20160927 SM1MIAMIBEACH
City Gommission Meeting
SUPPLEMENTAL MATERIAL 1 (9123t2016)
Gity Hall, Commission Ghambers, 3'd Floor, 1700 Convention Center Drive
September 27,2016
Mayor Philip Levine
Com missioner John Elizabeth Alem6n
Commissioner Ricky Arriola
Commissioner Michael Grieco
Commissioner Joy Malakoff
Com missioner Kristen Rosen Gonzalez
Com m issioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visff us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk priorto engaging in any lobbying activitywith the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
R5 - Ordinances
R5 E AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES SALARY
ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, IN ACCORDANCE WITH THE
NEGOTIATED COLLECTIVE BARGAINING AGREEMENT, PROVIDING FOR QUALIFYING
INCUMBENTS IN THE CLASSIFICATIONS IN GROUPV, REPRESENTED BYTHE GOVERNMENT
SUPERVISORS ASSOCIATION OF FLORTDA (GSAF), OpEtU, LOCAL 100, AS FOLLOWS:
EFFECTIVE THE FIRST PAY PERIOD ENDING IN APRIL OF 2016, THERE SHALL BE AN
ACROSS-THE-BOARD COST-OF-LrvrNG ADJUSTMENT (COLA) OF ONE pERCENT (1%), AND
THE MIN IMUM AND MAXIMUM OF EACH SALARY RANGE WILL ALSO BE INCREASED BY ONE
PERCENT (1%); EFFECTIVE THE FIRST PAY PERIOD ENDING lN JULY OF 2017, THERE SHALL
BE AN ACROSS-THE-BOARD COST-OF-LrvrNG ADJUSTMENT (COLA) OF THREE pERCENT
(3%), AND THE MINIMUM AND MAXIMUM OF EACH SALARY RANGE WILL ALSO BE
INCREASED BY THREE PERCENT (3%); EFFECTIVE THE FIRST PAY PERIOD ENDING IN JULY
oF 2018, THERE SHALL BE AN ACROSS-THE-BOARD COST-OF-LtvtNG ADJUSTMENT (COLA)
OF THREE PERCENT (3%), AND THE MINIMUM AND MAXIMUM OF EACH SALARY RANGE WILL
ALSO BE INCREASED BY THREE PERCENT (3o/"); PROV|D|NG FOR REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
5:06 p.m. First Reading
Deferred from September 1 4,2016 - R5 AF
Human Resources
Mayor Philip Levine
Supplemental updated on 912312016
(Memorandum)
Supplemental 1, September 27,2016
R7 - Resolutions
R7 I A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, RATIFYING A THREE (3) YEAR LABOR AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND THE GOVERNMENT SUPERVISORS ASSOCTATTON OF FLORTDA (GSAF), OpEtU,
LOCAL 1OO, FOR THE PERIOD FROM OCTOBER 1,2015 THROUGH SEPTEMBER 30, 2018; AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT.
Human Resources
Deferred from September 1 4,2016 - C7 Y Supplemental updated on I 1231201 6
(Memorandum)
AAIAMI BEACH
TO:
FROM:
DATE:
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING ORDIMNCE NO. 789, THE CLASSIFIED
EMPLOYEES SALARY ORDINIANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
IN ACCORDANCE WITH THE NEGOTIATED COLLECTIVE BARGAINING
AGREEMENT, PROVIDING FOR QUALIFYING lNCUMBENTS IN THE
CLASSIFICATIONS IN GROUP V REPRESENTED BY THE GOVERNMENT
SUPERVISORS ASSOCIATION OF FLORIDA (GSAF), OpElU, LOCAL 100, AS
FOLLOWS: EFFECTIVE THE FIRST PAY PERIOD ENDING IN APRIL OF 2016,
THERE SHALL BE AN ACROSS-THE-BOARD COST-OF.LIVING ADJUSTMENT
(coLA) oF oNE PERCENT (1%), AND THE MTNTMUMAND TUAXIMUM OF EACH
SALARY RANGE WILL ALSO BE INCREASED BY ONE PERCENT (1%);
EFFECTIVE THE FIRST PAY PERIOD ENDING IN JULY OF 2017, THERE SHALL
BE AN ACROSS-THE-BOARD COST-OF-LrV|NG ADJUSTMENT (COLA) OF
THREE PERCENT (3%), AND THE MINIMUMAND MAXIMUM OF EACH SALARY
RANGE WILL ALSO BE INCREASED BY THREE PERCENT (3%); EFFECTIVE
THE FIRST PAY PERIOD ENDING IN JULY OF 2018, THERE SHALL BE AN
ACROSS-THE-BOARD COST-OF-LrVING ADJUSTMENT (COLA) OF THREE
PERCENT (3%), AND THE MINIMUM AND MAXIMUM OF EACH SALARY MNGE
WILL ALSO BE INCREASED BY THREE PERCENT (3%); PROVIDING FOR
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends the City Commission approve the ordinance and set a second
reading public hearing for October 19,2016.
ANALYSIS
The City of Miami Beach has the following five (5) classified employee groups that are
represented by bargaining units:
' Group I - Represented by the American Federation of State, County and Municipal Employees
(AFSCME) Local 1554;
' Group ll - Represented by the Fratemal Order of Police (FOP) William Nichols Lodge No. 8;
'Group lll - Represented bythe lntemationalAssociation of Firefighters (IAFF) Local 1510;
' Group lV - Represented by the Communications Workers of America (CWA) Local 31 78; and
Ordinances - R5 E
COMMISSION MEIT,PRAN DU M
Honorable Mayor and Members of the City Commission
Jimmy L. Morales, City Manager
September 27,2016
5:06 p.m. First Reading
Page 135of813
. Group V - Represented by the Govemment Supervisors Association of Florida (GSAF),
OPEIU, Local 100.
ln addition, the City has one classified employee group, Group Vl, comprising all other
classifications in the classified service not covered by a bargaining unit. This group is commonly
refened to in the City of Miami Beach as "Others". There is a seventh salary group comprised of
at-willemployees commonly refened to as Unclassified.
The Administration will be presenting a separate item before the City Commission during the
September 27,2016, City Commission meeting requesting approval to ratify a three-year labor
agreement between the City and the GSAF for the period of October 1,2015 through
September 30, 2018. lncluded in the GSAF collective bargaining agreement is a provision that
requires amendments to the Classified Salary Ordinance (Ordinance No. 789).
The first amendment calls for the implementation of a one percent (1%) across the board cost
of living adjustment (COLA), effective the first full pay period ending April of 2016, for all
bargaining unit employees covered by the GSAF, and providing for an increase to the minimum
and maximum of each pay range conespondingly by one percent (1%). The one percent (1%)
COLA, effective with the first full pay period in April of 2016, represents an impact of
approximately $26,000 for members covered by the GSAF.
The second amendment calls for the implementation of a three percent (3%) across the board
COLA, effective the first full pay period ending July of 2017, for all bargaining unit employees
covered by the GSAF, and providing for an increase to the minimum and maximum of each pay
range conespondingly by three percent (3%). The three percent (3%) COLA, effective with the
first full pay period in July of 2017, represents an impact of approximately $91,500 for members
covered by the GSAF.
The third amendment calls for the implementation of a three percent (3%) across the board
COLA, effective the first full pay period ending July of 2018, for all bargaining unit employees
covered by the GSAF, and providing for an increase to the minimum and maximum of each pay
range conespondingly by three percent (3%). The three percent (3%) COLA, effective with the
first full pay period in July of 2018, represents an impact of approximately $250,500 for
members covered by the GSAF.
The impact over a three year period is $368,000. The estimated figures do not take into
consideration cunent tumover rates or vacant positions; however, the Administration anticipates
the impact of such to be minimal. Any of the aforementioned classified employees rartro
separate from employment with the City prior to the date of implementation of the COLA's, will
not be eligible to receive the COLA increases.
CONCLUSION
Based upon the agreed upon terms between the City and the GSAF, and the City Commission's
ratification of said agreement, the Administration recommends amending Ordinance No. 789, as
set forth above and in the applicable collective bargaining agreement between the parties.
The Administration recommends the City Commission approve the ordinance and set a second
reading public hearing for October 19,2016.
Page 136 of 813
Legislative Tracking
Human Resources
Sponsor
Mayor Philip Levine
AfiAGHMENTS:
Description
n GSAF Salary Ordinance
Page 137 of 813
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES
SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, IN ACCORDANCE
WITH THE NEGOTIATED GOLLECTIVE BARGAINING AGREEMENT, PROVTDING FOR
QUALIFYING INCUMBENTS IN THE CLASSIFICATIONS IN GROUP V, REPRESENTED BY
THE GOVERNMENT SUPERVISORS ASSOCIATTON OF FLORIDA (GSAF), OpEtU, LOCAL
100, AS FOLLOWS: EFFECTIVE THE FIRST PAY PERIOD ENDING lN APRIL OF 2016,
THERE SHALL BE AN ACROSS-THE-BOARD COST-OF.LTVING ADJUSTMENT (COLA) OF
oNE PERCENT (1%), AND THE MINIMUM AND MAXTMUM OF EACH SALARY RANGE
wlLL ALSO BE INCREASED BY ONE PERGENT (1%); EFFECTIVE THE FIRST PAY
PERIOD ENDTNG IN JULY OF 2A17, THERE SHALL BE AN ACROSS.THE.BOARD COST.
oF-LlvlNG ADJUSTMENT (COLA) OF THREE PERGENT (3%), AND THE M|N|MUM AND
MAXIMUM OF EACH SALARY RANGE WILL ALSO BE INCREASED BY THREE PERCENT
(3%); EFFECTIVE THE FIRST PAY PERIOD ENDING lN JULY OF 2018, THERE SHALL BE
AN ACROSS-THE-BOARD COST-OF-L|VING ADJUSTMENT (COLA) OF THREE PERCENT
(3%), AND THE MINIMUM AND MAXTMUM OF EACH SALARY RANGE W|LL ALSO BE
INCREASED BY THREE PERCENT (3%); PROVIDING FOR REPEALER, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, classified employees are categorized into six (6) groups: Group I
represented by the American Federation of State, County and Municipal Employees
(AFSCME) Local 1554; Group ll represented by the Fraternal Order of Police (FOP)
William Nichols Lodge No. 8; Group lll represented by the lnternational Association of
Firefighters (IAFF) Local 1510; Group lV 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 Vl comprising of all other
classifications in the classified service not covered by a bargaining unit (commonly
referred to as "Others"); and
WHEREAS, the City of Miami Beach has approximately 1,634 classified
employees; and
WHEREAS, included in the proposed agreement between the City and the GSAF
for a three year period from October 1, 2015 through September 30, 2018, are
provisions for the implementation of a one percent (1%) across-the-board cost-of-living
adjustment (COLA), effective the first pay period ending in April of 2016, for all classified
employees represented by the GSAF, with a corresponding one percent (1%) increase
to the minimum and maximum of each classification's salary range; a three percent
(3%) across-the-board COLA, effective the first pay period ending in July of 2017, for all
classified employees represented by the GSAF, with a corresponding three percent
(3%) increase to the minimum and maximum of each classification's salary range; a
three percent (3%) across-the-board COLA, effective the first pay period ending in July
of 2418, for all classified employees represented by the GSAF, with a corresponding
three percent (3%) increase to the minimum and maximum of each classification's
salary range; and
Page 138 of813
WHEREAS, classified employees represented by the GSAF collective bargaining
unit who separated from employment with the City prior to the date of implementation of
the COLA (effective the first pay period ending in April of 2016; effective the first pay
period ending in July ot 2017; and effective the first pay period ending in July of 2018)
will not be qualifying incumbents and will not be eligible for the COLA increases; and
WHEREAS, the estimated impact for employees covered by the GSAF
bargaining unit in the FY 2015116 operating budget is $26,000; for the FY 2016117
operating budget the estimated impact is $91,500; and forthe FY 2017118 operating
budget the estimated impact is $250,500; and
WHEREAS, there is a need to amend the salary ranges of classified employees
represented by GSAF collective bargaining unit in order to ensure that the City has an
employee classification and compensation system that is fair and internally and
externally competitive; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
[This Section lntentionally Left BIank]
Page 139 of813
SEGTION 1: The following one percent (1%) increase to the minimum and the
maximum of the salary ranges and a one percent (1%) COLA for qualifying incumbents
shall be effective the first pay period ending in April of 2016. Qualifying incumbents
covered by the GSAF bargaining unit shall receive a one percent (1%) COLA provided
that the employee's base salary does not exceed the maximum of his or her bi-weekly
salary range for the salary grades established in the section below.
SUPERVTSORS ASSOCTATION OF FLORTDA (GSAF)
Grade and Salaries
SECTION 2: The following three percent (3%) increase to the minimum and the
maximum of the salary ranges and a three percent (3%) COLA for qualifying
incumbents shall be effective the first pay period ending in July of 2017. Qualifying
incumbents covered by the GSAF bargaining unit shall receive a three percent (3%)
COLA provided that the employee's base salary does not exceed the maximum of his or
her salary range for the salary grades established in the section below.
GROUP V
GOVERNMENT SUPERVTSORS ASSOG|ATION OF FLORTDA (GSAF)
Grade and Salaries
Grade MinimumAnnualSalarv15 66s56J2 67.323.29
14 6#m 61.961.26
13 5H59Sg 57.023.s9
12 5+95288 s2.477.46
11 47Tg15$4 48.293.19
10 44+€€,Jrc* 44.443.74
9 t0,497,3 I 40.902.31
8 377€p44 37.642.13
7 34J9W 34.641.40
6 U.#W 31.880.17
Grade MinimumAnnualSalarv
15 67W, 69.342.99
14 61-9M 63.820.'10
13 54€2359 58.734.30
12 *A7l-46 54.051.78
11 48*93-19 49.741.99
10 4li I t3,74 45.777.05
9 4+,908+ 42.129.38
Maximum AnnualSalary
1s7#30 108,738.72
99108{-06 100,071 .87
91-1€450 92,096.45
83p{4=48 84.753.62
7W+n 77.997.98
71#7W 71.780.92
6#0810 66.062.28
6gJ9# 60.795.31
sWH 55,949.s6
sgpeo€g 51.490.61
Maximum AnnualSalarv
lQW 112,000.88
1€0,071=87 103.074.03
92p96r's 94.859.34
84J53H 87.296.23
71*€7# 80.337.92
7W 73.934.35
6ffi 68,044.15
Page 140 of813
8 "7#+2# 38.771.40 6ffi1 62.619.17
7 3 t'6 t1 ,40 35.680.65 55p49S6 57 .628.04
6 3{1889=1+ 32.836.57 sffi+ 53.035.33
SECTION 3: The following three percent (3%) increase to the minimum and the
maximum of the salary ranges and a three percent (3%) COLA for qualifying
incumbents shall be effective the first pay period ending in July of 2018. Qualifying
incumbents covered by the GSAF bargaining unit shall receive a three percent (3%)
COLA provided that the employee's base salary does not exceed the maximum of his or
her salary range for the salary grades established in this section below.
GROUP V
GOVERNMENT SUPERVTSORS ASSOCIATION OF FLORIDA (GSAF)
Grade and Salaries
Grade MinimumAnnualSalarv
15 6W 71.423.28
14 63$20=10 65.734.70
13 58;23439 60.496.33
12 54p5{18 55.673.34
11 49J41=99 51.234.25
10 4W 47.150.36
9 CJW 43.393.26
8 3W7-l.49 39,934.54
7 3ffi 36,751.07
6 32336=57 33.821.67
Maximum Annual Salarv
1{2890,88 1 15,360.91
193p7493 106.166.25
94#5W 97.705.12g7#623 89.915.12
8@ 82.748.05
73pB435 76.152.38
6&94#5 70.085.47
e##+ 64.497.75
s#s4 59.356.88
ffi3 s4,626.39
SECTION 4:REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 5:SEVERABILITY.
lf any section, subsection, clause, or provision of this ordinance is held invalid, the
remainder shall not be affected by such invalidity.
Page 141 of813
SEGTION 6: EFFECTIVE DATE
This Ordinance shall take effect on the_ day of ,2416.
PASSED AND ADOPTED this day of ,2016.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
Page 142 of 813
Resolutions - R7 I
COMI'JISSION MEN,IORAN DU M
Honorable Mayor and Members of the City Commission
Jimrny L. Morales, City Manager
Septenber 27,2016
MIAMI BEACH
TO:
FROM:
DATE:
SUBJECT: A RESOLUTION OF THE IUAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, RAT|FY|NG ATHREE (3) YEAR LABORAGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND THE GOVERNMENT
SUPERVISORS ASSOCTATTON OF FLORTDA (GSAF), OpEtU, LOCAL 100, FOR
THE PERIOD FROM OCTOBER 1,2015 THROUGH SEPTEMBER 30, 2018;AND
AUTHORIZING THE MAYORAND CITY CLERK TO EXECUTE THE AGREEMENT.
RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The City's worKorce is divided into seven salary groups: (1) those covered by the American
Federation of State, County and Municipal Employees, Local 1554 (AFSCME) bargaining unit;
(2) those covered by the Communications Workers of America, Local 3178 (CWA) bargaining
unit; (3) those covered by the Government Supervisors Association of Florida/OPElU, Local
100 (GSA) bargaining unit; (4) those covered by the Fratemal Order of Police, William Nichols
Lodge No. 8 (FOP) bargaining unit; (5) those covered by the lntemational Association of Fire
Fighters, Local 1510 (IAFF) bargaining unit; (6)Unclassified;and (7)"Others" (classified service
employees not represented by a bargaining unit).
Provisions in the October 1, 2009 - September 30, 2012, contracts resulted in savings to the
City of over $15 million between Fiscal Years (FY) 200912C1A and 201012011. Similar
contributions from the unclassified and others salary groups increased the saMngs to $20
million. Many of these concessions were changes to the Miami Beach Employees'Retirement
Plan (MBERP) that resulted in reducing the City's pension contribution both short and long-term.
During the October 1 , 2012 - September 30, 2015 contract period, the fire and police unions
agreed to significant pension reform, which yielded a reduction of $145 million to the City's ARC
over a 3O-year period (2013 net present value). The savings attributed to the 2013 pension
reform have aided in the short and long-term sustainability of the plan.
On September 30, 2015,hhe 2012-2015 collective bargaining agreement between the City and
the GSAF expired. The parties began negotiating a successor agreement on June 24,2015.
After nine (9) formal negotiation sessions, on July 14,2016, the City and the GSAF leadership
Page 521 of 813
reached a tentative three-year agreement for October 1,2015, through September 30, 2018.
The GSAF leadership has scheduled a ratification vote on the proposed agreement on
September 23, 2016. lf approved by the majority of the membership, the result of the
membership vote will determine the effective date for ratification of the three year labor
agreement. The City Commission will be notified of the outcome through a Letter to
Commission (LTC).
The following is a summary of the newly negotiated terms between the parties:
MANAGEMENT R]GHTS
1.3, Job Descriptions: Removes City employment requirement for all bargaining unit positions;
addition of language providing for changes in job descriptions to be subject to impact bargaining
and not the Personnel Board. Effective upon ratification.
5.2, Employee Rights: Notice requirement for discipline resulting in loss of pay extended from
45 days to 75 days of the date when the City is made aware of the event giving rise to the
action, or as soon as possible. Effective upon ratification.
7.1, Normal Workdaytr.4, Reporting Pay: Provides for 10-hour and 12-hour shifts, with the
exception that 12-hour shifts shall only apply in the event of an emergency or as may be
designated by the City Manager. Effective upon ratification.
7.5, Overtime: Employees shall no longer eam compensatory time, effective upon ratification;
me-too proviso with CWA, should it not be eliminated from their labor agreement.
9, lnsurance: Removes requirement that City pay at least 50% of premium subsidy for new
hires, upon ratification; provides for use of employee leave uhen workerc'compensation benefit
is exhausted; provides for cancellation of benefits for non-payment; also, provides for re-opener
if "cadillac tat'' is implemented. Effective upon ratification.
10, Pension and Retiree Health: Retirees who terminate their City health insurance coverage will
be prohibited from retuming to the City's health plans; effective upon ratification.
'11 .3, Work Rules: lncorporates all Personnel Rules into agreement, except when in conflict with
contract provisions ; effective upon ratif ication.
12, Drug and Alcohol Testing: Substances (drugs) tested for increased from ten to 1'1; also,
provides for blood testing. Effective upon ratification.
13, Take Home Vehicle Policy: Provides for take-home vehicle user fee requiring employee
payment al14o/o of IRS mileage rate. Also, employees assigned a take-home vehicle will be
required to purchase auto insurance coverage in the amount of at least $'100,000 at their or.ryn
expense. Effective upon ratification.
cosT-oF-Lrvr NG ADJ USTMENTS (COLA)
8.1, Wages:
Page 522 of 81 3
. 1% 4t112016
.3%71112017
'3o/o71112018
Metoo proviso with CWA and AFSCME if higher COLA increases are negotiated with those
bargaining units.
Removes automatic increase for employees at the maximum of the range whose evaluations
are late more than 60 days; provides for a one-time, non-pensionable payment (FY 2015/16, FY
2016fi7, and FY 2017118), tiered up to 3%, for employees who are at the maximum of the pay
range, retroactive lo 101112015. Also, provides for merit increases tiered up to 3Yo tor
employees who are not at the maximum of the pay range; effective 11112016.
OTHER FISCAL ITEMS
8.3, Holiday Pay: Holiday leave shall count as time worked for the purpose of computing
overtime; effective upon ratification.
8.5, Bereavement Leave: Paid bereavement leave extended from two to four days off if funeral
is held outside the State of Florida; effective upon ratification.
8.8, Uniforms: Number of uniform sets increased from five to six (from four to five uniform sets
for employees wl'to work four-day work week). Uniform Committee shall be comprised of two
GSAF representatives and two management representatives, with the department director
making the final selection of uniforms. Effective upon ratification.
8.21, Skill Pay Supplement: Provides skill pay supplement to bargaining unit positions in the
Building and Fire Departments, as long as the cefification is relevant to the cunent position and
prior approval from the department director is obtained. Effective upon ratification.
8.22, Professional Licenses and/or Certifications: Provides up to 20 hours of compensation
annually for actual training hours related to the renewal/maintenance of licenses or certifications
relevant to employee's current position. Training must be pre-approved by the department
director. Effective upon ratification.
8.23. Florida Department of Environmental Protection "Class 1" Water Distribution System
Operator License: Employees who possess and maintain the "Level '1" Water Certification will
receive an annual supplement of $'1,000, non-pensionable; effective upon ratification.
15, Tuition Assistance: Tuition reimbursement rates increased to the levels recently
implemented for unclassified and "othe/' employees, non-pensionable; effective upon
ratification.
MISCELLANEOUS
8.9, Safety Shoes:Safety Shoe Committee shall be comprised of two GSAF representatives
and two management representatives, with the department director making the final selection of
Page 523 of 81 3
shoes. Employees may receive uniform shoes in lieu of safety shoes, at the discretion of the
department d i rector. Effective upo n ratif ication.
14, MOUs and Side Agreements: MOUs and side agreements will be listed in the labor
agreement.
CONCLUSION
The terms and conditions of the proposed three-year labor agreement between the City and
GSAF results in an estimated impact of $ 68,780 for FY 2015116; $134,280 for FY 2016117;
$293,280 for FY 2017118. The total estimated three-year impact is $4g6,340.
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. ExhibitA to the
resolution is a copy of the proposed labor agreement.
KEY INTENDED OUTCOMES SUPPORTED
Ensure E&enditure Trends Are Sustainable Over The Long Term
Legislative Tracking
Human Resources
ATTAGHMENTS:
Description
o Proposed GSAF LaborAgreement
o Resolution
n E*ribitA
o Exhibit B
o Exhibit C
Page 524 of 813
AGREEMENT
Between
CITY OF MTAMI BEACH, FLORTDA
and the
GOVERNMENT SUPERVISORS ASSOCIATION
oF FLORIDA, OPEIU, LOCAL 100
Period Covered
October l, ?$12ffi1o September 30, 2e$2Q18
GSAF - 1
Page 525 of 813
TABLE OF CONTENT
Page
ARTICLE 1: RECOGNITION
Section 1.1. Representation and Bargaining Unit...................... .................................6
Section 1.2. Llnit Desctiption.......................... ...................................6
Srcti,rn l.-1 L>b l)escriorions
ARTICLE 2: DEDUCTION OFASSOCIATION DUES
Section 2.2. IndemniEcation ..................................7
ARTICLE 3: MANAGEMENT RIGHTS.. ......................8
ARTICLE 5: ASSOCIATION REPRESENTATION AND EMPLOYEE RIGHTS
Section 5.1. Association Representadon ............ 10
Section 5.2. Emplovee Rights ................ .............. 1i
ARTICI-E 6: GRIEVANCE PROCEDURE
Section 6-3. Special Provisions-.-................-.... ................................. 1 4
Section 6.4. Election of Remedies...... ................. 16
Section 6.5.
Section 6.6.
GSAF.2
Page 526 of 81 3
Section 8.1 7. Essential Persomel (Hurricane P"l) ..............................-............ 30
Section 8.22 Professional Licenses rnd./or Cettii.icafions-.-..........
Section 8.23 Fkrtida Derpartment of Envinrnmcntal Pnrrection "Class l" Vater Distribution S,vstcm* @()n,,rrtr'r I ir..n.r.
ARTICI E 10: PENSION AND RETIREE HEALTH... ........................36
ARTICI-E 12: DRUG & ALCOHOL TESTING....... .............,..................42
ARTICLE13: TAKEHOilfEYEHICI-EPOLICY...........--...............................................
ARTICI-E 14: LIOUs AND SIDE AGREEMENTS...".........................................................
GSAF - 3
Page 527 of 813
44
ARTICLE15EITERM OF AGREEMENT
45
EI-ECTTON OF REMEDY FORM ............. .......................47
DRUG AND AI.COHOL TESTING MOU...
THIS AGREEN{ENT, rl'as made and entered into on t}ris _ day of
2+132010, by and betu.een the CIfi OF N{IA}[ BEACH, FLORIDA (hetein ca11ed the "Ciry"), and the
Government Supenisors Association of Florida, (GSAD OPEIU, Local 100, fterein catled the "Association').
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P REAMB LE
WHEREAS, the Association has been selected as the sole and exclusiye bargaining representative bv a
maioriry of the emplol,ees ser forth in the Recopgridon Anicle, and has been recognized bv the City putsuant to dre
larvs of Florida as the sole and exclusive batgaining representative for said emplovees;
WHEREAS, the Ci6, and the Association have r.'oluntarilv endorsed the ptactices and procedures of
collectir.e bargaining as a fait and orderlv u'ay ofconducting telations between the Ciqr and the employees covered
b1.'this Agreement insofar as such practices and procedures ate appropriate to the obligations of the Ciw to
effectir.ely operate the various depattmeots of the Citr. and are consonant v'ith the parxmounr interests of the
public;
WHEREAS, it is the intention of the parties to this Agteement to provide, rvhere not otherq,ise mandated
by Statute, for the sala4' schedule, fringe benefits and conditions ofemplovment ofthe emp.lovees covered by this
Agteement, to provide for the continued and efficient operation of the various departments of the Cir,v, and to
provide an orderly and prompt method ofhandlhg and processing grievances;
NO\V, THEREFORE, the parties agree u'ith each other as follorvs:
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ARTICLE 1
RECOGNITION
Section 1.1. Reptesentadon and Bargrining Unit. The Cigv recognizes the Association as the sole and
exclusive representative ofall emplovees in the unit described belou'.
Section 1,2. Unit Description. A11 supewisory emplol.ees of the City of Miami Beach in the follou'ing
classificatioos, ercluding all othet emplovees employed by the Cir.v of N{iami Beach.
Air Conditioning Supervisor Parking Operations Supenisor
Backflo,,v Coordinator Plumbing Supewisor
Beach Patrol Operations Supervisor Pumping Operations Supenisor
Carpenter Supervisor Recreation Supen'isor I
Central Sen ices Supenisor Saniration Operations Superisor
City Survel'or Senior Building Inspector
Communications Supen isor Senior Engineering Inspectot
Crime Scene Supen'isor Sen'ice Supervisor
Electrician Supen-isor Sewet Field C)peradons Supen'isor
Electronics/Instruments Supervisor Stteet Lighting Operations Supenisor
Fleet Operations Supen'isor Street C)peration Supetvisor
Lead l\{echanic \Yarehouse Supenisor
-\leintenance Supenisor \X'ater Field Operetions Superuisor
il[etered Sen*ice Supen'isor \\rater N{eter Superisor
Paint Supen'isor 911 Communications Records Custodian
P:rrk Operations Supen'isor
The City and the Association agre€ that in the event the Ciry substantially changes a job classiEcarion rvhich
remains w'ithin the bargaining unit or combines iob classifications s,ithin the bargaining unit, the Ciqv v'il1 batgain
rvith the Association upon ttreir request concerning the appropriate rate ofpay lbr the new, changed, or combined
iob.
UndI agreement is reached or impasse is resolved, aft'ected employees will be paid as determined bv the Citv.
