HomeMy WebLinkAboutAFSCME LOCAL NO. 1554 Contract
CONTRACT
Between
CITY OF MIAMI BEACH, FLORIDA
and the
AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES, AFSCME LOCAL NO. 1554
May 1,2007 - April 30, 2010
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CONTRACT
TABLE OF CONTENTS
PAGE
WiTNESSETH.................................................................................................................. 1
ARTICLE I RECOGNITION
Section 1.1 Representation.................................................................................... 2
Section 1.2 Bargaining Unit ..................................................................................2
Section 1.3 Communications........................ ....................... ........................... .......3
Section 1.4 Rights of Individuals ............................................................................3
ARTICLE 2
Section 2.1
Section 2.2
ARTICLE 3
Section 3.1
Section 3.2
Section 3.3
ARTICLE 4
Section 4.1
Section 4.2
Section 4.3
Section 4.4
Section 4.5
Section 4.6
Section 4.7
Section 4.8
Section 4.9
Section 4.10
ARTICLE 5
Section 5.1
Section 5.2
ARTICLE 6
ARTICLE 7
Section 7.1
Section 7.2
Section 7.3
Section 7.4
Section 7.5
Section 7.6
DEDUCTION OF UNION DUES
Checkoff............................................................................................ 5
Indemnification.................................................................................. .5
EQUAL EMPLOYMENT OPPORTUNITY
No Discri m i nation............................................................................... 6
Affi rmative Action............................................................................... 6
Examinations...................................................................................... 6
GRIEVANCE PROCEDURE
Definition of Grievance & Time Limit for Filing ........................................7
Grievance Procedure........................................................................... 7
Binding Arbitration............................... ............................................... 9
Authority of Arbitrator.......................................................................... 9
Expenses of Arbitration........................................................................ 9
Election of Remedies............................................................................ 9
Grievances Involving Discipline .......................................................... 10
Un ion Stewa rds ................................................................................ 1 0
Grievance Meetings.............................. ............................................ 11
Union Representation...................................... ............. ............. ......... 11
NO STRIKE OR LOCKOUT
No Stri ke ......................................................................................... 1 2
No Lockout....................................................................................... 1 2
MANAGEMENT RIGHTS................................................................ 13
HOURS OF WORK AND OVERTIME
Purpose ........................................................................................... 1 4
Normal Workday......................... .............................................. ...... 14
Normal Workweek........ ....................................................... ............ 14
Weekly Overtime................................................ ............. ................. 14
Distribution of Overtime Opportunity ................................................... 14
No Pyra mid i ng ................................................................................. 1 5
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TABLE OF CONTENTS (Continued) PAGE
Section 7.7 Paid Leave as Time Worked for the Purpose of Computing Overtime .......... 15
Section 7.8 Rest Periods...................................................................................... 15
Section 7.9 Seventh Consecutive Day of Work...................................................... 15
Section 7.10 Shift Starting Time ............................................................................. 15
Section 7.11 Reporting Pay.................................................................................. 16
Section 7.12 Call-In and Call-Back Pay................................................................... 16
Section 7.13 Work Schedule .......... ...................................................................... 16
Section 7.14 Standby.... .......................................................................................16
ARTICLE 8
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 8.19
Section 8.20
Section 8.21
Section 8.22
ARTICLE 9
Section 9. 1
Section 9.2
Section 9.3
Section 9.4
Section 9.5
Section 9.6
Section 9.7
WAGES AND FRINGE BENEFITS
Wages............................................................................................ 17
Shift Differential.......................................... ...................................... 18
Holidays.......................................................................................... 1 8
Holiday Pay..................................................................................... 1 8
Rate of Pay When Worki ng Out of Classification.................................. 1 9
Un i forms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . ..... . . . . . . . . . . ... . . . . . . . . ... .. . . . . . . . . .. ..20
Safety Shoes..................................................................................... 20
Vacation Benefits............................................................................. 21
Meal Allowance.............................................................................. 22
Jury and Witness Duty ...................................................................... 22
Tool Allowance................................................................................ 22
Bereavement ................................................................................... 23
Pay Periods..................................................................................... 24
Injury Service Connected........... ....................... ................................. 24
Certificates.............................................. ............... ......................... 24
Pay for Hazard Duty......................................................................... 24
Changes in Benefits.................................. ........................................ 25
Pension........................................................................................... 25
Training and Training Programs......................................................... 26
Skill Pay Supplement........................................................................ 26
Health Insurance............................................................................. 27
Essential Personnel (Hurricane Pay) .................................................... 27
SENIORITY
Defi n ition ........................................................................................ 28
Layoffs.. . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . ......... . . . . . . . . . . . ..... . . . . . . . .... . . . . . . . . . . .... 28
Reca lis . . . . . . . . . . . . . . . . . . . . . .. . .. . .. ... ....... .. . .. . . . . . . . . . . . . . . ..... . . . . . .. . .... . . . . . . ..... . .. . .. 28
Break in Seniority.................................... .......................... ............... 29
Seniority Lists................................ ................... ................................ 29
Union Officer Continuation of Duties .................................................. 29
Promotions...................................................................................... 30
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TABLE OF CONTENTS (Continued) PAGE
Section 9.8 Demotions........................................................................................... 30
Section 9.9 Preference for Out of Class Assignments ................................................. 30
Section 9. 1 0 Sh ift Preference.................................................................................... 30
Section 9. 11 Temporary Employees.......................................................................... 31
Section 9. 12 Vacation a nd Emergencies............................................................... 32
ARTICLE 10
Section 10.1
Section 10.2
Section 10.3
Section 10.4
Section 10.5
Section 10.6
Section 10.7
Section 10.8
Section 10.9
Section 10.10
Section 10.11
Section 10.12
Section 10.13
Section 10.14
Section 10.15
Section 10.16
Section 10.17
Section 10.18
Section 10.19
Section 10.20
Section 10.21
Section 10.22
ARTICLE 11
ARTICLE 12
ARTICLE 13
ARTICLE 14
GENERAL PROVISIONS
Work Rules.. ...... ......... ............................................................ ............ 33
Clean-up Time.................................. ............................................. ...... 33
Sa fety . . . .. .. . . .. . .. . .. . .. . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. .. .. . . . . . . . . . .. .. . . . . . . .. .. . . . . . . . . . . .. 33
Safety Shoes ....................................................................................... 34
Safety Equipment........................................................... .......... ...... 34
Emergency Medical Attention........................ ............. ........................... 34
Transportation of Employees.... ............................ ....................... ............35
Transfer............................................................................................... 35
Civic Duty ............................................................................................ 35
Unpaid Leaves..................................................................................... 35
Negotiation Pay................................................................................... 35
Contracting & Subcontracting of Public Works.......................................... 36
Sick & Vacation Leave Accrual & Maximum Payment on Termination .........37
Perfect Attendance Bon us ...................................................................... 37
Changes in Job Specifications & New Classifications .............................. 38
Opportunity for Advancement.......................... ............. ............ ............ 38
Union Conventions.............................................................................. 38
Educational Leave..................................... ........................... ................ 38
Meeti ngs Leave.................................................................................... 38
Union Bulletin Boards ........................................................................... 39
Labor/Management Committee...................... ......................... ....... ...... 39
Me Too and Re-openers ........................................................................ 39
DRUG AND ALCOHOL TESTING
Sections 11.1 - 11.6 ........................................................................... 40
Sections 11.7 - 11.8 ........................................................................... 41
SAViNGS.......................................................................................... 42
ENTIRE CONTRACT........................................................................... 43
TERM OF CONTRACT ............................ ............. ............. ............. 44
EXECUTION ........................................................................................................... 45
ELECTION OF REMEDY FORM............................................................................... 46
APPENDIX: HEARING EXAMINER RULES ..................................................................47
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. CONTRACT
THIS CONTRACT, made and entered into this ~ day of S/?PTen1B&ll- 2006, by
and between the CITY OF MIAMI BEACH, FLORIDA, (herein called the "City"), and the AMERICAN
FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES UNION, LOCAL 1554, (herein
called the "Union").
