93-20753 Reso
RESOLUTION NO.
93-20753
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH APPROVING THE THREE
YEAR LABOR AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND THE AMERICAN FEDERATION OF STATE,
COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL 1554,
FOR THE PERIOD MAY 1, 1992 TO APRIL 30, 1995
WHEREAS, the city Manager has submitted for consideration by
the Mayor and City commission of the city of Miami Beach, a Labor
Agreement by and between the City of Miami Beach and the Miami
American Federation of State County and Municipal Employees, Local
1554, the bargaining agent certified by the Public Employees
Relations Commission for employees covered by said agreement: and
WHEREAS, such Labor Agreement for the period May 1, 1992 to
April 30, 1995, is attached herein as "Attachment A": and
WHEREAS, the previous Labor Agreement was for the three year
period May 1, 1988 to April 30, 1992: and
WHEREAS, the city Manager has recommended that the City
. Commission approved said labor agreement: and
WHEREAS, the City commission is familiar with the terms of the
Labor Agreement and finds and determines that the entry into and
the execution thereof for and in the name of the City of Miami
Beach is in the best interest of the City of Miami Beach and its
residents.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the aforesaid
Labor Agreement be and is hereby approved in accordance with and
subject to the provisions of Chapter 447, Part II, Florida Statute,
in the name of and on behalf of the City of Miami Beach, and that
the financial officers of the City be and are hereby directed to
make the disbursements called for by said Agreement from funds of
the city available for such purposes and upon ratification by both
parties.
PASSED and ADOPTED this 8th
1993.
ATTEST:
j;JG(!ltrlrui E. 7ncui!jJJu- J1. J/ d-d~
city Clerk I ~~~r
FORM APPROVED:
JC1) 4~2~~
City Attorney
PFL:me
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
CITY OF MIAMI BEACH
OFFICE OF THE CITY. MANAGER
TELEPHONE: (305) 873.7010
FAX: (305) 873-n82
COMMISSION MEMORANDUM NO. ~
DATE:
April 8, 1993
TO:
Mayor Seymour Gelber and
Members of the City Commission
FROM:
SUBJECT:
A RESOLUTION APPROVING THE LABOR AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH AND THE AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES, (AFSCME LOCAL 1554) FOR THE THREE (3) YEAR PERIOD
FROM MAY 1, 1992 TO APRIL 30, 1995
RECOJDIBHDATIOH:
The Administration recommends that the City Commission adopt the
attached Resolution which approves the recommended Labor Agreement
with the American Federation of state, County and Municipal.
Employees (AFSCME Local 1554) for the three (3) year period May 1,
1992 to April 30, 1995.
BACKGROUND:
The American Federation of state, County, and Municipal Employees
(AFSCME Local 1554) is an employee labor association which
represents approximately.250 of the City's employees.
The previous Labor Agreement was for a three (3) year period ending
April 30, 1992.
PROPOSBD AGREBMENT:
The proposed Labor Agreement between the City of Miami Beach and
AFSCME Local 1554 was achieved after rapid and intense
negotiations. Although the parties on each side of the bargaining
table negotiated in their own best interests, the prime concern for
both was returning the City's financial health and preserving the
status and jobs of existing employees. These seemingly opposing
objectives contributed greatly to the intensity of the negotiations
and the urgency for agreement.
The resulting Agreement includes the critical components of: 1)
Wage and Pension Reform: 2) No Layoffs: and 3) Wage increases.
On Wednesday, March 31, 1993, the members of AFSCME Local 1554
voted in favor of ratification of the proposed agreement.
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DATE
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AGENDA
ITEM
HIGHLIGHTS OF THE AGREEMENT:
Summary highlights of the major provisions of the proposed
Agreement are as follows:
A, WAGE REFOlUl
, BIFURCATED PENSION PLAN ("Green Report") for all new
employees hired after ratification by members of Local
1554.
. 401 (A) DEFINED CONTRIBUTION PLAN option for new employees
at a fixed rate of 10%.
EARLY RETIREMENT INCENTIVE of 2 years of age or 2 years
of service for eligible members, with a 60-day option
period.
EMPLOYEE PENSION CONTRIBUTIONS will be increased by 2%
trom 8% to 10%.
, ADMINISTRATIVE EXPENSES. for the employees pension plan
will be borne by the plan assets.
B. SALARY REFOlUl
TWO-TIER SALARY PLAN reduced by 15% for all new employees
hired after ratification by members of Local 1554.
C, OTHER
WAGE SETTLEMENT for bargaining unit members are as
follows:
2.0% effective on ratification.
2.0% effective May 1, 1994
, TEMPORARY FULL-TIME EMPLOYEBS Up to fifteen (15) persons
may be employed in bargaining unit classifications on a
temporary full-time basis for periods not to exceed one
(1) year each. Such persons are be exempt from Civil
Service Rules.
. ACCUMULATED LBAVE BALANCES for sick leave or vacation
balances will be paid in lump-sum or 2 installments, at
employees' option.
. NO LAYOFFS for the term of contract except for
disciplinary purposes.
The complete Labor Agreement is attached herein as "Attachment A".
BUDGETARY IMPLICATIONS:
The wage and pension reform components of the recommended Labor
Agreement has lasting budgetary implications in the form of
significant recurring savings to the City of Miami Beach.
A, RECOMMENDED WAGE SETTLEMENT:
The recommended settlement includes the significant component
of a two tier salary structure for new employees as prescribed
in the plan for returning the City of Miami Beach to fiscal
health. Implementing the two tier salary structure on a
timely basis, provides sufficient saving to ensure the
affordability of the negotiated wage increase for current
employees. The components of the wage settlement are as
follows:
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1. TWO TIER SALARY STRUCTURE
A two tier salary structure for all new employees hired
on or after April I, 1993. The second tier (Tier B)
wouI"d be reduced by fifteen percent (15%) below that for
current employees.
Assuming an annual six percent (6%) turn-over rate for
employees in this bargaining unit, the two tier salary
plan would result in annual savings of $45,000. The
estimated savings over the term of the Agreement is
projected to be $228,750.
2 , WAGE INCREASES
The Agreement provides a four percent (4,0%) salary
increase with no retroactivity, for existing employees.
The effective dates for these increases are as follows:
2.0%
2.0%
April 1, 1993
May 1, 1994
The estimated cost for the wage increases is $345,333
over the term of the Agreement which covers three fiscal
years.
3, WAGE COST SUKMARY
Assuming that all retiring/terminated employees are
replaced and that there is no reduction in the bargaining
unit workforce, it is projected that after funding the
wage increases, the City would realize savings of
$264,667 over the term of the contract. This savings
consists of the following:
Two Tier Salary
Wage Increase
Attrition
Savings
Amount
$(228,750)
345,333
(381.250)
$(264.667)
The City will continue to realize these savings after the term of
the current Agreement has expired.
B, PBNSION REPORK
The recommended Settlement provides for pension reform which
affect all current and future employees represented by AFSCME
Local 1554. The components of this reform are as follows:
1. CURRENT BMPLOYEES
Pension reform for current employees will be accomplished
through increased employee contributions to the system.
Current contributions will increase by 2% to 10%; this
increased contribution will represent saving of over
$300,000 to the City during the term of the Agreement.
2, NEW BMPLOYEES (After April 1, 1993)
All new employees, hired on or after April 1, 1993, will
receive the reduced pension benefits prescribed in the
"Green Report". Major provisions in the report beyond
that for current employees are:
i. Benefit reduced to 3% for all years of service with
a maximum accumulation of 80%.
ii. Final Average Monthly Earnings reduced to average
of highest 3 years for base pay and longevity only.
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iii. Retirement age increased to 60 years with 10 years
of service.
Initial saving to the City would be minimal due to the
gradual rate of hiring new employees. It is projected
that this savings would be over $100,000 for the term of
the contract.
3, EARLY RETIREMENT INCENTIVE
The early retirement incentive of 2 years of service or
2 years of age for eligible members will not only provide
cost savings from new employees through the two tier
salary structure (reduced by 15%) and bifurcated pension
(Green Report) but would also provide greater
opportunities for employee diversification.
The City will continue to realize these savings after the term of
the current Agreement has expired.
This is ~h. first time in the history of the City of Miami Beach
that a negotiated waqe settlement will result in siqnificant
current and future savinqs to the City, in addition to providing a
waqe increase to existinq employees,
ADDITIONAL LEGISLATION:
Implementation of the provl.sl.ons for Wage and Pension Reform
requires additional legislation l.n the form of ordinance
amendments. The necessary ordinance amendments for bifurcated
pension, two-tier salary plan, early retirement incentive,
increased employee pension contributions, and wage increases are
being presented at today's meeting for adoption on first reading.
A public hearing and second reading for these ordinances is
scheduled for April 21, 1993.