Upon ageement as to the rate of pay fot the nerv, changed, or combiled )ob(s), the agreed rate shall be retroacrir.e
to the date that the Associationrs request fot negoriation rvas received bv L.lanagement.
The Ciw a€Fees tr: proride the Union v-ith a pedodicallv updated l.ist of emplovees who have been hked, promoted
and/or transfered into positions that are u,ithi! the bargaining unit.
The parties agtee that they *'ill periodicallv review the job classifications and, ifappropriate, tile a joint perition to
Public Emplovees Relation Commission (PERC) to detetmine
"vhich
positions should be included or excluded
I from the bargaining unit.
I
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Section 1.3. Job Descriptions. The pardes agtee that an)'chan{}es in the iob descriptions fcrr all positions in the
bar:_{ainin$l trnit are sublect to impact bargrinins and n<it tl-re Personnel Roarcl. Further. an}'Frovision in the iob
desctiptions for all bar$linin.g unit pr.rsitions requiring Citi' emplo]'nrent shall be removcd eftective upon
ratification,
ARTICLE 2
DEDUCTION OF ASSOCIATION DUES
Section 2.1. Check-off. l,lpon receipt of a lau'fully executed rvritren authorization from an emplovee, rvhich is
presented to the Citr. bv an official designated bv the Association in writing, the City agrees during the term ofthis
Agreement to deduct the uniform biweeklv Association dues of such employees ftom their pav and remit such
deductions to the Association Treasuret together u'ith a list of the employees from .whom deductions rvere made;
pror-ided, however, that such authorization is revocable at the emplovee's will upon thirq' (30) davs wrinen notice
to the City and the Association. The Association will notify the Citv thinv (30) days prior to anv change in its dues
structure.
OnJanuafi 1 of each veat of this Agreement, the Association v'ill remit to the Cit)' $100.00 as an administrative
fee for the collecdon of dues bv the Cin.
Seetion 2.2. Indemnification. The Association agrees to indemnify and hold the Ciw hartnless against any and
all claims, suits, otdets or judgments btought or issued against the City as a result ofanv action raken or not taken
by the C.ir.v under the provision ol this Article.
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ARTICLE 3
MANAGEMENT RIGHTS
It is recognized that, except as stated herein, it is the right of the City to determine unilaterally the purpose ofeach
of its constituent agencies, set standards of sen'ice to be ofiered to the public and exercise conttol and discretion
over its organization ancl operadons. The Association recognizes the sole and exclusive rights, powers, and
authorities of the City further include, but are not limited to, the follov'ing: to direct and manage employees of the
Cigv; to hire, promote, transfer, schedule, assign, and tetain emplo-r.'ees; to suspend, demote, dischalge or take other
disciplinary action against employees for fust cause; to relieve emplo).ees fron.r duq'because oflack ofrvork, funds
or other legitimate reasons; to maintain the elficieocv of its operatioas, including the right to contracr and
subcontract existing and future rvork; to determine the duties to be included in job classiEcations and the numbers,
wpes, and grades of positions or emploliees assigned to an organizational unit, department, or project; to assign
overtime afld to detennine the amount of overtime required; to control and regulate the use of all its equipment
and propertl; to estabLish and require emplovees to obsen'e all applicable rules and regulations; to conduct
performance eva.luations; and, to determine internal security ptactices; provided, horvever, that the exercise ofany
of the above tights shall not conflict u,ith anv of the e-xpress rvritten provisions of this Agreement. The
Association, its officers, agents, and members agree that they will not interfere u'ith i\{anagement in the
performance of its duties.
The City agrees that, prior to laloff of bargaining unit members, it u,ill advise the Associadon.
If, in its sole discretion, fie Citv determines that emergencl,' conditions exist, including, but not limited to, riots,
civil disotdets, hurricane conditions, or similar crtastrophes, the provisions ofthis Agreement mav be suspended
by the City l'lanager or his/her designee during the time of the declared emergencv, provicled that wage rates afld
monetar). fringe bene6ts shall not be suspended.
Should an emergency arise, the Association President shall be advised, as soon as possible, of the nature of the
emergency.
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ARTICLE 4
PROHIBITION OF STRIKES
No employee, Association olficer or agent shall instigate, promote, sponsor or engage in anv strike, slou'down,
concerted stoPPage of work or any other intentional intem:ption of the operation of the employer, regardless of
the teason for doing so. Any and all emplovees w'ho violate anv of the provisions of this Article may be discharged
or othenvise disciplined bv the City. Such discharge or discipline shall not be the subject of anv grievance
ptocedure or appeal procedure provided in the Agreemenr, except as to the question of fact.
In the event of a strike, sloiv dorx,n, concerted stoppage of u'ork, or other intentional interruption of the
operations of the emplovet, regardless of teasons for doing so, the Association shall take direct and immediate
action to the fullest extent of its power to bring about a cessation of such actirities.
The emplovees and the Association, individually and collectively, tbund to be in violation of this Article shall be
liable fot anv damages or costs which might be suffered by the Ciry as a result of a violation of the provisions of
this Article, in accordance with larv.
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2)
3)
ARTICLE 5
ASSOCIATION REPRESENTATION AND EMPLOYEE RIGHTS
Section 5.1. Association Representation
1) The Association may seiect up to four (4) employees from within the bargaining unit to act as
Representatives. The Association rvill make a good faith effort that each employee comes from a
different division and/or work unit. The names of Association Representatives shall be certi{ied, in
writing, to the City Manager and/or his or her designee for Labor Relations, as well as to concemed
Department Directors. \Yith the priot approval of concemed supen'isors, the four (4) Representadves
may use union time bank hours to attend grievance meetings, pre-discipline investigation meetings, and
labor/management committee meetings without loss of pay for time spent during the Reptesentarir.e's
tegulat rvork schedule. No more than r$,o (2) Representatives mav use union time bank hours at the
same time. union The supen'isor's approval n-ill not be unreasonablv rvithheld; provided, hov'ever,
Representativ-es *ill conduct rh& business so as to flot disrupt the normal activities of Ciry Departmenrs.
Representatives are required to return to work and noti$ their supenisot immediatel.v follorving or as
soon as practicable after anv such meeting being attended.
Up to four (4) emplovee members of the Association's bargaining team may attend contract negotiation
sessions r*'ith the Citv duing their assigned work hours.r,ithout loss of pay. Each employee must come
from a diffetent division and/or u,ork unit ti,ithin the emplovee's department,
The Association mav designate tu'o (2) emplor.ees to attend City Commission meetings, Personnel Board
Meerings, Pension Board Nleetings ot other Citv meethgs rx,-hen a matter directlv relating to the Collective
Bargaining Agreement is on the Agenda of the City meeting during his/her regular'"vork hours u'ithout
loss of pav, provided that neither Representative shall attend the same meeting as the other
Representative at the same dme. Prior approval must be given bv the Representative's supenisor. The
Representative is tequired to return to v'ork and noti$ their supervisor immediately or as soon as
pmcticable after the particular matter relating to the Collecdve Bargaining Agteement has been addressed.
Anv absence ptovided fot herein shall be subject to the prior \witten request bi.'the Representative at least
tw-entJ'four hours prior to such meeting and tequires the approval of the employee's supenisot. The
supervisor's approval will not be unreasonably withheld; provided, horv€\rr Representatives v.il1 adhere to
the afotementioned request notification procedures. Emplovees sha11 not be paid overtime for attendance
at anv meeting discussed in this Article. Approval to attend emergenc,li meetings may be gtanted I'erbally
and within the rw-enry-four (24) hour timeftame.
A ma-rimum of two (2) delegates of the Association's four (4) Representatives u,ill be granted a leave of4)
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absence rvith pa!' oot to exceed 6ve (5) business days per delegate (for a total of ten (10) business davs)
per calendar year, for the putpose of attending State and Internadonal union con entions. The nvo (2)
delegates shall not be ftom the same division and/ot v'ork unit. Leaves of absence shal1 not exceed ten
(10) business da,vs in total in afly calendar year. Business days shall be defined as N'Ionday through Fridav,
excluding Citr. recognized holidays and are not permitted to be taken in any nvo (2) consecutive
rvotkweeks. All re<luests for leave shall be submitted to the OfEce of Labor Relations by the
Association's President. The Association's President shall provide supporting documentation for the
dates and locations of an!' such conr.entions a minimum of eight (8) weeks in advance for any leaves of
absence requested. The Office of Labor Relations shall fomard all granted leaves of absences to the
apptopdate depatunent director and/or direct supen'isor so that the deparmrent directors can make
appropriate arangements.
5) The Association shall have the right to send one (1) ofits iour (4) designated Representatives authotized
u'ith pav to attend and participate in Cirv-u'ide emplol'ee orientations for nes' hires whose classification
is represented bv the Association, ptovided that attendance is only permitted for the portion of the
Ciwwide emplovee odentation where Collective Bargaining Units are permitted to addtess the attendees.
The Representative is required to return to rvotk immediately or as soon as practicable aiier the
panicular matter relating to the Association has ended.
Section 5.2. Emplovee Rights.
1) An emp1o1'ee is entided to request that a single Association Represeotative be permitted to attend all
3)
formal intenierr.'s where the Citl,"'s representarive intends to gain information from the emplovee being
inten'ierved that may result in disciplinarl'action against the emplo1'ee. The emplovee sha[[ be intbrmed
ofthe natute ofthe inten iew, the alleged conduct being investigated, and if requested b1,'the employee,
given a reasonable period of time priot to the intervierv to contact an available Association
Reptesentative, provided that the interv'iew is not reasonabl,v delaved.
No disciplinary action rvhich tesults in loss of pav shall be taken against an emplo,vee unless he/she is
notified of the action and the reason(s) for such tecommended action given in v'riting prior to the
action. Notice in *'riting shall be given to the employee as soon as practicable but no more than fuF
+i*sg:s-off=t!s (*5lj) days after the date rvhe n the ( .irl' is rnrrle at :re ol'rJle alleged incident g'ivin!, rise
ILrlte ecri,rrr. alons with a cops prol"ided to rhe Associarion.
Nlanagement will adhete to ptogressive discipline *'here appropriate.
\Yritten "r'erbal .r'arnings" shall not be kept in an emplovee's personnel t'ile maintained in Human
Resoutces unless it is a document supporting formal disciplinary action (i.e. suspension/termination). If
2)
4)
GSAF - 11
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s)
6)
7)
an emplo!-ee receives nvo (2) or mote written verbal v'arnings for a similar action and/or behar-ior
during the time period being assessed for the emplovee's Annual Performance Evaluation, the written
verbal warning shall be used in that patticular employee's Performance Er.aluation.
No emplorree shall be tetaliated against or threatened with retaliation by reason of the employee to
exercise their rights set fofih in this Agreement.
The City and the Association agree not to interFere with the rights of an emplovee to become or not
become a member of the Association.
Llpon reasonable request, an emplovee shall have the right in the presence of the appropriate
tepresentative of the Citv, to revierv and copv all or a portion of the employ'ee's ofticial records which
are a part of the emplovee's personnel file maintained by Human Resources or the employee's personnel
frle maintained by the emplovee's Department. The Cit1.' mav charge a reasonable fee for copf ing in
accordance rvith Chapter 119, Florida Statutes, but under no circumstances u'ill the Cit,v charge the
employee for labor tees associated u.ith the re<guest.
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ARTICLE 6
GRIEVANCE PROCEDURE
Section 6.1. Purpose. It is recognized that complaints and gtievances mav arise between the bargainingagent
and the emplol'er or between the emplover and any one or more employees concetning the application or
inteqpretation of anv provision of this Agteement. The employer and the bargainiflg agent desire that these
grievances and complaints be settled io an orderly, prompt and equitable manner so that the efficiencv of the City
of N'Iiami Beach may be maintained and the morale of employees not be impairecl. Errr,v effort v"ill be made by
the employer, emplol'ees, and bargaining agent to settle the grievances at the lou'est level of supervision. The
initiation or presentation of a gdevance bv an emplovee vrill not adversely affect his/her standing *'ith the
emplovet. Furthet, it is agteed that the Association may ptocess grievances, advise, or participate in meetings or
inteniews on behalfof its membets, subject to the provisions of this Aggeement or as otherwise provided for
under State and/or Federal las,.
No reptisals of anv kind q'ill be made bv agents of the City against the grievant(s) or the Association's
Reptesentatives by reason of such participation in the processing o1- their grievance. Similarh', the Association, its
officers or agents, shall not impede, malign, or delay the Cirl or Nlaflagementrs representatil'e in their duties during
the investigation or processiog of said grievance.
The parties agtee that the gdevance/arbitration process set forth in this Agreement shall be the sole and exclusive
method of resoh'ing all grier,ances b.v bargaining unit emplovees. Emplovees covered by this Agre ement shall no
longet be able to tile an appeal ot ppievance via the Ciqr's Personnel Board procedure for any issue/matter, and the
parties agtee that dre Personnel Boatd shall not have any jurisdiction to hear any grievance or appeal filed bv the
bargaining unit or any bargaining unit emplovee tegarding discipline or any other issue or matter.
It, during the term of this Agreement, the Citv creates an alternative dispute resolution process, rhen the pamies
agtee to meet and discuss whether that alternative dispute resoludon process may be used bv the bargaining agent
and/otbxgaintng uait emplovees r.ia a binding Election of Remedies in lieu olthe contractual grievance process.
Section 6.2, Definitions.
a) Crievance - a grievance is a dispute involving the inrerpretation or application of the express
terms of anv provision of this Agreement, excludiflg mafters not covered bv this Agteement or
where Petsonnel Board rules and regulations are involved. Disciplinary actions, including
discharges, mav be grieved undet this Article, as provided herein. Grievances regarding cerrain
non-disciplinarv mafters, such as disagreements as to the meaning or application ofor changes to
Personnel Rules or other work rules ot policies, ma.v be filed by the bargaining agent ria the
contractual grievance piocess, pror.ided hov'ever, that such grier.ances shall be eligible for
C}SAF - 13
Page 537 of 813
processing onlv to Step III ofthis grievance process, and that the Citv l\{anager's (nr designee's)
decision at Step III shall be final and binding and shall not be subiect to arbitration or anv other
further appeal. Gtievances regarding questions ot-other non-disciplinary/contract inteqptetation
matters shall be subject to the requirements of this grievance and arbitrator procedure.
Aggrieved Emplol'ee(s) - the employee(s) filing the grievance or causing the grievance to be filed.
Immediate Supen'isor - the individual having immecliate superv'isorv authodty over the aggrieved
employee(s).
b)
.)
d)Division Head - the head of the division in which the aggrieved emplovee(s) rvorks
e) Department Head - the head of the deoartment in rvhich the assrieved emolovee(s) u'orks.
Dal's - da.vs as teterred to as time limits herein shall mean rvorking davs (i.e., Nlondal' through
Friday, exclusive of scheduled holidays).
Secdnn 6 1 Snecirl Prnvisinne
a) The time limits set forth herein ma,v onlrv be extended and/ot modified by s,ritten agreement.
The City N{anager ot designee ma! agree to a written extension of the grievance time limits, on
behalf o[ the Cit1,, at any step in the grievance process.
If the emplover l'iolates any time limits, the bargaining agent ma,y advance to the next step
u.ithout rvaiting for the emplol'er's response. If the Association or the grievant(s) fail to initiate
or mot'e the grievance through the grievance procedure, in accordance u'ith the time limits ser
forth herein, it sha11 be deemed untimely and considered u,ithdras,n.
The parties acknorvledge that, as a principle of interpretation, emplol"ees are obligated to work as
directed while gtievances ate pending; except rvhere the safety of a workinll condition or hcalth
of the employee(s) is the basis of the gdevance.
The aggtieved emplo,vee shall be allowed to be present at the various formal steps of the
grievance procedure, including arbitration, To the cxtent said emplo_vee is on his/her regular
wotk schedule, he/she may attend rvithout loss of pay fot those actual hous duting their regular
s,otk schedule.
.) The Association shall designate in wtiting to the Citl the name of one individual who shall be
b)
c)
d)
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Page 538 of 813
d
designated as the ChiefStes'ard, rvhose function shall be ro assist the bargaining unit members in
the processing of complaints and grievances under this procedure. In order to investigate,
discuss and process grievances, the Chief Stewatd must request and receive u,ritten permission
tq.enw-four (24) hours in advance but it mav be less than nvent)'-four (24) hours in emergencies.
Pursuant to Section 5.1 (1) hetein, the Chief Grievance Representadve is required to return to
vt otk and nodfy theit supenisor immediately following or as soon as practicable after anv such
meeting being attended for grievarrce matrers.
An emplo,vee may fequest Associadon representation in accordance rx,'ith the prolisions of this
Agreement at each and every step of the grievance procedue set forth in this Agreement.
The bargaining agent, in accordance u'ith its ou'n larvful internal tules, shall have the sole and
exclusive right to determine ,"\'hether any grievance warrants processiflg through this arbitrarion
procedure. In the event the batgaining agent determines at afly step of the grievance procedure
that a grievance does not warrant processing, a ."vritten notification ofthat determination shall be
sent to the City l\{anager's designee for Labor Relations, with a copy to the employee(s) involved
,r,ho shall then be free to ptocess it themselves or through legal counsel up titough Step III only
(except in cases oi ceftain disciplinary actions as noted herein).
If the bargaining agent has declined to process ot fufiher process an.v gtievance presented to it,
and if any employee, or lfoup of emplo.vees, desires to process it or lunher process their own
grievance through this procedure (subiect to the limitations set forth herein), the batgaining
agent shall be sent copies of all wrinen commuoicadons sent by'the emplover or the emplolee(s)
involved. Futher, nothing herein contained shall be construed to prevent any public employees
from representing, at any time, their ou.n grievance in person or bv legal counsel to the emplol'er,
and har.ing such gdevance(s) adjusted witirout the inten'ention olthe bargaining agenq provided
however, that the adjusrmerit is not inconsistent with the terms of the collective bargaining
a€feement then in effect; and provided t-urther that the bargaining agent has been given notice
and a teasonable opportuniw to be present at an), meeting called for the resolution of such
grievances.
The bargaining agent shall not be responsible for anv costs (including arbittation costs) attendant
to the tesolution of any grievance(s) it has not processed.
The parties acknos'ledge that multiple grievances mav be corrbined at any stage of the grievance
procedure where the class ofapgrieved emplovees is clearly defined and the subiect mater ofthe
grievances is the same or similar.
h)
C}SAF - 15
Page 539 of 813
k)At Step I, all formal grievances shall be ptesented on the Grierance Form ptovided by the Cin'.
The pgievance shall include the date of the alleged violation, the specific article ancl secrion
gtieved;abriefdescriptionofthegrievance,andtheremedvrequested. TheElectionofRemedy
Form shall be attached to the Step I grievaoce,
Verbal warnings may be grieved onl,v through Step I of this procedure. Itr(ritten warnings may
only be gtieved through Step II oFdris ptocedure.
Section 6.4. Election of Remedies. It is agreed bv the Association that emplol'ees covered by this Agteement
shall make an exclusive election of remedv prior to fiiing a Step I grievance or initiating action for redress in an,v
other forum (to the extent that an). other such process is available). Such choice of remedy u,ill be made in uriting
on the Election of Remedv Form to be supplied bv the City. The Election of Remedv Form u'ill indicate whether
the aggdeved partl or parties wish to urilize the p5rievance procedur€ contained in the Agreement ot initiate acdon
for tedress before a govetnmental board, agency, or court proceeding (to the extent that such other process is
available). Selection of redress other than through the grievance procedute cootained hetein shall preclude the
aggtievedparworpartiesfromurilizing5fi6grievanceprocedureforadjustmentofsaidgrier-ance. Ifapplicable,
the Election ofRemedy Form shall be attached to the Step I grievance.
GRIEVANCE STEPS:
STEP I
a) The grievance shall be filed rvithin fifteen (15) days olthe alleged violation, misinterptetation or
misapplication of the tetms and conditions of employment set forth in this Agreement,
b)
c)
The grievance shall be Ftled v"'ith the clivision head in uriting, on the Grievance Form as provided
by the City, and as agreed herein, and sha1l state the specific article, section and language alleged
to have been violated. If applicable, the Election o[ Remedv Form shal] be attached to the
grievance.
The division head or his/her designee shali note the date of receipt of the grievance on the
(]rievance Form, antl shall schedule a meering with the agpieved employee to take place rvithin
ten (l 0) days of receipt oi the grievance.
\[rithin ten (10) days of the meeting, the division head shall tender a decision and shall
immediatelv communicate that decision in g'titing to the aggrieved emplol,-ee, the bargaining
agent, the department head and the Ciw Nlanager's designee lor Labor Relations.
d)
GSAF - 16
Page 540 of 813
e)The aggtieved employee(s) and/or the bargaining agent mav appeal the decision of the division
head u'ithin ten (10) davs of receipt ol the decision.
The appeal shall be submitted in v-riting on the Grievance Form to the depatmrent head. Failure
to appeal the decision ofthe division head *ithin ten (10) days shall constitute acceptance bv the
aggrieved employee(s) and the batgaiaing agent ofthe decision as being a final resolution ofthe
issues raised.
If the aggpieved emplo,vee(s) appeals the decision, the depanrnent head shall schedule a meeting
to take place not more than ten (10) days after receipt of the appeal. The bargaining agent shall
be advised in v,riting as to the date ofthe proposed meeting, and shall have the right to send one
(1) observer to the proceedings if the batgaining agent is not invoh-ed in the actual
representation of the aggrieved employ'ee(s),
\Yithin ten (10) da,vs of the meeting, the department head shall render a decision and shall
immediately communicate that decision in writing on the Grievance Form to the aggrieved
employee(s), and to the bargaining agent and the Ciqv Nlanager's designee for Labor Relations.
The aSgrieved emplol'ee(s) may appeal the decision of the department head within ten (10) da,vs
of receipt olthe decision. The appeal shall be communicated iorvriting to the Cin N{anaget or
his/her designee for Labor Relations on the Gtievance Fotm and shall include copies of all
pertinent documentation. Failute to appeal the decision of the department head vithin ten (10)
days shall constitute acceptance bv the aggrieved employee(s) and the bargaining agent of the
decision as being a fmal resolution of the issues raised.
If the appgieved emplo,vee and/or a Represefltative olthe bargaining unit appeals the decrsron,
the City l\Ianaget, ot his/het designee for Labot Relations, shall schedule a meeting u'ith the
aggrieved emplo,vee to take place rvithin fifteen (15) da-vs after receipt of the appeal.
Yithin filteen (15) dap of the meeting, the Ciqv N{anager or his/her designee for Labor
Relations shall tendet a decision and shall immediately communicate that decision in writing to
the aggrieved employee and the bargaining agent.
Failure to appeal the decision rendered in Step III within tifteen (15) da,vs (for matters that are
subject to the arbitration procedure) by notice of intent to submit to atbitradon shall deem the
STEP II
")
STEP III
")
b)
.)
b)
.)
C}SAF. 17
Page 541 of813
decision at Step III to be final and no further appeal *ill be putsued.
Section 6.5. Arbittation. If the emplol'er and the a&qrieved employee(s) and/ot the bargaining agent fail to
resolve the grievance, the grievance may be submitted to final and binding arbitration by an impartial neutral
mutuallY selected bv the parties, provided that the grievance involves a matter that is subject to the arbitration
process. However, the parties agree that the bargaining agent maintains the exclusive right to determine whethet
anv grierance concerning a non-disciplinary matter (that is outside the scope ofSection 6.2 (a)) should be taken to
arbiffation under this procedute, In cases involving the issuance of certain disciplinary actions (i.e., only
suspension s.ithout par', disciplinan'demotion, or tetmination), the parties a€iree that an indir.idual emplovee who
is not represented by the bargaining agent mav elect to proceed to atbittation under this procedure, provided that
the emplovee shall be responsible fot ail costs and fees related to ptesenting his/her case.
a)Notice of intent to submit the grievance to arbitration shall be communicated b_v the office of
the Association President in wdting to the oifice of the Ciry Managet's designee for Labor
Relations rvithin fifteen (15) davs of the receipt ofthe decision at Step III. Any request to go to
arbitration on behalf of the employer is to go to the Association President.
V'ithin fourteen (14) da-vs afterv.ritten norice of submission to arbiradon, the parties will a€fee
upon a mutually acceptable arbittator and obtain x commitrnent from said arbitrator to seflre,
If the parties are unable to agree upon an atbittator ot to obtain such a commitment within the
specified tirne, a request for a list of five (5) atbitrators shall be submitted to the Federal
N{ediation and Conciliation Seruice. Both the City and tle Association shall have the right to
strike names from the panel. The sttiking ofnames from the list ofproposed arbitrators shall be
accomplished by having the panies alternately ctoss out narnes on the list.
The arbitrator shall be notified ofhis/her selection within five (5) days b.v a joint letter from dre
Citv and the Association requesting that he/she set a time and place for a meeting subject to the
availabiliw of the City and the Association.
The atbitrator shall have no tight to amend, modify, ignore, add to, or subtract tlom the
provisions of this Agreement. He/She shall cons.ider and decide only the specific .issue
submined to him/het in writing by the Cifl, and the Association, afld shall have no authoriry ro
make a decision on any other issue not submitted to him/her. The arbitrator shall submit in
writing his/her decision within thirw (30) days tbllowing close of the hearing or the submission
of briefs by the parties, rvhichever is later, provided that the parties mxy mu&ally agree in rvriting
to extend said limitation. The decision sha1l be based solely upon his/her interpretation of the
c)
b)
clsAF - 18
Page 542 of 813
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.
All arbitration costs, including the cost ofstenographic teporting ofthe arbittation hearing, if
ayeed to bv the parties, shall be divided equallv betureen the employer and the bargaining agent
(ot the employee in cases rvhere the bargaining agent is not representing the employee). Each
paq.' will Pa!" the cost of presenting its own case, including the cost of attomey fees ancl
witnesses.
Section 6.6. Differences Concerning Personnel Rules. A difttrence of opinion u'irh respect ro tJre meaning
or application of the Personnel Rules rvhich ditecdy affects v'ages, hours, or w,orking conditions may be submitted
thtough Step III ot- the grievance process as set forth in Section 6.2 (a). The Personnel Rules are incorporated
herein, unless othern'ise specificallv provided for in this agreement.
GSAF - 19
Page 543 of 81 3
ARTICLE 7
HOURS OF WORKAND OVERTIME
Section 7.1. Normal Wotkday. The normal workdav shall consist of eight (8). ten (1f)) or tueh e (12r hours of-- -
s,ork, exclusive of the lunch period, in a twentr,'-four (24) hour period, unless some otherrvotkdays are specifically
authorizcd by the City i\{anager. Enrpl, r!'ces 5ha1l bc assisn((l hvch'e f I f ) hour u ork.lirvs enlLdg!1lglEggg!!!
sirurtic>ns ancl/or snrcirl clents. as dccl:rcd bt the (irtv ll.rnrcr or his/hrr c{csiunce.
Section 7.2. Normal Workweek. The normal s'orkweek shall consist of forty (40) hours pet rveek, and such
additional time as may, from time to time, be re<luired in the judgment of the Cih' to serve the citizens of the Ciqv.
The workweek shall begin u.ith the emplovee's first regular shift each week.
No schedule changes involving shifts or da,vs off shall be made s.ithout at least ten (10) *'orkda]'s' nodce ro the
employees involved, provided that in an emergency, or other such reason justifying a temporary scheclule change
.l;r"rl
".,t.e as is practicable shall be given. The implementation of this provision shall not be arbitrafl, and
Section 7.3. Rest Periods. En-rplo,vees mal. take a rest period of fifteen (15) minutes for each half-dav of rvork.
Dailv rest periods shall be scheduled bv the supenisors. \f,/heneverpracticable, the restperiod iiill be scheciuled
apptoximately mid-point in the first one-half of the employee's regular u,ork shift and in the second half of the
emplol'ee's tegular :*'ork shifr. Emplor.ees rvho extend their rest period are subject to disciplinary action.
Horrever, upon the request ofan employee and srith the approval ofthe emplovee's supen-isor, the tu'o (2) fifteen
(15) minute rest periods, may be combined '"vith the employee's thirtv (30) minute meal break, providing fot a sixty
(60) minute meal break. Should such occur, no additional rest periods *'ill be provided to the emplol.ee during
their regularlr scheduled shift.
For each additional four (4) houts worked beyond the regular shiti, an additional fifteen (1 5) minute rest period
shall be provided.
Emplovees in PSCU shall enioy a fifty (50) minute meal break and a tefl (10) minute rest period s.hich, upon
reque st of an emplol'ee and rvith the approval of the supervisor, s,iil be combined into a sixtv (60) minute meal
break. The combiaed sixty (60) minute meal break is ptovided in lieu of, not in addition to, rhe rivo (2) tifteen (15)
minute rest periods.
Section 7,4. Reporting Pay. A full-drne emploree who repons ro rvork as scheduled will be guaranteed eight
(8). tcn (l()) r>rnreh'c {Ilt hours ofu,ork oreight (8). tsn (lU) rrrtt'clvc i l2\ hoursoipar,;provided,hou"ever,that
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C}SAF - 20
Page 544 of 81 3
superi'isots mav assign emplo\iees to perform any reasonable \\,ork.
