numbers,types, and grades of positions or
employees assignedto an organizational unit, department or project; to assign overtime and to
determine the amount of overtimerequired;.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 theexercise of anyof 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.
CWA.- 21
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 calculationand 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.
Subjectto the above; the City shall determineall: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 Section9.8.
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 servethe 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 excessof 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.
Effective upon ratification of.this Agreement, for all hours worked during a forcedovertime, the
City shall pay two (2)times theemployees straight time hourly rate of pay:
Only actual hours worked_:shall be considered for the purposes of computing overtime. For.
CWA - :22
example, paid leave including but not limited to any Annual, Sick,'Family Medical Leave, Birthday,
Floater, Bereavement, Administrative Leave shall not beconsidered as time worked for the
purpose of computing overtime.
Effective upon ratification of this Agreement, union time pool hours will count as time worked for
the purposes of overtime.
For all hours worked on an employee's seventh consecutive workday within his/her workweek,
the City shall pay two.(2) times the employees straight time hourly rate of pay, provided the
employee has worked his/her full shift on each of the six(6) preceding workdays effective upon
ratification of this Agreement.
Employees shall no longerearn compensatory time in lieu of overtime.Any existing compensatory
time, when used, will not be considered as time worked for purposes of computing overtime.
Section 7.5 Distribution of Overtime Work. - Overtime shall be distributed as equally as
practicableamong 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 ofthework, 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 shallbe made available
electronically for employees to verify and check. Shouldany 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'sassertion is justified, then that employee shall be
given theright of first refusal to allsubsequent 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
CWA - 23
assigned on a rotating basis in inverse order of seniority amongemployees holding the same
classification, subject to the qualification of any individual employee to perform the work, within
each shift.
Effective upon ratification of this Agreement,once an employee has been forced to work overtime
becauseof theirjunior status, based on seniority, they cannot be forced again until the list has
been exhausted in reverse order of seniorityprovided that the employee being forced does not
work or isnot scheduled for more than sixteen (16) hours without an eight(8) hour break.
Section.7.6 Holiday Celebration and Pay for Workina 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
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 iseligible 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 thepurpose of computing overtime,
pursuant to Section 7.4; Overtime, herein.
CWA - :24
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 paidfor 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 forthe 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 ofhours
in the employee's regular shift, at the regular rate.
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 restperiod may be subject to disciplinary action.
Effective upon ratification of this Agreement, Code Officers and Administrators may request with
the approval of the employee's supervisor,the two fifteen(15)minute rest periods tobe combined
with the employee's thirty(30) minute meal break, providing for a sixty(60) minute meal break.
For each additional four(4)hours workedbeyond 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 periodwhich, 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 Reporting 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
CWA 25
•
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 beenscheduled 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 theyreceive comeback pay: Standby Pay shall be
offered to employees in the same manner and conditions as in Article 7.5 Distribution of Overtime
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-uptime.
Section 7:12 No Pyramiding. -Premium pay andovertime shall not be paid for the same hours.
Theemployee shall receive the greater of the two alternative premiums:
Section 7:13 Essential Personnel(Hurricane Pay)
a) Hurricane Pay
When the City declares an emergencydue to .a named hurricane and other events, and
employees are advised to stay homewith pay and some employees are ordered to work,these
employees shall be paid at double their straight hourly wages for all hours worked for up to three
(3) days. Payment for hours worked during a declared emergency event will be paid at this rate
irrespective of whether the employee has worked in excess of forty (40) hours in the applicable
work week for up to three(3) days.
b) Landfall Team Compensation
Bargaining Unit employees designated tobe part of the Landfall Team(designated Landfall Team
Members) shall be on a voluntary basis only starting with the most senior person in the same
division. Designated Landfall Team Members shall be compensated at a pay rate of one and.
one-half of the employee's hourly rate of pay for all.hours worked plus one (1) hour of
Administrative Hurricane Pay for each of the first eight.(8) hours worked for up to three (3)
•
CWA - 26 .
consecutive days. Payment for hours worked during a declared emergency event will be paid at
this rate irrespective of whether the employee has worked in excess.of forty (40) hours in the
applicable work week for up to three (3) days. Designated Landfall Team Members shall only
qualifyfor the pay if the.Landfall Team is activated by the City's Emergency Operations Center
(EOC). .Landfall.Team Members who report to duty will be paid for the duration of the Landfall
Team activation for actual hours worked.
During a weather-related emergency event, if a designated Landfall Team Member fails to report
for duty during their regularly scheduled shift, (while other employees are directed to stay home)
said employee will not receive the Landfall Team Compensation nor Hurricane Pay.