WITNESSETH:
WHEREAS, this Contract has as its purpose the promotion of harmonious relations between the
City and the Union and the negotiation of wages, hours, and working conditions to be in effect during
the term(s) of this Contract; and
WHEREAS, the rights, obligations, and authority of the parties to this Contract are governed
by and subject to the laws of the State of Florida;
NOW, THEREFORE, the parties agree with each other as follows:
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ARTICLE I
RECOGNITION
Section 1.1. Representation. Pursuant to and in accordance with all applicable provisions of
Chapter 447, Part II of the Florida Statutes, the City recognizes the Union as the exclusive bargaining
representative for all employees included in the bargaining unit of Local 1554, for the purpose of
collective bargaining concerning wages, hours of work and other terms and conditions of
employment.
Section 1.2. Bargaining Unit. The bargaining unit of this local union has been determined by
the Public Employees Relations Commission to be appropriate for the purposes of collective
bargaining. Certificate No. 379 was issued to Local 1554 on January 9, 1978. The bargaining unit
of this local union includes all classifications listed below:
Assistant Pumping Mechanic
Building Supervisor
Central Services Technician
Control Room Operator
Diesel Generator Mechanic
Fire Equipment Mechanic
Fleet Service Writer
Heavy Equipment Operator I and II
Mechanic I, II, and III
Municipal Service Worker I, II, and III
Municipal Service Worker Trainee
Museum Guard
Park Supervisor
Pest Control Supervisor
Pumping Mechanic
Recreation Program Supervisor
Sewer Pipefitter
Sewer Supervisor
Storekeeper I and II
Storekeeper/Mechanic
Stores Clerk
Street Lighting Technician I and II
Street Supervisor
Tree Maintenance Supervisor
Tree Trimmer
Waste Collector
Waste Driver Supervisor
Water Meter Technician I and II
Water Pipefitter
Water Supervisor
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. The parties agree they will file a joint petition to the Public Employees
Relation Commission (PERC) to determine whether the following positions should be in or out of the
bargaining unit: Building Services Technician; Concession Attendant; Recreation Leader I; Recreation
Leader II; and Sign Maker.
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Section 1.3. Communications
a) All official union communications from the City shall be sent to the Union's designated
address, telephone or email. An official AFSCME letter will be provided by AFSCME to notify
the City of these designations.
b) All official City communications from the Union shall be sent to the City Manager's designee
for Labor Relations.
Section 1 .4. Rights of Individuals
a) A union member shall be entitled to Union representation in accordance with the provisions of this
Contract at each and every step of the grievance procedure set forth in this Contract.
b) All references to "employees" in this Contract shall mean both sexes, and where the male gender
is used, it shall be construed to include male and female employees. The City agrees not to
interfere with the rights of employees to become members of the Union and the Union agrees not
to interfere with the rights of employees to refrain from becoming Union members. There shall be
no discrimination, interference, restraint, or coercion by the City against any employee because of
Union membership or Union activity. There shall be no discrimination, interference, restraint,
coercion by the Union against any employee because of non-union membership.
c) 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.
d) During an entrance interview, no prospective new employee who would be covered by this
Agreement shall be questioned concerning his/her feelings, pro or con, toward the Union.
e) Upon reasonable request, an employee or his/her Union representative designated in writing shall
have the right to review his/her personnel file maintained by the Human Resources Department (or
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by the Division) in the presence of an appropriate representative of the Human Resources
Department or Division Management. Employees shall be provided with a copy of any documents
placed in his/her personnel file which adversely reflect on an employee1s work performance. If
requested by the employees, his/her supervisor will discuss the documents with him/her. The
employee shall be allowed to place in his/her personnel file a response of reasonable length to
anything contained therein which the employee deems to be adverse. 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.
~ Nothing contained in this Contract shall abridge the rights of individual employees or the
employer under Florida law.
g) Upon request, Human Resources will provide to the Union President a monthly list of new hires in
bargaining unit positions.
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ARTICLE 2
DEDUCTION OF UNION DUES
Section 2.1. Check oH. 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 Contract to deduct the uniform biweekly Union dues of such employees
from their pay and remit such deductions to Council 79 Business Manager (provided address agreed)
together with a list of the employees from whom deductions were made; provided, however, that such
authorization is revocable at the employee1s will upon thirty (30) days written notice to the City and
the Union. The Union will notify the City thirty (30) days prior to any change in its dues structure.
The Union shall pay, during the term of this Agreement the amount of one hundred dollars ($100.00)
annually as a service charge for implementing and processing the above stated dues deductions. The
Union shall make the payment on or before April 1 of each year of the Agreement.
Section 2.2. Indemnification. The Union agrees to indemnify and hold the City harmless against
any and all claims, suits, orders or judgments brought or issued against the City as a result of any
action taken or not taken by the City under the provision of this Article.
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ARTICLE 3
EQUAL EMPLOYMENT OPPORTUNITY
Section 3.1. No Discrimination. In accordance with applicable Federal and State law, the City
and the Union agree not to discriminate against any employee as defined in federal, state, and
municipal ordinances.
Nothing contained herein shall serve as a barrier for the implementation by the City of any such
personnel actions as deemed necessary to comply with the Americans With Disabilities Act.
The development of job specifications that delineate those duties that are the required, essential tasks
of each job for the purpose of the Americans With Disabilities Act (ADA), shall not be considered
discriminatory or be grievable under the terms of this Contract.
This section does not preclude any bargaining unit employee from pursuing any appeal he/she may
have under the Civil Rights Act.
Section 3.2. AHirmative Action. The parties acknowledge the existence of Federal Guidelines
on voluntary affirmative action programs and the City is committed to the development of an
Affirmative Action Plan in accordance with those guidelines and law. The Union will be provided with
an opportunity to participate in the development of the Plan, and will thereafter assist the City in
achieving any lawful goals set forth in the Plan.
Section 3.3. Examinations. The City is committed to the utilization of fair, job-related
examinations and fairly administering such examinations, however, the subject matter and/or
administration of these examinations shall be subject to the grievance procedure up to Step III of the
grievance procedure of this Contract, however, questions or complaints concerning examinations may
be brought directly to the City Manager's designee for Human Resources.
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ARTICLE 4
GRIEVANCE PROCEDURE
Section 4.1. Definition of Grievance and Time Limit for Filing. A grievance is a dispute
involving the interpretation and application of the express terms of this Contract, excluding matters not
covered by this Contract. The Union acknowledges that the Personnel Board retains the right to make,
enforce, amend, and apply the Personnel Rules and Regulations, and that neither the City, the Union,
nor an arbitrator can control the Personnel Board's exercise of this right. No grievance shall be
entertained or processed unless it is submitted within ten (10) working days after the occurrence of the
event giving rise to the grievance or within ten (10) working days after the employee, through the use
of reasonable diligence, should have obtained knowledge of the occurrence of the event giving rise to
the grievance.