Section 7.5. Ovetirne. It is understood that the Citv may require necessary and reasonable overdme for unit
members. Where emplovees ate eligible for ovettime pay undet the Fair Labor Standards Act f15A), for a.ll
hours rvorked in excess of fort1, hours during an emplovee's rlotkv'eek, the City will pay the employee one and
one-half {l-1/2) times the employee's straight time hourly rate of pay.
Annual leave, Holiday leave, and other paid ieave shall be considered as dme w'orked for the purpose of
cornputing ovettime; but sick leave shall not.
Eflective Octobet 1, 2013, only actual hours rvotked shall be considered for the purposes ofcomputing overtime.
Paid leave, including but not limited to annual, he{idnt, sick, familv and medical (F}ILA), birthday, floater,
berearement. conloensatorr and administrative leave shall not be considered as dme rvorked for the oumose of
computing ovettime. This provision shal1 take effect ptovided the same terms are accepted by or imposed upon
the American Federation of State, County and N{unicipal Employees (AFSCN{E) Local No. 1554 collective
bargaining unit in its 2013-2016 collective bargaining agreement. F,ffective Lrpon rntificatioil o[this Agre€n1eflt.
holiJl] le;tte shall count rs rime uorked tot the Furposc ot'comptrtinq orerdme.
For all hours s'orked on an employee's seventh consecutive workda,r'within his/her worku'eek, the Ciry shall pav
nvo (2) times the employee's sffaight time houtly rate of pay, provided the employee has v'otked his/het tull shift
on each of the six (6) preceding rvorkdavs; provided that paid leave will not be considered as time v'orked tbr the
purpose of this Section, v.ith the exception of the Public Safew Communication Unit (PSCU).
This ptovision shall not be applicable if a substantial numbet of employees ate scheduled to l'otk seven Q
consecutive rr,-orkdavs because of an emergency such as a hurr.icane-
F,ffecriveuDonritificarionofrhis.\qeemcnrbr-theoarties enroloreesshril nolonpererrnrcornoensaronlcareirt
lieLr of the pr),ment of overtime. This Frovision shrll trke cffect providecl the same terms arc rcceptcd bJ' or
inrposud ufon thu (l,rmmunicrti,rns \\irrktrs of .\muric:r ((-\\'.\) Locrl \o. 3l-$ c,rllccrir,e brrgrnin!-t trnit in its
2ttl 5-2018 collecrir e hrrgainirrg r.greemenr.
Section 7J6. Distribution of Overtime Opportunity. Opporluniw ro $'ork overrime shall be clistributed as
equallv as practicable among employees in the same jr:b classification in the same u'ork section and area stxrting
v'ith the most senior emplovee, provided the emplovees are quali{ied to pertbrm the specific overdme'fiork
(;SAF - 21
Page 545 of 813
requifed.
Seniority for the purpose of this subsection shall mean length of continuous service with the City.
Overtime opportr:nities shall be accumulated on adequate records (rvhich shall be available to the emplol,ees) and
offered overtime not worked shall be considered as worked in maintaining these tecords.
Ifany qualified emplol'ee establishes that he/she has not received his/her fair shate ofovertime opportunities,
such emplovee shall har.e fitst preference to future rveeklv overtime $'ork until reasonable balance is recreated.
Emplovees rvho have been credited for ol'ertime hours not worked sha-ll not be discriminated against with respect
to future overtime oppor"runitles.
Section 7.7. Call Back Pay. An emplovee u'ho is scheduled or called in to rvork outside of his/het nomal
hours ofu.ork rvill be guatanteed lbur (4) hours of$,ork or (4) four hours ofpay. It is understood that call-in pay
shall not ovetlap nith an emplovee's regularly scheduled shift.
Section 7.8. (a). Stand By Pay. Emplovees erpressly assigned to srandbv sterus shall receive two (2) hours of
straight rime as a Standbv bonus for each dav of that assignment. Emplovees u'ill not be paid both the Standbl'
bonus and Call Back pav for the same day (i.e., if called in while on Standby status the emplo!'ee rvill be paid onlv
the Call Back pa1). The Standby bonus is not considered hours rvorked for determining orrrtime, Standbl' 5fi311
be assigned in the Citv's sole discretion. Employees assigned to standby must respofld to anr.'ca1l within ten (10)
minutes and must be available to report to the r,,'otk-site v'ithin thirtv (30) minutes (or some otler reasonable
period of time as determined based upon the circumstances). Failure to meet these requirements (as may be
modified in the City's sole discretion), or other requirements related to standby assignments thar may be
determined necessary by the Ciry, shall result in forfeiture ofthe Standbv bonus, and possible disciplinary action,
based on the circumstances ofeach case.
Section 7.8. (b). Stmd B], Pa],. Lmplol'ees in Public \\'orks - ()perations, the Propem Managlement Division
and the Fleet N{anagement Division not expresslv assigned to standb.y status rrho are contacted via telephone
outside of their nomal hours of u'otk vill teceive tu'o (2) hours of straight time as a Standby bonus; provided,
hou-ever, the emplo,vee u,ill not be paid botl-r Standby bonus and Cail Back pay for the same dav (i.e., iicalled in as
a result of a telephone conversation, the emplo1'ee rvill be paid only the Call Back pa9. Ary such telephone
conversation must be initiated only by the Public \Yorks Dkector, Property N{anagement Director or the Fleet
N{anagement Director or theit designee-
Section 7.9 No Pvtamiding. Premium oav and overtimc shall not be oaid for the same hours. The emolovee
GSAF - 22
Page 546 of 813
shall receir.e tlle gteater of the two alternative premiums
(;SAF - 23
Page 547 of 813
ARTICLE 8
WAGES& FRINGE BENEFITS
Section 8.1. Waces.
The Ciw of N{iami Beach classification and pay system will be utilized under this contract. This includes salan'
range changes, iob audits, and market classification studies. This does not include cost-of-lir-ing increases. No
change shall take place until the Union President ot his/her designee concurs.
No batgaining unit member who letl the Cit1"s employ pdor to the date of ratification of this Agreemeflr by'both
parties rx'ill be eligible tbr any v'ages or benefits undet dris Agreement.
No decision made rvithin the context of this provision shall tesult in a lorvet grade, the removal of a lob
classification from the bargaining unir, nor shall said decision result in an exemption from FISA overrime
requirements-
a) Effectir.e the first (1') poy'period ending in O€tob€r-Agul-3${:-al[there shall be n@across-the-
board u,age increase rrf t,nc pcrcenr {l(i'o) for *e,+dlGSAF-bargaining unit positions. ln acldition. the
nrinimums rn.i nrrrimLrnrs oI each iob chssification range u,ill be incrersed by one l.)ercenr (l't,,).
rccorrlinpl\'-
b'r Etfective the Frst (1") {L1l pay period ending in €)eto@fu[2t|}i2Q1j, there shall be *e-an across-the-*--
board s,age increase ol three percent (396J for ftny,all GS4E-bargaining unit positions. In addition. rhe
rnirrimunrs antl nrlrimunrs of erch iob classificarion range rvill he incrersctl lrl rhree Fercent (3n,r!.
accordin!'h -
$Si--Effecrive the first (1st) full pav period ending in (-+etober-.El-:ti{42ll1!, there shall be an across-the-
board v'age increase of three perceflt (39i)) for all GSAF bargaining unit positions. In addirion, the
minimums and maximums of each job classification range u'ill be incteased by three percent (391r,
accordinglY.
.ln rhe erent the (.itv rreqotirtcs hisher across-tlre-l:orrd u'age increrses tith rhe (lommunicrrion. \\"orkers of.
;\metica. l,oc'41.1)178((.l\V;\'iotthe,\mericanFederationofState.Counq'ancl lunicipelEmplo.rees. l,ocel t-i54
(AFSCX{E). for their 2(r15-3{)18 anci 20'16-2019 labor ugreements. res,pecrivtl},. the same inctease s u'ill be applied
to (lS.\[r berg:rining unit posiuons.
\triithin sirrv (60) days of an employee's merit revierv date, the emplovee's Department shall complete a
Pedotmance Evaluation and fot$'ard it to Human Resouces. The Evaluation shall be completed in accordance
Formatted: Ouuine numbered + Level: 1 +
Numbering Style: a, b, c. ... + Start at: 1 +
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GSAF.24
Page 548 of 81 3
with the policy established by Human Resources. Failure to complete a Performance Evaluation irlr emplolees
u'ho ate not at the maximrtm of the tange^ within sixty (60) days rvill result in an automaric rwo percent (2%o) salary
inctease. Periormarlee Et'nlartiofii&€-enses ma_l totnl rio rno'e thefl Er\.n pe-€:ent (2t),1),
@
theit annual evrluation. shtll be e[gible for l merit increase on their amive rsar],clate- pnvicled that thc cnrF[,'r].ee's
salrr,v* shall tot exceecl the marimum of the salary range for his/het positior-r- For F\' 2015,/ 1(r. FY" 201(r./ 17. ancl
FY 20ll,rl8-:tnv emnlo'te s,hose salan exct'ctls the nrrrirrum ofthe srlarr rnnge tor his /her nosirion shall be " @
ulisiblc t,: rcccire e,rnc-time. non-pensinnrhlc Falnrcnt- up to J'.,,. Ratinus shall bc I throuoh 5 rs tirllos-s: 1 -Formattedr Font: (Oefautt) Garamond, Not
Strikethrouqh, Not
eclLrals unsldsfactory. ? equals needs imFroventent. 3 equal nrrrts espcctrd,rns. 4 cclLrds crceeds expectations and
5 equsls siEFificantl)' erceeds expecrarions. r\n emplo),ee $,ho receives 2 score benveen 2.5 ancl 3.49 .shall be ._Formatted: Font: (Defauh) Garamond, Not
Hiqhliqht
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Strikethrough
If an emplovee's merit rating score does not qualify him/her for a merit inctease, the emplol.ee shall not receive
any merit salary increase; horvever, said employee may grieve the er.aluation up to Step III under the provisions of
this Agreement.
Section 8.2. Holidays. The follov'ing fourteen (14) days shall be considered holidavs: Nes. Year's Day,
President's I)ay, N'{emorial Dav, Independence Day, Labor Da.v, Veterans Dav, Thanksgiving Day, the dav
follou'irg Thanksgiving, Christmas Day, Dr. tr{artin Luther King's Binhdav, three (3) floating holidavs, and the
Emplovee's Bitthday. Emplovees shall become eligible for floating holidays and the Binhday Hol-iday. upon
completing six (6) rnonths continuous senice with the Cirv.
Section 8.3. Holiday Pay,
4 \tr'}-renevetanvoftheholida,vslistedinSectionS.2. Holidays,ofthisAgreementfallonaSundav
(or N{ondav for employees rvhose regular da,v off is Nlondav), the followingw-orkday shalt be
observed as the official holiday; rvhenever an,v of the above listed holidays occur on a Saturday
(or Fridav fot emplorees whose regular day ofT is Fridal), the preceding workdav shall be
observed as the official holidav. In such cases, the dav on u'hich the holida_v is obsetved shall be
(;sAF - 25
Page 549 of 813
corisidered to be the paid holidav and not the regular day.
Citv celebtated holidays that ta11 on Tuesdav, \\,ednesday, or Thursdav, and said holidal.'is on the
employee's tegular da1.' off, then the emplol'ee shall receir-e a da1"s pay fot said holiday', if rhev
meet all of the qualifications conrained herein.
To be eligible for a paid holidav, an employee must report for scheduled work on the holiday if
applicable, on the last scheduled da;, pteceding the holida,v and the first scheduled day follou.ing
the holidav unless such absences are excused. To qualify for Holiday Pav, excused absences !I
the puq:nse of thi-s section ate defined as:
2)
3)
4)
s)
an employee calls in sick and is eligible to receive paid sick leave, and
*'ho is gtanted sick leave usage;
approved annual leave;
floating holiday;
birthda,v;
bereavement.
Whenever an obsened holidar. occurs on an employee's scheduled da,v off and the emplovee
does not u;otk thereon, the emplolre shall receive for his/her normal u,orkdav a straight time
hourll,rate of pay for the holiday.
Fot rvork on a holiday falling on a non-job basis emplol.'ee's regularlv scheduled work dal',
he/she shall receive holiday pay, for the holidav and time and one half for the houts ryorked.
Should a non-iob basis employee be required to work on a holidav falling on his/her dav oft
he/she shall receive holidav pav for the holidav and shall receive pay at double time and one half
rate for the hours rvorked.
Failure to report for v'otk on, before, atler, or during the holiday after having been scheduled to
u'ork on such holiday shall be just cause for denial of holiday pay.
A holidav u'hich is observed during an employ.ee's regulatly scheduled *-orkveek shall be
considered as rime s,orked for the purpose of computing overtime lor non-job basis emplo,vees.
@nlvactualhoursu,otkedshalibeconsideredfotthepurpose5ofcomputirrg
overtime. Paid leave, including but not limited to annual, holidalpick, familv and medical (F}ILA,), birthday,
b)
c)
d)
e)
c)
GSAF - 26
Page 550 of 813
floater, berear.ement and administrative leave shall not be considered as dme u.orked for the purpose of
comPuting overtime.
iniigffieffi€nh
Section 8.4. MealAllowance. Anemployeeu'howotksthtee(3)ormorehoutsofovertimethatiscontiguous
"r,ith
his/her shift shal1 be paid a seven dollats ($7.00) meal allorvance.
In the event of emergencv conditions or if emplovees ate supplied u,ith a meal while *'orking the overtime hours,
the meal allorvance, as provided under this Sectioo, shall cease.
Section 8.5. Bereavement Leave. In case of death in the immediate lamily of an employee, time off with
straight-time pay u'ill be allov'ed for up to t\lio (2) scheduled rvorkdays per death ol four (,1) scheduled workdaE
pet deeth if furneral is held ourside the State ot'Flotida. An additional three (3) days may be granted, for a
mariimum of fir'e (5) or scven (7) da;,s oFf, if approved br the Depaftrnent Head. The three (3) additional davs off
may be charged to the emplo.vee's accflred sick or vacation time, and shall not be counted aga.inst the employee fot
the purposes of performance evaluations radngs.
The .immediate familv shall be defined as father, mother, husband, *ife, sister, brother, son, daughter, grandchild,
gtandfather, grandmother, mother-in-1aw, fathet-inJav, stepfather, stepmother, stepson or stepdaughter, or
domestic partnet (as defined in the Domestic Partner Leave Ordinance).
In the case of a death of a member of the employee's family not herein specilied but rvho Iived rvith the emplor,'ee's
l-amily at the time of his/her death, consideration ui1l be given to the emplo,!'ee's request to use accrued annual
leave or tloating holidays to af(end the funetal.
Upon request, an employee ma,v be requited to provide verification ofhis/her relationship to the deceased and <lf
the death-
Section 8.6. Unpaid Leaves. Leave of absence u.'ithout pay may be lyanted in accordance rvith the Ciw of
N'Iiami Beach Personnel Rules.
Section 8.7. Jur,v Duty. The Ciqv of N{iami Beach shall pemit emplovees eithe r to ke ep pavments receive d ftom
Couns of competent iurisdiction fot being on jury duty, or in the alternative, their standard rate ofpay, whichever
is higher. For each dav an emplo'l'ee is called to iurl dutv, he/she shall be excused from work for such time as is
necessarv to complete jun'duw sen'ice. Emplovees are expected to retum to vork upon being released from iury
dutv during the v'ork shift. Ho*'e ver, if three (3) hours or le ss are left in the emplo),ee's vork shiit at the time that
C}SAF.27
Page 551 of813
the employ'ee is released from i"tf'drry, the emplo,vee shall imediately contact his/her immediare supen'isor for
instructions as to u'hether he/she should retum to .tr oik lbt the temainder of that shift.
Section 8.8. Unifotms. For the term of this Agreement, the Ciry will ptovide unifotms (i.e., a full uniform set
shall include a long ot short sleeve shit and long or short pants) to bargaining unit emplovees who are required to
rx.'ear them. Emplovees will be issueci $si:r Glsets of new unitbrms (.{-!$-(5lsets if the employee works a 4 day
work week) in April of each year. New emplovees v,i.ll be issued gr€-q!(5Q sets (or i<ru-fiye (4q) sets depending
on the empiopes schedule) of unifotms upon entn'into the baqgaining unit. If an emplovee has been emplo1'ed in
the bargaining unit position fot six (Q months or less rx.'hen additional nerv uniforms are issued in April, then the
addioonal nerv uniforms s'ill not be issued to the emplo'r'ee ar thar rime, but the emp.loyee rvill be issued a
complete set of new unifotms in the follorving April. The composition of the uniform shall be e{etermiaed
rect'nlmcnrJcdb,'th. ffi
rePleserrtatires. The final selection of unifornrs u ill be made bv the Deprrtment Director after consultation with
the@'Theuoiformsissuedshe1lbechosenbasedonconsiderationsofemplo1.ee
safetv and comfort, as rvell as cost. lssuec{ uniform items (i.e., a shirt or pants) rvill be replaced on a timelv basis by
the Department upon the employee's ptesentation of worn ot damaged uniform items proviclecl, horrever,
emplovees shall teceive no mcrre than two (2) additional replacement unitbrms items (up to 2 shirts and/or 2
pants) each year. Each Department shall provide necessary safetl./foul \\'eather gear, as appropriate.
The Beach Patrol C)perations Supetvisor shall be provirJeci t'ith one (1) s*'eat suit per !'ear.
All GSAF Emplopes w-ill receive one (1) unitbrm jacket during vear three (3) of the tetm of this contract
The vendors vrill deliver the unilbrms in the montl ol April of each vear tbr the term of this Agreement,
Section 8.9. Safety Shoes. Emplovees in the follos'ing job classifications rvill be tequired to wear safetv shoes
during all \l'otking houts. A safety shoe certificate wi-tl be provided to those employees in the follo*'ing iob
classifications for the purchase of safeqv shoes meeting ANSIZ41 Federal Sattty Standards.
\X/hen due to extreme r*'ear and tear or accidental destruction, a replacement pair of satttv shoes is tequired, the
Cigv will grant an additional shoe certificate fot the purchase of a replacement pait of safety shoes u,hen the
destroyed ot irreparable pait olsafew shoes is turned in to the Department. The Departmeot Director, ot his/het
designee, shall issue the certificate for the replacement pair of safetv shoes on the basis of need and nor on arr
automatic basis. Further the replacement ofu'orn heels and/or soles on the safetl shoes shall be the responsibiliry
of the emplovee and not the City.
GSAF - 28
Page 552 of 813
Thoseemplo1.eesinthefollorvingclassi6cationswiIlmakehis/hersaferyshoeselecdonfromapredetermlned[ist.-
oisafetv shoes.@iJl be developed b,v **4*:oeia*iotJ-}}a**F+mrntthc Srfct)' Shoc
Committeecomprisedoftrvo(2)@representativesand-+hree_q'.o_(3!)r\{anagement
representadves. Ir. n"at setection " " ffi
l)cpartment Direcror. afttr consulrrtion u'irh thc Safcr} Sh,re Committcc.
Air Condidoning Supervisot
Ciq.'Sun'eyor
Electrician Supen'isor
Electronics/Instrumerlts Supervisor
Fleet Operadons Supen isor
il{aintenance Supen'isor
lleteted Sen'ice Supervisor
Patking Operations Supervisor
Patk Operations Supen'isor
Paint Supervisor
Piumbing Supenisor
Pumping Opetations Supervisor
Senior Building Inspector
Senior Engineering Inspector
Server Field Opcrations Supen'isor
Street Lighring Operarions Supenisor
Street Operation Supenisor
\ri'arehouse Supervisor
\\jater Field Operations Superuisor
Water IIeter Supen'isor
It is the Ciw's intent that the safery shoes selected and approved by the Safetv Shoe Committee shall not be
significandv inferior in quality to the safety shoes currendy being offered to emplovees. Emplo,vees teceiving the
safetl- shoe certi6cate rrill be required to purchase and u,ear the safety shoes during all working hours, and rvill be
subject to up to the loss of a dav's pay for each day that the employee reports to u'ork and fails to wear the
required safety shoes. Action taken against the employee under this Section shall not be appealable to the
Petsonnel Board or pgievable undet this Agteement.
[.lnor-r. rrtification of th.is .,\qeement. em nlor ees m av receir,e unit-orm .h, res in lierr of safen shocs. rt r he discrer ion
of the tleparrment director.
Section 8.10. Shift Differential. \\'here a maiorin' of an employee's regularlv assigned shiti hours fall benueen
3:00 p.m. and 11:00 p.m., the employee shall receive a shift differential of fottl five cents ($.45) per hour for v.ork
performed after 3:00 p.m.
\, here a maiority of an employee's regularl,r' assigned shift hours fall bet\rreen 11:00 p.m. and 6:30 a.m., the
emplo!'ee shall receive a shift difttrential of fifty- five cents ($.55) per hour for work performed aftet 1 1:00 p.m.
GSAF.29
Page 553 of 81 3
^)
Section 8.11. Rate of Pay When Wotking Out of Classification. An emplovee may be required to temporarilv
work out of his/her classification u'hen directed by N{anagement. Temporarilv is defined as an emplol'ee rvho is
cleatly 2nd dsfulitelv perfotming the principal duties in a higher pav classification for more rhan 6vo (2) hours per
da,v, and they shall not exceed 580 houts in a 12-month petiod, and shall be paid as follorvs, excepr at the sole
discretion of the Huaran Resources Director, he/she may u'aive the 580 hour cap if in his/her iudgment, it will
best sen e the needs of the City service:
b)
If he/she is temporarily working in a lorver classification, he/she shall teceive his/her hourly rate in
his/her regular classit-icatioa. Emplol'ees v'ill not be 2ssigned to lorver classi{ication r*'otk as punishment
ot to demean the emplor.ee.
Ifhe/she is temporarily wotking for trvo (2) or more consecutive houts in a higher paving classification,
he/she shall be paid an hourlv rate of one dolar ($i.00) per hour to be added to the emplovee's
straight-time rate of pay.
Employees being trained rvith on-site supen'ison- assistance in a bona-Frde training program for a higher pa.ving
classiFrcation u'ill be paid their cuffent iate in their regular classification dudng such training time.
Section 8.12. Paid Leave.
Full-time bargaining unit employees shall earn and be paid tbr sick leave and vacation leave in accordance with
Ordinance No. 1335 provided, hou'ever that:
A medical certificate, signed bv a licensed phvsician, shall be required to substandate a request fot sick leave v'hen:
a)a supervisor suspects abuse of sick leave because ofa developing pattern (e.g., frequent sicl< lave
usage ofless than one shift in a continuing tw'elve (12) mondr period, emplovee denied annual
leave and subsequendv claims illness, etc.). The Supenisor shall intbrm the employee that a
doctor's excuse rvill be required in ordet to "approve" anr furthet use of sick leave. Such
requirement shall be revierved bv the Human Resource s Department at the end of six (6) months
to determine ifit is necessarl that it continue; ot
the illness occurred rvhile the employee u'as on vacation leave and a request is made to credit sick
leave instead of vacation: or
c) an emplol'ee has been absent ftom rvork for more than five (5) consecutive workday-s.
d) the sick leave is during an emergenc.v, such as a hunicane.
b)
GSAF - 30
Page 554 of 813
The grant of emergency leave as provided for in the Cit1,'s \nork Rules may be denied, if an employee does not
provide evidence satisfactory to his/het supervisor that the cause of the absence was an emergency.
Section 8.13. Perfect Attendance Bonus. Fuil-time ernployees who perform the fi.rIl scope of their regularly
assigned classification for the Full term of each Fiscal Year coveted by this Agreement (i.e., 2[]1r,20!i /4+IULL
XW/X+$)L9{4441llgll5'4)13), shall receive alump sum bonus of three hundted dollars ($300.00),
(non-pensionable earnings) provided that thev have not used sick leave ot been absent for any reason rhat was not
authorized at least fofi'-eight (48) houts in advance. An emplovee *,i11 also be allorved two (2) incidents of
tardiness and one (1) emergencyvacation. This bonus shall be paid in December ofeach vear ofthe conuact.
Section 8.14. Part-Time Employees. Notrvithstanding any other provisioo in this Agreement, bargaining unit
ernployees *ho v'ork part-time schedules shail earn 6fu percent (507o) ofsick and vacation leave credits eamed by
full-time employees. Pa,v for absences due to illness or vacation shall be for approved hours absent from
scheduled assignments.
Pavoffs fot sick and vacation balances at separation, bereavement leave, and holidav pay shall also be provided at
the rate r:f fifty percent (500/0) of that afforde d to full-time employees.
Section 8.15. Sick and Vacation Leave Accrual and Maximum Payment on Termination. Al1 emplotees
coveted bv the agteement and hired after October 7,1978 shall, under applicable ordinances, rules and regu.lations:
be a1lo.r'ed to accumtrlate no more than 500 hours of vacation leave except in accordance with pror-ision fot
Postponement ofvacation leavel be permitted to transfer sick lear-e in excess of 360 hours to vacation leave at the
rate oftu'o (2) days ofsick leave to one (1) dav vacation leave to be used in the pat period vear when ttansferred,
be permitted a maximum payment time at termination, death, or retirement of 620 hours vacation leave and one-
half of sick leave to a maximum of (r00 hours.
Section 8.16. Pay for Hazard Duty, Emplovees working hazard dutv will be paid $1.00 an hour for time actually
spent in tiese activities. Hazatd duty applies to the follorving activities:
Spraying hazatdous che micals (Hazardous materials shall be identii-ied in the l\'{aterial Safery Data Sheet
OISDS) andlor Product Safetv Data Sheet fSDS)).
Diving with scuba gear
\Xiorking in trenches five (5) feet in depth or greater
Working in ra\r' se$'age
Working fort,v (40) teet or higher on aerial lift opetations.
A)
B)
c)
D)
E)
GSAF - 31
Page 555 of 813
Section 8.17. Essential Personnel (Hurricane Pay). \\tren the Citv declares an emergencv due to a named
hurricane and other events and non-essential petsonnel emplovees ate advised to stav home with pav rnd essential
petsonnel emplovees are ordered to votk, essential personnel emplotees shall be paid at the rate ofone and one-
half of their straight houlv rvages for all hours worked for up to three (3) days.
Section 8.18. License(s) Maintenance. Three (3) positions in Properry .N{anagement (fur Conditioning
Superisor, Electdcian Supervisor, and Plumbing Supenisor) and one (1) position in Public $7otks (Electrician
Supervisor) rvill receive a supplement ofthree hundred dollars ($300) bi',veekly For using their license as a qualifier.
The supplement rvill start u'hen the emplol'ee's license is approved by the Licensing Board. The supplement $'i11
continue until either parw requests a change of status to remove the qualilier or if the license expires. The Citv
will fill out the approptiate tbrms in a timelv fashion and send a cop.v of the completed form to GSAF. As one of
the conditions and responsibilities related to the receipt of this supplement, the employee must make every.
teasonable effort to be available for telephone calls rvhjle offduw.
The follov'ing is only applicable fot the four (4) emplovees refetenced above',r.ho use their liceflse as a qualifier:
Ifthe employee is contacted via telephone outside oftheir notmal hours ofrvork, they shall receive one (1) hour of
straight time pay as a bonus, Anv such telephone conversadon must be initiated only by the Ptopeft,v Nlanagement
Director or their designee. Those employees receil'ing a birveekly supplement fot using theit license as a <1ualifier
shall be erempt from Section 7.6S), Standby Pay, of this Agreement.
The Supplement is not part of base salary'. Therefore, the supplement can go above the maximum of the pay
range. The supplement is pensionable. The supplement rvill be revieq'ed on an annual basis to detetmine if the
supplement should be incteased according to market conditions.
In the event that the Ciw determines that anl.additional licensee(s) mav be used as a prima+ qualifiet under terms
that are acceptable to the City, and the Ciqv decides to use any additional licensee, then the employee/licensee s'ill
be paid the qualification pa,vment undet the terms set tbrth above.
Section 8.19. Tool Reimbursement. The Cin'v'ill condnue a Tool Reimbursemenr benefit through rvhich
bargaining unit emplovees in the job classifications of Air Conditioning Supervisor, Electrician Supen'isor, and
Plumbing Supenisor may be reimbursed for an emplovee's tool that is damaged ot broken while being used at
work, provided horvever, that the damage must not be the result of the emplovee's negligence. The maximum
amount pavable in any tiscal veat for tool teimbutsement per employee is $400. To be eligible for reimbtusement,
the emplo,vee must provide to the Department or Division Director, the broken/damaged tool (u'hich the Ciq.'
mav Leep) and a teport describing the citcumstances regarding rvhere, when and ho'nv tool was broken/damaged,
and the receipt for the replacement tool purchased rvhich must be oflike qualit;, and value. The tool must not be
GSAF.32
Page 556 of 813
othenvise repairable or replaceable through a manufacturer's tvairanw. Denial of a request for reimbursement is
not grievable.