Should a designated Landfall Team Member work in excess of forty (40) hours during their.
regularly scheduled work-week, said employee will be compensated at a rate of time and one-
half their regular hourly rate for those hours worked above forty(40) hours in accordance with the
Fair Labor.Standards.Act..
Employees shall not receive both Hurricane Pay and Landfall Team.
Designated Landfall Team.Members shall be allowed up to four (4) hours to secure personal
property prior to a weather-related emergency event. During the weather-related emergency
event, the City shall provide designated Landfall Team Members with food, weather gear, and
shelter rated to withstand a category five(5)storm. •Designated Landfall Team Members shall be.
required to seek shelter when winds exceed 40 miles per hour.
The Landfall Team shall not erode the bargaining unit:
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 wagesor benefits under this.Agreement.
a) Effective the first (19t) payperiod ending in.October 2018, there shall be an across-the
board wage increase of one percent(1%)for.all CWA bargaining unit positions. In addition,
the minimums and maximums of each job classification range will be increased by one
percent(1%), accordingly. . .
b) Effective the first(1st)full pay period ending in October 2019,there shall be an across-the-
board wage increase of one percent(1%)for all CWA bargaining unit positions. In addition,.
the minimums and maximums of each job classification range will be increased byone
percent(1%), accordingly.
c) Effective the first (1st) full pay period ending in October 2020, there shall be an across-
the-board wage increase of one percent,(1%) for all CWA bargaining unit positions. In.
addition, the minimums and maximums of each-job classification range will be increased
by one percent(1%),accordingly. In the event the City's General Fund Revenues increase
by eleven percent:(11%)or more in June of 2020,there shall bean across-the-board wage. .
increase of two percent(2%) instead of the one(1%) percent..
The City of Miami ;Beach classification and paysystem will be utilized for all:bargaining unit
employees:-All classifications in the CWA Bargaining Unit shall be in the pay for performance pay
. system. This classification and pay system include 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.
Effective upon ratification of•this Agreement, all CWA bargaining unit employees who receive a
CWA - 28
rating of three (3) or above ontheir annual evaluation, shall be eligible for a merit increase on
their anniversary date, provided that the employee's salary shall not exceed the maximum of the
salary range for his/her position. For FY 2018/19, FY 2019/20, and FY 2020/21, any employee.
whose salary exceeds the maximum of the salary range for his/her position shall be eligible to
receive a one-time, non-pensionable payment,up to 3%. Ratings shall be 1 through 5 as follows:
1 equals unsatisfactory, 2 equals needs improvement, 3 equal meets expectations, 4 equals
exceeds expectations and 5 equals significantly exceeds expectations. An employee who
receives an equivalent score between 3 and 4.24 shall be eligible for a two percent (2%) merit
increase,and an employee who receives an equivalent score between 4.25 and 5 shall be eligible
for a three percent (3%) merit increase. Performance Evaluation increases may total no more
than three percent(3%)..
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
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 scoredoes 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'sregularly 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
CWA - 29
($.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. -Effective upon ratification of.this Agreement, in case of
death in the immediate family of an employee, time off with straight-time pay will be allowed.two
(2)scheduled work days off per death,three(3)scheduled work days off if the funeral is more
than 200 miles away, and four(4)scheduled work days off per death if the funeral is held
outside the State of Florida. The immediate family shall be defined as father, mother, husband,
wife; sister,;brother;son, daughter, grandchild, grandfather, grandmother, mother-in-law,
father-in-law, stepfather, stepmother, stepson, stepdaughter, or domestic partner as defined in
the Domestic Partner Ordinance. Additional time offmay be granted by.the Department.Head,
in writing,chargeable to the employee's accrued sick or vacation leave. In such circumstances
such additionalsick leave shall not count against an employeefor 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 ina higher.
pay classification for more than one hour per day, and they shall not exceed 580 hours in a fiscal
year; 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 classpayshall be distributed as equallyas practicable among employees
in the same job classification in the same work section.
CWA - 30
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 temporarilyworking-for one or more consecutive hours in a higher
paying classification, he/she shall be paid an hourly rate of two dollars($2.00) per
hour to be added to the employee's straight-time rate of pay.
Employees being trained with on-site supervisory assistance in a bona-fide training program for
a higherpaying 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 asabsentee 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 overtimeshall 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 witha meal while working the .overtime hours, the meal.
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 contacthis/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 Department (PSCD), who are compelled to wear City-issued uniforms shall be
CWA - .31
provided with six(6)uniforms:.
Effective upon ratification of this Agreement, employees in Code Complianceshall be provided
with a Code Jacket. . .
