LTC 021-2006 Communications Workers of America (CWA) Tentative AgreementMIAMIBEACH
OFFICE OF THE CITY MANAGER
NO. 021-2006
LETTER TO COMMISSION
TO: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: January 25, 2006
SUBJECT: Communications Workers of America (CWA) Tentative Agreement
Please see the attached Agreement that has been agreed to by both the City and the
CWA. It has been finalized and signed by Richard McKinnon, CWA President. The
ratification vote is scheduled for February 1, 2006.
Upon an affirmative ratification vote, we will place the following ordinances on the
February 8, 2006 Commission Agenda, for first reading:
· Salary
· Pension
· Health
If you should have any questions, please feel free to contact me directly.
Thank you.
cc: Linda Gonzalez, Labor Relations Director
F:~LABO\LABORREL\Labor Relations\Commission Letters\LTC CWA Tenative Agreement.doc
AGREEMENT
Between
CITY OF MIAMI BEACH, FLORIDA
MIAMIBEACH
and
COMMUNICATIONS WORKERS OF AMERICA (CWA)
LOCAL 3178
Period Covered
'~'~'~'~ 2003 to September 30, '~'~'~'~ 2006
October 1,
f.,
CWA- i
TABLE OF CONTENTS
PAGE
AGREEMENT ................................................................................................................................. 1
PREAMBLE .................................................................................................................................... 2
ARTICLE I - RecOanition
Section 1.1
Section 1.2
Section 1.3
Representation and Bargaining Unit ............................................................... 3
Unit Description ........................................................................................... 3
Job Classifications/Audits ........................................................................... :'34
ARTICLE 2- Employee and Union Rights
Section 2.1
Section 2.2
Section 2.3
Section 2.4
Section 2.5
Section 2.6
Section 2.7
Section 2.8
Section 2.9
Section 2.10
Section 2.11
Employee Rights During Meetings or Interviews ................................................ 5
Notice of Disciplinary Action ......................................................................... 5
Retaliation for Exercising Rights ..................................................................... 6
Union Membership/Right of Union
to Represent Only Members .......................................................................... 6
Access to Personnel Records ....................................................................... &_7
Employee Bargaining Team · ..7
Recording Devices ....................................................................................... 7
Polygraph Examinations & Psychological Examinations ................................... 7-8
Employee Examination Review ...................................................................... 8
Meeting Leave ............................................................................................. 8
Information to be Provided to Union by City ..................................................
ARTICLE 3- Deduction of Union Due~
Section 3.1
Section 3.2
Checkoff ................................................................................................ 910
Indemnification ....................................................................................... 91__0_0
ARTICLE 4- Grievance Procedure
Section 4.1
Section 4.2
Section 4.3
Section 4.4
Section 4.5
Section 4.6
Section 4.7
Section 4.8
Purpose ......
.......................................................................................... -1-gl 1
Deft nitions ............................................................................................ -1-g 1..j.1
Special Provisions .................................................................................. -1-1-1_~2
Grievances Involving Discipline ............................................................... -1-'315
Grievance Procedures ............................................................................ -1-415
Arbitration .......... , ................................................................................. -1-517
Differences Concerning Personnel Rules .................................................... -1-7-19
Union Time Bank ...................................................................................... 19
ARTICLE 5- No Strike and No L_~ckout
Section 5.1
Section 5.2
No Strike .............................................................................................. -t-82_.].1
No L°Ckout ........................................................................................... -1~_J.1
CWA - ii
TABLE OF CONTENTS, continued PAGE
ARTICLE 6- Manaaement Riahts .........................................................................................
ARTICLE 7- Hours of Work and Overtime
Section 7.1
Section 7.2
Section 7.3
Section 7.4
Section 7.5
Section 7.6
Section 7.7
Section 7.8
Section 7.9
Section 7.10
Section 7.11
Section 7.12
Section 7.13
Purpose .................................................................................... ~23
Normal Workday ........................................................................ ~ ......... -~23
Normal Workweek ................................................................................ ~---~23
Overtime .............................................................................................. -2~23
Distribution of Overtime Opportunity ........................................................ ~1-2_~4
Holiday Celebration and Pay for Working on Holiday ............................... ~-24
Rest Periods ..........................................................................................
Reporting Pay ....................................................................................... ~°--2-25
Come Back Pay ..................................................................................... -2-:2-2_~6
Standby PayTime .................................................................................... ~q-2-26
Clean-Up Time ...................................................................................... -2-'32~
No Pyramiding ...................................................................................... ~326
Essential Personal (Hurricane Pay) ............................................................ -2-3.2~6
ARTICLE 8- wages a,n.d Fringe Benefits
Section 8.1
Section 8.2
Section 8.3
Section 8.4
Section 8.5
Section 8.6
Section 8.7
Section 8.8
Section 8.9
Section 8.10
Section 8.11
Section 8.12
Section 8.13
Section 8.14
Section 8.15
Section 8.16
Section 8.17
Section 8.18
Section
Section
Section
Section
Section
Section
Section
Section
8.19
8.20
8.21
8.22
8.23
8.24
8.25
8.26
Wages ................................................................................................. -24,2_Z
Shift Differential ..................................................................................... -2~-30
Holidays .............................................................................................. -2-530
Bereavement Leave ................................................................................ -2~3._Q0
Rate of Pay When Working Out of Classification .................................. ~ ..... -2~30
Voting Time .......................................................................................... -2~3__].1
Meal Allowance .................................................................................... L--~3.~1
Jury Duty .............................................................................................. -2~31
Tool Allowance ..................................................................................... -2~3__]_1
Cleaning Allowance .............................................................................. ~o-731
Uniform Provision .................................................................................. ~-7-32
Insurance .............................................................................................. -2-73:2
Pension ................................................................................................ -2-834
Vacation Benefits ................................................................................... ~-94_.Q0
Sick & Vacation Leave ............................................................................ :2-94__0_0
Sick & Vacation Leave Accrual & Maximum Payment on Termination ............ ~J~4_.].1
Public Safely ......................................................................................... -3942
Step & Longevity Increases for Lifeguard I, Lifeg.uard II
and Lifeguard Lieutenant ......................................................................... 30.43
Promotional Salary for Lifeguard I. Lifeguard II and Lifeguard Lieutenant ........ -3-t-43
Perfect Attendance Bonus ....... ~ ................................................................ -3~-44
Lead Person .......................................................................................... 3-244
Union Conventions ................................................................................ 3-245
Orientation ........................................................................................... ~3-3-45
Educational Leave & Tuition Refund ......................................................... ~345
Property Management- License(s) Maintenance .......................................... -o~345
EMT Certification Pay ............................................................................. -o.~46
CWA- iii
TABLE OF CONTENTS, continued .PAGE
ARTICLE 9 Genera!.. provisions
Section 9.1
Section 9.2
Section 9.3
Section 9.4
Section 9.5
Section 9.6
Section 9.7
Section 9.8
Section 9.9
Section 9.10
Section 9.11
Section 9.12
Section 9.13
Section 9.14
Section 9.15
Section 9.16
Section 9.17
Section 9.18
Discrimination .......................................................................................
Meetings Between Parties .......................................................................
Reduction in Work Force ........................................................................ ga4_Z
Work Rules ........................................................................................... -344._Z
Probationary Em ployees ......................................................................... -D44~7
"Seasonal/Temporary" Employees ...........................................................
Political Activities of Employees ............................................................... -~49
Safety ' ...~,649
Parking ................................................................................................ ~-650
Glasses and Hats .................................................................................. -D7-50
Notification in the Event of Transfer or Contracting Out ............................... -3-751
Stress Reduction/Police Department's Public Safety Communications Unit ...... -'3G52
Bulletin Boards ...................................................................................... -3852
Seniority ............................................................................................... ~-~52
Safety Shoes ......................................................................................... ~z~5_~3
Labor/Management Committee ............................................................... 4954
Promotions ............................................................................................ 4954
Beach Patrol Promotions ......................................................................... ,4954
ARTICLE-10-Drua and Alcohol Testina
Section 10.1 - 10.7
Section 10.8
Section 10,9
Drug/Alcohol Random Testing., .............................................................. 57
Last Chance Aareement .......... 57
v ''"*'''''" ? '''''''' "'°'' °'''''""' '°''. .... .,,o.. .o. .......
,.., ~,~ ................. ng 5?-
ARTICLE 1 1- ,A,_... ..... ~' Entire Agreement ....... ... 4G59
ARTICLE 12 - Savings ........................................................................................................... 4460
ARTICLE 13 - Term of Contract ............................................................................................ 4-561
EXECUTION
APPENDIX A - COMPENSATION PLAN ............................................................................... 4-7-64
APPENDIX B - GRIEVANCE ~:~=u ~e..-,-....,.~,~. ,.~e .,,eu.-~v ,-,,~.,.-
........................... -,- ......................................... 487'1
APPENDIX C - PROPOSED CITY PENSION PLa_NS ............................................................... 7,1
CWA- iv
AGREEMENT
THIS AGREEMENT, was made and entered into on this --29 day of Meceh. ,200~-5, by and
between the CITY OF MIAMI BEACH, FLORIDA (herein called the "City"!, and the COMMUNICATIONS
WORKERS OF AMERICA (herein called the "Union").
CWA- 1
ARTICLE 1
RECOGNITION
Section 1.1. Representation and Bargaining Unit. -The City recognizes the Union as the sole and
exclusive representative of all employees in the unit described below.
Section 1.2 Unit Description. - All regular, full-time employees in the following classified job descriptions,
excluding all managerial, supervisory, confidential, temporary, and casual employees, and employees currently
represented in other certified bargaining units:
Account Clerk I
Account Clerk II
Account Clerk I11
Administrative Aide I
Administrative Aide II
Administrative Assistant I
Administrative Secretary
Air Conditioning Mechanic
Building Inspector
Buyer
Carpenter !
Carpenter II
Clerk
Clerk Typist
Code Compliance Administrator
Code Compliance Officer I
Code Compliance Officer I1
WIll I~V$~ill ill,,.~ll,~7 i i~iiiiN,,ii~i
Commission Reporter I
Commission Reporter II
Communications Operator
Complaint Operator I!
Crime Analysis Specialist
Crime Scene Technician I
Crime Scene Technician !!
Data Entry Clerk
Dispatcher
Dispatcher Trainee
Duplicating Equipment Operator
Electrical Inspector
Electrician
Elevator Inspector
Engineering Assistant !
Engineering Assistant I!
Engineering Assistant III
Engineering Inspector
Field Inspector I
Field Inspector II
Finance Specialist I
Finance Specialist II
Finance Specialist III
leU. I g~,~l I I I I II,~'II~l I I I
I I~ T--L-:..'__ II
I e ~,~ e I ~,,~1 il I I~,~1 ~ i I II
Lif~uard 1
Lifeguard II
Lifeguard Lieutenant
~oson
Mason~ Helper
M~hanical Inspector
Meter Analyst
Painter
Parking Dispatcher
Parking Enforcement S~ialist I
Parking Enforcement Sp~ialist II
Parking Meter Technician I
Parking Me~r T~hnician I!
Permit Clerk I
Permit Clerk ![
Planning T~hnician
Plumber
Plumbing Insp~tor
Pool Guard I
Pool Guard II
Police Fleet Specialist
Police Photographer
Police Records T~hnician
Prope~ Evidence T~hnician I
Prope~ Evidence Technician !1
Public Safe~ Specialist
Revenue Processor I
Revenue Processor II
CWA - 3
PREAMBLE
WHEREAS, the Union has been selected as the sole and exclusive bargaining representative by a
majority of the employees set forth in Article 1, and has been recognized by the City pursuant to the laws of
Florida as the sole and exclusive bargaining representative for said employees;
WHEREAS, the City and the Union have voluntarily endorsed the practices and procedures of collective
bargaining as a fair and orderly way of conducting relations between the City and the employees covered by
this Agreement insofar as such practices and procedures are appropriate to the obligations of the City to retain
the right effectively to operate the various departments of the City and are consonant with the paramount
interests of the public;
WHEREAS, it is the intention of the parties to this Agreement to provide, where not otherwise mandated
by Statute, for the salary schedule, fringe benefits and conditions of employment of the employees covered by
this Agreement, to provide for the continued and efficient operation of the various departments of the City, and
to provide an orderly and prompt method of handling and processing grievances;
NOW, THEREFORE, the parties agree with each other as follows;
CWA- 2
Section 1.3 Job Classifications/Audits.
a)
The City and the Union agree that in the event the City creates a new job classification within
the bargaining unit, or substantially changes the duties of a job classification which remains
within the bargaining unit, or combines job classifications within the bargaining unit as a
result of job audits, or market studies, the City will bargain with the Union concerning the
appropriate rate of pay for the new, changed, or combined jobs.~ However, in no event, will
the position be paid at a lower rate of pay or at a lower classification.
Until agreement is reached or impasse is resolved, affected employees will be paid as
determined by the City. Upon agreement as to the rate of pay for the new, changed, or
combined job(s), the agreed rate shall be retroactive to the date that the City filled the
positions.
b)
The parties agree that they will periodically review the job classifications and, if appropriate,
file a joint petition to Public Employees Relation Commission (PERC) to determine which
positions should be in or out of the bargaining unit.
f.,,li~llyg nj/Ill ¥1
The Ci.ty recognizes the life safety work that Lifeguard I, Lifeguard il and Lifeguard Lieutenants
perform is of a public safety service nature, however, the parties further agree and understand
that there is no assumption of additional compensation or benefits based on this recognition
CWA- 4
ARTICLE 2
EMPLOYEE AHD UNION RIGHTS
Section 2.1 Employee Rights During Meetings or Interviews.
a)
An employee shall be entitled to request Union representation at all meetings where the
representative of the City intends to seek to gain information from the employee which may
become a part of the written disciplinary record or may result in a written warning/reprimand of
the employee.
The employee shall be informed of the nature of the meeting, the alleged conduct, and if
requested, be given a reasonable period of time prior to the meeting to contact and consult with
the Union. Nothing contained herein shall preclude an employee from legal representation in the
event of a criminal investigation.
At the request of the employee, the City will advise the Union president of ali such meetings with
the employee and the Union President will arrange to have a Union Representative present.
d)
Ail meetings will be held in the City at a reasonable hour during the employee's shift or contiguous
to the Shift on the clock, unless an emergency or serious condition prevents such action.
This pro¥i~,ions of Article 2, Section 2.1 shall be subiect to the Union Time Bank as desc.ribed in
Section ,4.8.
Section 2.2 Notice of Disciplinary Action.
a)
No reprimand, termination, suspension, demotion, punitive transfer, or punitive reassignment
which results in loss of pay shall be taken against an employee unless he/she is notified of the
action, and the reason(s) for such recommended action given in writing specifically prior to the
action. Notice in writing shall be given to the employee as soon as practicable.
