Resolution 2022-32380 RESOLUTION NO., 2022-32380
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING PURSUANT
TO SECTION 5.04 OF THE CITY CHARTER AND PRESENTATION OF A PRE-
COLLECTIVE BARGAINING ANALYSIS OF FRINGE BENEFITS,RATIFYING A THREE
(3) YEAR LABOR AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE
COMMUNICATIONS WORKERS OF AMERICA ("CWA"), LOCAL 3178, FOR THE
PERIOD FROM OCTOBER 1, 2021 THROUGH SEPTEMBER 30, 2024;
AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE LABOR
AGREEMENT, SUBJECT TO THE CITY COMMISSION'S APPROVAL OF THE
CORRESPONDING CLASSIFIED SALARY ORDINANCE.
WHEREAS, the City Manager has submitted to the Mayor and City Commission the attached
Labor Agreement ("Agreement"), recently negotiated between the City of Miami Beach ("City") and the
Communication Workers of America ("CWA"), Local 3178, for the employees covered by said
Agreement for the period covering October 1, 2021 through September 30, 2024; and
WHEREAS, the previous Agreement was for a three-year period from October 1, 2018 through
September 30, 2021; and
WHEREAS, Exhibit A to this resolution is a copy of the contract language changes in substantial
form that reflects the pension and economic issues, and the non-economic issues tentatively agreed to
between the City and the CWA; and
WHEREAS, Exhibit B to this resolution is a written report presented by the City Manager or her
designee as required by Section 5.04 of the City Charter, detailing the current status and related fiscal
impacts of fringe benefits, including pension and health insurance plans; and
WHEREAS, any changes to the substantial form would be non-material in nature as determined
by the City Attorney and the CWA, or else would require re-ratification by the City Commission and CWA;
and
WHEREAS, the CWA bargaining unit employees held a ratification vote on October 13, 2022,
whereby the proposed 2021-2024 Agreement was approved by a majority of the bargaining unit members
who voted; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA,following a duly noticed public hearing pursuant to section 5.04
of the City Charter and presentation of a pre-collective bargaining analysis of fringe benefits, ratify a three
(3)year labor agreement between the City of Miami Beach and the Communications Workers of America
("CWA"), local 3178, for the period from October 1, 2021 through September 30, 2024; and authorize the
Mayor and City Manager to execute the labor agreement, subject to the City Commission's approval of the
corresponding classified salary ordinance.
PASSED AND ADOPTED this c* day of October 2022.
ATTEST:
OCT Z T 2022 APPROVED AS TO
RAF EL E. GRANADO, CITY CLERK DAN GELBER, MAYOR FORM & LANGUAGE
_ �'�% %%��,, &FOR EXECUTION
:,. .-...... , r) '
=IRCORIRATED' s I I9 —21
%,-,- i, :4;11 City Attorney 0 Date.
�CH`26"`,_;
Resolutions R7 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: October 26,2022
9:31 a.m. Public Hearing
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC
HEARING PURSUANT TO SECTION 5.04 OF THE CITY CHARTER AND
PRESENTATION OF A PRECOLLECTIVE BARGAINING ANALYSIS OF
FRINGE BENEFITS, RATIFYING A THREE (3)YEAR LABOR AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND THE COMMUNICATIONS
WORKERS OF AMERICA ("CWA"), LOCAL 3178, FOR THE PERIOD FROM
OCTOBER 1, 2021 THROUGH SEPTEMBER 30, 2024;AUTHORIZING THE
MAYOR AND CITY MANAGER TO EXECUTE THE LABOR AGREEMENT,
SUBJECT TO THE CITY COMMISSION'S APPROVAL OF THE
CORRESPONDING CLASSIFIED SALARY ORDINANCE.
RECOMMENDATION
Adopt the Resolution.
BACKGROUND/HISTORY
The City's workforce has classified employees categorized into six (6) groups: Group I
represented by the American Federation of State, County and Municipal Employees
("AFSCME") Local 1554; Group II represented by the Fraternal Order of Police ("FOP")
William Nichols Lodge No. 8; Group III represented by the International Association of
Firefighters ("IAFF") Local 1510; Group IV represented by the Communications Workers of
America ("CWA") Local 3178; Group V represented by the Government Supervisors
Association of Florida ("GSAF"), OPEIU, Local 100; and Group VI comprising of all other
classifications in the classified service not covered by a bargaining unit (commonly referred to
as"Others").
ANALYSIS
On October 1, 2021, the three-year collective bargaining agreement between the City of Miami
Beach and the CWA covering the period of October 1, 2018 through September 30, 2021
expired. The City and CWA began meeting November 17, 2021, to negotiate a successor
agreement.After seven formal negotiation sessions, on September 7, 2022, the City and CWA
reached a<tentative three-year agreement("Agreement")covering the period of October 1,2021
through September 30,2024.
Page 829 of 1166
The CWA leadership held a ratification vote ending on October 13, 2022 for the proposed
agreement, attached as Exhibit A, with the result of their vote to ratify the proposed agreement
provided herein.
The following is a summary of the newly negotiated terms between the parties:
General Provisions
2.1 Employee Rights During Meetings or Interviews — Employees shall be entitled to request
Union representation, including and not limited to Internal Affairs interviews and Pre-
Determination Hearings, where the representative of the City intends to seek to gain information
from the employee which may become a part of the employee's disciplinary record or may result
in a written warning/reprimand of the employee
4.8 Union Time Bank— The Union President shall have a forty(40) hour cap per month, except
during preparation for bargaining. Hours during preparation for bargaining shall not be counted
as time worked.
9.14 Seniority—There is an incorporation of a former memorandum of understanding (MOU)on
seniority into the Collective Bargaining Agreement.
Cost-Of-Living Adjustments (COLA)
8.1 Wage increases:
•2% retroactively effective with the first full pay period ending in April 2022
• 3%effective with the first full pay period ending in April 2023
• 3%effective with the first full pay period ending in April 2024
Other Economic Items
7.2 Normal Workday - Ocean Rescue employees shall have a normal workday of ten (10)
consecutive hours and shall work four (4) days per week all year round, rather than in summer
only.
7.6 Holiday Celebration and, Pay for Working on Holiday— For work on a holiday falling on an
employee's regularly scheduled work day, he/she shall be paid for the number of hours actually
worked at one and one-half of their regular rate, irrespective of whether the employee has
worked in excess of forty(40)hours in the applicable work week, plus eight(8)or ten (10) hours
holiday pay, depending on the number of hours in the employee's regularly assigned work shift,
at the regular rate of pay.
7.13 Essential Personnel (Hurricane Pay) — Designated Landfall Team Members shall be
allowed up to eight (8) hours to secure personal property prior to a weather-related emergency
event.
7.13 Essential Personnel (Hurricane Pay) (c) Public Safety Employees Compensation -
Bargaining unit employees in public safety-related functions who are placed on Alpha/Bravo shift
Page 830 of 1166
and assigned to work during a declared emergency due to a named hurricane or other declared
emergency, pursuant to 7.13(a), will receive hurricane pay as stated above in section (a) of this
provision. If public safety employees are held over before or after their shift due to adverse
conditions,they will be paid straight time for all hours while being held over and not working.
8.1 Wage Increase Furlough/COVI D Relief- Current employees covered under this contract, in
consideration that this bargaining group gave furlough days, will receive a one-time, non-
pensionable bonus to be paid one week after the first pay period following ratification of this
agreement, as follows:
$2,000 for full time employees who made more than$50,000 on Sept 30, 2021
$1,500 for full time employees who made less than$50,000 on Sept 30, 2021
$1,000 for part time employees who took furloughs (or were"laid off')
Those who were furloughed for more than 9 days will receive their base pay, per day, based on
their normal work schedule, for up to thirty(30)days, as a non-pensionable bonus, in lieu of the
furlough/COVID bonus described above.
8.2 Shift Differential— Employees shall receive an increase from .45 cents to .75 cents per hour
for regular shifts assigned between 3PM-11PM and an increase from .55 cents to $1.00 per
hour for regular shifts assigned between 11 PM-6:30AM. Shift differential shall only be paid for
regular shifts and shall not be applied to overtime, call-in, or stand-by hours worked or paid.
8.3 Holidays — There is an addition of the Juneteenth holiday and conversion of the birthday
holiday to an additional floater.
8.8 Meal Allowance—There is an increase from$7 to$15 for meals.
8.16 Public Safety Communications Department (PSCD) — The Accreditation Performance
Incentive will increase from $500 to$750 quarterly.
8.16 Public Safety Communications Department (PSCD) - The pay grade for Dispatchers will
change from H27 to H28. The pay grade for Communication Operators will change from H25 to
H26. The pay grade for Complaint Operators will change from H26 to H27.
8.16 Pool Guards—The WSI Certification pay increased from$800 to$1,300 annually.
8.16 Pool Guards - A one year minimum as a full-time Pool Guard I with the City of Miami
Beach is required in order to be eligible to apply for Pool Guard I I.
8.24 EMT Certification —EMT certification pay increased from 6% to 8%, calculated on base
salary.
8.26 Hazardous Duty Pay—This increased from$50 biweekly to $75 biweekly.
8.28 Second Language Pay (NEW) — Employees from PSCD, Code Compliance, and the
Property and Evidence Unit within the Police Department, who are conversationally proficient in
a second of the following languages: Spanish, Creole, Portuguese, Hebrew, French, Russian,
German, Cantonese, Mandarin, Italian, Czech, Korean, or American Sign Language, shall be
Page 831 of 1166
eligible to receive second language pay equal to 2% of their biweekly base pay. Proficiency will
be determined by an employee obtaining a minimum rating of level 9 on the "Speaking and
Listening Assessment" test administered by ALTA Language Service, Inc via telephone and
proctored by the Police Administration. The test may be scheduled with at least 7 workdays'
notice to the Police Administration. The employee will bear the cost of paying for the test. The
employee will be subject to requalification for the pay supplement every 5 years. Second
language pay shall not be considered as pensionable earnings. If ALTA Language Services,
Inc. no longer administers these types of tests, there will be re-opener for the City, with Union
input,to select a new testing service provider.
9.17 Promotions - When there is a promotion in employment status from a CWA bargaining
position in a lower classification to a CWA bargaining position in a higher classification, the
promotional rate will be a 10% increase in the base salary, provided that the salary is within the
new range.
9.20 Rent Stipend (NEW)—The City shall pay a housing stipend of$250 per month,throughout
the three (3)year pilot commencing on October 1, 2021, and ending on September 1, 2024, as
established by City Commission, for Code Enforcement Officers (up to a maximum of 50
police, fire, and code compliance officers combined) on a first-come, first-serve basis, living
within the Miami Beach City limits, upon confirmation of residency by the Human Resources
Department.
Miscellaneous Items
2.11 Information to Be Provided to Union by City—(a)A listing of all bargaining unit employees
will be provided electronically as requested, to include the employee's name, address, I.D.
number, department assignment, and date of hire, except where such information is exempt
from the definition of public records as established by Florida Statutes Chapter 119.07 (3)(i).
Article 6 Management Rights—strike through of the word "civil."
Article 13 Term of Contract - In future bargaining, proposals made by either party with an
economic impact will be accompanied with a detailed cost estimate. If such cost estimate
requires an actuary, the party presenting the proposal will be responsible for the cost of the
actuarial study.
SUPPORTING SURVEY DATA
N/A
•
FINANCIAL INFORMATION
The terms and conditions of the proposed three-year labor agreement between the City and
CWA assumes an estimated impact of $1,719,781 for FY 2021/22, $1,670,487 for FY
2022/23, and $2,363,807 for FY 2023/24.The total estimated three-year impact is $5,754,075.
Attached as Exhibit B is a written report presented by the City Manager or her designee as
required by Section 5.04 of the City Charter, detailing the current status and related fiscal
impacts of fringe benefits, including pension and health insurance plans. The fringe benefits
including pensions and insurance plans provided by or funded by the City to its officers and
Page 832 of 1166
employees have been considered and incorporated into the City budget inclusive in each
Department's line items.
CONCLUSION
The Administration finds the provisions of this contract fair to the employees and fiscally
responsible for the City. Therefore, adoption of this resolution is recommended. Exhibit A to the
resolution is a copy of the proposed labor agreement.
The City Attorney's Office has reviewed and approved the contract language as to form and
legal sufficiency.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item,pursuant to Bond Funds?
City Code Section 2- 4?
No Yes
Strategic Connection
Organizational Innovation-Attract and retain top talent.
Legislative Tracking
Human Resources
ATTACHMENTS:
Description
❑ Exhibit B- Fringe Benefits Summary
❑ CWA Ratification Vote Email
❑ CWA Redline Contract
❑ Resolution
Page 833 of 1166
Exhibit"B"
SUMMARY OF PENSION HEALTH AND FRINGE BENEFITS
Section 504 of the City's Charter requires that,following a duly noticed public hearing,within six
(6) months of ratification of collective bargaining agreements with the respective labor unions,
the City Commission shall consider a written report presented by the City Manager or his or her
designee, detailing the status and related fiscal impacts of fringe benefits, including pension and
health insurance plans.
GENERAL EMPLOYEES'HEALTH INSURANCE PLANS
The City continues to offer a comprehensive and cost-effective benefits program to its full-time
general employees and retirees through a self-funded health plan administered by CIGNA. The
City's self-funded plan currently covers approximately 2,800 employees, retirees, and
dependents.
For the fiscal year beginning October 1, 2020,the City continued to offer employees a choice of
3 plans.The plans include one HMO,a traditional PPO and a High Deductible Health Plan (HDHP)
with a Health Savings Account. The dental plan is a PPO (employees also have a fully insured
DHMO option). No changes were made to the plan designs for the year beginning October 1,
2020. Employees and retirees pay premium amounts that vary by plan and dependent tier.
Florida Statute 112.08 requires self-funded plans sponsored by local governments to submit an
annual filing to the Florida Office of Insurance Regulation ("OIR") documenting plan experience
and financial position. The filing must include an actuarial memorandum signed by a certified
actuary that attests to the actuarial soundness of the plan. For the 12-month period of October
1, 2019 through September 30, 2020, the City's actuary concluded that the City's self-funded
health plan is actuarially sound.
For the 2019/20 year, the City's plan had a gain of $3.1 million. The resulting surplus as of
September 30, 2020 was $15.4 million. This equates to 224 days of projected claims, which
comfortably exceeds the OIR safe harbor of 60 days.
FOP AND IAFF HEALTH TRUSTS
The City contributes monthly to the FOP and IAFF Health Trust Funds based on an agreed amount
and according to terms that are collectively bargained. Future annual increases to the City's
monthly contributions will be made based upon the latest Annual Segal Health Plan Cost Trend
Survey. The increases shall be effective January 1 of each year during the contract period. In no
event shall the City monthly contributions be less than the prior year, even if the trend rate is
negative. Increases to the FOP and IAFF Health Trusts over the past three years have been 7.1%
in 2019, 6.8%in 2020, and 7.7%in 2021.
Page 834 of 1166
Audited financial disclosure reports are to be presented from the Trust to the City no later than
March 1st of each year.
Group Medical Plan Data as of October 1, 2021:
Plan Member Count City's Contribution City's%of Total
Premium
General
Employees 1159 $13,416,931 76.6%
Retirees 440 $3,512,649 54.2%
FOP Health Trust
Employees 392 $6,988,282 81.7%
Retirees 322 $5,851,474 83.8%
IAFF Health Trust
Employees 209 $4,016,298 89.6%
Retirees 219 $4,300,580 92.1%
Ancillary Benefits
Additional ancillary benefits subsidized by the City:
• Dental Insurance (City subsidizes at approximately 50% of the premium cost for single
coverage)
- Cigna DHMO Plan
- Cigna PPO Plan
• EyeMed Vision Plan (included in health insurance premium)
• Life Insurance -the City subsidized 100 percent of the premium for coverage equal to
one-year's salary of each employee
• Accidental Death and Dismemberment-the City bears the full cost of the premium, the
maximum benefit if$20,000
2
Page 835 of 1166
OTHER FRINGE BENEFITS
• Earned leave(sick,vacation,compensatory)differences in accruals
SICK AND VACATION LEAVE ACCRUALS
Sick Leave Vacation Leave Accruals
Accruals
Constant 0-9.99 10-19.99 20+
years years years
Annual Annual Annual Annual
FOP 96 96 136 176
IAFF shift 144 144 204 264
IAFF non-shift 96 96 136 176
All Others 96 96 136 176
• Leave payouts upon separation
MAXIMUM FINAL LEAVE PAYOUT
Equivalent
Vacation number of
Sick hours paid out hours hours paid
paid out out at 100%
of value
Maximum of 75%
FOP of sick leave hours, Maximum
up to a maximum of 620 1,240
of 620
Half of sick leave
All Others hours, up to a 620
maximum of 600 1,220
IAFF Non-
shift Combination of both * 820
IAFF Shift Combination of both * 1,230
* All sick and vacation hours for IAFF employees paid out at
100%of value up to the allowed maximum
3
Page 836 of 1166
• Sick Leave Sellback(IAFF&FOP)
> Employees covered by the IAFF and FOP agreements are eligible to sell back (at
100%of value)sick leave, minus any sick or emergency vacation time used. Family
and Medical Leave Act(FMLA)shall not reduce the sick leave sell back.
> FOP employees may sell back the number of hours accrued, up to a maximum of
136 hours.
> IAFF Employees with less than fifteen (15) years of service may sell up to ninety-
six (96) hours or 144 hours for 24-hour shift employees. Employees with fifteen
(15) years of service or more may sell up to 136 hours or 204 hours for 24-hour
shift employees.
• Holidays(13 legal holidays;4 floating holidays)
• Injury Service Connected(ISC)supplemental leave pay
> Differences in duration
- 16 weeks(general employees)
- 32 weeks(IAFF& FOP)
• Bereavement Leave with pay
o Unclassified/Others-2 days
o CWA—4 days
o FOP—4 days, with 2 additional days of own time
o IAFF-4 days,with 1 additional week of own time
• Jury Duty Leave with pay
• Union Leave with pay(varies for each bargaining group)
• Tuition Reimbursement
The City's Tuition Assistance Program was revised in 2015 per Resolution 2015-28891 to
provide an updated benefit to eligible employees voluntarily participating in training or
educational programs from accredited institutions of higher learning designed to improve
their effectiveness which directly benefits City operations; provide professional
development; and help prepare employees for other opportunities within the City's service.
4
Page 837 of 1166
Voluntary Benefits(no City subsidy!:
• Pet Insurance
• Disability Insurance(Short-term and Long-term)
• Supplemental Life
• Preferred Legal Plan
• LifeLock(Identity Theft)
• 457 (b) Retirement Accounts
• Roth IRA
• Colonial Life Products
o Accident Insurance
o Whole Life Insurance
o Cancer Insurance
o Critical Illness Insurance
o Hospital Confinement Insurance
Non-payroll related benefits:
• Take-home vehicles(primarily Police)
• Work uniforms and shoes
• Employee Assistance Program (EAP)
• Free parking in City facilities
• Free gym use (IAFF and FOP)
Emergency COVID Leave:
As of January 2022,the City approved emergency COVID leave for employees who were
positive with COVID or close contacts to a positive person at an approximate value of$3
million. On September 1, 2022 this benefit ceased.
5
Page 838 of 1166
PENSION PLANS
There are two plans, and they are in good shape, according to annual Valuation reports. They
each are governed by a Board and Executive Director. The soundness of the plans is ensured
through good governance, careful investment policy, and long-term pension reform and
associated plan changes based on the City Commission adopted resolution 2013-28290 accepting
the recommendations of the Finance and Citywide Projects Committee ("Committee")to adopt
the Budget Advisory Committee ("BAC") proposed policies and guidelines to ensure long-term
pension reform. The policies and guidelines address four perspectives: (1) Affordability and
Sustainability, (2) Appropriate Benefits to Employees, (3) Recruitment and Retention, and (4)
Management of Risk/Risk Sharing.