Effective upon ratification of this Agreement, Administrative Aides and Clerical staff within the
Police department shall be provided with two (2) polo shirts:
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/shortsleevedshirts 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) pairof 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.
All 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 beissued to any employee(s) (but not necessarily all employees)
who are in the bargaining unit,thesesponsored uniforms maybe issued to satisfy the contractual
uniform obligations. No additional contract obligations concerning uniforms are hereby created
and suchsponsored uniforms may be discontinued at any time by the City.
Section 8.12 Insurance.
a) Effective at.thebeginning ofthe 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 shalloffer
medical,. dental, and life insurance benefit plans to full-time 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
CWA - 32
employees. The City may change insurance carriers and/or the scopeand level of benefits in
any plan. The City also may change the percentage of premium cost paidby the City (i.e.,
provided that it remains at least 50%) from yearto year for any 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 flexibleand
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%). employeepension 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 bythe actuary
for the Miami Beach Employees' Retirement Plan.
•
Effectiveupon 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 pensionableearnings,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 mayelect to stay in the
classifiedpension.plan.
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
CWA - 33 .
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 theemployee'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 CVVA 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 undernormal retirement (as that term isdefined 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 monthplus a
single lump sum equal to the actuarial value of the other$500. .:
Thislump 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.
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 membersfrom 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
CWA - ,:34
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 employeeswho 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
g 9during
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 maximum period not to exceed 60 months in total:
Any employee who previously executed a form entitling him or her to enter the DROP for a period
of less than (sixty) 60 months in total shall be given a one-time irrevocable election, within 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
CWA - 35
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 orafter the ratificationof 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, orae'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 (25%) 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.
7) The standard form of benefit is a lifetime annuity.
8) . _ Members who.separate:from City employment with five (5) or more years of.
creditableservice ervice 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.
CWA - 36
Reduction.in Normal Retirement Age for Employees Hired On or After.February 21. 1994
Thenormal retirement age forpension plan members is as.follows:
• For membershired prior to February 21; 1994, the normalretirement 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 onthe 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 participatein 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.
c) Employees hired on or after.February 2,2006,will be entitled toa City contribution against
the cost of continued health insurancecoverage 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 eligibilityfor normal retirement, and who elects to continue insurance coverage
under the City'shealth plan, shall upon receipt of normal retirement benefits also receive
CWA - 3 7
•
an additionalseparate supplemental monthly stipend payment in.the initial amount of
$10.00 per year of credited service, up'to a maximum of$250.00per month until age 65,
and$5.00 per year of credited service up to a maximum of$125.00per month thereafter.
There shall beno 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
familyy 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 toaccrue 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 maximumpayment 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:
CWA - 38
Section 8.16. Public Safety.
1: Public Safety Communications Department(PSCD)
a) Upon being certified by the Public Safety Communications Division .(PSCD) as being fully,
qualified to dispatch both Police and Fire calls, a Dispatcher will receive_a three percent (3%)
premiumpay while assigned. to.PSCD. Upon ratification:of this contract, this dual 'dispatch
premium will increase to 6%.: This dual dispatch premium of 6%will not count towards calculating
retirement pension benefits. 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) Dispatchers, Communication-Operators, and Complaint Operator Il's who are designated.as
: certified training officers(CTOs)will receive two dollars per hour for all hours worked in a training.
capacity. All employees who express an interest and whose last performanceevaluation was
satisfactory shall be considered eligible for certificationas a CTO.Generally,an employee without
CTO-certification_shall not be.requiredto perform in a training.capacity unless a CTO is not
available. However,cif a Non-CTO is mandated to train,:he/she will also receive the stipend:
c) Communications Operators; Complaint Operators, and Dispatchers hiredafter"ratification of
this agreement will receive a three percent(3%) salary increase after completing both one (1)
year of satisfactory employment(with an overall evaluation score of 3 or above)and a satisfactory
probationary period,and after attaining the.State of:Florida Department of:Health 911Public
Safety Telecommunicator Certificate.::
: Current: Communications Operators, Complaint Operators, and.Dispatchers hired on or after
January 2017 and on or before September 2017 will receive a:one-time 3% increase effective -:
. upon the date of ratification and after meeting this same criteria...
