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GSA Agreement AGREEMENT Between CITY OF MIAMI BEACH, FLORIDA and the GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA, OPEIU, LOCAL 100 Period Covered October 1, 2003 to September 30, 2006 TABLE OF CONTENTS ~ AGREEMENT. .... ... .. .... ... .. ... ... . .. ....... .. . ... .. .... ... .. ... ... . .. ... .... ...... .. . ... ... .. ... . .. ...... ...... ....2 PREAMBLE........................................................................................................... ...3 ARTICLE 1: RECOGNITION Section 1.1. Representation and Bargaining Unit....................................................................................4 Section 1.2. Unit Description .........,........,.........,.... ,.. ..., ............,.......... ................................ ............. ......... 4 ARTICLE 2: DEDUCTION OF ASSOCIATION DUES Section 2.1. Checkoff..................................... ,......... ... .... ..,....... .........,...........................,.................... .........6 Section 2.2. Indemnification ....................~........... .... ........., .........................., ........................ ................ 6 ARTICLE 3: MANAGEMENT RIGHTS .......................................................................................... 7 ARTICLE 4: PROHIBITION OF STRIKES..................................................................................... 8 ARTICLE 5: ASSOCIATION REPRESENTATION .......................................................................9 ARTICLE 6: GRIEVANCE PROCEDURE Section 6.1. Purpose...................................................................................................................................1 0 Section 6.2. Definitions ..,.....,......... ..,..,.................., ........... ,., ....... ....."......................................... .............1 0 Section 6.3. Special Provisions .................................................................................................................11 Section 6.4. Election of Remedies ...........................................................................................................13 Grievance Steps......,............ ....., .........,.............. ..,..,......,'.. ..,..,....................................... .......13 Arbitration ..,............................,.........., .............. .............,............................................... .......14 Differences Concerning Personnel Rules .........................................................................16 Section 6,5. Section 6.6. ARTICLE 7: HOURS OF WORK AND OVERTIME Section 7,1. Normal Workday ..................................................................................................................17 Section 7.2. Normal Workweek ....................................................................................................,..........17 Section 7.3. Rest Periods...........................................................................................................................17 Section 7.4. Reporting Pay ........................................................................................................................17 Section 7.5. Overtime ................................................................................................................................17 Section 7.6. Distribution of Overtime Opportunity .............................................................................18 Section 7.7. Call Back Pay .........................................................................................................................18 Section 7.8. Stand by Pay................................................,... ............................ ..18 Section 7.9. No Pyramiding ..................................................................,...................................................19 ARTICLE 8: WAGES AND FRINGE BENEFITS Section 8.1. Wages.............,... ..................................... ..,........... ,....'... ...........,......... .......,....................... .....20 Section 8.2. Holidays ...... ,....,... ...... ,..... ......... ............. ........... ,..... .............................. ................., .........,..... 21 Section 8.3. Holiday Pay..............., ..,........, .."..........., .............. .......... ......... ......................,... ..................... 21 Section 8.4. Allowances .......................................... ....... ....................... ............................,.....,.............. ....22 Section 8.5. Meal Allowance ......................... ,........ ................,..,.........,...............,...,........,.......... .......... ..,. 22 Section 8.6. Bereavement Leave .................. ,.,.......... .................. .,..,.....................,.................................. 22 Section 8.7. Unpaid Leaves ........................ ,.. ............. .... .......................... ,.................................. .............. 23 Section 8.8. Jury Duty... ,........... ..................... .......... ....... .........,..,.......... ...,...............,............... .......,.,....... 23 Section 8.9. Uniforms .., ........,... ,...."........... ..,......,.......... .., ....... ............. ..,......,.........,...........,.., .... .......... ,.. 23 Section 8.10, Safety Shoes ...........................................................................................................................24 Section 8,11. Shift Differential......................................................,............................................................25 WAGES & FRINGE BENEFITS, continued Section 8.12. Section 8.13. Section 8.14. Section 8.15. Section 8.16. Section 8.17. Section 8.18. Section 8.19. Section 8.20 Rate of Pay When Working Out of Classification........................................................... 25 Paid Leave ..,...... ,.................. .......... ..,.....................................................................................25 Perfect Attendance Bonus. .......... ........................................ ..................................... ...........26 Part-Time Employees ..... ............. ..................................... ...... ......................... ...... ..............26 Sick and Vacation Leave Accrual and Maximum Payment on Tennination...............26 Pay for Hazard Duty ....................................... ...........' ............... ...................... ......... ...........27 Essential Personnel (Hurricane Pay) ............. ...,.. ... ....., ..,..,............................ ....................27 Property Management- License( s) Maintenance ........................................... ............ ........27 Tool Reimbursement Program................. ..................... ..................... ..28 ARTICLE 9: INSURANCE.............................................................................................................. 29 ARTICLE 10: PENSION AND REOPENERS.................................................................................30 ARTICLE 11: GENERAL PROVISIONS Section 11.1. Discrimination.................................... ..,.............................................. .................................. 31 Section 11.2. Meetings Between Parties....................................................................................................31 Section 11.3. Work Rules ............................................................................................................................31 Section 11.4. Stress Reduction/Police Department's Public Safety Communications Unit.............31 Section 11.5. Labor/Management Committee ........................................................................................31 Section 11.6. Safety ........... .................................................. ......... ................................................................ 32 Section 11.7. Bulletin Boards.................... ,.................. .............................................. ............ ............ ......... 32 Section 11.8. Probationary Employees....................................................................................................., 33 Section 11.9. Notification in the Event of Transfer or Contracting Out............................................33 Section 11.10. Seniority ...................... .................................................. ......................................................... 33 Section 11.11. Reduction in Force...............................................................................................................34 Section 11.12. l\1ilitary Leave ............................................. .....,..,........................................... .................. .....34 Section 11.13. Pay Advances ........................................................................................................................34 Section 11.14 Mentoring Program........................................... ......................... ........34 ARTICLE 12: DRUG & ALCOHOL TESTING Sections 12.1. to 12.6 ........................................ ...,..................... ..,... .., .............................................................. 3S Section 12.7. Drug/Alcohol Random Testing........,................................................................................35 Section 12.8. Last Chance Agreement...................,..,..,............................ ......................................,.......... 36 ARTICLE 13: SAVINGS .................................................................................................................... 37 ARTICLE 14: ENTIRE AGREEMENT ...........................................................................................38 ARTICLE 15: TERM OF AGREEMENT ......................................................................................... 39 ELECTION OF REMEDY FORM .................................................................................................... 