CONCLUSION:
The recommended Labor Agreement with AFSCME Lo~al 1554 marks the
culmination of negotiations in which both sides intensely
represented their interests. The Settlement accomplishes the last
major component for returning the City to fiscal health through
waq. and pension reform while providing the employees represented
by AFSCME Local 1554 with job security through their commitment to
support the financial needs of the City of Miami Beach.
I wish to take this opportunity to thank Willie Kirby, President,
Local 1554; Albert Lundy; Nicholas D'Amato; Willie Lawyer: Frank
Bonham, Regional Director, Council 79: Jessie Jones and Lester
Rosenberg, AFSCME Staff Representatives who comprised the AFSCME
negotiating committee, as well as Dean Mielke, Peter Liu and Linda
Groff who represented the City of Miami Beach for their dedication
in reaching a mutual settlement of these difficult issues.
\ ~
~L:me
4
CONTRACT
Between
CITY OF MIAMI BEACH, FLORIDA
and the
MIAMI BEACH MUNICIPAL EMPLOYEES
UNION, AFSCME LOCAL NO. 1664
DATES: MAY 1, 1992 - APRIL 30, 1996
ATTACHMENT -A-
AGENDA
ITEM
DATE
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TABLE OF CONTENTS
eM&
CONTRACT 1
WITNESSETH 1
ARTICLE I RECOGNITION 2
Section 1.1 Representation 2
Section 1.2 Bargaining Unit 2
Section 1.3 Rights of Individuals 3
ARTICLE 1/ DEDUCTION OF UNION DUES 5
Section 2.1 Checkoff 5
Section 2.2 Indemnification 5
ARTICLE 1/1 EQUAL EMPLOYMENT OPPORTUNITY 6
Section 3.1 No Discrimination 6
Section 3.2 Affirmative Action 6
Section 3.3 Examinations 6
ARTICLE IV GRIEVANCE PROCEDURE 7
Section 4. 1 Definition of Grievance & Time Limit for Filing 7
Section 4.2 Grievance Procedure 7
Section 4.3 Binding Arbitration 8
Section 4.4 Authority of Arbitrator 8
Section 4.5 Expenses of Arbitration 8
Section 4.6 Differences Concerning Personnel Rules 9
Section 4.7 Election of Remedies 9
Section 4.8 Grievances Involving Discipline 9
Section 4.9 Union Stewards 10
Section 4. 10 Grievance Meetings 10
Section 4. 11 Union Representation 10
ARTICLE V NO STRIKE OR LOCKOUT 11
Section 5. 1 No Strike 11
Section 5.2 No Lockout 11
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TABLE OF CONTENTS ~
ARTICLE VI MANAGEMENT RIGHTS 12
ARTICLE VII HOURS OF WORK AND OVERTIME 13
Section 7.1 Purpose 13
Section 7.2 Normal Workday 13
Section 7.3 Normal Workweek 13
Section 7.4 Weekly OvertIme 13
Section 7.5 Distribution of Overtime Opportunity 13
Section 7.8 No Pyramiding 13
Section 7.7 Paid Leave as Time Worked for the Purpose of
Computing Overtime 14
Section 7.8 RestPerlods 14
Section 7.9 Sixth Consecutive Day of Work 14
Section 7. 10 Seventh Consecutive Day of Work 14
Section 7. 11 Shift Starting Time 14
Sect/on 7.12 Reporting Pay 14
Section 7.13 Call-In and Call-Back Pay 14
Section 7.14 Sanitation Department Work Schedule 15
Section 7.15 Work Schedule 15
ARTICLE VII WA GES AND FRINGE BENEFITS 16
Section 8.1 Wages 16
Section 8.2 Shift Differential 16
Section 8.3 Holidays 16
Section 8.4 Holiday Pay 17
Section 8.5 Rate of Pay When Working Out of Classification 17
Section 8.6 Uniforms 17
Sect/on 8.7 Vacation Benefits 17
Section 8.8 Voting Time 17
Section 8.9 Meal Allowance 18
Section 8. 10 Jury and Witness Duty 18
Section 8. 11 Tool Allowance 18
Section 8.12 Bereavement 18
Section 8.13 Pay Periods 19
Section 8. 14 Injury SeNice Connected 19
Section 8.15 Certificates 19
Section 8.16 Pay for Spraying Hazardous Chemicals 19
Section 8.17 Changes In Benefits 19
Section 8.18 Pension 20
II
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TABLE OF CONTENTS
ARTICLE IX
Section 9. 1
Section 9.2
Section 9.3
Section 9.4
Section 9.5
Section 9.6
Section 9.7
Sect/on 9.8
Section 9.9
Section 9. 10
Section 9. 11
ARTICLE X
Section 10.1
Section 10.2
Section 10.3
Section 10.4
Section 10.5
Section 10.6
Section 10.7
Section 10.8
Section 10.9
Section 10. 10
Section 10.11
Section 10.12
Section 10.13
Section 10.14
Section 10.15
Section 10.16
Section 10.17
Section 10.18
ARTICLE XI
ARTICLE XII
ARTICLE XIII
ARTICLE XIV
eMiE.
SENIORITY
22
Definition
Layoffs
Recalls
Break in Seniority
Seniority Lists
Union Officer Continuation 01 Duties
Promotions
Demotions
Preference for Out of Class Assignments
Shift Preference
TemporaTY Employees
22
22
23
23
24
24
24
24
24
25
25
GENERAL PROVISIONS
26
Worlc Rules
Clean-up Time
Joint Committee
Safety
Emergency Medical Attention
Transportation of Employees
Transfer
Civic Duty
Unpaid Leaves
Negotiation Pay
Contracting & Subcontracting of Public Works
Sick & Vacation Leave Accrual & Maximum
Payment on Termination
Changes In Job Specifications & New Classifications
Opportunity for Advancement
Union Conventions
Educational Leave
Meetings Leave
Union Bulletin Boards
28
28
28
26
26
27
27
27
27
27
27
28
28
28
28
28
29
29
DRUG AND ALCOHOL TESTING
SA VlNGS
ENTIRE CONTRACT
30
31
32
TERM OF CONTRACT
33
34
ELECTION OF REMEDY FORM
35
EXECUTION
MEMORANDUM OF UNDERSTANDING
36
iii
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CONTRACT
THIS CONTRACT, made and entered Into this day of 1993,
by and between the CITY OF MIAMI BEACH, FLORIDA, (herein catted the 'C1Iy"), and the MIAMI BEACH
MUNICIPAL EMPLOYEES UNION, LOCAL 1554, (herein called the "Union'.
WITNESSETH:
WHEREAS, this Contract has as Its purpose the promotion of harmonious relations between the City
and the Union and the nagotlatlon of Wigal, houra, and working condition. to be In effect during the
term(s) of this Contract; and
WHEREAS, the rights, obligations, and authority of the parties to this Contract are governed by and
subject to the laws of the State of Florida;
NOW, THEREFORE, the parties agree with each other as follows:
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ARTicLE I
RECOGNITION
Section 1.1. ReDresentlltion. Pursuant to and in accordance with afl applicable provisions of Chapter
447, Part /I of the Florida Statutes, the City recognizes the Union as the exclusive bargaining representative
for a/l employees Included In the bargaining unit 01 Local 1554, for the purpoae 01 collective bargaining
concerning wages, hours of work and other terms and conditions 01 employment.
Section 1.2. Bara.inina Unit. The bargaining unit 01 this local union has been determined by the Public
Employees Relations Commission to be appropriate for the purpoa.. 01 collective bargaining. CertJflctlte
No. 379 was issued to Local 1554 on January 9, 1978. The bargaining unit of this local union Includ.. all
classifications listed below:
Assistant Pumping Mechanic
Building Attendant
Community Center Director
Control Room Operator
Custodial Supervisor
Custodial Worker
Equipment Attendant
Equipment Mechanic
Fire Equipment Mechanic
Guard
Heavy Equipment Operator I and /I
Laborer I and /I
Maintenance Mechanic
Maintenance Worker I, /I, III, and IV
Nursery Supervisor
Park Attendant I and /I
Park Mechanic
Park Supervisor I
Police Utility Worker
Pumping Mechanic
Recreation Attendant
Recreation Director
Recreation Guard I and /I
Recreation Operations Mechanic.
Sewer Pipefitter
Sewer Supervisor
Shop Clerk
Stable Worker
Storekeeper
Stores Clerk
Street Supervisor I
ffeeMamtenanceSupervisor
Tree Trimmer
Utility Worker
Waste Collector
Waste Driver Supervisor
Water Meter Reader
Water Meter Technician
Water Pipefitter
Water Supervisor
Welder
Welder Supervisor
Whiteway Supervisor I
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..-........,..........'..