This three percent(3%) salary increase will not apply to Communications Operators, Complaint
Operators,-or Dispatchers hired after ratification of this agreement or within this timeframe who
did not start;at the beginning of the salary range, or to employees who had a salary adjustment:.
d) Communications Operators, Complaint Operators, and Dispatchers hired on or.after January
2017 and on or before September 2017 will receive a one-time four.percent(4%)salary increase
after completing three(3)years of satisfactory employment(with an overall evaluation score of 3
or above)and after attainingand maintaining the State of.Florida Department of Health 911 Public
Safety Telecommunicator Certificate effective upon ratification of this Agreement:
CWA - :39
Current Communications Operators, Complaint Operators, and Dispatchers hired on or before
December 2016 and who are not maxed out within their salary range will receive a one-time 4%
increase effective upon the_date of ratification.
This four percent (4%) salary increase will not apply to Communications Operators, Complaint
Operators, or Dispatchers hired after ratification of thisagreement who started at 10% or more
above the minimum of their initial salary range, or to employees who had a salary adjustment of
more than 10%.
e) Accreditation Performance Incentive - Effective upon ratification of this Agreement
Communication Operators, Complaint Operators, and Dispatchers will receive$500 every three-
months(quarterly)while assigned to PSCD as long as:.
1)the employee maintains call-taking monthly average case evaluation compliance levels
at or above current prevailing International Academies . of. Emergency Dispatch _ (IAED).
accreditation levels. The above current IAED accreditation levels must be accomplished in each
discipline separately, Emergency.Police Dispatch(EPD), Emergency Medical Dispatch.(EMD), or
Emergency.Fire Dispatch (EFD), for the previous three-months(quarter).
2) the employee also must have collectively processed in the previous three-months a
minimum of one-hundred (100) EPD, EMD,.or EFD calls for service in order to be eligible to
receive the$500 incentive payment.
For.example, a Communications Operator, Complaint Operator, or Dispatcher that processed
within a three-month period (quarter) a minimum of forty (40) EPD calls that averaged case
evaluation compliance levels at or above current IAED accreditationlevels, a minimum of thirty
(30) EMD calls that averaged case evaluation compliance levels at or above current IAED
accreditation levels, and a minimum of thirty (30) EMD calls that averaged case evaluation
compliance levels at or above current IAED accreditation levels is eligible to receive a $500
incentive payment for the previous three-month (quarter) period.
The quarterly$500.00 Accreditation Performance Incentive will begin on the first month of the first
full yearly quarter(three-month) immediately following ratification of this agreement: The$500.00
Accreditation Performance Incentive will not count towards calculating retirement pension
benefits.
CWA 40
A report will be generated.by Public Safety Communications Division personnel no later than thirty
days after the end ofthe previous quarter (three-months) to indicate which Communication
Operator, Complaint Operator, and Dispatcher qualified for the $500 incentive payment for the
previous three(3) months(quarter).
This section is not dependent on the City's accreditation:.
2. Police
a) Crime Analyst Specialist—Effective upon ratification of thisagreement, 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 $800 per year.
4. Marine Pay
a) Effective upon ratification of this agreement, any qualified Ocean Rescue employee shall
receive assignment pay for hours worked on the Ocean Rescue Emergency Vessel at the
rate of one dollar($1:.00) an hour effective upon ratification of this Agreement.
5. Ocean Rescue
Effective upon ratification of this Agreement or October 1,2019,whichever occurs first,the salary
grade-for the Lifeguard I will increase.from H52 to. H54; the salary grade for Lifeguard II. will.
increase from H56 to H58;.the salary grade for Lifeguard Lieutenant will increase.from H58 to
H60.
There will be no immediate change in pay for incumbents who will continue to advance through
the range based on merit increases at the time of their normal performance evaluation date.There
willonly be a change in their salary ranges.
Section 8.17 Enforcement
CWA - 41
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 Il 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 increaseto the H27 minimum. This adjustment will be reflected in any meritpay
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 I 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 satisfactoryy 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-GTO is mandated to train, he/she will also
receive the stipend.
2.:Parking Department
a).Effective upon ratification of this Agreement or October 1; 2019, whichever occurs first
the salary grade for Parking Enforcement Officer I will increase from H22 to H24;the salary
grade.for Parking Dispatchers will increase from H24 to H25.
There will be no immediate change in pay for incumbents who will continue to advance
through the range based on merit increases at the time of their normal performance
evaluation date. There will only be a change in their salary ranges:
CWA - .42
b) Effective upon ratification of this Agreement, the Parking Director or his/her designee
- . shall designate a Parking Enforcement Specialist (PES)to enforce Right of Way (ROW)
along with other approved duties. For Shift 2 there will:be:three(3) PES assigned to the
detail;.onein the South, one in the Middle, and one in the North zone. For Shift 3 there
will be three (3) PES assigned to the detail; one in the.South, one in the Middle,and one.
in the.North zone.Shift 4 and Shift 1 will,have one(1)Citywide PES to enforce the ROW. .
in'all three zones:The assigned PES will be compensated at an additional compensation
of$2.00 per hour.The assignment will rotate among all full-time PES by seniority.
c) Parking Enforcement Officer I and Parking Enforcement Officer II who are designated
by the Parking Director as certified training officers shall receive two ($2)dollars per hour
for all hours worked ina training capacity. All employees who express an interest and
whoselast 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 foreach 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 notauthorized 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 perfectattendance. 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 incharge of a construction projec#,
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..