41 AGREEMENT THIS AGREEMENT, was made and entered into on this I r7lday of {)c17J &:rL .2003, by and between the CITY OF MIAMI BEACH, FLORIDA (herein called the "City"), and the Government Supervisors Association of Florida, (GSAF) OPEIU, Local 100, (herein called the "Association"). GSAF-2 PREAMBLE WHEREAS, the Association has been selected as the sole and exclusive bargaining representative by a majority of the employees set forth in the Recognition Article, and has been recognized by the City pursuant to the laws of Florida as the sole and exclusive bargaining representative for said employees; WHEREAS, the City and the Association have voluntarily endorsed the practices and procedures of collective bargaining as a fair and orderly way of conducting relations between the City and the employees covered by this Agreement insofar as such practices and procedures are appropriate to the obligations of the City to effectively operate the various departments of the City and are consonant with the paramount interests of the public; WHEREAS, it is the intention of the parties to this Agreement to provide, where not otherwise mandated by Statute, for the salary schedule, fringe benefits and conditions of employment of the employees covered by this Agreement, to provide for the continued and efficient operation of the various departments of the City, and to provide an orderly and prompt method of handling and processing grievances; NOW, THEREFORE, the parties agree with each other as follows; GSAF-3 ARTICLE 1 RECOGNITION Section 1.1. Representation and Bargaining Unit. The City recognizes the Association as the sole and exclusive representative of all employees in the unit described below. Section 1.2. Unit Description. All supervisory employees of the City of Nliami Beach in the following classifications, excluding all other employees employed by the City of Miami Beach. Air Conditioning Supervisor Beach Patrol Operations Supervisor Central Services Supervisor Communications Supervisor Electrician Supervisor Fleet Operations Supervisor Maintenance Supervisor Paint Supervisor Parking Facilities Supervisor Plumbing Supervisor Pumping Operations Supervisor Sanitation Operations Supervisor Senior Engineering Inspector Sewer Field Operations Supervisor Street Operation Supervisor Warehouse Supervisor Water Service Representative Backflow Coordinator Carpenter Supervisor City Surveyor Crime Scene Supervisor Electronics/Instruments Supervisor Lead Mechanic Metered Service Supervisor Park Operations Supervisor Parking Operations Supervisor Property Management Operations Supervisor Recreation Supervisor I Senior Building Inspector Service Supervisor Street Lighting Operations Supervisor Tennis Center Supervisor Water Field Operations Supervisor 911 Communications Records Custodian The City and the Association agree that in the event the City substantially changes a job classification which remains within the bargaining unit or combines job classifications within the bargaining unit, the City will bargain with the Association upon request concerning the appropriate rate of pay for the new, changed, or combined job. Until agreement is reached or impasse is resolved, affected employees will be paid as determined by the City. Upon agreement as to the rate of pay for the new, changed, or combined job(s), the agreed rate shall be retroactive to the date that the Association's request for negotiation was received by Management. GSAF.4 The City agrees to provide the Union with a periodically updated list of employees who have been hired, promoted and! or transferred into positions that are within the bargaining unit. The parties agree that they will periodically review the job classifications and, if appropriate, file a joint petition to Public Employees Relation Commission (PERC) to determine which positions should be in or out of the bargaining unit. GSAF - 5 ARTICLE 2 DEDUCTION OF ASSOCIATION DUES Section 2.1. Checkoff. Upon receipt of a lawfully executed written authorization from an employee, which is presented to the City by an official designated by the Association in writing, the City agrees during the term of this Agreement to deduct the uniform biweekly Association dues of such employees from their pay and remit such deductions to the Association Treasurer together with a list of the employees from whom deductions were made; provided, however, that such authorization is revocable at the employee's will upon thirty (30) days written notice to the City and the Association. The Association will notify the City thirty (30) days prior to any change in its dues structure. On January 1 of each year of this Agreement, the Association will remit to the City $100.00 as an administrative fee for the collection of dues by the City. Section 2.2. Indemnification. The Association agrees to indemnify and hold the City harmless against any and all claims, suits, orders or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provision of this Article. GSAF-6 ARTICLE 3 MANAGEMENT RIGHTS It is recognized that, except as stated herein, it is the right of the City to determine unilaterally the purpose of each of its constituent agencies, set standards of service to be offered to the public, and exercise control and discretion over its organization and operations. The Association recognizes the sole and exclusive rights, powers, and authorities of the City further include, but are not limited to, the following: to direct and manage employees of the City; to hire, promote, transfer, schedule, assign, and retain employees; to suspend, demote, discharge or take other disciplinary action against employees for just cause; to relieve employees from duty because oflack of work, funds or other legitimate reasonS;1o maintain the efficiency of its operations, including the right to contract and subcontract existing and future work; to determine the duties to be included in job classifications and the numbers, types, and grades of positions or employees assigned to an organizational unit, department, or project; to assign overtime and to detennine the amount of overtime required; to control and regulate the use of all its equipment and property; to establish and require employees to observe all applicable rules and regulations; to conduct performance evaluations; and, to determine internal security practices; provided, however, that the exercise of any of the above rights shall not conflict with any of the express written provisions of this Agreement. The Association, its officers, agents, and members agree that they will not interfere with Management in the performance of its duties, The City agrees that, prior to layoff of bargaining unit members, it will advise the Association. If, in its sole discretion, the City detennines that emergency conditions exist, including, but not limited to, riots, civil disorders, hurricane conditions, or similar catastrophes, the provisions of this Agreement may be suspended by the City Manager or his/her designee during the time of the declared emergency, provided that wage rates and monetary fringe benefits shall not be suspended. Should an emergency arise, the Association President shall be advised, as soon as possible, of the nature of the emergency. GSAF-7 ARTICLE 4 PROHIBITION OF STRIKES No employee, Association officer or agent shall instigate, promote, sponsor or engage in any strike, slow down, concerted stoppage of work or any other intentional interruption of the operation of the employer, regardless of the reason for doing so. Any and all employees who violate any of the provisions of this Article may be discharged or otherwise disciplined by the City. Such discharge or discipline shall not be the subject of any grievance procedure or appeal procedure provided in the Agreement, except as to the question of fact. In the event of a strike, slow down, concerted stoppage of work, or other intentional interruption of the operations of the employer, regardless of reasons for doing so, the Association shall take direct and inunediate action to the fullest extent of its power to bring about a cessation of such activities. The employees and the Association, individually and collectively, found to be in violation of this Article shall be liable for any damages or costs which might be suffered by the City as a result of a violation of the provisions of this Article, in accordance with law. GSAF - 8 ARTICLE 5 ASSOCIATION REPRESENTATION 1) The Association may select up to four (4) employees from within the bargaining unit to act as representatives. The Association will make a good faith effort that each employee comes from a different department. The names of Association representatives shall be certified, in writing, to the City Manager's Office and to concerned Department Directors. With the prior approval of concerned supervisors, representatives may attend grievance meetings, pre-discipline investigation meetings, and labor/ management committee meetings without loss of pay for time spent during the representative's regular work schedule. The supervisor's approval will not be unreasonably withheld; provided, however, representatives will conduct their business so as to not disrupt the normal activities of City Departments. 2) Up to four (4) employee members of the Association's bargaining team may attend contract negotiation sessions with the City during their assigned work hours without loss of pay. Each employee must come from a different department. 3) The Association may designate one (1) employee to attend City Commission meetings during his/her regular work hours without loss of pay when a matter involving the parties' collective bargaining relationship is on the agenda of the City meeting. 4) Any absence provided for herein shall be subject to the prior approval of the employee's supervisor. Employees shall not be paid overtime for attendance at any meeting discussed in this Article. 5) An employee is entitled to request that a Union representative be pennitted to attend all formal interviews where the City's representative intends to gain information from the employee being interviewed that may result in a disciplinary action against that employee. The employee shall be informed of the nature of the interview, the alleged conduct being investigated, and if requested by the employee, given a reasonable period of time prior to the interview to contact an available Union Representative, provided that the interview is not unreasonably delayed. GSAF-9 ARTICLE 6 GRIEVANCE PROCEDURE Section 6.1. Purpose. It is recognized that complaints and grievances may arise between the bargaining agent and the employer or between the employer and anyone 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 setded 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 setde the grievances at the lowest level of supervision. The initiation or presentation of a grievance by an employee will not adversely affect his/her standing with the employer. No reprisals of any kind will be made by agents of the City against the grievant(s) or the Association's representatives by reason of such participation in the processing of their grievance. Similarly, the Association, 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. The parties agree that the grievance/arbitration process set forth in this Agreement shall be the sole and exclusive method of resolving all grievances by bargaining unit employees. Accordingly, upon the effective date of this Agreement (October 1, 2003), employees covered by this Agreement shall no longer be able to file an appeal or grievance via the City's Personnel Board procedure for any issue/ matter, and the parties agree that the Personnel Board shall not have any jurisdiction to hear any grievance or appeal filed by the bargaining unit or any bargaining unit employee regarding discipline or any other issue or matter. If, during the term of this Agreement, the City creates an alternative dispute resolution process, then the parties agree to meet and discuss whether that alternative dispute resolution process may be used by the bargaining agent and/ or bargaining unit employees via a binding Election of Remedies in lieu of the contractual grievance process. Section 6.2. Definitions. a) Grievance - a grievance is a dispute involving the interpretation or application of the express terms of any provision of this Agreement, excluding matters not covered by this Agreement or where Personnel Board rules and regulations are involved. Disciplinary actions, including discharges, may be grieved under this Article, as provided herein. Grievances regarding certain non-disciplinary matters, such as disagreements as to the meaning or application of or changes to personnel rules or other work rules or policies, may be filed by the bargaining agent via the contractual grievance process, provided however, that such grievances shall be eligible for processing only to Step III of this grievance process, and that the City Manager's (or designee's) decision at Step 3 shall be final and binding and shall not be subject to GSAF - 10 arbitration or any other further appeal. Grievances regarding questions of other non-disciplinary/contract interpretation matters shall be subject to the requirements of this grievance and arbitrator procedure. b) Awieved 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 - days as referred to as time limits herein shall mean working days (i.e., Monday through Friday, exclusive of scheduled holidays). Section 6.3. Special Provisions. a) The time limits set forth herein may only be extended and/ or modified by written agreement. The City Manager or designee may agree to a written extension of the grievance time limits, on behalf of the City, at any step in the grievance process. 