Section 1.3. Riahts of IndividulJls.
(a) A union member shall be entitled to Union representation In accordance with the provisions
of this Contract at each and eveI)' step of the grievance procedure set forth In this Contract.
(b) Either Party has the right to have an attorney present at step four (4) of the grlflll8llCe
procedure, provided that sufficient notices Is given to the other party so that said other party may
likewise have an attorney present" It so desires.
(c) All references to 'employees'ln thIs COntract shall mean both sexes, and where the male
gender I. u.ed, It Ih." be con.trued to Include mall and female empIoyHIJ. The City 1{1"" not
to Interfere with the rights of employees to become members of the Union and the Union agrees
not to Interfere with the rights of employees to refrain from becomIng Union members. There shall
be no discrimination, Interference, restraint, or coercion by the City against any employee because
of Union membership or Union actlvfty. There shall be no discrimination, Interference, restraint,
coercion by the Union against any employee because of non-unlon membership.
(d) No mechanical recording devices of any kind shall be used In discussions between
department heads, division heads, or supervisors and employees unless the parties mutually agree
otherwise. It Is specifically understood that this subsection shall not In any way apply to any CIty
board.
(e) During an entrance Interview, no prospective new employee who would be covered by this
Agreement shall be questioned concerning his feelings, pro or con, towerr:J the Union.
(I) Upon reasonable request, an employee or his Union representative designated In writing shall
have the right to review his personnel file maintained by the Personnel Department (or by the
Division) In the presence of an appropriate'representative of the Personnel Department or Division
Management. Employees shall be provided with a copy of any documents placed in his personnel
file which adversely reflect on an employee's work performance. "requested by the employees,
his supervisor will discuss the documents with him. The employee shall be allowed to place In
his personnel flie a response of reasonable length to anything contained therein which the
employee deems to be adverse.
3
1Z
It is specifically understood, that this provision shall not in any way aner or modify the personnel
Rules concerning tests or examinations and the period of time which an employee has to review
tests or examinations which he has taken.
(g) Nothing contained In this Contract shall abridge the rights of Ind/vidUfJI employees or the
employer under Florida law.
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ARTICLE /I
DEDUCTION OF UNION DUES
SflCtion 2. ,. ChfICkoff. Upon receipt of a lawfully executed written authorization from an employee, which
Is presented to the City by an official designated by the Union In wrltlng, the City agrees during the tenn
of this Contract to deduct the uniform bl-weekly Union dues 01 such employees from their pay end remit
such deductions to the Union T,..lurer toQether with . list of the employees from whom deductions W8f'lI
made; provided, however, that such authorization Is revocable at the employee's will upon thirty (30) days
written notice to the City and the Union. The Union will notify the City thirty (30) days prior to any change
In Its dues structure.
The Union shall pay, during the term of this Agreement the amount 01 sixty dollara ($60) annually as a
service charge for Implementing and processing the above stated dues deductions. The Union shall make
the payment on or before April 1 of each year of the Agreement.
SflCtion 2.2. Indemnification. The Union agrees to Indemnify and hold the City harmless against any and
all claims, suits, orders or Judgments brought or Issued against the City as a result of any action taken or
not taken by the City under the provision of this Article.
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14
ARTICLE III
EOUAL EMPLOYMENT OPPORTUNITY
Section 3. 7. No Oiscrimination. In accordance with applicable Federal and State law, the City and the
Union agree not to discriminate against any employee on the basis of age, race, creed, color, SSK, national
origin, or political balfefs.
Nothing contained herein shall SeNe as a barrier for the Implementation by the City of any such personnel
actions as deemed necessaty to comply with the Americans With Dlsabllftles Act.
Section 3.2. Affirmation Action. The parties acknowledge the existence of Federal Guidelines on
voluntaty affirmative action programa and the City I. committed to the development of In AffIrrnlt/ve Action
Plan In accordance with those guldelfnes and law. The Union will ba provided with an opportUnity to
participate In the development of the Plan, and will thereafter assist the City In achieving any lawful goals
set forth In the Plan.
Section 3.3. Examinations.. The City Is committed to the utilization of fair, job-related examinations and
fairly administering such examinations, however, the subject matter and/or administration of these
examinations shall not be subject to the grievance and arbitration procedure of this Contract, however,
questions or complaints concerning examinations may be brought to the Personnel Director.
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ARTICLE IV
GRIEVANCE PROCEDURE
Section 4. 1. Definition of Grievllnce IInd r""e limit for Filina. A grievance Is a dispute InvoMng Ihe
Interpretation and application of the express terms of this Contract, excludlfIfJ matters not covered by Ihls
Contract. The Union acknowtedges that Ihe Personnel Soard retains Ihe right to make, enforce, amfNId,
and apply the Personnel Rules and Regulations, and that neither the City, the Union, nor 117 arl:JItrator can
control the Personnel Soard's exercise of Ihls right. No grievance shall be entertained or processed unless
It Is submitted within ten (10) working days after Ihe occurrence of the event gMng rise to the grievance
or within ten (10) working days after the employee, through the use of reasonable diligence, should have
obtained knowledge of the occurrence of Ihe event gMng rise to Ihe grievance.
'Section 4.2. Grievance Procedure. Grievances shall be processed, IndMdually, as follows:
STEP 1:
Any employee who has a grievance (or a steward on the employee's behalf) shall submit
It to the supeNisor designated for this purpose by the City, and" the employee wishes he
shall be accompanied by his Union Steward. If no settlement I. reached, the supervisor'
shall give the Clty's written answer within five (5) working days after such presenl8t1on.
STEP 2:
If the grievance Is not settled in Step 1 and Ihe employee wishes to appeaIlhe grievance
to Step 2 of the Grievance Procedure, it shall be referred In writing to the DMsion Head
within three (3) working days after the designated supervisor'. answer In Step 1, and shall
be signed by the employee and/or the Union Steward. The DMslon Head, or his
Representative, shall discuss the grievance within Ihree (3) working days with Ihe Union
Steward at a time mutually agreeable to the parties. "no settlement Is reached, Ihe
DMslon Head or his Representative, shall give the CIty's written I17swer to Ihe Union within
three (3) working days following their meeting.
STEP 3:
" the grievance Is not settled In Step 2 and the employee wishes to appeal the grievance
to Step 3 of the Grievance Procedure, It shall be referred In writing to Ihe Department Head
wllhln three (3) working days after the DMslon Head's I17swer In Step 2 and shall be
signed by the employee and/or the Union Steward. The Department Head, or his
Representative shall discuss the grievance within three (3) working days with Ihe Union
Steward at a time mutually agreeable to Ihe parties. "no settlement Is reached, the
Department Head, or his Representative, shall give the City's written answer to the Union
within three (3) working days following their meeting.
7
16
STEP 4:
If the grievance is not settled in Step 3 and the Union and/or the employee desire to
appeal, the Union President or his designated Representative and/or the employee shall
appeal in writing to the City Manager within three (3) working days after the designated
Department Head's answer in Step 3. A meeting between the City Manager, or his
Representative, and the Union Grievance Committee, not to exceed five (5) employees
(and/or the empioyee) shall be held at a time mutually agreeable to the parties. if no
settlement or a settlement is reached, the City Manager, or his Representative, shall give
the City's written answer to the Union and the employee within five (5) working days
following the meeting.
The Union President or the Chief Steward and the appropriate Department Head may mutually agree In
writing that the first two steps of the grievance procedure set forth above may be bypassed " the
circumstances warrent It.
Section 4.3. Bindlna Arbitration. If the grievance is not resolved In Step .. of the grievance procedure,
the Union, on behalf of the employee(s) who filed the grievance, or the employee(s) himself (themselves),
may refer the grievance to binding arbitration within five (5) working days after receipt of the City's answer
in Step 4. The parties shall attempt to agree upon an arbitrator within ten (10) working days after receipt
of notice of referral and in the event the parties are unabie to agree upon an arbitrator within said ten (10)
workday period, either or both parties may request the Federal Mediation and Conciliation Service to submit
a panel of five (5) arbitrators. Both the City and the Union shall have the right to strike two names from the
panei. The parties shall alternately strike one name at a time. The remaining person shall be the arbItr8tor.
The arbitrator shall be notified of his selection within five (5) working days by a/oint letter from the parties
requesting that he advise the parties of his availability for a hearing.
Section 4.4. Authoritv of Arbitrator. The arbitrator shall have no right to amend, modify, ignore, add to,
or subtract from the provisions of this Contract. He shall consider and decide only the specific issue
submitted to him in writing by the parties, and shall have no authority to make a decision on any other issue
not so submitted to him. The arbitrator shall submit in writing his 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 mutuaily agree in writing to extend said limitation. The decision shali be based solely upon his
interpretation of the meaning or appliCation of the eKpress terms of this Contract to the facts of the
grievance presented. Consistent with this section, the decision of the arbitrator shall be finai and binding.