CWA - :43
Section 8:20 Union Conventions. Two (2) delegates of the Union will be granted a leave of
absence withpay, not to exceed two(2)weeks in any one year;for thepurposeof 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
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 (Requiredcontinuing
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 hoursup 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.
Those 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. Effective upon ratification of this Agreement, all Lifeguard I,
Lifeguard II and Lifeguard Lieutenants employees who have and maintain an (EMT) certification
issued by the State of Florida shall be entitled to receive a six percent(6%) EMT Certification Pay
supplement(pensionable) calculated on their base pay.
Pool guards who were receiving an EMT certification Pay supplement on September 29, 2012,
shall continue to be eligible to receive the equivalent dollar value of the amount that they y were
receiving for said EMT Pay supplement.
CWA - 44
Section 8:25 Paid Parental Leave. Effective upon ratification of this Agreement,the City's
current paid parental leave programwillbe available to bargaining unit members.
Section 8:26 Hazardous Duty Pay. Effective upon ratification of.this Agreement all Ocean
Rescue, Lifeguard I, Lifeguard II, and Lifeguard Lieutenants will receive fifty dollars ($50.00)
biweekly, non-pensionable, for hazardous duty pay.
Section 8.27 Light Duty: Effective upon ratification of this Agreement, the City will agree to
allow requests for temporary light duty: Approval is needed from the Department Director and
Human Resources Director. Consideration for reasonable accommodation will be given based.
on the need for alternate work by the department or other department of the City; skills,
knowledge and abilities of the requestor and duration of the need for light duty. Management
will have sole and exclusive authority to grant light duty requests and union agrees denial or
modification of requests willnot be grievable and maynot be challenged in any forum.
CWA - .45
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 statusor political
beliefs:
Section 9.2 Meetings Between Parties. -At the reasonable request of either party; the Union
President, or his/herrepresentative, and the City Manager's designee for Labor Relations, or
his/her representative, shall.meet ata mutually agreed time and place to.discuss.matters of
concern. Whenever time permits, the partyrequesting the meeting shall submit writtennotice 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,
specificallyconcerning 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 performthe 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 modifyexistingwritten 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 makerecommendations 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 thisagreement, and such rules shall be
reasonable..:
CWA - :46
Section 9.5 Probationary Employees. A probationary employee who isdismissed 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 exclusivediscretion with respect to
the retention:.or dismissal of probationary employees.
Periods of absence shall cause the probationary period to be extended for an equalamount of
time: At therequest of theappointingauthority,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 thebargaining unit.
Such "temporary"employees shall be paidat rates set in the sole discretion of management.
"Temporary" employees may not workin 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.benefitsor
pension benefits. Terminated "temporary"employees may be re-hired if their separation is under
honorable circumstances:
Regardingtemporarypositions,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 vacanciescaused 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 beall 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 positions: Such
CWA - 47
part-time positions shall not be covered by Civil Service rules or regulations, will have no fringe
or pension benefits, and the salary shall 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 anyrule; 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 y unit members during the .-
employee's scheduled workday:
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-issuedequipment:
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 - :48
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
bea 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 shallmake reasonable and .appropriate
corrections.
Those employees issued such equipment will be responsible for such safety equipment, and any .
loss or damagedue 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 respectivelifeguard
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 purchaseand/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
servicespresently being performed by the Bargaining Unit employees and such contract shall
result in the lay-off of any bargaining unit.employee, the City agrees that it will, upon written
CWA - 49
' . request, meet and discuss with the representatives of the Union the effect of such contract upon
members of the Bargaining Unit.
If the City entersinto 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 returnto 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.
Section 9.13 Bulletin Boards - The Union may, at its own expense, place a bulletin board in
CWA - :50
•
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 conformancewith this.Section may be removed at
the discretion of the City.
Section 9:.14 Seniority
Effective upon ratification of this Agreement,seniority shallbe measured by the length of full-time
status within the department except:
• For those members promoted on the same date, seniority will be determined bydate of
employment; and
• For those members whose promotion date and date of employment are the same,
seniority shall be determined by the higher score on the eligibility list.