Each Plan has an actuary valuation report prepared annually by Gabriel, Roeder, Smith &
Company to (GRS) to measure the Plan's funding progress, to determine the employer's
contribution rate for the fiscal year ending, and to determine the actuarial information for
Governmental Accounting Standards Board (GASB) No. 67.
Fire&Police-as of 10/1/2021:
Active Members 488
Terminated Vested (including dormants) 21
Receiving Benefits(including DROPs) 808
Miami Beach Employees Retirement Plan("MBERP")-as of 10/1/2021:
Active Members 1185
Drop Members 101
Retirees& Beneficiaries 1099
Disability Members 25
Terminated Vested Members 110
Current CMB Defined Contribution Retirement Accounts:
-401(a) [legacy retirement account]
- Firefighters' Pension Relief Fund ("175 share plan")*
- Police Officers' Pension Relief Fund ("185 share plan")*
*This is funded by rebate of excise tax on property and casualty insurance premiums.These funds
must be used exclusively for firefighter and police pensions.
Note:A limited number of employees(management team)also have 457(b)deferred retirement
accounts in which an amount is funded by the City.
6
Page 839 of 1166
MBERP(Unclassified and Others)Pension Summary of Benefits:
Tier A
• 401a Retirement Plan
• Eligible retirement age 50
• 3% multiplier for first 15 years; 4% multiplier for each year in excess of 15 years
• Maximum benefit is 90%of Final Average Monthly Earnings(FAME)
• Hire effective date prior to 10/18/1992
• There are no active employees remaining in this group
Tier B
• Employment effective date 10/18/1992 (with pension and retiree health contribution
reform effective 3/18/2006—Ordinance 2006-3504 and 3505)
• Eligible retirement age 55 with 5-year vesting criteria
• 3% multiplier; Maximum of 80%of FAME
• Health benefits for retirees hired before 3/18/2006 determined each year as part of the
budget process, currently approximately 50%of premium
• Health benefits for retirees hired on or after 3/18/2006 is a stipend of $10 for each
creditable year of service, up to maximum of$250 a month for under age 65; $5 for each
creditable year of service, up to maximum of$125 a month for 65 and older
Tier C
• Employment effective date 9/30/2010
• Eligible retirement age 62 with 5-year vesting criteria
• 2.5% multiplier; Maximum of 80%of FAME
• Health benefits for retirees hired before 3/18/2006 determined each year as part of the
budget process, currently approximately 50%of premium
• Health benefits for retirees hired on or after 3/18/2006 is a stipend of $10 for each
creditable year of service, up to maximum of$250 a month for under age 65; $5 for each
creditable year of service, up to maximum of$125 a month for 65 and older
7
Page 840 of 1166
FIRE Pension Summary of Benefits:
Hired before July 14,2010:
• Multiplier 3%for first 20 years of creditable service,then 4%-
• Normal retirement date of age 50 as provided in current pension plan,except that a member must
attain the age of 47 to be eligible for "Rule of 70" (years of service plus age) or reach 85% of
benefit cap regardless of age
• Three(3) highest or last paid years of creditable services for FAME
• 2.5%COLA
• Maximum benefit of 85%of pensionable income(except those who attained an 85%benefit as of
September 30,2013, retain a maximum benefit of 90%of pensionable income)
• Vested after 5 years of creditable service
• 10%employee pension contribution
Hired on or after July 14,2010, but prior to September 30,2013,everything in the previous tier except:
• Normal retirement date of age 50 as provided in current pension plan,except that a member must
attain the age of 48 to be eligible for "Rule of 70" (years of service plus age) or reach 85% of
benefit cap regardless of age
• 1.5%COLA
• Maximum pension benefit is 85%of pensionable income
• Employees who become retirees as of July 14, 2010 receive same contribution towards health
insurance as active employees
• Employees hired after July 14, 2010, shall receive a monthly stipend of$29.77 for each year of
service,subject to annual CPI increase
Hired on or after September 30,2013,but prior to June 8,2016, everything in the previous tier except:
• Five(5) highest or last paid years of creditable services for FAME
• 10.5%employee pension contribution
Hired after June 8,2016,but prior to May 8,2019,everything in the previous tier except:
• Normal retirement age shall be 52; however,under the"Rule of 70" retirement,a member must
attain a minimum age of 48 or reach the 85%of benefit cap regardless of age
Hired after May 8,2019,everything in the previous tier except:
• Vested after 10 years of creditable service
• Shall not receive credit for prior creditable time in Miami Beach General Employee Pension Plan
Deferred Retirement Option Plan(DROP)
• 8-year(96 months)DROP available
PEHP(Post Employee Health Plan):
• FIRE members contribute$50 bi-weekly
• Upon separation or DROP,employees contribute 10%of total accrued leave to PEHP
8
Page 841 of 1166
POLICE Pension Summary of Benefits:
Hired before July 14,2010:
• Multiplier 3%for first 20 years of creditable service,then 4%
• Normal retirement date of age 50 as provided in current pension plan,except that a member must
attain the age of 47 to be eligible for "Rule of 70" (years of service plus age) or reach 85% of
benefit cap regardless of age
• Three(3) highest or last paid years of creditable services for FAME
• 2.5%COLA
• Maximum pension benefit is 85%of pensionable income
• Vested after 5 years of creditable service
• 10%employee pension'contribution
Hired on or after July 14,2010,but prior to September 30,2013,everything in the previous tier except:
• Normal retirement date of age 50 as provided in current pension plan,except that a member must.
attain the age of 48 to be eligible for "Rule of 70" (years of service plus age) or reach 85% of
benefit cap regardless of age
• 1.5%COLA
• Employees who become retirees as of July 14, 2010 receive same contribution towards health
insurance as active employees
• Employees hired after July 14, 2010, shall receive a monthly stipend of$29.77 for each year of
service,subject to annual CPI increase
Hired on or after September 30,2013, but prior to July 20,2016,everything in the previous tier except:
• Five(5) highest or last paid years of creditable services for FAME
• 10.5%employee pension contribution
Hired on or after July 20,2016,but prior to July 31,2019,everything in the previous tier except:
• Normal retirement date shall be 52; however, under "Rule of 70" retirement, a member must
attain a minimum age of 48 or reach 85%of benefit cap regardless of age
Hired after July 31,2019,everything in the previous tier except:
• Vested after 10 years of creditable service
• Shall not receive credit for prior creditable time in Miami Beach General Employee Pension Plan
Deferred Retirement Option Plan(DROP)
• 8-year(96 months) DROP available
PEHP(Post Employee Health Plan):
• FOP members contribute$25 bi-weekly
• Upon separation or DROP,employees contribute 10%of total accrued leave to PEHP
9
Page 842 of 1166
From: Noizar Marla
To: Iwnal.St ohaoir•Waltham.Sonya
Solder& Fad:Ca:Matto vote.
De m Thursday,October 13,2022 9:29:05 PM
Attachments: Yew rereat ohotos.ona
Sent from my iPhone
Begin forwarded message:
From:Osvaldo Garcia jr<osvaldog23@me.com>
Date:October 13,2022 at 6:30:57 PM EDT
To:"Alpizar,Marla"<MarlaAlpizar@miamibeachfl.gov>,"Hernandez,Lana"<LanaHemandez@miamibeachfl.gov>
Cc:"Coney,Monique"<MoniqueConey@miamibeachfl.gov>,Matt Beming<mattberningl3@yahoo.com>
Subject:Certification vote.
[THIS MESSAGE COMES FROM AN EXTERNAL EMAIL-USE CAUTION WHEN REPLYING AND OPENING LINKS OR ATTACHMENTS
Good afternoon Marla,Lana,here is the ratification vote for our 2021-2024 collective bargaining agreement.
•Total ballots counted-109
•Votes in favor of the agreement-108
•Votes against the agreement-1
Below are the votes certified by our election committee,have a good night.
Sincerely
CWA local 3178 Presidente
Osvaldo Garcia Jr.
.. ..:. -r7...i",,.,'1^t .r °C'-�n� .>`�,dc.: .-3'.� ,;.ti 2i~:.. _ .:'�...;'a•W} �,,
f.
•
0ZI� Zd Co/lc {ve. 0 1 A�.n'ri:
z4- 9 9 •
A.91-eer^e41 het-we6i c, •
fy o
Eornn�vni w.0 -rer-s OF 19bite cf)
l-0ca1.. 3 /7�. :.
fol eJ, /3 , ZoZZ
• yt-5 t0 Ac c ep
1- k1 7 in MI WI J)
Lei 041 Lkn /RI JM
.J- Lk/ L'ii. 1y"1 1-1-I'I 1Il/
/09
Page 843 of 1166
NO to Rea ec f
0
t Ath Co �►-,��f is vo feoi • '/es b
•
y
R e1Pc�isio h : of /09— /
•
s.
•
• . .• .- if4E31e1
- K Y S«T SH p
•
Y... ' • l -. ti� L •
µme. c•
...
•
•
•
Sent from my iPhone
Page 844 of 1166
AGREEMENT
Between
CITY OF MIAMI BEACH, FLORIDA
m► MIAMIBEACH
and
COMMUNICATIONS WORKERS OF AMERICA(CWA)
LOCAL 3178
141
Period Covered
October 1,2021248 to September 30, 202424
Page 845 of 1166
TABLE OF CONTENT
PAGE
AGREEMENT 1
PREAMBLE 2
ARTICLE 1 -Recognition
Section 1.1 Representation and Bargaining Unit 3
Section 1.2 Unit Description 3
Section 1.3 Job Classifications/Audits 4
ARTICLE 2-Employee and Union Rights
Section 2.1 Employee Rights During Meetings or Interviews 5
Section 2.2 Notice of Disciplinary Action 5
Section 2.3 Retaliation for Exercising Rights 6
Section 2.4 Union Membership/Right of Union to Represent Only Members 7
Section 2.5 Access to Personnel Records 7
Section 2.6 Employee Bargaining Team 7
Section 2.7 Recording Devices 8
Section 2.8 Computerized Voice Stress Analysis Examinations&Psychological
Examinations 8
Section 2.9 Employee Examination Review 9
Section 2.10 Meeting Leave 9
Section 2.11 Information to be provided to Union by City 9
ARTICLE 3-Deduction of Union Dues
Section 3.1 Check-off 10
Section 3.2 Indemnification 10
ARTICLE 4-Grievance Procedure
Section 4.1 Purpose 11
Section 4.2 Definitions 11
Section 4.3 Special Provisions 12
Section 4.4 Grievances Involving Discipline 15
Section 4.5 Grievance Procedures 15
Section 4.6 Arbitration 17
Section 4.7 Differences Concerning Personnel Rules 18
Section 4.8 Union Time Bank 19
ARTICLE 5-No Strike and No Lockout
Section 5.1 No Strike 20
Section 5.2 No Lockout 20
Page 846 of 1166
TABLE OF CONTENT,continued PAGE
ARTICLE 6-Management Rights 21
ARTICLE 7-Hours of Work and Overtime
Section 7.1 Purpose 22
Section 7.2 Normal Workday 22
Section 7.3 Normal Workweek 22
Section 7.4 Overtime 22
Section 7.5 Distribution of Overtime Work 23
Section 7.6 Holiday Celebration and Pay for Working on Holiday 24
Section 7.7 Rest Periods 25
Section 7.8 Reporting Pay 26
Section 7.9 Come Back Pay 26
Section 7.10 Standby Time 26
Section 7.11 Clean-Up Time 26
Section 7.12 No Pyramiding 26
Section 7.13 Pay during Hurricanes and Other Dec aredE5sent di r rapt ne uc ne
Pay) 26
ARTICLE 8-Wages and Fringe Benefits
Section 8.1 Wages 28
Section 8.2 Shift Differential 29
Section 8.3 Holidays 30
Section 8.4 Bereavement Leave 30
Section 8.5 Rate of Pay When Working Out of Classification 30
Section 8.6 Asphalt License Training and Certification 31
Section 8.7 Voting Time 31
Section 8.8 Meal Allowance 31
Section 8.9 Jury Duty 31
Section 8.10 Tool Allowance 31
Section 8.11 Uniform Provision 31
Section 8.12 Insurance 32
Section 8.13 Pension 33
Section 8.14 Vacation Benefits 38
Section 8.15 Sick&Vacation Leave Accrual and Maximum Payment on Termination 38
Section 8.16 Public Safety 39
Section 8.17 Enforcement 42
Section 8.18 Perfect Attendance Bonus 43
Section 8.19 Lead Person 43
Section 8.20 Union Conventions 44
Section 8.21 Orientation 44
Section 8.22 Educational Leave&Tuition Reimbursement 44
Section 8.23 Property Management-License(s)Maintenance 44
Section 8.24 EMT Certification Pay 44
Section 8.25 Paid Parental Leave 45
Section 8.26 Hazardous Duty Pay 45
Section 8.27 Light Duty 45
ii
Page 847 of 1166
TABLE OF CONTENT,continued PAGE
ARTICLE 9-General Provisions
Section 9.1 Discrimination 46
Section 9.2 Meetings Between Parties 46
Section 9.3 Reduction in Work Force 46
Section 9.4 Work Rules 46
Section 9.5 Probationary Employees 47
Section 9.6 "Temporary Employees" 47
Section 9.7 Political Activities of Employees 48
Section 9.8 Safety 48
Section 9.9 Parking 49
Section 9.10 Glasses and Hats 49
Section 9.11 Notification in the Event of Transfer or Contracting Out 49
Section 9.12 Stress Reduction/Police Department's Public Safety Communications
Unit 50
Section 9.13 Bulletin Boards 51
Section 9.14 Seniority 51
Section 9.15 Shoes 52
Section 9.16 Labor/Management Committee 53
Section 9.17 Promotions 53
Section 9.18 Beach Patrol Promotions 53
ARTICLE 10-Drug and Alcohol Testing
Section 10.1—10.2 55
Section 10.3 Drug/Alcohol Random Screening 56
Section 10.4 Drug/Alcohol Reasonable Suspicion Testing 56
Section 10.5 Positive Drug and/or Alcohol Test Results 57
Section 10.6 Refusal to Submit 57
Section 10.7 Last Chance Agreement 57
ARTICLE 11 -Entire Agreement 58
ARTICLE 12-Savings 59
ARTICLE 13-Term of Contract 60
EXECUTION 61
APPENDIX A COMPENSATION PLAN 63
APPENDIX B-GRIEVANCE FORM 67
iv
Page 849 of 1166
AGREEMENT
THIS AGREEMENT, was made and entered into on this_day of 20'1922 by and
between the CITY OF MIAMI BEACH, FLORIDA (herein called the "City"), and the
COMMUNICATIONS WORKERS OF AMERICA(herein called the"Union").
CWA-1
Page 850 of 1166
PREAMBLE
WHEREAS, the Union has been selected as the sole and exclusive bargaining
representative by a majority of the employees set forth in Article 1,and has been recognized by
the City pursuant to the laws of Florida as the sole and exclusive bargaining representative for
said employees;
WHEREAS, the City and the Union have voluntarily endorsed the practices and
procedures of collective bargaining as a fair and orderly way of conducting relations between the
City and the employees covered by this Agreement insofar as such practices and procedures are
appropriate to the obligations of the City to retain the right effectively to operate the various
departments of the City and are consonant with the paramount interests of the public;
WHEREAS, it is the intention of the parties to this Agreement to provide, where not
otherwise mandated by Statute, for the salary schedule, fringe benefits and conditions of
employment of the employees covered by this Agreement, to provide for the continued and
efficient operation of the various departments of the City,and to provide an orderly and prompt
method of handling and processing grievances;
NOW,THEREFORE,the parties agree with each other as follows:
CWA-2
Page 851 of 1166
ARTICLE 1
RECOGNITION
Section 1.1. Representation and Bargaining Unit. -The City recognizes the Union as the sole
and exclusive representative of all employees in the unit described below.
Section 1.2 Unit Description. -All regular, full-time employees in the following classified job
descriptions, excluding all managerial, supervisory, confidential, temporary, and casual
employees,and employees currently represented in other certified bargaining units:
Account Clerk I Engineering Inspector
Account Clerk II Field Inspector I
Account Clerk III Field Inspector II
Administrative Aide I Finance Specialist I
Administrative Aide II Finance Specialist II
Administrative Assistant I Finance Specialist III
Administrative Secretary Lifeguard I
Air Conditioning Mechanic Lifeguard II
Building Inspector Lifeguard Lieutenant
Buyer Mason
Carpenter I Masonry Helper
Carpenter II Mechanical Inspector
Clerk Meter Analyst
Clerk Typist Painter
Code Compliance Administrator Parking Dispatcher
Code Compliance Officer I Parking Enforcement Specialist
Code Compliance Officer II Parking Enforcement Specialist II
Commission Reporter I Parking Meter Technician I
Commission Reporter II Parking Meter Technician II
Communications Operator Permit Clerk I
Complaint Operator II Permit Clerk 11
Crime Analysis Specialist Planning Technician
Crime Scene Technician I Plumber
Crime Scene Technician II Plumbing Inspector
Data Entry Clerk Pool Guard I
Dispatcher Pool Guard II
Dispatcher Trainee Police Fleet Specialist
Duplicating Equipment Operator Police Photographer
Electrical Inspector Police Records Technician
Electrician Property Evidence Technician I
Elevator Inspector Property Evidence Technician II
Engineering Assistant I Public Safety Specialist
Engineering Assistant II Revenue Processor I
Engineering Assistant III Revenue Processor II
CWA-3
Page 852 of 1166
Section 1.3 Job Classifications/Audits.
a) The City and the Union agree that in the event the City creates a new job
classification within the bargaining unit,or substantially changes the duties of a job
classification which remains within the bargaining unit, or combines job
classifications within the bargaining unit as a result of job audits,or market studies,
the City will bargain with the Union concerning the appropriate rate of pay for the
new, changed,or combined jobs. However, in no event,will the position be paid
at a lower rate of pay or at a lower classification.
Until agreement is reached or impasse is resolved,affected employees will be paid
as determined by the City. The City and Union will negotiate the final rate and the
effective date will be part of the negotiations process.
b) The parties agree that they will periodically review the job classifications and, if
appropriate,file a joint petition to Public Employees Relation Commission(PERC)
to determine which positions should be in or out of the bargaining unit.
c) The City recognizes the life safety work that Lifeguard I,Lifeguard II and Lifeguard
Lieutenants perform is of a public safety service nature.
CWA-a
Page 853 of 1166
ARTICLE 2
EMPLOYEE AND UNION RIGHTS
Section 2.1 Employee Rights During Meetings or Interviews.
a) Effective upon ratification of this Aoreement an employee shall be entitled to request
minion rej)resentatiorl. I^:+.:i'!no and not I_'ated to Interfiai AffrrS inky '. S�?' Pre-
Determination H_arinas. ,:`reie the representative of the City'intends to seek to gain
information from the employee which may become a_ pan of the emyee's
disciplinary record or may result in a wotten wrarnir..grrepr:man„of the er?iloyee. AFi
e-mployz:c :hai: tct co-to 4oQt:oct Union iepresn:1tion at all meet:ngs whore the
re ntat+ve of the City u'tc,.d6 to seers 4 E a'n` o f'{4m the crn l:iy::i.-v. h
may--become a--part of the written disc;jain_ry- ord or may-moult a written
warning reprimand of-the employee.
b) The employee shall be informed of the nature of the meeting,the alleged conduct,and
if requested,be given a reasonable period of time prior to the meeting to contact and
consult with the Union. Nothing contained herein shall preclude an employee from
legal representation in the event of a criminal.investigation.
c) At the request of the employee, the City will advise the Union President of all such
meetings with the employee and the Union President will arrange to have a Union
Representative present.
d) All meetings will be held in the City at a reasonable hour during the employee's shift
or contiguous to the shift on the clock, unless an emergency or serious condition
prevents such action.
e) This provision of Article 2, Section 2.1 shall be subject to the Union Time Bank as
described in Section 4.8.