If such disciplinary action is taken against any employee which results in loss of pay or
monetary benefits or denial of annual merit increase, Management will adhere to progressive
discipline:
CWA- 5
Written "verbal warnings" shall not be kept in departmental or Human Resources files. If the
employee is not. disciplined for the same incident again during a calendar year, the written
"verbal warning" shall not be used for his/her Annual Performance Evaluation report.
c)
The employee must have received a Special Report during the evaluation period informing
him/her of the less than satisfactory performance and what action should be taken for
improvement. A copy of the Special Report must be submitted with the Annual Evaluation
Report.
d)
The employee must have received a warning during the evaluation period at least sixty (60)
but no more than ninety (90) days prior to an employee receiving a less than satisfactory
performance. If the unsatisfactory work performance occurred prior to ninety (90) days before
the anniversary increase was due, the warning must state what action the employee must take
to correct the unsatisfactory performance. A copy of the warning shall be submitted with the
Annual Evaluation Report.
e) Nothing in this section shall be intended to contravene public record law.
Annual merit increases are not automatic and may be denied.
The employee's Department will be responsible for monitoring the progress or lack of progress on the
employee's effort to correct the problem which led to the unsatisfactory rating. Such follow-up shall be every
ninety (90) days after the corrective process commenced. Upon correction of the problem, the employee will be
granted the annual increase.
Section 2.3 Retaliation f~r r°mreising Rights. - No employee, supervisor or management person shall
be retaliated against or be threatened with any such retaliation by reason of his/her exercise of any rights Set
forth in this Agreement.
Section 2.4 Union Membership-Right of Union to Repre~ont Only Memb'~rs - The City and the
Union agree not to interfere with the right of employees to become or not become members of the Union, and
further, both parties agree that there shall be no discrimination, interference, restraint, or coercion against any
employee because of Union membership or lack of it; except that the Union may process grievances for, advise,
or participate Jn meetings or interviews on behalf of members only. Human Resources will inform the Union of
CWA- 6
new hires on a monthly basis.
Section 2.5 Access tO Personnel Records. - Upon reasonable request, an employee shall have the right,
in the presence of an appropriate representative of the employer, to review and copy all or any portion of the
employee's official records which are or may become a part of the personnel file maintained by the Human
Resources Department_and his/her department. The employer may charge a reasonable fee of fifteen cents
($. 15) per page for such copying. Employees will be provided with a copy of records or letters that are to be
placed Jn the employee's Personnel File maintained in either Human Resources or in the Department personnel
file, which make specific, derogatory comments about the employee's work performance. This shall be done by
the Department prior to the filing and the employee shall be asked to sign his~her acknowledgement. The
employee shall be allowed to place in his personnel file a response of reasonable length to anything contained
therein which the employee deems to be adverse. No anonymous material shall be placed in an employee's
personnel file.
It is specifically understood that this provision shall not in any way alter or modify the Personnel Rules
concerning tests or examinations and the period of time which an employee has to review tests or examinations
which he/she has taken.
Section 2.6 Employee Bargaining.Team- - The City agrees that the Union shall be permitted up to five
15) employees to serve on a collective bargaining team in any collective bargaining negotiations with the City,
and that such persons shall be compensated at their regular salary, when negotiations are during regular.'
working hours. The Union may appoint alternates who shall be compensated instead of regular members of the
collective bargaining team for those periods of time when they actually serve on the bargaining team.
Attendance at neg.otiations for a successor agreement shall not be counted against the union time bank.
Section 2.7 Recording Devices- - No mechanical recording devices of anY kind shall be used in
discussions between department heads, division heads, or supervisors and employees unless the parties
mutually agree otherwise. It is specifically understood that this subsection shall not in any way apply to any
City Board.
Section 2.8 Po_hr_ara.Dh Examinations and Psychol_,~=ical Examinations
A) Poi_va_ raph Examination~
A bargaining unit member may be required to submit to a polygraph test, or any other
CWA- 7
electronic examination, the purpose of which is to test the truthfulness of the employee when
investigating a work place theft only when there is reasonable suspicion to believe that the
employee is involved.
2)
It is understood that bargaining unit members may be required to take a polygraph
examination when such examination is a pre-condition of their initial employment with the
City. A bargaining' unit member may be required to take a polygraph for promotion, or
transfer into a department that has required polygraph tests.
3)
Such polygraph test'shall be conducted by an independent, professional examiner as selected
by the City. Nothing contained in the Agreement shall abridge the rights of individual
employees or the rights of the City under Florida law.
B) Psy. chological Examinations
1)
At the City's request, the Union agrees to appear before the Personnel Board and jointly
submit with the City a proposal to include a psychological examination for Lifeguard I
applicants. Psychological examinations shall be in English and Spanish.
Section 2.9 Employee Examination Review. - An employee shall have the right in the presence of an
appropriate representative of the employer to examine and/or review his/her own completed promotional
examination as provided in Florida Statutes.
Section 2.10 Meeting Leave. - The Union shall have the right to send up to lwo (2) of the four (4)
designated one-(-~ Union representative_s, authorized with pay for time he/she would have otherwise been
working, to attend City Commission Meetings, Personnel Board Meetings, or Pension Board MeetJngs,_when a
matter relating to the collective bargaining agreement is on the Agenda for such meeting, and Jf prior approval
has been given by the representative's supervisor. The representative is to return to work immediately after the
City Commission addresses the Agenda item. This section shall be subject to the Union Time Bank in Section
4.8.
Section 2.1 1 Information To Be Provided To Union By Citer.. - The City will provide to the Union one
(1) copy of the following:
CWA- 8
a)
A listing of all bargaining unit employees on a disk and hard copy to include the employee's
name, address, I.D. number, department assignment, and date of hire, except where such
information is exempt from the definition of public records as established by Florida Statutes
119.07 (3) (i).
b) The "Personnel Rules" of the City of Miami Beach.
c) "Classification Specifications" for all bargaining unit classifications.
d)
"Agenda" (as distributed to all department heads and news media) for each City Commission
Meeting.
e) Salary Ordinance amendments affecting bargaining unit classifications.
CWA- 9
ARTICLE,3
DEDUCTION ,OF UNION DUES
Section 3.1 Checkoff. - Upon receipt of a lawfully executed written authorization from an employee, which
is presented to the City by an official designated by the Union in writing, the City agrees during the term of this
Agreement to deduct the uniform Union dues and assessments of such employees from their pay and remit such
deductions to the Union Treasurer; provided, however, that such authorization is revocable at the employee's
will upon thirty (30) days' written notice to the City and the Union. The Union will notify the City thirty (30)
days prior to any change Jn its dues and assessments structure.
The Union shall pay, during the term of this Agreement, the amount of two hundred dollars ($200) dollars
annually as a service charge for implementing and processing the above-stated dues and assessments
deductions. The Union shall make the payment on or before April 1 of each year of the Agreement.
The Union and the City agree to develop an electronic/magnetic media reporting system for deduction of dues
within six (6) months of ratification of the contract.
Section 3.2 Indemnification. -The Union agrees to indemnify and hold the City harmless against any and
all claims, suits, orders or judgments brought against the City under the provisions of this Article; provided,
however, this Section shall not apply to any act or failure to act on the part of the City resulting from its own
willful behavior. In the event of an error in dues deductions, transfer should be transmitted thirty (30) days after
written notification.
CWA- 10
ARTICLE 4
GRIEVANCE PROCEDURE
Section 4.1 Purpose,- It is recognized that complaints and grievances may arise between the bargaining
agent and the employer or between the employer and any one or more employees concerning the application
or interpretation of any provision of this Agreement. The employer and the bargaining agent desire that these
grievances and complaints be settled in an orderly, prompt and equitable manner so that the efficiency of the
City of Miami Beach may be maintained and the morale of employees not be impaired. Every effort will be
made by the employer, employees, and bargaining agent to settle the grievances at the lowest level of
supervision. The initiation or presentation of a grievance by an employee will not adversely affect his standing
with the employer.
No reprisals of any kind will be made by agents of the City against the grievant(s) or the Union's
representatives by reason of such participation in the processing of their grievance. Similarly, the Union, its
officers or agents, shall not impede, malign, or delay the City or management's representative in their duties
during the investigation or processing of said grievance.
In order to investigate, discuss and process grievances, the designated Union representatives and witnesses
must request permission 24 hours in advance (except in emergencies], and report their return to work upon
conclusion of the use of time for grievance matters. All such time away from work by Union representatives
shall be deducted from and is..subiect to the Union's Time Bank. Bargaining unit employees covered by. this
Agreement shall no longer be able to file an appeal via the City's Personnel. Board procedure for any
disciplinary matter.
Section 4.2 Definitions.
l)
Grievance - a grievance is a dispute involving the interpretation or application of any
provision of this Agreement, excluding matters not covered by this Agreement or where
Personnel Board rules and regulations are involved; provided, that disciplinary actions,
including discharges, but not including verbal warnings, may be grieved under this Article
further provided that the reasonableness of new or changed work rules and whether there has
been reasonable application of old or new work rules and lay-off provisions of the Personnel
Board's rules and regulations, may be grieved under this Article. The reasonableness of work
rules which were negotiated is not grieveable.
CWA- 11
2)
Aggrieved Employee(s)- the employee(s) filing the grievance or causing the grievance to be
filed.
3)
Immediate Supervisor - the individual having immediate supervisory authority over the
aggrieved employee(s).
4) Division Head- the head of the division in which the aggrieved employee(s) works.
5) Department Head- the head of the department in which the aggrieved employee(s) works.
6)
Days - as referred to in the time limits herein, days shall mean working days (i.e., Monday
through Friday, exclusive of scheduled holidays).
Section 4.3 Special Provisions.
a) The time limits set forth herein may be extended and/or modified by mutual written agreement.
b)
If the employer violates any time limits, the bargaining agent may advance to the next step without
waiting for the employer's response. If the Union, or the grievant(s) fail to initiate or move the
grievance to the first or next step of the grievance procedure, as set forth herein (time limits), it shall be
untimely and considered withdrawn.
c)
The parties acknowledge that, as a principle of interpretation, employees are obligated to work as
directed while grievances are pending; except where the safety of a working condition or health of the
employee(s) is the basis of the grievance.
d)
Aggrieved employees, a reasonable number of employees, not to exceed three (3), called as witnesses,
and a specifically designated Union representative, shall be allowed to be present at the various formal
steps of the grievance procedure, including arbitration. One witness may a~tend without Io~ of pay for
those actual hours during his/her regular work schedule. Any other witnesses, not to exceed, two (2)
in total, may attend T-
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............... P"-'~' ........................... ~ ........ ~ .................. Drov at ere is
·
adequate time to cover such work time in the Union Time Bank. The Union shall notify the City
CWA- 12
Manager's designee for Labor Relations of who it wishes to call, and then Management will schedule
the witnesses to be available as needed. TL. /"".*]- .... :!1 .... r ........ &L-- i.L.--A I~% I I-.'---- ·
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..~ ....L.:,._,:__ L__.: ........J[ .... Z .L_ ,: ......:[--L,- :- .L- ,,-:--- Z:--_ Z~__,. If there
tll~l ~11 ~"~ilglll~l.411~mlll II~l~a~mdll II1~I I~--~l~dll~kdll~g ~l./I III1~ IIII1~ ~I~4YW~411W~dlII.~I~ I11 II1~ glllVll ' III1~ il.~k,41ll~,l are
circumsfances where more than fhree (3) Wifnesses are needed, the Union will make a request to the
City Manager's designee for Labor Relations, who will make the final decision.
The Union shall designate to the City the names of the seventeen (17) Union representatives, plus one
individual who shall be designated as the Chairman of the Grievance Committee, whose function shall
be to assist unit members in the processing of complaints and grievances under this procedure. At Step
I only one (1) of the designated Union representative will be allowed at any grievance meeting. At
Step !1 & 111, only two (2) of the designated Union representatives will be allowed at any grievance
meeting. All such attendance time shall be deducted from and subject to the Union's Time Bank as set
forth in Section 4.8, including, but not limited to, the specification of representation by four (4)
members of the executive board.
City of Miami Beach employees other than those designated Union representatives (as set forth in Section 4..8)
shall not be granted time off from work without loss of pay for the processing of grievances -~'~-~,~ t~,~
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The specifically designated Union Representatives shall be permitted during working hours without loss of pay to
investigate, discuss, and process gr!evances in their respective areas, provided the following conditions are
met:
1) that they first secure the permission of their immediate supervisor (such permission shall not be
unreasonably denied);
2) that the supervisor shall be notified twenty-four (24) hours prior to investigating, discussing, and
processing grievances on City time (shorter notice may be given in the case of emergencies); and
3) that the representative will report his/her return to work to the immediate supervisor upon
conclusion of the use of time for grievance matters.
4)
· ntative's absence from work.
that there is sufficient time in the Un, ion Time Bank to, cover the entire period of th~
cwa- 13
An employee may request Union representation in accordance with the provisions of this Agreement at
each and every step of the grievance procedure set forth in this Agreement.
g)
The bargaining agent, in accordance with its own lawful internal rules, shall have the sole and
exclusive right to determine whether any grievance warrants processing through this procedure. In the
event the bargaining agent determines at any step of the grievance procedure that a grievance does
not warrant processing, a written notification of that determination shall be sent to the City Manager's
designee for Labor Relations. The employee(s) involved shall then be free to process it themselves or
through legal counsel.
h) If the bargaining agent has declined to process or further process any grievance presented to it, and if
any employee, or group of employees, desires to process it or further process their own grievance
through this procedure, the bargaining agent shall be sent copies of ali written communications sent by
the employer or the employee(s) involved. Further, nothing herein contained shall be construed to
prevent any public employees from representing, at any time, their own grievance in person or by legal
counsel to the employer, and having such grievance(s) adjusted without the intervention of the
bargaining agent, provided however, that the adjustment is not inconsistent-with the terms of the
collective bargaining agreement then in effect; and provided further that the bargaining agent has
been given notice and a reasonable opportunity to be present at any meeting called for the resolution
of such grievances.
i) The bargaining agent sl~all not be responsible for any costs attendant to the resolution of any
grievance(s) it has not processed.
The parties acknowledge that multiple grievances may be combined at any stage of the grievance
procedure where the class of aggrieved employees is clearly defined and the subject matter of the
grievances is the same or similar.
At Step I, all formal grievances presented shall include the date of the alleged violation, the specific
article and section grieved; a brief description of the grievance, and the remedy requested, z-he
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CWA- 14
Section' 4.4 Grievances Involving Discipline. - Discipline shall be only for just cause and shall include
written reprimand, suspension, or dismissal. A verbal warning is not disciplinary and is not grievable. Any
regular employee who is disciplined, and who has completed the required probationary period, may file a
grievance pursuant to the provisions of this Article. The Union or employees not represented by the Union in a
grievance or who are not members of the Union may file discipline grievances at either Step I or II within fifteen
(15) days of the written notice of action.
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GRIEVANCE PROCEDURES;
STEP I
a)
b)
The grievance shall be filed within fifteen (15) days of the alleged violation, interpretation or
application of the terms of employment set forth in this Agreement.
The grievance shall be filed with the division head in writing, on the Grievance Form as
attached in the appendix.