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 Association or the grievant(s) fail to initiate or move the grievance through the grievance procedure, in accordance with the time limits set forth herein, it shall be deemed untimely and considered withdrawn. c) The parties acknowledge that, as a principle of interpretation, employees are obligated to work as directed while grievances are pending; except where the safety of a working condition or health of the employee(s) is the basis of the grievance. d) The aggrieved employee shall be allowed to be present at the various fonnal steps of the grievance procedure, including arbitration. To the extent said employee is on his/her regular work schedule, he/ she may attend without loss of pay for those actual hours during their regular work schedule. e) The Association shall designate in writing to the City the name of one individual who shall be designated as the Chief Steward, whose function shall be to assist the bargaining unit members in the processing of complaints and grievances under this procedure, In order to investigate, discuss and process grievances, GSAF - 11 the Chief Steward must request and receive written pennission twenty-four (24) hours in advance but it may be less than twenty-four (24) hours in emergencies, and report his/her return to work upon conclusion of the use of time for grievance matters. f) An employee may request Association representation in accordance with the provisions of this Agreement at each and every step of the grievance procedure set forth in this Agreement. g) The bargaining agent, in accordance with its own lawful internal rules, shall have the sole and exclusive right to detennine whether any grievance warrants processing through this arbitration procedure, In the event the bargaining agent detennines at any step of the grievance procedure that a grievance does not warrant processing, a written notification of that detennination shall be sent to the Executive Assistant to the City Manager/Labor Relations, with a copy to the Human Resources Director, and to the employee(s) involved who shall then be free to process it themselves or through legal counsel up through Step 3 only (except in cases of certain disciplinary actions as noted herein). h) 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 (subject to the limitations set forth herein), the bargaining agent shall be sent copies of all written communications sent by the employer or the employee(s) involved. Further, nothing herein contained shall be construed to prevent any public employees from representing, at any time, their own grievance in person or by legal counsel to the employer, and having such grievance(s) adjusted without the intervention of the bargaining agent, provided however, that the adjustment is not inconsistent with the terms of the collective bargaining agreement then in effect; and provided further that the bargaining agent has been given notice and a reasonable opportunity to be present at any meeting called for the resolution of such grievances. i) The bargaining agent shall not be responsible for any costs (including arbitration costs) attendant to the resolution of any grievance(s) it has not processed. j) 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. k) At Step I, all formal grievances shall be presented on the Grievance Form provided by the City. The grievance shall include the date of the alleged violation, the specific article and section grieved; a brief description of the grievance, and the remedy requested. The Election of Remedy Form shall be attached to the Step I grievance. GSAF - 12 1) Verbal warnings may be grieved only through Step I of this procedure. Written warnings may only be grieved through Step II of this procedure. Section 6.4. Election of Remedies. It is agreed by the Association that employees covered by this Agreement shall make an exclusive election of remedy prior to filing a Step I grievance or initiating action for redress in any other forum (to the extent that any other such process is available). Such choice of remedy will be made in writing on the Election of Remedy Form to be supplied by the City. The Election of Remedy Form will indicate whether the aggrieved party or parties wish to utilize the grievance procedure contained in the Agreement or initiate action for redress before a governmental board, agency, or court proceeding (to the extent that such other process is available). Selection of redress other than through the grievance procedure contained herein shall preclude the aggrieved party or parties from utilizing said grievance procedure for adjustment of said grievance. If applicable, the Election of Remedy Form shall be attached to the Step I grievance. GRIEVANCE STEPS: STEP I a) The gnevance shall be filed within ten (10) days of the alleged violation, misinterpretation or misapplication of the terms and conditions of employment set forth in this Agreement. b) The grievance shall be filed with the division head in writing, on the Grievance Form as provided by the City, and as agreed herein, and shall state the specific article, section and language alleged to have been violated. If applicable, the Election of Remedy Form shall be attached to the grievance. c) The division head or his/her designee shall note the date of receipt of the grievance on the Grievance Form, and shall schedule a meeting with the aggrieved employee to take place within five (5) days of receipt of the grievance. d) Within five (5) days of the meeting, the division head shall render a decision and shall immediately communicate that decision in writing to the aggrieved employee, the bargaining agent, and the department head. 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. g) The appeal shall be submitted in writing on the Grievance Form to the department head. Failure to appeal the decision of the division head within seven (7) days shall constitute acceptance by the aggrieved employee(s) and the bargaining agent of the decision as being a final resolution of the issues raised. GSAF - 13 STEP II a) If the aggrieved employee(s) appeals the decision, the department head shall schedule a meeting to take place not more than five (5) days after receipt of the appeal. The bargaining agent shall be advised in writing as to the date of the proposed meeting, and shall have the right to send one (1) observer to the proceedings if the bargaining agent is not involved in the actual representation of the aggrieved employee(s). b) Within five (5) days of the meeting, the department head shall render a decision and shall immediately communicate that decision in writing on the Grievance Form to the aggrieved employee(s), and to the bargaining agent. c) The aggrieved employee(s) may appeal the decision of the department head within seven (7) days of receipt of the decision. The appeal shall be communicated in writing to the City Manager or designee for Labor Relations on the Grievance Form and shall include copies of all pertinent documentation. Failure to appeal the decision of the department head within seven C!) days shall constitute acceptance by the aggrieved employee(s) and the bargaining agent of the decision as being a final resolution of the issues raised. STEP III a) If the aggrieved employee and/or a representative of the bargaining unit appeals the decision, the City Manager, or his/her designee, shall schedule a meeting with the aggrieved employee to take place within ten (10) days after receipt of the appeal. b) Within ten (10) days of the meeting, the City Manager or his/her designee shall render a decision and shall immediately communicate that decision in writing to the aggrieved employee and the bargaining agent. c) Failure to appeal the decision rendered in Step III within ten (10) days (for matters that are subject to the arbitration procedure) by notice of intent to submit to arbitration shall deem the decision at Step III to be final and no further appeal will be pursued. Section 6.5. Arbitration. If the employer and the aggrieved employee(s) and/or the bargaining agent fail to resolve the grievance, the grievance may be submitted to final and binding arbitration by an impartial neutral mutually selected by the parties, provided that the grievance involves a matter that is subject to the arbitration process. However, the parties agree that the bargaining agent maintains the exclusive right to determine whether any grievance concerning a non-disciplinary matter (that is outside the scope of Section 6.2 (a)) should be taken to GSAF - 14 arbitration under this procedure. In cases involving the issuance of certain disciplinary actions (i.e., only suspension without pay, disciplinary demotion, or tennination), the parties agree that an individual employee who is not represented by the bargaining agent may elect to proceed to arbitration under this procedure, provided that the employee shall be responsible for all costs and fees related to presenting his/her case. a) Notice of intent to submit the grievance to arbitration shall be communicated by the office of the Association President in writing to the office of the City Manager's designee for Labor Relations within ten (10) days of the receipt of the decision at Step III. Any request to go to arbitration on behalf of the employer is to go to the Association President. b) Within fourteen (14) days after written notice of submission to arbitration, the parties will agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified time, a request for a list of five (5) arbitrators shall be submitted to the Federal Mediation and Conciliation Service. Both the City and the Association shall have the right to strike names from the panel. The striking of names from the list of proposed arbitrators shall be accomplished by having the parties alternately cross out names on the list. The party requesting arbitration shall strike first. The arbitrator shall be