Section 4.2. Grievance Procedure. Grievances shall be processed, individually, as follows:
STEP 1: Any employee who has a grievance (or a steward on the employee's behal~ shall
submit the grievance, on the Grievance Form as provided by the City, to the supervisor
designated for this purpose by the City, and if the employee wishes, he/she shall be
accompanied by his/her Union Steward.
If no settlement is reached, the supervisor shall give the City's written answer within five
(5) working days after such presentation. The Election of Remedy Form as agreed herein
shall be completed and submitted with the Step 1 grievance.
STEP 2: If the grievance is not settled in Step 1 and the employee wishes to appeal the
grievance to Step 2 of the Grievance Procedure, it shall be referred in writing to the
Department Head within three (3) working days after the Supervisor's answer in Step 1
and shall be signed by the employee and/or the Union Steward. The Department Head,
or his/her Representative, shall discuss the grievance within three (3) working days with
the Union Steward at a time mutually agreeable to the parties.
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If no settlement is reached, the Department Head, or his/her Representative, shall give the
City's written answer to the Union within three (3) working days following their meeting.
Grievances processed without the completed, signed Election of Remedy Form attached will
be considered as withdrawn, and will be returned to the Union President or the Grievant(s).
STEP 3: If the grievance is not settled in Step 2 and the Union and/or the employee
desires to appeal, the Union President or his/her designated Representative and/or the
employee shall appeal in writing to the City Manager's designee for Labor Relations,
within three (3) working days after the designated Department Head1s answer in Step 2.
A meeting between the City Manager's designee for Labor Relations, and the Union
Grievance Committee, not to exceed five (5) employees (and/or the employee) shall be
held at a time mutually agreeable to the parties.
If no settlement or a settlement is reached, the City Manager's designee for Labor
Relations shall give the City's written answer to the Union and the employee within five
(5) working days following the meeting.
The Union President or the Chief Steward and the appropriate Department Head may mutually agree
in writing that the first two steps of the grievance procedure set forth above may be bypassed if the
circumstances warrant it.
The City and the Union hereby agree that this procedure and the arbitration procedure set forth in
Section 4.3 shall be the sole and exclusive method for interpreting and enforcing this Agreement,
except in matters over which the City's Personnel Board or Hearing Examiner has jurisdiction (See
Section5 4.6). Except as otherwise provided herein, the Union shall have the exclusive right to
represent all employees and to control the submission of grievances to arbitration. In accordance with
its obligation to fairly represent employees, the Union shall be authorized to withdraw, abandon or
settle any grievance at any time.
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Section 4.3. Binding Arbitration. If the grievance is not resolved in Step 3 of the grievance
procedure, the Union, on behalf of the employee(s) who filed the grievance, may refer the grievance
to binding arbitration within five (5) working days after receipt of the City's answer in Step 3. The
parties shall attempt to agree upon an arbitrator within ten (10) working days after receipt of notice of
referral and in the event the parties are unable to agree upon an arbitrator within said ten (10)
workday period, either or both parties may request the Federal Mediation and Conciliation Service to
submit a panel of five (5) arbitrators. Both the City and the Union shall have the right to strike two
names from the panel. The parties shall alternately strike one name at a time. The remaining person
shall be the arbitrator. The arbitrator shall be notified of his/her selection within five (5) working days
by a joint letter from the parties requesting that he/she advise the parties of his/her availability for a
hearing.
Section 4.4. Authority of Arbitrator. The arbitrator shall have no right to amend, modify,
ignore, add to, or subtract from the provisions of this Contract. He/She shall consider and decide
only the specific issue submitted to him/her in writing by the parties, and shall have no authority to
make a decision on any other issue not so 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 Contract to the facts of the grievance presented. Consistent
with this section, the decision of the arbitrator shall be final and binding.
Section 4.5. Expenses of Arbitration. The fee and expenses of the arbitrator shall be paid by
the party not prevailing in the decision of the arbitrator. If only one party wishes a written transcript, it
shall be the party's sole financial responsibility. If both parties wish the transcript, they shall split the
cost. Each party shall be responsible for compensating its own representative and witnesses.
Section 4.6. Election of Remedies. Disciplinary actions may be grieved under the
grievance/arbitration provisions contained in this Article or to a Hearing Examiner, who shall be
selected by utilizing the procedures outlined in Section 4.3 of this Article. Disciplinary actions that
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may be appealed through the Hearing Examiner process include only removals, suspensions or
demotions. A grievance involving the interpretation or application of this Agreement may be grieved
solely under the grievance/arbitration provisions contained in this Article. Grievances regarding
certain non-disciplinary matters, such as disagreements as to the waiving or application of changes to
personnel rules or other work rules or policies may be filed via the Personnel Board procedures. The
decision of the hearing officer shall be final and binding. The cost of a Hearing Officer shall be paid
by the City. Any proceedings before the Hearing Examiner shall be conducted pursuant to the
attached Hearing Examiner Rules.
Section 4.7 Grievances Involving Discipline. Discipline shall only be for cause but shall not
include informal counseling or oral reprimands that are not written up and placed in the employee's
Personnel file. Written reprimands, suspensions, and dismissals shall be considered discipline. Any
employee who has completed the working test period (probationary period) and who is disciplined
may file a grievance concerning same. Grievances involving disciplinary actions, may be filed at
Step II of the grievance process as set forth in Section 4.2 or, if applicable, through the Hearing
Examiner process as stated in Section 4.6. Written reprimands may only be grieved through Step III
of this procedure. The City will review and consider the length of time of previous reprimands as part
of the progressive discipline process.
Section 4.8. Union Stewards. Union Stewards shall be designated by the Union. The Union
shall be entitled to 1 8 Stewards distributed as follows:
Sanitation
Parks Maintenance
Fleet Management
Water/Sewer
Streets and Streetlights
Property Management
Recreation & Parks Department & Bass Museum
Parking Department
Chief Steward (Police Department)
Fire Support
3
2*
2*
2
1
1
4
1
1
1
* Each at a different location.
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The Chief Steward (or President) shall have the right to function in the absence of any designated
Steward. The Union shall certify in writing to the City the names of the Stewards in each of the
foregoing areas who shall be employed in said area. Stewards shall be permitted during working
hours without loss of pay, to investigate, discuss and process grievances in their respective areas;
provided the following conditions are met: (1) They first secure the permission of the Supervisor
designated by the City for this purpose (such permission shall not be unreasonably denied); (2) The
Supervisor shall be notified 24 hours prior to investigating, discussing, and processing grievances on
City time (shorter notice may be given to the Supervisor in the case of an urgent matter); and (3) The
Union Steward or Representative will report his/her return to work to the immediate Supervisor upon
conclusion of the use of time for grievance under this section.
Section 4.9. Grievance Meetings. Grievance meetings shall be held at mutually agreed to
times and places. Where practicable, the parties should schedule such meetings during working
hours.
Section 4.10. Union Representation. The Union, in accordance with Chapter 447.401,
Florida Statues, shall not be required to process grievances for employees who are not members of the
Union. The Union will, however, be notified of the filing of all grievances and shall have a right to be
present at any scheduled meetings or hearings held pursuant to Section 4.2 (Grievance Procedure). In
addition, the union shall be notified of all proposed grievance settlement with any bargaining unit
member in writing prior to the final disposition of a settlement agreement.
The City shall notify the Union of all grievances filed by bargaining unit members, scheduled meetings,
and hearings at Step III of the grievance process pursuant to Section 4.2. In addition, the Union shall
be notified of all proposed grievance settlements with any bargaining unit member in writing prior to
final disposition of a settlement agreement.