CWA - 15
The division head or his/her designee shall note the date of receipt of the grievance, and shall
seek to meet the aggrieved employee at a mutually agreeable time within ten (10) days of
receipt of the grievance.
d)
Within five (5) of the meeting, the division head shall render a decision and shall immediately
communicate that decision in writing to the aggrieved, the bargaining agent, and the
department head. If the decision is to deny the grievance, the reasons for denial shall be
specifically stated.
The aggrieved employee(s) and/or the bargaining agent may appeal the decision of the
division head within seven (7) days of receipt of the decision.
STEP I!
The appeal shall be submitted in w'iting to the department head. Failure to appeal the
decision of the division head within seven (7) days shall constitute acceptance by the
aggrieved employee(s) and the bargaining agent of the decision as being a final resolution of
the issues raised.
a)
If the aggrieved employee(s) appeals the decision, the department head shall schedule a
meeting to take place at a mutually agreeable time not more than five (5) days after receipt of
the appeal. The exclusive bargaining agent shall be advised in writing as to the date of the
proposed meeting, and shall have the right to send one (1) observer to the proceedings if the
bargaining agent is not involved in the actual representation of the aggrieved employee(s).
b)
Within five (5) days of the meeting, the department head shall render a decision and shall
immediately communicate that decision in writing to the aggrieved employee(s), and to the
bargaining agent. If the decision is to deny the grievance, the reasons for denial shall be
specifically stated.
The aggrieved employee(s) may appeal the decision of the department head within seven (7)
days of receipt of the decision. The appeal shall be communicated in writing to the E--xee'utive
A~r~[z, tc.r.t tc, the City Manager's designee for ~ZLabor Relations. Failure to appeal the decision
of the department head within seven (7) days shall constitute acceptance by the aggrieved
employee(s) and the bargaining agent of the decision as being a final resolution of the issues
CWA- 16
raised.
STEP !11
a)
If the aggrieved employee and/or a representative of the bargaining unit appeals the
decision, the City Manager, or his/her designee for Labor Relations, shall schedule a meeting
to take place at a mutually agreeable time not more than twelve (12) days after receipt of the
appeal.
Within twelve (12) days of the meeting, the City Manager or his/her designee for Labor
Relations shall render a decision and shall immediately communicate that decision in writing to
the aggrieved employee and the bargaining agent. If the decision is to deny the grievance,
the reasons for denial shall be specifically stated.
c)
Failure to appeal the decision rendered in Step I11 within twelve (12) days by notice of intent to
submit to arbitration shall deem the decision at Step III to be final and no further appeal will
be pursued.
Section 4.6 Arbitration. - If the employer and the aggrieved employee(s) and/or the bargaining agent fail
to resolve the grievance, the grievance may be submitted to final and binding arbitration by an impartial neutral
mutually selected by the parties.
a)
Notice of intent to submit the grievance to arbitration shall be communicated in writing by the
Union President or his designee to the office of the City Manager's designee for Labor
Relations within twelve (12) days of the receipt of the decision at Step III. Any request to go to
arbitration on behalf of the employer is to go to the Union President.
b)
Within thirty (30) days after written notice of submission to arbitration a request for a list of
five (5) or seven (7) arbitrators shall be submitted to the Federal Mediation and Conciliation
Service. Both the City and the Union shall have the right to strike two (2) names from the
panel of five (5) or three (3) names from the panel of seven.
The City and the Union agree to alternate as to who shall strike the first name. The arbitrator
remaining on the panel after both parties have utilized their two (2) strikes from a panel of five
CWA - 17
(5) or three (3) strikes from a panel of seven (7) shall be the selected arbitrator. The arbitrator
shall be notified of his/her selection within five (5) days by a joint letter from the City and the
Union requesting that he/she schedule a date and place for a hearing, subject to the
availabilily of the City and the Union.
Prior to the commencement of the arbitration, the arbitrator may hold a pre-hearing conference
to consider and determine:
d)
1. the simplification of the issues;
.
The possibility of obtaining stipulation of facts and documents that will avoid
unnecessary proof;
,
,
such other matters as may aid in the disposition of the grievance;
matters of jurisdiction or applicability.
The arbitrator shall have no right to amend, modify, ignore, add to, or subtract from the
provisions of this Agreement. He/She shall consider and decide only the specific issue
submitted to him/her in writing by the City and the Union, and shall have no authority to make
a decision on any other issue not submitted to him/her. The arbitrator shall submit in writing
his/her decision within thirty (30) days following close of the hearing or the submission of
briefs by the parties, whichever is later, provided that the parties may mutually agree in writing
to extend said limitation. The decision shall be based solely upon his/her interpretation of the
meaning or application of the express terms of this Agreement to the facts of the grievance
presented. Consistent with this Section, the decision of the arbitrator shall be final and
binding.
in the event that an employee desires, on his/her own behalf, to process his/her grievance to
arbitration, the bargaining agent reserves the right to intervene in the arbitration proceeding
up to and including the full right to participation as a party.
All arbitration costs, including the cost of stenographic reporting of the arbitration hearing if
agreed to by the parties, shall be divided equally between the employer and the bargaining
agent, or if the bargaining agent has determined not to process the grievance through
arbitration, between the employer and the employee(s). Each party will pay the cost of
presenting its own case.
CWA- 18
Section 4.7 Differences Concerning Personnel Rules. - A difference of opinion with respect to the
meaning or application of the Personnel Rules which directly affects wages, hours, or working conditions may
be submitted by the employee or the Union President [or his/her designee) to the City Manager's designee for
Labor Relations ~'-" L:_/L_o ~, .......... :"-~ within ten (1 O) days after the occurrence of the event giving rise to
jl~j~ j JJJO/ JJ~J J~.gJ~Jl g~J J J ~t~J J J V ~]
the difference of opinion. The u .....o ......... r,:___,__ f_. L:./L_. o .......... :.._~ __J ,L_ City r's
, ,v,, ...... ~o,~,, .... ,-',,~,-,~,, t'-', ,,,o/,,~ .... ~,~o~ ...... ,,~1, '., .......Manage
designee For Labor Relationst,,,~-- ,,,o/'-:'/L_,,;, "~"~°~'"~'"'~,° ....... '-'""-~ shall discuss the moffer with the employee and the
Union Representative at a time mutually agreeable to the parties. If no sefflement is reached at this meeting, the
employee retains his/her right to appeal to the Personnel Board under the statutory procedures governing such
appeals.
Section 4.8. Union Time I~nk. The ~WA,~,,,,---' ,,o:'- ,~o,~,,~o'~--: ......... ~,, ~,,,~,,u-- represented by ~ogr ~41. .
mem~rs of the Executive Board, as determined by the President shall have the right to conduct union business
[under the conditions described in this ~tion) throuah the use of a time bank. ~-- z:'--~ ..... ~nn~ q~n
m~mmm~ ~ll~ ~mm~lm ~ J ~Vv mJv~mg~ ~vv~i mmm~ mmm~ ~miv~ v~mv~m mI ~vv~ mJJm~m, ~Q~l~mmm~m ~vI ~vv~.
~m ~v~vv~t mmm~ Jmmmm~ ~l~ ~m~mm ~ J~vv mm~m~ ~mmml~ mmm~ ~mmv~ ~mv~m m · ~v~ ~mmmv~mm ~mJm~m
~n ~n~ r__ fiscal y~r 2~5-2006, the time bank shall be 1500 hours, covering the period October l,
2~5 throug~ SePtember 30, 2006, Any time used by Union re~resentativ~ a~er October l, 2005 thor.would
bare count~ against this time bank, shall be deducted as if the time bank had existed ~or the fiscal year 2005-
2006. Unused time bank hours ~om one contract year shaft rollover to the ne~ contract year, not to exc~d
total maximum of 3000 hours per contract y~r ..... ,,, ........ , ,~,_ ~ .... r,_~._ r.,., ........ ~ .~
'V~i~ 2~.~, ~m~ ~_(~ ~ ~-z' ~ f',rA~. No more ~an ~o (21 of the designated Union re~resentativ~ may u~e
time ~om the Union Time Bank at the same time. --J =~ ..... ~ ...... ~,k- ~_.:_._,_J m ~.:__, .... ~,,t
~mm~ Jm mmm~m~ mml~mm ~ml~ ~i zmm~ ~l~mm~m~ ~mmmvll '~'~ ....
~IG ~gll~gl I Gl lll~ ggll !~ Vlligll Ii111~ II IGI I I I IgO~ MGOI~I IMIGM gll~ll I G~i GoGm mm~lm yG~ mal~l ~G llglll ~111~1 Gill
~ T~e President or ~esignafed union repmsenfative o~ the ~WA s all provide a minimum oF
~en~-~our. (24) ~ou~ n0tice, to t~ Fi~ ~:-~,,,., ~,-- 'L-,,,- ~,,,~,,~ '-:-- P .... ~nt'~ the appropriate De~a~menf Dir~for or
~,~,,~ ..... ~ ~,,~ ,~ ,~ ......... D~p~dmen: for any leave fo be granted. Such leave shall not be granted
unless previously approy~, in writing by the CWA President. Time for a~endance at negotiations for n
successor agreement is addre~ed in ~AMicJe 2.6. of this Agreement. The 15~ hour time ~nk shall
be used for union representation as outlined in S~tion 2.1 2.10, and A~icle 4 of this agr~ment. ~-
~WIIIIIII~IIWII~ I1~i1~ ~111~11 IIWg g~ll ~I~*IM~M III II1~ ~Wgl [W~ W~I~IIIIIII~W W~ II1~ I, II~ ~II1~1 IV II1~ I I~glW~lll
,IiI~IIIW~I~ WI 111~ ~A~MII~ g~MIM VI WIII~I I~1 I IIl~lil~lg gllWII ~ ~I~IM~M I~ WII~IIWWII~ ~! I~W
WWI~ ~W W~tl ~WI II~1~11~~ ~W~Ii ~WI VI III1~ M~i~lll~lll MI I~ ~ ~lll~ ~IIMII 11~1 g~ III~IWW~W Iii II1~ iggg
~AII other union conyenfion time other than union convention time referred in S~tion 8.22 '~
, II1~
eew~em,~-, shal. I be part of the Union Time Bank,
CWA- 19
I-~1,~ IBIVi5 lilt,Ill IIIIvv iVl T,~IIIMI~,,~Yj · vVO I~g, YYlill~gO~O~ UUIOVUlJI IV V~IIVll ~*V.Ul IIl~Y UOQ IIIJl~ llUllJ Ill~ UIIiVlI I Illl~
~11~ ~1 II1~ ~lllg IIII10, . VlIISOO O~III~IIY. · ~IVY5U III ~111111~__ ~_ IIIg ~I1~ lll~ll~gl VI ~1~11~ IVl ~VI
i~u ~1~1 i~1 g~ ~1 vi i1~11 iii i i~, IIl~Y~ i1~1 ~ gl ]i ~1 ig~lY~ ~11 i I~, . i I~Y~l ~1. ~A~ I I I ~1~ '
m~npov~ ~~ ~ ~v~dim~. Representafiv~ must return to work imme~iately upon conclusion
meetin~ that was the reason ~or the approve~ Union time off. I~ the Union Time Bank is exhauste~: no more
paid time o~ to conduct union busine~ on Ci~ time ~hall be reque~t~: paid or approve~. Affendance at
p~n~ion bo~r~ m~tin~ by ~ ~i~n~t~d union roprm~nt~fiw os o p~n~ion board m~mbor ~h~ll not b~ count~
~ain~ th~ union fim~ b~nk.
CWA - 20
ARTICLE 5
NO STRIKE AND, NO LOCKOUT
Section $.1 No Strike. - The parties hereby recognize the provisions of Chapter 447, Florida Statutes,
which define strikes, prohibit strikes, and establish penalties in the case of a strike and incorporate those
statutory provisions herein by reference. The parties further agree that the City shall have the right to discharge
or otherwise discipline any employee(s) who engage(s) in any activity defined in Section 447.203(61, Florida
Statutes.
Accordingly, the Union, its officers, stewards and other representatives agree that it is their continuing
obligation and responsibility to maintain compliance with this Article and the law, and to encourage and direct
employees violating this Article or the law to return to work, and to disavow the strike publicly.
Section 5.2 No Lockout. - The City will not lockout any employees during the term of this Agreement as a
result of a labor dispute with the Union.
CWA- 21
ARTICLE 6
MANAGEMENT RIGHTS
It is recognized that except as stated herein, it is the right of the City to determine unilaterally the purpose of
each of its constituent agencies, set standards of service to be offered to the public, and exercise control and
discretion over its organization and operations.
The Union recognizes the sole and exclusive rights, powers, and authorities of the City further include but are
not limited to the following: to direct and manage employees of the City; to hire, promote, transfer, schedule,
assign, and retain employees; to suspend, demote, discharge or take other disciplinary action against
employees for just cause; to relieve employees from duty because of lack of work, funds or other legitimate
reasons; to maintain the efficiency of its operations, including the right to contract and subcontract existing and
future work; to determine the duties to be included in job classifications and the numbers, types, and grades of
positions or employees assigned to an organizational unit, department or project; to assign overtime and to
determine the amount of overtime required; to control and regulate the use of all its equipment and property; to
establish and require employees to observe all its rules and regulations; to conduct performance evaluations;
and, to determine internal security practices; provided however, that the exercise of any of the above rights
shall not conflict with any of the express written provisions of this Agreement. The City agrees that, prior to
substantial permanent layoff of bargaining unit members, Jt will advise the Union.
If, in the sole discretion of the City it is determined that civil emergency conditions exist, including but not limited
to riots, civil disorders, hurricane conditions, or similar catastrophes, the provisions of this Agreement may be
suspended by the City Manager or his/her designee for Labor Relations during the time of the declared
emergency, provided that wage rates and monetary fringe benefits shall not be suspended.
Should an emergency arise, the Union President shall be advised as soon as possible of the nature of the
emergency.
CWA- 22
ARTICLE 7
HOURS OF WORK AND OVERTIME
Section 7.1 Purpose. -This Article is intended to define the normal hours of work and to provide the basis
for the calculation and payment of overtime.
Section 7.2 Normal Workday. - The normal workday shall consist of eight (8) or ten (10) consecutive
hours of work, exclusive of the lunch period, in a twenty-four (24) hour period.
,Subject to the above, the City shall determine all aspects of the scheduling of Ocean Rescue e/mployees
·
including~ but not limited to, the daily and weekly shifts of individual employees and/or group Of employee~
(including the start and finish times of each. shift and the start and finish times of individuals within a..shift
(staggered shifts)) and da.vs off, provided that any change to scheduling is made consistent with notice and
seniority requirements contained in this agreement when applicable.
~VIIIIIl~ll~lll~lll VI 6W~l~lll VIWIJWWIW IIII1~ WII~I V~J~I &~V I I /YIIGII II1~ F~li I ~BI~I $liWII ~ilWli~ IIVIII
--- J-.. ~ = ~ n~ ..... ~ ..... ~' The Ci~ may, on an as needed basis, supplement the Lif~uard wo~orce wi~ such
"tempom~ employees" as outlined in Section 9.5.