Section 2.2 Notice of Disciplinary Action.
a) No reprimand, termination, suspension, demotion, punitive transfer, or punitive
reassignment which results in loss of pay shall be taken against an employee
CWA-5
Page 854 of 1166
unless he/she is notified of the action,and the reason(s)for such recommended
action given in writing specifically prior to the action. Notice in writing shall be
given to the employee as soon as practicable.
b) If such disciplinary action is taken against any employee which results in loss of
pay or monetary benefits or denial of annual merit increase, Management will
adhere to progressive discipline:
Written"verbal warnings"shall be kept in departmental or Human Resources files.
If the employee is not disciplined for the same incident again during a calendar
year,the written"verbal warning"shall not be used for his/her Annual Performance
Evaluation report.
c) The employee must have received a Special Report during the evaluation period
informing him/her of the less than satisfactory performance and what action should
be taken for improvement. A copy of the Special Report must be submitted with
the Annual Evaluation Report.
d) The employee must have received a warning during the evaluation period at least
sixty(60)but no more than ninety(90)days prior to an employee receiving a less
than satisfactory performance. If the unsatisfactory work performance occurred
prior to ninety(90) days before the anniversary increase was due, the warning
must state what action the employee must take to correct the unsatisfactory
performance. A copy of the warning shall be submitted with the Annual Evaluation
Report.
e) Nothing in this section shall be intended to contravene public record law.
f) Annual merit increases are not automatic and may be denied.
The employee's Department will be responsible for monitoring the progress or lack of progress
on the employee's effort to correct the problem which led to the unsatisfactory rating. Such follow-
up shall be every ninety(90)days after the corrective process commenced. Upon correction of
the problem,the employee will be granted the annual increase.
CWA-6
Page 855 of 1166
Section 2.3 Retaliation for Exercising Rights. - No employee, supervisor or management
person shall be retaliated against or be threatened with any such retaliation by reason of his/her
exercise of any rights set forth in this Agreement.
Section 2.4 Union Membership-Right of Union to Represent Only Members. -The City and
the Union agree not to interfere with the right of employees to become or not become members
of the Union,and further, both parties agree that there shall be no discrimination, interference,
restraint,or coercion against any employee because of Union membership or lack of it; except
that the Union may process grievances for, advise, or participate in meetings or interviews on
behalf of members only. Human Resources will inform the Union of new hires on a monthly basis.
Section 2.5 Access to Personnel Records. - Upon reasonable request, an employee shall
have the right, in the presence of an appropriate representative of the employer,to review and
copy all or any portion of the employee's official records which are or may become a part of the
personnel file maintained by the Human Resources Department and his/her department. The
employer may charge a reasonable fee of fifteen cents ($.15) per page for such copying.
Employees will be provided with a copy of records or letters that are to be placed in the employee's
Personnel File maintained in either Human Resources or in the Department personnel file,which
make specific,derogatory comments about the employee's work performance. This shall be done
by the Department prior to the filing and the employee shall be asked to sign his/her
acknowledgement. The employee shall be allowed to place in his personnel file a response of
reasonable length to anything contained therein which the employee deems to be adverse. No
anonymous material shall be placed in an employee's personnel file.
It is specifically understood that this provision shall not in any way alter or modify the Personnel
Rules conceming tests or examinations and the period of time which an employee has to review
tests or examinations which he/she has taken.
Section 2.6 Employee Bargaining Team. -The City agrees that the Union shall be permitted
up to five(5)employees to serve on a collective bargaining team in any collective bargaining
negotiations with the City, and that such persons shall be compensated at their regular salary
when negotiations are during regular working hours. The Union may appoint alternates who shall
be compensated instead of regular members of the collective bargaining team for those periods
of time when they actually serve on the bargaining team. Attendance at negotiations for a
CWA-7
Page 856 of 1166
successor agreement shall not be counted against the union time bank.
Section 2.7 Recording Devices. -No mechanical recording devices of any kind shall be used
in discussions between department heads,division heads,or supervisors and employees unless
the parties mutually agree otherwise. It is specifically understood that this subsection shall not in
any way apply to any City Board.
Section 2.8 Computerized Voice Stress Analysis Examinations and Psychological
Examinations.
A) Computerized Voice Stress Analysis Examinations
1) A bargaining unit member may be required to submit to a computerized voice
stress analysis test,or any other electronic examination,the purpose of which is
to test the truthfulness of the employee when investigating a work place theft only
when there is reasonable suspicion to believe that the employee is involved.
2) It is understood that bargaining unit members may be required to take a
computerized voice stress analysis examination when such examination is a
pre-condition of their initial employment with the City. A bargaining unit member
may be required to take a computerized voice stress analysis examination for
promotion, or transfer into a department that has required computerized voice
stress analysis tests.
3) Such computerized voice stress analysis tests shall be conducted by an
independent,professional examiner as selected by the City. Nothing contained in
the Agreement shall abridge the rights of individual employees or the rights of the
City under Florida law.
B) Psychological Examinations
At the City's request,the Union agrees to appear before the Personnel Board and jointly submit
with the City a proposal to include a psychological examination for Lifeguard I applicants.
Psychological examinations shall be in English and Spanish.
CWA-8
Page 857 of 1166
Section 2.9 Employee Examination Review. -An employee shall have the right in the
presence of an appropriate representative of the employer to examine and/or review his/her
own completed promotional examination as provided in Florida Statutes.
Section 2.10 Meeting Leave. -The Union shall have the right to send up to two(2)of the four
(4)designated Union representatives,authorized with pay for time he/she would have otherwise
been working,to attend City Commission Meetings,Personnel Board Meetings,or Pension Board
Meetings,when a matter relating to the collective bargaining agreement is on the Agenda for such
meeting, and if prior approval has been given by the representative's supervisor. The
representative is to return to work immediately after the City Commission addresses the Agenda
item. This section shall be subject to the Union Time Bank in Section 4.8.
Section 2.11 Information To Be Provided To Union By City. -The City will provide to the
Union one(1)copy of the following:
a) A listing of all bargaining unit employees electronically ever y pal p.:!-,orl�;re tested.
to include the employee's name,address, I.D. number, department assignment, and
date of hire, except where such information is exempt from the definition of public
records as established by Florida Statutes 119.07(3)(i).
b) The"Personnel Rules"of the City of Miami Beach.
c) "Classification Specifications"for all bargaining unit classifications.
d) "Agenda" (as distributed to all department heads and news media) for each City
Commission Meeting.
e) Salary Ordinance amendments affecting bargaining unit classifications.
ARTICLE 3
CWA-9
Page 858 of 1166
DEDUCTION OF UNION DUES
Section 3.1 Check-off. - Upon receipt of a lawfully executed written authorization from an
employee,which is presented to the City by an official designated by the Union in writing,the City
agrees during the term of this Agreement to deduct the uniform Union dues and assessments of
such employees from their pay and remit such deductions to the Union Treasurer; provided,
however,that such authorization is revocable at the employee's will upon thirty(30)days'written
notice to the City and the Union. The Union will notify the City thirty(30)days prior to any change
in its dues and assessments structure.
The Union shall pay,during the term of this Agreement,the amount of two hundred dollars($200)
annually as a service charge for implementing and processing the above-stated dues and
assessments deductions. The Union shall make the payment on or before April 1 of each year of
the Agreement.
The Union and the City agree to develop an electronic/magnetic media reporting system for
deduction of dues within six(6)months of ratification of the contract.
Section 3.2 Indemnification. -The Union agrees to indemnify and hold the City harmless
against any and all claims, suits, orders or judgments brought against the City under the
provisions of this Article; provided, however,this Section shall not apply to any act or failure to
act on the part of the City resulting from its own willful behavior. In the event of an error in dues
deductions,transfer should be transmitted thirty(30)days after written notification.
•
CWA-10
Page 859 of 1166
ARTICLE 4
GRIEVANCE PROCEDURE
Section 4.1 Purpose-It is recognized that complaints and grievances may arise between the
bargaining agent and the employer or between the employer and any one or more employees
concerning the application or interpretation of any provision of this Agreement. The employer and
the bargaining agent desire that these grievances and complaints be settled in an orderly,prompt
and equitable manner so that the efficiency of the City of Miami Beach may be maintained and
the morale of employees not be impaired. Every effort will be made by the employer,employees,
and bargaining agent to settle the grievances at the lowest level of supervision. The initiation or
presentation of a grievance by an employee will not adversely affect his standing with the
employer.
No reprisals of any kind will be made by agents of the City against the grievant(s)or the Union's
representatives by reason of such participation in the processing of their grievance. Similarly,the
Union, its officers or agents, shall not impede, malign, or delay the City or management's
representative in their duties during the investigation or processing of said grievance.
In order to investigate, discuss and process grievances,the designated Union representatives
and witnesses must request permission 24 hours in advance(except in emergencies),and report
their return to work upon conclusion of the use of time for grievance matters. All such time away
from work by Union representatives shall be deducted from and is subject to the Union's Time
Bank. Bargaining unit employees covered by this Agreement shall no longer be able to file an
appeal via the City's Personnel Board procedure for any disciplinary matter.
Section 4.2 Definitions.
a) Grievance - a grievance is a dispute involving the interpretation or application of any
provision of this Agreement, excluding matters not covered by this Agreement or where
Personnel Board rules and regulations are involved; provided, that disciplinary actions,
including discharges,but not including verbal warnings,maybe grieved under this Article
further provided that the reasonableness of new or changed work rules and whether there
has been reasonable application of old or new work rules and lay-off provisions of the
Personnel Board's rules and regulations, may be grieved under this Article. The
reasonableness of work rules which were negotiated is not grevabl.
CWA-11
Page 860 of 1166
b) Moneyed Employee(s)-the employee(s)filing the grievance or causing the grievance to
be filed.
c) Immediate Supervisor-the individual having immediate supervisory authority over the
aggrieved employee(s).
d) Division Head-the head of the division in which the aggrieved employee(s)works.
e) Department Head-the head of the department in which the aggrieved employee(s)works.
f) Days-as referred to in the time limits herein,days shall mean working days(i.e.,Monday
through Friday,exclusive of scheduled holidays).
Section 4.3 Special Provisions.
a) The time limits set forth herein may be extended and/or modified by mutual written
agreement.
b) If the employer violates any time limits,the bargaining agent may advance to the next step
without waiting for the employer's response. If the Union,or the grievant(s)fail to initiate
or move the grievance to the first or next step of the grievance procedure, as set forth
herein(time limits),it shall be untimely and considered withdrawn.
c) The parties acknowledge that,as a principle of interpretation,employees are obligated to
work as directed while grievances are pending; except where the safety of a working
condition or health of the employee(s)is the basis of the grievance.
d) Aggrieved employees,a reasonable number of employees,not to exceed three(3),,called
as witnesses,and a specifically designated Union representative,shall be allowed to be
present at the various formal steps of the grievance procedure,including arbitration. One
witness may attend without loss of pay for those actual hours during his/her regular work
schedule. Any other witnesses, not to exceed two(2)in total, may attend provided that
there is adequate time to cover such work time in the Union Time Bank.The Union shall
notify the City Manager's designee for Labor Relations of who it wishes to call,and then
Management will schedule the witnesses to be available as needed. If there are
CWA-12
Page 861 of 1166
circumstances where more than three(3)witnesses are needed,the Union will make a
request to the City Manager's designee for Labor Relations, who will make the final
decision.
e) The Union shall designate to the City the names of the seventeen (17) Union
representatives, plus one individual who shall be designated as the Chairman of the
Grievance Committee,whose function shall be to assist unit members in the processing
of complaints and grievances under this procedure. At Step I only one (1) of the
designated Union representatives will be allowed at any grievance meeting. At Step II&
Ill,only two(2)of the designated Union representatives will be allowed at any grievance
meeting. All such attendance time shall be deducted from and subject to the Union's Time
Bank as set forth in Section 4.8, including, but not limited to, the specification of
representation by four(4)members of the executive board.
f) City of Miami Beach employees other than those designated Union representatives(as
set forth in Section 4.8)shall not be granted time off from work without loss of pay for the
processing of grievances.
g) The specifically designated Union Representatives shall be permitted during working
hours without loss of pay to investigate, discuss, and process grievances in their
respective areas,provided the following conditions are met:
1) that they first secure the permission of their immediate supervisor (such
permission shall not be unreasonably denied);
2) that the supervisor shall be notified twenty-four (24) hours prior to
investigating, discussing, and processing grievances on City time (shorter
notice may be given in the case of emergencies).
3) that the representative will report his/her return to work to the immediate
supervisor upon conclusion of the use of time for grievance matters;and
4) that there is sufficient time in the Union Time Bank to cover the entire period
of the representative's absence from work.
h) An employee may request Union representation in accordance with the provisions of this
CWA-13
Page 862 of 1166
Agreement at each and every step of the grievance procedure set forth in this Agreement.
i) The bargaining agent,in accordance with its own lawful internal rules,shall have the sole
and exclusive right to determine whether any grievance warrants processing through this
procedure. In the event the bargaining agent determines at any step of the grievance
procedure that a grievance does not warrant processing, a written notification of that
determination shall be sent to the City Manager's designee for Labor Relations. The
employee(s)involved shall then be free to process it themselves or through legal counsel.
j) If the bargaining agent has declined to process or further process any grievance presented
to it,and if any employee,or group of employees,desires to process it or further process
their own grievance through this procedure,the bargaining agent shall be sent copies of
all written communications sent by the employer or the employee(s) involved. Further,
nothing herein contained shall be construed to prevent any public employees from
representing, at any time, their own grievance in person or by legal counsel to the
employer, and having such grievance(s) adjusted without the intervention of the
bargaining agent,provided however,that the adjustment is not inconsistent with the terms
of the collective bargaining agreement then in effect; and provided further that the
bargaining agent has been given notice and a reasonable opportunity to be present at any
meeting called for the resolution of such grievances.
k) The bargaining agent shall not be responsible for any costs attendant to the resolution of
any grievance(s)it has not processed.
I) The parties acknowledge that multiple grievances may be combined at any stage of the
grievance procedure where the class of aggrieved employees is clearly defined and the
subject matter of the grievances is the same or similar.
m) At Step I,all formal grievances presented shall include the date of the alleged violation,
the specific article and section grieved;a brief description of the grievance,and the remedy
requested.
CWA-14
Page 863 of 1166
Section 4.4 Grievances Involving Discipline. -Discipline shall be only for just cause and shall
include written reprimand, suspension,or dismissal. A verbal warning is not disciplinary and is
not grievable. Any regular employee who is disciplined, and who has completed the required
probationary period,may file a grievance pursuant to the provisions of this Article. The Union or
employees not represented by the Union in a grievance or who are not members of the Union
may file discipline grievances at either Step I or II within fifteen(15)days of the written notice of
action.
Section 4.5 Grievance Procedures:
STEP I
a) The grievance shall be filed within fifteen (15) days of the alleged violation,
interpretation or application of the terms of employment set forth in this Agreement.
b) The grievance shall be filed with the division head in writing, on the Grievance
Form as attached in the appendix.
c) The division head or his/her designee shall note the date of receipt of the
grievance,and shall seek to meet the aggrieved employee at a mutually agreeable
time within ten(10)days of receipt of the grievance.
d) Within five(5)days of the meeting,the division head shall render a decision and
shall immediately communicate that decision in writing to the aggrieved, the
bargaining agent, and the department head. If the decision is to deny the
grievance,the reasons for denial shall be specifically stated.
e) The aggrieved employee(s)and/or the bargaining agent may appeal the decision
of the division head within seven(7)days of receipt of the decision.
f) The appeal shall be submitted in writing to the department head. Failure to appeal
the decision of the division head within seven(7)days shall constitute acceptance
by the aggrieved employee(s)and the bargaining agent of the decision as being a
final resolution of the issues raised.
CWA-15
Page 864 of 1166
STEP II
a) If the aggrieved employee(s) appeals the decision, the department head shall
schedule a meeting to take place at a mutually agreeable time not more than five
(5) days after receipt of the appeal. The exclusive bargaining agent shall be
advised in writing as to the date of the proposed meeting,and shall have the right
to send one(1)observer to the proceedings if the bargaining agent is not involved
in the actual representation of the aggrieved employee(s).
b) Within five(5)days of the meeting,the department head shall render a decision
and shall immediately communicate that decision in writing to the aggrieved
employee(s),and to the bargaining agent. If the decision is to deny the grievance,
the reasons for denial shall be specifically stated.
c) The aggrieved employee(s)may appeal the decision of the department head within
seven (7)days of receipt of the decision. The appeal shall be communicated in
writing to the City Manager's designee for Labor Relations. Failure to appeal the
decision of the department head within seven(7)days shall constitute acceptance
by the aggrieved employee(s)and the bargaining agent of the decision as being a
final resolution of the issues raised.
STEP III
a) If the aggrieved employee and/or a representative of the bargaining unit appeals •
the decision, the City Manager, or his/her designee for Labor Relations, shall
schedule a meeting to take place at a mutually agreeable time not more than
twelve(12)days after receipt of the appeal.
b) Within twelve(12)days of the meeting,the City Manager or his/her designee for
Labor Relations shall render a decision and shall immediately communicate that
decision in writing to the aggrieved employee and the bargaining agent. If the
decision is to deny the grievance,the reasons for denial shall be specifically stated.
c) Failure to appeal the decision rendered in Step III within twelve(12)days by notice
of intent to submit to arbitration shall deem the decision at Step III to be final and
CWA-16
Page 865 of 1166
no further appeal will be pursued.
Section 4.6 Arbitration.-If the employer and the aggrieved employee(s)and/or the bargaining
agent fail to resolve the grievance,the grievance may be submitted to final and binding arbitration
by an impartial neutral mutually selected by the parties.
a) Notice of intent to submit the grievance to arbitration shall be communicated in
writing by the Union President or his designee to the office of the City Manager's
designee for Labor Relations within twelve(12)days of the receipt of the decision
at Step Ill. Any request to go to arbitration on behalf of the employer is to go to
the Union President.
b) Within thirty(30)days after written notice of submission to arbitration a request for
a list of five(5)or seven(7)arbitrators shall be submitted to the Federal Mediation
and Conciliation Service(FMCS). Both the City and the Union shall have the right
to strike two(2)names from the panel of five(5)or three(3)names from the panel
of seven.
The City and the Union agree to alternate as to who shall strike the first name. The
arbitrator remaining on the panel after both parties have utilized their two(2)strikes
from a panel of five(5)or three(3)strikes from a panel of seven(7)shall be the
selected arbitrator. Upon receipt of the panel of arbitrators from the FMCS,the
City and the Union shall have thirty(30)days to complete the striking process. The
arbitrator shall be notified of his/her selection within five(5)days by a joint letter
from the City and the Union requesting that he/she schedule a date and place for
a hearing,subject to the availability of the City and the Union.
c) Prior to the commencement of the arbitration,the arbitrator may hold a pre-hearing
conference to consider and determine:
1. the simplification of the issues;
2. the possibility of obtaining stipulation of facts and documents that
will avoid unnecessary proof;
3. such other matters as may aid in the disposition of the grievance;
CWA-17
Page 866 of 1166
4. matters of jurisdiction or applicability.
d) The arbitrator shall have no right to amend,modify,ignore,add to,or subtract from
the provisions of this Agreement. He/she shall consider and decide only the
specific issue submitted to him/her in writing by the City and the Union,and shall
have no authority to make a decision on any other issue not submitted to him/her.