notified ofhis/her selection within five (5) days by a joint letter from the City and the Association requesting that he/ she set a time and place for a meeting, subject to the availability of the City and the Association. c) The arbitrator shall have no right to amend, modify, ignore, add to, or subtract from the provisions of this Agreement. He/She shall consider and decide only the specific issue submitted to him/her in writing by the City and the Association, and shall have no authority to make a decision on any other issue not submitted to him/her. The arbitrator shall submit in writing his/her decision within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever is later, provided that the parties may mutually agree in writing to extend said limitation. The decision shall be based solely upon his/her interpretation of the 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. d) All arbitration costs, including the cost of stenographic reporting of the arbitration hearing, if agreed to by the parties, shall be divided equally between the employer and the bargaining agent (or the employee in cases where the bargaining agent is not representing the employee). Each party will pay the cost of presenting its own case, including the cost of attorney fees and witnesses. GSAF - 15 Section 6.6. Differences Concerning Personnel Rules. A difference of opinion with respect to the meaning or application of the Personnel Rules which directly affects wages, hours, or working conditions may be submitted through Step III of the grievance process as set forth in Section 6.2 (a). GSAF - 16 ARTICLE 7 HOURS OF WORK AND OVERTIME Section 7.1. Normal Workday. The normal workday shall consist of eight (8) hours of work, exclusive of the lunch period, in a twenty-four (24) hour period, unless some other workdays are specifically authorized by the City Manager. Section 7.2. Normal Workweek. The normal workweek shall consist of forty (40) hours per week, and such additional time as may, from time to time, be required in the judgment of the City to serve the citizens of the City. The workweek shall begin with the employee's first regular shift each week. No schedule changes involving shifts or days off shall be made without at least ten (10) workdays' notice to the employees involved, provided that in an emergency, or other such reason justifying a temporary schedule change only, such notice as is practicable shall be given. The implementation of this provision shall not be arbitrary and capnclous. Section 7.3. Rest Periods. Employees may take a rest period of fifteen (15) minutes for each half-day of work. Daily rest periods shall be scheduled by the supervisors. Whenever practicable, the rest period will be scheduled approximately mid-point in the first one-half of the employee's regular work shift and in the second half of the employee's regular work shift. Employees who extend their rest period are subject to disciplinary action. For each additional four (4) hours worked beyond the regular shift, an additional fifteen (15) minute rest period shall be provided. Employees in PSCU shall enjoy a fifty (50) minute meal break and a ten (10) minute rest period which, upon request of an employee and with the approval of the supervisor, will be combined into a sixty (60) minute meal break. Section 7.4. Reporting Pay. A full-time employee who reports to work as scheduled will be guaranteed eight (8) hours of work or eight (8) hours of pay; provided, however, that supervisors may assign employees to perform any reasonable work. Section 7.5. Overtime. It is understood that the City may require necessary and reasonable overtime for unit members. Where employees are eligible for overtime pay under the Fair Labor Standards Act, for all hours worked in excess of forty 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. GSAF -17 Annual leave, Holiday leave, and other paid leave shall be considered as time worked for the purpose of computing overtime; but sick leave shall not. For all hours worked on an employee's seventh consecutive workday within his/her workweek, the City shall pay two (2) times the employee's straight time hourly rate of pay, provided the employee has worked his/her full shift on each of the six (6) preceding workdays. 1bis provision shall not be applicable if a substantial number of employees are scheduled to work seven \7) consecutive workdays because of an emergency such as a hurricane. Section 7.6. Distribution of Overtime Opportuni1;y. Opportunity to work overtime shall be distributed as equally as practicable among employees in the same job classification in the same work section and area starting with the most senior employee, provided the employees are qualified to perform the specific overtime work required. Seniority for the purpose of this subsection shall mean length of continuous service with the City. Overtime opportunities shall be accumulated on adequate records (which shall be available to the employees) and offered overtime not worked shall be considered as worked in maintaining these records. If any qualified employee establishes that he/she has not received his/her fair share of overtime opportunities, such employee shall have first preference to future weekly overtime work until reasonable balance is recreated. Employees who have been credited for overtime hours not worked shall not be discriminated against with respect to future overtime opportunities. Section 7.7. Call Back Pay. An employee who is scheduled or called in to work outside of his/her normal hours of work will be guaranteed four (4) hours of work or (4) four hours of pay. Itis understood that call-in pay shall not overlap with an employee's regularly scheduled shift. Section 7.8. Stand By Pay. Employees expressly assigned to standby status shall receive two (2) hours of straight time as a Standby bonus for each day of that assignment. Employees will not be paid both the Standby bonus and Call Back pay for the same day (i.e., if called in while on Standby status the employee will be paid only the Call Back pay). The Standby bonus is not considered hours worked for determining overtime. Standby shall be assigned in the City's sole discretion. Employees assigned to standby must respond to any call within ten (10) minutes and must be available to report to the work-site within thirty (30) minutes (or some other reasonable period of time as determined based upon the circumstances). Failure to meet these requirements (as may be GSAF - 18 modified in the City's sole discretion), or other requirements related to standby assignments that may be determined necessary by the City, shall result in forfeiture of the Standby bonus, and possible disciplinary action, based on the circumstances of each case. Section 7.9 No Pyramiding. Premium pay and overtime shall not be paid for the same hours. The employee shall receive the greater of the two alternative premiums. GSAF - 19 ARTICLE 8 WAGES & FRINGE BENEFITS Section 8.1. Wages. The City of Miami Beach classification and pay system will be utilized under this contract. TIlls includes salary range changes, job audits, and market classification studies. TIlls does not include cost-of-living increases. No change shall take place until the Union President or his/her designee concurs. No decision made within the context of this provision shall result in a lower grade, the removal of a job classification from the bargaining unit, nor shall said decision resUItin an exemption from FLSA overtime requirements. a) Effective with the first (1 st) pay period ending in October of 2003, there shall be an across-the-board wage increase of two and one-half percent (2.5%) for all bargaining unit positions. Also effective on October 1, 2003, the minimum and maximum pay ranges for bargaining unit positions will be increased to match the present minimum and maximum ranges for the pay grades applicable to Unclassified classifications. b) Effective in the first (1 st) pay period ending in October of 2004, there shall be an across-the-board wage increase of two and one-half percent (2.5%) for all bargaining unit positions. In addition, the minimums and maximums of each range will increase by (at least) two and one-half percent (2.5%). c) Effective with the first (1st) pay period ending in October of 2005, there shall be an across-the-board wage increase of two and one-half percent (2.5%). In addition, the minimums and maximums of each range will increase by (at least) two and one-half four percent (2.5%). d) During the term of this Agreement, the City may, after consultation with the Union, increase the minimum and maximum of the bargaining unit salary ranges in an amount that may exceed the above noted increases to the minimum and maximum of the ranges, if the City determines that such changes are needed in order to maintain parity with non-bargaining unit pay grades. However, no adjustment to any paygrade made pursuant to this paragraph shall result in a decrease in the paygrades for any bargaining unit position below the contractually agreed upon adjustment set forth above in Sections 8 (a), (b), and (c). Within sixty (60) days of an employee's merit review date, the employee's Department shall complete a Performance Evaluation and forward it to Human Resources. The Evaluation shall be completed in accordance with the policy established by Human Resources. Failure to complete a Performance Evaluation within sixty (60) GSAF - 20 days will result in an automatic two percent (2%) salary increase. Any other increase will take effect retroactively when the evaluation is completed. Performance Evaluation increases may total no more than four percent (4%). Employees who receive a score of ninety (90) or above shall receive a four percent (4%) increase on their merit review date. Employees who receive a score ofless than ninety (90), but eighty (80) or above, shall receive a three percent (3%) increase on their merit date. Employees who receive a score ofless than eighty (80), but sixty (60) or above, shall receive a two percent (2%) increase on their merit date. If an employee's merit rating score does not qualify him/her for a merit increase, the employee may grieve the evaluation up to Step 3 under the provisions of this Agreement. Section 8.2. Holidays. The following fourteen (14) days shall be considered holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the day following Thanksgiving, Christmas Day, Dr. Martin Luther King's Birthday, three (3) floating holidays, and the Employee's Birthday. Employees shall become eligible for floating holidays and the Birthday Holiday upon completing six (6) months continuous service with the City. Section 8.3. Holiday Pay. a) Whenever any of the holidays listed in Section 2. Holidays, of this Agreement fall on a Sunday (or Monday for employees whose regular day off is Monday), the following workday shall be observed as the official holiday; whenever any of the above listed holidays occur on a Saturday (or Friday for employees whose regular day off is Friday), the preceding workday shall be observed as the official holiday. In such cases, the day on which the holiday is observed shall be considered to be the paid holiday and not the regular day. City celebrated holidays that fall on Tuesday, Wednesday, or Thursday, and said holiday is on the employee's regular day off, then the employee shall receive a day's pay for said holiday, if they meet all of the qualifications contained herein. b) To be eligible for a paid holiday, an employee must report for scheduled work on the holiday, 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: GSAF - 21 1) an employee calls in sick and is eligible to receive paid sick leave, and who is granted sick leave usage; 2) approved annual leave; 3) floating holiday; 4) birthday. 