Section 4.5. EXDBnses of Arbitration. The fee and eKpenses of the arbitrator shall be paid by the party
not prevailing in the decision of the arbitrator. If only one party wishes a written transcript, It shall be the
party's sole financial responsibility. If both parties wish the transcrip~ they shall spilt the cost. Each party
shall be responsible for compensating its own representative and witnesses.
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Section 4.6. Differ_ces Concernina Personnel Rules. A difference of opinion with respect to the
meaning or application of Personnel Rules which directly affect wages, hours or working conditions may
be submitted by the employee or the Union President or designee to the City Manager or his
Representative within ten (10) days after the occurrence of the event giving rise to the difference of opinion.
The Personnel Director, or his Representative, and the City Manager, or his Representative, shall discuss
the matter with the employee and the Union Steward or Union Representative at a time mutually agreeable
to the parties. "no settlement Is reached at this meeting, the employee retains his right to appeal to the
Personnel Board under the statutoI}' procedures governing such appeals.
Section 4. 7. Election of Remedies. It Is agreed by the Union that employees covered by this contract
shall make an exclusive ./ectlon of remedy prior to filing a 2nd Step Grlevancl or Initiation action for
redress In any other forum. Such choice of remedy will be made In writing on the form to be supplied by
the City. The election form will Indicate whether the aggrieved party or parties wish to utilize the grievance
procedure contained In the Contract or process the grievance, app", or administrative action before a
governmental board, commission, agency or court proceeding. 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.
Section 4. B. Grievances InvoMna Disc/Dline. Discipline shall only be for Just cause and shall Include
oral reprimand (excluding Informal counseling), written reprimand, suspension or dismissal. Anyemployee
who has completed working test period (probational)' period) and who Is disciplined, may file a grievance
concerning same. Such a grievance shall be submitted to the Department Head within four (4) working
days of the Imposition of the discipline. The Department Head, or his Representative, and the City Manager
or his Representative, shall discuss the grievance within two (2) working days with the employee and the
Union Steward or the Union Representative at a time mutually agreeable to the parties.
If no settlement Is reached at this meeting, the employee retains whatever rights he may have to appeal
to the Personnel Board under Its procedures, rules and rerJu/atlons, or may elect to take his or her
grlevence to arbitration, however an election to arbitrate shall foreclose any resort to the Personnel Board,
and an election to the Personnel Board shall foreclose any resort to arbitration.
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Ssction 4.9. Union Stewards. Union Stewards shall be designated by the Union. The Union shall be
entitled to 15 Stewards distributed as follows:
Sanitation
Parks
Mechanical Maintenance
Water /Sewer
Streets and Streetlights
Property Maintenance
Recreation and Cultural Affairs and Bass Museum
Parking Department
Chief Steward
3
2V
2V
2
1
1
2
1
1
V Each at a different location.
The Chief Steward shall have the right to function In the absence of any designated Steward. The Union
shall certify In writing to the City the names of the Stewards In each of the foregoing areas who shall be
employed In said area. Stewards shall be permitted during working hours without loss of pay, to
Investigate, discuss and process grievances in their respective areas; provided the following conditions
are met: (1) They first secure the permission of the Supervisor designated by the City for this purpose (such
permission shall not be unreasonably denied); (2) The Supervisor shall be notified 24 hours prior to
Investigating, discussing, and processing grievances on City time (shorter notice may be given In the case
of emergencies); and (3) The Union Steward or Representative will report his/her return to work to the
Immediate Supervisor upon conclusion of the use of time for grievance under this ssctlon.
Ssction 4. 10. Grievance Meetinas. Grievance meetings shall be held at mutually agreed to times and
places. Where practicable, the parties should schedule such meetings during working hours.
Ssction 4. 11. Union ReDfesentation. The Union, In accordance with Chapter 447.401, Florida Statues,
shall not be required to process grievances for employees who are not members of the Union. The Union
will, however, be notified of the filing of all grievances and shall have a right to be present at any scheduled
meetings or hearings held pursuant to Section 4.2 (Grievance Procedure). Employees shall be entitled to
represent themselves throughout the grievance procedure and arbitration; however, In that event, he/she
shall bear the costs which would otherwise have been paid for by the Union.
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ARTICLE V
NO STRIKE AND NO LOCKOUT
Section 6.7. No Strike. The parties hereby recognize the provisions of Chapter 447, Florida Statutes,
which define strikes. prohibit strikes. and establish penalties In the case of a strike and Incorporate those
statutoly provisions herein by reference. The parties further agree that the City shall have the right to
discharge or otherwise discipline any employee(s) who engage(s) In any activity defined In Sect/on
447.203(6) of the Florida Statutes.
Section 6.2. No Lockout. The City will not lockout any employees during the term of this Contract as a
result of a labor dispute with the Union.
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ARTICLE VI
MANAGEMENT RIGHTS
It is recognized that, except as stated herein, the City shall retain whatever rights and authority ere
necesS8ty for it to operate and direct the affairs of the City and its various depattments in a/l of Its various
aspects, Including, but not limited to, the right to direct the working forces; to plan, direct, and control all
the operations and services of the various depattments; to determine the methods, means, organization
and personnel by which such operations and services are to be conducted; to assign and transfer
employees; to schedule the working hours; to hire and promote; to demote, suspend, discipline or .
discharge for Just cause, or relieve employees due to lack of work or for other legit/mate reasons; to make
and enforce reasonable rules and regulations; to change or eliminate existing methods, equipment, or
facilities; provided, however, that the exercise of any of the above rights shall not conflict with any of the
express written provisions of this Contrsct, and that a grlevlnce may be filed.
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ARTICLE VII
HOURS OF WORK AND OVERTIME
Section 7. 1. PurDose. This Article is intended to define /he normal hours of work and to provide !he basis
for /he calculation and payment of overtime. It shall not be construed as a guarantee of hours of worll per
day or per week, or of days of work per week.
Sect/on 7.2. Normal Workdav. The normeJ worllday shall consist of eight (8) or ten (10) consecutive
hours of work, exclusive of the lunch period, In a twenty-four (24) hour period. Prior to any chang8 In !he
normeJ workday of a group of employees, /he City will discuss /he proposed change wfIh /he Un/on.
Sect/on 7.3. Normal Workweek. The normal workweek shall consist of forty (40) hours per week. The
workweek shall begin with the employee's first regular shift each week. "/he workweek Is changed, /he
employee will nqrmally be notified ten (10) days prior to /he effective date of change; provided /hat shoner
notice may be given if circumstances do not permit /he giving of ten (10) days notice; provided further that
It may be changed upon shorter notice upon agreement by /he Union.
Section 7.4. Weeklv Overtime. For all hours worked In excess of forty (40) hours during an employee's
workweek, the City will pay the employee at /he applicable overt/me rate.
Sect/on 7.5. Distribution of Overtime OODortunitv. Opportunity to work overtime shall be distributed
equally as practicable among employees in the same Job classification In the same work section and area
starting with the most senior employee, provided the employees are qualified to perform /he specific
overtime work required. Seniority for the purpose of this subsection only shall mean length of continuous
service in /he division In question. Overtime opportunities shall be accumulated on adequate records
(which shall be available to the Union and employees with overtime rosters posted on divisional board and
updated monthly) and offered overtime not worked shall be considered as worlled In maintaining these
records. "any employee establishes that he has not received his fair share of overt/me opportunities, such
employee shall have first preference to future overtime work until reasonable balance Is recreated.
Employees who have been recorded for overtime hours not worked shall not be discriminated against wI/h
respect to future overtime opportunities or Job assignments. Overt/me worked shall be voluntary except
in the case of an emergency.
Section 7.6. No Pvramidinfl. Compensation shall not be more than once for /he same hours.
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Section 7. 7. PBid Lave BS Time Worked for PurDose of ComDutina Overtime. A holiday or other paid
leave (excluding workers compensation leave) which is obselVed during an employee's regularly scheduled
workweek shall be consIdered as time worked for the purpose of computing overtime.
Section 7.8. Rest Periods. Each employee shall be granted a fifteen (15) minute rest period with pay
whIch will be scheduled whenever practicable approximately midpoint In the first ~ of the employee's
regular work shiff and In the second one-half of the shift.