The arbitrator shall submit in writing his/her decision within thirty (30) days
following close of the hearing or the submission of briefs by the parties,whichever
is later, provided that the parties may mutually agree in writing to extend said
limitation. The decision shall be based solely upon his/her interpretation of the
meaning or application of the express terms of this Agreement to the facts of the
grievance presented. Consistent with this Section,the decision of the arbitrator
shall be final and binding.
e) In the event that an employee desires,on his/her own behalf,to process his/her
grievance to arbitration,the bargaining agent reserves the right to intervene in the
arbitration proceeding up to and including the full right to participation as a party.
f) All arbitration costs, including the cost of the arbitrator,stenographic reporting of
the arbitration hearing,(for an original and one copy),and the venue rental if City
space is unavailable shall be divided equally between the employer and the
bargaining agent, or if the bargaining agent has determined not to process the
grievance through arbitration, between the employer and the employee(s). Any
cancellation fees will be borne wholly by the party cancelling. Each party will pay
the cost of presenting its own case.
Section 4.7 Differences Concerning Personnel Rules. -A difference of opinion with respect
to the meaning or application of the Personnel Rules which directly affects wages, hours, or
working conditions may be submitted by the employee or the Union President (or his/her
designee) to the City Manager's designee for Labor Relations within ten (10) days after the
occurrence of the event giving rise to the difference of opinion. The City Manager's designee for
Labor Relations shall discuss the matter with the employee and the Union Representative at a
time mutually agreeable to the parties. If no settlement is reached at this meeting,the employee
may submit a grievance through the grievance process as set forth in Section 4.5.
Section 4.8 Union Time Bank.-The CWA represented by four(4)members of the Executive
Board,or any other union member appointed,as determined by the President,shall have the right
CWA-18
Page 867 of 1166
to conduct union business(under the conditions described in this Section)through the use of a
time bank.The Time Bank hours for toe period cover rg-G 4obe. ,. 2,D12 thro:;griSi : ::iii r iil
2013 sh;,l;be . . . hours. Effective October 1 2013. the T;rne Bank shall be 2,250 hours each
contract year. n., er;time batik. h:u S fiom oil , yoa+u shier,rip lvvei to toe ri .1i o .iaci
y:_r..-r-ot to r:F ee 1 tr"to r,'t .. .:: �i 'C'l ha.i: o. coa i yeaf..A cap of twenty(20)hours•
a month,per union representative,excel!,the President shall have a fcity(4.;hour cap effective
upon ratification.v:h ch can be used for union business from the Union Time Bank.No more than
two(2)of the designated Union representatives may use time from the Union Time Bank at the
same time. In preparation for bargaining a successor agreement the ca;)on the Uttiori President
and Vice President :hail be lifted and time ooi usage shall not be counted as Ire i.vorked for
overtime purposes The!.anion President must notify the City of the exact date when they begin;
using time_.pco! hours for bargaining preparation. The cap shall be reinstated only after the
successor agreement is ratified. The President or designated union representative of the CWA
shall provide a minimum of twenty-four(24)hours'notice to the appropriate Department Director
or designee for any leave to be granted. Such leave shall not be granted unless previously
approved in writing by the CWA President. Time for attendance at negotiations for a successor
agreement is addressed in Article 2.6.of this Agreement.The time bank shall be used for union
representation as outlined in Section 2.1, 2.10, and Article 4 of this agreement.All other union
convention time other than union convention time referred in Section 8.22 shall be part of the
Union Time Bank.
EffCCti_ve upon r.atiticatio the fc.,...:ing shall not be counted against the Union Time Bark, as
outiiiiej ill the borrospondir:_g•sect,;;:ni7i:
i 2 6collect:ye r::rr'nirirn_,meetings(up to rive membersi
3Nttenoa __. Attendance at a pension board . eiti
representative aS 3 pension board member shall not oe counted froginst`thre time
bank.
> 8.20 Union Conventions for two delegates not to exceed two weeks of paid!eave
7 (3 Labor Management Meetings
Representatives must return to work immediately upon conclusion of the meeting that was the
reason for the approved Union time off. If the Union Time Bank is exhausted,no more paid time
off to conduct union business on City time shall be requested,paid or approved. Attef)44afacce-;at
CWA-19
Page 868 of 1166
•
pens.on board nieeting by a designated union represeataljv-e-as•a•pens4on boarci rnemi.er
note c.ounte6 against the Limon time Dank.
CWA-20
Page 869 of 1166
ARTICLE 5
NO STRIKE AND NO LOCKOUT
Section 5.1 No Strike. -The parties hereby recognize the provisions of Chapter 447, Florida
Statutes,which define strikes,prohibit strikes,and establish penalties in the case of a strike and
incorporate those statutory provisions herein by reference. The parties further agree that the City
shall have the right to discharge or otherwise discipline any employee(s)who engage(s)in any
activity defined in Section 447.203(6),Florida Statutes.
Accordingly, the Union, its officers, stewards and other representatives agree that it is their
continuing obligation and responsibility to maintain compliance with this Article and the law,and
to encourage and direct employees violating this Article or the law to return to work, and to
disavow the strike publicly.
Section 5.2 No Lockout. - The City will not lockout any employees during the term of this
Agreement as a result of a labor dispute with the Union.
CWA-21
Page 870 of 1166
ARTICLE 6
MANAGEMENT RIGHTS
It is recognized that except as stated herein,it is the right of the City to determine unilaterally the
purpose of each of its constituent agencies,set standards of service to be offered to the public,
and exercise control and discretion over its organization and operations.
The Union recognizes the sole and exclusive rights, powers, and authorities of the City further
include but are not limited to the following:to direct and manage employees of the City;to hire,
promote,transfer,schedule,assign,and retain employees;to suspend,demote,discharge or take
other disciplinary action against employees for just cause; to relieve employees from duty
because of lack of work, funds or other legitimate reasons; to maintain the efficiency of its
operations,including the right to contract and subcontract existing and future work;to determine
the duties to be included in job classifications and the numbers,types,and grades of positions or
employees assigned to an organizational unit,department or project;to assign overtime and to
determine the amount of overtime required;to control and regulate the use of all its equipment
and property; to establish and require employees to observe all its rules and regulations; to
conduct performance evaluations; and, to determine internal security practices; provided
however,that the exercise of any of the above rights shall not conflict with any of the express
written provisions of this Agreement. The City agrees that,prior to substantial permanent layoff
of bargaining unit members,it will advise the Union.
If,in the sole discretion of the City it is determined that civil-emergency conditions exist,including
but not limited to riots,civil disorders,hurricane conditions,or similar catastrophes,the provisions
of this Agreement may be suspended by the City Manager or his/her designee for Labor Relations
during the time of the declared emergency,provided that wage rates and monetary fringe benefits
shall not be suspended.
Should an emergency arise, the Union President shall be advised as soon as possible of the
nature of the emergency.
CWA-22
Page 871 of 1166
ARTICLE 7
HOURS OF WORK AND OVERTIME
Section 7.1 Purpose. -This Article is intended to define the normal hours of work and to provide
the basis for the calculation and payment of overtime.
Section 7.2 Normal Workday. - The normal workday shall consist of eight (8) or ten (10)
consecutive hours of work,exclusive of the lunch period,in a twenty-four(24)hour period.
Section I l,a Exception.Effective upon ratification of this I oru_nleni Ocean Rescue emo':oyees
shall have a normal workday of ten(10)consecut ve nows and shal:work four(4)days per week
all_year ro.und..-Subject to the- e .the City shall determine all aspects of the-sehedVing of
Ocean Rescue employees. In'cludin .--but-not limited to, the daily and weeic+)ii4-shifts of individual
employees and/or group of employees-±m ludiiliq the start and finish times-Breach shift and-the
start and finish times of-iCd+V4dUais within a shift (staggered shifts))and days-off,Management
determine the v,ititevsummer hours of operation. Any change to scheduling is made
consistent with notice and seniority requirements contained in this agreement_ when aa,aroaE4e-
The City may,on an as needed basis,supplement the Lifeguard workforce with such"temporary
employees"as outlined in Section 9.6.
Section 7.3 Normal Workweek. -The normal workweek shall consist of forty(40) hours per
week,and such additional time as may,from time to time,be required in the judgment of the City
to serve the citizens of the City. The workweek shall begin with the employee's first regular shift
each week. No schedule changes involving shifts or days off shall be made without at least ten
(10)workdays'notice to the employees involved, provided that in an emergency,or other such
reason justifying a temporary schedule change only,such notice as is practicable shall be given.
The implementation of this provision shall not be arbitrary and capricious.
Section 7.4 Overtime. - It is understood that the City may require necessary and reasonable
overtime for unit members. For all hours worked in excess of forty (40) hours during an
employee's workweek, the City will pay the employee one and one-half (1-1/2) times the
employee's straight time hourly rate of pay.
Effective upon ratification of this Lgrocrnont F€or all hours worked during a forced overtime,the
City shall pay two(2)times the employees straight time hourly rate of pay.
CWA-23
Page 872 of 1166
Only actual hours worked shall be considered for the purposes of computing overtime. For
example,paid leave including but not limited to any Annual,Sick,Family Medical Leave,B:44i44e'y,
Floater, Bereavement, Administrative Leave shall not be considered as time worked for the
purpose of computing overtime.
Effective upon ratification of this Agrccnnt.-Uunion time pool hours will count as time worked for
the purposes of overtime except as stated in Section 4.8 while the cax_is IifteC for the Union
President and Vice President during negotiation preparation-
For all hours worked on an employee's seventh consecutive workday within his/her workweek,
the City shall pay two (2) times the employees straight time hourly rate of pay, provided the
employee has worked his/her full shift on each of the six(6)preceding workdays_effective upon
rat#fic:at3on of this Agreement •
Employees shall no longer earn compensatory time in lieu of overtime.Any existing compensatory
time,when used,will not be considered as time worked for purposes of computing overtime.
•
Section 7.5 Distribution of Overtime Work. - Overtime shall be distributed as equally as
practicable among employees in the same job classification in the same work section and area
starting with the most senior employee, as per Section 9.14 Seniority, provided the employees
are qualified to perform the specific overtime work required. Any overtime work required for a
specific job classification within this unit,shall be offered to unit members first. In the event that
no bargaining unit member accepts the overtime,the overtime may be offered to other qualified
individuals outside of the bargaining unit.
The City will maintain the records of overtime work, including: the nature of the work, to what
classification it is applied,to what employee(s)it was offered,who performed the work,how many
hours were worked, and whether it was voluntary or required. The records will be updated
monthly,maintained on a rolling 12-month basis,and posted.The records shall be made available
electronically for employees to verify and check. Should any employee assert that he or she has
not been offered a reasonably equitable number of overtime work hours for which he or she is
qualified, he or she may bring such assertion to the attention of management. Should
management determine that the employee's assertion is justified, then that employee shall.be
given the right of first refusal to all subsequent overtime work offers until reasonable equity is
restored,without regard for seniority. If no employee accepts offered overtime work,the City may
CWA-24
•
Page 873 of 1166
require an employee or employees to work the overtime.Should the overtime work arise from the
continuation of work in progress,the employee performing the work may be required to complete
it. In cases where the City requires that overtime work be performed,the overtime work will be
assigned on a rotating basis in inverse order of seniority among employees holding the same
classification, subject to the qualification of any individual employee to perform the work, within
each shift. •
Effccti."e-errEn rati`i:.3!•Dn of t4 s. Oence an employee has been forced to work
overtime because of their junior status,based on seniority,they cannot be forced again until the
list has been exhausted in reverse order of seniority provided that the employee being forced
does not work or is not scheduled for more than sixteen(16)hours without an eight(8)hour break.
Section 7.6 Holiday Celebration and Pay for Working on Holiday.
a) Whenever any of the holidays listed in Section 8.3.Holidays,of this Agreement fall
on a Sunday, the following workday shall be observed as the official holiday;
whenever any of the above listed holidays occur on a Saturday, the preceding
workday shall be observed as the official holiday. In such cases,the day on which
the holiday is observed shall be considered to be the paid holiday and not the
regular day.
b) To be eligible for a paid holiday, an employee must report for scheduled work on
the holiday,on the last scheduled day preceding the holiday and the first scheduled
day following the holiday unless such absences are excused. Excused absences
are defined as:
1) an employee calls in sick and is eligible to receive paid sick leave,and who
is granted sick leave usage;
2) approved annual leave;
3) floating holiday;
4—. rcrFhd y.
c) Failure to report for work on,before,after,or during the holiday after having been
scheduled to work on such holiday shall be just cause for denial of holiday pay.
CWA-25
Page 874 of 1166
d) A holiday which is observed during an employee's regularly scheduled workweek
shall not be considered as time worked for the purpose of computing overtime,
pursuant to Section 7.4,Overtime,herein.
1. Should an employee not work on a holiday that falls on his/her regularly
scheduled day off,he/she shall be paid eight(8)or ten(10)hours of holiday
pay, depending on the number hours in his/her regular shift, at his/her
straight time hourly rate.
2. Should an employee work on a holiday that falls-on his/her regularly
ccncdurad work day. ha',.nc chat)be paid for tho
eight(8)or ten(10)hours of holiday pay.depending on the number of hours
in the cmployc%'s regular;hift.at the regular rate.
Effective upon ratification of this Agreement. for Fork on a holiday failing on
an employee's regularly scheduled work day. he/she shall be paid for the •
numibei of hours actually worked at one and one-half of their regular rate.
irrespective of whether the employee has worked in excess of forty(40)hours
in the applicable work week. plus eight (8) or ten (10i hours holiday pay.
depending on the number of hours in the employee's regularly assigned work
shift. at the regular rate of pay.
3. Should an employee work on a holiday that falls on his/her regularly
scheduled day off, effective upon ratification. he/she shall be paid for the
number of hours actually worked at one-and one half of their reoular rate.
irrespective of whether the employee has worked in excess of forty (40)
hours in the applicable work week his/her regulao-on overtime rota.
whichever is applicable, plus eight (8) or ten (10) hours of holiday pay,
depending on the number of hours in the employee's regular shift, at the
regular rate.
. 4. Effective upon ratification-of this agreement. Eemployees not assigned to
a Monday—Friday shift will be paid Holiday Pay on the actual date of the
holiday and not the date the City observes the holiday.
Section 7.7 Rest Periods. Employees may take a rest period of fifteen(15)minutes for each
half day of work. Daily rest periods shall be scheduled by the supervisors. Whenever practicable,
the rest period will be scheduled approximately mid-point in the first one-half of the employee's
CWA-26
Page 875 of 1166
regular work shift and in the second half of the employee's regular work shift. Employees who
extend their rest period May be subject to disciplinary action.
Effect;s,e upon ratificat•on of this Aci;eeni€ t. Code Officers and Administrators may request with
the approval of the employee's supervisor,the two fifteen(15)minute rest periods to be combined
with the employee's thirty(30)minute meal break,providing for a sixty(60)minute meal break.
For each additional four(4)hours worked beyond the regular shift,an additional fifteen(15)minute
rest period shall be provided. Employees in PSCU shall enjoy a fifty(50)minute meal break and
a ten(10)minute rest period which, upon request of an employee and with the approval of the
supervisor,will be combined into a sixty(60)minute meal break.
Section 7.8 Reporting Pay. —An employee who reports to work as scheduled will be guaranteed
eight(8)hours of work or eight(8)hours of pay;(or,for those on ten-hour days,ten hours of work
or ten of pay); provided, however, that supervisors may assign employees to perform any
reasonable work.
Section 7.9 Come Back Pay. -An employee who is scheduled or called in to work outside of
his/her normal hours of work will be guaranteed four(4)hours of work or four(4)hours of pay. It
is understood that call-in pay does not apply to work which is contiguous to his/her regularly
scheduled shift. Employees who are required to attend Court shall only be required to return to
Division Headquarters if their Court appearance has been scheduled during their normal
workweek.
Section 7.10 Standby Time. Employees assigned to standby shall receive two(2)hours per day
of straight time as a standby bonus unless they receive comeback pay. Standby Pay shall be
offered to employees in the same manner and conditions as in Article 7.5 Distribution of Overtime
Work.
Section 7.11 Clean-Up Time. -At the end of the shift,skilled trades employees and members
of the beach patrol and Pool Guards shall be allowed fifteen(15)minutes clean-up time;provided
that they may also be required to perform other work tasks during such time if it does not interfere
with clean up. However,Pool guards cannot leave the job site during this clean-up time.
Section 7.12 No Pyramiding. -Premium pay and overtime shall not be paid for the same hours.
The employee shall receive the greater of the two alternative premiums.
Section 7.13 Pay During Hurricanes and Other Declared EmergenciesEssentipl Perso„ael
{krfisaafe-lam
CWA-27
Page 876 of 1166
a)Erne renc•;;Hurricane)Pay
When the City declares an emergency due to a named hurricane and other events, and
employees are advised to stay home with pay and some employees are ordered to work,these
employees shall be paid at double their straight hourly wages for all hours worked for up to three
(3)days. Payment for hours worked during a declared emergency event will be paid at this rate
irrespective of whether the employee has worked in excess of forty(40)hours in the applicable
work week for up to three(3)days.
b)Landfall Team Compensation:Public Works functions)
Bargaining Unit employees designated to be part of the Landfall Team(designated Landfall Team
Members)shall be on a voluntary basis only starting with the most senior person in the same
division. Designated Landfall Team Members shall be compensated at a pay rate of one and
one-half of the employee's hourly rate of pay for all hours worked plus one (1) hour of
Administrative Hurricane Pay for each of the first eight (8) hours worked for up to three (3)
consecutive days. Payment for hours worked during a declared emergency event will be paid at
this rate irrespective of whether the employee has worked in excess of forty(40)hours in the
applicable work week for up to three(3)days. Designated Landfall Team Members shall only
qualify for the pay if the Landfall Team is activated by the City's Emergency Operations Center
(EOC). Landfall Team Members who report to duty will be paid for the duration of the Landfall
Team activation for actual hours worked.
During a weather-related emergency event,if a designated Landfall Team Member fails to report
for duty during their regularly scheduled shift,(while other employees are directed to stay home)
said employee will not receive the Landfall Team Compensation nor Hurricane Pay.
Should a designated Landfall Team Member work in excess of forty (40) hours during their
regularly scheduled work-week, said employee will be compensated at a rate of time and one-
half their regular hourly rate for those hours worked above forty(40)hours in accordance with the
Fair Labor Standards Act.
Employees shall not receive both Hurricane Pay and Landfall Team.
Effective upon ratification of this Agreement, dDesignated Landfall Team Members shall be
allowed up to eight four (48) hours to secure personal property prior to a weather-related
CWA-28
Page 877 of 1166
emergency event. During the weather-related emergency event,the City shall provide designated
Landfall Team Members with food,weather gear,and shelter rated to withstand a category five
(5) storm. Designated Landfall Team Members shall be required to seek shelter when winds
exceed 40 miles per hour.
The Landfall Team shall not erode the bargaining unit.
C Public Safety E.rnployees Compensation
Effective upon ratification of this Agreement ban:laic-lino unit employees in public safrelateci
funct!cns who are placed on AlohaiBravo shift and assigned to work donna a declared r-tnergency
due to a hurricane or other declard emerdencv.pursuant to 7.124a).wil receive hurricane
22;:x•_as stated above in section (a.,. of ti7is r.;ovisi.nr; ifpplc safe.tv ernpicyee.s are over
pfnr or after their shift due to adverse concfit:ons they will be paid straVIr',imp for all
while be:oo leld-over and not worki09.