• For thosemembers whosepromotion date, date of employment and eligibility list scores.
are the same, seniority shall be determined by total service hours to date with the City:
• When vacationsare 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 applyin an emergency.
CWA - 51
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 providedto thoseemployees in thefollowing job classifications for the purchase.
of safety shoes meeting ASTM F2413-05 Federal Safety Standards:
Employees in the followingclassifications will make their safety shoeselection 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
CIP Inspectors Painter
Coin Room Money Handler Parking Meter Technician:I, II
Electrical Inspector p Plumber Electrician mber In .
Elevator Inspector
Reporting towork 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 thoseemployees in the following job classifications for the purchase of shoes:
Those employees in thefollowing 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
Complaint Operator II Parking Enforcement Specialist II
Crime Scene Technician I Property Evidence Technician
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 - :52 .
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/herdesignee 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 toother 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) Eligible applicants for promotional exams shall be given a written examination.
3) Lifeguards must have passed their last bi-annual swim test of 550 yards under 10 minutes
in order to apply for the promotional exam.
4) Applicants must have received at least a satisfactory evaluationin each element of their
most recentperformance review to be eligible to take the promotional examination.
5)' The writtentests 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
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 thegrading, if requested. All challenges of.
questions on thewritten tests must be made in writing to the City Manager's designee for
Human Resources within two (2) working days of the testing dates andhe/she. shall
conclusively decide the challenge.
CWA - '53
6) 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)yearsafter the combining of the old and
new lists.
7) The rule of three will be used in selecting the candidate(s).for promotion.
8) Eligible applicants will,receive points for years of service with the City as follows: 0.25
points shall be added to an employee's passing examination score for each completed year of
service,up to a maximum of 25 years.
CWA - 54 .
ARTICLE 10
DRUG AND ALCOHOL TESTING
Section 10.1.
The City and the CWA recognize that employee useof 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 bea
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, possessingor 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
orabusing 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 numberof the pharmacy where the prescription was filled:A new or back-dated unfilled
prescription shall not be accepted.
CWA - 55
The City's current 10-panel drug test andcut-off levels are as follows:
Druq
Initial Test GC/MS Confirm
Level Test Level
Am•hetamines 1000 n•/m1 500 n•/ml
Barbiturates 300 n./ml 150 n•/ml
Benzodiaze•ines 300 n•/ml 150 n./ml
Cocaine metabolites 300 n•/ml 150 n•/mf
Hallucinogens of any kind Hallucinogens Hallucinogens of
of any amount any amount
Mari'uana metabolites 50 n•/ml 15 n•/ml
Methadone 300 n•/m1 - 300n•/ml
Metha•ualone_ 300 n•/mI 150 n•/ml
Methvlenedioxvamphetamine 500 nq/ml 250 nq/mI
(MDA)Analogues
O•iates200 0 n•/ml 2000 n./ml
Phenc clidine 25 n•/ml 25 n•/ml
Pro•o •hene30 0 n•/ml 150 n•/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 theinitial 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 tobe
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'sabsence, the appropriate Assistant-Director or Division Director, may direct an
CWA - 56 .
employee to submit to a urine analysis and breathalyzer,when there is reasonable suspicion that
. an employee is under the influence of or using alcohol, drugs orcontrolled substances on-duty,
on an off-duty detail and/or when the employee hascaused, contributed to or been involved in an
accident(i.e., while operating.a . vehicle whether on-dutyor
City 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,:orin 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 submittinga false specimen)to drug or alcohol testing in accordance with theprovisions 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:
• CWA - 57 ,
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 ormatter 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
management's 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.
•
CWA -.58
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 applicablestatutes or
ordinances,.all other provisions of this Agreement shallremain 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._
CWA - '59
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 2018. It shall be
automatically renewed thereafter from year to year unlesseither 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 laterthan thirty (30) days prior to the anniversary dateof the
Agreement,
CWA - .60
.
COMMUNICATIONS WORKERS OF AMERICA CITY OF MIAMI BEACH
;
By: By. . ,+,maimii,_.....��
Osvaldo Garcia Jr. J• my L. orales , 1
CWA President C` Manager 1 .
Executed on: 1
Executed on: 4f il
Date. Date. ''
Approved by vote.of the City Commission, O GT.. 3 0 , 2019:
Dan Gelber t
Mayor
,.
illOif 12-,/l0 I_ • . ;'Re's DASTO
4
I # �h�� O ' NGUAGE
Rafael E. Granada
4,•41..
\ "' �• +i�� EXECUTION
City Clerk '.- \ f '. 0•,, .
• O +' :• �Pt. City Attorney to i.
i
i :f NC RP ORA i cD�° (' c . .