Section 7.9. Sixth Consecutive DBV of Work. For all hours worked on an employee" sbcth consecutive
workday within hi, workweek. the City shall pay one and one-half (1-1/2) times the employee's str8lght time
hourly rate of pay, provided the .mploye. has worked hl'/hlf full shiff on each 01 the ffve (5) preceding
WOrkdays; provided that annual leave and compensatoty leave will not be considered as time worl<ed for
the purpose 01 this section
SM:tion 7.10. SeVflfJth Consecutive DBV of Work. For all hours worl<ed on an employee', seventh
consecutive workday withIn his workweek, the City shall pay two (2) times the employee's str8lght time
hourly rate of pay. provided the employee has worked hls/her full shiff on each 01 the sbe (6) preceding
workdays; provided that annual leave and compensatoty leave will not be considered as time worl<ed for
the purpose of this section. This provision shall not be applicable If a substantial number of employees
are scheduled to work seven (7) consecutive workdays because of an emergency such as a hurricane.
Section 7.77. Shift StBrtina r""e. If the scheduled shiff starting time of an employee Is changed, the
employee will normally be notlfled ten (10) days prior to the effective date of change; provided that shorter
notice may be given If circumstances do not permit the giving of ten (10) days notice.
Section 7. 12. ReDortIna PBV. An employee who reports to work as scheduled will be guaranteed eight
(8) hours of work or eight (8) hours of pay at the applicable rate; provided, however, If the employee does
not perform the work assigned to him (within or below his classification) he shall not receive any pay for
time not worked.
Section 7. 13. CIIU-fn end ClIff-Back PBV. An employee who Is called to work outside of his normal hours
of work will be guaranteed four (4) hours of work or four (4) hours of pay at the applicable rate; provided,
however. If the employee does not perform the work assigned In his Job classification he shall not receive
any pay for the time not worked.
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This provision shall not apply to an early call-in or early report which overlaps Into the employee's regular
shift. In such case, the early call-in or early report time will be compensated at the employee's regular rate
of payor at the rate of time and one-half the regular rate of pay If the total hours worked In the workweek
exceed forty.
SlICtlon 7.14. Sanltlltlon De_rtment WDI'k Schedu/fl. Effective upon Commission ratification 01 this
Contract, the City may eliminate the Sanitation Department four-ten hour days Incentive program upon ten
days notice to the affected employees and the union. Employees permanently assigned to the "Incentive"
program for the majority of their work hours during the three months prior to the effective date of the
elimination of the Incentive program shall receive a one-time lump sum payment of 2% of the employee's
annua/lzed hourly base sa/aty.
SlICtlon 7. 15. Work Schedule. Work schedule shall normally show the employees' shifts, work days, and
hours, and sha/l be posted when necessaty on an appropriate bulletin board.
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ARTICLE VIII
WA GES AND FRINGE BENEFITS
Section 8. 1. Waaes. The City agrees to increase the current bargaining unit wages rates in accordance
with the following sch8dule. Effective to the nearest payperlod upon signing of this Agreement, the
following Increases will become effective:
1) A two percent (2%) wage Increase to all bargaining unit members alter the
signing of the contract.
2) A two percent (2%) wage Increase to all bargaining unit members effective
as of May 1, 1994.
Upon the signing of the Agreement, there shall be adopted a rwo-tler pay plan, and current employees IIf8
on Tier A. After the signing of this Agreement, all new employees shall be hired on Tier B of the pay plan,
and the Tier B pay rates shall be fifteen percent (15%) lower than the Tier A pay rates for ail bargaining unit
classifications. If a current bargaining unit employee Is on the Tier A pay plan and he/she Is promoted to
a classified or an unclassified position, then the employee will remain on Tier A of the pay plan.
Section 8.2. Shih Dlff",tHltla/. There shall be a shift differential of IWenty (20) cents per hour for work
performed at the City's request on shifts beginning after 3:00 P.M. and at or before 11:00 P.M. There shall
be a shift differential of twenty-five (25) cents per hour for work performed at the City's request on shifts
beginning after 11:00 P.M. and before 6:30 A.M.
Section 8.3. Holidavs. The following fourteen (14) days shall be considered holidays: New Year's Day,
Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veterans Day, ThanksgMng 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.
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Section 8.4. HoIidav Pav. Employees shall receive eight (8) hours pay at the employee's regular rate of
pay for holidays not worked. An employee who is scheduled to work on a holiday shall receive his regular
rate of pay for holidays not worked. An employee who is scheduled to work on a holiday shall receive his
regular rate of pay for all hours worked in addition to his holiday pay. An employee who worlls over eight
(8) hours on a day that is obseNed as a holiday shall receive two (2) times his straight time hourly rate of
pay for any such hours worked over eight (8).
Section 8.5. Rate of Pav When Workina Out of C/..!I1fiution. An employee may be required to
temporarily work out of his classification and shall be paid as follows:
(a) If he is temporarily working in a iower-paid classification, he shali receive
his hourly rate in his regular classification.
(b) If he Is temporarily working in a higher paying classHicatlon. he shall be
paid an hourly rate of sixty-five (65) cents per hQUr In addition to the
regular rate of pay.
Temporary to be defined as an employee who is clearly and definitely performing the principal duties In
a higher-paying ciasslfication for more than one-quarter day. It shall be the duty of the supervisor to report
any change in the rates of pay for employees working temporarily out of their classification as herein
defined for more than one-quarter day. Empioyees 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
ciassification during such training time.
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SflCtion 8.6. Uniform.. The City will continue to provide employees with uniforms In accordance with
existing practice. Any additional apparel that is required by the City shall be furnished and/or paid for by
the City.
Section 8.7. .Vacation 8enefit.. Consistent with applicable ordinances, the vacation benefits presently
enjoyed by the empioyees covered by this Contract shall continue for the term of this Contract.
Section 8.8. Votina Time. Where necessary in order to vote in general elections and primaries held prior
thereto, employees covered by this Contract who make a prior request to their immediate supervisor at ieast
twenty-four (24) hours before said eiection and show their voting registration card one per eiectlon period
(or produce a receipt for voting aherward in those jurisdictions which provide a receipt), shall be allowed
one (1) hour off without loss of pay at the start or end of their shih to vote In State, County, City, or National
elections.
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SflCtion B.9. Mol Allowance. An employee who works three (3) hours or more of post shift overtime
shall be paid six dollars ($6.00) for the purpose of purchasing a meal, and time off without pay to eat as
conditions will permit.
SflCtion B. 70. Jurv and Witness Dutv. The City shall permit employees to keep either payments received
from courts of competent Jurisdiction for being on Jury duty or In the alternative hls/her standard rate of pay,
plus reimbursement of court parking expenses upon presentation of a receipt for such 81qJ8IId1ture.
An employee subpoenaed as a witness (not a defendant) for a matter which has arisen In the employee's
performance of duties, shall be granted temporary leave of duty with pay equal to the difference beM8en
the employee's regular rate of pay and any witness fees rflCelved.
An employee who is a defendant in a matter which has arisen in the employee's performance of duties 8IId
who is adjudged .not guilty or not liable will be reimbursed for work time lost by reason of time spent In
court.
SflCtion B. 77. Tool Allowance. Employees in the Equipment Mechanic Job c/assiflcatlon shall rflCelve
a tool allowance of Twenty and NO/100 ($20.00) Dollars per month; employees in the Park MflChanic Job
classification who regularly are required to use their own personal tool as part of their Job duties, shall
receive a tool allowance of Twelve and 50/100 ($12.50) Dollars per month; employees In the Equlpmant
Attendant classification who regularly are required to use their own personal tool as part of their Job duties,
shall receive a tool allowance of Ten and NO/100 ($10.00) Dollars per month; and Water and Sewer
Mechanics may be required to provide their own personal tools as part of their Job duties and shall receive
a tool allowance of Seven and 50/100 ($7.50) Dollars per month, when so required.
. SflCtion B. 72. Bereavement. When there is a death in the immediate family of an employee, (Immediate
family shall be defined as father, mother, husband, wife, sister, brother, son, daughter, grandmother,
grandfather, grandchild, mother-in-law, father-in-law, stepmother, stepfather, stepson, stepdaughter) the
employee shall be allowed fwo (2) days off per year for the purpose of making arrangements and/or
attending the funeral without loss of pay arid without charge to accrued sick or vacation days of sald
employee. In such circumstances, additional time off may be granted at the discretion of the Department
Head and shall be chargeable to the accrued sick or vacation leave of such employee. Requests for
additional time off shall be submitted in writing to the Department Head.
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SflCtlon 8. 73. Pav Periods. Pay day shall normally be eveI}' other Friday. In the event such a Friday Is
a holiday or scheduled day off, the City shall attempt to pay on the preceding day.
SflCtion 8. 74. Inlurv StITIIlca ConnflCtfHf. An employee who Is absent from duty because oIlnJul}' which
the City Manager determines Is the direct result 01 the employee's parformance 01 duties on behalf 01 the
City, shall continue to receive pay during such absence In accordance with applicable City ordinances.