Section 7.3 Normal Workweek. - The normal workweek shall consist of forty (40) hours per week, and
such additional time as may, from time to time, be required in the judgment of the City to serve the citizens of
the City. The workweek shall begin with the employee's first regular shift each week. No schedule changes
involving shifts or days off shall be made without at least ten (] 0) workdays' notice to the employees involved,
provided that in an emergency, or other such reason justifying a temporary schedule change only, such notice
as is practicable shall be given. The implementation of this provision shall not be arbitrary and capricious.
Section 7.4 Overtime. - It is understood that the City may require necessary and reasonable overtime for
unit members. For all hours worked in excess of forty hours during an employee's workweek, the City will pay
the employee one and one-half (1-1/2) times the employee's straight time hourly rate of pay. Annual and
Holiday leave shall be considered as time worked for the purpose of computing overtime; but sick leave shall
not.
For all hours worked on an employee's seventh .consecutive workday within his/her workweek, the City shall
/ CWA- 23
pay two 12) times the employee's straight time hourly rate of pay, provided the employee has actually_worked
his/her full shift on each of the six (61 preceding workdays.
This provision shall not be applicable if a substantial number of employees are scheduled to work seven (7)
consecutive workdays because of an emergency such as a hurricane, if an employee, scheduled to work,
works more than his/her normal hours on a holiday, the excess hours shall be paid at the holiday rate.
Section 7.5 Distribution of Overtime Opportunity,. - Opportunity to work overtime shall be distributed
as equally as practicable among employees in the same job classification in the same work section and area
starting with the most senior employee, provided the employees are qualified to perform the specific overtime
work required. Seniority for the purpose of this subsection shall mean length of continuous service with the City.
Overtime opportunities shall be accumulated on adequate records (which shall be available to the employees)
and offered overtime not worked shall be considered as worked in maintaining these records. If any qualified
employee establishes that he/she has not received his/her fair share of overtime opportunities, such employee
shall have first preference to future weekly overtime work until reasonable balance is recreated. The overtime
list shall be updated on a monthly basis and posted. If no one is willing to voluntarily work the overtime
requested, then the City may require the least senior employee to work the overtime necessary. On a particular
job, an employee may be asked to complete work in progress during overtime when hazardous conditions are
present.
Section 7.6 Holiclcry. Celebration and Pay for Working on Holiday.
a)
(See Section 8.3. Holidays) Whenever any of the holidays listed in Section 7.3. Holidays of
this Agreement fall on a Sunday (or Monday for employees whose regular day off is Monday),
the following workday shall be observed as the official holiday; whenever any of the above
listed holidays occur on a Saturday (or Friday for employees whose regular day off is Friday),
the preceding workday shall be observed as the official holiday. In such cases, the day on
which the holiday is observed shall be considered to be the paid holiday and not the regular
day.
City celebrated holidays that fall on Tuesday, Wednesday, or Thursday, and said holiday is
on the employee's regular day off, then the employee shall receive a day's pay for said
holiday, if they meet all of the qualifications contained herein.
b)
To be eligible for a paid holiday, an employee must report for scheduled work on the holiday,
on the last scheduled day preceding the holiday and the first scheduled day following the
CWA- 24
holiday unless such absences are excused. Excused absences are defined as:
2)
4)
an employee calls in sick and is eligible to receive paid sick leave,
and who is granted sick leave usage;
approved annual leave;
floating holiday;
birthday.
Whenever an observed holiday occurs on an employee's scheduled day off and the employee
does not work thereon, the employee shall receive for his/her normal workday a straight time
hourly rate of pay for the holiday.
d)
Work on a holiday falling on an employee's regularly scheduled workday, he/she shall
receive holiday pay for the holiday and time and one half for the hours worked.
Should an employee be required to work on a holiday falling on his/her day off, he/she shall
receive holiday pay for the holiday and shall receive pay at, double time and one half rate for
the hours worked.
Failure to report for work on, before, after, or during the holiday after having been scheduled
to work on such holiday shall be iust cause for denial of holiday pay.
g)
A holiday which is observed during an employee's regularly scheduled workweek shall be
considered as time worked for the purpose of computing overtime.
Section 7.7 Rest Peril~cls. Employees may take a rest period of fifteen (15) minutes for each half day of
work. Daily rest periods shall be scheduled by the supervisors. Whenever practicable, the rest period will be
scheduled approximately mid-point in the first one-half of the employee's regular work shift and in the second
half of the employee's regular work shift. Employees who extend their rest period may be subject to disciplinary
action.
For each additional four (4) hours worked beyond the regular shift, an additional fifteen (15) minute rest period
shall be provided. Employees in PSCU shall enjoy a fifty (50) minute meal break and a ten (10) minute rest
period which, upon request of an employee and with the approval of the supervisor, will be combined into a
sixty (60) minute meal break.
Section 7.8 Re.aorting Pay.. - An employee who reports to work as scheduled will be guaranteed eight (8)
ours of work or eight (8) hours of pay; (or, for those on ten-hour days, ten hours of work or ten of pay);
CWA- 25 ~
provided, however, that supervisors may assign employees to perform any reasonable work.
Section 7.9 Come Back Pay. - An employee who is scheduled or called in to work outside of his/her
normal hours of work will be guaranteed four (4) hours of work or four (4) hours of pay. It is understood that
call-in pay does not apply to work which is contiguous to his/her regularly scheduled shift. Employees who are
required to attend Court shall only be required to return to Division Headquarters if their Court appearance has
been scheduled during their normal workweek.
Section 7...10 Standby Time. Employees assigned to standby shall receive two (2) hours per day of
straight time as a standby bonus unless they receive comeback pay. Standby Pay shall be offered to employees
in the same manner and conditions as in Article 7.5 Distribution of Overtime.
I lll,~lJ~ J,,,ll'~,,t'¥1~ll~,,/ll ,b~l l~*,dll Jj~'li~ Gii~iiyG
Seefion 7.11 Clean-Up Time. - At the end of the shift, skilled trades employees and members of the beach
patrol and Pool Guards shall be allowed fifteen (15) minutes clean-up time; provided that they may also be
required to perform other work tasks during such time if it does not interfere with clean up. However, Pool
guards cannot leave the job site during this clean-up time.
Section 7.12 No .P~amiding. - Premium pay and overtime shall not be paid for the same hours. The
employee shall receive the greater of the two alternative premiums.
Section 7.13 Essential Personnel (Hurricane Pay.). When the City declares an emergency due to a
named hurricane and other events and non-essential personnel employees are advised to stay home with pay
and essential personnel employees are ordered to work, essential personnel employees shall be paid at the rate
of one and one-half of their straight hourly wages for all hours worked for up to three (3) days. 'r,-: ...... :.:...
i Ii1~1
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CWA - 26
--
ARTICLE 8
WAGES AND FRINGE BENEFITS
Section 8.1, Wa_aes
Wage Increase.
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CWA- 27
Them shall be no wage increase for fiscal year 2003/2004.. No bargaining unit member who left the City's
employ prior ..to the date of ratification of this Agreement by both parties (or the date that it is imposed, if
applicable) will be eligible for any wages or benefits under this Agreement
In the event that this Agreement is ratified, all bargaining unit employees shall be paid, prior to any other wage
increase, a onetime lump sum payment valued at 3% of the employee's base pay and. his/her regular pay
enhancements and the overtime that the employee earned during fiscal year 2003-2004 {i.e., based on thc
employee's extended pay plus overtime, but not. to include any sick ti.me bonus or any differentia.le or
allowances). The above p .ayment shall not be pensionable and shall not increase the employee's base pay, nor
result in any adiustment to the pay ranges contained in the pay for performance plan. In the event that this
Agreement is ratified, effectivein the first (1 st! pay period ending in October of 2004, there shall be an acros-,'-
the board wage increase of six percent (6%), and the minimum and maximum of each pay range will also bc
increased by 6%. The 3% onetime lump sum payment referred to in the first sentence of this paragraph shall nat
be included in the calculation of the 6% COLA
In the event that this Agreement is ratified, effective with the first (1 st.) pay period ending in October of. 2005,
there shall be an across the board wage. increase of three and one-half percent (3.5%). and the minimum and
maximum of each pay range will also be increased by 3.5%.
Effective upon the date this agreement is imposed or ratified by both parties, the Ci.ty of Miami Beac~
Classification and pay system will be implemented as part of this contract for all bargaining unit employc, c.:, with
the exception of Lifeguard 1, Lifeguard II and Lifeguard Lieutenants. This classification and Day system include-~
salary, range changes. !ob audits, and market classification studies, but does not include cost-of-livina increases.
CWA - 28
No. change (to salary ranges, job audits or market classification studies) shall take place until the Union
President or his/her designee...concurs. No decision made within the context of this orovision shall result in a
lower grade, the removal of a job classification from the bargaining unit, nor shall said decision result in, an
exemption from FLSA overtime requirements.
With .the exception of Lifeguard I, Lifeguard
step plan, due to the unique nature of their
classification and pay system,, the maximum
II and Lifeguard Lieutenants who shall remain under the current
work, as part of the conversion c~rocess from a step plan to th~-
step of each of the existing CWA pay steps will be increased bv
eleven percent (11%) to accommodate the elimination of the Iongevi .ty pay benefit Each employee will be
moved into the pay for performance salary ranges according to the attached schedule, at the value of each
employee's current base sala .ry and the employee's applicable longevity benefit (but shall not include the above
noted lump sum payment) as of the date this Agreement is ratified or imposed. The longevity benefit will cease
on the date the classification and pay system becomes effective. Consistent with the classification and pay
,system, no employee's, salary, shall thereafter exceed, for any reason, the applicable maximum salary, for the
pay range of the employee's position.
With the exception of Lifeguard I, Lifeguard II and Lifeguard Lieutenants who shall remain under the current
step plan, commencing on each employee's .first merit review date that falls on or after the effective date of the
classification and pay system, an employee who receives a score of ninety (90) or above on their respective
annual performance evaluation shall receive a four percent (4%) increase on their merit review date, provid~
that the employee's sala .ry shall not exceed the maximum salary range of his/her position
Employees in the pay for oerformance plan who receive a score of less than nine .ty (90), but-eighty (80) or
above, shall receive a three percent (3%) increase on their me..rit date, provided that the employ~'s salary shall
not exceed the maximum sala .ry range of his/her position.
Employees in the pay for performance plan who receive a score of less than eighty (80), but sixty (60) or
above, shall receive a two percent (2%) increase on their merit date, provided that the employ::'s salary shall
not exceed the maximum salary, range of his/her position.
If an employee's merit rating score does not qualify him/her for a merit increase, the employ:: may grieve th~
evaluation up t o Step II1 under the provisions of this Agreement.
[_ATTACHED - The PaY for Performance MINIMUM/AI_~_,YIM~JM PAY RANGE SCHEDULE and th~
CABLE TO THE LIFEGUARD !. LIFEGUARD II AND LIFEGUARD UEUTE/U._A. NT
CWA- 29 ~
CLASSIFICATIONS]
Section 8.2 Shift Differential. _~.,"/z--~-',~.,, ..... ,~ v,, ,-,~,,^ __:1,., ,,,° ,.vv--,'~nn'~ wWhere a majority of an employee's regularly
assigned shift hours fall between 3:00 p.m. and 11:00 p.m., the employee shall receive a shift differential of
forty five (_$~.45e) per hour for work performed after 3:00 p.m.
~-r.[__,: ..... ^_.:~ o ,')nn,~ wWhere a majority of an employee's regularly assigned shift hours fall between
I,~II~i~IIT~ VII /~Jt~lll ~lm/I ,LI~,i~I'V.~:--I
1 ! :00 p.m. and 6:30 a.m., the employee shall receive a shift differential of fifty five ~.55e) per hour for work
performed after 11:00 p.m.
Section 8.3 Holidays. -(See Section 7.6) The following fourteen (14) days shall be considered as holidays
but the City reserves the right to schedule work on the holidays:
New Years' Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day,
Veteran's Day, Thanksgiving Day, the day following Thanksgiving, Christmas Day, Martin
Luther King's Birthday, three (3) floating holidays, and the employee's birthday.
Employees shall become eligible for floating holidays and the birthday holiday upon completing six (6) months'
continuous service with the City.
Section 8.4 Bereavement Leave. - In case of death in the immediate family of an employee, time off with
straight-time pay will be allowed of two (2) scheduled work days off per death and four (4) scheduled work
days off per death if the funeral is held outside the State of Florida. The immediate family shall be defined as
father, mother, husband, wife, sister, brother, son, daughter, grandchild, grandfather, grandmother,
mother-in-law, father-in-law, stepfather, stepmother, stepson, stepdaughter, or domestic partner as defined in the
Domestic Partner Ordinance. Additional time off may be granted by the Department Head, in writing,
chargeable to the employee's accrued sick or vacation leave. In such circumstances such additional sick leave
shall not count against an employee for purposes of performance evaluations.
Section 8.5 Rate of Pay When Working Out of Classification - An employee may be required to
temporarily work out of his/her classification when directed by management. Temporarily is defined as an
emplOyee who is clearly and definitely performing the principal duties in a higher pay classification for more
than one hour per day, and they shall not exceed 580 hours in a 12-month period, and shall be paid as
follows, except at the sole discretion of the Human Resources Director, he/she may waive the 580 hour cap if
in his/her judgment, it will best serve the needs of the City service:
CWA- 30
a)
Out of class pay shall be distributed as equally as practicable among employees in the same
job classification in the same work section.
b)
c)
If he/she is temporarily working in a lower classification, he/she shall receive his/her hourly
rate in his/her regular classification. Employees will not be assigned to lower classification
work as punishment or to demean the employee.
If he/she is temporarily working for one or more consecutive hours in a higher paying
classification, he/she shall be paid an hourly rate of one dollar ($1.001 per hour to be added
th ploy ight-ti f p ?L.'_ .L_, L_ _r~__,: ..... ^_.'.1 o ,~^^,~
to e em ee's stra me rate o ay ...... pr~vb~c,r, ............... . .... .-~ ..... ._ ....
Employees being trained with on-site supervisory assistance in a bona-fide training program for a higher paying
classification will be paid their current rate in their regular classification during such training time.
~ection 11.6 Vc~ing Time. Given the availability of alternatives such as absentee ballots, the past practice of
allowing paid time off for voting shall be discontinued.
Section 8.7 Meal Allowance. - An employee who works three (3) consecutive hours or more of pre-shift or
post-shift overtime shall be paid $7.00 unless meals are provided by the City. Employees shall receive
ithi th (3) th -rt.: ...... :.:A_ .L_n LA _r. cA_,.. ..... ^__:, o ,~,.,,-,,~
compensation w n ree mort s. ,,,,o ~, ...... .., ..... ,., ......... ,,w ,,,, r,t., .... , --,.,,.,,...
In the event employees are supplied with a meal while working the overtime hours, the meal allowance, as
provided under this Section, shall cease.
Section 8.8 Jury Duty. The City of Miami Beach shall permit employees either to keep payments received
from courts of competent jurisdictJon for being on duty, or Jn the alternative, their standard rate of pay,
whichever is higher. For each day an employee is called to jury duty, he/she shall be excused from work for
such time as is necessary to complete jury duty services. If three (3) or more hours are left in the employee's
work shift upon release from jury duty, the employee shall immediately contact his/her immediate supervisor for
instruction.