Bargaining unit emplor,'ees in the above noted positions, who have been paid a Tool Allowance benefit before
Octobetof l99S,s.illremaineligrbleforonlysuchToolAllowance, Bargainingunitemplol'eesintheaboyenoted
positions rvho were hired after Octobet of 1998 and/or u,ho rvere not receiving a Tool Allouance wilt be eligible
for the Tool Reimbusement. However, no employee vill be eligible for both a Tool Allowance and TooI
Reimbutsement benefits.
Section 8.20' EMT Certification Pay. Beach Pattol Operadons Supervisors rvho obtain and maintain the
Emergency L{edical Technician (E}fI) certiEcate given b.v the State of Florida shall rece.ive a &r'e petcent (5%)
pav increase.
Section 8.21. Skill Pav Suoolemenr.
Fleet l\{anagement Department: Automobile Technicians/N{edium/HearA Truck Technicians
'Supplement amounts are not cumuladl'e
x Can only be taken as an addition to "NIaster" Auto Technician or "\,Iaster" Auto Technician
u'ith EYT
"3to5Certifications
"6to7Certifications
" "NIaster" Auto Technician
, "Master" Auto Technician w'ith E\rT
Automotive Parts Specialist (3 of 3 Certifications)
Automotive Service Consultanr
Fire Department
Level 1 Fire/Ambulance
Level 2 Fire/Ambulaace
EVT il{aster Fire/Ambulance
' 1 to 2 I-icenses/Certit'ications
" 3 ,;r more Liccnscs /(jcrdficrtirrns
$50.00/month
$90.00/month
$150.00/month
$200.00/month
$50.00/month t
$50.00/month t
$50.00/month
$90.00/month
$150.00/month
99r,1!01-q!th
5150.0(tlmonth
Brrilcling Depattment: Seoior Builcling Inspectr;;r. Senior Engirreering InsFector
GSAF - 33
Page 557 of 813
tljcenses/(.lertifications must he telarecl ro job rluties and i-ssuetl b).the Srate of Florida
Euildin,u lnspecror liccrrsc. Plans Exirmirrcr license. General Contrect,rr licerrsc. Plumbing
license. trIeclrrnical licerrsc. Electricel license. FloorlPlein ,\lanager license. regisrered ;\rchirect.
rnd registererl Prolessionel Errrrineer)
Note: The maximum Skill Pay Supplement Benefit v-ould be 9300.00/month
Note: Other Certifications as approvecl by the Department Head
Skill pay supplement requires emplovee to hold the classification of: Irad l\Iechanic or Fleet Opetation Supenisor
Emplo,vee cannot receite skill pay if not on tegular v.ork status (i.e. Cannot receive skill pay if on a light dutl'
assignment)
Emplovees must notifl'the deparmrent staff u,hen he/she does not maintain the required certification level. Failure to
do so may result in discipline, and anv supplement pav received u'hile not certified sha11 be refunded to the Ciq'.
Section 8.22. Ptol'essional Licetses zrnd/or Cettific:rtion. (Reqrrircrl continuing cclucrtion,i certit'ication 1-or
cLrre nt nosidon) l.'non nrior nr:nror-el tlom the I)eurnnrent f)irector- emnlorees rvho must mainr,rin theirlicenses
.rs rcquirutl in thtir ierb descripti,rns. anJ have to attcntl continrrin* cducetion ciasses sh:rll Lre prid thcir stnight
Section 8.23. Florida Department of Enrironmental Protection "Class 1" Water Distribution Svstem
Opcratot License. Efiectir,e upr>n rrrtificati,rn of this ,\j+csnrsnt. cmpl())e(s \vh().lbtxin rnd nrrinrxin rh( "(-lxs:
l " \\jater f)ist ribu tion S!'stern ( )pcraror I .icerrse issueti l>) t hc Florid a .f)cprrrnre nr o f F.nr ironrnen rrl Prorecr ion
shdl rcceire an rnnu:l supnlernenr .i S l -0(,0. non-nensionrl:le.
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GSAF - 34
Page 558 of 813
ARTICLE 9
INSURANCE
The City shall offer group herlth caie coverage including medical, dental, and life insurance plans to full-time
bargaining unit emplovees and their legal dependents during the term of this Agreement. The City \rill continue to
pav at least {ifty percent (507o) of the premium cost for eli$ble emplo!'ees hited befote the dote
this Asrcentent. Emplo)'ees hired on or altcr the d:lre of rltification of this .dgreenrcnt. rvill continuc to rcccivc a
orcmiunr subsidv br" the Citv of at lerst 5{}'l',, of hcalth insrrrancc oremium costs for srrndard ollns. but u'il[ not
heve r minimurn required Cit]' sul:sid]' rmount for premiLrnr plans. The Ciry will continue to offer a.lternative
plans as options for emplol'ees. The Cirv mav change insurance carriers and/or the scope and le\.el of benefits in
any plan. The Citv also may change the percentage of premium cost paid by the Cit.v tiom l'ear to year for any one
or more of the optional plans available, ciepending upon the scope and level of benefits available in each of the
oprional plans.
;*+iflS-t*tt
.\rter rn entLrloree erhrusts InjLrq'senice (lnnnectcil ([S(]) lrerrrtirs :ncl is rrcei'ing *orkcrs'compensrrion. @
chccks.thcCin'shallrccsssthccnrni,,rcc'.luiLvc:ccrtLrlst,>ksrDhinr,/hcrrvholc. I)educti,xrslirrhcncfitssuchrs
hedtl-r and dentd insurance covcrl$c and pcnsion cc,ntributions s,ill be mac{e trom the vrltre of the rcctued leave.
Or-rce an emplo)'ee runs r:ut erf lerve accruals ancl is sdll unable to return to q ork. the errl:lovee has an rrifirmrtive
rest:onsil;ilitt to contact tlte Hurnrn Resources Denartrnent. Ilcrrctlrs f)ivisinn. rn rnrke I>eneflt f'rlment
arrJn*cmcnts. l:mrr]ot'ecs rrill be uiren (rne m()nth's sracc pcri,rcl lficr uhich c(]\-erAsc shrll bc cancrllcd.
ReoDener
The nrrties amee to reoDen this -\rrecrnent uoon rhe (litr-'s reorrest ro l(l(lress ontions ro rrrrrliorere f he imnect of
rhe Dr()r).)s('d rscisc trs crn Dlan sD,rnsors of "Cadillrrc Plans" as t'lctlncd in thc Prricnt Pr{)t(cuon and Afti,rdablc
Cate Act.
GSAF - 35
Page 559 of 81 3
ARTICLE 10
PENSION AND RETIREE HEALTH
A) The Miami Beach Emplo,vees' Retirement Plan (I{BERP) is the pension plan for bargaining unit
membets, except for those empiovees who previously elected to remain in the 401-A retirement progrm
(in lieu of participating in the City's pension plan). The current benefits and member contributions
ptovided by the N{BERP shall remain in effect for the term of this Agteement, except as follows:
EffectiveJull' 18,2010, for employees hired prior to August 1, 1993, *-ho participate in the N{BERP,
the employee pension contribution shall increaseby 2oh oiearnings, from 10%o to 1270 ofearninpp;
El-tective Jul,v 18, 2010, for emplo,vees hired on or after August 1, 1993, rvho participate in the
\,IBERP, the emplovee pension conttibution shall increase b1,2'% of eamings, from 896 to 10% of
eatnings. The additional nvo perc€nt (20lo) employee pension contributions described herein sha.ll
cease upon such addidonal pension conttibutions not being accepted by or imposed upon the
American Fedetation of State, County and N{unicipal Employees (AFSCN{E) Local No. 1554
collectiv-e bargaining unit in its 2013-2016 collective bargaining agreement. In such an eyent, rhe
cessation of the additional pension contributions for emplovees covered under the GSAF bargaining
unit shall take effect upon ratification of the 201 3-201 6 collectir"e batgaining agreement berrr,'een the
City and the American Federation of State, Countv and Nlunicipal Emplo,vees (AFSCME) Local No.
1554, There shall be no retroacdve compensction awarded for the purposes ofthis section.
1. Final Averase lrfonthlr, Earnings fFAl{E)
a) For those employees rvho participate in the il.IBERP and are at riormal rerirement age or are 24
months or less from notmal retirement age as ofJuly 14, 2010, as deflned bv Ordinance 2006-
3504, as amended, the Final Average Monthly Eamings (FAIIE) is at one-nvelfth (1/'12) of the
average annual earnings of the employee during the tu'o (2) highest paid years of creditable
service.
b) For those employees rvho panicipate in the N{BERP, and who are ber\r.een 24 and 36 months
from a normal retirement age as ofJuly 14,2010, as defined bv Ordinance 2006-3504, as
amended, the Final Avetage Nlonthly Eamings (F,AJ'IE) means one-rwelfth (1/12) of the
average annual earnings of the employee during the thtee (3) highest paid pars ofcreditable
service.
c) For those emplovees v.ho pardcipate in the ilIBERP, and rvho are berween 36 and 48 months
from notmal terirement age as of July 14, 2010, as defined bv Ordinance 2006-3504, zs
C}SAF - 36
Page 560 of 81 3
d)
amended, the Final Average N{onthl_v Earnings €AN{E) means one-trveltlh (1/12) of the
average annual eamings of the emplovee during the four (4) highest paid years of creditable
sen'ice.
Fot those employees rvho participate in the ltBERP, and who are more than 48 monrhs from
notmal retirement age as ofJuly 14, 201 0, as defined by Ordinance 2006-3504, as amended, the
Final Average Monthly Earnings (FAj!{E) means one-twelf$ (1/12) of the avetage annual
eamings of the employee during the five (5) highest paid yeats of creditable service.
Employees shall be eligible to enter the Deferred Retirement Option Plan (I)ROP) at tl-re normal
retirement age specified in the pertinent pension ordinance, and mali participate in the DROP tbr
a maimum of thirty-six (36) months for emplovees hired prior to July 14, 2010, and sixtir (60)
months tbr emplovees hired on or afterJuly- 14,2010. Subject to actuadal verification that
extending the DROP pedod for employees hired prior to Jul.r' 14, 2010 does not resulr in an
incteased cost to the Cin', effective upon ratification of this collective bargaining agreement, ali
current and futu(e emplovees participating in the DROP shall be entided to participate in the
DROP for a maximum period not to exceed sixty ((r0) months in total. Any emplol.ee rvho
previously executed a form entiding him or her to enter the I)ROP for a period ofless than sl<ry
(60) months in total shall be given a one-time irevocable election, rvithin thiny (30) calendar
days from the effective date of t]re conformirg Citv ordinance amending the DROP period as set
forth herein, to execute a new form e,xtending his or her DRC)P period tbt up to sirtv (60)
months ifl total.
Notvithstanding the fotegoing, nothing heteia shall pteclude an employee v,ho is presently
participadng in the DROP from their continued active employment and tetmination of
employment in accordance with their odginal DROP separation date.
Eifective September 30,2013, the option to putchase up to t\r'o (2) ,vears of prior creditable
service shall be eliminated fot all emplovees covered by the GSAP bargaining unit.
Emolovees Hired on or after Iulr' 14.2010.
The current benetlts and member contribudons provided by the I\{BERP shall remain in effect
fot employees hired on or afterJuly 1,4,2010, except as follov's:
1) The notmal retitement date is age 55 rvith at least thirtv (30) rears of creditable sewice, ot
age 62 v'ith at least five (5) years of creditable setvice.
2.
GSAF. 37
Page 561 of813
s)
The earlv redrement date is the date on which the member's age plus vears of creditabie
sen'ice equal 75, with a minimum age of 55.
The Final Average l'Ionthly Earnings FALIE) shall be an average of the highest five (5)
,vears of employment.
The benefit multiplier shall be tu'o and one half percent Q.So/o) mukiplied bv the member's
vears of cred.itable sen ice, subiect to a maximum of 80% of the member's FAIIE.
The tetitee Cost of Uving Adiustment (COLA) v'ill be one and one half percent (1.5Y0) per
i,eat, with the fust adjustment defered to one (1) year after the end oF the DROP.
The emplovee contribution s,ill be 10% of salary.
The standard fotm of benefit is a lifetime annui4..
N{embets r*'ho separate from City emplo}'ment rvith fir,e (5) or more yeats of creditable
service but pdor to the normal or early retirement date shall be eligible ro receive a normal
retirement bene fit at tge 62.
6)
7)
8)
Eff'ective September 6, 2006, the patties ag'ree that any batgaining unit member who previousll.' elected or
u,ho elects to participate in the 401-A retirement program (n lieu of paticipating in the Ciq"5 pension
plan) shall be required to work at least ten (10) years belore becoming eligible for an). retiree health
benefits from the Citv.
Anv bargaining unit membet who is eligible for retiree health benefits from the Citv must make a one
time ittevocable election to continue receipt of health benefits via the Cirr"s plan at the time that the
emplotee terminates Oitv employment. EiTective uForr rltir-rcrtion. Tlhe parties also agree that if a
member initiallv elects to condnue undet City health insurance, but thereafter discondnues or is
discondnued from such coverage ftrr non-pr] mcnt ofprerniunt, the*thr retiree ma] l11lresume coverage
.
Emplol'ees hited on ot after September 6, 2006, rvill be entided to a Cir,v* contribution against the cost of
continued healdr insurance coverage in the City's health insurance plan after retirement (or separation)
lrom Cin,employment, as set fortll in this section. An1'employee hired on or after September 6,2006,
who then remains emploved until reaching eligibiliry tbr normal retirement, and rvho elects ro continue
insurance coverage under the City's health plan, shall upon teceipt of normal retirement benefits also
receive an additional separate supplemental monthl1,- stipend payment in the initial amount of $10.00 per
vear of credited sen'ice, up to a maximum of $250.00 per month until age 65, and $5.00 per year of
credited senice up !o a ma-.cimum of $125.00 per month thereafter. There shall be no other City
contribution tou'ard the cost ofcontinued healdr insurance coverage for such emplo,vees and this benefit
shall be paid only during the life cif the retiree.
2)
3)
4)
B)
c)
D)
GSAF - 38
Page 562 of 81 3
ARTICLE 11
GENERAL PROYISIONS
Section 11.1, Discdmination, In accordance with applicable federal, state and local lau,s, the Citv and the
Association agtee not to discriminare against any emplovee on the basis of an indMduai's race, sex, coodition
telated to sex (pregnancy) color, religion, national odgin, age (40 and over), disabiliry, marital status, famiJial status,
citizenship, intending citizenship status, sexual odentation, political party af&liatioq and/or Association
membership.
Section 11.2. Meetings Between Patties. At the reasonable request of either party, the Association Presidenq
or his/her Representative; and the City Nlanager or his/her designee for Labot Relations, shall meet at least
quarterlv ar a mutually agreed time and place to discuss matters of concern. \\,'henevet time permits, the pattl,
requesting the meeting shall submit rvritten nodce of the subject matter to be discussed. Such nodce shall be
submitted one .*'eek in advance ol the proposed meeting date. \\,'henever the Association Presidenr, or his/her
Reptesentative, makes suggestions or recommendations to the City Nlanager or his/her designee fot Labor
Relations, speciEcallv concerning Froductivity of iob safety, the City }fanaget or his/het designee for Labor
Relations, will respond as appropriate.
Section 11.3. work Rules and lncorpotation of The Ciq u'ill provide rhe Associadon u'ith a @
copv of any written rules that are instituted ot modi{ied dudng the term of this Agreement affecting emplot'ees in
the bargaining unit. In the event the City desites to alter, amend, or modify existing u,ritten work r:les, or
promulgate new wri$en s.ork tules, the proposed changes v'ill be submitted for reliell' ro a joint
labor/management committee. The Cin'sha.ll have t\l,o (2) represeritatives and the Association shall have tu'o (2)
representatives on this committee, rvhich rvill make tecommendations to the Ciq,NIanager. The proposed changes
shall not become effective until a final decision of the Citv }vfanager has been rendered rvhose decision is not
srievable. Thc Personrrel Rules ate incomoreterl herein- unle ss otheru'ise soecifrcallr or:or ide<l t'rrr in this
:\gr:eement-
Section 11.4. Stress Reduction/Police Department's Public Safety Communications Unit. Those
employees covered by this Agreement rvho work in the r\{iami Beach Police Department's Public Safetv
Communications Unit @SCL), *i1l be given a suess reduction training program provided bv dre Citv. Such stress
training rvill be a one-day str€ss seminar as given to s\i'orn officers. Should an employee and/or management
supervisot believe that an emplol'ee might benefit by being referred to the City's Employee Assistance Program
(EAP), then the employee uili be referted consistent with curent policies. Ifan employee needs help bevond that
offered b1' the EAP, then the EAP mav tequire appropriate referrals fot outside professiona.l assistance.
GSAF. 39
Page 563 of 81 3
Section 11.5. Labor/Management Committee. In order to strengthen the parties' labot/manzgement
relations, the Association agrees to participate u'ith the Gty in labor-man^gement committees to address the issues
in Depanments. Such commirtees mav be requested bv the Association ot bv the Citv (through the City NIanager,
Department Directors, or designees) to meet at mutuall1, accepted times.
Section 11.6. Safety. The Citl'agrees to provide, at no cost to the emplovee, anv appropriate safetv equipment
requited to be n orn ot otherwise utilized by the employee. This shail include such items as hard hats, gloves, etc,
Those employees issued such equipment will be responsible ior such safet,v equipment, and anv loss or damage
due to the neglect of the emplovee mav require the employee to pay for the replacement of said Ciry-issued
equipment.
") The City agrees to provide, upon request, up-to-date, non-glare scteens for computer teflninals.
b) The City shall evaluate and ptovide" upon tequest, a u.rist rest, which u'ill help aller.iate the stress
uPon the hands and arms of those employees performing repetitive motion, to all persons rvho
use computers tbr more than 50% of the.ir workdav.
c) The Citv rvill ptovide appropriate self-defense raining to all Parking Enforcement emplovees.
d) The Association is encouraged to have its members volunteer to serve on the Department Safen
Commimees that are being organized in each Ciry'Deparmrent. The bargaining unit member
serving on the City's Safety Committees *,ill not sufl-er anv loss of benefits or rvages for
attendance at regulatly scheduled meetings during regular schedulecl u'ork time. No overrime
vill be paid for attendance at such meetings,
e) Ifthete is a central, Citvrvide Safery Committee, rhe Association's Ptesideng orhis/herdesignee,
mav be a member if he/she so requests.
Section 11.7. Bulletin Boards. The Association mav, at its ou'n expense, place a bulletin boatd in each
department, not to exceed approximately three feet by nvo feet (3' x 2) in size. The Bulletin Boards shall be used
for posting the follorving notices only:
") Notices of Association N{eetings.
b) Notices of Association Elections.
.) Reports of Association Committees-
d) Recreational and Social Affairs ofthe Association.
GSAF.40
Page 564 of 81 3
E Any matedal of informational nature related to Govemment Supen isors Association of
Florida/OPEIU.
N{aterials, notices or announcements which contain anything political or conrroversial that might reflect upon the
City, anv ofits emplovees, or anv other labor organizations ilnoflg its emplovees, ot anv materials, notices, or
announcements u,hich violate anv of the provisions of this Section, sha11 not be posted.
Any matedals that are posted v'hich are not in conformance rvith this Section ma-v be remor.ed at the discretion of
the Citl.
Section 11.8, Probationary Employees, A probationary- emplol'ee rvho is dismissed u'ithout cause shall have
the right to cliscuss u.ith the appointing officer the reasons for such dismissal at a mutualhr agreed to time.
Follos,ing such meeting, a probationary employee, ifhe/she so desires, shall have the right to further review the
teasons for su& dismissal u'ith the City N{anaget or his/her designated representative at a mutually agreed to time.
It is expresslv undetstood, hou'ever, that the appointing officer retains the exclusive discretion vith respect to the
retention ot dismissal of probationary employees.
Pedodsofabsenceshallcausetheprobationarlperiodtobeextendedtbranequalamountoftime. Attherequest
of the appointing authority, the Citl' I!{anagers designee for Human Resources mav extend d-re probationary period
for up to tliree (3) additional months provided that the reasons fot extension are grven to the employee in advance
of the expiration of the iaitial probationarv period. The Citv acknou.'ledges the imponance of giving timely
performance appraisals and feedback to probationary emplovees.
Section 11.9. Notification in the Event of Transfer or Contracting Out. \\'lren rhe Cin contemplates
entering into a contract \r'ith an outside suppliet or sen'ice agencv to perfotm senices presentl,v being performed
by.- bargaining unit employees and such conuact shall result in the lay-off of an,v bargaining unit emplovee, the City
agtees that it w'i.ll, upon v'tinen tequest, meet and discuss v'ith the Representatives of the Union the effect of such
corrtract upon members of the bargaining unit.
If the City enters into such a contract and, as a result theteof, an emplovee rvill be laid oft the City agrees to ask
the Contractor to provide first consideration fot such employee for any available work.
In the event that the employee is not employed by the contractor, the Citv will offet such employee anothet
available job rvith the Ciry, if there is a budgeted vacancy and the emplovee affected b,v the subconttacting is
qua-lifiec{ to perfotm. Questions of qualification to perform the iob duties shall be decided in the sole discretion of
the Citl Nfanager's designee for Human Resoutces.
(;SAF - 41
Page 565 of 81 3
If there are no iobs available, the teduction in force provision contained in the Petsonnel Rules shall apply,
provided that such laid-offemplol'ee shall be recalled to u,ork before dre Cityhires nev'permaoent employees to
perform the work of the classification held bv the employee at the time of the lavoft-.
This recall tight shall exist for up to the individual's total senice time u'ith the Ciq,, but not to exceed two (2) years
after the date of the person's layoff date, but such recall right shall cease as of tv'o (2) vears after layof( or if the
emplovee does not retum to rvork as scheduled ifhelshe is offered a recall notice prior to the two (2) years.
It shall be the responsibility of the laid-off employee to nodfy the Human Resources Department vhen technical
skills, ttaining, and experience have been enhanced duting the lay-offpedod, rvhich mav allorv the individual to
applv for another bargaining unit ]ob v,ith the Ciry.
Nothing in this Section s'il1 be construed to limit the Association's right to bargain conceming the idenrji-ied
impact or effects of subconttacting out or transferring upon Bargaining Unit members.
Section 11.10. Senioriw.
1) When vacations are scheduled, permaneflt vacancies or shitis are filled, or ptomotions are made ro a
position u.ithin the bargaining unit, senioritv shall applv rvhen all other factots are equal. For these
purposes, senioritv shall be measured bv the length of time in the affected classification ofthe Bargaining
Unit except:
. For those members promoted on rhe same date, senioritv rvill be tletermined by date of
emplo)'ment; and
o Fot those members vhose promodon date and date of employment ate the same, seniodty shall
be detemrined by the higher score on the eligibiliq.' list.
r Fot those members rvhose promotion date, date of employment and eligibilitl,list scotes are the
same, senioriry shall be determined bv total seruice/longer.itv hours to date *-ith the Gry.
2) Seniority u.ill not applv in an emergencv.
Section 11.11, Reduction in Fotce. \\'lren there is a reduction in the bargaining unir v'orkt'otce, emplovees will
be subiect to the lavoffprocedure ser forth in the Ciry's Penonnel Rules.
Section 11.12. Militalv Leave. Federal and State law conceming militan,leave govem the Cin and all emplovees
GSAF.42
Page 566 of 813
represented br. this Agreement shall receive the benefits of such larr.s.
Section 11.13. Pay Advances. An emplovee in this unit mav request his/her pay check in adr.ance of anv
scheduled annual lear.e b,v submitting a v'dtten request to the Human Resources Director at least one (1) pav
pedodpriortoleavingonannualleave. Hou'ever,thervrittenrequestdoesnotguaranteethattheCitvs'illbeable
to pror.ide the employee rvith a pav check in advance of anv scheduled pay dar'. Approval for an advanced pay
check rvi.ll not be utreasonably u,ithheld.
Section 11.14. Mentodng Progtam. Bargaining unit emplovees may requesr to pardcipate in the City's
Nfentoring Ptogram, as set forth in the Hman Resources' Department policies and prc.rcedutes, which mav be
changed ftom time to time or discontinued at the City l,Ianager's discretion. Denial or disapproval of a request for
participation in this Program shall not be grievable.
Section 11.15. Political Activities of Employees. Except as provided by Federal, State, Countr. laws and/or
Ciw of l'Iiami Beach lav.s, ordinances or rules including Personnel Rule I@), the Citv shall not malie, adopt or
enlbtce anv rule, tegulation or polici,;
a)
b)
Forbidding or preventing emplovees from engaging or patticipating in politics or from becoming
carididates lor public office; or
Controlling, clirecting ot tending to conffol or direct the political activities or affiliations of emplo-vees.
It is understood that no political activities mav be conducted by unit members dudng the emplovee's scheduled
s.ork dav or with Cit1,- equipment and/or City resources.
Section 11.15. Ptomotions. The term promotion as used in this Agreement means the advancement of an
employee to a higher paving classification. \Vhenever a bargaining unit job opening occurs in any existing job
classification or as a result ofthe del'elopment or establishment ola nes, classification, a notice shall be posted for
no less than two (2) weeks.
Eligible and qualiEed employees u'ho rvish to applv fot the open bargaining unit position may do so in *'dting and
submit the application to Human Resources. If there is more than one (1) employee qualified for promotion to
the bargaining unit iob classification that have equal skill, abilitv and qualifications (t'actors to be considered
include but are not limited to skill, ability, <lualifications, intervieu, score, disciplinarv histon*, attendance history
and performance evaluation scores) then seniori* with the Cir,"- shall applv. Senioriw fot the purpose of this
subsecdon shall mean length of continuous sen-ice rvith the Citr'.
GSAF - 43
Page 567 of 813
ARTICLE 12
DRUG AND AICOHOL TESTING
The City and the Association recognize that emplo)'ee substance and alcohol abuse has an adverse impact on City
govefnment, the image of Ciry emplovees, the general health, welfare, and safety of employees, and the general
publicatlarge. Bothrandomandreasonablesuspiciondrugaadalcoholtestingshallbeconcluctetlpursuanttothe
N{emorandun of Understanding reached benveen the parties and incorpotated herein bv reference.
GSAF - 44
Page 568 of 81 3
ARTICLE 13
IAKEHOMEVEHTCLEPOLTCY "ffi
To rlefrat the nnetrtint e\benc{' innrre.l hrr thr- Citr: a< 'r rr"crrlt nF the n.'n-^fr"i.;"1 ,,.. ^r: t"L-"-},^mA tlFl"i.lA< +
ernplo] ees shell he as-.e ssecl a user fee. 'llhe user fee shrll be e rate ner m ile m ultiplied l;l the n umber of rountl trip
mi.lcs as shon n h]' rhe vehicle's r\\r|. lreueen rhe emplol'ee's prinmr]' residence arrcl the (lit]' linrits. The mre fer
milc rvill bc tirurrccn oerccnt (1416) of the Intcrnrl Rctcnuc Servicc st:rndard busincss milcaue tate. as rrmsnclcd
t'rom timc trr time.
Entplorees nrat nnt oark th.'ir cars in a locatiqn so !1s to circumvent recluce the restricrions ouflined in this sectiorl
nril,"a,ru' rlcterminetinn,.,'tli...l i. thi. ...ti^.
The i.lnion lgrees thrt elch bergairring unit ernplo)'ee tho i: rssignetl a take-honre tehicle u'i[[ putchase ar his or
her expen-<e an extended non-ou.ner coverage etdr;rsement or non-ou'ner auto insurance coverage in the amount
of at lerrsr -S1{)0.0{-)0. rtithiu -10 clats r:f this efiectir.e clate of this asreement. In aclditiorr- the errnlovee n'}ust
maintoin irn extenclcd non-orvnecl cor.era*e e ndorsemernt or rrrrn-ou ner ;rtrto insurancc cor.erage in the amotrnr of
at least.Sll)1.).001)- tbr so krng as he ot she is :rssi.r'nsd a take-home vehicle. [mokrvees rvho rre initiallv assigned a
rike-honre l eh icle. subsequent to date oiritiflcation of dlis agreement. shlrll be required to obtain and m:rintain an
e\te r'Ided rlon-os ner cover:l,qe en(l()rsenrcnr or non-(,\\ n('r alrto insurance colerige in tl)e rrfflourtt of at lexst
$tl(t.t)tl,). pr
hcrsin. ma)'hlc thc trrkr-h,>n.re velricle pdvilege revokecl at the Cit]"s discretion, If the insurance inclustr] no
Ionger provides lhe ertencletl nort-ot rrer c,rr,ertse entlorsement nr norr-orvner lrrto insurence colcragc. rlrere tr,ill
he r re-opener irt ,rrtler for thr (liq and [.lnion to tljscLrss rhc frrovisions set tnrdr in this secrion on]).