Such pay may continue for a parlod of time not to exceed sixteen (16) weeks unless extended by 1he City
Manlger with the approval of the City Commlulon. Pay during the period 01 such ebaenc:e will be
computld as follows:
Employees who are entitled to pay because oIlnJul}' service-connected, will be paid an
amount which Is equal to the difference between their normal City pay and the amount 01
compensation payable under the provisions of the Worker's Compensation Law 01 the State
of Florida. A normal day's pay shall be 1/10 of the bl-weekly rate of pay.
SflCtion 8. 75. Certificates. If an employee Is required by law for the performance 01 his or her worlc, to
obtain a certificate for the spraying of Insecticides, or a pumping station operator certificate, or a certificate
to handle chlorine, the City shall pay the fee for such certificate. The Labor-Management Committee shall
discuss whether higher pay ranges may be appropriate where certificates are required.
SflCtion 8. 76. Pav for SDravina HazardDus ChemiCIIls. Employees who spray hazardous chemicals In
the Parks Division shall receive a fifty (50) cents per hour supplement for time spent actually spraying the
hazardous chemicals. The definition of 'hazardous. shall be consistent with 1he current definition as of
ratification.
SflCtion 8. 77. Chanaes In BBneflts. The City acknowledges Its obligation under state law to notify the
Union of any change in a benefit contemplated by the City and permit the Union to bargain over such a
change, to th!3 extent that state law requires such bargaining.
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Section 8. 78. Pension.
Effective Date: October 1, 1990. Those who retire between October 1, 1989 and October 1, 1990, will
advance to the new benefits on October 1, 1990.
Plan Consolidation: All members wlll have the same benefits as those hired before November 1, 1976. The
distinction between those hired before November 1, 1976, and those hired after November 1, 1976, will be
eliminated.
Pensionable Comeensatlon: Includes all compensation which Is presently Included for employees who
became members before November 1, 1976.
Ellalbllltv for Service Retirement: Age 50 with 5 years of service.
Defln/tlon of DeDendent: Child who has not attained the age of 18, or 22 "a full-time studen~ a dependent
child regardlels of age who Is mentally or phyalcally handlcepped, and I dependent parent. aependents
share equally the spouse's share.
Amount of Monthlv Service Retirement Benefit: Three percent (3%) of the final average monthly earnings
(F.A.M.E.) for each of the first 15 years of creditable service and four percent (4%) of FAM.E. for each year
In excess of 15 years, provided the benefit Is not In excess of ninety percent (9O'W.) of FAM.E.
Eme/ovee Contributions: Increased from eight percent (8%) to ten percent (10'1l.) of salary on a pre-tax
basis, effective upon the signing of this Agreement.
Effective with the ratification of this Agreement, the City will modify the General Employees' Pension System
Ordinance to provide a bffurcated pension plan with all new hires being covered by either the Clty's new
pension plan as outlined In the 'Green Report" and discussed In the bargaining process, or by an opt/anal
401-A Plan to be adopted with the 'Gref1n Report" pension plan. Said newly-hired employees shall make
a one-time, mandatory election upon being hired as to which pension opt/on he/she Is eligible to select.
All administrative costs of the Pension Plan currently funded from the City's General Fund shall be borne
by the Pension Plan.
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Upon ratification of this Agreement, the City shaff submit to the City Commission the ordinances necessal)'
to Impiement a retirement incentive as foffows:
Eligibie, vested members eiecting to retire shall have the option of choosing either two (2)
years of service or two (2) years of age to be credited towards hls/her retirement. Each
person electing to utilize the one-time retirement Incentive shall be given a fact sheet
explaining the choic.., and a welver sheet to .Ign to elect the retirement Incentive. The
window period for this retirement incentive elective shaff commence ten (10) days following
the enabffng ordinance amendment and shall continue for a period of sixty (60) days.
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ARTICLE IX
SENIORITY
SlICtion 9. 1. Definition. For the purposes of this ArtIcle only, seniority shall be defined as an employee's
length of continuous service with the City (paid time as presently calculated) dating from his last date of
hire.
SlICtion 9.2. LnoHs. When there Is a reduction In force In any Job classification (Including those .
resulting from I consolidation or elimination), employees will be laid off In the following order.
(a) Employees In the affected classification who have not completed their
working test period (probationary period) will be the first reduced.
(b) In the event of further reductions in force, employees will be reduced from
the classification in accordance with their seniority and their ability to
perform the work available. When two or more employees have equal
skill, ability and qualifications, the employee(s) with the least seniority will
be the first laid off.
A non-probationary employee reduced from a job-classification under (b) above may be transferred by the
City to another position of equal rate, or failing such transfer, he/she may exercise seniority to replace the
least senior employee in a lower rated Job classification covered by this Contract where the employee has
equal skill, ability, and qualifications to perform the work; provided that the replacing employee will be
given an opportunity to become familiar with the work, receive basic Instruction concerning the work, and
orientation on.the operation of equipment, If any.
(c) For the term of this Agreement, there shall be no bargaining unit position
layoffs except for disciplinary suspensions or terminations, which are not
included for the purposes of no layoffs.
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SlICtion 9.3. RlICalls. When there is a rscall, employees on layoff with seniority will be recalled In Inverse
order to their layoff, provided they are presently qualified to perform the work in the c/assffication to which
they are recalled. No new employees shall be hired into a classification from which employees have been
laid off and remain on layoff status until such laid off employees are offered recall. Employees shall not
be transferred into or assigned to work out of class in a c/assffication from which any employees have been
laid off and remain on layoff status, except on a temporary basis not to exceed a total of ninety (90)
calendar days in a six-month period.
SlICtion 9.4. Break in Senioritv. Seniority and the employment relationship shail be terminated when a
non-probationary employee:
(a) Quits voluntarily.
(b) Is laid off for more than one (1) year, or the employee's length of service,
whichever is greater, up to a maximum of five (5) years.
(c) Is terminated for cause.
(d) Retires or is retired.
(e) Fails to return to work at the expiration of any approved leave of absence.
(f) Fails to report to work within five (5) workdays after date of written notice
of recall to work after a layoff given by the City by certified or registered
mail and addressed to the employee at his last address appearing on the
records of the City. It shall be the employee's responsibility to provide the
City with his current address.
(g) An employee absent fora period of three (3) work days without notification
of a valid reason to the management of hisjher department, and who has
no /lgitimate reason for not notifying the. management of hisjher
department shall be considered as having resigned.
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SBCtion 9.5. Sflflio,itv Lists. Every three (3) months, the City shall post and/or provide for posting on
the Bulletin Boards described In Article X, a seniority list showing the continuous service of each employee
covered by this Contract and will also provide the Union with a list of new hires and terminations within the
bargaining unit during the prior three (3) months. A copy of the seniority list shall be fumlshed to the
Union. The seniority dates and ranklngs shall be deemed CO"ect unless e"OfS are brought to the attention
of the City within thirty (30) days following any posting.
SBCtion 9.6. Union Officer Continuation of Dutifls. Except as otherwise provided by law, the following
Union offlcefl, for the purpose of determining the order of layoff or rranafer In lieu of layoff, ahaIl have top
seniority within the bargaining unit: President, Vice-President, Secretary-Treasurer, Recording Secretary
and Chief Steward.
SBCtion 9. 7. Promotions. The term promotion as used In this Contract, means the advancement of tin
employee to a higher paying classification. Whenever a job opening occurs, other than a temporary
opening, In any existing job classification or as the resun of the development or establishment of a new job
classification, a notice of such opening shall be posted on all bulletin boards for two (2) weeks. During
this period, employees who wish to apply for the open position or job after n has been announced, may
do so. The application shall be In writing, and It shall be submitted to the Personnel Department.
If there Is more than one (1) employee who Is qualified for promotion to a job classification In a work
section for which no Civil Service examination Is required by the Personnel Board, seniority shall be the
determining factor where two (2) or more employees within the same work section have equal skill, ability,
and qualifications.
SBCtion 9.8. Demotions. The term demotion, as used In this Contract, means reassignment from a
position In a higher classification to a position In a lower classification. Demotions may be made to avoid
laying off employees. to provide employees with the opportunity to request changes to lower grades for
personal convenience or when an employee Is unable to perform satisfactorily the duties of his position.
SBCtion 9.9. P,efflfflflce fo, Out-of-CllIss Ass/onmflflts. Employees who have been previously
permanently classified with regular status In a higher rated classification and who have been displaced due
to a layoff from that classification but remain in the same division, shall have a preference for any out-of-
class assignments to that classification for as long as he/she has recall rights to that classification.