5) bereavement. c) Whenever an observed holiday occurs on an employee's scheduled day off and the employee does not work thereon, the employee shall receive for his/her normal workday a straight time hourly rate of pay for the holiday. e) Work on a holiday falling on a non-job basis employee's regularly scheduled work day, he/she shall receive holiday pay for the holiday and time and one half for the hours worked. e) Should a non-job basis employee be required to work on a holiday falling on his/her day off, he/ she shall receive holiday pay for the holiday and shall receive pay at double time and one half rate for the hours worked. f) Failure to report for work on, before, after, or during the holiday after having been scheduled to work on such holiday shall be just cause for denial of holiday pay. g) A holiday which is observed during an employee's regularly scheduled workweek shall be considered as time worked for the purpose of computing overtime for non-job basis employees. Section 8.4. Allowances. Allowances being received by employees as of October 1, 1998 shall continue to be paid to those employees during the term of this Agreement. Section 8.5. Meal Allowance. An employee who works three (3) or more hours of overtime that is contiguous with his/her shift shall be paid a seven dollars ($7.00) meal allowance. In the event of emergency conditions and employees are supplied with a meal while working the overtime hours, the meal allowance, as provided under this Section, shall cease. Section 8.6. Bereavement Leave. In case of death in the immediate family of an employee, time off with straight-time pay will be allowed for up to two (2) scheduled workdays per death. An additional three (3) days may be granted, for a maximum of five (5) days off, if approved by the Department Head. The three (3) additional GSAF - 22 days off may be charged to the employee's accrued sick or vacation time, and shall not be counted against the employee for the purposes of performance evaluations ratings. The immediate family shall be defined as father, mother, husband, wife, sister, brother, son, daughter, grandchild, grandfather, grandmother, mother-in-law, father-in-law, stepfather, stepmother, stepson or stepdaughter, or domestic partner (as defined in the Domestic Partner Leave Ordinance). In the case of a death of a member of the employee's family not herein specified but who lived with the employee's family at the time of his/her death, consideration will be given to the employee's request to use accrued annual -leave or floating holidays to attend the funeral. Upon request, an employee may be required to provide verification of his/her relationship to the deceased and of the death. Section 8.7. Unpaid Leaves. Leave of absence without pay may be granted in accordance with the City of Miami Beach Personnel Rules. Section 8.8. JUlY Duty. The City ofMiarni Beach shall permit employees either to keep payments received from Courts of competent jurisdiction for being on jury duty, or in the alternative, their standard rate of pay, whichever is higher. For each day an employee is called to jury duty, he/she shall be excused from work for such time as is necessary to complete jury duty service. Employees are expected to return to work upon being released from jury duty during the work shift. However, if three (3) hours or less are left in the employee's work shift at the time that the employee is released from jury duty, the employee shall immediately contact his/her immediate supervisor for instructions as to whether he/she should return to work for the remainder of that shift. Section 8.9. Uniforms. For the term of this Agreement, the City will provide uniforms (i.e., a full uniform set shall include a long or short sleeve shirt and long or short pants) to bargaining unit employees who are required to wear them. Employees will be issued 5 sets of new uniforms (4 sets if the employee works a 4 day work week) in January of each year. New employees will be issued five (5) sets (or four (4) sets depending on the employees schedule) of uniforms upon entry into the bargaining unit. If an employee has been employed in the bargaining unit position for six (6) months or less when additional new uniforms are issued in January, then the additional new uniforms will not be issued to the employee at that time, but the employee will be issued a complete set of new uniforms in the following January. The composition of the uniform shall be detertnined by the Department Director after consultation with the Association. The uniforms issued shall be chosen based on considerations of employee safety and comfort, as well as cost. Issued uniforms items (i.e., a shirt or pants) will be replaced on a timely basis by the Department upon the employee's presentation of worn or damaged uniform items provided, however, employees shall receive no more than two (2) additional replacement uniforms items (up to 2 shirts GSAF - 23 and/or 2 pants) each year. Each Department Director shall provide necessary safety/foul weather gear, as appropriate. The Beach Patrol Operations Supervisor shall be provided with one (1) sweat suit per year. All GSA Employees will receive one (1) uniform jacket during the term of the contract. The vendors will deliver the uniforms in the month of January of each year for the term of this Agreement. Section 8.10. Safety Shoes. Employees in the following job classifications will be required to wear safety shoes during all working hours. A safety shoe certificate will be provided for up to seventy-five dollars ($75.00) per year to those employees in the following job classifications for the purchase of safety shoes meeting ANSIZ41 Federal Safety Standards. Those employees in the following classifications will make his/her safety shoe selection from a predetertnined list of safety shoes, which will be developed by a Association/Management Committee comprised of two (2) Association representatives and two (2) Management representatives. Air Conditioning Supenrisor Electrician Supervisor Fleet Operations Supervisor Metered Service Supervisor Park Operations Supervisor Property Management Operations Supervisor Senior Building Inspector Sewer Field Operations Supervisor Street Operation Supervisor Warehouse Supervisor City Surveyor Electronics/Instruments Supervisor Maintenance Supervisor Paint Supervisor Plumbing Supervisor Pumping Operations Supervisor Senior Engineering Inspector Street Lighting Operations Supervisor Water Field Operations Supervisor Water Service Representative Employees receiving the safety shoe certificate will be required to purchase and wear the safety shoes during all working hours, and will be subject to up to the loss of a day's pay for each day that the employee reports to work and fails to wear the required safety shoes. Action taken against the employee under this Section shall not be appealable to the Personnel Board or grievable under this Agreement. When due to extreme wear and tear or accidental destruction, a replacement pair of safety shoes is required, the City will grant an additional shoe certificate for up to seventy-five dollars ($75.00) for the purchase of a replacement pair of safety shoes when the destroyed or unrepairable pair of safety shoes is turned in to the GSAF - 24 Department. The Department Director, or his/her designee, shall issue the certificate for the replacement pair of safety shoes on the basis of need and not on an automatic basis. Further the replacement of worn heels and/or soles on the safety shoes shall be the responsibility of the employee and not the City. Section 8.11. Shift Differential. Where a majority of an employee's regularly assigned shift hours fall between 3:00 p.m. and 11:00 p.m., the employee shall receive a shift differential of forty five cents ($.45) per hour for work performed after 3:00 p.m. Where a majority of an employee's regularly assigned shift hours fall between 11 :00 p.m. and 6:30 a.m., the employee shall receive a shift differential of fifty- five cents ($.55) per hour for work performed after 11:00 p.m. Section 8.12. 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 perfortning the principal duties in a higher pay classification for more than two (2) hours per day, and they shall not exceed 580 hours in a 12-month period, and shall be paid as follows, except at the sole discretion of the Human Resources Director, he/she may waive the 580 hour cap if in his/her judgment, it will best serve the needs of the City service: a) 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. b) If he/ she is temporarily working for two (2) or more consecutive hours in a higher paying classification, he/she shall be paid an hourly rate of one dollar ($1.00) per hour to be added to the employee's straight-time rate of pay. Employees being trained with on-site supervisory assistance in a bona-fide training program for a higher paying classification will be paid their current rate in their regular classification during such training time. Section 8.13. Paid Leave. Full-time bargaining unit employees shall earn and be paid for sick leave and vacation leave in accordance with Ordinance No. 1335; provided, however that: A medical certificate, signed by a licensed physician, shall be required to substantiate a request for sick leave when: a) a supervisor suspects abuse of sick leave because of a developing pattern (e.g., frequent sick leave usage GSAF - 25 of less than one shift in a continuing twelve (12) month period, employee denied annual leave and subsequendy claims illness, etc.). The Supervisor shall inform the employee that a doctor's excuse will be required in order to "approve" any further use of sick leave. Such requirement shall be reviewed by the Human Resources Department at the end of six (6) months to detertnine if it is necessary that it continue; or b) the illness occurred while the employee was on vacation leave and a request is made to credit sick leave instead of vacation; or c) an employee has been absent from work for more than five (5) consecutive workdays. d) In an emergency, such as a hurricane. The grant of emergency leave as provided for in the City's Work Rules may be denied, if an employee does not provide evidence satisfactory to his/her supervisor that the cause of the absence was an emergency. Section 8.14. Perfect Attendance Bonus. Full-time employees who perform the full scope of their regularly assigned classification for the full term of each Fiscal Year covered by this Agreement (i.e., 2003/2004; 2004/2005; 2005/2006), shall receive a lump sum bonus of three hundred dollars ($300.00), (non-pensionable earnings) provided that they have not used sick leave or been absent for any reason thatwas not authorized at least forty-eight (48) hours in advance. An employee will also be allowed two (2) incidents of tardiness and one (1) emergency vacation. This bonus shall be paid in December of each year of the contract. Section 8.15. Part-Time Employees. Notwithstanding any other provision in this Agreement, bargaining unit employees who work part-time schedules shall earn fifty percent (50%) of sick and vacation leave credits earned by full-time employees. Pay for absences due to illness or vacation shall be for approved hours absent from scheduled assignments. Payoffs for sick and vacation balances at separation, bereavement leave, and holiday pay shall also be provided at the rate of fifty percent (50%) of that afforded to full-time employees. Section 8.16. Sick and Vacation Leave Accrual and Maximum Payment on Termination. The present policy concerning sick leave, including the policy for payment of accrued sick and vacation time combined, up to a maximum of one year's salary, upon tertnination, retirement, or death, shall continue for all employees hired before October 1, 1978. GSAF - 26 All employees covered by the agreement and hired after October 1, 1978 shall, under applicable ordinances, rules and regulations: shall be allowed to accumulate no more than 360 hours of vacation leave except in accordance with provision for postponement of vacation leave; be permitted to transfer sick leave in excess of 360 hours to vacation leave at the rate of two (2) days of sick leave to one (1) day vacation leave to be used in the pay period year when transferred, be permitted a maximum payment time at tertnination, death, or retirement of 480 hours vacation leave and one-half of sick leave to a maximum of 600 hours. See schedule of implementation below: 1. A post October 1, 1978 employee who retires between April 8, 2002 and April 30, 2002, shall be entitled to termination payout of one-half (1 /2) of his/her accrued sick leave up to a maximum payout of four hundred and eighty (480) hours. 2. A post 1978 employee who retires on or after April 30, 2002, shall be entitled to a termination payout of one-half ('12) of his/her accrued sick leave up to a maximum payout of 600 hours. 3. Effective January 1, 2002, the "Must Use" accrual on vacation will be raised to 360 hours. Section 8.17. Pay for Hazard Duty. Effective June 19, 2002, employees working hazard duty will be paid $1.00 an hour for time actually spent in these activities. Hazard duty applies to the following activities: A. Spraying hazardous chemicals (The definition of "hazardous" shall be consistent with the current definition as of ratification). B. Diving with scuba gear C. Working in trenches five (5) feet in depth or greater D. Working in raw sewage E. Working forty (40) feet or higher on aerial lift operations. Section 8.18 Essential Personnel (Hurricane Pay). When the City declares an emergency due to a named hurricane and other events and non-essential personnel employees are advised to stay home with pay and essential personnel employees are ordered to work, essential personnel employees shall be paid at the rate of one and one- half of their straight hourly wages for all hours worked for up to three (3) days. This provision shall be effective on June 19,2002. Section 8.19. Property Management- License(s) Maintenance. Three (3) positions in Property Management (AC Supervisor, Electrical Supervisor, and Plumbing Supervisor) will receive a supplement of two hundred and fifty dollars ($250) biweekly for using their license as a qualifier. The supplement will start when the employee's GSAF - 27 license is approved by the Licensing Board. The supplement will continue until either party requests a change of status to remove the qualifier or if the license expires. The City will fill out the appropriate forms in a timely fashion and send a copy of the completed form to GSAF. Effective in the first full bi-weekly pay period after October 1, 2005, the supplement will increase to three hundred dollars ($300.00) bi-weekly. The Supplement is not part of base salary. Therefore, the supplement can go above the maximum of the pay range. The supplement is pensionable. The supplement will be reviewed on an annual basis to determine if the supplement should be increased according to market conditions. The City is researching whether any additionallicensee(s) may be used as a primary qualifier in another City Department/Division. In the event that the City detertnines that any additionallicensee(s) may be used as a primary qualifier under terms that are acceptable to the City, and the City decides to use any additional licensee, then the employee/licensee will be paid the qualification payment under the terms set forth above. Section 8.20. Tool Reimbursement. After the effective date of this Agreement (October 1, 2003) the City will commence a Tool Reimbursement benefit through which bargaining unit employees in the job classifications of Air Conditioning Supervisor, Electrician Supervisor, and Plumbing Supervisor may be reimbursed for an employee's tool that is damaged or broken while being used at work, provided however, that the damage must not be the result of the employee's negligence. The maximum amount payable in any fiscal year for tool reimbursement per employee is $400. To be eligible for reimbursement, the employee must provide to the Department or Division Director, the broken/damaged tool (which the City may keep) and a report describing the circumstances regarding where, when and how tool was broken/damaged, and the receipt for the replacement tool purchased which must be of like quality and value. The tool must not be otherwise repairable or replaceable through a manufacturer's warranty. Denial of a request for reimbursement is not grievable. Bargaining unit employees in the above noted positions, who have been paid a Tool Allowance benefit before October of 1998, will remain eligible for only such Tool Allowance. Bargaining unit employees in the above noted positions who were hired after October of 1998 and/ or who were not receiving a Tool Allowance will be eligible for the Tool Reimbursement. However, no employee will be eligible for both a Tool Allowance and Tool Reimbursement benefits. GSAF - 28 ARTICLE 9 INSURANCE The City shall offer medical, dental, and life insurance benefit plans to full-time bargaining unit employees and their legal dependents during the term of this Agreement. The City will continue to pay at least fifty percent (50%) of the premium cost for eligible employees. The City will continue to offer alternative plans as options for employees. The City may change insurance carriers and/or the scope and level of benefits in any plan. The City also may change the percentage of premium cost paid by the City (i.e., provided that it remains at least 50%) from year to year for anyone or more of the optional plans available, depending upon the scope and level of benefits available in each of the optional plans. The City agrees that it will not change the level of benefits during the term of this Agreement without first consulting with the Group Insurance Board, or a labor-management advisory committee created as a substitute for such Board. A bargaining unit employee may serve on this Board/committee for as long as bargaining unit employees participate, exclusively, in the City's group health insurance plan. GSAF - 29 ARTICLE 10 PENSION AND REOPENERS During the term of this Agreement, the current benefit provisions of the General Employees' Pension Plan shall continue in effect for full-time bargaining unit employees. The parties agree that any bargaining unit member who elected/s to participate in the 401-A retirement program (in lieu of participating in the City's pension plan) shall be required to work at least ten (10) years before becoming eligible for any retiree health benefits from the City. Commencing on or after October 1, 2004, the Union reserves the right, with thirty (30) days written notice, to reopen the Pension Article, to discuss the potential for implementation of pension benefits that have been the subject of actuarial studies. Commencing on or after October 1, 2004, the City also reserves the right, with thirty (30) days written notice, to reopen two Articles for negotiations. GSAF - 30 ARTICLE 11 GENERAL PROVISIONS Section 11.1. Discrimination. In accordapce with applicable federal, and state law, the City and the Association agree not to discriminate against any employee on the basis of race, creed, color, religion, handicap, sex, national origin, age, sexual orientation, marital status, political party affiliation, or Association membership. Section 11.2. Meetings Between Parties. At the reasonable request of either party, the Association President, or his/her representative, and the City Manager, or his/her representative, shall meet at least quarterly at a mutually agreed time and place to discuss matters of concern. Whenever time permits, the party requesting the meeting shall submit written notice of the subject matter to be discussed. Such notice shall be submitted one week in advance of the proposed meeting date. Whenever the Association President, or his/her representative, makes suggestions or recommendations to the City Manager, or his/her representative, specifically concenung productivity of job safety, the City Manager, or his/her representative, will respond as appropriate. Section 11.3. Work Rules. The City will provide the Association with a copy of any written rules that are instituted or modified during the term of this Agreement affecting employees in the bargaining unit. In the event the City desires to alter, amend, or modify existing written work rules, or promulgate new written work rules, the proposed changes will be submitted for review to a joint labor/management committee. The City shall have two (2) representatives and the Association shall have two (2) representatives on this committee, which will make recommendations to the City Manager. The proposed changes shall not become effective until a final decision of the City Manager has been rendered whose decision is not grievable. Section 11.4. Stress Reduction/Police Department's Public Safety Communications Unit. Those employees covered by this Agreement who work in the Miami Beach Police Department's Public Safety Communications Unit (pSCU), will be given a stress reduction training program provided by the City. Such stress training will be a one-day stress seminar as given to sworn officers. Should an employee and/or management supervisor believe that an employee might benefit by being referred to the City's Employee Assistance Program (EAP), then the employee will be referred consistent with current policies. If an employee needs help beyond that offered by the EAP, then the EAP may require appropriate referrals for outside professional assistance. Section 11.5. Labor/Management Committee. In order to strengthen the parties' labor-management relations, the GSA agrees to participate with the City in labor-management committees to address the issues in Departments. Such committees may be requested by the GSA or by the City (through the City Manager, Department Directors, or designees) to meet at mutually accepted times. GSAF - 31 Section 11.6. Safety. The City agrees to provide, at no cost to the employee, any appropriate safety equipment required to be worn or otherwise utilized by the employee. This shall include such items as hard hats, gloves, etc. Those employees issued such equipment will be responsible for such safety equipment, and any loss or damage due to the neglect of the employee may require the employee to pay for the replacement of said City-issued equipment. a) The City agrees to provide, upon request, up-to-date, non-glare screens for computer tertninals. 