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ARTICLE 5
NO STRIKE AND NO LOCKOUT
Section 5.1. No Strike. The parties hereby recognize the provisions of Chapter 447, Florida
Statutes, which define strikes, prohibit strikes, and establish penalties in the case of a strike and
incorporate those statutory provisions herein by reference. The parties further agree that the City shall
have the right to discharge or otherwise discipline any employee(s) who engage(s) in any activity
defined in Section 447.203(6) of the Florida Statutes.
Section 5.2. No Lockout. The City will not lockout any employees during the term of this Contract
as a result of a labor dispute with the Union.
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ARTICLE 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 applicable rules and regulations; to conduct performance evaluations; and, to determine internal
security practices; provided however, that the exercise of any of the above rights shall not conflict with
any of the express written provisions of this Agreement. The Union, its officers, agents, and members
agree that they will not interfere with Management in the performance of its duties. The City agrees
that, prior to layoff of bargaining unit members, it will advise the 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 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 and Staff Representative shall be advised as soon as
possible of the nature of the emergency. Nothing contained in this Agreement shall prohibit the
implementation of personnel actions the City deems necessary to comply with the Americans With
Disabilities Act (ADA).
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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. It shall not be construed as a guarantee of
hours of work per day or per week, or of days of work per week.
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. Prior to
any change in the normal workday of a group of employees, the City will discuss the proposed
change with the Union.
Section 7.3. Normal Workweek. The normal workweek shall consist of forty (40) hours per
week. The workweek shall begin with the employee1s first regular shift each week. If the workweek is
changed, the employee will normally be notified ten (10) days prior to the effective date of change;
provided that shorter notice may be given if circumstances do not permit the giving of ten (10) days
notice; provided further that it may be changed upon shorter notice upon agreement by the Union.
Agreement shall not be unreasonably denied.
Section 7.4. Weekly Overtime. For all hours worked in excess of forty (40) hours during an
employee1s workweek, the City will pay the employee at the applicable overtime rate.
Section 7.5. Distribution of Overtime Opportunity. Opportunity to work overtime shall be
distributed equally as practicable among employees in the same job classification in the same work
section and area starting with the most senior employee, provided the employees are qualified to
perform the specific overtime work required. Seniority for the purpose of this subsection only shall
mean length of continuous service in the division in question. Overtime opportunities shall be
accumulated on adequate records (which shall be available to the Union and employees with overtime
rosters posted on divisional board and updated monthly) and offered overtime not worked shall be
considered as worked in maintaining these records. If any employee establishes that he/she has not
AFSCME - 14
received his/her fair share of overtime opportunities, such employee shall have first preference to
future overtime work until reasonable balance is recreated. Employees who have been recorded for
overtime hours not worked shall not be discriminated against with respect to future overtime
opportunities or job assignments. Overtime worked shall be voluntary, whenever possible. On a
particular job, an employee may be asked to complete work in progress during overtime when
hazardous conditions are present.
Section 7.6. No Pyramiding. Compensation shall not be more than once for the same hours.
Section 7.7. Paid Leave as Time Worked for Purpose of Computing Overtime. A
holiday or other paid leave (excluding workers compensation leave and sick leave) which is observed
during an employee1s regularly scheduled workweek shall be considered as time worked for the
purpose of computing overtime.
Section 7.8. Rest Periods. Each employee shall be granted a fifteen (15) minute rest period with
pay which will be scheduled whenever practicable approximately midpoint in the first one-half of the
employee1s regular work shift and in the second one-half of the shift.
Section 7.9. Seventh Consecutive Day of Work. For all hours worked on an employee's
seventh consecutive workday within his/her workweek, the City shall pay two (2) times the employee's
straight time hourly rate of pay, provided the employee has worked his/her full shift on each of the six
(6) preceding workdays; provided that paid leave will not be considered as time worked for the
purpose of this Section. This provision shall not be applicable if a substantial number of employees
are scheduled to work seven (7) consecutive workdays because of an emergency such as a hurricane.
Section 7.10. Shift Starting Time. If the scheduled shift starting time of an employee is
changed, the employee will normally be notified ten (10) days prior to the effective date of change;
provided that shorter notice may be given if circumstances do not permit the giving of ten (10) days
notice.
AFSCME - 15
Section 7.11. Reporting Pay. An employee who reports to work as scheduled will be
guaranteed eight (8) hours of work or eight (8) hours of pay at the applicable rate; provided,
however, if the employee does not perform the work assigned to him/her (within or below his/her
classification) he/she shall not receive any pay for time not worked.
Section 7.12. Call-In and Call-Back Pay. An employee who is called to work outside of
his/her normal hours of work will be guaranteed four (4) hours of work or four (4) hours of pay at the
applicable rate; provided, however, if the employee does not perform the work assigned in his/her
job classification he/she shall not receive any pay for the time not worked.
This provision shall not apply to an early call-in or early report which overlaps into the employee's
regular shift. In such case, the early call-in or early report time will be compensated at the employee's
regular rate of payor at the rate of time and one-half the regular rate of pay if the total hours worked
in the workweek exceed forty.
Section 7.13. Work Schedule. Work schedule shall normally show the employeesl shifts, work
days, and hours, and shall be posted when necessary on an appropriate bulletin board.
Section 7.14. Standby. Employees expressly assigned to standby status shall receive two (2)
hours of straight time as a Standby bonus for each day of that assignment. Employees will not be
paid both the Standby bonus and Call Back pay for the same day (i.e., if called in while on Standby
status the employee will be paid only the Call Back pay). The Standby bonus is not considered hours
worked for determining overtime. Standby shall be assigned in the City's sole discretion. Employees
assigned to standby must respond to any call within ten (10) minutes and must be available to report
to the work-site within thirty (30) minutes (or some other reasonable period of time as determined
based upon the circumstances). Failure to meet these requirements (as may be modified in the City's
sole discretion), or other requirements related to standby assignments that may be determined
necessary by the City, shall result in forfeiture of the Standby bonus, and possible disciplinary action,
based on the circumstances of each case.
AFSCME - 16
ARTICLE 8
WAGES AND FRINGE BENEFITS
Section 8.1. Wages.
The City of Miami Beach classification and pay system will be utilized under this contract. This
includes salary range changes, job audits, and market classification studies. This does not include
cost-of-living increases. No change shall take place until the Union President or his/her designee
concurs. No decision made within the context of this provision shall result in a lower grade, the
removal of a job classification from the bargaining unit, nor shall said decision result in an exemption
from FLSA overtime requirements.
No bargaining unit member who left the City's employ prior to the date of ratification of this
Agreement by both parties will be eligible for any wages or benefits under this Agreement.
a) Effective with the first (1 SI) pay period ending in May 2007, there shall be an across-the-board
increase of six percent (6%) for all bargaining unit positions. Also effective on the minimums
and maximums of each range will increase by six percent (6%).
b) Effective with the first (1 SI) pay period ending in May 2008, there shall be an across-the-board
wage increase of a minimum of five percent (5%). The minimums and the maximums will be
increased five percent (5%).
c) Effective with the first (1 SI) pay period ending in May 2009, there shall be an across-the-board
wage increase of four percent (4%). The minimums and the maximums will be increased four
percent (4%).
Within sixty (60) days of an employee's merit review date, the employee's Department shall complete
a Performance Evaluation and forward it to Human Resources. The Evaluation shall be completed in
accordance with the policy established by Human Resources. Failure to complete a Performance
Evaluation within sixty (60) days will result in an automatic two percent (2%) salary increase. Any
other increase will take effect retroactively when the evaluation is completed. Performance Evaluation
AFSCME - 17
increases may total no more than four percent (4%).