FOII3TEII9Ug!9E
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GSAF.45
Page 569 of 81 3
ARTICLE 14
MOUs AND SIDE AGREENIENTS
lli ctive upon rrtification of this Agrcement bl' tlre Farties. all previouslj. existing N{()Lis and side agrccnrcnts rrc* -@null anrl rtrid. cxcept ior thoser attacheci hereto and incorporatec{ herein as Appendix "A." specifically:
r l'lemotrndum of Linclerstancling,provicling fclr an:endrnents tr; various rvater disrribudr>n related iob
r{escriptions" provicling ibr the payment r:rirelater{ emplrryee trainin$ and certifications- and othet related
o Side AgJeement providing tbr tool reimbtLrsen.rent to Leecl l'lechanic antl 5%, emers{enc,"- medical
teclrnicirn iF-]{T) supplenrerrral pal ro Berch Patrol Opendons Supen isor: erectrterl on trIrJ 2-i.2otr5.
r Sicle Agreement plrvicling the (]rime Scene Supen isor rvith a take-home vehicle in lieru of sranrib)' ply:
execr"rtcd on ()ctober '17. 2{11)3.
Page 570 of 813
ARTICLE 15
TUITION ASSISTANCE
Sul.riect to annlicable Personnel RLrles. Ieate ordinrnces lnd tuition rrracrice ednrinistrative rrrocer{utes. an
enrplor ee mat' request an educarionr] lerr e oiehsence s'itlrout nay l.o tike x course or colrrses in a fielcl related t.r
Up<>n rauficarion of this A6',teement. emplo!'ees covered b]' ths bargaining unit are e[gible tor the tuition
rssistrnce progr:r:n set torth jn Resolurion No. 2015-28891. aclo|tetl Jlruery l-1.2015. rrhich provides the
followins levels oi lrenefir:
Six (lrtciit hours pcr scmcstcr lr>r a t,rtrl of rrveh e credits pcr calcntlar !,carrriI bc rcimburscd- rs ibllou s:
I .\fprot ec{ trntlcruraclurre. c,rmmuniq collcllq courses rnd non-crcditlccftificxre c()urs(s \\'ill bc
reimbursed as tollorvs:
o 80011, for courses in rvhich the emplo)'ee ear:ns rin A
o 600,1, tor corrrses in rvlrich the emplo] ec carns r R
o 401/or firr cr:urse s in u.hich the emFl, r) ec crrns r ( l
r .\nr;roverl srrrtluate corrrse. rvill be reirnbtrrserl rs follou's:
o BUi; lor c,rutsts in whiclr the emololcr rarns rn -\
c 6tJn1, fr,lr c,-lurscs in which thc emnloler earns r -tJ t .
The levels of benefit identified lbor e mrl be sulriect to clrenge b! the (lit] (lomnris-.ion. l,ur in no er ent shali l:e
lcss rhan the lcvels oi benetlt itlentified belorv: t\
One course ner sernester/trimcster/qurrnef equir elenr ro tlrree creclits [or .: torel oI trvelve creclirs ner
calenchr ),ear rvill be reimbutsecl. as tbllorv.r:
. .\nnrove(l un(lrrsra(lurlte conrnlunit\ colle!'e courses xn(l non"cle(lit/certit-lcxte courses $'i11 l]e
reimburseci at an rmorrnt n,rt cxceedin$ S [58.25
' r\nnroverl unJereradurte trnirersitv courses s,ill be reimbrrr-.ed 2t arr irnount not ercecrlins
s25 1.1 6
. -\ g,psot ecl [rxduate c(,u l scs \\'ill bc re imbur*c.l ,r An :]m()rrr]t n,;t cxcccdinc S5 .] l . l 5
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GSAF - 47
Page 571 of813
ARTICI-E {316
SAVINGS
Ifany provisions of this Agteement are subsequendv declared by the ptoper legislative or judicial aurhoriw to be
unlau.ful or unenfotceable, all other provisions of this Agreement shall remain in full force and effect for the
dutationoFthisAgteement. Uponissuanceofsuchadecisionordeclarationrvhichisnotappealedbyeitherparry,
the parties shall, following a request by either party, negotiate in good faith on a substitute aricle, section or
portion thereof.
GSAF - 48
Page 572 of 81 3
ARTICLE 1417
ENTIREAGREEMENT
The Association acknos'ledges that during negotiations resuldng in this Ageement, it had the right and
opportunity to malie demands and proposals rvith respect to any and all subjects oot removed by lar*'from the area
of collective bargaining and that the complete understand.ing and agteements arril,ed at bv the parties after exercise
of that right and opportunity ate set forth in this Agreement. Therefore, the Association waives the right, duting
the term of this Agreement, to bargain collectivelv u'ith respect to any subject ot matter refefted to or coveted in
this Agreement, and it particulatll, rvaives the right to bargain over the City's exercise of an1.- of its }lanagement's
rights set ferrth in the N{anagement Rights Article of this Agreement, [.e., changing .r.ork hour schedule,
transferdng emplovees, lafing off employees, etc., except as other*'ise ptovided herein).
The parties intend that this Agreement shall constitute the sole source oftheir rights and obligations from and to
each other for its tetm either b,v specific provision or bv silence. Ilthe Apgeement does not ptevenr it, the Ciqy
may take anv action (or tail to take anv action) it desites and shall have no obligation to bargain with the
Association conceming the taking, or not, of the action; but may take unilateral action at the time it desires. The
Association does not rvaive, and shall retain its right, to bargain with the Ciq.- over the impact of anv action taken
by- the Ciq'not set forth in this Agreement, but such impact batgaining shall not sen'e to delav l\{anagement's
action until agteement or impasse is resolved concerning the impact at issue.
This Agreement may be amended by mutual agreement of the parties but any amendments must be in writing and
signed bv duly authodzed Representarives of the parties before it rvill be effective.
GSAF - 49
Page 573 of 81 3
ARTICIJ 1+18
TERM OFAGREEMENT & REOPENER
This Agreernent shall become effective upon City Commission apptoval and shall remain in effect until the 30,h
I da1' of September 2O+5211-l!. Wtinen notification, by either parq', shatl be requirecl r*'ithin no less than one
I
hundred tu,enty (120) davs prior to the expiration date ofthis Agreement indicating their desire to renegotiate the
provisions ofthis Agreement. Negotiations shall begin no later than ninety (90) days prior to the expiration olthe
Agreement.
(;sAF - 50
Page 574 of 813
Executed bv the parties hereto on the
-
day of
| :s{s201-6.
GOVERNN{ENT SUPERVISORS ASSOCIATION CITY OF NI]AA,{I BEACH, FLORIDA
OF FLORIDA, OPEIU, LOCAL 1OO
B!":Byt
(iteg Blackman
GSAF President
Donald D. Slesnick
GSAF Chief Negotiator
John Gtesham
GSAF Chief N'{embership Representatir.e
| ,t pproved by vote of the Ci* Commission,
ATTEST:
Rafael E. Granado
Cit_v Cletk
Jimmy L. N{orales
Cin l\'Ianager
4*2016.
@
i\,Iavor
GSAF - 51
Page 575 of 81 3
GOVERNMENT SUPERVISORS ASSOCIATION
oF FLORIDA! OPEIU. LOCAL 100
EI.E,CTION OF REMBDY FORM
Grievance No
This form must be completed and signed at t}re first step ofthe gtierance procedure.
Employee must elect, sign, and date only one of the t*'o following choices:
1.- I/We elect to utilize the Grievance Procedure contained in the current Agreement
betv'een the Ciry of j\{iami Beach, Flodda, and Govemment Supen-isors Associarion
of Florida, OPEIU, Local 100. I undetstand that this choice precludes mv utilization
of Option Numbet 2.
Employee Signaare Date
2.- I/\X/e elect to utilize another forum for my/our gtievance, and in doing so, Ilv'e
pemaneltly rvaive my/our conuactual right to the Gdevance Procedure contained in
the current labor Agreement betu'een the Ciw of N.Iiami Beach and Goverment
Supen isors Association of Florida, OPEIU, Iocal 100. Any tesolution of a grievance
from another forum cannot be inconsistent u,idr the terms ofthe collective bargaining
agreemenr that is in effect.
Employee Signature Date
R#€g
Ml@|;e$)dreoni lB)l}il)rift r1!reslenrs\(;$,1 2{(,1 :{,}1 I l!@
frrl+
(;sAF - 52
Page 576 of 81 3
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MtAMt BEACH, FLORIDA, RATtFytNG A THREE (3) YEAR LABOR
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE
GOVERNMENT SUPERVTSORS ASSOCIATION OF FLORI DA (GSAF), OpEtU,
LOCAL 1OO, FOR THE PERIOD FROM OCTOBER 1, 2015 THROUGH
SEPTEMBER 30, 2018; AND AUTHORIZING THE MAYOR AND CITY GLERK
TO EXECUTE THE AGREEMENT
WHEREAS, the City is hereby submitting to the Mayor and City Commission the attached
tentative Labor Agreement, recently negotiated between the Ci$ and the Government Supervisors
Association of Florida (GSAF), OPEIU, Local 100, forthe employees covered by said Agreement for
the period covering October 1,2015 through September 30, 2018; and
WHEREAS, the previous Labor Agreement was for a three year period from October 1,
2012,lhrough September 30, 2015; and
WHEREAS, Exhibit A to the 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 GSAF; and
WHEREAS, any changes to the substantial form would be non-material in nature as
determined by the Ci$ Attorney and the GSAF or else would require re-ratification by the City
Commission and GSAF; and
WHEREAS, the GSAF bargaining unit has a scheduled ratification vote on September 23,
2016, among its members for the proposed Labor Agreement attached; and
WHEREAS, since the outcome of the ratification vote will not be made available in time,
the results will be provided to the City Commission through a Letter to Commission (LTC); and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approving and authorizing the Administration
to amend the three (3) year labor Agreement with the GSAF, OPEIU Local 100 bargaining unit for
the time period covering October 1,2015 through September 30,2018, Exhibit A hereto.
PASSED AND ADOPTED this _ day of 2016.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
FIHUMA\Labo\Contracts\City Commission\City Commission Agenda ltems\Commission Meeting - 09-27-16\GSAF 2015-2018 Labor
Agreement Resotution 09-14-16.doc page s77 of g13
AGREEMENT
Between
CITYOF MTAMI BEACH, FLORIDA
and the
GO\IERNMENT SUPER\ASORS ASSOCIATION
oF FLORIDA, OPEIU, LOCAL100
Period Covered
Octobet 1, 20122015 to September 30, 20152018
Exhibit A
GSAF-1
Page 578 of 813
TABIE OFCONTENT
P"g.
AGREEMENT ..............4
PREAMBLE .................. s
GSAF.2
Page 579 of 813
WAGES & FRINGE BENEFITS, continued ................... Page
Section 8.8. Uniforms.......... ............................-
Section 8.9. Safen, Shoes..... ....,......................27
Section 8.10. ShiftDifferentia1.......................... .................................27
Section 8. I I . Rate of Par' \\'hen \\ orking ()ut of Classification .................. ...........28
Section 8.13. Perfect Attendance Bonus......... ................................. 29
Section 8.14. Part-Time Emplol'ees........ ..............29
Section 8.1-5. Sick and Vacation Leave Accrua1 and Ma-rimum Payrnent on Termination..................29
Section 8.16. Pay for Hazard Duty ......-.............. ..............................29
Section 8.17. Essential Personnel (Hurricane P^,u).................... .................................30
Section 8.18. Ucense(s) N{aintenance..... ...............30
Section 8.19. Tool Reimbursement Program. ..........30
Section 8.21. Skill Pay Supplement-.... .................31
Section 8.22 Profession'rl Licenses andl'or Certifications........................................................,,......
Section 8.23 Florirla Departmcnt of Environmental Protection "Class 1" \\'rter Distributir,n SJstenr
()perator.l,icense
ARTICLE 9: INSURANCB....
ARTICI.E 10:PENSIONANDRETIREEHEALTH... 36
ARTICLE 1L GENERAL PROVISIONS
Section 11.1. Dlsctimination. 37
Section 11.2. Meetings Berween Parties.......,........ 37
Sectinn 11.3. \York Rules...... 37
Section 11.4. Stress Reduction/Police Department's Public Safew Communications Unit... 37
Section 1 1.5. Labor/Management Commirtee . 38
Section 11.6. Safety................. 38
Section 11.7. Bulletin 8oards............... 38
Section 11.8. Probationary Empkxees................. 39
Section 11.9. Notification in the Event of Transfer or Contracting Out.................................... 39
Section 1 1.1 1 . Reduction in Force ...............-. 40
Section 11.12. N{ilitary Leave... 40
Section 11.13. PayAdvances... 41
Section 11.14. N{entodngPtogam.............--....... 41
Section 11.15. PoliticalActivitiesof Emplor.ees... 41
Section 11.1(r. Ptomotions...... 41
ARTICLE 12r DRUG & ALCOHOL TESTING
ARTICLE 13: TAKE HOME VEHICLE POLICY.........
33
nn
GSAI.'- 3
Page 580 of Bl 3
44
ARTICLE 1518:TERM
45
AGREEMENT
AGREEMENT
THIS AGREEN{ENT, wzs made and entered into on this _ dav of
20133U16, bv and betu'een the CITY OIr NfiAIlI BEACH, F'LORIDA (herein called the "Citv'), and the
Govemment Supervisors Association of Florida, (GSAD OPEIU, Local 100, (-rerein callecl the "Association').
OF
-{ffi
GSAF - 4
Page 581 of813
PREAMBLE
V"HEREAS, the Association has been selected as the sole and exclusive bargining representative by
a maioriw of the emplovees set fofth in the Recognition Article, and has been recognized by the Citv pursuant
to the lavs of Florida as the sole and exclusive bargarning representative for said emplo;.ees;
V'HEREAS, the City and the Association have voluntarily endorsed the practices and procedures of
collective bargaining as a fair and otdetlv wa,v of conducting relations berrveen the Citv and the emplol-ees
cor.eted by this Agreement insofar as such pracdces and procedutes are appropriate to the obligations of the
City to effectively opetate the various departments of the City and are consonant with the paramount
interests of the public;
WHERLAS, it is the intention of the parties to this Agreement to provide, rvhere not otherw-ise
mandated by Statute, for the salarl' schedule, fringe benefis and conditions of emplovrnent of the emplo,vees
covered bv this Agreement, to pn>vide for the continued and efficient operation of the r.arious depanments
of the Ciq., and to provide an orderl,v and prompt method of handling and processing grier.ances;
NO\r, THEREFORE, the parties agtee rvith each other as follows:
GSAF.5
Page 582 of 81 3
ARTICLE 1
RECOGNITION
Section 1.1. Representation and Bargaining Unit. The Ciry recognizes the Association as the sole and
exclusive tepresentative of all emplor,ees in the unit described below.
Section 1.2. Unit Description. All supervison emplovees of the Cin of Nfiami Beach in the folJorving
classifications, excluding all other employees emplo,yed b,v the Citv of l\liami Beach.
,{-ir Conditioniog Supervisor
Backflou' Coordinator
Beach Patrol Operations Supen'isor
Carpenter Supervisot
Central Sen'ices Supen isor
Ciqv Surveyor
Communications Supen'isor
Crime Scene Supen'isor
Electiciao Supen'isor
Electronics/Insrrumenrs Supen-isor
Fleet Opetations Supervisor
Lead i\{echanic
l{aintenance Supenisor
tr'Ietered Service Supen isot
Paint Supervisor
Custodian Park Operations Supenisor
Parking Operadons Supen isor
Plumbing Supen'isor
Pumping Operations Supervisr.rr
Recreadon Supen'isor I
Sanitation Operations Supervisor
Senior Building Inspector
Senior Engineering Inspector
Service Supervisor
Seu'er Field Operations Supen,isor
Street Lighting Operations Supervisor
Street Operadon Supen'isor
l*iarehouse Supervisor
\\'ater Field ()perarions Supen'is<>r
Watet Meter Supen'isor
91 1 Communications Records
The Ciq and the Association agtee that in the event the Cin substantially changes a job classiiication rx,hich
remains s,ithin the bargaining unit or combines job classifications within the bargaining unit, the Cirl will
bargain nith the Association upon their request concerning the appropriate rate ofpav for the nerv, changed,
or combined job.
Until agreement is reached or impasse is tesolved, affected employees rvill be paid as detemined by the Citv.
Upon agteement as to the rate oF pay for the new, changeci, ot combined iob(s), the agreed tate shall be
retroactive to the date that the Association's request for negotiation rvas received by i\Ianagement.
The Cit,v agrees to provide the Union rvith a periodicallv updated list of emplol'ees rvho have been hired,
promoted and/or transferred into positions that are rvithin the bargaining urit.
The parties agree that they u,,ill periodicallv revier*' the lob classifications and, if appropdate, file a joint
petition to Public Emploi.ees Relation Commission (PERQ to determine v-hich positions should be included
or exclude<l from t}e bargainin.g unit.
GSAF - (;
Page 583 of 81 3
Section 1.3. Job Descriptions. The parries r$ree that en)'changes irr thc io['r descriptjons frrr dl pr:siri,rns in
the barg'aining unit are sLrbicct to impact bargaining and r.rot the Personnel Boarc{. Further. an,v Frovision in
the il:b clescriptions ior ill bargairrin$ utit positinns reeluiring Cit,v empkrl-rnent shall be removecl effective
uoon ratiiication.
ARTICLE 2
DEDUCTION OF ASSOCIATION DUES
Section 2.1. Check-off. Upon receipt of a lar.vfully executed u'ritten authodzation ftom an employee, which is
presented to the Citv b,r' an official designated by the Association in *riting, the City agrees duting the term of this
Agreement to detluct the uniform biv'eekly Assochtion dues of such emplo,r.ees from their pav and remit such
deductions to the Association Treasuret together u'ith a list of the emplol's6s from v-hom deductions rvete made;
provided, horvever, that such authorizztion is revocable at the employee's r,'ill upon thirq.' (30) davs *:rinen notice
to the City and the Association. The Association rvill notifi the City thirq, (30) dals prior to any change in its dues
structufe.
On Januan, I of each ,veat of this Agreement, the Association u'ill remit to the City $100.00 as an
administrative fee fot the collectir:n of dues by the Citl'.
Section 2.2. Indemnification. The Associarion agrees ro indemnift and hold the Ciry harmless against any
and all claims, suits, orders or judgments btought or issued against the Citl as a result of afly action taken or
not taken b1- the City under the provision of ttris ,A,rticle.
GSAF - 7
Page 584 of 81 3
ARTICIT,3
MANAGEMENT RIGHTS
It is tecognized that, except as stated hetein, it is the right of the Ciq, to determine uoilaterallv the purpose of
each ofits constituent agencies, set standards ofsenice to be offered to the public and exercise control and
disctetion over its organDation and opetadons. The Association recognizes the sole and exclusive rights,
povers, and authorities of the City further include, but are not limited to, the following: to direct and manage
emplol.ees of the Citv; to hire, promote, transfer, schedule, assign, and retah emplovees; to suspend, demr:te,
discharge or take other disciplinary action against emplol,ees for just cause; to relieve employees from duty
because of lack of work, funds or otlet legitimate reasons; to maintain the efficiencv of its operations,
including the right to contract and subcontract existing and future work; to determifle the duties to be included
in job classifications and the numbers, qpes, and grades of positions or emplovees assfuned tr: an
otganizational unit, departrnent, or project; to assLm overtime and to determine the amount of overtime
tequired; to control and regulate the use of all its equipment and properry; to establish and require employees to
observe all applicable rules and regulations; to conduct periomrance evaluations; and, to determine inrernal
security ptactices; provided, howevet, that the exercise of anr ofthe above rights shall n<>t conflict with any of
the express rvtitten provisions of rhis Ag'reement. The Association, its ofticets, agents, and members agree that
the,r' r*;1 nr:t interfete with l{anagement in the petformance of its duties.
The Ciry agtees that, prior to lavof[ of bargaining unit members, it vzi]l advise the Association.
I1, in its sole disctetion, the Ciry determines that emergencl' conditions exist, incltrding, but not limited to,
rir>m, civil disotders, hurricane conditions, or similar catas&ophes, the prol-isions of this Agreement may be
suspended b.v the Ciq.- N{anager or his/her designee during the time of the declated emergenq'-, pror.ided that
wage rates and monetary fringe benefits shall not be suspended.
Should an emergencv arise, the Association President shall be advised, as sooo as possibie, of the nature of
the emetgency.
GSAF - B
Page 585 of 81 3
ARTICLE 4
PROHIBITION OF STRIKES
No employee, Association officer or agent shall instigate, promote, sponsor or engige in any strike, slou'dowq
concerted stoppage ofwork or anv other intentional intemrption of the operation of the employer, regardless of
the reason for doing so. Any and all emplol'ees v'ho violate aoy of t}e provisions of this Artide may be discharged
or otherwise disciplined by the Ciq,'. Such dischage or discipline shall not be the subiect of any gier.ance
pnrcedure or appeal procedure provided in the Algeemenq except as t<> the question of fact.
ln the event r:f a strike, sk>rv dorvn, concerted stoppage of',vork, or other intentional iorernrption ol the
operations of the emplover, regardless of reasons for doing so, the Association shall take direct and
immediate action to the fullest extent of its pover to bring about a cessation of such actir.ities.
The emplorees and the Association, individually and collectively, found to be in violation of this Article shall
be liable for anv damages or costs *.hich might be suffered bv the Citv as a result of a violation of the
pror.isions of this Article, in accordance with la*'.
GSAF _ 9
Page 5BO of 81 3
2)
3)
ARTICLE 5
ASSOCIATION REPRESENTATION AND EMPLOYEE RIGHTS
Section 5.1. Association Representation
1) The Association may select up to four (4) emplovees ftom rvithin the bargaining unit to act as
Representatives. The Association rvill make a good faith eFlort that each emplor.'ee comes &om a
different dMsion and/or v'ork unit The names of Association Represenutives shatl be certified, in
u.riting, to the Citv tr'Ianager and/or his or her designee ficr Labor Relations, as r.v'ell as to concemed
Departrnent Directors. V'ith the pdor approral of concerned supervisots, the four (4) Representatives
rnay use union time bank hours to attend grievance meetings, pre-discipline inl.estigation meetings, and
labor/management committee meetings u,'ithout krss of pa1, fr:r time spent during the Representative's
tegular rvork schedule. No more than nv'o (2) Representatives maf use union time bant hours at the
same time. union The supen'isor's appror.al rvill not be unreasonablv rvithheld; provided, hov'ever,
Representatives w'ill conduct their business so as to not disrupr the nornal activities of Ciw
Departments. Representatives are required to rerum to work and notify their supenisot immediateh
follorving or as soon as ptacticable after any such meeting being artended.
Up to four (4) emplovee members of the Association's bargaining team may artend contract negodadon
sessions with the Ciqv duting their assigned work hours without loss of pav. Each emplr:vee must come
from a dil-ferent division and/or s,ork unit within the emplol,ee's ciepartmenr
The Association ma,v designate trvp (2) emplol'ees to attend Cin Commission meetings, Personnel Board
N{eetings, Pension Br:ard Nleetings or othet Ciq, meetings vhen a marter direcdy relating to the Collectir.e
Bargaining Ag,reement is on the Agerldr of the Gtv meeting during his/her regrult work hours uithout
loss o[pa1', provided that neit]rer Repesentative shall attend the same meeting as the other Representative
at the same time. Prior approval must be given b,v the Representatir.e's supenisor. The Representadre is
required to refixn to work and notifr their supervisot immediatel,v or as soon as practicable after the
paticuJar matter relating to the Collective Bargaining Agreement has been ad&essed.
Anv absence ptovided for herein shall be subject to the prior written reguest by the Representative at least
trv'entl-four hours prior to such meeting and requires the approval of the ernplrryee's supewisor. The
supervisor's approval wdl not be urteasonably. *ithheld; provided, ho*'ever Representatives rvjll adhere to
the afotementioned retluest notification procedutes. Emplolees shall not be paid <xertime For attendance
at any meeting discussed in this Article. App,tor.-ai to attend emelgency meetings ma,v be granted verballl.'
and within t}e mr-entv-fr:ur (24) hour timeftame.
A ma:iimum of nv-o (2) delegates of the Association's four (4) Representadves will be granted a ieave
of GSAF - 10
Page 587 of 81 3
absence rvith pay not to exceed five (5) business days per delegate (for a total of ten (10) business
days) per calendat.vear, for the putpose of attending State and Intemational unir:n conventions, The
two (2) delegates sha1l not be ftom the same division and/ot s,ork unit. lraves r:f absence shdl not
exceed ten (10) business days in total in any calendar r,ear. Business da;s sha1l be defined as lvlonday
thtough Fridav, excluding CiW recognized holidays and are not permitted to be taken in any trvo (2)
consecutive \\,orkveeks. All requesrs for leave shall be submitted to the Office of Labor Reladons by
the Association's President. The Association's President shall ptovide supporting documentation for
the dates and locations of an1' such conventions a minimum of eight (8) rveeks in advance For any
leaves of absence requested. The Office of Labor Relations shall fonvard all ganted leav-es of
absences to the appropriate department director andfor direct supen'isr:r so that the department
directors can make appropriate affangemenrs.
q The Associatiorr shall have the right to send one (1) ofits four (4) designated Representatives authorized
with pav to attend and pafiicipate in Ciq-g';6. empkryee otientations for nev'hires '*'hose classification
is represented by the Assrrciation, provided that attendance is only permitted for the portion of the
Citl"rvide employee orientation v,.here Collective Barlgining Units are permitted to address the amendees.
The Reptesentative is required to retum to work immediately or as soon as practicable after the
paniculat matter relating to the Association has ended,
Section 5.2. Employee Rights.
1) An emplo1'ee is entided to request that a single Association Representative be petmitted to attend all
fotmal inten'iev's u'here the Ciw's representative intends to gain ioformation liom the emplr:,r,ee being
interierved that may result in disciplinary action against the employee. The emplo,vee shall be
informed of the nature of the interview, the alleged conduct being im'estigated, and if requesred b-v the
empkrree, gh'en a reasonable period of time prior to the interr,'iew to contact an available Assr>ciation
Representetive, provided that the inten-iew is not reasonablv delaved.
No disciplinaa'action rvhich results in loss of pay sha1l be taken 4gainst an emplovee unless he/she is
notified of the action and the reason(s) for such tecommended action given in writing pdor to t}le
action, Notice in u'riting shall be given to the empkrl,ee as soon as practicable but no more than tirq-
6re scvcnn.tivc {45-5rdars after the date nhen thc Cin"is maJc err'.rrc of the allesed incidenr sivins risc
ro the acdon. a.lorc $.ith a coor ororided trr the Associetion.
N{anagement will adhere to progressir-e discipline rvhere appropriate.
\{'ritten '1'erbal r.r,aminp" shall not be kept in an employ,ee's personnel file maintained in Human
Resources unless it is a documeot sup;nrting formal disciplinarl, x6fi6n [.e, suspension/terminarion). lf
2)
3)
4)
GSAF.11
Page 588 of 813
6)
,
i)
an empk),yee receives t*-o (2) or more \r.ritten verbal v'amings for a similar action and/or behal.ior
during the time period being assessed fot the emplor,ee's Annual Performance Evaluation, t1le
vzrinen verbal rvarning shall be usec{ in that particular emplolee's Perfotmance Evaluation,
No emplovee shall be retaliated against or threatened *-ith retaliation by reason of the emplor.'ee tr>
exercise their rights set fofth in this Agreement.
The Ciq.' and the Association agree not to interfere u,ith the rights of an emplo1'ee to become or
not become a member of the Association.
Upon reasonable requesq afl emplol,ee shall have the right in the presence of the appropriate
representative of the Citr-, to rel'iev'and cop,v al1 or a pordon of the emplo,l,ee's official records u,hich
are a part of the emplor.'ee's personnel 6ie maintained by Human Resources or the emplol,ee's
personnel file maintained by the employee's Depanrnent The Cig. may charge a reasonable fee for
copiing in accordance *ith Chapter 119, F'lorida Statutes, but under no circumsances will the Ciw
chatge the emplol,ee for labor fees associated with the request.
GSAF - 12
Page 589 of 81 3
ARTICIE 6
GRIEVANCE PROCEDURE
Section 6.1. Pu{rose. It is recognized that complaints and lpievances may arise betrveen the bargaining agent
and the emplover r:r between the emplovet and any ofle or more emplolees concerning tlre application or
interpretation of any provision of this Agreement. The empkrl'er and the bargaining agent desire that these
gtievances and complaints be settled in an orderlJ', prompt and equitable manner so that the efficiency of the
City of l'Iiami Beach mav be maintained and the morale of employees not be impaired. Every effort rvill be
made b,s the emplol.et, emplol'ees, and bargaining agent to setde the gdevances at the lowest level oi
supervision. The initiation ot presentation of a grierance by an employee rvill not adversely affect his/her
standing rvith the emplover. Furthet, it is agreed that the Association may process grievances, advise, or
participate in meetings ot inteniews on behalf of its members, subject to the provisions of this Agteement or
as other'*'ise provided fot under State and/or Federal 1arv.
No reprisals r:f any kind u'ill be made by agents r:f the City against the grievant(s) or the Association's
Reptesentarir.es bv reason of such participation in the processing of their grievance. Similarh., the Association,
its olficers or agents, shall not impede, malign, or delay the Ciqv or Llanagement's representadve in their
duties during the investigadon or processing of said gievance.