•
CWA-29
Page 878 of 1166
ARTICLE 8
WAGES AND FRINGE BENEFITS
Section 8.1 Wages
No bargaining unit member who left the City's employ prior to the date of ratification of this
Agreement by the Commission will be eligible for any wages or benefits under this Agreement.
a) Effective the first(1st)full pay period ending in October 201�3 pr_l 2022,there shall be an
across-the-board wage increase of two percent (2%) one percent ;1%) for all CWA
bargaining unit positions. In addition, the minimums and maximums of each job
classification range will be increased by two percent one percenl(4-2%),accordingly.
b) Effective the first(1st)full pay period ending in October 201-8f;pri!2023,there shall be an
across-the-board wage increase of three (3 ,)one p=rant(1-for all CWA bargaining
unit positions. In addition,the minimums and maximums of each job classification range
will be increased by three percent one percent(13%),accordingly.
c) Effective the first(1st)full pay period ending in October 2020a016 2024,there shall be an
across-the-board wage increase of t'�;ee oric percent (1 .,)for all CWA bargaining
unit positions. In addition,the minimums and maximums of each job classification range
will be increased by three percent_L3V—lone percent (1%i, accordingly. to--the event the
City's Cenero!Fund-Revenues incr_ase by clever p2rcent-4:4444}{e: s:, .zr�,�
there so!!be-an _ ,owe percent(2%-}•nstead of the one
(1'4)percent,
The City of Miami Beach classification and pay system will be utilized for all bargaining unit
employees.All classifications in the CWA Bargaining Unit shall be in the pay for performance pay
system. This classification and pay system include salary range changes,job audits,and market
classification studies,but does not include cost-of-living increases.
Consistent with the classification and pay system, no employee's salary shall exceed, for any
reason,the applicable maximum salary for the pay range of the employee's position.
CWA-30
Page 879 of 1166
Re-opener
!i_the uocorn;no fisc_l year. the City pan to have a C ty'i:!c:e saii:y study completed >'''-:'. the
Ot','tvide said •st' ct y is completed the C_it uo'ees to a;eopent :ith the CV VA,on the
o` eoiassitvq o ue'tan ciassifcat;on_.
Effective upon ratification of this Agreement, all CWA bargaining unit employees who receive a
rating of three(3)or above on their annual evaluation, shall be eligible for a merit increase on
their anniversary date,provided that the employee's salary shall not exceed the maximum of the
salary range for his/her position. For FY 2r:482021/4-P22, FY 20442022/2023, and FY
20 20_23/24-224, any employee whose salary exceeds the maximum of the salary range for his
/her position shall be eligible to receive a one-time,non-pensionable payment,up to 3%.Ratings
shall be 1 through 5 as follows: 1 equals unsatisfactory, 2 equals needs improvement, 3 equal
meets expectations, 4 equals exceeds expectations and 5 equals significantly exceeds
expectations.An employee who receives an equivalent score between 3 and 4.24 shall be eligible
for a two percent (2%) merit increase, and an employee who receives an equivalent score
between 4.25 and 5 shall be eligible for a three percent (3%) merit increase. Performance
Evaluation increases may total no more than three percent(3%).
Employees who receive a score of less than three(3)shall not receive a merit increase.
Performance Improvement Plans
Performance Improvement Plans will be implemented after a less than satisfactory evaluation.
The employee's performance will be reevaluated after 90 days.If acceptable performance is not
achieved after 90 days,the employee will be given a second 90-day Performance Improvement
Plan. Managers will advise the employee intermittently through the Performance Improvement
period regarding their progress and suggested improvements. If a satisfactory rating is not
achieved after two consecutive 90-day Performance Improvement plans,the employee may be
disciplined up to and including termination. If an employee is eligible for a merit increase, merit
increase will be effective the beginning of the pay period immediately following the new
satisfactory performance rating.
If an employee's merit rating score does not qualify him/her for a merit increase,the employee
may grieve the evaluation up to Step III under the provisions of this Agreement.
CWA-31
Page 880 of 1166
Furlough'COVID Relief
Effectrve;a(o ;at:f cati.;_ of th;S Aoreernent. currant erJipigyees covered :.;;1der this contract !n
Confi''tation that this taieaining__CL- cave days.:ays. {' lece,ve a one.nme non-
pensionable bonus to be paid one week after the first pay period following ratification of the
agreement.as follows:
52.000 for full time emp:nvees who made more than 550.000 on Sept 33_2021
51.500 for full time employees who made less than 550.000 on Sept 30 2021
Those who were furloughed for more tha.)9 days. .vil!receive their base pay. Der day based on
their normal work schedule for uo to th_rty_(30)days. as a non-pensionable bonus. in lieu of the
furlough/COVID bonus described above.
Section 8.2 Shift Differential.
Effective upon ratification of this agreement,where a majority of an employee's regularly assigned
shift hours fall between 3:00 p.m.and 11:00 p.m.,the employee shall receive a shift differential
of forty five seventy-five cents($.7545)per hour,for of e ed--after-3 Ek4-p,m,
Effective C)+:itobor 1. 2_4=upon ra f!catio,. of this agreement,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 ;5.55) one dollar (S1.001 per hour for work performed-after
11:00 ) -
Effech.ye tl,on ratific ;:cr of this agreement. shiftdifferntrai sr o •d_te paid for ruqu;ar shifts
and shall not be applied to overtime.call-in.or standby hours worked or paid.
Section 8.3 Holidays. —(See Section 7.6)The following fourteen fifteen (4415)days shall be
considered as holidays but the City reserves the right to schedule work on the holidays:
New Years'Day,President's Day,Memorial Day,Juneteenth. Independence Day,
Labor Day, Veteran's Day, Thanksgiving Day, the day following Thanksgiving,
CWA-32
Page 881 of 1166
Christmas Day,Martin Luther King's Birthday, `_( i)floating holidays-
Employees shall become eligible for floating holidays and-the oinrlday hoi.1--y upon completing
six(6)months'continuous service with the City.
Section 8.4 Bereavement Leave. —Effective upon ratification of this Agreement lin case of
death in the immediate family of an employee,time off with straight-time pay will be allowed two
(2)scheduled work days off per death,three(3)scheduled work days off if the funeral is more
than 200 miles away,and four(4)scheduled work days off per death if the funeral is held
outside the State of Florida. The immediate family shall be defined as father,mother,husband,
wife,sister,brother,son,daughter,grandchild,grandfather,grandmother,mother-in-law,
father-in-law,stepfather,stepmother,stepson,stepdaughter,or domestic partner as defined in
the Domestic Partner Ordinance. Additional time off may be granted by the Department Head,
in writing,chargeable to the employee's accrued sick or vacation leave. In such circumstances
such additional sick leave shall not count against an employee for purposes of performance
evaluations.
Section 8.5 Rate of Pay When Working Out of Classification. -An employee may be required
to temporarily work out of his/her classification when directed by management. Temporarily is
defined as an employee who is clearly and definitely performing the principal duties in a higher
pay classification for more than one hour per day,and they shall not exceed 580 hours in a fiscal
year, and shall be paid as follows, except at the sole discretion of the City Manager or his/her
designee for Human Resources who may waive the 580 hour cap if in his/her judgment, it will
best serve the needs of the City service:
a) Out of class pay shall be distributed as equally as practicable among employees
in the same job classification in the same work section.
b) If he/she is temporarily working in a lower classification, he/she shall receive
his/her hourly rate in his/her regular classification. Employees will not be assigned
to lower classification work as punishment or to demean the employee.
c) If he/she is temporarily working for one or more consecutive hours in a higher
paying classification,he/she shall be paid an hourly rate of two dollars($2.00)per
hour to be added to the employee's straight-time rate of pay.
Employees being trained with on-site supervisory assistance in a bona-fide training program for
CWA-33
Page 882 of 1166
a higher paying classification will be paid their current rate in their regular classification during
such training time.
Section 8.6 Asphalt License Training and Certification. At the sole discretion of the Public
Works Director, qualifying employees shall be offered training to obtain an asphalt license
certification. The appropriate certification level for training shall be determined at the sole
discretion of the Public Works Director.
Section 8.7 Voting Time. Given the availability of alternatives such as absentee ballots and
early voting,the past practice of allowing paid time off for voting shall be discontinued.
Section 8.8 Meal Allowance. Effective upon ratification of this Agreement.an employee who
works three (3) consecutive hours or more of pre-shift or post-shift overtime shall be paid
$15.007.OU unless meals are provided by the City. Employees shall receive compensation within
three(3)months.
In the event employees are supplied with a meal while working the overtime hours, the meal
allowance,as provided under this Section,shall cease.
Section 8.9 Jury Duty. The City of Miami Beach shall permit employees either to keep payments
received from courts of competent jurisdiction for being on duty,or in the alternative,their standard
rate of pay,whichever is higher. For each day an employee is called to jury duty,he/she shall be
excused from work for such time as is necessary to complete jury duty services. If three(3)or
more hours are left in the employee's work shift upon release from jury duty,the employee shall
immediately contact his/her immediate supervisor for instruction.
Section 8.10 Tool Allowance. €t`eotive upx:ra4.fsai;on of firs ag ; n—Eemployees in those
classifications who are required to provide their own personal tools as part of the job duties shall
be entitled to an increase from $17.50 to $20.00 per pay period for the purchase of
new/replacement tools.
Section 8.11 Uniform Provision. Persons employed in all divisions,including the Public Safety
Communications Department(PSCD),who are compelled to wear City-issued uniforms shall be
provided with six(6)uniforms.
Effective upon ratification-of this Agrccrnent; Eemployees in Code Compliance shall be provided
with a Code Jacket.
Effective-upon ratification of this Agcccment, Administrative Aides and Clerical staff within the
CWA-34
Page 883 of 1166
Police department shall be provided with two(2)polo shirts.
Lifeguards and full-time pool guards shall be provided with one(1)sweat suit per year, and a
winter jacket every five(5) years. Six (6)long sleeved/short sleeved shirts or any combination
thereof shall be provided annually to Lifeguard I, II, Lieutenant, Pool Guard I, and II. Female
lifeguards and pool guards will be provided 6 swimsuits annually,or replaced as needed.
On a one-time basis only,all regular,full-time Lifeguard I,Lifeguard II and Lifeguard Lieutenants
shall be issued one (1) pair of dress pants, one (1) Class A shirt and one (1) badge. Lost,
damaged or stolen badges shall be replaced at the employee's expense. Worn dress uniforms
shall be replaced at the City's expense,but no sooner than once per year.
All uniforms(except the Class A dress uniforms for Lifeguards)shall be delivered to the
employees in the month of January of each year.
Sponsorship: In the event that the City enters into an agreement with any outside sponsor
concerning uniforms that may be issued to any employee(s)(but not necessarily all employees)
who are in the bargaining unit,these sponsored uniforms may be issued to satisfy the contractual
uniform obligations. No additional contract obligations concerning uniforms are hereby created
and such sponsored uniforms may be discontinued at any time by the City.
Section 8.12 Insurance.
a) Effective at the beginning of the first full health insurance plan year,or as soon as practicable,
after (and only if) this multi-year Agreement is ratified by both parties, the City shall offer
medical, dental, and life insurance benefit plans to full-time bargaining unit employees and
their legal dependents,as set forth in this section(a,b and c)during the term of this Agreement.
The City will continue to pay at least fifty percent (50%) of the premium cost for eligible
employees and their dependents. The City will offer alternative plans as options for
employees. The City may change insurance carriers and/or the scope and level of benefits in
any plan. The City also may change the percentage of premium cost paid by the City(i.e.,
provided that it remains at least 50%)from year to year for any one or more of the optional
plans available, depending upon the scope and level of benefits available in each of the
optional plans.
b) Employees in the bargaining unit shall be eligible to participate in the City's flexible and
CWA-35
•
Page 884 of 1166
voluntary benefits plans,which may be modified by the City from time to time. The flexible and
voluntary benefits plans shall be administered by the City.
Section 8.13 Pension. General Provisions: Should the actuary for the Miami Beach Employees'
Retirement Plan confirm that the City's actuarial required contribution is 23.5% of pensionable
payroll, then the additional two percent (2%) employee pension contribution levied for all •
bargaining unit members hired prior to November 27,2010 shall be eliminated. This confirmation
must be provided in writing through the annual actuarial valuation report provided by the actuary
for the Miami Beach Employees'Retirement Plan.
Effective upon ratification of the 2012-2015is Agreement on_,,y_?7_2013,for employees hired
prior to February 21, 1994, who participate in the MBERP, the employee pension contribution
shall increase by 2% of pensionable earnings, from 10% to 12% of pensionable earnings.
Effective upon ratification of the 2009-2012 Agreement on October 27.2010,for employees hired
on or after February 21,1994,who participate in the MBERP,the employee pension contribution
shall increase by 2%of pensionable earnings,from 8%to 10%of pensionable earnings.
Promoted employees may remain in Classified Plan.
The pension plan will provide that in a case where an employee who is thereafter promoted to a
position that is in the unclassified pension plan,the promoted employee may elect to stay in the
classified pension plan.
The Miami Beach Employees'Retirement Plan(MBERP)is the pension plan for CWA bargaining
unit members, except for those employees who previously elected to remain in the 401-A
retirement program(in lieu of participating in the City's pension plan). The current benefits and
member contributions provided by the MBERP shall remain in effect for the term of this
Agreement,except as follows:
10%Cap on Overtime for Plan Members Hired before February 21,1994
For those employees in the Miami Beach Employees'Retirement Plan(MBERP)who were hired
before February 21, 1994,overtime included in pensionable earnings received after the effective
date will be limited to a maximum of 10% above the employee's highest pensionable
compensation,if applicable each year. Upon reaching the 10%maximum cap within a fiscal year,
any additional overtime earnings in that year shall not be subject to the pension contribution.
Two Year Previous Service Purchase Option
CWA-36
Page 885 of 1166
The two year previous service purchase option shall be eliminated as of September 30,2013,for
all CWA bargaining unit employees. Elimination of the two year previous service purchase option
is subject to the agreement of a similar provision by at least one of the remaining two general
employee bargaining units that participate in the Miami Beach Employees Retirement Plan
(MBERP),in the terms of their respective successor collective bargaining agreements.
Partial Lump Sum Distribution
A member who retires under normal retirement(as that term is defined by the GERS)shall be
allowed to convert 25% of the actuarial value of his/her pension benefit into a lump sum
distribution. For example, if the normal retirement benefit is equal to $2,000 per month, the
member may either receive$2,000 per month or the combination of$1,500 per month plus a
single lump sum equal to the actuarial value of the other$500.
This lump sum option shall not be available to early retirees, disability retirees,or beneficiaries
receiving pre-retirement death benefits.
The lump sum shall be calculated using the same discount rate and mortality rates used in the
most recent Actuarial Valuation Report for the GERS.
Final Average Monthly Earnings(FAMEI
The City and Union agree to change the creditable service component of the formula for
calculation of the FAME for current members from two(2)highest paid years of creditable service
to the five(5)highest paid years of creditable service as described below:
a) For those employees who participate in the MBERP and are at normal retirement
age or are 24 months or less from normal retirement age,as defined by Ordinance
2006-3504 as amended, as of September 30, 2010, the Final Average Monthly
Earnings(FAME) is at one-twelfth (1/12) of the average annual earnings of the
employee during the two(2)highest paid years of creditable service.
b) For those employees who participate in the MBERP,and who are between 24 and
36 months from normal retirement age, as defined by Ordinance 2006-3504 as
amended,as of September 30,2010,the Final Average Monthly Earnings(FAME)
means one-twelfth(1/12)of the average annual earnings of the employee during
the three(3)highest paid years of creditable service.
CWA-37
Page 886 of 1166
c) For those employees who participate in the MBERP,and who are between 36 and
48 months from normal retirement age, as defined by Ordinance 2006-3504 as
amended,as of September 30,2010,the Final Average Monthly Earnings(FAME)
means one-twelfth(1/12)of the average annual earnings of the employee during
the four(4)highest paid years of creditable service.
d) For those employees who participate in the MBERP, and who are more than 48
months from normal retirement age, as defined by Ordinance 2006-3504 as
amended,as of September 30,2010,the Final Average Monthly Earnings(FAME)
means one-twelfth(1/12)of the average annual earnings of the employee during
the five(5)highest paid years of creditable service.
Deferred Retirement Option Plan(DROP)
Subject to actuarial verification that extending-tie DROP period-for-employees hired-prior to
ratification of the 2009-2-312 Collective Bargaining-Agreement does not-result in an increased cost
to the04y- effective July-1--2013. Aell current and future employees participating in the DROP
shall be entitled to participate in the DROP for a maximum period not to exceed 60 months in
total. Any employee who previously executed a form entitling him or her to enter the DROP—for a
period of less than(sixty}60 months in total shall be given a one-time irrevocable election.within
30oalea4ar-dayo.frowi the effective date of-4t?e- ,fo m+ag-C,ty-erdinance Dolei?d!!Ig h0 DROP
period as sue.forth her c:in to excr r to- • form „ irna his or her DROP eci 0
fiKinths no total
Pe -a4 fication of ennt any employee pr000ntiy in the-DROP lirh c DROP
;vc<:ld end af.cr July 1. 2013. :.ut he`ore . date of the.rgreemcnt or ef`..ctivo
date cfnar..tm:.at..ri th e C:t .d., . snag he ent•t'cA to-0+1\1.77 i; the
DROP progr;irrr uetii the earner of cuch tame aethe employee exacutes a hey:form with.a reviced
DROP separation date..or 30 calendar days following the effective date of a conforming-Eity
ordinance-implementing the-DROP extension provided herein
Noting the foregoing. nothing herein shall preclude an employee who is presently
participating in the DROP from their continued active employment and termination of employment
in accordance with their original DROP separation date.
CWA-38
Page 887 of 1166
Bargaining Unit Members hired on or after the ratification of the 2009-2012 CWA Collective
Bargaining Agreement
The current benefits and member contributions provided by the MBERP shall remain in effect for
employees hired on or after the ratification of the 2009-2012 CWA Collective Bargaining
Agreement on October 27,2010,except as follows:
1) The normal retirement date is age 55 with at least thirty(30)years of creditable
service,or age 62 with at least five(5)years of creditable service.
2) The early retirement date is the date on which the member's age plus years of
creditable service equal 75,with a minimum age of 55.
3) The Final Average Monthly Earnings(FAME)shall be an average of the highest
five(5)years of employment.
4) The benefit multiplier shall be two and one half percent(2.5%)multiplied by the
member's years of creditable service, subject to a maximum of 80% of the
member's FAME.
5) The retiree Cost of Living Adjustment (COLA)will be one and one half percent
(1.5%)per year,with the first adjustment deferred to one(1)year after the end of
the Deferred Retirement Option Plan(DROP).
6) The employee contribution will be 10%of salary.
7) The standard form of benefit is a lifetime annuity.
8) Members who separate from City employment with five (5) or more years of
creditable service but prior to the normal or early retirement date shall be eligible
to receive a normal retirement benefit at age 62.
Reduction in Vesting Requirement for Employees Hired On or After February 21.1994
The minimum vesting requirement for pension plan members hired on or after February 21,1994,
is 5 years of service.
Reduction in Normal Retirement Aqe for Employees Hired On or After February 21.1994
The normal retirement age for pension plan members is as follows:
• For members hired prior to February 21,1994,the normal retirement age is 50.
• For members hired on or after February 21, 1994 but prior to September 30, 2010,the
normal retirement age is age 55.
CWA-39
Page 888 of 1166
• For members hired on or after September 30,2010,the normal retirement age is 62.