Employees who receive a score of ninety (90) or above shall receive a four percent (4%) increase on
their merit review date.
Employees who receive a score of less than ninety (90), but-eighty (80) or above, shall receive a three
percent (3%) increase on their merit date.
Employees 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.
If an employee's merit rating score does not qualify him/her for a merit increase, the employee may
grieve the evaluation up to Step 3 under the provisions of this Agreement.
Section 8.2. Shift DiHerential. There shall be a shift differential of forty five cents ($.45) per
hour for work performed at the City1s request on shifts beginning after 2:30 P.M. and at or before
11 :00 P.M. There shall be a shift differential of fifty five cents ($.55) per hour for work performed at
the City1s request on shifts beginning after 11 :00 P.M. and before 6:00 AM.
Section 8.3. Holidays. The following fourteen (14) days shall be considered holidays: New
Year's Day, Washington1s Birthday, Memorial Day, Independence Day, Labor Day, Veterans Day,
Thanksgiving Day, the day following Thanksgiving, Christmas Day, Dr. Martin Luther King1s 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. Holiday Pay. Employees shall receive eight (8) hours pay at the employee's regular
rate of pay for holidays not worked. Effective November 1, 2001, an employee who is scheduled to
work on a holiday shall receive time and one half (1 Y2) his/her regular rate of pay for all hours
worked in addition to his/her holiday pay. An employee who works over eight (8) hours on a day
that is observed as a holiday shall receive two (2) times his/her straight time hourly rate of pay for any
AFSCME - 18
such hours worked over eight (8).
To be eligible for holiday pay, an employee must report for scheduled work on the holiday, on the last
scheduled day preceding the holiday, and the first scheduled day following the holiday unless such
absences are excused. Excused absences are defined as:
1) an absence due to serious illness or injury;
2) approved annual leave;
3) floating holiday;
4) birthday.
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 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 hig,her
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:
a) Out of class pay shall be distributed as equally as practicable among employees in the same
job classification in the same work section.
b) If he/she is temporarily working in a lower classification, he/she shall receive his/her hourly
rate in his/her regular classification. Employees will not be assigned to lower classification
work as punishment or to demean the employee.
c) If he/she is temporarily working for one or more consecutive hours in a higher paying
classification, he/she shall be paid an hourly rate of one dollar ($1.00) per hour to be added
to the employee's straight-time rate of pay.
AFSCME - 19
Employees being trained with on-site supervisory assistance in a bona-fide training program for a
higher paying classification will be paid their current rate in their regular classification during such
training time.
Section 8.6. Uniforms. The City will provide uniforms to bargaining unit employees who are
required to wear them. The composition of the uniform shall be determined after consultation with the
Union. The Uniforms issued shall be chosen based on considerations of employee safety and comfort,
as well as cost. Issued uniforms will be replaced by the Department upon presentation of worn or
damaged uniform items by the employee no less than once per year. Each Department Director shall
provide necessary safety/foul weather gear, as appropriate.
The vendors will deliver the uniforms in the month of April of each year for the term of this Contract.
All employees shall receive six uniforms.
Six pants or shorts (if appropriate)
Six shirts
Six T-Shirts
One Uniform Jacket (one jacket during the term of the contract)
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
AFSCME bargaining unit, the Union agrees that these sponsored uniforms may be issued to satisfy the
contractual uniform obligations. The Union agrees that no additional contract obligations concerning
uniforms are hereby created, and that such sponsored uniforms may be discontinued at any time by
the City. The issuance and/or discontinuance of any such uniforms pursuant to such a sponsorship
arrangement shall not be subject to any grievance or appeal process.
Section 8.7. Safety Shoes. Employees in the following job classifications will be required to
wear safety shoes during all working hours. Effective October of each year a safety shoe certificate
AFSCME - 20
will be provided to those employees in the following job classifications for the purchase of safety shoes
meeting ANSIZ41 Federal Safety Standards.
Those employees in the following classifications will make his/her safety shoe selection from a
predetermined list of safety shoes, which will be developed by the Shoe Safety Committee comprised
of two (2) Union representatives and two (2) Management representatives.
Assistant Pumping Mechanic Pumping Mechanic
Diesel Generator Mechanic Sewer Supervisor
Building Services Technician Sewer Pipe Fitter
Control Room Operator Street Supervisor
Central Services Technician Street Lighting Technician I and II
Fire Equipment Mechanic Stores Clerk
Fleet Service Representative Storekeeper I and II
Heavy Equipment Operator I and II Storekeeper/Mechanic
Irrigation Systems Supervisor Tree Trimmer
Mechanic I, II and III Water Meter Technician I and II
Municipal Service Worker I, II and III Waste Collector
Municipal Service Worker Trainee Waste Driver Supervisor
Park Supervisor Water Pipe Fitter
Pest Control Supervisor Water Supervisor
Employees receiving the safety shoe certificate will be required to purchase and wear the safety shoes
during all working hours unless medically prohibited by workers compensation or primary physician,
and will be subject to up to the loss of a day's pay for each day that the employee reports to work
and fails to wear the required safety shoes. Action taken against the employee under this Section
shall not be appealable to the Hearing Examiner or grieveable under this Agreement. The City
Manager's designee for Labor Relations shall review any questions on the interpretation of this
paragraph.
When, due to extreme wear and tear or accidental destruction, a replacement pair of safety shoes is
required, the City will grant an additional shoe certificate.
Section 8.8. Vacation Benefits. Consistent with applicable ordinances, the vacation benefits
presently enjoyed by the employees covered by this Contract shall continue for the term of this
Contract.
AFSCME - 21
Section 8.9. 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 compensation within three (3) months.
In the event employees are supplied with a meal while working the overtime hours, the meal
allowance, as provided under this Section, shall cease.
Section 8.10. Jury and Witness Duty. The City shall permit employees to keep either
payments received from courts of competent jurisdiction for being on jury duty or in the alternative
his/her standard rate of pay, plus reimbursement of court parking expenses, upon presentation of a
receipt for such expenditure.
For each day an employee is called to jury duty, he/she shall be excused from work for such time as
is necessary to complete jury duty service. If three (3) or more hours are left in the employee1s work
shift upon release from jury duty, the employee shall immediately contract his/her immediate
supervisor for instruction regarding his/her return to work.
An employee subpoenaed as a witness (not a defendant) for a matter which has arisen in the
employee's performance of duties, shall be granted temporary leave of duty with pay equal to the
difference between the employee's regular rate of pay and any witness fees received.
An employee who is a defendant in a matter which has arisen in the employee's performance of
duties and who is adjudged not guilty or not liable will be reimbursed for work time lost by reason of
time spent in court.
Section 8.11. Tool Allowance. Effective January 1, 2002, employees in the Mechanic II,
Mechanic III, and Fire Equipment Mechanic job classifications shall receive a tool allowance of Fifteen
Dollars ($15.00) per pay period; employees in the Mechanic I and Storekeeper/Mechanic job
classifications who regularly are required to use their own personal tools as part of their job duties,
AFSCME - 22
shall receive a tool allowance of Ten Dollars ($10.00) per pay period. As a condition precedent to
being eligible to receive the tool allowance outlined herein, the following will apply:
Management will produce a detailed list of tools that the tool allowance recipient must have in his/her
on site tool box inventory. Further, such tool inventory shall not include tools manufactured by
companies that do not offer a 100% tool replacement warranty policy, except for those drill motors or
electronic tools that may have less than a 100% warranty. In the limited exception for electric drill
motors or electronic tools, all such electric drill motors or electronic tools shall be of professional,
industrial grade, manufactured by known quality vendors.