The parties agee that the ggievance/arbiuation process set lorth in this Ageement shall be the sole and exclusive
method of resohing all g;rievances b,v bargaining unit emplo,vees. Employ'ees coveted by this Agreement shall no
bnger be able to tile an appeal or gde.l'ance via the Cigrs Personnel Board prrxedure for anv issue/matter, and the
parties agree that the Personnel Board shall not have any jurisdiction to hear anv grievance or appeal 6led by the
bargainiog uoit or ani' bargaining unit emplovee regarding discipline or anv othet issue or mattet.
It during the term of this Agreemenq *re Gty creates an altemative dispute resolution process, then the parties
as'ree to meet ancl discuss rvhether that alternative dispute resolution process mav be used by the bagaining agent
and/or b*rgaining unit emplo;res via a bindirg Election of Remedies in lieu of the contractual grievance ptocess.
Section 6.2. Definitions.
a) Grie'r.ance - a grievance is a dispute involving the interpretation or application of the
exPress
tetms of any provision of this Agreement, excluding matters not covered by this Agteement or
rvhere Personnel Board rules and regulations are invohed. Discipiinaq' acrions, including
discharges, mav be grier-ed undet this,trticle, as provided herein. Grievances regarding cerain
non-disciplinary matters, such as disagteements as to the meaning ot application of or changes
to Petsonnel Rules or other work rules or policies, mav be filed by the bargaining agcnt lia the
contractual grieri-ance process, ptovicled hou.ever, that such grievances shall be eligible for
GSAF.13
Page 590 of 81 3
Processing only to SteP Ill ofthis grievance process, and t}rat the City X{anageds (>r designee's)
decision at Step III shall be 6nal and binding and shall not be subiec to arbittation or anv orher
further appeal. Grierances regatding guestions of other non-disciplinaqy'condact interpretation
maters shall be sublect to the requirements of rlis grievance and arbitrator procedure.
Aggrieved Emplol'ee6) - the emplol'ee(s) filing the gtievance or causing the gtier.ance to be filed.
lmmediate Supenisor - the individual having immediate supenisory authoriw over the
aggdeved employ.ee(s).
Division Head - the head of the c{ivision in which the agryieved employee(s) rvorks.
Department Head - the head of the deparment in v'hich the aggdeved emplovee(s) w-orks.
Days - days as referred to as time limits herein shail mean v'orking dals (i.e., Monday
thtough l'riday., exclusive of scheduled holida,vs).
Section 6.3. Soecial Provisions.
a) T'he time limits set forth hetein may only be extended and/or modified bv ,uritten
agreement. The Cit,v Nlanager or designee mxv rgree to a vritten extension of the grievance
time limits, on behalf of the Cit1., at anv step in the grievance process.
b)If the emplover violates any time limits, the bargaining agent may advance to the next step
rvithout *.aiting for the emplor.et's response. If the Association or the gtievant(s) tail to
initiate or move the grievance through the grievance procedure, in accordance with the time
limits set forth herein, it shall be deemed untimel,s and considered s.ithdravn.
The pardes acknowledge that, as a principle of interpretation, emp1o1'ees are obligated to work
as directed while grievances ate pending; except *-here the safety of a rvorking condition or
health of the emplo_vee(s) is the basis of the grievance.
The aggrieved emplo1'ee shall be alloved ro be present at the various formal steps of the
;yier.znce ptocedure, including arbitration. To the extent said employee is on his/her regular
rv-ork schedule, he/she may attend without loss of pa,v for those actual hours during theit
regular rvorli schedule.
The Association shall designate in w'riting to the Citl the name of one indir-idual rv-ho shall
be GSAF - 14
c)
d)
Page 591 of813
designated as the Chief Stovard, u,hose function shail be to assist the bargaining unit members in
the prcxessing of complaints and grievances under this prmedute. In otder to investigate, discuss
and ptocess gtievances, the Chief Srcu'ard must request and receive wrimen petmission twenql
four (24) hours in advance but it ma,v be less than twenry-four (24) hours in emergenoes.
Punsuant to Section 5.1 (1) hereir\ the Chief Grievance Representative is required to rerum to
work and nodft th& supenisor immediatelv following or as soon as practicable after any such
meeting being attended Fot grievance matters.
An emplope mav request Association representarion in accordance with the provisions of rhis
Agteement at each and evert step of the grievance procedure set forth in this Agreement.
The batgaining agenq in accordance u,ith its own lavd:l internal nrles, shall have the sole and
exclusive tQht to determine whether anv grier.ance \r.arrants processing tlrough this arbitration
procedrre. In the event the bargaining agent determines at anv step of the gdevance procedure
that a ggiel'ance does not waftant processing, a \w.itten notification of that determination shall be
sent to the Gq'N{anager's designee for Labor Relations, u.ith a copy to the employee(s) invoh,ed
rvho shall then be &ee to process it themselves or through legal counsel up through Step III onl.v
(except in cases of cenain discipLinary actions as noted herein).
Ifthe bargaining agent has declined to pr(xess or further process anv grievance presented to it,
and if an,v emplovee, or group of emplol.ees, desires to process it or furdrer process their o*'n
giel.ance through this procedute (subject to the limitatioos set 6ofth herein), the bargaining
ag;ent shall be sent copies of all u,ritten commuoicati<>ns senr b,v the empk>1.er or the
emplol'ee(s) involved. F'urther, nothing hetein contained sha1l be cr>nstrued tr,l prer.ent any
public employees ftom representing, at anv dme, their orvn grievance in person or b,\, lggdl
counsel to the emplover, and having such grievance(s) adjusted without the inten'ention of the
bargaining agent, pro'"'ided horvever, that the adjustment is not inconsistent with the terms of
the collective bargaining agreement then ilr eFfect; and provided further that the bargairing
agent has been given nodce and a teasonable oppoftunit).- to be presant at an,'- meeting called for
the resolution of such grievances.
The bargaining agent shall not be responsible for any costs (including arbitration costs)
attendxnt to the resolution of any gdevance(s) it has not processed.
The parties acknorvletlge that multiple grievances mav be combined at anv stage of the grier.-ance
procedure rvhere the class of aggrieved emplolees is clearl.',' defined and the subject matter of the
lyievances is the same or simihr.
h)
GSI\F - 15
Page 592 of 81 3
At Step I, all Formal gdevances shall be presented on the Grievance Form prorided by the
Cit,v. The grievance shall inciude the date of the alleged violadon, the specific article and
section gtieved; a briefdescription ofthe grievance, aad the remedy requested. The Election
ofRemedy Form shali be attached to the Step I grievance.
Verbal warnings ma,v be gdeved onlv through Step I of this procedure. Written wamings
may only be gtieved through Step II of this procedure.
Section 5.4. Election of Remedies. It is agreed b,v the Association that employees covered by this Agreement
shall make an exclus.ir-e election of remedy prior to filing a Step I grievance ot initiating action for redress in any
o*rer forum (to the extent that zny othet such process is available). Such choice of temedy will be made in v:riting
on rhe Election of Remed)'Form to be supplied by the City.'Ihe Election of Remedv Form witl indicate whether
the aggrieved parn' ot parties u'ish to utilize the griel'ance procedure contained in the Agreement or.inidate acdon
for re&ess bef<rre a governmental board, agenc.v, or court proceeding (to the extent that such other process is
available). Selection of redress other than rhrough the grierznce procedure contained herein shall preclude the
aggyio'ed Part], or parties ftom utilizing said grievance ptocedure for adjustrnent of said gdevance. If applicable,
the Election ofRemedy Form shall be attached to rhe Step I grievance.
GRIEYANCE STEPSI
STEP I
a) The grievance shall be filed rvithin fifteen (15) days ofthe alleged violadon, misinterpretation or
misapplication of the terms and conditions olemployment set forth in this Agreement.
'Ihe grievance shall be filed with the division head in rvriting, on the Grievance Form as
pro'r,-ided by the Cigv, and as agreed herein, and shall state the specific arricle, section and
language alleged to have been violated. If applicable, the Election of Remedy Form shall be
attached to ttre grievance.
The division head ot his/her designee shall note the date ofreceipt ofthe grievance on the
Grievance F'orm, and shall schedule a meeting rvith the aggrieved emplovee to take place
rvith-in ten (10) da,vs of receipt of the gdevance.
Within ten (10) days of the meeting, the division head shall render a decision and shall
immediately communicare riat decisk>n in rvriting to rhe ?ggrieved empkryee, the bargaining
agent, the department head and the Ciry Xfanaget's designee for Labor Relations.
c)
d)
GSAF. 16
Page 593 of 81 3
e)The aggrieved employee(s) and/or the bargaining agenr mav appeal the decision of the
division head rvithin ten (10) days of receipt of the decision.
The appeal shdl be submitted in w"riting on the Grievance F'orm to the department head. F'ailure
to appeal the decision of the diviskn head v,ithin ten (10) days shall constitute acceptance by the
agyiei'ed emplo-vee(s) and the bargaining agent of the decision as being a final resolution of the
issues raised.
If the a8€irieved empkrvee(s) appeals the decision, the department head shall schedule a
meeting to take place not more than ten (lQ davs after receipt of the appeal. The bargeining
agent shall be advised in v'riting as to the date of the proposed meeting and shall have the
right to send one (1) obsener to the ptoceedings if the bargaining agent is not invol.l'ed in
the actual representation of the aggrieved employee(s).
Vithin ten (10) davs of the meeting, the department Lead shall render a decision and shall
immediatelv communicate that decision in *:riting on the Grievance Form ro the aggrieved
emplol.ee(s), and to the bargaining agenr and the Citl'N{anager's designee for Labor Relations.
The ag;rieved emploi'ee(s) may appeal the decision of the departrnent head u'ithin ten (10) da,vs
of teceipt of the decision. The appeal shall be communicated in s.'riting to the City Manager ot
his/her designee for Labor Relations on the Gtier-ance Form and shall include copies of all
pertinent documentation. I;ailure to appeal the decision of the deparmrent head within ten (10)
dals shall constirute acceptance by the aggrieved empbl'ee(s) and the bargaining agent of the
decision as being a final resolurion of the issues raised.
Ifthe aggrieved employee andf<sr e Representative ofthe bargaining unit appeals the decision,
the Ciqv N{anager, or his/her designee fot L.abor Relations, shall schedule a meering.*,ith the
aggrieved employee to take place \r,ithin fifteen (1 5) days after receipt oi the appeal.
\Vithin fifteen (15) da,vs of the meeting, the Cigv ll{anager <>r his/her designee fot Labor
Relations shall render a decision and shall immediately communicate that decision in rrriting
to the aggrieved empk:yee and the bargaining agent.
Failure to appeal the decision rendered in Step III within fifteen (15) davs (for matrets that are
subject to the arbitration procedure) bv notice of intent to submit to arbiuation shal.l deem the
STEP II
a)
STEP III
a)
GS:\F - 17
Page 594 of 813
decision at Step III to be fina1 and no further appeal rvill be pursued.
Section 6.5. Arbitation. If the employrr and the aggrieved employeeQ and/or the bargaining agent fail to
resolve the gtievance, the grievaoce mav be submitted to final and binding arbitration b,v an impanial oeuual
mutually selected by the parties, provided that the grievance involves a mafter that is subject to the arbitation
process. Hov'ever, the panies agree that the bargaining agent maintains the exclusive dght to determine v'hether
any grievance conceming a nondisciplinarv mattet (that is outside the scope of Section 6.2 (a)) should be taken to
arbitration under this procedure. In cases invoh'ing the issuance of certain disciplinaa. actions (i.e., only
suspension rvithout pav, disciplinary demotioq or termination), the panies agree that an individual emplo.,'ee who
is not represented b,v the balgaining agent may elect to proceed to arbitration under this procedure, provided that
the employee shall be responsible for ali costs and fees related to presenting his/her case.
Notice of intent to submit the grielznce to arbitration shall be communicated b,v the office of
the Assrrciation President in writing to the office of the Ciqv lv{anager's designee for Labr:r
Reiations u.ithin fifteen (15) dals of the receipt of the decision at Step lll. Anv request to go ro
arbitration on behalf of the employ-er is to go to the Association President.
\Yrithin fourteen (14) dap aftet written notice of submission to arbiration, the parties u,iil agree
upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to seft€.
If the parties are unable to agree upcrn ar1 arbirator or to obtain such a commitrnent wi*rin the
specified dme, a request fr:r a Iist of fir'e (5) arbitraton shall be submitted to the Federal
r\{ediation and Conciliation Senice. Both *re Cigv and the Association shall have dte right to
strike names from the panel. 'Ihe striking of names ftom the List of proposed arbitratots shall
be accomplished b,v having the parties altemately cross out nalnes on the list.
The arbitratc,r shal1 be notified of his/her selection rv-ithin five (5) &;s by a ioint lettet &om the
Citv and the Association requesting that he/she set a time and place for a meeting, subject to the
arailabiliq.'of the Ciqv and the Association.
The arbitratr:r shall have no tight to amend modi(', Qnore, add to, or subtract ftom the
provisions of this Agreement. He,/She shall consider and decide only the specilc issue submitted
to him/her in vriting by the City and the Association, and shall have no authoritv to make a
decision on any other issue not submited to him,/her. The arbitrator shall submit in u'ridng
his/her decision uithin thiro, (30) dap following close of the hearing ot *re submission of briefs
bv the parties, u'hichever is later, pnxided that the parties ma,v mutuall_y €ree in rwiting to extend
said limiration. The decision shall be based solely upon his/her interpretation of the
b)
GSi\F - 18
Page 595 of 813
meaning or aPPlication of the exPress tetms oi this Agreement to the iacts of the grier,,ance
presented. Consistent u.ith this Section, the decision of the arbitrator shall be final and binding.
All arbitration costs, including the cost of stenographic repr:rting of the arbitration hearing,
if agreed to by the parties, shall be divided equallv bem,een the empk;1,er and the bargaining
agent (or the employee in cases rvhere the bagaining agent is not representing the
emplol'ee). Each partv 'nvill pav the cost of presenting its orvn case, including the cost of
attorney fees and u'itnesses.
Section 6.6. Differences Concerning Personnel Rules. A difference of opinion r,"ith respect to the meaning or
application of the Personnel Rules rvhich directlv afrects u,ages, hours, or v'orking conditions may be submired
through Step III of the grier,-ance process as set forth in Section 6.2 (a). The Personnel Rules are incorporated
herein, unless othenvise specificallv pn>vided for in this agreement.
GSAF. 19
Page 596 of 813
ARTICI.E 7
HOURS OF WORK AND OVERTIME
Sectioa 7.1. Notmal Workda],, The notmal v'orkday shall consist of eight (B), ten (1tl) or tv"elre (1 2) hours of
v'ork, exclusive ofthe lunch period, in a tu,enty-four (24) hour period, unless some other v'orkdal's are speciEcally
authorized bv the Gti l\{anager.Employees shall he as _ - @
sitrrrtirxrs ent,l,/or spccial er-ents. as dsclrcd b}, drc Ciq' }[anastr or ]ris/hcr Jcsi$rcc.
Section 7.2. Normal Wotkweek. The normal u,orkveek shall consist of forry (40) hours per week, and
such additional time as may, from time to time, be required in the judgment of rhe Ciq,'to sen-e the citizens
of the Citv. The rvorkrveek shall begin rvith the employee's first regulat shift each week.
No schedule changes invoh'ing shifts or dar.s off shal.l be made rvithout at least ten (10) vorkdavs' norice ro
the emplol'ees invoh'ed, ptovided that in an emergency, or other such reason justif ing a temporary schedule
change only, such nt>tice as is practicable shall be given. The implementatioo of this prr:r,ision shall not be
arbitraty and capricious.
Section 73. Rest Periods. Emplol'ees may take a rest pedod of fifteen (15) mioutes for each halfday of tvrirk.
Daily rest periods shall be scheduled by the supen'isors. \\rtrenever practicable, the rest pedod will be scheduled
approximately mid-pxrint in the first one-half of rhe emplol'ee's regular rvork shift and in the second half oi the
emplo,vee's regular rvork shift. Empkx'ees rx-ho extend their rest period are subiect to disciplinary acrion. Howevet,
ug)n the request of an emplol'ee and u'ith the appror.'al of the empk>y,ee's supervisot, the nvo (2) fitteen (15)
minute test pedods, may be combined rvith the employee's thirq.' (30) minute meal breal, providirg for a sirq' (60)
minute meal break. Should such occur, no addidonal rest periods s,ill be ptovided to the emplovee during their
regularl;- scheduled shiir
Por each addidonal four (4) hours worked beyond the regular shift, an additional fifreen (15) minute rest
period shall be provided.
Emphyees in PSCU shall eniov a fifty (50) minute meal break and a ten (10) minute rest petiod s.hich, upon
tequest of an empkrl,ee and with tlre approv-al of the supen'isor, *,iII be combined into a slrrv (60) minute
meal break. The combined sixq (60) minute meal break is provided in lieu o( not in addition to, the nvo (2)
fifteen (15) minute rest periods.
Section 7.4. RePoning Pay. A full-time emplol'ee rvho repofts to \!'ork as scheduled u'iil be guaranteed eight (8),
ten (10) or tu.ch,e (12) hours ofv,ork or eQhr (8). terr (10) or m,elvc (12) hours ofpav; provided, hou,ever, tlat
Formatted: Une sDacino: 1.5 lines
GS;\F - 20
Page 597 of 81 3
superv'isors may assigri empk:,vees to perform anv reasonable u.ork.
Section 7.5. Ovenime. It is understood that the Ciq.' may require necessary and reasonable overtime for
unit members. \X'trere empkrvees are eligible for overtime pav under the Fair Labor Standards Act (F'IS,\),
for all hours rvorked in excess of fortv hours during an emplovee's u,orkweek, the Ciqv will pay the emplo\.'ee
one and one-half (1-1/2) times the employee's sttaight time houdv rate of pa-v.
Annual lear.,e, Holida,v leave, and other paid leave shall be considered as time rt-orked for the purpose of
cr.rmputing overtime; but sick leave shall not.
Effective October 1 , 2013, onlv acn:al hours s,orked shall be considered for the purposes of computing overtime.
Paid leave, inclucling but not limited to annu.rl, holidar', sick, farnily and medical (FIIL{), birthdal', floater,
bereavemenl c()mDen\lt()r1 and adminisraove leave shall not be considered as time vorked for the pumose t>f
computing ol,ertime. This provision shall take effect provided the same terns are accepted b1. or imposed upon
the Ametican F'ederatir:n of State, Couno and l\Iunicipal Emplovees (AFSO\'IE) Local No. 1554 collecrive
bargaining unit in its 2013-20L6 collective batgatning agreemeut. IltTccd\ e up,)rr rrdfication of this A$'reoment.
holida] leave shrll ct,lrrnt as rinre rrorkcd frx ths purpose oicornptrting orerrime.
Fr.x all hours u'orked on an ernpkrl'ee's sevenih consecutive s'orkdav s,ithin his/her workweek, the City shall pay
t*'o (2) times the empkrl,ee's straight time hourly rate of Pa)', proyided the emplol'ee has v'orkeci his/her fuI1 shift
on each of the six ((>) preceding u'orkdays; provided that paid leave will not be considered as time u'orked for the
pufpose of this Section, vith the exception of the Public Safety Communication Unit GISCU).
This provision shall not be applicable if a substantial number of emplovees are scheduled to r',-otk seven (7)
c<.rnsecutive u,orkdavs because of an emergency such as a htrrricane.
Lff(crivc up(,n rlrrific:rtion ot this ,krccmqnt b) the pxrries. clnpl.rlees shill n,) l('nl,rcr canr c(,mFcnsrrtr)n lcf,\'c
irr licu of rhc p:r,r mEnr of , rvcnimr. 'l his prrrr ision strell t'rke eftcct proticlccl the s,r mc tcrms aru lcccptcd t ) , rr
imposetl upc,n thc (.ornnrunic,rtion. \\'r,rkers ,rf . \mericr {(.\\'. \ ) [.r 'ce] N, ,. .i I 78 c, rltecrj rc blrglining unit in its
'l{) l 5-l{) l ll c,lllcctive bn rga ru ng alf eemerr r.
Section 7.6. Distribution of Overtime Opportunity. Oppomrniq' t() work overtime shall be distributed as
equall-y as practicable among empl<xees in the same jr:b classification in the same v-ork section and area starting
s,ith the most senior empk:1'ee, prorided the emplol'ees are qualified to perform the specific overtime rvork
GSr\F - 21
Page 598 of 81 3
required.
Senioritv for the purpose of this subsection shall mean length of continur>us service rvith the Cigv.
Overtime oppt>rtunides shall be accumulated on adequate records (which shall be available to the empby-ees)
and ofleted overtime not'w'orked shall be considered as worked in maintaining these records.
lf any qualified emplovee establishes that he/she has not received his/her fair shate of overtime oppom:nities,
such emplovee shall have first preference to ilture rveekly overtime vzork until reasonable balance is recreated.
Emplovees u'ho have been crec{ited for ovettime houts not u.orked shall not be discriminated against v,ith
respect to ft:rure ovenime oppofiunities.
Section 7.7. Call Back Pay. An emplol'ee rrho is scheduled or called in to rvotk outside of his/her normal
hours <>fu'ork rvill be guaranteed four (4) hours ofwork ot (4) four hours ofpa!'. It is understood that call-in
pa-v shall not overlap u'ith an employee's regularly scheduled shift.
Section 7.8. (a). Stand By Pa),. Emplovees expresslv assigned to standbl. starus shall receive tu'o (2) hours of
straight time as a Standbv bonus f<>r each day of tl-rat assignment. Emplot'ees rvill not be paid both the Standby
bonus and Call Back pav Fot the same day (i.e., il called in rvhile on Standby status the emplovee u,ill be paid
only the Call Back paj. The Standb.v bonus is not considered hours rvorked for detemrining overtime.
Standbv shall be assigned in the Ciq,-'s sole discretion. Emplol'ees assigned to standbv must respond to any call
within ten (10) minutes and must be al-ailable to report to the work-site within thirty (30) minutes (or some
other teasonable period of time as determined based upon the circumstances). Failure to meet these
requirements (as ma,v be modified in the Ciq.''s sole discretion), or other requirements telated to standby'
assignments that may be determined necessary b,v the Cirr, shall result in forfeirure of the Standby bonus, and
possible clisciplinan, action, based on the circumstances of each case.
Section 7.8. (b). Stand By Pay. Emplorees h Public \\brks - Operations, the Propetw Management Division
and the Fleet Management Division not expressly assigred to standby status *'ho are contacted via telephone
outside of their normal hours of v'ork will receive tu'o (2) hours of straight dme as a Standby- bonus; provided,
howevet, the emplovee rvill not be paid both Standbv bonus and Call Back pay for the same dai, (i.e., if called in as
a result oF a telephone conversation, the emplol'ee v.ill be paid only the Call BacL pa1). Any such telephone
convetsation must be initiated only by the Public \Vorks Diector, Ptoperty &{arugement Director or the Fleet
N{anagement Director or thet designee.
Section 7.9 No Pvramidine, Prernium oav and overtime sha.ll not be oai.{ tbr the same hous. The emolovee
GSI\F - 22
Page 599 of 81 3
shall receive the greater of the two altemative premiums.
GSAF.23
Page 600 of 813
AKIICLEJ
WAGF,S & FRINGF" RENF'FITS
Section 8.1. Wages-
The Ciry of Miami Beach classification and pa\r system will be urili"ed under this contracl This includes
sal'nr,'range changes, job audits, and market classification studies. This does not include cost-of-living
increases. No change shall take place until the Union President ot his/her designee concurs.
No bargaining unit member u'ho left the City's empkry priot to the date of ratification of this Agreement by
both parties vill be eligible for any v'ages or benefits under this Agreement.
No decision made v'id-rin the context of this prorision shall tesult in a lorver grade, the removal r:f a inb
classification from the bargaining uniq nr>t shali said decisir>n resuk in an exemptir:n from F-[SA overtime
requirements.
Effective the first (1.) pay period ending in @#:d*"ff2944-thete shall be rrr4g-across-the-
boatd rvage increase of-r:ar.+erccnt49rUor rrr-4ll:GS:lE-bargaining unit positions. -l:r-:u,ldirioa-rhe
accordinril),.
$
-Effective
the first (1") fiil pay period ending in OamterJaF:tif:120lt" there shall be rro4g.across-the
board wage increase-giibg=l*getggS%)- forznryalJiSAl batgaining unit positions.ln-addjrios-ire
rninimums rn<l mrvimums of erch jjrh classilicrtinn ran,l;e u'ill he increrse<i hy three perccnt 13'),'r,,)
accr.rrdingl!'.
*.x)--,-,Eflective the first (1st) fdl pav period ending in {1@ul#€4420-L& there shall be an across-rhe-
board rvage increase of three percent (370) for all GSAI- bargaining unit positir:ns. In addition, the
minimums and maximums of each job classification range s,'ill be incteased hy three percent (3Yo),
accordingly.
f:,.<'-"
Alnerie*. t
he applied to GSAF baqg.,aining unit posirions.
Vithin sixtv (60) days of an employee's medt rer.'ierv date, the empkxre's Departrnent shaLl cr.rmplete a
Performance El'aluation and forward it to Human Resoutces. The Evaluation shall be con-rpleted in accordance
Formatted: Outine numbered + Level: 1 +
Numbering Style: a, b, c, ... + Start at: 1 +
Alignment: Left + Aligned at: 0" + Tab after:
0.5" + Indent at: 0.5"
Fonndted: l.Iot
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GSAF.24
Page 601 of813
with the policy established bv Human Resources. Failwe t<> complete a Performance E:aluatiog*jat
emplo,vees rvho are not at the maximum of the range, u.ithin sixty (60) daYs rvill result in an autoflatic two
percent ( n two percent (270).
;r*efit
above on their annual evaluation. shall be eligible fot a medt increase on their arniversar,v date. provided that
the employee's salarl'shall not exceed the ma-imum of the salarl'mqge for his/het position. Fot F\'2015/1(r-
FY 201(r/17*and FY 2017/18. any emploi.ee u'hose salary exceeds the ma-rimum of the salaq. range for his
/her position shall be eliJ:ible to receive a one-time. non-pensionab.le pa)menr. up to 39'o. Radngs shall be 1
tlrrough 5 as folows: 1 equals unsatislacton.2 equals needs imnrovement.3 equal meets exoecrations- 4 eouals
exceeds er?ectations and 5 equals significantl) exceeds,expectations. An emoloyee rvho receives.a score
benveen 2.5 znd 3.49 sha.ll be elisible For a one oercenr (1ol,) mej'it increase. an emplovee who receive; a score
berween 3.5 and 4.49 shall be eLigible f<.rr a nvo percent (29lo) merit increase. and an emplovee who re,ceives a
score benveen 4.5 and 5 shal] be eligible fol a tlree percent (3yo) merir increase. Performance Evaluadon
increases mav total no more thafl three percefi Qn,
If an emplovee's merit tating score does not quali!. him/her fr>r a merit increase, the emplovee shall not
teceive any medt salary inctease; horvever, said employ'ee mav grieve the evaluadon up to Step III under the
pror.isions of this Agreement.
Section 8.2. Holidays. The tbllowing fourteen (14) da1's shall be considcred holider,s: New Year's Dav,
President's Day, Memorial Day, Independence f)a1.-, Labor Day', Vererans Day, Thanksgir,-ing Da,v, the dav
follorving Thanksgiving, Chtistmas Dav, Dr. il.Iartin Luther Kings Birthday, three (3) Iloating holidals, and
the Emplovee's Birthday. Emplovees shall become eligible for floatins holidavs and the Birthdal. Holdav
upon completing six (6) months continuous sersice rrith the Cir_v.
Section 8.3. Holiday Pay.
a) \\henever any of the holidavs listed in Section 8.2. HoLidavs, of this Ageement fall on a
Sunday
(or }\Ionday fot empk.rl'ees rv-hose regular dai.' off is X{onda,r), the following u,orkdav shall be
observ'ed as the ofticial holiclal'; .x.henever any of the above listed holidavs occur on a Satutday (or
Friday fot emplo,vees s.hose regular dav off is Fridal), the precedingv'orkday shall be obsened as
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Not Strikethrouoh
GSAF-25
Page 602 of 81 3
considered to be the paid holiday and nrit the regular dav.
Ciw celebrated holidays that faii on Tuesday, \!'ednesday, ot Thursclar,, and said holidav is
on the employee's regular day off, then the employee shall receive a dafs pay for said
holiday, if they meet all of the qualifications contained herein.
To be eligible for a paid holiday,, an emplol,ee musr repoft for scheduled u'ork on the holiday.if
applicable, on the last scheduled da5,'preceding the holiday and the fust scheduled day Following
the hriliday unless such absences ate excused. To quali$ for Holida,r Pa1.-, excused absenceslft4
the pur?ose of this secrir:n are defined as:
2)
3)
4)
5)
an emplovee calls in sick and is eligible to recei!rc paid sick leave,
and $/ho is gtanted sick leal'e usage;
apptoved annual leave;
floating holiday;
birhday;
bereavement.