Other Requirements and Conditions
In order to be eligible for each of the above pension benefits,each employee must be actively
employed on the effective date of the benefit and must thereafter retire. All of the foregoing
pension changes shall apply prospectively,not retroactively. All other provisions of the MBERP
plan not specifically addressed in this Agreement shall remain unchanged.
Retiree Health Insurance
a) The parties agree that any bargaining unit member who previously elected or who elects
to participate in the 401-A retirement program(in lieu of participating in the City's pension
plan) shall be required to work at least ten (10)years before becoming eligible for any
retiree health benefits from the City.
b) The parties agree that any bargaining unit member who is eligible for retiree health
benefits from the City must make a one-time irrevocable election to continue receipt of
health benefits via the City's plan at the time that the employee terminates City
employment. The parties also agree that if a member initially elects to continue under City
health insurance,but thereafter discontinues or is discontinued from such coverage,then
the retiree may resume coverage only at their own expense, without any employer
contribution whatsoever. .
c) Employees hired on or after February 2,2006,will be entitled to a City contribution against
the cost of continued health insurance coverage in the City's health insurance plan after
retirement (or separation) from City employment, as set forth in this section. Any
employee hired on or after this t_.s•2003-2006 Agreement ratified on December 7 2005,
who then remains employed until reaching eligibility for normal retirement,and who elects
to continue insurance coverage under the City's health plan,shall upon receipt of normal
retirement benefits also receive an additional separate supplemental monthly stipend
payment in the initial amount of$10.00 per year of credited service,up to a maximum of
$250.00 per month until age 65,and$5.00 per year of credited service up to a maximum
of$125.00 per month thereafter.There shall be no other City contribution toward the cost
of continued health insurance coverage for such employees and this benefit shall be paid
only during the life of the retiree.
Section 8.14 Vacation Benefits. Consistent with applicable ordinances,the vacation benefits
CWA-40
Page 889 of 1166
enjoyed presently by the employees covered by this Agreement shall continue.
Section 8.15 Sick and Vacation Leave Accrual and Maximum Payment on Termination.
a) Employees shall be entitled to twelve paid days a year due to illness for themselves or
family members.
b) The present policy concerning sick leave,including the policy for payment of accrued sick
and vacation time combined, up to a maximum of one year's salary, upon termination, •
retirement,or death,shall continue for all employees hired before October 1,1978.
c) All employees hired after October 1, 1978 shall, under applicable ordinances,rules,and
regulations shall be allowed to accrue no more than 500 vacation hours effective October
1,2006,and except in accordance with provisions for postponement of vacation leave as
set forth in Article 8.14 of this Agreement;be permitted to transfer sick leave in excess of
360 hours to vacation leave at the rate of two days'sick leave to one day vacation leave
to be used in the pay period year when transferred;be permitted a maximum payment at
time of termination, death, or retirement of no more than 620 hours.(effective upon
ratification of this agreement)vacation leave and one half of sick leave to a maximum of
600 hours.
CWA-41
Page 890 of 1166
Section 8.16 Public Safety.
1.Public Safety Communications Department(PSCD)
a) Upon being certified by the Public Safety Communications Division (PSCD) as being fully
qualified to dispatch both Police and Fire calls,a Dispatcher will receive a three six percent(36%)
premium pay while assigned to PSCD. (i dual dicpatch
premium wit incl oc c to 6'%. This dual dispatch premium of 6%will not count towards calculating
retirement pension benefits. The City can require employees to dispatch both Police and Fire
calls. However,an employee hired before September of 1995 who is not already trained in both
police and fire calls as of the April 8,2002,can continue to dispatch either fire or police calls;
b) Effective upon ratification of this Agreement. Dispatchers, Communication Operators, and
Complaint Operator-ii-s who are designated as certified training officers(CTOs)will receive three
two dollars per hour for all hours worked in a training capacity.All employees who express an
interest and whose last performance evaluation was satisfactory shall be considered eligible for
certification as a CTO.Generally,an employee without CTO certification shall not be required to
perform in a training capacity unless a CTO is not available.However,if a Non-CTO is mandated
to train,he/she will also receive the stipend.
c)Communications Operators, Complaint Operators, and Dispatchers hired after ratification of
this agreement will receive a three percent(3%)salary increase after completing both one(1)
year of satisfactory employment(with an overall evaluation score of 3 or above)and a satisfactory
probationary period, and after attaining the State of Florida Department of Health 911 Public
Safety Telecommunicator Certificate.
Currant Commkinidations Operators. Complaint Cper. k+ire4 on or after
-i:-u!uary 2017 and on or before Scpternbc4-2017 wit rcceivo-a-^ne t me ` '-
iron the date:of-ratificai@on and aftcr meeting this same criteria
This three percent(3%)salary increase will not apply to Communications Operators,Complaint
Operators,or Dispatchers hired after ratification-of-this agreement•er-witnin this timeframe-who
did not start at the beginning of the salary range,-er-te-employees who had a salary adjustment.
d)Communications Operators,Complaint Operators,and Dispatchers hired on or after daaua':y
2047 and on or before September 2017 will receive a one-time four percent(4%)salary increase
after completing three(3)years of satisfactory employment(with an overall evaluation score of 3
or above)and after attaining and maintaining the State of Florida Department of Health 911 Public
CWA-42
Page 891 of 1166
Safety Telecommunicator Certificate-. :.: e•i> +r r^_,iijn o=tr-,s
GuTrent Conlli'D.inicjt{On5 Operators Coa}4jnt-Operators. end Dr-spatchers hired on or before
December 2016 and who are not maxed out within their saiary.ranoe w;ii ro:eve a-a e-b e4-A:
in�rta_c effect;ve uror the date of ra if;cat on.
This four percent(4%)salary increase will not apply to Communications Operators, Complaint
Operators, or Dispatchers hired after re4 o^t as ^r who started at 10%or more
above the minimum of their initial salary range,or to employees who had a salary adjustment of
more than 10%.
e) Accreditation Performance Incentive — Effective upon ratification of this Agreement,
Communication Operators, Complaint Operators, and Dispatchers will receive $750500 every
three-months(quarterly)while assigned to PSCD as long as:
1)the employee maintains call-taking monthly average case evaluation compliance levels
at or above current prevailing International Academies of Emergency Dispatch (IAED)
accreditation levels.The above current IAED accreditation levels must be accomplished in each
discipline separately,Emergency Police Dispatch(EPD),Emergency Medical Dispatch(EMD),or
Emergency Fire Dispatch(EFD),for the previous three-months(quarter).
2)the employee also must have collectively processed in the previous three-months a
minimum of one-hundred (100) EPD, EMD, or EFD calls for service in order to be eligible to
receive the$75060o incentive payment.
For example, a Communications Operator, Complaint Operator, or Dispatcher that processed
within a three-month period (quarter) a minimum of forty (40) EPD calls that averaged case
evaluation compliance levels at or above current IAED accreditation levels,a minimum of thirty
(30) EMD calls that averaged case evaluation compliance levels at or above current IAED
accreditation levels, and a minimum of thirty (30) EMD calls that averaged case evaluation
compliance levels at or above current IAED accreditation levels is eligible to receive a$75O.0O
incentive payment for the previous three-month(quarter)period.
The quarterly$750500.00 Accreditation Performance Incentive will begin on the first month of the
first full yearly quarter (three-month) immediately following ratification of this agreement. The
$750500.00 Accreditation Performance Incentive will not count towards calculating retirement
CWA-43
Page 892 of 1166
pension benefits. •
A report will be generated by Public Safety Communications Division personnel no later than thirty
days after the end of the previous quarter (three-months) to indicate which Communication
Operator, Complaint Operator, and Dispatcher qualified for the$750500 incentive payment for
the previous three(3)months(quarter).
This section is not dependent on the City's accreditation.
f)Range changes-
Dispatchers — Effective upon ratification of this agreement,the_pay grade for Dispatchers will
change from H27 to H28.
Communication Operators — Effective I�Cn ratification of this agreement. the pay grade for
Communication Operators will chance from H25 to H26.
Complaint Operators—Effective upon ratification of this agreement.the pay grade for Complaint
Qeerators will change from H26 to H27.
2.Police
Crime A+nal„^t es;a4st—Ef;ecti ratification th.. I cpoy grade fog
Crime/'.co'yct SpocL;. .tir rt-sktcfnge-f+E:m-1-120
23.Pool Guards
a) WSI Certification—Effective upon ratification of this agreement,WSI certified Pool Guards
will be paid$6 1.300 per year.
aab) Effective upon ratification of this Agreement. a one year minimum as a full-time
Pool Guard I with the City of Miami Beach is required in order to be eiioible to apply for
Pool Guard 11.
34.Marine Pay
a) Effective.a .otificat of ff e , e eFit Aany qualified Ocean Rescue employee shall
receive assignment pay for hours worked on the Ocean Rescue Emergency Vessel at the
CWA-44
Page 893 of 1166
rate of one dollar($1.00)an hour Fff: .t,ve upori ratification of this 1,groierrient.
5.Ocean Rescue
Effective upo re•itific:,tiofi of fibs Agreement of Vt_touer 1.2019. hie-
wade fo; the Li4eitt:.4-1'i-f-iT..t .. _ ._. ccrri HE2 ... f 5:• _ sa!='i:'y fy:_ide foi i ifeg ia± ii
increase fiorn H56 to H58. the ga;c.',v g!aUe-j -g aiEi Lie tenant 1'e!li ificiease fiorti H=i to
Ho0.
T<tcr[: ..':'r. ttf. ..li. . .'i:::f43ij 2!'122: - pay far ricumcerts'.tho'.a'+!
the f-aeig.e-t•,., - - ++:��♦;. - �!. .,r or} - '"i%tiiitii:it:i:iie. i tir.•:Q
_ e !fifes
Section 8.17 Enforcement
1.Code Compliance
a)The City will send Code Compliance Officer I employees to"FACE Level 1"training
and, if certified, to "FACE Level 2" training within the first 18 months of employment.
Employees who successfully complete both trainings will be promoted to Code
Compliance Officer II after 30 months of continuous employment as a Code Compliance
Officer I.
frr Effes.t•'ve opor r%ifnccatron of.tius-a-ortmcnt. ode Compi an_e Office, I pay range will
;:ip.u,_:±+r<i:c:. `fort: i 12f to 1 i27. Efj-,01:c ,:act' rat,,.do o of thw accc::'+;i;at ;4;ry :ocie
Corn .:ancc. Offico.r
I _rnpc`,ee whose pay is lass than the r127 min-mum vat: ._..f!•vfE 3
e iy-;=•. o ici;40.41 a-4 [:i.rt?nh—niiiX:. 1 t.f c3' ri:R Errt ::. `a . S'
;i!':'::i?1r.(i :UE f-•r;:.cis•hFi�! 2017.
gpon. et tr s ag'a'=re.^.t. _c ie L'_•!•p.o:� : _l�`;"r.':i i4 ftir;:;:::yh.r.•tl
i4e4,;Lt'r._aseiti ff:o;n 't-i-26.to H31. E41+_�.ti & pc .ui4f!cat c cf th. ri'ai-.::... .:aa—: -.
i riii`.pinya- whose ray-is less than the H'e.
.r...y.,. 'r i { lr - n Th s e.i::.o c !I ..r::,. ya-y
t�a�ili:. .. x ti: tie ..1 r..�i�'3!e.�. ._ 'fF.e�it�:
awarded for Fi.sca' Year 2017.
04) Effective upon ratification of this agreement. Code Compliance Officer I and Code
Compliance Officer II who are designated by the Code Compliance Director as'certified
training officers shall receive two($2)dollars per hour for all hours worked in a training
capacity.All employees who express an interest and whose last performance evaluation
was satisfactory shall be considered eligible for certification as a CTO. Generally, an
CWA-45
Page 894 of 1166
employee without CTO certification shall not be required to perform in a training capacity
unless CTO is not available.However,if a non-CTO is mandated to train,he/she will also
receive the stipend.
2.Parking Department
a)Effect this Agreement-or--Orr s first,
the salary grade for Parking-€nforcement Officer I will inc-r,acc from H22•te-i124:the salary
grade for Parking Dispatchers will increase from H24 to H25.
There will be-no immediate change in pay for uicumbents who will cont4nue to advance
through the-range based on merit increases at the t,me-of their normal performance
evaluation date.There will only be a change-in their salary ranges
ba)Effective upon ratification of this Agreement.Tthe Parking Director or his/her designee
shall designate a Parking Enforcement Specialist(PES)to enforce Right of Way(ROW)
along with other approved duties. For Shift 2 there will be three(3)PES assigned to the
detail;one in the South,one in the Middle, and one in the North zone. For Shift 3 there
will be three(3)PES assigned to the detail;one in the South,one in the Middle,and one
in the North zone.Shift 4 and Shift 1 will have one(1)City wide PES to enforce the ROW
in all three zones.The assigned PES will be compensated at an additional compensation
• of$2.00 per hour.The assignment will rotate among all full-time PES by seniority.
eb)Parking Enforcement Officer I and Parking Enforcement Officer II who are designated
by the Parking Director as certified training officers shall receive two($2)dollars per hour
for all hours worked in a training capacity. All employees who express an interest and
whose last performance evaluation was satisfactory shall be considered eligible for
certification as a CTO. Generally, an employee without CTO certification shall not be
required to perform in a training capacity unless CTO is not available. However,if a non-
CTO is mandated to train,he/she will also receive the stipend.
Section 8.18 Perfect Attendance Bonus. Employees who perform the full scope of their
regularly assigned classification for each fiscal year shall receive a lump sum bonus of$300.00
(non-pensionable earnings)provided that they have not used sick leave or been absent for any
reason that was not authorized at least 48 hours in advance. An employee will also be allowed
two(2)incidents of tardiness and one(1)emergency vacation. Employees out on ISC will not be
eligible for the perfect attendance bonus. Religious/Sick and Bereavement/Sick shall not be
CWA-46
Page 895 of 1166
•
counted against employees under this section.
Section 8.19 Lead Person. An employee in the Carpenter, Electrician, Painter, Plumber, and
Air Conditioning Mechanic positions in the Property Management Division will receive a five
percent(5%)supplement for Lead pay if the following conditions are met:
a) The employee is in charge of a construction project,
b) The construction project consists of four(4)or more employees,
c) The Lead Person will have three(3)years of experience in his/her position with
the City of Miami Beach,
d) The Lead Person will have most recent three(3)years of performance appraisals
of 75 or above.
Section 8.20 Union Conventions. Two(2)delegates of the Union will be granted a leave of
absence with pay,not to exceed two(2)weeks in any one year,for the purpose of attending State
and International conventions. The Union will provide the City with the name(s)of the delegate(s)
and provide the dates and locations of any such conventions for which a leave of absence is
requested six (6) weeks in advance of the convention so that the department can make
appropriate arrangements. This time shall not be deducted from the Union time bank.
Section 8.21 Orientation. The union shall have the right to send two of the four designated
Union representatives, authorized with pay pursuant to the Union Time Bank for time he/she
would have otherwise been working to attend and participate in new employee orientation
conducted by Labor Relations and Human Resources where bargaining unit members are
present.
Section 8.22 Educational Leave and Tuition Reimbursement. The City's tuition
reimbursement program shall be continued for the term of this Agreement.
Section 8.23 Property Management License(s) Maintenance — (Required continuing
education/certification for current position)Employees in the Property Management Division who
in order to maintain their licenses as required in their job descriptions, and have to attend
continuing education classes shall be paid their straight hourly wages for all required hours up to
20 hours a year:provided that no additional pay shall be made to the employees if the training is
provided by the City during regular work hours. Any hours spent attending training under this
section shall count as hours worked.
CWA-47
Page 896 of 1166
Section 8.24 EMT Certification.
Those employees hired on or after September 30,2011, shall be required to have and maintain
an Emergency Medical Technician(EMT)certification issued by the State of Florida prior to being
hired by the City of Miami Beach.
Effective upon ratification of this Agreement,all Lifeguard I,Lifeguard II and Lifeguard Lieutenants
employees who have and maintain an(EMT)certification issued by the State of Florida shall be
entitled to receive a eight percent (S) cix percent %)EMT Certification Pay supplement
(pensionable)calculated on their base pay.
Pool guards who were receiving an EMT certification Pay supplement on September 29, 2012,
shall continue to be eligible to receive the equivalent dollar value of the amount that they were
receiving for said EMT Pay supplement.
Section 8.25 Paid Parental Leave.Effective upon ratification of this,^.greement,-Tthe City's
current paid parental leave program will be available to bargaining unit members.
Section 8.26 Hazardous Duty Pay.Effective upon ratification of this Agreement,all Ocean
Rescue,Lifeguard I,Lifeguard II,and Lifeguard Lieutenants will receive seventy-five fifty dollars
($f 975.00)biweekly,non-pensionable,for hazardous duty pay.
Section 8.27 Light Duty. Effective::,py ;o of t:rs.'.ar:cmcnt.Tthe City will agree to
allow requests for temporary light auty.Approval is needed from the Department Director and
Human Resources Director.Consideration for reasonable accommodation will be given based
on the need for alternate work by the department or other department of the City;skills,
knowledge and abilities of the requestor and duration of the need for light duty. Management
will have sole and exclusive authority to grant light duty requests and union agrees denial or
modification of requests will not be grievable and may not be challenged in any forum.
Section 8.28 Second Language Pay.Effective upon ratification of this Agreement.employees
from PSCD.Code Compliance and the Property and Evidence Unit within the Police
Department ‘who are conversationally proficient in a second of the following languages:
Spanish. Creole. Portuguese. Hebrew. French. Russian. German.Cantonese.Mandarin.
Italian. Czech.Korean.or American Sign Language:shall be eligible to receive second
CWA-48
Page 897 of 1166
•
!:;.-, aLiagepas c.-.1t.ial their heckiv base tr'an
employee obt.aining a ratipg of level 9 cri ea:jag and
test administered by ALIA Service. Inc.via telephc-le and_pro.ctored by the Police
ninistraticiil The test ii.ay be schi:ickiled with at:east 7 i:vo:',;days'ncitii.Nsi to the Police
Adwinistrati•Jn.The erria:oyee'MN bear t,le cost or i)a)lnt.1 fo; tht-;:rest The employee
sub;ect to reQualification for the pay supplement every 5 years.Second languaoe pay shall not
be considered as pensionable earnings if ALTA Language Eivices. Inc.ro.lonoer administers
:he type s of tests.there be re-opener in older for the city.with Union irpiit.to select a new
testing se vices provider
CWA-49
Page 898 of 1166
•
ARTICLE 9
GENERAL PROVISIONS
Section 9.1 Discrimination. -In accordance with applicable federal,state, and local law, the
City and the Union agree not to discriminate against any employee on the basis of race, creed,
color, religion, disability, sex, national origin, age, sexual orientation, marital status or political
beliefs.
Section 9.2 Meetings Between Parties. -At the reasonable request of either party,the Union
President, or his/her representative, and the City Manager's designee for Labor Relations, or
his/her representative, shall meet at a mutually agreed time and place to discuss matters of
concern. Whenever time permits,the party requesting the meeting shall submit written notice of
the subject matter to be discussed. Such notice shall be submitted one week in advance of the
proposed meeting date. Whenever the Union President, or his/her representative, makes
suggestions or recommendations to the City Manager, or his/her designee for Labor Relations,
specifically concerning productivity of job safety,the City Manager,or his/her designee for Labor
Relations,will respond as appropriate.
Section 9.3 Reduction in Work Force. -When there is a reduction in the work force,employees
will be laid off in accordance with their length of service and their ability to perform the work
available. When two or more employees have similar ability,the employee with the least amount
of service will be the first one to be laid off.