Those employees who do not have all the required tools on the tool inventory shall not receive the tool
allowance. Should the individual wish to be re-considered for the tool allowance, he/she may
purchase the missing inventory tools and then re-apply for the tool allowance the following month.
Failure to complete the tool purchase within two (2) weeks will be cause for the employee to be
eliminated from consideration for receipt of the appropriate tool allowance. Future compliance with
the tool inventory will allow the employees in those classifications as outlined above to be eligible to
receive the appropriate tool allowance.
Each employee will submit to Management a complete inventory of the tools which they maintain at
their job site for working on City vehicles, annually. One (1) hour of time to prepare the annual
inventory of tools shall be done on City time once a year.
Each employee shall make his tools available to Management staff for an inventory and/or safety
check upon reasonable notice.
Section 8.12. Bereavement. 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,
AFSCME - 23
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 8.13. Pay Periods. Pay day shall normally be every other Friday. In the event such a
Friday is a holiday or scheduled day off, the City shall attempt to pay on the preceding day.
Section 8.14. Iniury Service Connected. An employee who is absent from duty because of
injury which the City Manager or his/her designee determines is the direct result of the employee1s
performance of duties on behalf of the City, shall continue to receive pay during such absence in
accordance with applicable City ordinances. Such pay may continue for a period of time not to
exceed sixteen (16) weeks unless extended by the City Manager or his/her designee with the
approval of the City Commission. Pay during the period of such absence will be computed as follows:
Employees who are entitled to pay because of injury service-connected, will be paid an amount which
is equal to the difference between their normal City pay and the amount of compensation payable
under the provisions of the Worker's Compensation Law of the State of Florida. A normal day's pay
shall be 1/10 of the biweekly rate of pay.
Section 8.15. Certificates. If an employee is required by law for the performance of his/her
work, to obtain a certificate for the spraying of insecticides, or a pumping station operator certificate,
or a certificate to handle chlorine, the City shall pay the fee for such certificate. The
Labor-Management Committee shall discuss whether higher pay ranges may be appropriate where
certificates are required.
Section 8.16. Pay for Hazard Duty.
Effective November 1, 2001, employees working hazard duty will be paid $1.00 an hour for time
actually spent in these activities. Hazard duty applies to the following activities:
AFSCME - 24
A. Spraying hazardous chemicals (The definition of "hazardous" shall be consistent with the current
definition as of ratification).
B. Diving with scuba gear
C. Working in trenches five (5) feet or greater
D. Working in raw sewage
E. Working forty (40) feet or higher on aerial lift operations
F. Boat Operator
G. Hazardous chemical application as defined by MSDS
Section 8.17. Changes in Benefits. The City acknowledges its obligation under state law to
notify the Union of any change in a benefit contemplated by the City and permit the Union to bargain
over such a change, to the extent that state law requires such bargaining.
Section 8.18. Pension & Retiree Health. Upon ratification and commission approval, the new
pension ordinance No. 2006-3504 will become effective. In addition, the City will extend a new
ninety (90) day window for the early out provision to the AFSCME, which will become effective ten
(10) days after the second reading of the amendment to the pension ordinance.
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 40 l-A retirement program (in lieu of
participating in the City's pension plan) shall be required to work at least ten (10) years before
becoming eligible for any retiree health benefits from the City.
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 employment. The parties also agree that if a member initially elects to continue under
City health insurance, but thereafter discontinues or is discontinued from such coverage, then the
retiree may resume coverage only at their own expense, without any employer contribution
whatsoever.
AFSCME - 25
Employees hired on or after this Agreement is ratified, will be entitled to a City contribution against the
cost of continued health insurance coverage in the City's health insurance plan after retirement (or
separation) from City employment, as set forth in this section. Any employee hired on or after this
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 benefits also receive an additional separate supplemental monthly stipend payment in the
initial amount of $10.00 per year of credited service, up to a maximum of $250.00 per month until
age 65, and $5.00 per year of credited service up to a maximum of $125.00 per month thereafter.
There shall be no other City contribution toward the cost of continued health insurance coverage for
such employees and this benefit shall be paid only during the life of the retiree.
Section 8.19. Training and Training Programs. The City and the Union agree that the
training and development of employees within the bargaining unit is mutually beneficial. The Union
will be kept informed of all training programs. The Union may make recommendations to the City
relative to the training of employees within the bargaining unit. The City will consider
recommendations and improvements submitted by the Union. The parties agree to meet at the request
of either party for the purpose of exchanging information concerning the overall training of employees
within the bargaining unit.
Section 8.20. Skill Pay Supplement.
Effective January 1, 2002, the Skill Pay Supplement will be as follows:
Automobile Technicians/Medium/Heavy Truck Technicians
3 to 5 Certifications $40.00/month
6 to 7 Certifications $80.00/month
"Master" Auto Technician $120.00/month
Fire Mechanics
Level 1 Fire/Ambulance $50.00/month
Level 2 Fire/Ambulance $90.00/month
EVT Master Fire/Ambulance $130.00/month
Natural Gas ASE Certification
$20.00/month
Parts Specialist
3 of 3 Certifications
$40.00/month
AFSCME - 26
Note: The maximum Skill Pay Supplement Benefit would be $ 140.00/month
Section 8.21. Health Insurance
a) The City shall offer medical, dental, and life insurance benefit plans to full-time bargaining unit
employees and their legal dependents during the term of this Agreement. The City will continue
to pay at least fifty percent (50%) of the premium cost for eligible employees. The City will
continue to offer alternative plans as options for employees. The City may change insurance
carriers and/or the scope and level of benefits in any plan. The City also may change the
percentage of premium cost paid by the City (i.e., provided that it remains at least 50%) from
year to year for anyone or more of the optional plans available, depending upon the scope and
level of benefits available in each of the optional plans.
b) The City agrees that it will not change the level of benefits during the term of this Agreement
without first consulting with the Group Insurance Board, or a labor-management advisory
committee created as a substitute for such Board. A bargaining unit employee may serve on this
Board/committee for as long as bargaining unit employees participate, exclusively, in the City's
group health insurance plan. 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. The Union waives impact bargaining over any changes to any optional plan.
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.
Section 8.22 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.
AFSCME - 27
ARTICLE 9
SENIORITY
Section 9.1. 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.
Section 9.2. LayoHs. When there is a reduction in force in any job classification (including those
resulting from a consolidation or elimination), employees will be laid off in the following order, and
such layoffs shall not have the effect of reducing the City's efforts to diversify the workforce:
a) Employees in the affected classification who have not completed their working test period
(probationary period) will be the first reduced.
b) In the event of further reductions in force, employees will be reduced from the
classification in accordance with their seniority and their ability to perform the work
available. When two or more employees have equal skill, ability and qualifications, the
employee(s) with the least seniority will be the first laid off.
A non-probationary employee reduced from a job-classification under (b) above may be transferred by
the City to another position of equal rate, or failing such transfer, he/she may exercise seniority to
replace the least senior employee in a lower rated job classification covered by this Contract where
the employee has equal skill, ability, and qualifications to perform the work; provided that the
replacing employee will be given an opportunity to become familiar with the work, receive basic
instruction concerning the work, and orientation on the operation of equipment, if any.