Section 8.9 Tool Allowance. Employees in those classifications who are required to provide their own
personal tools as part of the job duties shall be entitled to a $17.50 per pay period for the purchase of
w/ pi I TL: ........-:__ .L_n LA ~r.c__,: ..... ^__:~ o
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CWA - 31
Section 8.10 Cleaning Allowance. - If required to wear a City uniform, persons employed in the following
public contact positions shall receive a uniform cleaning allowance of forty dollars ($40) monthly.
Air Conditioning Mechanic
Building Inspector
Carpenter I
Carpenter Ii
Code Compliance Administrator
Code Compliance Officer I and I1
Crime Scene Technician I
Crime Scene Technician II
Electrical Inspector
Electrician
Elevator Inspector
Engineering Inspector
Mason
Masonry Helper
Mechanical Inspector
Painter
Parking Enforcement Specialist I and II
Plumber
Plumbing Inspector
Police Fleet Specialist
Police Records Technician
Property Evidence Technician I
Property Evidence Technician II
Police Photographer
Public Safety Specialist
Section 8.11..Uniform Provision. Persons employed in all divisions, including the Public Safety
Communications Unit (PSCU), who are compelled to wear City-issued uniforms shall be provided with six (6)
uniforms.
Lifeguards and full-time pool guards shall be provided with one (1) ca~c,r, sweat suit per year, and a winter
jacket every five (5) years. Six (6) long sleeved/short sleeved ca,,"an shirts or any combination thereof shall be
offered to Lifeguard I, II, Lieutenant, Pool Guard I, II, to further protect them from the dangerous ultra-violet rays.
On a onetime basis only, all regular, ~ull:time Lifeguard I: Lifeguard II and Lif~uard Lieutenants shall be issue4
one (1) pair of dress pants, one (1) Class A shirt and one (1) badge. Lost, damaged or stolen badges shall b~
replaced at the employee's .expense. Worn dress uniforms shall be replaced at the City's expense, but no
soon.er than once per year.
Uniforms shall be issued on the following schedule:
a) All other uniforms (except the Class A dress uniforms for Lifeguards) shall be
delivered to the employees in the month of January of each year.
Sponsorship: In the event that the City enters into an agreement with any outside sponsor concerning uniforms
that may be issued to any employee(s) (but not necessarily all employees)who are in the bargaining unit, thegn
sponsored uniforms may be issued to satisfy the contractual uniform obligations. No additional contract
obligations concerning uniforms, are hereby created and such sponsored uniforms may be discontinued at any
. City.
CWA- 32
a)
Effective at the beginning of the first full health insurance plan year, Or as soon as practicable~
after (and only if) this multi-year Agreement is ratified by both parties, the City shall offer
medical, dental, and life insurance benefit plans to full-time bargaining unit emolovees and
their legal dependents, as set forth in this section la, b and c) during the term of this
Agreement. The City will continue to pay at least fifty, percent 150%1 of the premium cost for
eligible employees and their dependents. The City will offer alternative plans as options for
employees. The City may change insurance carriers and/or the scope and level of benefits in
any plan. The City also may change the percentage of premium cost paid by the City li,e.~
provided that it remains at least 50%! from year to year for any one or more of the optional
plans available, depending upon the scope and level of benefits available in each of th~
optional plans.
b)
The Ci.ty agrees that it will not change the level of benefits during the term of this Agrccment
without first consulting with the Group Insurance Board, or a labor-management advisory
committee created as a substitute for such Board,. such attendance shall not be counte,-I
CWA- 33
against the Union Time .Bank. The designated Union representative moy serve on this
Board/committee for as long as bargaining unit employees participate, exclusively, in the
City's group health insurance plan. In the event that the City materially reduces the scope and
level of benefits in the current base (PPO or HMO) plan then the Union may request post-
implementation impact bargaining.
c)
Employees in the bargaining unit shall be eligible to participate in the City's flexible and
voluntary benefits plans, which may be modified by the .City from time to time. The flexible
and voluntary benefits plans shall be administered by the City.
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CWA- 34
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All administrative costs of the Pension Plan currently funded from the Ci~'s General Fund shall be borne by the
Pension Plan.
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Effective after (and on_ly iff this multi-year Agreement is ratified_ by the CWA unit (but n~
sooner than January. 1. 2006. even if the Agreement ratified before that date), the City will
make the following changes to the GERS pension plan:
Promoted employees may. remain in Cl,a__~sified Plan.
Effective after this multi-year Agreement is ratified, the City will change the pension plan to provide that in a
case where an employee who is thereafter promoted to a position that is in the unclassified pension plan, th,-:.
promoted employee may elect to stay in the classified pension plan
10% Cap on Overtime for Plan Members Hired before February 21, 1. 99~.
Effective after this multi-year Agreement is ratified, the CJ.ty will change the pension plan so .that for those
employees in the General Employee Retirement System who were hired before February 21, 1994,.overtime
included in pensionable earnings received after the effective date will be limited to a maximum of 10% above
the employee's.highest pensionable compensation, jf applicable each year. Upon reaching the 10% maximun.
cap within a fiscal year, any additional overtime earnings in that year shall not be subject to the pension
contribution.
CWA - 35
Two Year Past Service Purchase Option
Effective after this multi-year Agreement is ratified, the Ci..ty will change the pension plan to provide that a
vested employee may purchase up to two years of creditable service under the following terms. An employee
may elect to purchase creditable service under the pension plan for up to two years of any of the following
.types of employment prior to the employee's date of hire by the City, provided that the employee may not
purchase such service credit if the employee has received or will be receiving a pension benefit for the same
period of employment under another retirement plan:
· Active duty military service in.the Armed Forces of the United States or the Coast Guard.
· Full-time employment with another governmental entity,
· Full-time employment in the private s .ector performing the same or very. similar duties the employee.
is performing for. the Ci .ty at the time of his/her election to purchase additional, service
In order to receive such pension service credit, the member shall pay 10% of his/her annual rate of
pensionable earning~....multiplied by the number of years and fractions of a year purchased, up to a total of two
years. The annual rate of pensionable earnings shall be the rate in effect on the date of payment and shall
include the annual amount of overtime pay for those members whose overtime pay is pensionable, Pa.vment
shall be made in a single lump sum tothe pension plan within six months following the date of the member's
election to purchase the additional service, but, in no event later than the last day of employment. At the time
an employee exercises a past service purchase option, the buy back shall be accrued.at the same percentage
~e the employee is accruing at the time of the election. Any accrued.sick leave used to purchase the buy
back will be valued on a one for mo basis, and annual leave on a one for one basis. In addition, any use of
sick or annual leave for buy back purposes shall be deducted from the any final payout of sick or annual leavr:
time at the time. of termination.
Ear _ly Retirement Incentive Plan (ERIP) ·
Effective the latter of ninety (90] days after the effective date of the ordinance or ratification of this multi-year
Agreement, the City Will change the pension plan to provide an ERIP benefit under the following terms.
Members eligible for the ERIP are those who were hired before February 21,1994, whose age on the effective
date is at least 48 (i,e., on or after the member's 48th birthday) or who reach age 48 within 90 days of the
effective date.
CWA - 36
Each employee eligible for the ERIP will be allowed, to retire between the effective date and 90 days thereafter
.by submitting an irrevocable election in writing to the City prior to the effective date. The amount, of the
retirement benefit payable to each member who elects to retire under this ERIP is equal to the pension benefit
accrued by such member at the time of retirement, but with no reduction for early retirement.
Parti'al Lump Sum Distribution
Effective after this multi-year Agreement is ratified, the City will change the pension plan to provide a partial
lump sum distribution benefitunder the following terms. A member who retires under normal retirement (as that
term Js defined by the GERSI shall be allowed to convert 25% of the actuarial value of his/her pension benefit
into a lump sum distribution. For example, if the. normal retirement benefit is equal to $2,000 per month, the
member may either receive $2,000 per month or the combination of $1:500 per month plus a single lump sum
equal to the actuarial value of the other $500.
This lump sum option shall not be available to early retirees, disability retirees, or beneficiaries receiving pre-
retirement death benefits.
The ~ump sum shall be calculated using the same discount rate and mortality rates used in the most recent
Actuarial Valuation Report for the GERS.
Reduction in Member Contributions Upon Reaching Pension Cap
Effective after this multi-year Ag~:eement is ratified, the City will change the pension plan to provide a reduction
in member contributions upon reaching a pension cao under the.following terms. The GERS provides that a
member may not earn a pension that exceeds 80% or 90% (depending on the member's date of hire) of final
average monthly earnings. The 80% cap is attained by members hired on or after February 21,199,4 upon
completion of 26 years and eight months of credited service; the 90% cao is attained by members hired before
.February. 21, 1994 upon completion of 26 years and three months of credited service.
Effective after this multi-year Agreement is ratified, the City will change the pension plan to provide that when ~
member reaches the applicable pension cap, his/her rate of pensionable earnings (including overtime pay if
such overtime pay is pensionable) shall be noted and recorded. Thereafter, such member's contribution to tho
pension plan shall be equal to 10% lfor members hired before February 21, 1994) or 8% (for members hired
on or after February 21, 1994) of pensionable earnings in excess of the recorded amount
CWA- 37
Final Average Monthly Earnings (FAME)
Effective after this multi-year Agreement is ratified, the City will change the pension plan to provide that the
FAME for members hired on or after February21,.. 1994, shall be changed from a three year average to the
average of the highest two years.
Employee Contributions to Pension Plan by Members Hired On or After February 2 i, 1994
Effective after this multi-year Agreement is ratified, the City will change the pension plan to c~rovide that the
contribution by members of GERS hired on or after February 21, 1994 shall be changed from 10% to 8% of
pensionable earnings, prospectively.
One-Time Option for Employees Covered b_v the Ci .ty's 40 IA Plans
Employees hired by the City since February 21,1994 have been allowed to choose participation in either the
GERS or the City's ~,01A Plans. Those who chose to participate in the 401A Plans shall be provided a 0nc
time~ irrevocable option to transfer to the GERS or the merged pension plan if the plan merger has taken Dlac~
by the employee's election date. This option must be exercised and full payment must .be made within six
months after the date that the-City Commission passes on second reading an ordinance amending the GERS to
include this. option, and cost estimates have been provided to employees, but in no event later than the last day
of employment.
Each employee electing this option may receive credited service under the pension plan for the period from the
date such employee entered the 40 lA Plans to the date of transfer.to pension plan, or any part of such period.
In order to receive such service credit, the transferring employee shall pay to the c~ension plan the total of th~:
Ci.ty Contribution Rate plus the Employee Contribution Rate as shown in the following table plus interest at th.--.
annual rate. of 8.5% from the end of each fiscal year through the date of payment. For an employee who.
chooses to purchase less than the full length of his/her 401A Plan participation, the first period of purchase.
shall be for the year ending September 30, 2006, the second shall be for the year ending September 30,
2005, and so on, until the employee purchases as much service as he/she wishes. The employee shall not b,~
permitted to pick and choose those years that result in the lowest purchase amount; the purchase must be made
i.n the order from latest to earliest.
n
CWA - 38
9/30/94
9/30/95
9/30/96
9/30/97
9/30/98
9/30/99
9/30/01
9/30/04
9/30/O5
9/30/06
9.59%
14.77%
22.62%
20.45%
13.46%
5.19%
0.00%
0.00%
O.00%
0.00%
7.97%
13.41%
15.35%
10.00%
10.00%
! 0.00%
!,0.00%
1 O.OO%
10.00%
10.00%
!0.00%
10.00%
10.00%
10.00%
10.00%
10.0O%
1.608
! .404
!.215
1.042
0.882
0.734
0.599
0.473
O.358
0.252
0.153
0.063
0.000
* 6/30/06 is used only as an example of the date of payment. Actual payment
dates will vary.
Amount of interest for each year is equal to {pensionable earnings) x {%)
x (factor).
Each employee electing this option may saris .fy the purchase requirement by transferring balances from his/he,'
401A account or from other funds to the pension plan. The City will change the pension .plan to
rollovers or direct transfers into pension plan from other eligible plans, including 401A plans, to pay for thru.
purchase of past service as provided in this section, to the extent allowed by law and the plan from which
funds are rolled over or transferred. Any loans outstanding in the 401A Plans shall continue to be paid unde,
the same terms and conditions as in effect at date of transfer. No loans shall be available from the pension
CWA - 39
Upon satisfactory payment_, employees shall receive credited service under the pension plan back to the date
when the employee entered the ,401A Plans or to such later date covered by the purchase.
Amounts transferred to the pension plan shall be considered accumulated member contributions as that term is
defined by the pension plan. As a result, employees shall be 100%.vested in such amounts.
For employees who remain in the ~,01 A, both the employee and the City contributions shall be reduced to 8%.
This decision shall be irrevocable and must be made within six months after the date that the City Commission
passes a second reading on the ordinance amending the GERS to include this option.
All participants in the .GERS plan may. also elect to participate in an optional, voluntary employee funded 401A
plan.
Reduction in Vesting Requirement for Employees Hired On or After February 21, 1994
Effective after this multiyear agreement is ratified, the City will change the pension plan to provide that th~
minimum vesting.requirement for pension plan members hired on or after February 21, 1994 shall be changed
from 10 years to.5 years of service.
Reduction in Normal Retirement Age for Employees Hired On or After February 2 I, 199~
Effective after this multiyear agreement is ratified, the City will. change the pension plan to provide that th~
normal retirement age for pension plan members hired on or after February 21, 1994 shall be changed from
age 60 to age 55.
Other ReqUirements and Conditions
In order to be eligible for each of the above pension benefits, each employee must be actively employed on thn
effective date of the benefit and must thereafter retire. All of the foregoing pension changes shall apply
prospectively: not retroactively. Furthermc~re, none of the above pension changes will be made unless
multi-year Agreement is ratified by the CWA membership. The pension benefit changes in this Agreement arc,
contingent on the ratification by the CWA membership and the City Commission of a multi-year Agreement (as
proposed by the Ci .fy). In the event the multi-year Agreement is. ratified, the lawsuit filed regarding the GERS
pension plan styled as McKinnon et al vs. City of Miami Beach and the GERS (shall be dismissed wi[h
prejudice in exchange for the proposed changes to the pension plan benefits as set forth in this Agreement)
rovisions of the GERS plan not specifically addressed in this Agreement shall remain unchanged
CWA- 40 ~
Retiree Health Insurance
a) Effective upon ratification of this multi-year Agreement, the parties agree that any bargaining unit member
who previously., elected or who elects to participate in the 401-A retirement program (in lieu of
participating Jn the City's pension plan) shall be required to work at least ten (10) years before becoming
eligible for any retiree health benefits from the City.
b)
Effective upon. ratification of this multi-year Agreement, the parties agree that any bargaining unit .member
who is eligible for. retiree health benefits from the City must make a one time irrevocable election to
continue receipt of health benefits via the City's plan at the time that the employee terminates City
emplo.vment. The parties also agree that if a member initially elects to continue under City health
insurance, but thereafter discontinues or is discontinued from .such coverage, then the retiree may resume
coverage only at thei.r own expense, without any employer contribution whatsoever
c)
Employees hired, on or after this Agreement is ratified, will be entitled to a City contribution against tho
cost of continued health insurance coverage in the City's health insurance plan after retirement (or
separation) from City employment, as set forth in this section. Any employee hired on or after this
Agreement. is ratified, who then remains employed until reaching eligibility for normal retirement, and
who elects to continue insurance coverage under the City's health plan, shall upon receipt of normal
retirement benefit~ also receive an additional separate supplemental monthly stipend payment in the initial
amount of $10.00 per year of credited service, up to a maximum of $250.00 per month until age 65j
and $5.00 per year of credited service up to a maximum of $125.00 per month thereafter. There shall b~.
no other City contribution toward the cost of continued health insurance coverage for such employee~ an?
this benefit shall be paid only during the life of the retiree
Section 8,14. Vacation Benefits. Consistent with applicable ordinances, the vacation benefits enjoyed
presently by the employees covered by this Agreement shall continue.