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 will provide appropriate self-defense training to all Parking Enforcement employees. d) The Association 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. e) If there is a central, Citywide Safety Committee, the Association's President, or his/her designee, may be a member if he/ she so requests. Section 11.7. Bulletin Boards. The Association may, at its own expense, place a bulletin board in each department, not to exceed approximately three feet by two feet (3' x 2') in size. The Bulletin Boards shall be used for posting the following notices only: a) Notices of Association Meetings. b) Notices of Association Elections. c) Reports of Association Committees. d) Recreational and Social Affairs of the Association. e) Any material of informational nature related to Government Supervisors Association of Florida/OPEIU. Materials, notices or announcements which contain anything political or controversial that might reflect upon the City, any of its employees, or any other labor organizations among its employees, or any materials, notices, or announcements which violate any of the provisions of this Section, shall not be posted. GSAF - 32 Any materials that are posted which are not in conformance with this Section may be removed at the discretion of the City. Section 11.8. Probationaty Employees. A probationary employee who is dismissed without cause shall have the right to discuss with the appointing officer the reasons for such dismissal at a mutually agreed to time. Following such meeting, a probationary employee, if he/she so desires, shall have the right to further review the reasons for such dismissal with the City Manager or his/her designated representative at a mutually agreed to time. It is expressly understood, however, that the appointing officer retains the exclusive discretion with respect to the retention or dismissal of probationary employees. Periods of absence shall cause the probationary period to be extended for an equal amount of time. At the request of the appointing authority, the Human Resources Director 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 11.9. Notification in the Event of Transfer or Contracting Out. When the City contemplates entering into a contract with an outside supplier or service agency to perform services presently being performed by bargaining unit employees, the City agrees that it will meet and discuss with the representatives of the Association both the decision to contract and the effect of such contract upon members of the bargaining unit. Such discussions will include a review of any cost analysis done by the City and will occur prior to the execution of such a contract. If the City enters into such a contract and, as a result thereof, an employee will be laid off, the City agrees such employee shall be entitled to fIrst consideration by the contractor 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 Human Resources Director. If there are no jobs available, the reduction in force provision contained in the Personnel Rules shall apply. Section 11.10. Seniority. 1) When vacations are scheduled, permanent vacancies or shifts are filled, or promotions are made to a GSAF - 33 position within the bargaining unit, seniority shall apply when all other factors are equal. For these purposes, seniority shall be measured by the length of time in the affected classification. 2) Seniority will not apply in an emergency. 3) For those members promoted on the same date, seniority will be detertnined by date of employment. 4) For members whose promotion date and date of employment are the same, seniority shall be detennined by the higher score on the eligibility list. Section 11.11. Reduction in Force. When there is a reduction in the bargaining unit workforce, employees will be subject to the layoff procedure set forth in the City's Personnel Rules. Section 11.12. Military Leave. Federal and State law concerning military leave govern the City and all employees represented by this Agreement shall receive the benefits of such laws. Section 11.13. Pay Advances. An employee in this unit may request his/her annual leave pay check in advance of any scheduled annual leave by submitting a request to his/her Department Director at least one (1) pay period prior to leaving on annual leave. Section 11.14. Mentoring Program. Bargaining unit employees may request to participate in the City's Mentoring Program, as set forth in the Human Resources' Department policies and procedures, which may be changed from time to time or discontinued at the City Manager's discretion. Denial or disapproval of a request for participation in this Program shall not be grievable. GSAF - 34 ARTICLE 12 DRUG AND ALCOHOL TESTING Section 12.1. The City and the Association recognize that employee substance and alcohol abuse has an adverse impact on City government, the image of City employees, the general health, welfare, and safety of employees, and the general public at large. Section 12.2. Using, selling, possessing or being under the influence of drugs or controlled substances while at work is prohibited. Employees are further prohibited from consuming alcohol and drugs on duty and/ or abusing alcohol and drugs off duty to the extent that such use and/ or abuse tends to have an effect upon the performance of their job functions. Section 12.3. The City may require any employee to submit to a blood analysis, urine analysis and/ or Breathalyzer when it has a reasonable suspicion as defined in Florida Statutes 440.102 (N) that an employee is under the influence of or using alcohol, drugs or narcotics and/or when an employee has caused, contributed to or been involved in an accident (i.e., automobile or other injury). Section 12.4. In the event a urine specimen is tested as positive, a portion of that sample will be subjected to a second test at the employee's request and at the employee's expense. Section 12.5. At the conclusion of the drug and alcohol testing, the City may take whatever action, if any, it deems appropriate. In the event that said action is in the form of discipline, the employee may grieve said discipline through the contractual grievance/arbitration procedure. Section 12.6. The parties agree that an employee's refusal to submit ("refusal to submit" includes adulterating a sample or submitting a false sample) to drug or alcohol testing in accordance with the provisions of this Article may result in disciplinary action being taken against the employee up to and including dismissal. Section 12.7. Drug! Alcohol Random Testing. !tis important to the safety and welfare of employees and the public that bargaining unit members not be impaired by alcohol while on duty nor use illegal drugs. To demonstrate the commitment of the City and the Association to this notion, employees will be subject to random testing during the term of this Agreement. Employees will be chosen from a blind list by the Human Resources Department or its designee. Those employees who have a CDL license and are in the CDL Drug Testing Pool will not be part of the GSA Drug Testing Pool since the employees who hold a CDL license are already being randomly tested. In other words, all GSA employees will be in either the CDL Random Drug Testing Pool or the GSA Random Drug Testing PooL GSAF - 35 Section 12.8. Last Chance Agreement. Employees testing positive may be offered the opportunity to enter into a "Last Chance Agreement" to continue their employment. The Agreement shall require participation in a rehabilitation program and such other requirements as set forth by the City. The City reserves the right to tertninate an employee without providing him/her with a Last Chance Agreement, if the incident giving rise to the positive drug test involved threatening or violent behavior or conduct so disgraceful that it causes substantial embarrassment to the Administration. Employees under a Last Chance Agreement who test positive shall be tertninated from employment with the City and this is not grievable under the grievance procedure. Employees shall be entitled to only one (1) chance for substance abuse rehabilitation during employment with the City. GSAF - 36 ARTICLE 13 SAVINGS If any provisions of this Agreement are subsequently declared by the proper legislative or judicial authority to be unlawful or unenforceable, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. Upon issuance of such a decision or declaration which is not appealed by either party, the parties shall, following a request by either party, negotiate in good faith on a substitute article, section or portion thereof. GSAF - 37 ARTICLE 14 ENTIRE AGREEMENT The Association 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 Association waives the right, during the term of this Agreement, to bargain collectively with respect to any subject or matter referred to or covered in this Agreement, and it particularly waives the right to bargain over the City's exercise of any of its Management's rights set forth in the Management Rights Article of thisAgreement, e.g., changing work hour schedule, transferring employees, laying off employees, etc., except as otherwise provided herein. The parties intend that this Agreement shall constitute the sole source of their rights and obligations from and to each other for its term either by specific provision or by silence. If the Agreement does not prevent it, the City may take any action (or fail to take any action) it desires and shall have no obligation to bargain with the Association concerning the taking, or not, of the action; but may take unilateral action at the time it desires. The Association does not waive, and shall retain its right, to bargain with the City over the impact of any action taken by the City not set forth in this Agreement, but such impact bargaining shall not serve to delay Management's action until agreement or impasse is resolved concerning the impact at issue. This Agreement may be amended by mutual agreement of the parties but any amendments must be in writing and signed by duly authorized representatives of the parties before it will be effective. GSAF - 38 ARTICLE 15 TERM OF AGREEMENT & REOPENER This Agreement shall be effective as of October 1, 2003, and shall continue for a term through September 30, 2006, unless extended as follows: 1. Either party may require, by written notice to the other, not later than June 1,2006, discussions concerning modifications, amendments, and renewals of this Agreement to be effective October 1, 2006. If neither party shall submit such written notice during the indicated period, this Agreement shall automatically be renewed, in its entirety, for the period October 1, 2006 through September 30, 2007. 