Section 9.4 Work Rules. -The City will provide the Union with a copy of any written rules that
are instituted or modified during the term of this Agreement affecting employees in the bargaining
unit. In the event the City desires to alter, amend, or modify existing written work rules, or
promulgate new written work rules,the proposed changes will be submitted for review to a joint
labor/management committee. The City shall have two(2)representatives and the Union shall
have two(2) representatives on this committee,which will make recommendations to the City
Manager. The proposed changes shall not become effective until a final decision of the City
Manager has been rendered. No Personnel Rule, Work Rule or any other rule, or application
thereof shall in any manner conflict with any provisions of this agreement,and such rules shall be
reasonable.
CWA-50
Page 899 of 1166
Section 9.5 Probationary Employees. -A probationary employee who is dismissed without
cause shall have the right to discuss with the appointing officer the reasons for such dismissal at
a mutually agreed to time. Following such meeting,a probationary employee,if he/she so desires,
shall have the right to further review the reasons for such dismissal with the City Manager or
his/her designated designee for Labor Relations at a mutually agreed to time. It is expressly
understood, however,that the appointing officer retains the exclusive discretion with respect to
the retention or dismissal of probationary employees.
Periods of absence shall cause the probationary period to be extended for an equal amount of
time. At the request of the appointing authority,the City Manager,or his/her designee for Human
Resources may extend the probationary period for up to three(3)additional months provided that
the reasons for extension are given to the employee in advance of the expiration of the initial
probationary period. The City acknowledges the importance of giving timely performance
appraisals and feedback to probationary employees.
Section 9.6 "Temporary Employees". - The City shall have the unrestricted right to hire
"temporary"employees in the bargaining unit.
Such"temporary"employees shall be paid at rates set in the sole discretion of management.
"Temporary" employees may not work in a classification wherein a permanent Civil Service
employee is laid off. "Temporary"employees shall not be covered by Civil Service or Personnel
Board Rules,and they shall serve at the will of their employer without right of appeal or access to
the grievance procedure contained herein, and they shall not receive any fringe benefits or
pension benefits. Terminated"temporary"employees may be re-hired if their separation is under
honorable circumstances.
Regarding temporary positions,it is understood that those positions were not limited to,but could
be used to develop a cadre of employees who,on short notice,could serve as backup for regular
employees or for such things as vacancies caused by absences due to maternity,military leave,
sick leave,off-duty injury,on-duty injury,and work overload. The examples cited herein are not
meant to be all inclusive.
It is further recognized that employees who retire"in good standing"who may be interested in
working on a temporary,part-time basis,and should temporary work become available,the retired
employees will have the opportunity to make application for one of the temporary positions. Such
CWA-51
Page 900 of 1166
part-time positions shall not be covered by Civil Service rules or regulations, will have no fringe
or pension benefits, and the salary shall be at a rate determined by the City. Further, the
temporary employees shall not have a choice of picking schedules, but will be assigned by the
City's management on an as needed,when needed,basis.
Section 9.7 Political Activities of Employees. -Except as provided by State law and City of
Miami Beach Personnel Rule 1,(b),the City shall not make,adopt or enforce any rule,regulation
or policy;
a) Forbidding or preventing employees from engaging or participating in politics
or from becoming candidates for public office;
b) Controlling or directing or tending to control or direct the political activities or
affiliations of employees.
It is understood that no political activities may be conducted by unit members during the
employee's scheduled work day.
Section 9.8 Safety. -The City agrees to provide, at no cost to the employee,any appropriate
safety equipment required to be worn or otherwise utilized by the employee. This shall include
such items as hard hats,gloves,etc. Those employees issued such equipment will be responsible
for such safety equipment, and any loss or damage due to the neglect of the employee may
require the employee to pay for the replacement of said City-issued equipment.
a) The City agrees to provide,upon request,up-to-date,non-glare screens for
computer terminals.
b) The City shall evaluate and provide, upon request,a wrist rest,which will
help alleviate the stress upon the hands and arms of those employees
performing repetitive motion, to all persons who type more than 50% of
their workday.
c) The City shall provide in each lifeguard stand a modem voice amplifier
(bullhorn)to be used in providing safety.
d) The City will agree to provide safety training to all Parking Enforcement
employees as deemed appropriate by the City and Union.
CWA-52
Page 901 of 1166
e) The Union is encouraged to have its members volunteer to serve on the
Department Safety Committees that are being organized in each City
Department. The bargaining unit member serving on the City's Safety
Committees will not suffer any loss of benefits or wages for attendance at
regularly scheduled meetings during regular scheduled work time. No
overtime will be paid for attendance at such meetings.
f) If there is a central,Citywide Safety Committee,the Union's President may
be a member if he/she so requests.
g) Upon request by an employee, the City Manager's designee for Risk
Management shall audit the employees' work environment for correct
ergonomic functionality and shall make reasonable and appropriate
corrections.
Those employees issued such equipment will be responsible for such safety equipment,and any
loss or damage due to the neglect of the employee may require the employee to pay for the
replacement of said City-issued equipment.
Section 9.9 Parking. -The City shall provide seventeen(17)parking spaces at a lot comparable
to Lot 11 for the exclusive use of on-duty Lifeguards. Such parking spaces shall be clearly
marked. This Section may become moot if the Lifeguards are able to work out a reporting system
that would allow them to proceed directly by their private vehicles to their respective lifeguard
stands.
Section 9.10 Glasses and Hats. —Effu�4wc pc444a44ea?4ewef4hi re:unt—Tthe City agrees
to reimburse Lifeguards;Pool Guards I and II;Code Compliance Officers I,II,and Administrators;
and Parking Enforcement Specialist I and II for the purchase and/or repair of sunglasses up to a
maximum allowable reimbursement of$$125.00 per employee in each fiscal year.
In order to be reimbursed,the employee must request a reimbursement,in writing,and attach a
store receipt reflecting such purchase and/or repair.
Section 9.11 Notification in the Event of Transfer or Contracting Out. - When the City
contemplates entering into a contract with an outside supplier or service agency to perform
services presently being performed by the Bargaining Unit employees and such contract shall
result in the lay-off of any bargaining unit employee, the City agrees that it will, upon written
CWA-53
Page 902 of 1166
•
request, meet and discuss with the representatives of the Union the effect of such contract upon
members of the Bargaining Unit.
If the City enters into such a Contract and,as a result thereof,an employee will be laid off,the
City agrees to ask the Contractor to provide first consideration for such employee for any available
work.
In the event that the employee is not employed by the Contractor,the City will offer such employee
another available job with the City,if there is a budgeted vacancy and the employee affected by
the subcontracting is qualified to perform. Questions of qualification to perform the job duties
shall be decided in the sole discretion of the City Manager, or his/her designee for Human
Resources.
If there are no jobs available,the Reduction in Force provision contained in this Agreement shall
apply, provided that such laid-off employee shall be recalled to work before the City hires new,
permanent employee to perform the work of the classification held by the employee at the time of
the layoff.
This recall right shall exist for up to the individual's total service time with the City, but not to
exceed one(1)year after the date of the person's layoff date,but such recall right shall cease as
of one(1)year after layoff,or if the employee does not return to work as scheduled if he/she is
offered a recall notice prior to the one(1)year.
It shall be the responsibility of the laid-off employee to notify the Human Resources Department
when technical skills, training, and experience have been enhanced during the lay-off period,
which may allow the individual to apply for another bargaining unit job with the City.
Nothing in this Section will be construed to limit the Union's right to'bargain concerning the
identified impact or effects of subcontracting out or transferring upon Bargaining Unit members.
Section 9.12 Stress Reduction/Police Department's Public Safety Communications Unit-
Those employees covered by this Agreement who work in the Miami Beach Police Department
Communications Unit,will be given a stress reduction training program provided by the City. Such
stress training will be a one-day stress seminar as given to sworn officers.
Section 9.13 Bulletin Boards-The Union may, at its own expense, place a bulletin board in
CWA-54
Page 903 of 1166
•
each department,not to exceed approximately three feet by two feet(3'x 2')in size. The Bulletin •
Boards shall be used for posting the following notices only:
a) Notices of Union Meetings.
b) Notices of Union Elections.
c) Reports of Union Committees.
d) Recreational and Social Affairs of the Union.
e) Any material of informational nature related to CWA.
Prior to posting,the material as described above shall be signed by an elected officer of the Union
and submitted to the City Manager's designee for Labor Relations,for signature.
Materials, notices or announcements which contain anything political or controversial that might
reflect upon the City,any of its employees,or any other labor organizations among its employees,
or any materials, notices,or announcements which violate any of the provisions of this Section,
shall not be posted.
Any materials that are posted which are not in conformance with this Section may be removed at •
the discretion of the City.
Section 9.14 Seniority
€ffe ctiY-t,pion r3tif;oa'3r of th e^.c tt et-Sseniority-..; all CVIA employees shall be measured
by the most iecent f:' time date of employmeiit with the City ie`g h(if f. '-:H}r?
def:4;orir�yr� except:
•__F rthese members::hose most recent full-time date of employment is the s.•lie llr.'ty'
ill be determined by the most recent f-,il-time date within the deoartmei.. aricl
• 1-pi those members whose most rH(r,,!:?t full-time date of employment and most reilen'tUll-
time department date are the same.seniority shall be determined by the hiaiier score on
the eligibility list.
• For those members whose most repent full-time '-t
date of employment r_lt;;Stf CCeI'_
department date. and eligibility list sit; is are the same. or where Iwo oec i- ore not on
the Same eligibility -St. at where the no longer exists se rity
determined be ttotalccrvioe hours to date with the City.
• For those members-p!t+;oe-`_i on the same date. Seniority will .:-f}aecm.iied by date of
era i'iiiyme- :and
•
CWA-55
Page 904 of 1166
r`n;tare whose p-crr,ot:n da4e•-ara dote of c^ploy^.-cn'. _. c thz
seer;o:i y sha;4 be d e erm ned by the hirer score on tt --elt bll t'v'list.
• For those members whose..p ornat'an date. date-of employment and eligibii'iy list!•cores
are the sane.senionty shall be determined by total send oe-ho.4rs to date(vitl•!the C!ty.
When vacations are scheduled,permanent vacancies or shifts are filled,promotions are made to
a position within the bargaining unit,seniority shall apply when all other factors are equal.
The definition of seniority herein shall replace any prior definition(si applications of seniority.
Seniority will not apply in an emergency.
Section 9.15 Shoes.
Safety Shoes-Employees in the following job classifications will be required to wear safety shoes
during all working hours. Effective October 1,2013,and each October thereafter,a safety shoe
certificate will be provided to those employees in the following job classifications for the purchase
of safety shoes meeting ASTM F2413-05 Federal Safety Standards.
Employees in the following classifications will make their safety shoe selection from a list of safety
shoes, which will be developed by the Shoe Safety Committee comprised of two (2) Union
representatives and two(2)Management representatives.
Air Conditioning Mechanic Engineering Assistant I,II,Ill
• Building Inspector Mason
Carpenter Masonry Helper
Carpenter II Mechanical Inspector
CIP Inspectors Painter
Coin Room Money Handler Parking Meter Technician I,II
Electrical Inspector Plumber
Electrician Plumber Inspector
Elevator Inspector
Reporting to work without the required safety shoes shall result in the employee being sent home
without pay,immediately,for the balance of the day and may result in disciplinary action.
Uniform Shoes—Effective October 1,2013,and each October thereafter,a shoe certificate will
be provided to those employees in the following job classifications for the purchase of shoes.
Those employees in the following classifications will make their shoe selection from a list of shoes,
which will be developed by the Shoe Safety Committee comprised of two (2) Union
CWA-56
Page 905 of 1166
representatives and two(2)Management representatives.
Code Compliance Administrator Dispatcher Trainee
Communications Operator Parking Enforcement Specialist I
Complaint Operator II Parking Enforcement Specialist II
Crime Scene Technician I Property Evidence Technician I
Crime Scene Technician II Property Evidence Technician II
Code Compliance Officer I&II Public Safety Specialist
Dispatcher
Reporting to work without the required uniform shoes shall result in the employee being sent
home without pay,immediately,for the balance of the day and may result in disciplinary action.
Section 9.16 Labor/Management Committee. -There shall be a four(4)member
labor/management committee with two(2)members each appointed by the CWA President and
the City Manager or his/her designee for Labor Relations. The committee shall meet at mutually
agreed times to discuss matters of common interest such as critical incident debriefing,
absenteeism control,etc. The labor/management committee is not a forum for collective
bargaining or resolving specific grievances. Labor Management Committee meetings shall not
count against the Union Time Bank.
Section 9.17 Promotions. - Effective upon ratification of this Agreement when there is a
promotion in employment status from a CWA bargaining position in a lower classification to a
CWA bargaining position in a higher classification.the promotional rate will be 10%. provided that
the salary is within the new rame. Within 120 days of the date the Agreement-is ratified by-itie
City-- 1.:?-Laeor-lythanageme Comm;tie.,-: still meet to diOcu.;s reloctiori piOcedures retot:ve to
promotions of bargaining unit employees to other bargaining unit positions.
Section 9.18 Beach Patrol Promotions. -The parties agree as follows:
1) To be eligible,applicants must possess at the time of application,and maintain,the Florida
Emergency Medical Technician(EMT)Certification.
2) Eligible applicants for promotional exams shall be given a written examination.
3) Lifeguards must have passed their last bi-annual swim test of 550 yards under 10 minutes
in order to apply for the promotional exam.
4) Applicants must have received at least a satisfactory evaluation in each element of their
CWA-57
Page 906 of 1166
most recent performance review to be eligible to take the promotional examination.
5) The written tests shall be developed under the direction of Human Resources. The
reading list for examination materials from which the questions are drawn will be set by
the City Manager's designee for Human Resources after consultation with the Department
Director and the Union. Any reading lists will be posted at least thirty(30)days prior to
the administration of such tests. A copy of an examinee's graded answer sheet shall be
furnished to the examinee upon completion of the grading,if requested. All challenges of
questions on the written tests must be made in writing to the City Manager's designee for
Human Resources within two (2) working days of the testing dates and he/she shall
conclusively decide the challenge.
6) Promotional lists shall expire two(2)years after the posting of the results of a promotional
test or where lists have been combined,two(2)years after the combining of the old and
new lists.
7) The rule of three will be used in selecting the candidate(s)for promotion.
8) Eligible applicants will receive points for years of service with the City as follows:0.25
points shall be added to an employee's passing examination score for each completed year of
service,up to a maximum of 25 years.
Section 9.19 Housing_Stipend - The C_ity shall pay=housing sttend of 52.50 per month.
throughout the threei3!year ,riot commencing on October 1.2021 aridendina on Sptember 1.
2024. as established by City_Commission, for Code Enforcement Officers (up to a maximum of
50 police. fire. and cove compliance Offers combined i on a first-come. first-serve basis. living
v..ttntn the Mi=.n: PF (.r City kmits. ucon confirmation of residency t) "ie Human Resources
Department.
CWA-58
Page 907 of 1166
•
ARTICLE 10
DRUG AND ALCOHOL TESTING
Section 10.1.
The City and the CWA recognize that employee use of illegal substances,abuse and misuse of
controlled substances,and alcohol abuse have an adverse impact on City government,the image
of City employees,the general health,welfare and safety of employees,and the public at large.
To demonstrate the commitment by the City and the CWA,employees shall be subject to random
drug and alcohol testing,and reasonable suspicion testing.
Those employees who have a CDL license and are in the CDL Drug Testing Pool will not be a
part of the CWA Drug Testing Pool since the employees who hold a CDL license are already
being randomly tested.
•
All random and reasonable suspicion testing protocols shall comply with Title 49 Code of Federal
Regulations,Part 40.
Section 10.2.
Using, selling, possessing or being under the influence of illegal drugs while on or off-duty is
prohibited. Employees are further prohibited from consuming alcohol on-duty and/or consuming
or abusing alcohol off-duty to the extent that such use and/or abuse may have an effect upon the
performance of job functions.
The use of controlled substances is permitted only when prescribed by a licensed health care
provider and properly used by the employee/patient. Misuse or abuse of prescribed controlled
substances is prohibited.
If a test result for a controlled substance is positive,the employee shall be solely responsible for
providing the Medical Review Officer(MRO) with the prescription number and the name and
telephone number of the pharmacy where the prescription was filled.A new or back-dated unfilled
prescription shall not be accepted.
CWA-59
Page 908 of 1166
The City's current 10-panel drug test and cut-off levels are as follows:
Initial Test GC/MS Confirm
Drug
Level Test Level
Amphetamines 1000 nq/ml 500 nq/ml
Barbiturates 300 nq/ml 150 na/mI
Benzodiazepines 300 ng/ml 150 ng/ml
Cocaine metabolites 300 np/ml 150 n mI
Hallucinogens of any kind Hallucinogens Hallucinogens of
of any amount any amount
Marijuana metabolites 50 na/ml 15 nglml
Methadone 300 nq/ml 300 na/ml
Methaqualone 300 nq/ml 150 nq/ml
Methvlenedioxvamphetamine 500 nq/ml 250 na/mI
1MDA1 Analogues
Opiates 2000 nq/ml 2000 na/mI
Phencyclidine 25 no/mI 25 na/ml_
Propoxyphene 300 na/ml 150 nplml
In the case of an alcohol test, a result of 0.04 or greater constitutes a positive result. A
confirmation breathalyzer test shall be administered following the initial test in accordance with
the procedures in Title 49 Code of Federal Regulations,Part 40.
Section 10.3.Drug/Alcohol Random Screening.
Urine analysis shall be administered to test for unlawful drugs and controlled substances.
Breathalyzer testing shall be administered to test for alcohol. If the employee is or claims to be
unable to provide an adequate sample,a blood test will be performed.Any refusal by an employee
to consent to the blood test will result in a positive result. Employees shall be selected using a
random selection process and shall be tested during their normal tour of duty.Employees will be
selected for testing from a blind list by the Human Resources Director or his/her designee.
Section 10.4. Drug/Alcohol Reasonable Suspicion Testing.
The City Manager, Assistant City Managers, Department Directors, or in the Department
Director's absence, the appropriate Assistant Director or Division Director, may direct an
CWA-60
Page 909 of 1166
employee to submit to a urine analysis and breathalyzer,when there is reasonable suspicion that
an employee is under the influence of or using alcohol,drugs or controlled substances on-duty,
on an off-duty detail and/or when the employee has caused,contributed to or been involved in an
accident(i.e.,while operating a City vehicle whether on-duty or off-duty). If the employee is or
claims to be unable to provide an adequate sample,a blood test will be performed.Any refusal
by an employee to consent to the blood test will result in a positive result.All reasonable suspicion
tests must be coordinated through the Employee Relations Manager who is available 24/7 for this
specific function.
Section 10.5. Positive Drug and/or Alcohol Test Results.
The parties agree that positive results to random or reasonable suspicion drug or alcohol tests
with no legitimate medical explanation,or in violation of the terms and conditions set forth in this
Agreement, shall result in the employee's termination from employment. The employee may
grieve said discipline through the contractual grievance/arbitration process.
Section 10.6.Refusal to Submit.
The parties agree that an employee's refusal to submit(which includes adulterating a specimen
or submitting a false specimen)to drug or alcohol testing in accordance with the provisions of this
Article shall result in the employee's termination.The employee may grieve said discipline through
the contractual grievance/arbitration process.
Section 10.7 Last Chance Agreement.