Section 9.3. Recalls. When there is a recall, employees on layoff with seniority will be recalled in
inverse order to their layoff, provided they are presently qualified to perform the work in the
classification to which they are recalled. No new employees shall be hired into a classification from
which employees have been laid off and remain on layoff status until such laid off employees are
offered recall in accordance with Civil Service Rules, which shall govern for recall purposes.
Employees shall not be transferred into or assigned to work out of class in a classification from which
any employees have been laid off and remain on layoff status, except on a temporary basis not to
AFSCME - 28
exceed a total of ninety (90) calendar days in a six-month period.
Section 9.4. Break in Seniority. Seniority and the employment relationship shall be terminated
when a non-probationary employee:
a) quits voluntarily.
b) is laid off for more than one (1) year, or the employee's length of service, whichever is
greater, up to a maximum of two (2) years.
c) is terminated for cause.
d) retires or is retired.
e) fails to return to work at the expiration of any approved leave of absence.
~ fails to report to work within five (5) workdays after date of written notice of recall to work
after a layoff given by the City by certified or registered mail and addressed to the employee
at his/her last address appearing on the records of the City. It shall be the employee's
responsibility to provide the City with his/her current address.
g) an employee absent for a period of three (3) work days without notification of a valid reason
to the management of his/her department, and who has no legitimate reason for not notifying
the management of his/her department shall be considered as having resigned.
Section 9.5. Seniority Lists. Every six (6) months, the City shall post and/or provide for posting
on the Bulletin Boards described in Article X, a seniority list showing the continuous service of each
employee covered by this Contract and will also provide the Union with a list of new hires and
terminations within the bargaining unit during the prior six (6) months. A copy of the seniority list shall
be furnished to the Union. The seniority dates and rankings shall be deemed correct unless errors are
brought to the attention of the City within thirty (30) days following any posting.
Section 9.6. Union OHicer Continuation of Duties. Except as otherwise provided by law, the
following Union officers, for the purpose of determining the order of layoff or transfer in lieu of layoff,
shall have top seniority within the bargaining unit: President, Vice-President, Secretary-Treasurer,
Recording Secretary and Chief Steward.
AFSCME - 29
Section 9.7. Promotions. The term promotion as used in this Contract, means the advancement
of an employee to a higher paying classification. Whenever a bargaining unit job opening occurs,
other than a temporary opening, in any existing job classification or as the result of the development
or establishment of a new job classification, a notice of such opening shall be posted on all bulletin
boards for two (2) weeks.
During this period, eligible and qualified employees who wish to apply for the open bargaining unit
position or job after it has been announced, may do so. The application shall be in writing, and it
shall be submitted to the Human Resources Department.
If there is more than one (1) employee who is qualified for promotion to a job classification in a work
section for which no Civil Service examination is required by the Personnel Board, seniority shall be
the determining factor where two (2) or more employees within the same work section have equal skill,
ability, and qualifications.
Section 9.8. Demotions. The term demotion, as used in this Contract, means reassignment from a
position in a higher classification to a position in a lower classification. Demotions may be made to
avoid laying off employees, to provide employees with the opportunity to request changes to lower
grades for personal convenience, disciplinary reasons, or when an employee is unable to perform
satisfactorily the duties of his/her position.
Section 9.9. Preference for Out-of-Class Assignments. Employees who have been
previously permanently classified with regular status in a higher rated classification and who have
been displaced due to a layoff from that classification but remain in the same division, shall have a
preference for any out-of-class assignments to that classification for as long as he/she has recall rights
to that classification.
Section 9.10. Shift Preference. Whenever a vacancy occurs in a job classification which
operates on more than one shift in a work area within a division, employees in that classification who
have previously filed shift preference forms indicating a desire to work on the shift which has the
AFSCME - 30
vacancy, will be considered for reassignment to that shift. If the City grants the shift preference
reassignment, it will do so on the basis of seniority, skill, ability and past performance.
If skill, ability and past performance among the persons seeking the reassignment is equal, seniority
shall govern. In the event that management determines that granting the reassignment would provide
unbalanced shifts or result in inexperienced persons or shifts without proper or sufficient supervision,
then the shift preference shall not be granted. Shift preference forms will be valid for twelve (12)
months from the filing date.
Section 9.11. Temporary Employees. The City shall have the right to hire up to fifteen (15)
temporary employees in any bargaining unit position. Such temporary employees shall be paid atthe
entry level step for the classification they fill. The City may exceed the cap on the number of temporary
employees hired in any bargaining unit position by the number of unused temporary positions from
any combination of other bargaining unit positions.
Such temporary employees so hired may not exceed one (1) year of continuous employment at any
one time. Further, temporary employees may not work in a classification wherein a permanent Civil
Service employee is laid off.
The City recognizes the integrity of the certified bargaining unit and will not use the temporary
appointment for the purpose of eroding the bargaining unit. Temporary employees will not be
covered by Civil Service or this Agreement except as specified herein.
Temporary employees will not receive any pension or fringe benefits, and they shall serve at the will of
the employer. Temporary employees may make application for bargaining unit jobs as permanent
vacancies are filled.
Any appeals by the Union under this Section shall first be heard by the City Manager or his/her
designee for Labor Relations. If no resolution is reached at that level, then the Union may submit the
issue to the Public Employees Relations Commission.
AFSCME - 31
9.12 Vacations and Emergencies
a) 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.
b) Seniority will not apply in an emergency situation.
AFSCME - 32
ARTICLE 10
GENERAL PROVISIONS
Section 10.1. Work Rules. The City will provide the Union with a copy of any written work rules
affecting employees covered by this Contract that are instituted or modified during the term of this
Contract. The Union will be provided with an opportunity to discuss any change in a work rule, and
its impact prior to implementation of the change. The current work rules will continue to be enforced,
however, the Union will be provided with the opportunity to suggest changes or alternatives to the
existing rules.
Section 10.2. Clean-up Time. When necessary at the end of the shift, employees shall be
allowed up to fifteen (15) minutes clean-up time to include personal and work area cleanup time.
Where facilities are provided, they shall be properly supplied.
Section 10.3. Safety.
a) The City agrees to comply with all laws applicable to its operations concerning the health and
safety of the employees covered by this Contract. Each employee covered by this Contract will
be required to comply with all safety and health rules and regulations established by the City.
Each employee shall be given a copy of any written safety rules. In case a claim of an imminent
unsafe condition which poses an immediate threat of loss of life or bodily harm, a Union Safety
Representative shall be entitled to present such complaints and/or claims to the supervisor of the
area in question or to the City Manager's designee. The City shall hold two (2) safety meetings
per year in the departments for all employees to further safety on the job.
b) When weather and operational conditions permit, employees may be permitted to ride on the
rear of work vehicles provided such transportation is safe and the employees are seated securely.
Management has the right to eliminate such transportation if, in the discretion of Management,
such seating and/or transportation is unsafe. When weather conditions are such that continual,
heavy rain, severe lightning or heavy wind storms are occurring in the immediate work area, the
employees will not ride in the back of an open vehicle.
AFSCME - 33
c) During continual, heavy rain (downpour) or severe lightning storms, employees will take shelter or
they will be directed to other work or training, so as to not be exposed to the severe lightning or
heavy rain storms.
Section 10.4. Safety Glasses. If an employee requires prescription glasses to perform work and
the hazards of his/her job are such that special safety glasses are necessary to ensure safe working
conditions, the City will provide them. Such requests shall be subject to the approval of Risk
Management.