2. Provided the contract was extended under the provisions outlined in number one (#1) above, either party may require, by written notice to the other, not later than June 1, 2007, discussions concerning modifications, amendments, and renewals of this Agreement to be effective October 1, 2007. If neither party shall submit such written notice during the indicated period, this Agreement shall automatically be renewed, in its entirety, for the period October 1, 2007 through September 30, 2008.i GSAF - 39 GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA. OPEIU. LOCAL 100 ELECTION OF REMEDY FORM Grievance No. This form must be completed and signed at the first step of the grievance procedure. Employee must elect, sign, and date only one of the two following choices: 1._ I!We elect to utilize the Grievance Procedure contained in the current Agreement between the City of:Miami Beach, Florida, and Government Supervisors Association of Florida, OPEIU, Local 100. I understand that this choice precludes my utilization of Option Number 2. Employee Signature Date 2._ I/We elect to utilize another forum for my/our grievance, and in doing so, I/we permanently waive my/our contractual right to the Grievance Procedure contained in the current labor Agreement between the City of Miami Beach and Government Supervisors Association of Florida, OPEIU, Local 1 00. Any resolution of a grievance from another forum cannot be inconsistent with the terms of the collective bargaining agreement that is in effect. Employee Signature Date LG\mr A/Draft GSA Final Contract 2003-2006 with strike and underline.doc GSAF - 41 Executed by the parties hereto on the \--=t day of DC T (:) g e R ,2003. GOVERNMENT SUPERVISORS ASSOCIATION of FLORIDA, OPEIU LOCAL 100 BY:~~ Richard Ellis GSAF President CITY OF MIAMI BEACH ./ By: ~ ~~0~~ Donald D. Slesnick Chief N egotiator/ GSA OJ IJ ACn1. -A , Nornikos Tsakrios Union Representative ~~ Union Representative A TIEST: iAwJ faA~ Robert Parcher City Clerk GSAF - 40 10/10/03 Fl:I 16:20 FAX 305 379 3802 ~IULLER MIN'rZ. P.A. ~002 r!iU MUllER lvlINTZ Da'.ld V. !<Dmreidl' Michael W. Casey, II' James C. Crosland' .lames S. Bramick' ,!ordoo D. RoJers' C1rmen S. Jrimson' J,/Irey E. Mandel' llt,llse M. Haskin' Pa"' T. Ryder, Jr.' Ben'on N. Wood' Marena Oulnlana Mora,es' David C. Miller Jtlflna Rlnehan Rassif Debra M. Lubldn' Leslie Mliler Tomczak DaIIId A Young J. Michael Marshall Erik A. Nelson Miguel A. Martinez Of Counsel Kely Cheary Sul2berger Ray C. Mulklr (1924-1977) Herbert B. MIntz (1924-1993) Joseph A. Caldwell (1923-1996) 'BMr(' Certt'lea in Llltorand ErnplO'jlmnl Law 1..'80R AND EMPLOYMENT ATTORNfYS O,'tober 10, 2003 VIA FACSIMILE Donald M, Papy. Esquire Chief Deputy City Attorney City of Miami Beach Fourth Floor 1700 Convention Center Drive Miami Beach, Florida 33139-1819 Re: Review of the Government Supervisors of America, Local 100 Collective Bargaining Agreement for October 1,2003, to September 30,2006 Dear Don: Pursuant to your request, I have. reviewed the proposed Agreement !letween the City and GSA Local 100. Ba~ed upon this review. I approve of the Agreeme 1t as to form and J'~gality. 1/;K 14.tJ. Paul T. Ryder, Jr. r Please reply to Miami Office: Muller Mintz, P.A. Suite 3600 200 South B,scayne Boulevard Miam:, FI0I1da 33131 MiamI 305-358-5/500 Broward 954-522-0393 ,aCSllnli, 3',)5-.\79 '802 Suite 1525 255 South Orange Avenue Orlanoo. Florida 32601 T8Iephone 407-843-1400 Facsimile 40 i -843., '. \MWI.multermintz.com G:\J85000\COITespondencc\P'fR3 76mar.. wpd CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.mlami-beach.fl.us COMMISSION MEMORANDUM Mayor David Dermer and Date: October 15, 2003 Members of the City Commission Jorge M. Gonzalez ~ City Manager tI u A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA TO RATIFY A THRE-e- YEAR LABOR AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDAlOPEIU LOCAL 100, (GSA) FOR THE PERIOD FROM OCTOBER 1, 2003 THROUGH SEPTEMBER 30, 2006, AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT. ADMINISTRATION RECOMMENDATION: To: From: Subject: Adopt the Resolution. BACKGROUND: On September 17'h, after six negotiation sessions, negotiators for the City and the Government Supervisors Association of FloridalOPEIU Local 100, (GSA) successfully concluded negotiations for a three year collective bargaining agreement. The Union membership has reviewed the proposed Agreement and voted to ratify it as presented. While negotiators for the City and the Union were obliged to represent the best interest of their respective .clients,. the shared goal was to produce an Agreement that was equitable as to competitive compensation and working conditions. The following is a summary of the most significant changes from the previous Agreement. Waaes The term of the Agreement will extend for three (3) years from October 1, 2003 through September 30, 2006. Effective with the first full payroll period that begins on or after September 26, 2003, bargaining unit employees will receive a two and one half percent (2.5%) salary increase. Effective with the first full payroll period that begins on or after September 23, 2004, bargaining unit employees will receive a two and one half percent (2.5%) salary increase. Effective with the first full payroll period that begins on or before September 30, 2005, bargaining unit employees will receive a two and one half percent (2.5%) salary increase. The City agreed to increase as of October 1, 2003, the minimum and maximum salary ranges of GSA employees, to the levels equal to similar Unclassified pay ranges. 94 COMMISSION MEMORANDUM OCTOBER 15, 2003COMMISSION MEETING PAGE 2 Based on current, active employees the estimated cost for the wage increases are approximately $53,645 for Fiscal Year 200312004; approximately $54,987 for Fiscal Year 200412005; and approximately $57,702 for Fiscal Year 2005/2006. The GSA and City have also agreed to a "me-too" clause on COLA with CWA, which will entitle GSA to a higher COLA should CW A negotiate a higher COLA with City upon the conclusion of CW A contract negotiations. Other Economic and Contractual aareements Amend language for Employee Rights during interviews and Meetings Language in the contract will be amended to identify employee rights during disciplinary interviews. Election of Remedies The parties agreed that the grievance/arbitration process set forth in the Agreement will be the sole and exclusive method of resolving all grievances covered by bargaining unit employees. The Personnel Board will no longer have jurisdiction to hear any grievances or appeals filed by GSA members. The Agreement also gives latitude to the City Manager's designee for Labor Relations to agree to written extension requests during the grievance process in an effort to fully resolve all grievances at the earliest stage possible. Stand-by Pay Similar to other City Collective Bargaining Agreements, GSA employees will be entitled to stand-by pay when they are expressly assigned to be on stand-by for City emergencies. The stand-by time is defined as 2 hours of straight time pay for each day assigned. Uniforms The City agreed to provide five new sets of unifonns (increasing from two in the current contract), per year to each employee. Safety Shoes Due to an increased cost of Safety Shoes, the City agreed to increase the reimbursement for safety shoes from $60/year to $75/year. Qualifying Ucense Pending approval by the appropriate regulatory agencies, the parties agree to add additional employees to be designated as approved primary "qualifiers" for the City for licensed Plumbing, 95 COMMISSION MEMORANDUM OCTOBER 15, 2003 COMMISSION MEETING PAGE 3 Electrical, Air Conditioning, and other trades as needed by the City to expedite projects. This designation entitles the employee to an annual $6,500 bonus, while lowering costs for the City by not having to hire outside licensed qualifiers. The City agreed to increase the qualifier pay from $250 per pay period to $300 per pay period beginning with the Year 3 of the contract. Tool Reimbursement Program For those employees required to use their own tools to perform their job (and who are not_ eligible for a tool allowance), a tool reimbursement program has been established fortaols that are broken or damaged while being used at work. The provision includes a $400 annual cap, and reporting requirements for the employee. Health Insurance Language was added to the contract to allow the City more flexibility to develop altemative health plan options for employees. This will afford the City an opportunity to negotiate more effectively, and allow the employees more options on health care for themselves and their families. The parties also agreed that all bargaining unit employees who elect or have elected to participate in the 401A retirement program must have the same length of service requirements, (10 years) to acquire retiree health care benefits, as those employees in the City's pension plan. Labor-Management Committee The parties restated their commitment to participate in the mutual resolution of labor issues through labor-management committees. Mentorlng Program GSA will participate in the Mentoring Program which adopted the Govemor's Mentoring initiative, which allows an employee to mentor within the City of Miami Beach a maximum of four hours per month. The program was created on 10/02, and defines those activities that qualify under the program. CONCLUSION: The Administration recommends that the Mayor and City Commission adopt the Resolution to implement the collective bargaining adjustments negotiated between the City of Miami Beach and Government Supervisors Association of Florida (GSAYOPEIU Local 100. JMG\MDB\LG\mr F:\HUMAILABORRELILabor RelallonslConvnlsslon Memos\Resolutions\GSA Resolution for 2003-2006 contract.doc 96 RESOLUTION NO. 2003-25365 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA TO RATIFY THE THREE YEAR LABOR AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE GOVERNMENT SUPERVISORS ASSOCIATION OFFLORIDA/OPEIU LOCAL 100, (GSA) FOR THE PERIOD FROM OCTOBER 1, 2003 THROUGH SEPTEMBER 30,2006, AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT WHEREAS, the City Manager has submitted to the Mayor and City Commission the Labor Agreement (Agreement) recently negotiated between the City of Miami Beach, Florida and the Government Supervisors Association of Florida/OPEIU Local 100 (GSA), the bargaining agent certified by the Public Employees Relations Commission (PERC) for the ernployees covered by said agreement; and WHEREAS, the previous Labor Agreement was for a three year period from October 1, 2000 through September 30, 2003 and has expired; and WHEREAS, the GSA bargaining unit ratified the attached Agreement and the City Manager recommends that the City Commission ratify and authorize the execution of the Agreement between the City and the GSA Union; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the attached Labor Agreement between the City of Miami Beach and GSA Local 100 is hereby ratified and that the Mayor and City Clerk are authorized to execute the Agreement. PASSED AND ADOPTED this1Sday of October MAYOR ATTEST: JMGIMDB/LG F:\HUMAILABORREL\I.abor RelationslCommission Memos\Resolutions\GSA Resolution for the 2OO3.20l}i.PP~D /itS TO FORM & LANGUAGE & FOR EXECUTION (}~ /~b< ityAtlor 0.