Employees testing positive may be offered the opportunity to enter into a "Last Chance
Agreement".Offering an employee a last chance agreement in no way precludes the City from
taking concurrent disciplinary action.The Agreement shall require participation in a rehabilitation
program, unannounced follow-up testing for a period of two years and such other requirements
as set forth by the City.The City reserves the right to terminate an employee without providing
him/her with a Last Chance Agreement. Employees under a Last Chance Agreement who test
positive shall be terminated from employment with the City and this is not grievable under the
grievance procedure. Employees may be given no more than one(1)chance for substance abuse
rehabilitation during employment with the City.
CWA-61
Page 910 of 1166
ARTICLE 11
ENTIRE AGREEMENT
The Union acknowledges that during negotiations resulting in this Agreement,it had the right and
opportunity to make demands and proposals with respect to any and all subjects not removed by
law from the area of collective bargaining and that the complete understanding and agreements
arrived at by the parties after exercise of that right and opportunity are set forth in this Agreement.
Therefore,the Union waives the right,during the term of this Agreement,to bargain collectively
with respect to any subject or matter referred to or covered in this Agreement,and it particularly
waives the right to bargain (except impact bargaining) over the City's exercise or any of its
management's rights set forth in Article 6 of this Agreement,e.g.,changing work hour schedule,
transferring employees,laying off employees,etc.
This Agreement may be amended by mutual agreement of the parties but any amendments must
be in writing and signed by duly authorized representatives of the parties before it will be effective.
CWA-62
Page 911 of 1166
ARTICLE 12
SAVINGS
If any provisions of this Agreement are subsequently declared by the proper legislative or judicial
authority to be unlawful, unenforceable or not in accordance with applicable statutes or
ordinances, all other provisions of this Agreement shall remain in full force and effect for the
duration of this Agreement. Upon issuance of such a decision or declaration which is not
appealed by either party,the parties shall,following a request by either party,negotiate in good
faith on a substitute article,section or portion thereof.
CWA-63
Page 912 of 1166
ARTICLE 13
TERM OF CONTRACT
This agreement shall be become effective upon City Commission approval, and shall remain in
effect until the 30th day of September 20+624. It shall be automatically renewed thereafter from
year to year unless either party shall notify the other in writing sixty (60) days prior to the
anniversary date that it desires to modify this Agreement. In the event such notice is given,
negotiations shall begin no later than thirty (30) days prior to the anniversary date of the
Agreement.
Effective upon ratification of this Agreement.in future baigaininq. proposals made by either party
With economic impact. ciiil be accOm0anied with adetafed cost estimate_if such cost estimate
requires an actuary. the party presenting the proposalv.II be responsible for_the cost of the
actua'jai study
CWA-64
Page 913 of 1166
COMMUNICATIONS WORKERS OF AMERICA CITY OF MIAMI BEACH
By: By:
Osvaldo Garcia Jr. Mina T.Hudak
CWA President City Manager
Executed on: Executed on:
Date Date
Approved by vote of the City Commission, ,202219.
Dan Gelber
Mayor
ATTEST:
Rafael E.Granado
City Clerk
CWA-65
Page 914 of 1166
RATIFICATION
This Agreement was ratified on 20224-g by a majority vote of bargaining unit
members represented by Communications Workers of America(CWA),employed by the City of
Miami Beach.
Attesting to the above are CWA Local 3178's Negotiation Team members:
Osvaldo Garcia Jr. President&Chief Negotiator
Monique Coney,Vice President
Jacon Casanovardatt Bernina,Secretary
Bruce LambertoMario Diaz. Chairman
Julio Espinosa,Chairman
Joana Christophe-Tocker,Chairman
Xaviet Mare,Chairman
Brian Pardo.Chairman
CWA-66
Page 915 of 1166
APPENDIX A
Exhibit#1
Classification/Compensation Plan
Classification I Range Classification I Range
{ Clerk H15 Complaint Operator II .6-i=7
Coin Room Money Handler H16 Financial Specialist II H26
Clerk Typist H17 Carpenter I H27
Code Compliance Officer I H27
Masonry Helper H18 Dispatcher H257
Engineering Assistant II H27
Account Clerk I H2O Mason H27
Admin Aide I H2O Parking Meter Technician II H27
Data Entry Clerk H2O Property Evidence Tech II H27
Duplicating Equip Operator H2O
Permit Clerk I H2O Carpenter II H28
Police Records Technician H2O
Revenue Processor I H2O Commission Reporter II H28
Financial Specialist III H28
Parking Enforcement Spec I H24 Police Fleet Specialist H28
Account Clerk II H23 Planning Technician H29
Meter Analyst H23
Engineering Assistant III H30
Permit Clerk II H23 Field Inspector II H30
Property Evidence Tech I H23
Public Safety Specialist H23 Code Compliance Officer II H31
Revenue Processor II H23 Crime Scene Technician I H31
Police Photographer H31
Admin Aide II H24
Admin Secretary H24 Crime Analyst Specialist H32
Buyer H24
Engineering Assistant I H24 Air Conditioning Mechanic H34
Field Inspector I H24 Code Compliance Admin. H34
Financial Specialist I •H24 Crime Scene Technician II H34
Painter H24 Building Inspector H34
Parking Dispatcher H25 Electrical Inspector H34
Electrician H34
Account Clerk III H25 Elevator Inspector H34
Admin Asst I H25 Engineering Inspector H34
Communications Operator H265 Mechanical Inspector H34
Dispatcher Trainee H25 Plumber H34
Parking Enforcement Spec II H25 Plumbing Inspector H34
Parking Meter Tech I H25 Pool Guard I H50
Pool Guard II H52
Commission Reporter I H26 Lifeguard I H54
Lifeguard II H58
Lifeguard Lt. H60
•
CWA-67
Page 916 of 1166
Exhibit 02 commenced 47.3:We will provide new charts.
Fiscal Year 2018-19 -
Classification/CompensatIon Plan—1%COLA effective October 1,2018
Range Mn Max Range Mn Max
H15 Annual $34,659.29 $50,197.21 H32 Annual $57,287.00 $90,505.98
H16 Annual $35,699.21 $51,702.98 H33 Annual $59,578.12 $94,126.22
H17 Annual $36,770.24 $53,254.20 H34 Annual $61,961.50 $97,891.47
H18 Annual $37,873.19 $54,851.69 H35 Annual $64,439.56 $101,806.86
H19 Annual $39,009.42 $56,497.32 H36 Annual $67,017.44 $105,879.15
H2O Annual $40,179.73 $58,192.20 H37 Annual $69,698.13 $110,114.31
H21 Annual $41,385.49 $59,937.93 H50 Annual $44,144.09 $64,553.99
H22 Annual $42,626.95 $61,736.15 H51 Annual $45,468.06 $67,135.94
H23 Annual $43,905.48 $63,588.30 H52 Annual $46,832.08 $69,821.49
H24 Annual $45,222.69 $66,131.46 H53 Annual $48,236.67 $72,614.18
H25 Annual $46,579.40 $68,776.97 H54 Annual $49,684.01 $75,518.87
H26 Annual $47,976.69 $71,528.54 H55 Annual $51,174.64 $78,539.34
H27 Annual $49,416.19 $74,389.67 H56 Annual $52,709.63 $81,680.74
H28 Annual $50,898.69 $77,364.97 H57 Annual $54,290.88 $84,948.48
H29 Annual $52,425.57 $80,459.56 H58 Annual $58,156.49 $88,346.61
H30 Annual 553,998.16 $83,677.80 H59 Annual $60,483.05 $91,880.28
H31 Annual $55,618.37 $87.025.07 MO Annual $62.902.13 $95.555.17
CWA-68
Page 917 of 1166
Exhibit#3
Fiscal Year 2019-20
Classification/Compensation Plan—1%COLA effective October 1,2019
Range Mn Max Range Mn Max
H15 Annual $35,005.88 $50,699.18 H32 Annual $57,859.87 $91,411.04
H16 Annual $36,056.20 $52,220.01 H33 Annual $60,173.91 $95,067.48
H17 Annual $37,137.94 $53,786.75 H34 Annual $62,581.11 $98,870.38
H18 Annual $38,251.92 $55,400.20 H35 Annual $65,083.95 $102,824.93
H19 Annual $39,399.51 $57,062.30 H36 Annual $67,687.62 $106,937.94
H2O Annual $40,581.53 $58,774.12 H37 Annual $70,395.11 $111,215.45
H21 Annual $41,799.34 $60,537.31 H50 Annual $44,585.53 $65,199.53
H22 Annual $43,053.22 $62,353.51 H51 Annual $45,922.75 $67,807.30
H23 Annual $44,344.54 $64,224.19 H52 Annual $47,300.40 $70,519.71
H24 Annual $45,674.92 $66,792.77 H53 Annual $48,719.04 $73,340.32
H25 Annual $47,045.20 $69,464.74 H54 Annual $50,180.86 $76,274.05
H26 Annual $48,456.46 $72,243.83 H55 Annual $51,686.38 $79,324.73
H27 Annual $49,910.35 $75,133.57 H56 Annual $53,236.72 $82,497.55
H28 Annual $51,407.68 $78,138.62 H57 Annual $54,833.79 $85,797.96
H29 Annual $52,949.82 $81,264.16 H58 Annual $58,738.05 $89,230.08
H30 Annual $54,538.14 $84,514.57 H59 Annual $61,087.88 $92,799.08
H31 Annual $56.174,55 $87.895.32 H60 Annual $63.531.15 $96.510.72
CWA-70
Page 919 of 1166
Exhibit#4
Fiscal Year 2020-21
Classification/Compensation Plan—1%COLA effective October 1,2020'
Range Min Max Range Min Max
H15 Annual $35,355.94 $51,206.17 H32 Annual $58,438.47 $92,325.15
H16 Annual $36,416.76 $52,742.21 H33 Annual $60,775.65 $96,018.16
H17 Annual $37,509.32 $54,324.61 H34 Annual $63,206.92 $99,859.09
H18 Annual $38,634.44 $55,954.21 H35 Annual $65,734.79 $103,853.17
H19 Annual $39,793.51 $57,632.92 H36 Annual $68,364.49 $108,007.32
H2O Annual $40,987.35 $59,361.86 H37 Annual $71,099.06 $112,327.61
H21 Annual $42,217.34 $61,142.68 H50 Annual $45,031,38 $65,851.53
H22 Annual $43,483.75 $62,977.04 H51 Annual $46,381.97 $68,485.37
H23 Annual $44,787.98 $64,866.43 H52 Annual $47,773.40 $71,224.90
H24 Annual $46,131.67 $67,460.70 H53 Annual $49,206.23 $74,073.72
H25 Annual $47,515.65 $70,159.39 H54 Annual $50,682.66 $77,036.79
H26 Annual $48,941.03 $72,966.26 H55 Annual $52,203.25 $80,117.98
H27 Annual $50,409.45 $75,884.90 H56 Annual $53,769.09 $83,322.52
H28 Annual $51,921.76 $78,920.00 H57 Annual $55,382.12 $86,655.94
H29 Annual $53,479.32 $82,076.80 H58 Annual $59,325.43 $90,122.38
H30 Annual $55,083.53 $85,359.72 H59 Annual $61,698.76 $93,727.07
H31 Annual $56,736.30 $88,774.27 H60 Annual $64,166.47 $97,475.83
in the event the City's General Fund Revenues Increase by eleven percent(11%)or more in
June of 2020,there shall be an across-the-board wage increase of two percent(2%)Instead
of the one(1%)percent.
CWA-71
•
Page 920 of 1166
City of Miami Beach 1
Fiscay Year 2022
CWA Compensation and Classification Plan
Effective 1st Pay period Ending April of 2022(Includes 2%COLA) i
Range Minimum Maximum Range Minimum Maximum
I
H15 Annual $36,052.64 $52,215.28 H32 Annual $ 59,589.92 $ 94,144.44 I
H16 Annual $37,134.24 $53,781.26 H33 Annual $ 61,973.08 $ 97,909.76 1
H17 Annual $38,248.08 $55,395.34 H34 Annual $ 64,452.18 $101,826.66 1
H18 Annual $39,395.72 $57,057.00 H35 Annual $ 67,029.82 $105,899.30 1
I
H19 Annual $40,577.42 $58,768.32 H36 Annual $ 69,711.20 $110,135.48 j
H2O Annual $41,794.74 $60,531.38 H37 Annual $ 72,499.70 $114,540.66
H21 Annual $43,049.24 $62,347.48 H50 Annual $ 45,918.60 $ 67,148.90
H22 Annual $44,340.40 $64,217.92 H51 Annual $ 47,296.08 $ 69,834.70
H23 Annual $45,670.56 $66,144.26 H52 Annual $ 48,714.64 $ 72,628.14.
I
H24 Annual $47,040.76 $68,790.02 H53 Annual $ 50,175.84 $ 75,533.12
H25 Annual $48,451.78 $71,541.60 H54 Annual $ 51,681.50 $ 78,554.58
H26 Annual $49,905.18 $74,403.68 H55 Annual $ 53,231.88 $ 81,696.42
H27 Annual $51,403.04 $77,380.16 H56 Annual , $ 54,828.54 $ 84,964.10
H28 Annual $52,944.84 $80,474.94 H57 Annual $ 56,473.30 $ 88,363.08
H29 Annual $54,533.18 $83,694.00 H58 Annual $ 60,494.46 $ 91,898.04 1
H30 Annual $56,168.84 $87,041.50 H59 Annual $ 62,914.54 $ 95,573.66
H31 Annual $57,854.16 $90,523.42 H60 Annual $ 65,430.56 $ 99,396.18
1
'Contract charts are a representation of pay corresponding to a salary change in Munis,
which will be applied with rounding to four(4)significant digits. 1
CWA-72
Page 921 of 1166
City of Miami Beach
Fiscal Year 2023
CWA Compensation and Classification Plan
Effective 1st Pay period Ending April of 2023(Includes 3%COLA)
Range Minimum Maximum Range Minimum Maximum
H15 Annual $37,134.24 $53,781.78 H32 Annual $ 61,377.68 $ 96,968.82
H16 Annual $38,248.34 $55,394.82 H33 Annual $ 63,832.34 $100,846.98
H17 Annual $39,395.46 $57,057.26 H34 Annual $ 66,385.80 $104,881.40
H18 Annual $40,577.68 $58,768.84 H35 Annual $ 69,040.66 $109,076.24
H19 Annual $41,794.74 $60,531.38 H36 Annual $ 71,802.64 $113,439.56
H2O Annual $43,048.46 $62,347.22 H37 Annual $ 74,674.60 $117,976.82
H21 Annual $44,340.66 $64,217.92 H50 Annual $ 47,296.08 $ 69,163.38
H22 Annual $45,670.56 $66,144.52 H51 Annual $ 48,714.90 $ 71,929.78
H23 Annual $47,040.76 $68,128.58 H52 Annual $ 50,176.10 $ 74,806.94
H24 Annual $48,452.04 $70,853.64 H53 Annual $ 51,681.24 $ 77,799.02
H25 Annual $49,905.44 $73,687.90 H54 Annual $ 53,231.88 $ 80,911.22
H26 Annual $51,402.26 $76,635.78 H55 Annual $ 54,828.80 $ 84,147.44
H27 Annual $52,945.10 $79,701.44 H56 Annual $ 56,473.30 $ 87,513.14
H28 Annual $54,533.18 $82,889.30 H57 Annual $ 58,167.46 $ 91,014.04
H29 Annual $56,169.10 $86,204.82 H58 Annual $ 62,309.26 $ 94,655.08
H30 Annual $57,853.90 $89,652.68 H59 Annual $ 64,801.88 $ 98,440.94
H31 Annual $59,589.66 $93,239.12 H60 Annual $ 67,393.56 $102,378.12
*Contract charts are a representation of pay corresponding to o salary change in Munis,
which will be applied with rounding to four(4)significant digits.
CWA-73
Page 922 of 1166
City of Miami Beach
Fiacal Year 2024
CWA Compensation and Classification Plan
Effective 1st Pay period Ending April of 2024(Includes 3%COLA)
Range Minimum Maximum Range Minimum Maximum
H15 Annual $38,248.34 $55,395.34 H32 Annual $ 63,219.00 $ 99,877.96
H16 Annual $39,395.72 $57,056.74 H33 Annual $ 65,747.24 $103,872.34
H17 Annual $40,577.42 $58,769.10 H34 Annual $ 68,377.40 $108,027.92
H18 Annual $41,795.00 $60,531.90 H35 Annual $ 71,111.82 $112,348.60
H19 Annual $43,048.46 $62,347.22 H36 Annual $ 73,956.74 $116,842.70
H2O Annual $44,339.88 $64,217.66 H37 Annual $ 76,914.76 $121,516.20
H21 Annual $45,670.82 $66,144.52 H50 Annual $ 48,714.90 $ 71,238.18
H22 Annual $47,040.76 $68,128.84 H51 Annual $ 50,176.36 $ 74,087.78
H23 Annual $48,452.04 $70,172.44 H52 Annual $ 51,681.50 $ 77,051.26
H24 Annual $49,905.70 $72,979.14 H53 Annual $ 53,231.62 $ 80,133.01
H25 Annual $51,402.52 $75,898.42 H54 Annual $ 54,828.80 $ 83,338.58
H26 Annual $52,944.32 $78,934.96 H55 Annual $ 56,473.56 $ 86,671.78
H27 Annual $54,533.44 $82,092.40 H56 Annual $ 58,167.46 $ 90,138.62
H28 Annual $56,169.10 $85,375.94 H57 Annual $ 59,912.58 $ 93,744.56
H29 Annual $57,854.16 $88,791.04 H58 Annual $ 64,178.66 $ 97,494.80
H30 Annual $59,589.40 $92,342.38 H59 Annual $ 66,745.90 $101,394.28
H31 Annual $61,377.42 $96,036.20 H60 Annual $ 69,415.32 $105,449.50
*Contract charts are a representation of pay corresponding to a salary change in Munis,
which will be applied with rounding to four(4)significant digits.
CWA-74
Page 923 of 1166
APPENDIX B
Grievance Form
•
CWA-75
Page 924 of 1166
CITY OF MIAMI BEACH
BARGAINING UNIT GRIEVANCE PROCEDURE FORM
UNION GRIEVANCE#: LABOR RELATIONS GRIEVANCE#:
Instructions: Spaces 1-9 should be printed so that the same information appears at all steps. The lower
portion is to be completed at each step.
1.Bargaining Unit:COMMUNICATIONS WORKERS OF AMERICA(CWA)-LOCAL 3178
2. Date Grievant(s) became aware of the alleged 3.Grievant's Name(s)&Classification(s):
violation(s):
I I
4.Grievant's Department/Division&Telephone 5.Grievant's Immediate Supervisor&Telephone
Ext.( ): Ext.( 1:
6.Statement/Nature of Grievance:
7.Contract Article(s)Alleged Violated:
8.Suggested Adjustment:
9.
Grievant's Signature Date
10.
Union Representative's Signature Date
CWA-76
Page 925 of 1166
TO BE COMPLETED,SIGNED IN BLUE INK AND PRESENTED AT EACH STEP
Step 1-Presented by(signature/title) Received by(signature/title)
Date: Date: •
STEP 1 -RESPONSE(from DIVISION to PRESENTER)
Grievance Denied(state why): Grievance Resolved(state how):
(Signature/title) Date:
Step 2-Presented by(signature/title) Received by(signature/title)
Date: Date:
STEP 2-RESPONSE(from DEPARTMENT to PRESENTER)
Grievance Denied(state why): Grievance Resolved(state how):
(Signature/title) Date:
Step 3-Presented by(signature/title) Received by(signature/title)
Date: Date:
STEP 3-RESPONSE-Reply from City Manager's designee/Labor Relations is attached
(Signature/title) Date:
ARBITRATION REQUEST Date Received by(signature/ite) Date
Presented by(signature/title)
CWA-77
Page 926 of 1166