.Section 8. ! 5. Sick and Vacation Le-,_ve
a)
b)
Employees shall be entitled to twelve paid days a year due to illness for themselves or family
members.
The present policy concerning sick leave, including the policy for payment of accrued sick
and vacation time combined, up to a maximum of one year's salary, upon termination,
retirement, or death, shall continue for all employees hired before October 1, 1978.
CWA - 41
c)
All employees hired after October 1, 1978 shall, under applicable ordinances, rules, and'
regulations shall be allowed to accrue no more than 360 vacation hours in accordance with
provisions for postponement of vacation leave as set forth in Article 16, Section 3 (b), of this
Agreement; be permitted to transfer sick leave in excess of 360 hours to vacation leave at the
rate of two days' sick leave to one day vacation leave to be used in the pay period year
when transferred; be permitted a maximum payment at time of termination, death, or
retirement of 480 hours' vacation leave and one half of sick leave to a maximum of 600
hours.
(1)
A post October 1, 1978 employee who retires between April 8, 2002 and April 30,
2002, shall be entitled to termination payout of one-half (1/2) of accrued sick leave
up to a maximum payout of four hundred and eighty (480) hours.
(2)
A post October 1, 1978 employee, who retires on or after April 30, 2002, shall be
entitled to termination payout of one-half (1/2) of his accrued sick leave up to a
maximum payout of six hundred (600) hours.
Section 8.16. Sick and Vacation Leave Accrual and Maximum Payment on Termination: The
present policy concerning sick leave, including the policy for payment of accrued sick and vacation time
combined, up to a maximum of one year's salary, upon termination, retirement, or death, shall continue for all
employees hired before October 1, 1.978.
All employees covered by the agreement and hired after October 1, 1978 shall, under applicable ordinances,
rules and regulations: shall be allowed to accumulate no more than 360 hours of vacation leave except in
accordance with provision for postponement of vacation leave; be permitted to transfer sick leave in excess of
360 hours to vacation leave at the rate of two (2) days of sick leave to one (1) day vacation leave to be used
in the pay period year when transferred, be permitted a maximum payment time at termination, death, or
retirement of 480 hours vacation leave and one-half of sick leave to a maximum of 600 hours.
See schedule of implementation below:
·
A post October 1, 1978 employee who retires between April 8, 2002 and April 30, 2002,
shall be entitled to termination payout of one-half (1/2) of his/her accrued sick leave up to a
maximum payout of four hundred and eighty (480) hours.
CWA- 42
,
.
A post 1978 employee who retires on or after April 30, 2002, shall be entitled to a
termination payOut of one-half (Y2) of his/her accrued sick leave up to a maximum payout of
600 hours.
Effective January 1,2002, the "Must Use" accrual on vacation will be raised to 360 hours.
Section 8.17. Public Safety.
Public Sa.fety Communications Unit (PSCUI ~--': ...... :,,~ ,L ...... z ,,- ........ :_-, ~_,, .... :__
ili~ ~IG ~11 .111~11 ililg ~IgGIIIGIli Ig i~illlG~ ~7 II1~ ~li7,
1)
persons hired into the classification of Dispatcher Trainee a+-StepA will receive a 3% increase
advencect te--S~h~3fter six (6) months of satisfactory service;
2)¸
upon being certified by the Police Chief as being fully qualified to dispatch both Police and
Fire calls, a Dispatcher will receive a three percent (3%! increase (in lieu of the prior one-step
increase) c, ~nc-~tep ~r,¢rec,~e while assigned to PSCU. The City can require employees to
dispatch both Police and Fire calls. However, an employee hired before September of 1995
who is not already trained in both police and fire calls as of the April 8, 2002, can continue
to dispatch either fire or police calls;
3)
Dispatchers, Communication Operators, and Complaint Operator II's who are designated as
certified training officers shall receive one dollar per hour for all hours worked in a training
capacity. Ail employees who express an interest and whose last performance evaluation was
satisfactory shall be considered eligible for certification as a CTO. Generally, an employee
without CTO certification shall not be required to perform in a training capacity unless a CTO
is not available. However, if a Non-CTO is mandated to train, he/she will also receive the
tip d ~'-:-
s en .... ,o rc,;'~;[c,n .,,,,~,, ,., .... ~.,,,~ ....~,,,, ,.,, ,.,.,,.,._.
Se~.'on 8.18 Step and Longevity Incre~__~se~ for Li ~fe~,~uard I, Li _fe~,=uard II and Li _fe~uar~
Lieutenant only
a)
b)
Starting Salary - New employees will start at the minimum step of the pay range.
First (1 ") Step Increase -Newly hired employees shall receive a step increase after satisfactory
CWA - 43
completion of the probationary period.
c)
Anniversary Date Increase - Step increases shall become effective on the payroll period
commencing on the employee's anniversary date. A step increase shall be awarded based
upon the employee receiving a satisfactory 50 merit evaluation during that rating period.
Anniversary date shall be defined as the date that an employee completes probation or the
effective date when promoted to a higher classification.
d)
Longevity Pay- Longevity increases shall become effective on the payroll period commencing
on the employee's date of hire. Longevity Pay- Longevity shall be calculated by multiplying
the employees' earnings (as defined in arbitration decision FMCS 03-O4117 by'arbitrator
Robert Huffman) at the end of each pay period by the percentage of longevity pay as
determined by years of service per the following table:
Completed Years of Service * Percentage Increase
7 Years 2.5%
10 Years 5.0%
15 Years 7.5%
20 Years 10.0%
25 Years 11.0%
* This does not include time taken as unpaid leave.
........ t,,~ ~, ............................. t..' ..... ...,, 02.
Section 8.19 - Promotional Salary. for Lifeguard I. Lifegu_-,rd II and Li ~f,~_~uard Lieutenant onl'z'
a)
if the employee's rate of pay in the classification from which he/she was promoted is;
less than the minimum rate for their new promotional classification, he/she shall
receive the starting salary for the promotional classification.
CWA - 44
2)
more than the minimum rate for their new promotional classification, he/she shall
receive a one step salary increase.
3)
In addition, employees will receive a merit payment equal to a percent of their current
step. The merit payment will be calculated by the months that have elapsed from the
last merit increase divided by 12. This percentage will be multiplied by the
employee's current step. This amount is a merit payment· not a merit increase. If the
promotion occurs within a month before the employee's anniversary date, then the
employee will receive two (2) steps provided the employee has a satisfactory
performance evaluation. If an employee gets the two (2) steps, then he/she will not
get the merit payment.
b)
The date of promotion shall establish a new anniversary date for future step increases within
the pay range for the promotional classification.
c)
If an employee does not satisfactorily complete a .promotional probationary period he/she is
returned to his/her regular rate of pay before the promotion.
SeCtion 8.20., Perfect Attendance Bonus. Employees who perform the full scope of their regularly
assigned classification for each fiscal year shall receive a lump sum bonus of $300.00 (non-pensionable
earnings) provided that they have not used sick leave or been absent for any reason that was not authorized at
least 48 hours in advance. An employee will also be allowed two (2) incidents of tardiness and one (1)
emergency vacation. Employees out on ISC will not be eligible for the perfect attendance bonus.
Religious/Sick and Bereavement/Sick shall not be counted against employees under this section. The first
period will be October 1, 2001 to September 30, 2002.
Section 8.21 Lead Person. An employee in the Carpenter, Electrician, Painter· Plumber, and Air
Conditioning Mechanic, positions in the Property Management Division will receive a five percent (5%)
supplement for Lead pay if the following conditions are met:
a)
The employee is in charge of a construction proiect,
CWA- 45
b)
c)
d)
The construction project consists of four (4) or more employees,
The Lead Person will have three (3) years of experience in his/her position with the City of
Miami Beach,
The Lead Person will have most recent three (3) years of performance appraisals of 75 or
above.
?L: ...... :.:-- .L--II
iillg ~,/l~.,ylgl~.~ll gll~l.dll
Section 8.22. Union Conventions. ~'---:-'--' ..,.',L ,L_ r:~,. ~ ....... [ D..~.
IIU1~41 --
......................... ~ ............ t Two (2) delegates of the
Union will be granted a leave of absence with pay, not to exceed two (2) weeks in any one year, for the
purpose of attending State and International conventions. The Union will provide the City with the name(s) of
the delegate(s) and provide the dates and locations of any such conventions for which a leave of absence is
requested six (6) weeks in advanCe of the convention so that the department can make appropriate
arrangements TL*. ...... :.:---- .L_. ,-_ _rz__.: ..... ^_.:~ o ",nn') This time shall not be deducted from the
Union time bank.
Section 8.23. Orientation. The union shall have the right to send two of the four designated one-f-I-} Union
representative_s, authorized with pay pursuant to the Union Time Bank for time he/she would have otherwise
been working to altend and participate in new employee orientation conducted by Human Resources where
bargaining unit members are present.
Section 8.24. Educational Leave and Tuition Refund. The City's tuition refund program shall be
continued for the term of this Agreement.
Section 8.25 .Property_ Management- Ucense(s) Maintenanc,-- (Required continuing
education/certification for current position) Employees in the Property Management DiVision who in order to
maintain their licenses as required in their job descriptions, and have to attend continuing education classes
shall be paid their straight hourly wages for all required hours up to 20 hours a year: provided that no
additional pay shall be made to the employees if the training is provided by the City during regular work hours.
Any hours spent attending training under this section shall count as hours worked. ~'L: ...... :':-- '~-' be
911~l~m'll~r~ '*"/11 ~'--~1~111 ~"~i
Section 8,26. EMT Certification Pay. Lifeguard I, Lifeguard I1, Lifeguard Lieutenants, and Full-time Pool
Guards who attain and maintain the Emergency Medical Technician (EMI'} certificate given by the State of
Florida shall receive a five percent (5°/°) pay increase. TL:. ..... pra;-k4an.,~,,,.,,'L-II ~L--
~,,,/,
nl,,~ i ti
CWA- 46
ARTICLE 9
GENERAL PROVISIONS
Section 9.1 Discrimination. - In accordance with applicable federal, state, and local law, the City and the
Union agree not to discriminate against any employee on the basis of race, creed, color, religion, disability,
sex, national origin, age, sexual orientation, marital status or political beliefs.
Section 9.2 Meetings Beh~een Parties. - At the reasonable request of either party, the Union President,
or his/her representative, and the City Manager's designee for Labor Relations, or his/her representative, shall
meet at a mutually agreed time and place to discuss matters of concern. Whenever time permits, the party
requesting the meeting shall submit written notice of the subject matter to be discussed. Such notice shall be
submitted one week in advance of the proposed meeting date. Whenever the Union President, or his/her
representative, makes suggestions or recommendations to the City Manager, or his/her repi'e~,tat~;-a designee
for Labor. Relations, specifically concerning productivity of job safety, the City Manager, or his/her
r~p;~,:c,t~;-e designee for Labor Relations, will respond as appropriate.
Section 9.3 Reduction in Work Force. - When there is a reduction in the work force, employees will be
laid off in accordance with their length of service and their ability to perform the work available. When two or
more employees have similar ability, the employee with the least amount of service will be the first one to be
laid off.
Section 9.4 Work Rules. - The City will provide the Union with a copy of any written rules that are instituted
or modified during the term of this Agreement affecting employees in the bargaining unit. In the event the City
desires to alter, amend, or modify existing written work rules, or promulgate new written work rules, the
proposed changes will be submitted for review to a joint labor/management committee. The City shall have
two (2) representatives and the Union shall have two (2) representatives on this committee, which will make
recommendations to the City Manager. The proposed changes shall not become effective until a final decision
of the City Manager has been rendered.. No Personnel Rule, Work Rule or any other rule, or application
thereof shall in any manner conflict with any provisions of this agreement, and such rules shall be reasonable.
Section 9.5 Probationary_ Employees. - A probationary employee who is dismissed without cause shall
have the right to discuss with the appointing officer the reasons for such dismissal at a mutually agreed to time.
Following Such meeting, a probationary employee, if he/she so desires, shall have the right to further review the
uch dismissal with the City Manager or his/her designated ;'ep~-esen,~,~:ve designee for Labor
CWA - 47
Relations at a mutually agreed to time. It is expressly understood, however, that the appointing officer retains
the eXClusive discretion with respect to the retention or dismissal of probationary employees.
Periods of absence shall cause the probationary period to be extended for an equal amount of time. At the
request of the appointing authority, the Human Resources Director may extend the probationary period for up to
three (3) additional months provided that the reasons for extension are given to the employee in advance of the
expiration of the initial probationary period. The City acknowledges the importance of giving timely
performance appraisals and feedback to probationary employees.
Section 9.6 "Temporary. Employees". - The City shall have the unrestricted right to hire up to one
hundred !1. 001. ~,_:~.,,,,,,~, t""~'~r~ "temporary" employees in any rathe bargaining unit pc,~t~,, provided they are not
hired at the detriment of the bargaining unit employees.
The number of temporary employees working in each Division shall not exceed 50% of the number of position-~
in that Division.
Temporary employees being utilized to fill in on short-term vacancies shall not be considered as a detriment to
the bargaining unit's employees. Such "temporary" employees shall be paid at rates set in the sole discretion of
management and a "temporary" employee's employment service may not exceed one (1) continuous year at
any one time.
"Temporary" employees may not work in a classification wherein a permanent Civil Service employee is laid
off. The Human Resources Department ~ shall send the Union a report of "temporary" hires on a monthly
basis. "Temporary" employees shall not be covered by Civil Service or Personnel Board Rules, and they shall
serve at the will of their employer without right of appeal or access to the grievance procedure contained
herein, and they shall not receive any fringe benefits or pension benefits. Terminated "temporary" employees
may be re-hired if their separation is under honorable circumstances.
Regarding the implementation of the one hundred (1
,,,,~ ...... x ~,,,.,~ _temporary positions, it is understood that
those positions were not limited to, but could be used to develop a cadre of employees who, on short notice,
could serve as backup for regular employees or for such things as vacancies caused by absences due to
maternity, military leave, sick leave, off-duty injury, on-duty injury, and work overload. The examples cited
herein are not meant to be all inclusive.