% '' ......•• A CJ
/l �I126 CVUA - .61
cf
RATIFICATION:
This Agreement was ratified on 2019 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:
Osvaldo Garci. • . -resi.enI`: Chief Negotiator
Monique Co.- , Vice President
Jason asanova, Secretary
e'
ar�
; I
Bruce L.
beth, Chairman
Julio ' spinosa Chairman
Jo a k hr-tophe, Chairma r
si /
Xavie � -re, ': airman
CWA - 62
APPENDIX `'A
Exhibit#1
Classification/Compensation Plan
Classification I Range Classification Range
Clerk H15 Complaint Operator II H26
Coin Room Money Handler H16. Financial Specialist II H26
Clerk Typist H17 Carpenter I H27
Code Compliance Officer l H27
Masonry Helper H18 Dispatcher H27
Engineering
Account Clerk! H2O Mason II H27
Assistantn
H27. .
Admin Aide f - H2O Parking Meter Technician II H27
Data Entry Clerk H2O Property Evidence Tech II H27
Duplicating Equip Operator H2O
Permit Clerk I . . H2O
Carpenter II H28
Police Records Technician H2O
Revenue.Processor.I .H2O . Commission Reporter li H28
Financial Specialist III ' H28
Parking Enforcement Spec I H24 Police Fleet Specialist H28
Account Clerk II - H23 Planning Technician H29
Meter Analyst H23
Engineering Ass s H30
Assistant Ill
Permit Clerk Il: H23 Field Inspector ll: 1130
Property Evidence Tech I' : H23
Public Safety Specialist 1123` Code Compliance Officer 11 H31 .
Revenue Processor II 1123.: Crime Scene Technician I H31
Police Photographer H31
Admin Aide II 1124
Admin Secretary
H24 `" Crime Analyst Specialist 1132
Buyer H24 .
Engineering Assistant! H24 Air Conditioning Mechanic 1134
Field Inspector I . 1124 Code Compliance Admin.. H34
Financial Specialist! H24 , Crime Scene Technician 11 1134
Painter H24 Building Inspector H34
Parking Dispatcher 1125 Electrical Inspector H34 •
Electrician H34.
Account Clerk III H25 Elevator Inspector H34.
Admin Asst I H25 Engineering Inspector 1-134
Communications Operator- . H25 Mechanical Inspector H34
Dispatcher Trainee H25 Plumber H34
Parking Enforcement Spec II H25 Plumbing Inspector H34
Parking Meter Tech I 1125. • • Pool Guard I H50
Pool Guard II- H52
Commission Reporter l H26. Lifeguard
H54
Lifeguard II H58
Lifeguard Lt 1-160
. CWA 63
Exhibit#2
Fiscal Year 2018-19
Classification/Compensation Plan—1% COLA effective October 1, 2018
Range Min Max Range Min Max
H15 . Annual $34,659.29 $50,197.21 H32 Annual $57,287.00 $90,505.98
H16 Annual $35,699:21 $51,702.98_ H33 Annual $59,578.12 $94;126.22.
H17 Annual $36,770.24 $53,254:20 H34 Annual $61,961.50 $97,891.47
H18 Annual $37,873.19 $54,851.69 H35 Annual $64,439.56 $101,806.86
H19 Annual $39,009.42 $56,497.32 H36 Annual . $67,017.44 $105,879.15.
H2O Annual $40,179.73 $58,192.20 H37 Annual $69,698.13 $.110,114.31
H21 Annual $41,385.49. $59,937.93. H50 Annual $44,144.09 $64,553.99
H22 Annual $42,626.95. $61,736.15 H51 Annual $45,468.06 $67;135.94
H23 Annual $43,905.48 $63,588.30 H52 Annual $46,832.08 $69,821.49
H24 Annual $45,222.69 $66,131.46 H53 Annual $48,236.67 $72,614.18
H25 Annual $46,579.40. $68,776.97. • H54. . Annual $49,684.01 .$75,518.87
H26 Annual $47,976.69 $71,528.54 H55 Annual $51,174.64 $78;539.34
H27 Annual $49,416.19 $74,389.67 H56 Annual $52,709.63 $81.,680.74
H28 Annual $50,898:69 $77,364.97. H57 Annual $54,290.88 $84,948.48
H29 Annual $52,425.57 $80,459.56 H58 Annual $58,156.49 $88,346.61
H30. Annual $53,998.16 $83,677:80 H59 Annual $60,483.05 $91,880.28
H31 Annual $55,618.37 $87,025:07 H60 Annual $62;902.13 $95,555.17
CWA - 64
Exhibit#3
Fiscal Year 2019-20
Classification/Compensation Plan—1% COLA effective October 1, 2019
Range Min Max Range Min. Max
H15 Annual $35,005.88 $50,699.18 H32 Annual $57,859.87 $91,411.04;
H16 Annual $36,056.20 $52,220.01 H33 Annual $60;173.91 $95,067.48 .