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Section 9.70. Shift PreferenCfl. Whenever a vacancy occurs in a Job c/assffication which operates on
more than one shift in a work area within a division, employees in that classification who have previously
filed shift preference forms indicating a desire to work on the shift which has the vacancy, will be
considered for reassignment to that shift. If the City grants the shift preference reassignment, It will do so
on the basis of seniority, skill, ability and past performance. If skill, ability and past performance among
the persons seeking the reassignment Is equal, seniority shall govern. In the event that management
determines that granting the reassignment would provide unbalanced shifts or result In Inexperienced
persons or shifts without proper or sufficient supervfslon, then the shift preference shall not be granted.
Shift preference forms will be valid for twelve (12) months from the filing date.
Section 9.77. TemDorlJTV EmDlovees. The City shall have the right to hire up to fifteen (15) temporary
employell In any bargaining unit position. Such temporary employees shall be paid at the entty level step
of Tier 8 for the classification they fill. Such temporary employees so hired may not exceed one (1) year
of continuous employment at anyone time. Further, temporary employees may not work In a classification
wherein a permanent Civil Service employee Is laid off.
The City recognizes the Integrity of the certified bargaining unit and will not use the temporary appointment
for the purpose of eroding the bargaining unit. Temporary employees will not be covered by CMI Service
or this Agreement except as specified herein.
Temporary employees will not receive any pension or fringe benefits, and they shall serve at the will of the
employer. Temporary employees may make application for bargaining unit Jobs as permanent vacancies
are filled.
Any appeals by the Union under this Section shall first be heard by the City Manager or his designee for
Labor Relations. If no resolution Is reached at that level, then the Union may submit the Issue to the Public
Employees Relations Commission.
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ARTICLE X
GENERAL PRO VISIONS
Section 10. 1. Work Rules. The City will provide the Union with a copy of any written work rules affecting
employees covered by thIs Contract that are instituted or modified during the term of this Contract. The
UnIon will be provIded wIth an opportunIty to dIscuss any change In a worll" rule, and Its Impact prior ID
Implementation of the change. The current work rules will continue ID be enforced, however, the Union
will be provided with the opportunity to suggest changes or alternatives ID the existing ruiN.
Section 10.2. CltNln-uo Time. When necessaty at the end of the shift, employees shall be allowed up
to fifteen (15) minutes clean-up time. Where facilities are provided, they shall be properly supplied.
Section 10.3. Joint Committee. There shall be a Committee composed of three (3) persons appointed
by the City Manager and three (3) persons appointed by the Union for the purpose of attending to human
relations matters, safety and health matters, and labor/management matters. The Committee shall meet
monthly or at other mutually agreeable times and places for the purpose of discussing any matter relating
to the subject set forth above.
Section 10.4. Safetv. The City agrees to comply with all laws applicable to Its operations concemlng
the health and safety of the employees covered by this Contract. Each employee covered by this Contract
will be required to comply with all safety and health rules and regulations established by the City. Each
employee shall be given a copy of any written safety rules. The Joint Committee provided for In Section
10.3 may consider safety complaints Including claims of unsafe equipment, procedures or methods, lost
time accidents, and safety programs and pOlicies then In effect or subsequently Instituted by the City. In
case a claim of an Imminent unsafe condition which poses an Immediate threat of loss of life or bodily
harm, a Union Safety Representative shall be entitled to present such complaints and/or claims to the
supervisor of the area in question or to the City Manager's designee. The City shall hold IWO (2) safety
meetings per year in the departments for all employees to further safety on the job.
Section 10.5. EmfHQfH/cv Medical AttfH/tion. The City agrees to place flrst aid kits at various work
locations throughout the City. Furthermore, when emergency medical attention Is necessaty on the job,
the City will arrange for expeditious transportation of the employee to a medical treatment facility.
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Section 70.6. TrsnsDortstion of EmDlovtHIs. The City agrees that whenever employees must be
transported from an assembly point to a work site, or from one work site to another, during Inclement
weather, such as rain or cold, the means of transportation will be by an enclosed vehicle, wherever
possible.
Section 70.7. Trsnsfer. Transfer requested by employees to positions In the same c/assJffcatlon or pay
range within the City's employ may be affected In accordance with the Personnel Rules. The CIty shall
make reasonable efforts to find suitable work for employees who suffer a physical ailment, Injury or
disability.
Section 70. B. Civic Dutv. Employees required to appear before a court of law or other publiC body on .
matters not related to their work, In which they are not personally Involved (as plaintiff or defendant) and
employees elected or appointed to any political or legislative position who request a leave of absence to
perform their civic duty, shall be granted a leave of absence In accordance with the Personnel Rules.
Section 70.9. UnDsld LHves. Leaves of absence for a limited period, not to exceed six (6) months, miy
be granted for any reasonable purpose In accordance with the Personnel Rules and such leaves may be
extended or renewed at the employee's request and upon agreemant by the City. Leaves of absance for
up to six (6) months shall be granted to accept appointment to office within the Union or employment within
the Union.
Section 70. 70. NtHlotistion Psv. Up to four (4) members of the Unlon's Negotiating Committee, during
negotiations for a successor collective bargaining agreement, shall be paid for all time spent In
negotiations which would otherwise have been time worked by the member of the Negotiating Committee.
Negotiating time beyond the normal work hours or beyond an employee's scheduled workday or workweek
shall not be considered as time worked for the City.
Section 7 O. 7 7. Contrsctina snd Subcontrsctina of Public Works. " the City believes that It Is necessary
to contract out or subcontract work where the direct effect would result In the layoff of employees, the City
will meet with the Union prior to. making the decision. If a decision Is made to contract out or subcontract
work, after the Union has had a reasonable opportunity to present alternatives to the contracting or
subcontracting proposal and to have those alternatives considered, any reduction In force will be handled
Insofar as practicable through attrition and/or transfer to other positions.
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Section 10. 12. Sick and Vacation LBlJve Accrua'and Maximum Pavment on Termination. The present
policy concerning sick leave, Including the policy for payment of accrued sick and vacation time combined,
up to a maximum of one year's salary, upon termination, retirement, or death, shall continue for all
employees hired before October " 1978. Effective October " 1978, all new employees covered by the
agreement shall, under applicable ordinances, rules and regulations: be allowed no accumulation 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 maxlmum
payment time at termination, death, or retirement of 360 hours vacation leave and one-half of sick leave to
a maximum of 360 hours.
Section 10.13. Chanaes In Job Soecificatlons and New Classifications. Changes In existing
specifications, or the creation of new classifications shall be submitted for review and comment by the
Labor Management Committee prior to Implementation or submission to the Personnel Board.
Section 10.14. Oooortunltv faT Advancement. To the extent that funds and personnel are ava/lable, the
City Is committed to facilitating the efforts of employees, through training, to Increase their efficiency,
broaden their knowledge, and become more effective In performing their duties In order to enhance their
opportunity for promotion.
Section 10.15. Union Conventions. Up to five (5) duly authorized delegates of the Union may reqUest
a leave of absence without pay, not to exceed three (3) weeks per delegate In eny one year and no more
than two (2) weeks at a time, for the purpose of attending conventions and training seminars of the Union.
Requests shall be submitted at least one month prior to commencement of the leave and said requests will
not be unreasonably denied.
Section 10.16. Educational LBlJve. An employee may request an educational leave of absence without
pay to take a course or courses in a field related to the work assignment or career ladder direction of said
employee. The City's existing tuition refund program shall be continued for the term of this Contract.
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Secfion 10.17. Mofinas LOVB. The Union shall have the right to designate one (1) representative,
authorized with pay for time he would have otherwise been working, to attend any formal meetings and/or
hearings of any sub-divlsions of the governing bodies of the City, Including City Commission meetings,
when a matter relating to the Union is on the agenda for such meeting and " prior notice to Ihe
representative's supervisor has been given.
Section 10.18. Union Bulletin BaIIn/s. The City will make available one (1) enclosed bulletin board for
the poatlng of official Union notices at each of the following locations, and the Union wlllllm/t the poatlng
of Union notices to such bulletin boards:
1) Streets & Sewers - 451 Dade Boulevard
2) Sanitation - 120 MacArthur Causeway
3) Metered Parking - 1837 Bay Road
4) Water Department - 451 Dade Boulevard
5) Mechanical Maintenance - 120 MacArthur Causeway
6) Convention Center
7) Park Division Shop
8) Maintenance Building, Normandy Shores Go" Course
9) Maintenance Building, Bayshore Golf Course
10) . Tenth Street Auditorium
11) Water Pump Station - 25th and Prairie
The City will also provide the Union, subject to the same limitations set forth above, one (1) enclosed
bulletin board In the Personnel Department.
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ARTICLE XI
DRUG AND ALCOHOL TESTING
Section 7 7. 7. The City and the Union recognize the employee substance and alcohol abuse has an
adverse Impact on City government, the Image of City employees, the general health, welf8re end safety
of employees, and to the general public at large. Therefore, It Is In the best Interest of Ihe parties to
negotiate over the subject of drug end alcohol testing.