CWA- 48
It is further recognized that employees who retire "in good standing" who may be interested in working on a
temporary, part-time basis, and should temporary work become available, the retired employees will have the
opportunity to make application for one of the temporary positions. Such part-time positions shall not be
covered by Civil Service rules or regulations, will have no fringe or pension benefits, and the salary shall be at
a rate determined by the City. Further, the temporary employees shall not have a choice of picking schedules,
but will be assigned by the City's management on an as needed, when needed, basis.
Section 9.7 Political Activities of Employees. - Except as provided by State law and City of Miami
Beach Personnel Rule 1, (b), the City shall not make, adopt or enforce any rule, regulation or policy;
a)
Forbidding or preventing employees from engaging or participating in politics or from
becoming candidates for public office;
Controlling or directing or tending to control or direct the political activities or
affiliations of employees.
It is understood that no political activities may be conducted by unit members during the employee's scheduled
work day.
Those employees issued such equipment will be responsible for such safety equipment, and any loss or damage
due to the neglect of the employee may require the employee to pay for the replacement of said City-issued
equipment.
Section 9.8 Safe~,. - The City agrees to provide, at no cost to the employee, any appropriate safety
equipment required to be worn or otherwise utilized by the employee. This shall include such items as hard
hats, gloves, etc. Those employees issued such equipment will be responsible for such Safety equipment, and
any loss or damage due to the neglect of the employee may require the employee to pay for the replacement of
said City-issued equipment.
a)
The City agrees .to provide, upon request, up-to-date, non-glare screens for computer
terminals.
b)
The City shall evaluate and provide, upon request, a wrist rest, which will help
alleviate the stress upon the hands and arms of those employees performing repetitive
motion, to all persons who type more than 50% of their workday.
CWA - 49
The City shall provide in each lifeguard stand a modem voice amplifier (bullhorn) to
be used in providing safety.
d)
The City will agree to provide safety training to all Parking Enforcement employees as
deemed appropriate by the City and Union.
The Union is encouraged to have its members volunteer to serve on the Department
Safety Committees that are being organized in each City Department. The
bargaining unit member serving on the City's Safety Committees will not suffer any
loss of benefits or wages for attendance at regularly scheduled meetings during
regular scheduled work time. No overtime will be paid for attendance at such
meetings.
If there is a central, Citywide Safety Committee, the Union's President may be a
member if he/she so requests.
g)
Upon request by an employee, Risk Management shall audit the employees' work
environment for correct ergonomic functionality and shall make reasonable and
appropriate corrections.
Section 9.9 Parldng. - The City shall provide seventeen (17) parking spaces at a lot comparable to Lot 11
for the exclusive use of on-duty Lifeguards. Such parking spaces shall be clearly marked. This Section may
become moot Jf the Lifeguards are able to work out a reporting 'system that would allow them to proceed
directly by their private vehicles to their respective lifeguard stands.
Section 9.10 Glasses and Hats. - The City agrees to reimburse Lifeguards and Pool Guards I and II for the
purchase and/or repair of sunglasses up to a maximum allowable reimbursement of $60.00 per employee in
each fiscal year.
In order to be reimbursed, the employee must request a reimbursement, in writing, and attach a store receipt
reflecting such purchase and/or repair.
lql'~.'~,l i '4MIIBIIIJ~I I--Ili%./I~M~iii,iG. iii '~.d/Jk/~a%Ml'l~,lllOldO ~ldll'~4 1%,,J~lnl, lll~J /¥1GII~a~I IG%,.'lllil~,d'lqJldllO y1/rll%,dV Ik~lgTiMI IV JvLlill/llrMIIW~igl~i: qt~dll
CWA- 50
Section 9.1 1 Notification in the Event of Transfer or Contracting Out. - When the City
contemplates entering into a contract with an outside supplier or service agency to perform services presently
being performed by the Bargaining Unit employees and such contract shall result in the lay-off of any
bargaining unit e..mplayee, the City agrees that it will, upon written request, ",~'i;~;~ f~,'~ ~, ,.,~ ,.,,.,~, .... ~. ..... ,~,, meet
and discuss with the representatives of the Union,.,,.,,,,t'-'c ,t._,,,~ ,.,~,~,o,~,,J--:*:-- .,,., .... ,.,,.,,,,,,.,,~,"--' ~,,,,.,--'~ the effect of such contract
upon members of the Bargaining Unit. e.._L -,: ...... : ...... :" :--"'J ...... : ..... ~ ---~'":' -~--- 5y
................ , ......................r~ny ¢¢,~t ..... ~, ........ :ha
~111,~ ~,411~ ~1'IIII ~,~,~,~UI ~11~,~1 I~1, II1~ ~l~llilgll UI a~l~,~ll U ~,~UIIII~,iI~,~Ii I IV ~,,~11111~1 ill~,ltli ~ 9111~1~ III1~,~ ~,~11111111~ ~11,~
~.L- I I-:-- L ......~:-:---&-..J: ..... .J l.-:,~L _1: ...... :__ Al' --II &L-: ........ I--~--J '-A ~.LA --IA--:.:--_ & .... ~-----~ ----J
II1~ ~111~11 I1~,~I~ ~1~i IIl~,~l~,~l&~ Ill ~i ~,~lq~l i11~11111 ~,4h,~,,~l~,ll~,i~,~l i ',~1 ~,111 II1~ I~1~,~I~1~;0 I I~1~,~i1~,~%,1 I~,,~ II1~ ~,~,4~1,~11~111 I~1 ~illl~l~k,~l ~,~11~1~ I1~1~I
If the City enters into such a Contract and, as a result thereof, an employee will be laid off, the City agrees to
pi .L--II L- --&:&l--I &A 1':_..~. .... -'--JA.--&:A-- L.. &L ·
ask the Contractor to orovide first consideration for such em oyee ..................... o ................
,- ........ ,.,r For any available work.
In the event that the employee is not employed by the Contractor, the City will offer such employee another
available job with the City, if there is a budgeted vacancy and the employee affected by the subcontracting is
qualified to perform. Questions of qualification to perform the job duties shall be decided in the sole discretion
of the Human Resources Director.
If there are no jobs available, the Reduction in Force provision contained in this Agreement shall apply,
provided that such laid-off employee shall be recalled to work before the City hires new, permanent employee
to perform the work of the classification held by the employee at the time of the layoff.
This recall right shall exist for up to the individual's total service time with the City, but not to exceed two (2)
years after the date of the person's layoff date, but such recall right shall cease as of two (2) years after layoff,
or if the employee does not return to work as scheduled if he/she is offered a recall notice prior to the two (2)
years.
It shall be the responsibility of the laid-off employee to notify the Human Resources Department when technical
skills, training, and experience have been enhanced during the lay-off period, which may allow the individual
another bargaining unit job with the City.
·
CWA - 51
Nothing in this Section will be construed to limit the Union's right to bargain concerning the identified impact or
effects of subcontracting out or transferring upon Bargaining Unit members.
Section 9.12 Stress Reduction/Police Departments Public Safety Communications Unit- Those
employees covered by this Agreement who work in the Miami Beach Police Department Communications Unit,
will be given a stress reduction training program provided by the City. Such stress training will be a one-day
stress seminar as given to sworn officers.
Section 9.13. Bulletin Boards - The Union may, at its own expense, place a bulletin board in each
department, not to exceed approximately three feet by two feet (3' x 2') in size. The Bulletin Boards shall be
used for posting the following notices only:
a)
b)
c)
d)
e)
Notices of Union Meetings.
Notices of Union Elections.
Reports of Union Committees.
Recreational and Social Affairs of the Union.
Any material of informational nature related to CWA.
Prior to posting, the material as described above shall be signed by an elected officer of the Union and
submitted to ~'" ^--:-*--~ "':" - hA ...... /,,',~,..
'"'U'" .... ,.,~-,,/-..,,y Manaaer's desianee for Labor Relations, c,; L.../,___ .~_.: ....
&i Ig ~q~'igi~lt II v -- I IlO/ I ICl T, dggl~l I~-~i for
signature.
Materials, notices or announcements which contain anything political or controversial that might reflect upon the
City, any of its employees, or any other labor organizations among its employees, or any materials, notices, or
announcements which violate any of the provisions of this Section, shall not be posted.
Any materials that are posted which are not in conformance with this Section may be removed at the discretion
of the City.
Section 9.14 Seniority
a)
Definition: Seniority, for purposes of application of this Agreement except as otherwise
stated, is an employee's length of regular, full-time, continuous service with the City.
CWA- 52
b)
When vacations are scheduled, permanent vacancies or shifts are filled, promotions are made
to a position within the bargaining unit, seniority shall apply when all other factors are equal.
Seniority will not apply in an emergency situation.
d) Seniority within classification shall apply for the following classifications:
Crime Scene Technician I
Crime Scene Technician !1
Parking Enforcement Specialist I
Parking Enforcement Specialist II
Property Evidence Technician I
Properly Evidence Technician II
Parking Meter Technician I
Parking Meter Technician il
Public Safety Specialist
e)
In the event of same day hiring or promotion, seniority rank in the position shall be determined
in the order of standing on the eligibility list.
Section 9.15. Shaes. -
Safety. Shoes-Employees in the following job classifications will be required to wear safety shoes
during all working hours. Once each year during the term of this Agreement, a safety shoe
reimbursement for up to sixty dollars ($60.00) will be provided to the employees in the following job
classifications for the purchase of safety shoes. Safety shoes must meet the ANSI Z4 Federal Safety
Standards.
B)
Reporting to work without the required safely shoes shall result in the emploYee being sent home
without pay, immediately, for the balance of the day and may result in disciplinary action.
Air Conditioning Mechanic
Building Inspector
Carpenter
Carpenter I!
Coin Room Money Handler
Electrical Inspector
Electrician
Elevator Inspector
Engineering Assistant I, II, III
Mason
Masonry Helper
Mechanical Inspector
Painter
Parking Meter Technician I, II
Plumber
Plumber Inspector
.Uniform Sh~es-Those employees in the following job classifications not already issued, shoes will be
reimbursed sixty dollars ($60.00) a year to purchase uniform shoes.
CWA- 53
Code Compliance Administrator
Communications Operator
Complaint Operator II
Crime Scene Technician 1
Crime Scene Technician II
Code Compliance Officer I & !1
Dispatcher
Dispatcher Trainee
Parking Enforcement Specialist !
Parking Enforcement Specialist II
Property Evidence Technician I
Property Evidence Technician !!
Public Safely Specialist.
Reporting to work without the required uniform shoes shall result in the employee being sent home without pay,
immediately, for the balance of the day and may result in disciplinary action.
IIi1,~ I./i~,/~/I,/1¥11 ,~711~111 i./g gllf;/~,~ll~g ¥11 nl./I II uI ,i.,vvL,
Section 9,16 Labor/Management Committee. - There shall be a four (4) member labor/management
committee with two (2) members each appointed by the CWA President and the City Manager. The committee
shall meet at mutually agreed times to discuss matters of common interest such as critical incident debriefing,
absenteeism control, etc. The labor/management committee is not a forum for collective bargaining or
resolving specific grievances. Labor Management Committee meetings s. hall not count again~,t the Union Time
Bank.
Section 9.17, Promotions, -Within 120 days of the date the Agreement is ratified by the City, the
Labor-Management Committee will meet to discuss selection procedures relative to promotions of bargaining
unit employees to other bargaining unit positions.
Section 9, i tl, Beach Patrol Promotions, - Prior to the end of calendar year 1998, the parties agree to
meet to discuss Beach Patrol promotion practices for the positions of Lifeguard II and Lifeguard Lieutenant.
Relative to that issue, the parties agree as follows:
1)
2)
.3)
4)
Eligible applicants for promotional exams shall be given a written and an oral examination.
Applicants must pass an ocean swim test under reasonably common conditions. Conduct of
the swim test shall be monitored by Human Resources.
Applicants must have received at least a satisfactory evaluation in each element of their most
recent performance review to be eligible to take the promotional examination.
The written tests shall be developed under the direction of Human Resources. The reading list
for examination materials from which .the questions are drawn will be set by the Human
Resources Director after consultation with the Department Director and the Union. Any reading
lists will be posted at least thirty (30) days prior to the administration of such tests. A copy of
CWA - 54
5)
6)
an examinee's graded answer sheet shall be furnished to the examinee upon completion of the
grading, if requested. All challenges of questions on the written tests must be made in writing
to the Human Resources Director within two (2) working days of the testing dates and he/she
shall conclusively decide the challenge.
For the oral tests, questions shall be iob related and evaluators shall use common criteria to
assess the quality of candidates' answers and to determine scores. Final scores on oral
examinations shall be the average of all scores made by evaluators.
Oral test evaluators shall be knowledgeable of the target position, shall include at least one
person who is not a City employee, and shall be selected by Human Resources.
Promotional lists shall expire two (2) years after the posting of the results of a promotional test
or where lists have been combined, two (2) years after the combining of the old and new lists.
CWA- 55
ARTICLE 10
DRUG AND ALCOHOL TESTING
Section 10.1 · The Cilv and the Union recognize the employee substance and alcohol abuse has an adverse
impact on City government, the image of City employees, the general health, welfare and safety of employees,
and to the general public at large. Therefore, it is in the best interest of the parties to negotiate over the subject
of drug., and alcohol testing.
Section 10.2. Using, selling, possessing or being under the influence of drugs or controlled sub. stances while
at work .is. prohibited. Employees are further prohibited from consuming alcohol and drugs on du.ty and/or
abusing alcohol and drugs off duty to the extent that such use and/or abuse tends to have an effect upon the
performance of their job functions..
Section 10.3. The Ci.ty may require any employee to submit to a blood analysis, urine analysis and/or
Breathal.vzer when it has a reasonable suspicion as defined in Florida Statutes ~.0.102 (N! that an employc~
is under the influence of or' using alcohol, drugs or narcotics and/or when an employ~ has caused, contributed
to or been involved in an accident (i.e., automobile or other injury,)
Section 10.4. In the event'a urine specimen is tested as positive, a portion of that sample will be sub!ected to
a second test at the employee's request and at the employee's expense. If the second test is negative, the
employee will be reimbursed by the City.
Section 10.5. For purposes of reasonable belief screening criteria for alcohol in this Article, employees shall
be deemed alcohol impaired if their blood/alcohol level is measured at .04 or above.
Section .10.6. At the conclusion of the drug and alcohol testing, the City may take whatever action, if any, il
deems appropriate, In the event that said action is in the form of discipline, the employee may grieve said
discipline through the contractual grievance/arbitration procedure.