\\trenevet an obsen'ed holiday occurs on an emplovee's scheduled dav off and the emplovee
does not *'ork theteon, the employ'ee shall receir.e for his,/her normal rrorkcla.y a sffaighr
time hourly rate of pav for the holiday.
Fot rvork on a holiday falling on a non-job basis employee's regularlv scheduled u,ork day,
he/she shall receive holida,v pay for the holiday and time and one half ibr the hours rvorked.
Should a non-job basis emplo,vee be required to v'ork on a holiday faliing oo his/her day off,
he/she shall teceive holiday pa.v For the holiday and shall teceive pay ar double time and one
half rate tbt the hours rvorked.
I;ailure to report for rvork on, before, afier, or during the holidav after har,-ing been
scheduled to $,'ork on such holidav shall be just cause for denial of holidav pa.v.
A holida,v u,hich is obsen-ed during an emplo1'ee's rcgulatlv scheduled rvorkr-eek shatl be
considered as time '*,orked for the purpose of computing or.ertime for non-job basis empkrr.ees.
Effective October-!-{l[f oOnlv actual hours wotked shall be considered for the purposes of computing
overtime. Paid leave, including but not limited to annual, holidav, sick, familv and medical (FI\fIA), binhda1.,
b)
d)
d
GSAF.26
Page 603 of 81 3
floater, berear-ement and administrative leave shall not be considered as time *'orked for the purpose of
computing overtime. 'I'his provision shall take effect prcxided the sirnie terfirs arc accepted b), or imposed
upon thc American Federatit>n of Stare, Corrntv and_IIu_qrsf!_rl_Empkrvrcs (AFSCIIE) Local No. 1554
cirllectir e l>arsxininu unit in its 2013 2(]1.6 collectivc barraining x!'reenlenr-
Section 8.4. Meal Allowance. An emphyee ra'ho u'orks three (3) or more hours of overtime that is
contiguous x.ith his/her shift shall be paid a seven dollars ($7.00) meal allorvance.
In the event of emergency conditions or if empk>yees are supplied *,ith a med while *.orking the r:r.enime
hours, the meal allorvance, as provided under this Section, shall cease.
Section 8.5. Bereavement Leave. In case o[ death in the immediate family of an employee, time off u'ith
straighctime pav
"r.,ill
be allou'ed for up to tu'o (2) scheduled rx'orkdal's per death or firur (4) scheduled u,orkdrys
per tleatfr i[ ftinera] i-t held outside dre State <;t lr;krrida. An additional three (3) dals may be granted, for a
ma:iimum oi fir'e (5) or seven e da.vs clft if apprr:r'ed bv the Departrnent Head. The *ree (3) additional davs r>ff
may be charged to the emplol'ee's accrued sick ot racation time, and shall not be counted against the empklee
for the puqposes ofperformance evaluations ratings.
The immediate fam.ilv shall be defined as father, mother, husband, rvife, sister, brother, son, daughrcr,
grandchild, gandt'athet, grandmother, mother-in-law, father-inJarv, stepfather, stepmother, srepson or
stepdaughter, or domestic partner (as defined in the f)omestic Patmer I-eave Ordinance).
In the case of a death of a member of the employee's family not herein specified but v'lm lir.ed rrith the
emploi,ee's fam.il,v at the time of his,/het death, consideration rvill be gircn to the emplo,vee's request to use
accrued annual leave or floating holidai;s to attend the funeral,
Upon request, an employee may be required to ptol-ide verification of his/her relationship to the deceased
and ofthe death.
Section 8'6. Unpaid I-eaves. Leave of absence without pa,y ma,v be granted in accordance u,ith rhe City of
I'liami Beach Petsonnel Rules.
Section 8.7. Jury Dutv. The Ciq.' of I\[ianri Beach shal] permir emplovees ejther to keep parments received from
Courts of competent jurisc{iction for being on juq, duty, or in the akemative, their standard tate of pa,v, whichevet is
higher. For each day an ernplovee is called to j"q'drtu, he/she shall be excused ftom v'ork for such time as is
necessan- t<'l complete iurr duW sen'ice. Empk;l'ees are erpected to retum to work upon being released &r>m jury
duqv during the rvork shift. However, if three (3) hours ot less are left in the emploree's *'ork shift at the time that
GSAF.27
Page 604 of 81 3
the emplovee is released ftom |ury dotr., the empby'ee shall immediately contact his/her immediate
supen-isor for instrucrions as to rvhether he/she should rerurn to rvork for the remainder of that shift.
,
Section 8.8. Uniforms. Fror the term of this Agreement, the Cir1,- *ill provide uniforrns [.e., a fi:ll uniforrn set shalf i . '
indudealongorshortsIeer'eshirtantllongorshortpants)tobar.9iningunitemp1o1'eesrx,.hoarerequirecItouear.i..
them. Emplovees vill be issued 5 six (6) sets of new uniforms (.1 6vc []r) sets if the emplovee w'orks a 4 da1, s,ork
week) in April of eech year. Neu' emplovees u'ill be issued five :ix (5(,) sem (or four tive (45J sets depending on the
emplovees schedule) of r:niforrx upon ent{i into the bargaining unit. If an empk;1,ee has been empltryed in the ,,
ba{gaining unit position for six (6) months ot less when aclditional nev. uniforms are issued in Apnj, then the
additional nev unifomrs r.ill not be issued to the emplol.ee at rhat time' but the employ,ee *ili be issued a complete
set of new uniforms in the follorving April. The composition of the uniform shall be i:leterminecl recomrrencler:i bv
thet.:nin,mrc.nrrni lffi
find sele cdon of unifi;mrs will be made bl' the Departrnent Director after consultation with the AssociluonUnifomr ,,, ,
(.i:mmittee. The uniforms issued shall be chosen based on considerations of emplolee salety and comforr, as well as
cost. lssued uniform items (.e., a shirt or pants) .*i[ be replaced on a timely basis by the Depamnent upon the
,
empk>yee's presentation of s.om or damaged unifoml items pror"ided, ho.*'ever, ernpkrlees shall teceive no more
than two (2) addidonal replacement unitbrms iterns (up to 2 shim and/or 2 pants) each vear. Each Department shall
provide necessarl' saferyy'foul v-earher gear, as appropriate.
The Beach Patrol Operations Supervisor shall be provicied rlith one (1) srveat suit per 1'ear.
A11 GSAF Emplorees ..vill receive one (1) uniform jacket cluring vear thtee (3) of the term of this contract.
The r.endots will cleliver the uniforms in the month of April of each l'ear for the term of this .\greement.
Section 8.9. Safety Shoes. Employees in the follos'ing job classilications rvill be required to v/ear sat?q,
shoes duting a1l u'orking hours. A safetv shoe certificate ri,ill be provided to those emplovees in the followins
job classiEcations for the putchase of safetv shoes meeting ANSIZ41 Federal Safet,v Standards.
\\'hen due to extreme rvear and teat or accidental destructioo, a replacement pair of safety shoes is required,
the Ciry r'ill gtaot an additional shoe certificate fot the purchase of a replacement pair of saferv shoes rvhen
the desuoted or irreparable pa.ir of safety shoes is rumed in to the DepartmenL The Department Director,
or his/het desi6yree, shall issue the certificate tbr the replacement pair of safety shoes on the basis of need
and nr:t on an automatic basis. Further the replacemenr ofworn heels and/or soles on the safety shoes shall
be the responsibiiitv of the emplo,vee and not the Ciry.
GSAF - 28
Page 605 of 813
Thclseenrpltr1,eesinthefrrlItrwingclassificationsu.i]lmaliehis/hersafeti.shr,leselecdtrnfrr>maprederermine&-ffi
list of safeq shoes.. thich 'Ihc pre'<{ctcnnincd ljst u'ill be,Jeveloped bv en Assooaurrrf N[,anagcmcntt]rc Sari't]'
Sh.c Comnr.ittee comprised of ts'o (2) Assr>ciudon Q!\f representatives and thrcc $!rL (32; Nlanagement
represenatives.The final selection 'ffi
DcF:rrtmcttr Dircctor. aftcr cr,nsulratir,n u ith the Srfcq shoe Conrnrittcc.
Air Conditioning Supen-isot
City Sun-e1.or
Electrician Supenisor
Electon.ics/InstrLrments Supen'isor
F'leet Operations Supen isot
i\'Iaintenance Supen'isor
Meteted Sen'ice Supervisor
Parking Operatioos Supervisor
Park Operations Supervisor
Paint Supen'isor
Plumbing Supen'isor
Pumping Operations Supen is<>r
Senior Building Inspector
Senior Engineering Inspector
Server Field Operarions Supen'isor
Street Ughting ()perations Supen'i sor
Street Operation Supervisor
W'atehouse Supenisor
Water Field Operedons Supen,isor
Water l\'Ieter Supen isor
It is the Ciw's intent that the safery shoes selected ancl approved by the Safeq,Shoe Committee shall not be
significandy inferior in qualin- tr> the safery shoes currendy' being offered to emplovees. Employees receiving
the safety shoe certificate will be required to purchase and u,eat the safety shoes during all rmrking hours,
altd will be subject to up to the loss of a darv's pay for each day that the emplolre r?orts ro u,ork and fails to
\rrear the required safeq- shoes. Action taken against the emplovee under *ris Section shall not be appealable
to the Petsonnei Boatd or grievable under this Agreement.
Upc,n ratificution of this Agteement. emFlql'ees may receive uniiirrm sh<ies in lieu of srti.q-sh,,r.s. at th!. -@
cliscretion of the depatmreot clirector.
Section 8,10. Shift Diffetential. \\,'here a maiori* of an employee's regularlv assigned shift hours fall
bem'een 3:00 p.m. and 11;00 p.m., the emplol.ee shall receive a shift differential of forr1.'five cents ($.45) pet
hour fot work performed after 3:00 p.m.
\\4rere a majoriq'of an emplovee's regularll, assigned shift hours fall between 11:00 p.m. and 6;30 a.m., the
emplovee shall teceive a shift difierential of fift,- five cents ($.55) per hour for rv'ork performed afrer 1 1:00 p.m.
GSAF - 29
Page 606 of 81 3
Section 8.11. Rate of Pay When Working Out of Classification. An emplovee may be required to temporarily
work out of his/her classification v'hen directed by Management. Temporaril,v is definecl as an employee v'ho is
clearli, and definitely performing the principal duties in a hieher pay classification for more than tq/o (2) hours per
da1', ancl they' shall not exced 580 hours in a 12-month period, and shall be paid as follorvs, except at the sole
discretion of the Human Resources Director, he/she ma,v waive rhe 580 hour cap if in his/her judgmenq it will
best sen'e the needs of the Cq sen ice:
") Ifhe/she is temporarily u'otking in a lorver classification, he/she shall teceive his/her houdy tate in
his/her tegular classification. Employees u'ilI not be assigned to lou,er classification v-ork as
punishment or to demearl the employee.
b) If he/she is temporadly v'orking tbr nvo (2) or more consecutive hours in a higher pafing
classit'icarion, he/she shall be paid an houdy rate ofone dollar ($1.00) per hour to be adcied to the
emplol'ee's straight-time rate of pav.
Employees being trained with on-site supervisorv assistance in a bona-fide training progam for a higher
paling classification will be paid their current rate in theit regular classification dudng such ttaining time.
Section 8.12. Paid Leave.
Fuil-time bargaining unit empbl'ees shall earn and be paid for sick leave and vacation leave in accordance rvith
Ordinance No. 1335 prorided, hower.er that:
A medical certiEcate, signed by a licensed phlsician, shall be requited to subsantiate a request For sick leav-e q..hen:
^) a supen'isor suspects abuse of sick leave because of a developing pattern (e.g., frequent sick
leave usage of less than one shift in a continuing tu'elve (12) month period, emplovee denied
annual leave and subsequently claims illness, etc). The Supenisor shal.l inform the emplovee
that a doctot's excuse will be required in order to "approve" any further use of sick leave.
Such requirement shall be revierved b,v the Human Resources Department ar the encl of six
((r) months ro detetmine ii it is oecessary that it condnue; or
b) the illness occutted while the emplovee 'uvas on vacation lear.-e and a request is made to
credit sick leave instead ofvacati<;n; or
.) an employee has been absent from vv-ork for more than five (5) consecutiverv-orkda1.s
d) the sick leave is during an emergency, such as a
hurricane. GSAF - 30
Page 607 of 813
The grant of emergency leave as providecl for in the Citr.rs \Vork Rules mav be denied, if an employee does
not provide evidence satisfactory to his/her supef isor that the cause of the absence rvas an emergencv.
Section 8.13. Perfect Attendance Bonus. Full-time emplol'ees who perform the full scope of their rqularly
assigned classification for the fi:.ll term of each Fiscal Year cor-ered by this Ageemeot (i.e.,20122t)15i20132016;
20132016i?0142011;2Q142017 i20152018), shall receive a lump sum bonus of tfuee hundred dollars ($300.00),
(non-pensionable eamings) pror.ided that they have not used sick leave or been absent for anv reason that was not
authorized at least Fortl-eight (48) hours in advance. An employ'ee rvill also be allov,ed two (2) incidents of
tardiness and one (1) emergencv vacation. This bonus shall be paid in December of each lear of the contract.
Section 8.14. Part-Time Employees. Notrvithstanding an,v other provision in this Agreement, bargaining
unit empft:vees rvho rvork part-time schedules shall earn fifty percent (5070) of sich and vacarion leave credits
eamed bv full-time emplo1,ees. Pay, f.rt
"O..naas due to illness or vacatioo shall be fot approved hours absent
ftom scheduled as signments.
PayoFfs for sick and vacation balances at separation, berear.ement leave, and holiday pav shall also be
provided at the rate of 6fry percent (5070) of that afforded to firll-time employees.
Section 8.15. Sick and Vacation Leave Accnral and Maximum Payment on Termination. All emplor.ees
covered bv the agreement and hired after Octobet 1,1978 shalt under applicable ordinances, mles and regulations:
be allou'ed to accumulate no mor€ than 500 hours of vacation leave ercept in accordance u'ith provision for
Postpollement ofrzcation leave; be permited to ffansfer sick leal,e in excess of360 hours to vacttioo lear.e at the
rate of tq'o (2) dals of sick leave to one (1) day vacation lear,-e to be used in the pay periocl vear rhen transferred,
be permitted a ma-rimum paFnent time at termination, death, or retirement of 620 hours vacation leave and one-
half of sick leave to a ma\imum of 600 hours.
Section 8.16. Pay for Hazatd Duty. Employees working hazard dutv',vill be paid $1.00 an hour tbr time
actuallv spent in these activities. Hazard duty applies to the follos.ing activities:
Spraling hazardous chemicals (Hazardous materials shall be identified in the Material Safety f)ata
Sheet (N{SDS) andlor Product Safety Data Sheet (PSDS)).
Diving with scuba gear
\\rotking in ffenches fir'e (5) feet in depth or ereatei
W'rxking in raw sewage
Working forq,' (40) feet or higher on aerial lift operations.
A)
B)
c)
D)
E)
GS,{F.31
Page 608 of 81 3
Section 8.17. Essential Personnel (Hurricane Pay). \\ihen the Ciry declares an emergency due to a named
hurricane and other events and non-essential personnei emplo,vees are advised to sta,v home rvith pai, and
essential personnel employees are ordered to work, essential personnei emplovees shall be paid at the rate of
one and one-half of their straight houd,v u,ages tbt a1l hours rvorked For up to three (3) days-
Section 8.18. License(s) Maintenance. Three Q positions in Prcperty Nlanagement (Air Conditioning
Supervisor, Electrician Supen'isor, and Plumbing Superrisor) and one (1) posidon in Publc V"otks (Electric.ian
Supen'isor) rvill teceive a supplement of three hundred dollan ($300) biweeldJ' for using their license as a qualifiet.
The supplement v-ill start,*'hen the emplo1,ee's license is approved by the Licensing Board. The supplement wiil
continue until either part!'requests a change ofstatus to remove the qualifier or ifthe license expires. The Ciqv
u'ill fiIl out the appropriate forms in a timelv fashion and send a cop,v of rhe completed form to GSAI'. As one of
the conditions and responsibilities related to the receipt of this supplement, the emplo).ee must mahe every
reasonable effort to be available for telephone calls v'hile offduty.
The follorving is onlv applicable for the four (4) employ-ees referenced above u'ho use their license as a qualifier:
If the emplovee is contacted via telephone outside of their normal hours of u,ork, they shall receive r:ne (1)
hour olsuaight time pav as a bonus. Any such telephone convetsation must be initiated onl,r. by the Ptopertv
Management Director or their designee. 'Ihose emplol'ees teceiving a birveekl,v supplement tor using their
license as a qualifier shall be exempt from Section 7.6@), Standb.v Pav, of this Agreement.
The Supplement is riot parr of base salary, Therefore, the supplement can go above the maximum of the pay
range. The supplemenr is pensionabie. The supplement u.ill be reviewed on an annual basis to determine if
the supplement should be increased according to market cooditions.
In the event that the Citv determines that any addidr:nal licensee(s) marv be used as a primary qualifier under terms
that ate acceptable to the Gq., and the Cig'decides to use any additional licensee, then the emplo;.es/li6s.t.. *,ill
be paid the qualification pa.,rment under the terms set forth above.
Section 8.19. Tool Reimbusement. The Ciqv will cootinue a'Ioo1 Reimbursemert benefit through which
bargaining unit emplovees in the job classifications of Air Conditioning Supenisor, Electrician Supervisor, and
Plumbing Supewisor may be reimbursed fot an emplovee's tool that is damaged or broken while being used at
wotli, pror"ided ho.l'ever, that the damage must not be the result of the emplol'ee's negLigence. The ma:iimum
amount pa1'able in anv fscal,l-ear ior tool reimbursement per emplovee is $400. To be eligible for reimbursement,
rhe emplo1'ee must provide to the Departrnent or Division Ditector, the broken/damaged tml (u'hich the Ciw may
keep) and a report describing the circumstances rqarding v'here, w-hen and horv tool uzs btoken/damaged, and
the receipt for the replacement tool purchased which must be of like qualigv and value, The tft)l must not be
GSAF - 32
Page 609 of 81 3
otheru,ise repairable or ieplaceable through a manufacturer's rvarrantl'. Denial of a request for
reimbursement is not grievable.
Bargaining unit emplol'ees in rhe above noted positions, who have been paid a Tool A.llorvance benet-it before
October of 1998, *ill remain eiigible for only such Tool Allo'*,ance. Bargaining unit emplovees in the abcx,e
noted positions rvho u,'ere hired aftet October of 1998 and/or who n ere not receiving a Tool Allow-ance *'iil be
eiigible for the Tool Reimbursement However, no employee will be eligible tbr both a Tool Allo,r'ance and Tool
Reimbursement beneEts.
Section 8.20. EMT Certifrcation Pay. Beach Pattol Operations Supewisors rv-ho obtain and maintain the
Emergencr. N{edical Technician (E-N{T) certificate given bv the State of Florida shall receive a five percent
(50./o) pay increase.
Section 8.21. Skill Pay Supplement.
Fleet N{anagement l)epafirnent: Automobile Technicians/Medium/Heav_v Truck Technicians
"3 to 5 Certi{ications
"6toTCertifications
" "Nlaster" Auto Technician
, "Master" Auto Technician rvith EVT
Automotive Parts Specialist (3 of 3 Certifications)
Automotive Sen'ice Consultant
Fire Departrnent
Level 1 Fire/Ambulance
Level2 Fire/Ambulance
EVT N{astet Fire/Ambulance
"
Supplement amounts ale flot cumula.tive
* Can onlv be taken as an addition to "I'Iastel' Auto Technician or "N{aster" .\uto Technician
uith EVT
$50.00/mooth
$90.00,/month
$150.00/month
$200.00,/month
$50.00/month *
$50.00/month *
$50.00/month
$90.00/month
$150.00lmonth
Buildin,: Dcnartrtrenr: Seniur Buil<lin!r Irrsnt'cr,.rr- Scnic,r Lnginccrins lnsoector
., 1 to 2 Licenses,/Certifications S90.0i),/meinth
., .3 or ntorc Licenscs./Ccriificattons S I 50-(l0z'montlr
GSAF. 33
Page 61 0 of 81 3
*Licenses/Certii'icltions must he related to ioh cluties and issueti b;v the Stnte of Fl;rich
llluildinr: I nsnector license- Plans Flxrmrner license. (ieneral ( lontractor license Plumhinr
Iicense. Mechanical license- Blectrical liccnse. Floodphin l{una$cr Iicense. re$istercrl
r\rchitect- and rer"istercd Protessionrl Flnrineer)
Note: The ma-rimum Skill Pa,v Supplement Benefitwould be $300.00/moorh
Note: Other Certifications as appror-ed b,v the Departrnent Head
Skill pay supplement requires emplo1.ee to hold the classification ol kad Mechanic or Fleet Operatioo Supervisor
Emplol.ee cannot receive ski-tl pa,v if not on tegular wotk status (i.e. Canoot receir.e skil1 pay if on a light dutv
assignment)
Emplolres must notiFl, the department staff n'hen he/she does not maintain the reguired certification level. Failure tr>
dt> so mav resuit in discipline, and anlr supplement pay received while not certi{ied shall be refunded to the Cirv.
Section 8.22. Professiorral Licenses and/or Cenification. Et\uirrcl c,,ntinrung ccluceor'nr'cenificrti,rn t,rr
',,cuntrtt n >sitiort) t'fl rn prir ,r rtpnrovrrl front thc DcFartntgtt Dircctor. tnrnln'cs u'ho must mdntdn their liccnscs ,,
t() thc enrDlo\'(cs if thc nrinin,' is nror-idcd br rlre Cin during reou]rr s ork hours. Anl acrual hours soent
attr.nrlirlrl rralniro rrnri,.r this cerfinn <hrll rnrrnt,rc lrnrrtr rr,r'rL,-.i
n^.r".^r f i^."".
"(lhqs 1" 1&/'rt.'r l)i<frihrriipn ql'lrern ()f,\{,rrat.)r J i.ense is\r '.rl h}. ih.f Flnri.l, I.)eFrdrneflf n}' }:,'.\ijr.t,1nrpnf:l
Prorcctirxr shxll rcccive arl Jnnulll supplemcnr {)iSl.{)tlf}- n()n-pensi()ntble.
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Fdm&d:tlonnal
GSAF-34
Page 611 of813
ARTICLE 9
INSURANCE
The Citv shall offer group health care coverage induding medical, dental, and life insurance plans m full-time
bargaining unit employees and their legal dependeots during the term of this Agreement. The City will continue
to pay at least fih,v percent (5070) of the premium cost for eligible emplt>Fees hired before the date o
of *ris Agreenrent. timDkrlccs hirur{ on r:r aftcr the d,ate oi ratificzdon of this Asrccrnent- rvill conrinur to
rcccive a nrcmium subsidv br thc Cin oi at least 50?a, of hcalth insurancc nrcrnium c(rs6 f()r strntlrtl nlans. brrt
u'ill not har-e a minimum rccluitetl Ciq.' subsicly amount ior premium plarrs. The City *ill continue to offer
alternative plans as options for emplol'ees. The City may change insurance cariers and/ot the scope and level of
benefits in anv plan. Jhe Gtv also may change the percentage of premium cost paid by the City from 1.ear to vear
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.
'I'he Ciq,.' agrees th:rt it will not change the level-gl beneiits rluring thc terrn-9;fu[!5-Agreement without first
consulring-fELLtlre (irr:up Insur:ance Board, or a labr:r management advisor! committee created as a
substitr.rte for such lloard. :\ bargainirrg unit emplor.ee rtay sen'e on this Board,/cr>mmittee tilr as hrng as
batgaining unit emplovees patticipate, exclusively, in the CitrJs group health insurance Flan.
,\tter,rn cmtrl,,ree exhrusts [niun .-senice (irnnecteJ {IS(]t llenefits and is rr:c.irinq sr;rkers'comnensrrion checkv
the Ciq- -rhall eccess the enrFlr>)'ee's leave accma]s tr: keep him,rher whr.rle. I)eductions fbr benetlts such as hea.lth
ancl clenLal insLr[ancc ct;r'craqc anci pension contribrrtions s,ill be made From the value of the acca.lecl leavc, C)nce an
clnpltrvec nrns ()ut rrf leare accnrris rnrl is snll unrble tr) rerunr ro surk. the emrrlovec lras an affimxrir,e
respr,nsilrili['ro cont:rct rhe Humrn Resourccs l.)epartnrent. []encfirs l)irisi,rn. nr mrke beneiir pr]nrent
rrrrt\:utncnts. f;.ntplr,!"ces s'ill bc gir cn one mrrnd-r's grxce ftri.f,l lftcr rvtrich co\icrrgc shall bc c:mcellcc{.
Reopenet
The'p4rrirs atree ro reoncn this ,\ureenrent un(1n the (lin"s reouest t() adcires) on!i{,ns r() anrelir:rare thc
imPact of the ptoposed excisc t:rs <'n plirn sp,,nrr'rs of "Caclillac Plans" as clefined in the Patient Protectirxr
and Affrxclablc Crre Act.
r@
GSAF.35
Page 612 of 813
ARTICLE 10
PENSION AND RE,TIREE HEALTH
A) The N{iami Beach Employ'ees' Retitement Plan OTBERE is the pension plan for bargaining unit members,
e\cePt for those emplc4.s65 who previously elected to remah in the ,101-A retirement Program [n Iieu of
participat-ing io the Gqrs pension plan). The current benefits and membet contributions ptovided by the
I\'IBERP shal1 remain in effect fot the term of this Agreemeng except as follows:
EffectiveJuly 18, 2010, for emplol'ees hired prior to August 1, 1993, rvho participatein the L,IBERP,
the emplo.vee pension conffibution shail increase by 296 of eamings, ftom 10% to 1Z7o of eaming's;
Effective July 18, 2010, for employaes hired on ot after August 1, 1993, vho participate in the
IVIBERP, rhe emplol.ee pension contribution shall increase b,v 2'ln of eamings, from B%o to l$/o t>f
eamings. The additional tu'o percent (270) employee pension contributions descdbed herein shall cease
upon such additional pension contributions not being accepted b-v or imposed upon the American
F'ederation oF State, Countv and N{unicipat Emplol,ees (.\FSCI{E) I-rxal No. 1554 collective
bargaining unit in i* 2013-2016 collective bargaining agreement In such an eveng t}te cessation of the
additional pension contributions for emplol.ees cor.ered under the GSAF bargining unit shall take
effect upon ratification of the 2013-2016 collective bargining agreement betw'een the City aod the
American Federation of State, Countv and l\{unicipat Empbyres (A}}CME) lncal No. 1554. There
sludl be no retroactive compensation awarded Fot the pwposes of this section.
1. Firal Average l{ont}rl,v Earnings (F.LME)
Fbt those empkryees r.vho participate in the I{BERP and are at normal retirement age or are
24 months or less from normal retirement age as of Julv 14, 2010, as defined b,v C)rclinance
20063504, as amended, the Final Average Monttrl,v Eamings €Aa\{E) is at one-nvelfth (1/12)
of the average annual eamings of the employee during the two (2) highest paid years of
creditable senice.
For those employees u.ho participate in the }{BERP, and u'ho are between 24 atd 36
months from a normai tetirement age as of July"l4,2010, as defined by Ordinance 2006-
3504, as ameoded, the t*inal Average Mr.rnthl,v Earnings (FANIE) means one-*'elfth (1/ 12)
of the average annual eamings of rhe empk:,vee during the three (3) highest paid 1,ears of
creditable sen-ice.
Fbr those empk>1,ses q/ho participate in the N{BERP, and g,ho ate between 36 and 48 months
from normal retirement age as ofJul,v 14,2010,as defined by Ordinance 2006-3504, as
GSAF - 3(r
c)
Page 613 of 813
amended, the Finel Average Ltonthly Earnings €AME) means one-rwelfth (1/12) of the
average amual earnings of the emplol'ee dudng the four (4) highest paid yeats of creditable
sefl ice.
d) For those emplovees rvho panicipate in the IT.IBERP, and who are more than 48 months trom:
normal retiremenr age as ofJulv 14,2010, as defined b,v Ordinance 2006-35M, as amended, the
Final Ar-erage N'Ionthl1. Eamings 6A1\,IE) means one-nvelfth (1/12) of the avetage annr:"d
eamings of the emplor.ee during the five (5) highest paid vears of creditable sen'ice.
Emplol'ees shall be eligible to eoter the Deferred Retitement Option Plan @ROP) at the normal
tetitement age specified in the peninent pension ordinance, and mav pardcipate in the DROP for
a maximum oF thirry-5i* (36) months for empb,vees hired prior to July 14, 2010, and sixtl (60)
nronths for emplovees hired on or after July 1,4, 2A10. Sublect to achiarid verification thar
extending t}le DROP period for empbl'ees hired prior to July 14, 2010 does not resuh in an
increased cost to the Citt, effective upron ratification of this collective balgaining agreement, aLl
current and ftiture emplol-ees Participating in the DROP shall be entided to participate in the
DROP fot a marimum perio<l not to exceed sirq' (60) months in total. Anv employ,ee rvhcr
prwiouslv executed a fom entitling him or her to enter the DROP for a petiod of less rhan sl\ry
(60) months in totrJ shall be given a one-time irrer.ocable election, u,'ithin thim. (30) calendar days
ftom the effective date of the conformins City ordinance amending the DROP period as set
forth herein, to execute a nerv fotm extending his t>r her DROP period for up to sixq' ((r0)
months in total.