Section 7 7.2. Using, selling, possessing or being under the Influence of drugs or controlled subst8nces
while at work Is prohibited. Employees are further prohibited from consuming alcohol end drugs 011 duty
and/or abusing alcohol and drugs off duty to the extent that such use end/or abuse tends to have an effect
upon the performance of their job functions.
Section 77.3. The City may require any employee to submit to a blood analysis, urine enaJysJs end/or
Intoxalyzer when It has a reasonable suspicion that an emplOyee Is under Ihe Influence of or using alcohol,
drugs or narcotics and/or when an employee Is negligently Involved In an accident (l.J... automobile or
other Injury).
Section 7 7.4. In the event a urine specimen Is tested as positive, a portion of that sample shall be
subjected to a second test.
Section 7 7.5. 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 77.6. The parties agree that an employee's refusal to submit to drug or alcohol testing In
accordance with the provisions of this Article may result in disciplinary !lct/on being taken against the
employee up to and including dismissal.
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ARTICLE XII
SA VINGS
In the event any article, section, or portion of this Contract should be held Invalid and
unenforceable by any court or higher authority of competent Jurisdiction, such decIsion shall apply only to
the specNlc article, section, or portion thereof specNled In the decIsion, and upon Issuance of such
decision, the City end the Union agree to Immediately negotiate a substitute for the Invalidated article,
section, or portion thereof.
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ARTICLE XIII
ENTIRE CONTRACT
The parties acknowledge that during the negotiations which resulted in this Connct, each had the
right and opportunity to make demands and proposals with respect to any subject or matter not remaved
by law from the area of collective bargaining, and that the understandings end agreements arrived at by
the parties after the exercise of that right and opportunity are set folth in this Contract. Therefore, the CIty
and the Union, for the duret/on of thi. Contract, Hch voluntarily and unquellfildlyW81vu the right, end each
agr... that the other shall not be obligated to bargain collectively with respect to any .ubject or matter
refe"ed to, or covered or not refe"ed to or covered In this Connct.
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41
ARTICLE XIV
TERM OF CONTRACT
This Contract shall be effective as of date of ratification, and shall remain In full force and effect
through the 30th day of April, 1995.
It shall automatically be renewed from year to year thereafter unleas either party shall notify the
other In writing one hundred twenly (120) days prior to the ann/versaly date that It des/res to modify this
Contract.
Any such notification of a desire to open negotiations shall Include specific articles proposed for
renegotiations, and only such articles shall be mandatorily negotiated.
This Con.tract shall remain In full force and effect during the period of negotiations, unieas either
party gives the other party at least ten (10) days written notice of Its desire to terminate this Contract.
DRM:I"
a:AFSCTR 1/91
AFSCME91.REV
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42
AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES
AFSCME LOCAL 1554
ELECTION OF REMEDY FORM
Grievance No, (If applicable)
This form must be completed and signed prior to the second step of the grievance
procedure, or at the time when appeal to Personnel Board Is filed.
Employee must elect, sign, and date only gIlJl of the two following choices:
1.
I/We elect to utilize the Grievance Procedure contained in the
current Contract between the City of Miami Beach, Florida,
and AFSCME Local 1554.
Date
Signature
2. I/We elect to utilize another forum for my/our grievance, and
in doing so, I/we permanently waive my/our contractual right
to the Grievance Procedure contained in the current Labor
Contract between the City of Miami Beach, Florida, and
AFSCME Local 1554.
Signature
Date
If Number 1 Is elected, sign If you wish to authorize the following:
I/We hereby authorize AFSCME Local 1554 to process the attached
grievance on my/our behalf.
Date
Signature
DRM:II
DRM:WORJO/92
APSCME-I!.RMD
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MEMORANDUM OF UNDERSTANDING
Between
CITY OF MIAMI BEACH
."d
AFSCME LOCAL 1554
Upon ratification of this Agreement, the Job classification of Tree Ma/nt8n8nce Worker will be abolished.
The duties of the Tree Maintenance Worker will be Included within the duties of the classification of Tree
Trimmer. If .ny, the current, perTnlnent. cl.ssIfIld employees holding the cluaiflcfiJon of Tree
Maintenance Worker will be rec/assffled to the classification of Tree Trimmer on a ste~by.step basis.
Further, with the ratification of the current labor agreement, the parties recognize that coordination Is
needed for the ordering of work uniforms for the appropriate eligible IndMdua/s In the barQa/nlng unit.
Therefore, the parties hereto agree that the AFSCME Union President, the Benevolent Union President,
Senior Assistant City Manager Eddie COK, Assistant City Manager Dean R. Mielke, and a representative from
the Purchasing staff will meet and develop a schedule for the issuance of the work uniforms.
The items that need to be addressed are 1) when the employees will tum in their sizes and the cut-off dates
for submitting sizes; 2) dates when Purchasing will receive the ana/ized list from the departments; 3)
timeframe within which Purchasing staff will develOp and send out the appropriate bid to eligible vendors
that supply the uniforms; and, 4) the anticipated date that the uniforms will be delivered to the City and
distributed.
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Executed by the parties hereto on the _ day of
1993, by the Mayor
and CIIy Clerk.
AMERICAN FEDERATION OF STATE,
COUN7Y ANQ MUNICIPAL EMPLOYEES,
LOCAL 1554
By
CITY OF MIAMI BEACH, FLORIDA
By
CIIy MBI18get'
Approved by Vote of the
Cily Commission ' 1993
Mayor
Attest:
CIIy Clerk
FORM APPROVED
LEGAL DEPT.
By -:-c.~
Date~- 2..- ~:!.
36
, 45
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH APPROVING THE THREE
YEAR LABOR AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND THE AMERICAN FEDERATION OF STATE,
COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL 1554,
FOR THE PERIOD MAY 1, 1992 TO APRIL 30, 1995
WHEREAS, the City Manager has submitted for consideration by
the Mayor and city commission of the city of Miami Beach, a Labor
Agreemant by and between the city of Miami Beach and the Miami
American Federation of State County and Municipal Employees, Local
1554, the bargaining agent certified by the public Employees
Relations Commission for employees covered by said agreement: and
WHEREAS, such Labor Agreement for the period May 1, 1992 to
April 30, 1995, is attached herein as "Attachment A": and
WHEREAS, the previous Labor Agreement was for the three year
period May 1, 1988 to April 30, 1992: and
WHEREAS, the City Manager has recommended that the city
. commission approved said labor agreement: and
WHEREAS, the city commission is familiar with the terms of the
Labor Agreement and finds and determines that the entry into and
the execution thereof for and in the name of the City of Miami
Beach is in the best interest of the City of Miami Beach and its
residents.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the aforesaid
Labor Agreement be and is hereby approved in accordance with and
subject to the provisions of Chapter 447, Part II, Florida statute,
in the name of and on behalf of the City of Miami Beach, and that
the financial officers of the City be and are hereby directed to
make the disbursements called for by said Agreement from funds of
the City available for such purposes and upon ratification by both
parties.
PASSED and ADOPTED this 8th day of A~ril 1993.
Mayor
ATTEST:
City Clerk
FORM APPROVED:
JCJ) 4-2-~
city Attorney
PFL:me
,
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH APPROVING THE THREE
YEAR LABOR AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND THE AMERICAN FEDERATION OF STATE,
COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL 1554,
FOR THE PERIOD MAY 1, 1992 TO APRIL 30, 1995
WHEREAS, the city Manager has submitted for consideration by
the Mayor and city commission of the city of Miami Beach, a Labor
Agreement by and between the City of Miami Beach and the Miami
American Federation of State County and Municipal Employees, Local
1554, the bargaining agent certified by the Public Employees
Relations Commission for employees covered by said agreement: and
WHEREAS, such Labor Agreement for the period May 1, 1992 to
April 30, 1995, is attached herein as "Attachment A": and
WHEREAS, the previous Labor Agreement was for the three year
period May 1, 1988 to April 30, 1992: and
WHEREAS, the City Manager has recommended that the City
. commission approved said labor agreement: and
WHEREAS, the City commission is familiar with the terms of the
Labor Agreement and finds and determines that the entry into and
the execution thereof for and in the name of the City of Miami
Beach is in the best interest of the city of Miami Beach and its
residents.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the aforesaid
Labor Agreement be and is hereby approved in accordance with and
subject to the provisions of Chapter 447, Part II, Florida Statute,
in the name of and on behalf of the City of Miami Beach, and that
the financial officers of the city be and are hereby directed to
make the disbursements called for by said Agreement from funds of
the City available for such purposes and upon ratification by both
parties.
PASSED and ADOPTED this 8th day of April 1993.
Mayor
ATTEST:
city Clerk
FORM APPROVED:
::reD 4-2-~
city Attorney
PFL:me