Section 10.7. The parties agree that an employee's refusal to submit ("refusal to submit" includes adulteralin~
a sample or submitting a false sample) to drug or alcohol testing Jn accordance with the provisions of thi.~
Article may. result in disciplina ,ry action being taken against the employee up to and including dismissal
CWA- 56
Section 10.8. Drug/Alcohol Random Testing. It is important to the safety and welfare of employees
and the public that bargaining unit members not be impaired by alcohol while on duty nor use illegal drugs, To
demonstrate the commitment of the City and the Union to this notion, employees in the job classifications listed
below will be subject to random, testing. Employees will be chosen from a blind list by the Human Resources
D.....e.~rtment or its designee. Those employees who have a CDL license and are in the CDL Drug Testing Pool
will not be part of the CWA Drug Testing Pool since the employees who hold a CDL license are already being
randomly tested. Employees in the following job classifications shall be subject to random testing:
Communications Operator and Complaint Operator II
Crime Scene Technician I and !l
Disoatcher and Dispatcher Trainee
Lifeguard I: Lifeguard il and Lifeguard Lieutenant
Police Photographer
Pool Guard I and Pool Guard II
Properl%.Evidence Technician I and Property Evidence Technician II
Public Safety Specialist
Section 10.9. Last Chance Agreement. Employees testing .m:)sitive may be offered the opportunity to
enter into a "Last Chance Agreement" (for a maximum duration of 2 years, except in extenuating circumstances)
to continue their employment. The Agreement shall require participation in a rehabilitation program and such
other requirements as set forth by the City, The City reserves the right to terminate an employee without
providing him/her with a Las. t Chance Agreement. Employees under a Last Chance Agreement who test
positive shall be terminated from employment with the City and this is not grievable under the grievance
procedure. Emoloyees may be given no more than one (1) chance for substance abuse rehabilitation during
employment with the City.
Till Vii IT}I
CWA- 58
ARTICLE 1 1
ENTIRE AGREEMENT
The Union acknowledges that during negotiations resulting in this Agreement, it had the right and opportunity to
make demands and proposals with respect to any and all subjects not removed by law from the area of
collective bargaining and that the complete understanding and agreements arrived at by the parties after
exercise of that right and opportunity are set forth in this Agreement. Therefore, the Union waives the right,
during the term of this Agreement, to bargain collectively with respect to any subject or matter referred to or
covered in this Agreement, and it particularly waives the right to bargain (except impact bargaining) over the
City's exercise or any of its management's rights set forth in Article 6 of this Agreement, e.g., changing work
hour schedule, transferring employees, laying off employees, etc.
This Agreement may be amended by mutual agreement of the parties but any amendments must be in writing
and signed by duly authorized representatives of the parties before it will be effective.
CWA- 59
ARTICLE 12
SAVINGS
If any provisions of this Agreement are subsequently declared by the proper legislative or judicial authority to
be unlawful, unenforceable or not in accordance with applicable statutes or ordinances, all other provisions of
this Agreement shall remain in full force and effect for the duration of this Agreement. Upon issuance of such a
decision or declaration which is not appealed by either party, the parties shall, following a request by either
party, negotiate in good faith on a substitute article, section or portion thereof.
CWA- 60
ARTICLE !3
TERM OF CONTRACT
This agreement shall be become effective upon City Commission approval, and shall remain in effect until the
30th day of September 200-36_. It shall be automatically renewed thereafter from year to year unless either
party shall notify the other in writing sixty (60) days prior to the anniversary date that it desires to modify this
Agreement. in the event such notice is given, negotiations shall begin not later than thirty (30) days prior to the
anniversary date of the Agreement.
CWA - 61
E--xereiseet Executed by the parties hereto on the
day of
,, 200-2-6.
COMMUNICATIONS WORKERS OF AMERICA
CITY OF MIAMI BEACH
By:
Jorge M. Gonzalez
City Manager
By:
Richard McKinnon
Chief Negotiator/CWA President
Approved by vote of the City Commission, December 7, 200-25.
David Dermer
Mayor
ATI'EST:
Robert Parcher
City Clerk
CWA- 62
RATIFICATION
This Agreement was ratified on February 1, 2006 by a majority vote of bargaining unit members represented
by Communications Workers of America (CWA), employed by the City of Miami Beach.
Attesting to the above are CWA Local 3178's Bargaining Team members:
Richard D. McKinnon, President
Joseph Fisher, Vice-President
Phyllis Shamis, Secretary
Victoria Stevens, Treasurer
Jonathan Sinkes,
Warren W. Green
Joseph McManus
CWA - 63
APPENDIX
A
CWA- 64
Exhibit #1
Classification/Compensation Plan
I ClassiflcatJon
Clerk
Coin Room Money Handler
Clerk Typist
Masonry Helper
Account Clerk I
Admin Aide I
Data Entry Clerk
Duplicating Equip Operator
Permit Clerk I
Police Records Technician
Revenue Processor !
Parking Enforcement Spec i
Parking Meter Tech i
Account Clerk I!
Code Compliance Officer I
Meter Analyst
Permit Clerk Il
Property Evidence Tech I
Public Safety Specialist
Revenue Processor !1
Admin Aide II
Admin Secretary
Buyer
Engineering Assistant !
Field Inspector I
Financial Specialist I
Painter
Parking Dispatcher
Account Clerk I11
Admin Asst I
Carpenter I
Communications Operator
Dispatcher Trainee
Mason
Parking Enforcement Spec II
Pa~ing Meter Tech II
Range I Iclassification
H15
H16
H17
H18
H20
H20
H20
H20
H20
H20
H20
H22
H22
H23
H23
H23
H23
H23
H23
H23
H24
H24
H24
H24
H24
H24
H24
H24
H25
H25
H25
H25
H25
H25
H25
H25
Range
Carpenter II
Commission Reporter i
Complaint Operator il
Crime Analysis Specialist
Financial Specialist II
Code Compliance Officer I!
Dispatcher
Engineering Assistant II
Property Evidence Tech II
Commission Reporter II
Financial Specialist III
Plumber
Police Fleet Specialist
Planning Technician
Air Conditioning Mechanic
Electrician
Engineering Assistant III
Field Inspector II
Crime Scene Technician I
Police Photographer
Code Compliance Admin.
Crime Scene Technician II
Building Inspector
Electrical Inspector
Elevator Inspector
Engineering Inspector
Mechanical Inspector
Plumbing Inspector
Pool Guard I
Pool Guard !1
Lifeguard I
Lifeguard II
Lifeguard Lt.
H26
H26
H26
H26
H26
H27
H27
H27
H27
H28
H28
H28
H28
H2g
H30
H30
H30
H30
H31
H31
H34
H34
H34
H34
H34
H34
H34
H34
H50
H52
H52
H56
H58
CWA- 65
H15
H16
H17
H18
H19
H20
H21
H22
H23
H24
H25
H26
H27
H28
H29
H30
Exhibit #2a
Fiscal Year 200312004
Classification/Compensation Plan
(Effective in the 1st pay period ending in October 2003)
iin I I I I I
Annual
Annual
Annual
Annual
Annual
Annual
Annual
Annual
Annual
Annual
Annual
Annual
Annual
Annual
Annual
Annual
$23,766.80 $34,421.42 H31 Annual $38,138.74
$24,479.81 $35,454.06 H32 Annual $39,282.90
$25,214.20 $36,517.68 H33 Annual $40,854.22
$25,970.63 $37,613.21 H34 Annual $42,488.39
$26,749.75 $38,741.61 H35 Annual $44,187.92
$27,552.24 $39,903.86 H36 Annual $45,955.44
$28,378.81 $41,100.97 H37 Annual $47,793.66
$29,230.17 $42,334.00 H50 Annual $30,270.33
$30,107.07 $43,604.02 H51 Annual $31,178.44
$31,010.29 $45,348.18 H52 Annual $32,113.79
$31,940.60 $47,162.11 H53 Annual $33,077.20
$32,898.81 $49,048.60 H54 Annual $34,069.52
$33,885.78 $51,010.54 H55 Annual $35,091.61
$34,902.35 $53,050.96 H57 Annual $37,228.68
$35,949.42 $55,173.00 H59 Annual $41,474.54
$37,027.90 $57,379.92 H60 Annual $43,133.52
Max
$59,675.12
$62,062.12
$64,544.61
$67,126.39
$69,811.45
$72,603.90
$75,508.06
$44,266.10
$46,036.74
$47,878.21
$49,793.34
$51,785.07
$53,856.48
$58,251.16
$63,004.46
$65,524.64
CWA- 66
Range l
H15 Annual
H16 Annual
H17 Annual
H18 Annual
H19 Annual
H20 Annual
H21 Annual
H22 Annual
H23 Annual
H24 Annual
H25 Annual
H26 Annual
H27 Annual
H28 Annual
H29 Annual
H30 Annual
Exhibit ~3a
Fiscal Year 2004/2005
Classification/Compensation Plan
(Effective in the 1st pay period ending in October 2004)
Min I Max I I Range I I Min
$25,192.81 $36,486.70 H31 Annual $40,427.07
$25,948.60 $37,581.30 H32 Annual $41 639.87
$26,727.05 $38,708.74 H33 Annual $43,305.47
$27,528.86 $39,870.01 H34 Annual $45,037.69
$28,354.74 $41,066.11 H35 Annual $46,839.20
$29,205.37 $42,298.09 H36 Annual $48,712.77
$30,081.54 $43,567.03 H37 Annual $50,661.28
$30,983.98 $44,874.04 H50 Annual $32,086.55
$31,913.50 $46,220.26 H51 Annual $33,049.15
$32,870190 $48,069.07 H52 Annual $34,040.62
$33,857.03 $49,991.84 H53
$34,872.74 $51,991.51 H54
$35,918.92 $54,071.17 H55
$36,996.49 $56,234.02 H57
$38,106.39 $58,483.38 H5g
$39,249.58 $60,822.71 H60
Max
$63,255.62
$65,785.85
$68,417.28
$71,153.97
$74,000.13
$76,960.14
$80,038.54
$46,922.06
$48,798.94
$50,750.90
Annual $35,061.83 $52,780.93
Annual $36,113.69 $54,892.18
Annual $37,197.11 $57,087.87
Annual $39,462.40 $61,746.24
Annual $43,963.01 $66,784.72
Annual $45,721.53 $69,456.11
CWA- 68
~ o
LO 0
LO
0
0
0
LO
,r- 0
LO v-
0
0
C~
%....
o 00
coo
Range
H15
H16
H17
H18
H19
H20
H21
H22
H23
H24
H25
H26
H27
H28
H2g
H30
Annual
Annual
Annual
Annual
Annual
Annual
Annual
Annual
Annual
Annual
Annual
Annual
Annual
Annual
Annual
Annual
Exhibit ~
Fiscal Year 2005~2006
Classification/Compensation Plan
(Effective in the 1st pay period ending in October 2005)
M,. I M.x I I.ange I I Min
$26,074.56 $37,763.74 H31 Annual $41,842.01
$26,856.80 $38,896.65 H32 Annual $43,097.27
$27,662.50 $40,063.55 H33 Annual $44,821.16
$28,492.37 $41,265.46 H34 Annual $46,614.01
$29,347.15 $42,503.42 H35 Annual $48,478.57
$30,227.56 $43,778.52 H36 Annual $50,417.71
$31,134.39 $45,091.87 H37 Annual $52,434.42
$32,068.42 $46,444.63 H50 Annual $33,209.58
$33,030.47 $47,837.97 H51 Annual $34,205.87
$34,021.39 $49,751.49 H52 Annual $35,232.04
$35,042.03 $51,741.55 H53 Annual $36,289.00
$36,093.29 $53,811.21 H54 Annual $37,377.67
$37,176.09 $55,963.66 H55 Annual $38,499.01
$38,291.37 $58,202.21 H57 Annual $40,843.58
$39,440.11 $60,530.30 H59 Annual $45,50I .72
$40,623.31 $62,951.51 H60 Annual $47,32t .78
Max
$65,469.57
$68,088.35
$70,811.88
$73,644.36
$76,590.13
$79,653.74
$82,839.89
$48,564.34
$50,506.91
$52,527.18
$54,628.27
$56,813.40
$59,085.94
$63,907.36
$69,122.19
$71,887.07
CWA - 70
~._
0...,- 0'~ ,r- I~ 0 qD C:O
0 ~. ~O ~. ~- 0
0 ~ ~ ~oco o~o
,Ee._..- ~. . o. co. ~. r-..
APPENDIX
B
CWA- 7'2
CITY OF MIAMI BEACH
BARGAINING UNIT GRIEVANCE PROCEDURE FORM
UNION GRIEVANCE #: LABOR RELATIONS GRIEVANCE #:
instruce'ons: Spaces 1-9 should be printed so that the same information appears at all steps. The lower portion is to be completed at each.
1. Bargaining Unit: COMMUNICATIONS WORKERS OF AMERICA (CWA) - LOCAL 3178
2. Date Grievant(s) became aware of the alleged violation(s): I 3. Grievant's Name(s) & Classification(s):
I I
i
4. Grievant's Department/Division & Telephone Ext. ( ): 5. Grievant~s Immediate Supervisor & Telephone Ext. (
,,,
6. Statement/Nature of Grievance:
7. Contract Article(s) Alleged Violated:
8. Suggested Adjustment:
.
Grievant's Si~lnature Date Union Representative's Si~lnature Date
TO BE COMPLETED, SIGNED IN BLUE INK AND PRE-~ENTI:=n AT EACH STEP
=. r,.O 1- RESPONSE (FROM DIVISION TO PRESENTER) Grievance Denied (state why): ' Grievance ResolVed(State how):
,, (si~lnature/title! Date: Received by (Print): Date:
STEP 2 - RESPONSE (FROM DEPARTMENT TO PRESEN ! ER) ~ Grievance Denied (state why): ~ Grievance Resolved (state how):
(signature/title~) , Date' R ' '
~::~ . ~. ........................ ,,~ .............. · ecelved by (Pnnt):
?; : ,:......., :....,.....,-- .:::: .... v. -, · .,. ,~....-., ·. - .. · .... ,~.... ....... · · .' ,.:... '..~ . - : ~ :~.: ...... . .. ... . , . . ..~ . =..~ . 1.
i
~;~i~:~~,~ ~ :,:: :'..~ ". :.:..::' :,: ::'ii:":.::~.~:~:::!.:. ".: ~i,.. i~.'" ':',...:~: ,:" !:':i:;::': "':":':; "'~.':~:-:: .' '"'": ,. ':";: ".';. :' ." i.:.' :' ,:":.. :'.
STEP 3 - RESPONSE - Reply from City Manager's designee/Labor Relations is attached
Date:
CWA - 73
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IdlBIIIIl~'~ll Iii IVl'~ VI rkJIwlvW, mnlkP · · Va~ba'Wl
.
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I',d~lYYWll Ill~ '~ll7 ,rl,dFi /Vll~.dlill Uq~,~%pl%dlil I I%.FI i'ql, d%.dl ~l. lll%d 'q~ld~llllllq.~lll*dld%ldll~llO · V~PljNbGlO q.,d'I *r"%JllGl
I~%ltlA% I .._.J___,.__.J ,LL_& ~.L:. -L_: ......I...J ....... ,L:I:__&:__ --£,[.L- O ....... I C)__..J
illl~ %~llq~P[~,d9 ~dPl~l.d&~ld~,~q~ IIIZ t. Pllll.,lf..~llilVil ~1 lil~ I ~iq,~VIIll~l
CWA- 74
APPENDIX
C
CWA- 75
0
C
0
8
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