H17 Annual .$37,.137.94. $53,786.75 H34 Annual $62,581.1.1 $98,870.38
H18 Annual .$38,251.92_ $55,400.20 H35 Annual ,.$65;083.95: $102,824.93
H19 Annual $39,399.51. $57,062.30 H36 Annual $67,687.62 $106,937.94
H2O Annual $40,581.53 $58,774.12 H37 Annual $70,395.11. $111,215.45
H21 Annual $41,799.34 $60,537.31 H50 Annual $44,585.53 $65,199.53
H22 Annual $43,053.22 $62,353.51 H51.. Annual. $45,922.75 $67,807.30 .
H23 Annual $44,344.54 $64,224.19 H52 Annual $47,300.40 $70,519.71
H24 Annual $45,674.92 $66,792.77 H53 Annual $48,71.9.04 $73;340.32 :
H25 Annual $47,04E20 $69,464.74 H54 Annual $50,180.86 $76,274.05
H26 Annual $48;456.46 $72,243.83 H55 Annual $51,686.38 $79,324.73
H27 Annual $49,910.35 $75,133.57 H56 Annual .$53,236.72 .$82,497.55
H28 Annual $51,407.68 $78,138.62 H57 Annual $54,833.79 $85,797.96
H29 Annual $52;949.82 $81,264.16 H58 Annual $58,738.05 $89,230.08;
H30 . Annual $54,538.14 $84,514.57 H59 Annual $61,087.88 $92799.08
H31 Annual $56,174.55. $87,895.32 H60 Annual $63,531.15 $96,510.72
CWA - 65
Exhibit#4
Fiscal Year 2020-21
Classification/Compensation Plan—1% COLA effective October 1, 2020*
Range Min Max Range Min Max
H15 Annual $35,355.94 $51,206:1.7 H32 Annual $58,438.47 $92,325.15.
H16 Annual $36,416.76 $52,742.21 H33 Annual $60,775.65 $96,018.16
H17 Annual $37,509.32. $54,324.61 H34 Annual $63,206.92 $99,859.09
H18 Annual $38,634.44 $55,954.21 H35 Annual $65,734.79 $103,853.17
H19 Annual $39,793.51 $57,632.92 H36 Annual $68,364.49 $108,007.32
H2O Annual $40,987.35 $59,361.86: H37 Annual $71,099.06 $112,327.61
H21 . Annual $42,217.34 $61,142.68 H50 Annual $45,031.38 $65,851.53
H22 Annual $43,483.75 $62,977.04.: H51. : Annual. $46,381:97 $68,485.37 .
H23 Annual $44,787.98 $64,866.43 . H52 Annual $47,773.40 $71,224.90
H24 Annual $46,131.67 $67,460.70 H53 Annual $49,206.23 $74,073.72.:
H25 Annual $47,515.65 $70,159.39 H54 Annual $50,682.66. $77,036.79
H26 Annual $48;941.03 $72,966.26 H55 Annual $52,203.25 $80,117.98
H27 Annual $50,409.45 .$75,884.90 H56 Annual $53,769.09 $83,322.52.
`H28 Annual $51,921.76 $78,920.00 H57 Annual $55,382.12 $86,655.94 .
H29 Annual $53,479.32 $82,076.80 H58 Annual $59,325.43 $90,122.38
H30 . Annual. $55,083.53 $85,359.72. H59 Annual $61,698.76 $93,727.07
H31 Annual $56,736.30 $88,774.27. H60 Annual $64,166.47 $97,475.83
*In the event the City's General Fund Revenues increase by eleven percent(11%)or more in
June of 2020,there shall bean across-the-board wage increase of two percent.(2%) instead
of the one(1%) percent.
CWA - 66
AP �PE _
NDIX B
Grievance Form
CWA - 67
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 awareof the alleged 3.Grievant's Name(s)&Classification(s):
violation(s):
4. Grievant's Department/Division &Telephone 5. Grievant's Immediate Supervisors~Telephone
Ext. ( ): .: Ext.
6. Statement/Nature of Grievance::
7. Contract Article(s)Alleged Violated:
8:Suggested Adjustment
" I
9.
Grievant's Signature Date . .
10.
Union Representative's Signature Date
CWA - :68
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)
CWA - 69