Notwithstanding the fotegoing, nothing herein shall preclude an emplovee w-ho is presendy
participating in the DROP from their continued active empkryrnent and termination of
employrnent in accordance with rheir original DROP separation date.
Effective September 30,2013, the option to purchase up to two (2) 1.ears of prior cteditable
sen'ice shall be eliminated for all empioyees covered by the GSAF bargining unit.
Emnlovees Hired on or after Iulv l4- 2010-
The current benefits and member contributions provided by the N.IBERP shall remain in
effect for employees hired on ot afterJulv 14,20'10, except as follorvs:
1) The normal retirement date is age 55 with at Ieast thifi (30) years of creditable sen'ice,
or age 62 uith at least 6ve (5) vears ofcredirable senice.
GSr\F - 37
Page 614 of 81 3
6)
7)
8)
The earir. retirement date is the date on w'hich the member's age plus vears of creditable
sen'ice equal 75, with a minimum age of 55.
The Final Average Nlon$ly Earnings (FAN{E) shall be an average of the highest five (5)
1'ears of emplo.,ment.
The benefit multiplier shall be trvo and one half percent (2.57") multiplied by the mernber's
years of creditable service, subject to a ma--dmum of 807o of the member's FAME.
Ttre retiree Cost of Living Adiustment (COL{) rvill be one and one half percent (1.570) per
.vear, rvith the 6rst adjustment defened to one (1) 1'ear after the end of the DROP.
The emplo,vee contribudon $'ill be 10% oF salarr..
The standard form of benefit is a lifetime annuit,v.
r\'{embers who separate from Ciry emplolment with five (5) or mote 1.ears of creditable
service but prior to the normal or ear\ retirement date shall be eligible to receive a
normal retirement benefit at age 62.
Effective September 6, 2006, the parties agree that any bargaining unit member who previously
elected or rvho elects to participate in the 401-A retirement program (in lieu of participatingin the
City's pension plan) shall be required to rvork at least ten (10) ,vears before becoming eligible for an,v
retiree health benefits from the Cin'.
An,v bargaining unit member who is eligible for retiree health benefits from the City must make a
one time irrevocable election to cr>ntioue receipt of health benefits via the Cit/s plan at the time that
the emplovee termhetes Cn'emplovment. l-ltTccrire trporr rarificarion. Tthe pardes also agree that if
a member initially elects to continue under Ciqv health insurance, but thereafter discontinues or is
discontinued from such coverage tirt non-pa]-ment of premiLrm. then the tetiree mav not resume
coverage only at theil ou-n expense. u'ithout anl. employer c<;rrtribution rr,'hatsoever.
Employees hired on or aftet September 6, 2006, v'iil be entided to a Ciqv contdbution against the cost of
continued health insurance col'erage in the Ci*rs health insuraoce plan after retitement (;t separation)
fiom Ciq'emploJrneng as set forth in this section- Anv en-rplo)'ee hired on or after September 6, 20C)6,
s;ho then remains emploved until reaching eligibilitv for normal retirement, and rx,ho elects to condnue
insurance coverage under the Cirfs health plan, sha.ll upon receipt of normal retirement benefits also
receive an additional separate supplemental monthly stipend pal,rnent in the initial amount of 910.00 per
year of credited senice, up to a ma:iimum of 9250.00 per month until age 65, and $5.00 per ysal .;
oedited senice up to a maximum of $125.00 per month thereafter. There shall be no other City
contribution tow'ard the cost of continued health insurance coverage for such emplcryees and this benefit
shall be paid onlv during the life ofthe retiree.
2)
3)
4)
5)
B)
c)
D)
GSAF - 38
Page 615 of813
ARTICLE 11
GENERAL PROVISIONS
Secdon 11.1. Discrimination. In accordance with apolicable federal, state and local larv5. thg Cin and rie
Association agree not to discriminate against anv emplolee on the basis of an individual's race, sex, condition
related t<> sex (preg'nanq) color, religion, national origin, age (40 and over), disabilin., marital starus, familial
status, cidzenship, intending citizenship status, sexual orientation, political parry affiliation, and/or
Association membership.
Section 11.2. Meetings Between Parties, At the reasonable request of either parr\', the Associrtion
President, or his/her Representative, and the Cir,'l\lanager or his/her designee for Labor Relarions, shall meet
at least quarterly at a mutuallv agreed time and phce to discuss mattets of concern. \Ihenever time pemrits,
the parn requesting t}e meeting shall submit rvrinen notice of the subjecr mafter to be discussed. Such ncltice
shall be submimed one rveek in advance of the proposed meedng date. S.henever the Association Presideng ot
his/her Representative, makes suggestions ot recommendatir:ns to the Ciw N{anager or his/her designee for
Labor Relations, specificallv concerning productir-it1 of iob saFeq, the Ciq'Llanager or his/her desrgnee for
Labor Relarions, will resp,rnd as appropriate.
Section 11.3. Work Rules and Incorporation of Personrrel Rules. The Cir)'will provide the Associadoe ffi
u'ith a copv of anv written rules that are institutec{ ot modified r,luring the tetm of this Agreement affecting
emplovees in the bargaining unit. In the event the Ciqv desites to alter, amend, or modifr' existing rvritten
u.'ork rules, or promulgate new vritteo u.ork mles, the proposed changes r.r,iIl be submitred for review to a
joint labor/nranagement commimee. The Cin' shall have nvo (2) representadves and the Association shall
have trvo (2) tepresentatives on this committee, s.hich will make recommendations to the Ciw N1anager. The
:
proposed changes shall not become effective until a final decision of the Ciqv r\'Ianager has been rendered
u'hose decision is not grievable. 'I'he Petsonne] Rules are incorpotated hercin. unless ,therrvisu specificlll! -",,..1
@ " ' ,
Section 11.4. Stress Reduction/Police Departrnent's Public Safety Communications Unit. Those emplol.ees
covered bv this Agteement v'ho u'ork in the i\liami Beach Police DepartrnenCs Public Safeqv Communicatir:ns
Unit pSCL), v'ill be given a stress reduction training progiam provided by the Cigv. Such stress training will be a
one{a,v stress seminar as given to sw'om officers. Shoulcl an emp1o1,ee and/or management supenisot believe that
an emPloyee miqht benefit b,v being referred to the Cig,''s Emplo,vee Assistance Ptogram @{P), then the emplol'ee
will be referred cr>nsistent s,ith current policies. If an empk;1'ee needs help be.l'ond that offered by the EAP, then
the EAP may reguire appropriate referrals fr:r outside professional assistance.
GSAF.39
Page 616 of 81 3
Section 11.5. Labor/Management Committee. In order to strengthen the parties' labor/management
relations, the Association agrees to participate with the Ciry in labot-management commiftees to address the
issues in Departments. Such committees mav be tequested by the Associadon or by rhe Cit_l' (*rrough the
Cirr tr{anager, Department Directors, or designees) to meet at mutually accepted times.
Section 11.6. Safety. The Ciw agrees to provide, at flo cost to the employee, any apptoptiate safety
equipment required to be rvorn ot otherwise utilized bv the emplovee. This shall include such items as hard
hats, gloves, etc. Those emplovees issued such equipment u.ill be responsible for such sat'etv equipment, and
any loss or damage due to the neglect of the employee ma,v require the emplovee to pay for the replacement
of said Citv-issued equipment.
a) T1le City agrees ro provide, upon tequest, up-to-date, non-glate screens for computer terminals.
b) The Citt'shall evaluate and provide, upon request, a rvrist tesg rvhich u,ill help alleviate the
stress upon rlle hands and arms of those emplol,ees performing repetitive motion, to all
persons rvho use computers for more than 50% of their wotkday.
.) The City v'ill prol'ide apptopriate self-deFense training to ali Parking Enforcement employees.
d) The Association is encouraged to have its members volunteer to serve on the Departrnent
Safew Committees that are being organized in each City Departmenl The bargaining unir
member serving on the Ciry's Safety Commitees will not suffer any loss of benefits ot
wages fr:r attendance at regularly scheduled meetings during reguiar scheduled v.ork time.
No overtime will be paid for attendance at such meetings.
e) If there is a central, Ciqwide Safetl' Committee, the Association's President, or his/her
designee, may be a member ii he/she so requests.
Section 11.7. Bulletin Boards. The Associatioo may, at its ouun expense, place a bulletin board in each
department, not to exceed approximate\ three feet bv nvo feet (3' x 2) in size. The Bulletin Boards shall be
used for posting the follos,ing notices onlv:
a) Notices of Association N,Ieetings-
b) Notices of Association Elecdons.
c) Reports of Association Comminees.
d) Recreational and Social Affairs of the Association.
GSi\F -.10
Page 61 7 of 81 3
Any material of informational nature related to Government Supewisors Association of
Flodda/OPEIU.
Materials, notices or announcemenls rv'hich contain anvthing political or controa-ersial that m(ht re0efi upon
the Citr,, any of its empbl'ees, or anv other labor otganizations among its emplotees, or any matedals, notices, or
aonouncements which violate any of the prtxisions r:f this Section, shall not be posted.
Any materials that are posted u'hich are not in conformance with this Section ma_v be temoved at the
discretion of the Ciq'.
Section 11.8. Probationary Employees. A probadonan, employee u'ho is dismissed without cause sha.ll have rhe
dght to discuss u'ith the appointing officet the reasons for such dismissal at a mutuallv agreed to time. Follorving
such meeting a probationa4. empioy-ee, if he/she so desires, shall ha'"'e the right to fi.rther reviev'the reasons for
such dismissal w'ith the Ciry }fanager or his/her designated representadr.e at a mutually agreed to time. It is
expressly unde*tood, hou'ever, rhat the appointing officer retains the exclusive discretion w'ith respect to the
retention or dismissal of probationan' emplovees.
Periods r:f absence shall cause the probationary period to be e*ended for an equal amount of time. At the request
of the appointing authoriS', the City Nfanagers designee ior Human Resr:urces ma,r' extend the probationan'
period for up to three (3) additional months pioa'ided tlat the reasons fr>r extension are given to the empbl,ee in
adr.ance of the expiration of the initial probationary period. The Ciq' acknorvledges the importance of giving
timelv performance appraisals and feedback to probationaq, emplovees.
Section 11.9. Notification in the Event of Transfer ot Contracting Out. \{&en the City contemplates entering
into a contract v'ith an outside supplier ot senice agencv to perform services presendv being performed b,v
bargatning unit emplolees and such coflfiact shall resuk in the la1-6ff 6g any' bargaining unit emplol,ee, the Cigv
agees that it will, upon written request, meet and discuss u,ith the Representatives oF the Union the efFect of such
contract upon members of the bargaining unit.
If the Cigv enters into such a contract and, as a result thereof, an emplo1'ee rvill be taid ofl the Citv agrees to
ask the Contractor to prol'ide first considetation tbr such empkryee for any available work.
In the event that the emploi.ee is not emplol.ed by the coniractor, the City will offer such employee another
available job v'ith the Ciq,, if there is a budgeted \'acancy and the emplovee aflected b.v the subconuacting is
qualified to perform. Questions of qualification to perform the iob duties shall be decided in the sole
discretion of the City'N{anager's designee for Human Resources.
GSAF.41
Page 61 8 of 81 3
If there are no jobs available, the rec{uction in force provision contained in the Personnel Rules shali applv,
provided that such laid-off emplovee shall be recalled to rvork before the Citl hires new pennanent emplovees
to perform the r*,ork of the classification held by the employee at the time of the lavoff.
This rccall right shall exist for up to the individual's total senice time v'i& the Citl., but not to eiceed nvo (2) 1,ears
after the date oFthe person's layoffdate, but such recall tight shall cease as oft*'o (2) 1,eats after la1.of( or ilthe
emplovee does not reflrn to s,-ork as scheduled ifhe/she is offered a recall notice prior to the tu,o (2) years.
It shall be the responsibiliw of the laid-off emplovee tr: notifu the Human Resources Department u'hen
technical skiils, training and experience have been enhanced during the lav-offperiod, v.hich ma1'allow- the
indiv'idua.l to appl,r' f<rr another bargaining unit job r.r,id-r the Cigv.
Nothing in this Section will be construed to limit the Association's right to bargain concerning the idendfied
impact or effects of subconracting out or transferring upon Bargaining Unit membets.
Section 11.10. Seniority.
1) \Vhen vacations are scheduled, permanent vacancies or shifts are fiIled, or promotions are made to a
position ,*"ithin the bargaining unit, seniodty shall apply when all other tactors are equal. For these
purposes, seniori* shall be measured by the length of time in the affected classificatir:n of the
Bargainiog Unit except:
r For those membets promoted on the same date, seniority ri,-ill be detetmined b.v date of
emplovment; and
r For those members whose ptomotion date and date of emplovment are the same, senioriw
shall be determhed by the higher score on the eligibility list.
o For those members rv-hose promodon date, date of emplorirnent and eligibiJity list scores are the
same, seniorirv shall be determined by total service/lcrngevity hous to &te with the Citv.
2) Senioriw rvill not apply in an emergency.
Section 1L.11. Reduction in Force. \Vhen there is a reductioo in the bargaining unit u'orkf<rrce, emplol'ees
s'ill be subject to the lay.off procedure set iorth in the Cit/s Petsonnel Rules.
Section 11.12. Military Leave. Federc.l and Srate larv concerninq militrn' leave qovem the Cin.and all emplovees
GSAF - 42
Page 619 of 81 3
tepresented bv this Agteement shall receive the benefits clf such laws.
Section 11.13. Pa], Advances. An employee in this unit may request his/her pay check in advance of anv
scheduled annual lear-e by submitting a wriden request to the Human Resoutces Director at ieast one (1) pav
period prior to leal-ing on annual leave. However, the u'ritten request does nor guarantee that the Citl will be
able to provide the emplovee u,ith a pa-v check in advance of anv scheduled pay. day- Approval for an
advanced pay check v'ill not be uffeasonablr- p-ithheld.
Section 11.14. Mentoring Progtam. Bargaining unit emplol'ees may request to panicipate in the Cit1"s
Ir'lentoring Program, as set forth in the Human Resources' Department policies and procedures, which ma,v
be changed from dme to time or discontinued at the Ciry ilIanager's discretion. Denial or disapproval of a
request lbr participation in this Ptogram shall not be grievable.
Section 11.1.5. Political Activities of Employees. Except as provided by, Federal, State, County lau's and/or
Ciry' of NIiami Beach larvs, ordinances or rules including Petsonnel Rule I(b), the Citv shall not make, adopt or
enforce anv rule, regulation or policy;
a) Fotbidding or preventing employees from engaging or participating in politics ot from becoming
candidates for public oifice; or
b) Controlling, directing or tencling to contol or direct the political activities or affiliations ol employees.
It is understood that no political activities mav be conductec{ by unit members during the employee's
scheduled work day or with Ciw equipment andfor Citv resources.
Section 11,16. Promotions. The term promotion as used io this Agreement means the advancement of an
emplor,ee to a higher pa1,.ing classification. \\henever a bargaining unit job opening occurs in anv existing iob
classification or as a result of the developmeflt or esmblishment of a new classification, a notice shall be
posted for no less than tu'o (2) weeks.
Eligible and qualified employees q.'ho wish to apply for the open bargaining unit position may do so in u.'riting
and submit the applicadon to Human Resources. If there is more than one (1) empl<>-1'ee qualified for
promotir:n to the bargaining unit iob classification that har.'e equa.l ski[ ability and qualifications (factors to be
considered include but are not limited to skill, ability, qualifications, intervierr,' score, disciplinarv history,
attendance history and petformance evaluation scores) then senioritl'with the Cin'shall appl_v. Senioritv for
the purpose of this subsection shall mean length of continuous service u,ith the City.
GSAF.43
Page 620 of 81 3
ARTICLE 12
DRUG AND ALCOHOL TESTING
The Cin' and the Association recognize that emplovee substance and alcohol abuse has an adverse impact on Ci6.
g$'erflment, the image of Ciry* emplol'ees, the general health, welfate, and safety of employees, and the general
public at large. Both random and reasonable suspicion drug and alcohol testing shall be conducted prrsuant to the
I{emoraodum ofllnderstan&g reached benveen the parties and incolporated herein bv reference.
GSAF - 44
Page 621 of 813
ARTICI-E 13
TAKE HOME YEHICLE POLICY
'Ihc Llni,xr a!:rcus that c:rch barcaining rrnit rrnnkrlce s,ho is assirmcd r trlic-ht>mc rchiclc rvill nurchrsc et his ur
her cxnense an extended n,)n-r)\\:ner c()\,crtuIe cndorscment ot nr.)r1-(\\'ner :tlrr() irlslfftnce cr)\'ertuJc in the amrrurt
rrf rt lcrst $1llJ.r)()). tithirr 3(r da:s lf this effcccivc clrrte of this a6ncr:nicnt. ln addiuon. thc crnnlorec musr .-..-..
,r,"tnrrn an .*,"nda,, n,rnrraa-n"O aara,aaa*" "nn,,r*"n,",",,
,r, n,r"r-,raa'naa aa,r,,,n.,,a"rra" a,^]Ilr]rlilIitttt" "
ar leasr Slrttt.{)tt(.). for so krnu f,s hc ()r she is assiunetl n txke-home rehicle. Flmrrlor"ees uho are inidalh.essirmed a .-{-
trke-homr: r,ehicle srhseorrenr to date of rarifierrion of rhiq erreernent shall he reorrire,-l trr ohtein n,rrl rreintein en
Crtcntic.] rlr)n-(,\rner Co\CriQc erttlrrscntcnt ()r ttun-(,uncr atrt<l insrrrancc C(2\'Cr;ruc in thC rrnount of at lclSt
Sllll-l)t)(). nrior rr.r rehicle rssignmcnr. Anr emolorce l-itlrour thc reouirecl insrrrmcc c()r'era('e as stinulated hercin-
ntrl hatc rhe teke-home rehicle pririle.ge rerrrkcd rt rhc (-itr's r'liscred,rn. lt'thc irrsru.urce itrdustrJ no l,rrger
pf( ,\ i(lcs tlt( (xtcil({dd n( ,n-( )\\'rlcr cr }\ ( rr,g( cnd{,rscmcnt ( }r n( )r't { ru'ncr auto insurancc c( rrcra{Jc. thcrc wi[l be 3 rs-
c:Fenrr in order for the Cir).- anrl L'tri,;n to cliscuss thc pt, )\ isi()fls sr;t frxth in this s(tion only.
nse incured b] the (,iry rrs a result of rhe non-officinl use of talie-home vehicles.'I O Oerml tne oDer3l1nlt exDel
cmnl,\'ecs sl:all he aqsesscd r user tcc. The user fee shdl be a r:tte Der nrile mr.rhinlied br the number oinrund nin
miles r: sh,;rrn b)- the r-ehicle's r\\'1.. benvecrr the enrpkll'ee's nrima4' residerrce and the (lir) limirs. Thc mre ner
nrile u'ill bc firureen ncrcent (l-{".1,1 of tlre lntemal Relenrre Senice standod l:usincss mileage rare, a.,. amended -...*-
fr<-rm time to time.
[,mp1o1,ees n]il\, not park their cars in a hrcation so as to circumr.ent reduce the restriction.s r>utlined in this
secti()n milcrrrr( tlctcrtnir,tati,,n outlined in this sectiun.
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GSAF -45
Page 622 of 813
ARTTCT-EI4 _ -ffi
IVTOUs AND SIDE AGREE}IENTS
H,ffectir.e *pon ratification of this ;\green-rent b).-the parties. all prer.krusllr e:isting }lOI js a.d side agreernents are- @
ntrll antl rrricl. exccpt t?rr thrEc :ltt'Jchr.(l herc'to and incL)m(,rated hereil as Appendlr ",{." specific:rllr:
9 \fen:orardunr r.,f Iinderstandinu pror"idin]i fr:r rnrendmenrs to r-rirrus rrater: distrjbution rehted iol:
clescrintions. orovitling ftrr rhe oavntcnr oi rel.rtrtl cnrpl()\cu tr2irilns and ccrdt'icati()lls. an(l ()ther
relatcel nrotisions: execurcJ on \r,rcmber 20. lt)l3.
o Side ,\ureenrent nror-iclins for t,rr,l rctmltlusemenr to I ratl \lechlric 1111 -l'l',, enrcrgencr mec{icxl
,..*.,",l fLr,",) ,uppt"nl.,r,"t p", ,,, g"r.t, O^,r, ap"ro,an. S*.*'..,. .*".'ila ,i -rUr' ,i ,rt;
1 Side Agreernent providins{ the Crirnc Sccnc Supcn is,rr rvith a teke-home vehicle in lieu of standbv
pa]': e:xecuted on October 17. 2003.
GSAF.,6
Page 623 of 813
ARTICI.ET5
TUITIONASSISTANCE
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relite{l trr the rrrork ac\ionlrenl ^f srirl efrihl(\r:ce
iairw+e-*ee1+eible+tr+he++im
sssist"I}ce Pro$.arr sc
folkru.ing leyels of benetit:
S;" Cre4;t no,rs l
be reimhurse'd :s fbllos's:
" RO"l' f,r" ".r,r".
L Approye(l trIra(lu?fr. c.,urses u:ill he reimhursfil is krllo*s: ..-...-. '
" A0t, f.," c-o-u, i-n-- rpl.r a__;
o
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'l'ne Lrett t'f br
shall be less thiur the levels <>ibenefit ident.ified bell,lrv:
.()ne course ner semesterz't.i s
per calendar year s,ill he reimhursed rs tirllows:
he reinrhrrrsed at rn amounr not exceeriinfi S1i8.25
o ,\rrnrr,r_ed rrndergfrdrrate r:nivr'rqirt crrrrrses u_ill lre reirnlrrrrsed rt arr anrrrrnr nrrr eseeedin,:
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GS.{F.4?
Page 624 of 81 3
ARTICLE 1.116
SAVINGS
If anv pror.isions of this Agreement are subsequend.v declared by the proper legislative or ludicial authoriq' to
be unlav;fui or unenforceable, all other provisions of this Agreement shall remain in full force and effect for
the duration of this Ageement. Upon issuance of such a decision or declaration rvhich is not appealed by
either patv, the parties shall, follou'ing a request bJ' either parh', nesotiate in good faith on a substitute article,
section or portion thereof.
GSAF.48
Page 625 of 813
ARTICLE 1417
ENTIREAGREEMENT
'Ile Association acknou'ledges that during negotiadons resulting in rhis Agreement, it had the right and
opportunitv to make demands and proposals w'ith tespect to any and all subjects not temor.ed by larv from the area
of coliective bargaining and that the complete understanding and agreements arrived at bv the parties after exercise
oi that right and oppomrniw are set iorth in this Agreement. Therefote, the Association uzives the righg during
the term of this Agreemeng to barg4in collectivety with respect to any subiect or matter referred to ot coveted in
this Agteement, and it pardculady waives the right to bargain over the Cir/s exercise of any of its N{anagement's
rights set Forth in the Manag;ement Rights Article of this Agreemeng (i.e., changing x-ork hour schedule,
uansferring emplol'ees, laving off employees, etc., excepr as othenvise ptovided herein).
The parties intend that this Aereement shall constitute the sole source of their rights and obligations from and
to each other for its term either by specific provision ot b-v- s.ilence. If the Agxeement does not pre\.-ent it, the
Ciry may take any action (or iail to take any action) it desires and shall have no obligation to bargain with the
Association concerning the taking, or not, of the action; but may take unilateral acdon at the time it desires.
The Association does not rvaive, and shall tetain its righg to bargain with the City ov-er the impact of any
action taken by the Ci* not set fonh in this Agreement, but such impact batgaining shall not serve to dela,v
I{anagement's action until agreemenr r>r impasse is resolved conceming the impact at issue.
This Agreement ma,v be amended b1, muma.l agreement of the pardes but anv amendments must be in rvriting
and signed by dulv authorized Representatives ofthe parties before it u'ill be efFective.
GS\F-49
Page 626 of 81 3
ARTICLE 15 18
TERM OFAGREEMENT & REOPENER
'fhis Agreement shall become effective upon Ciw Commission approval and shall remain in effect until the
30tr. dav of September 20152018. \\,'ritten notification, by eithet parq., shall be required rvithin no less than
one hundted $'enty (120) days prior to the expiration date of this Agreement indicating their desire to
renegotiate the provisions of this Agreement. Negotiations shall begin no later than ninetv (90) days prior to
the expiration of the Agteement.
GS,\F--1)
Page 627 of 813
Executed by the parties hereto on the _ day of
2t)1321116.
GOVERNN{ENTSUPERVISORSASSOCIATION CITYOF'IVIAMIBEACH,I]LORID,A
OF I-LORIDA, OPEIU, LOCAL 1OO
Br':Br:
Greg Blackman
GSAF- President
Donald D. Slesnick
GSAF Chief Negotiator
John Gresham
GSAF Chief Ntembetship Repteseotatir.e
,\TTEST:
Rafael E. Granado
Citv Clerk
Approved by vote of the Cigv Commission,
Jimmy L. Morales
Citv l\'Ianager
,20132016.
Ilatti I len era-EsrverPhllgLsiqs
I'Ia;'ot
CSAF.51
Page 628 of 81 3
GOVERNMENT SUPERVISORS ASSOCIATION
OF FLORIDA" OPEIU. LOCAL 1OO
ELECTION OF REMEDY FORM
Grievance No.
This iorm must be compieted and signed at the first step ofthe grievance pt>cedure.
Employee must elect, sign, and date only one of the two following choices:
1.- I/\X/e elect to utilize the Gdevance Procedure contained in the current Agreement
betu'een the City of N{iami Beach, Florida, and Govemment Supenisors
Association of Flotida, OPEIU, Lrrcal 100. I understand that this choice precludes
mv utilization of Option Number 2.
Empbr..ee Signature Date
2.- I[Ve elect 16 utilizs another forum fot m1y'our grievance, and in doing so, I/we
permanendl' rvaive my/our contractual r[ht to the Gtievance Procedure contained in
the current labor Agreement between the Cit-v of X{iami Beach and Government
Supentsors Association of Florida, OPEIU, I-ocal 100. An,v resolution oi a grievance
fmm another forum cannot be incr.rnsistenr \r,ith the tetms of the collective bargining
xgreement that is in effect.
Empkrvee Signarure l)ate
Rl,r cg
Iielrtitrns\(iSA\NcA)tieriocs 2(X)9 yl)rrli Ag.ements\,(;Si\ 2{)()r-2it'12 l:in21 RatiJird rd ,{mende.1 Agrtemcnt
1{l14 l0.doc
GSAF-52
Page 629 of 81 3
FY 2OL5l16 FY 20L6lt7 FY 2OL7lt8
7%COLA(04/u161
3% COLA (7lLlL7l
3% COLA (7lLlt8l
Holiday leave as time worked
lncrease educational leave and tuition refund
Skill pay supplement for Building lnspectors
Extra uniform
Out-of state bereavement leave
"Class l" Water Distribution License System
Operator supplement
lmpact of mortality rate changes on ARC
FY 2015/16 Merit lncrease (2%)
FY 2076h7 Merit lncrease (2%)
FY 2017178 Merit lncrease (2%)
52,000 s 52,000
39,500 s158,000
s 40,s00
15,000 s 15,000
3,500 s 3,500
77,28O5 77,28O
3,ooo s 3,ooo
3,ooo s 3,ooo
1,000 5 1,000
68,780 S 134,280 S 293,280 S
s150,00056,000s 89,000s 89,000
S 57,ooo S 91,ooo
S sa,ooo
124,780 S 280,280 S 681,280 S 1,086,340
Note: The figures contained herein result from an order of magnitude analysis, and are therefore estimates
Page 630 of 81 3
Exhibit B
Brvant
Miller Attorneys at Lalv
SunTrust International Center
OIive
September 23,2016
Mr. Jimmy L. Morales
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Re: City of Miami Beach and GSA
Collective Bargaining Agreement
October 1, 2015 - September 30, 2018
Dear Mr. Morales:
As requested, I have reviewed the tentative collective bargaining agreement between the
City of Miami Beach and GSA for the period October 1, 2015 - September 30.2018. Based on
this review, this is to notify you that I approve the agreement as to form and legality.
Very Truly Yours,
BRYANT MILLER OLIVE P.A.
1 SE 3rd Avenue
Suite 2200
IVliami, FL 33131
Tel 305.374.7349
Fax 305.374.0895
rv.1'.r'.btlo I art,. com
,/,'-'-'u''* t ' {-c'tX'tan<'(
James C. Crosland
Donald M. Papy, Esquire
Exhibit C
251 81/001 /01 1 52685.DOCXv1Atlanta.Jacksonville-Miarni OPfufd631 d8T3llahassee ' Tampa * lVashington, D.C.