Section 10.5. Safety Equipment. The City will periodically issue certain safety equipment
(including but not limited to a safety vest, a hard hat, safety glasses, hearing protection, chaps, shin
guards, etc.) to each employee who must use such safety equipment while performing their duties as
determined by the City's Risk Management Department. Safety equipment damaged through non-
negligent use at work must be returned to the City for replacement at no charge. However, the
employee will be charged for any additional safety equipment to replace lost, misplaced, mistreated,
and/or stolen equipment. Employees who are issued safety equipment by the City must wear that
safety equipment as part of their uniform during all working hours when such safety equipment is
necessary, and will be subject to progressive discipline each time that the employee reports to work or
a job site without the required safety equipment. Action taken against the employee under this Section
shall be appealable up to Step III. The City Manager's designee for Labor Relations shall review any
questions on the interpretation of this paragraph.
Section 10.6. Emergency Medical A"ention. The City agrees to place first aid kits at various
work locations throughout the City. Furthermore, when emergency medical attention is necessary on
the job, the City will arrange for expeditious transportation of the employee to a medical treatment
facility.
AFSCME - 34
Section 10.7. Transportation of Employees. The City agrees that whenever employees must
be transported from an assembly point to a work site or from one work site to another, during
inclement weather, such as rain or cold, the means of transportation will be by an enclosed vehicle,
wherever possible, except in extenuating circumstances.
Section 1 0.8. Transfer. Transfer requested by employees to positions in the same classification or
pay range within the City1s employ may be affected in accordance with the Personnel Rules. The City
shall make reasonable efforts to find suitable work for employees who suffer a physical ailment, injury
or disability.
Section 10.9. Civic Duty. Employees required to appear before a court of law or other public
body on matters not related to their work, in which they are not personally involved (as plaintiff or
defendant) and employees elected or appointed to any political or legislative position who request a
leave of absence to perform their civic duty, shall be granted a leave of absence in accordance with
the Personnel Rules.
Section 10.10. Unpaid Leaves. Leaves of absence for a limited period, not to exceed six (6)
months, may be granted for any reasonable purpose in accordance with the Personnel Rules and such
leaves may be extended or renewed at the employee's request and upon agreement by the City.
Leaves of absence for up to six (6) months shall be granted to accept appointment to office within the
Union or employment within the Union.
Section 10.11. Negotiation Pay. Up to four (4) members of the Union's Negotiating
Committee, during negotiations for a successor collective bargaining agreement, shall be paid for all
time spent in negotiations which would otherwise have been time worked by the member of the
Negotiating Committee. Negotiating time beyond the normal work hours or beyond an employee's
scheduled workday or workweek shall not be considered as time worked for the City.
AFSCME - 35
Section 10.12. Contracting and Subcontracting. When the City contemplates entering into a
contract with an outside supplier or service agency to perform services presently being performed by
the Bargaining Unit employees and such contract shall result in the lay-off of any bargaining unit
employee, the City agrees that it will, upon written request, meet and discuss with the representatives
of the Union the effect of such contract upon members of the Bargaining Unit.
If the City enters into such a Contract and, as a result thereof, an employee will be laid off, the City
agrees to ask the Contractor to provide first consideration for such employee for any available work.
In the event that the employee is not employed by the Contractor, the City will offer such employee
another available job with the City, if there is a budgeted vacancy and the employee affected by the
subcontracting is qualified to perform. Questions of qualification to perform the job duties shall be
decided in the sole discretion of the City Manager's designee for Human Resources.
If there are no jobs available, the Reduction in Force provision contained in this Agreement shall
apply, provided that such laid-off employee shall be recalled to work before the City hires a 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 person1s 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 to apply for another bargaining unit job with the City.
Nothing in this Section will be construed to limit the Union's right to bargain concerning the identified
impact or effects of subcontracting out or transferring upon Bargaining Unit members.
AFSCME - 36
Section 10.13. 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, 1978.
All new employees covered by the agreement 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:
1. A post October 1, 1978 employee who retires between the ratification date and on or before
April 30, 2002, shall be entitled to termination payout of one-half (JI2) of his/her accrued sick
leave up to a maximum payout of 480 hours.
2. A post 1978 employee who retires on or after April 30, 2003, shall be entitled to a termination
payout of one-half (JI2) of his/her accrued sick leave up to a maximum payout of 600 hours.
3. Effective January 1, 2002, the "Must Use" cap on vacation will be raised to 360 hours.
Section 10.14. Perfect Attendance Bonus. Employees who perform the full scope of their
regularly assigned classification for each calendar 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.
AFSCME - 37
Section 10.15. Changes in Job Specifications and New Classifications. Changes in
existing specifications or the creation of new classifications shall be submitted for review and comment
by the Union prior to implementation or submission to the Personnel Board.
Section 10.16. Opportunity for Advancement. To the extent that funds and personnel are
available, the City is committed to facilitating the efforts of employees, through training, to increase
their efficiency, broaden their knowledge, and become more effective in performing their duties in
order to enhance their opportunity for promotion.
Section 10.17. Union Conventions. Up to a maximum of three (3) delegates of the Union will
be permitted to annually use a pool of paid time-off, not to exceed a total of ten (10) working days in
anyone fiscal year, for the purpose of attending State and International conventions. The Union will
provide the City with the name(s) of the delegate(s) selected to use the Convention time-off under this
section and the Union must provide the dates and locations of any such conventions for which a leave
of absence under this section is requested at least six (6) weeks in advance of the convention so that
the department can make appropriate arrangements. Requests for use of this paid leave may be
denied if the time off will create any scheduling or manpower problems. In addition, up to five (5)
duly authorized delegates of the Union may request a leave of absence without pay, not to exceed
three (3) weeks per delegate in anyone year and no more than two (2) weeks at a time, for the
purpose of attending conventions and training seminars of the Union. Requests for this unpaid leave
shall be submitted at least one month prior to commencement of the leave and said requests will not
be unreasonably denied.
Section 10.18. Educational Leave. An employee may request an educational leave of absence
without pay to take a course or courses in a field related to the work assignment or career ladder
direction of said employee. The City's existing tuition refund program shall be continued for the term
of this Contract.
Section 10.19. Meetings Leave. The Union shall have the right to designate one (1)
representative, authorized with pay for time he/she would have otherwise been working, to attend
any formal meetings and/or hearings of any sub-divisions of the governing bodies of the City,
AFSCME - 38
including City Commission meetings, when a matter relating to the Union is on the agenda for such
meeting and if prior notice to the representative's supervisor has been given.
Section 10.20. Union Bulletin Boards. The City will make available one (1) enclosed bulletin
board for the posting of official Union notices at each of the following locations, and the Union will
limit the posting of Union notices to such bulletin boards:
1) Public Works Operations- 451 Dade Meridian Avenue
Boulevard 6) Flamingo Park
2) Sanitation - 140 MacArthur Causeway 7) Fire Department Service Area
3) Parking Department Shop - 140 8) Meter Parking - 1837 Bay Road
MacArthur Causeway 9) City Police Station
4) Fleet Management - 140 MacArthur 10) City Hall
Causeway 11) Recreation Centers (provided AFSCME
5) Parks Maintenance Division, 2100 pays the cost of the new board(s))
Section 10.21. Labor Management Committee. In order to strengthen the parties' labor-
management relations, the AFSCME agrees to participate with the City in labor-management
committees to address the issues in Departments. Such committees may be requested by the AFSCME
or by the City (through the City Manager, Department Directors, or designees) to meet at mutually
accepted times. The parties agree that uniforms will be discussed through such Labor Management
Committees.
Section 10.22. Me Too and Re-openers. The AFSCME reserves the right to a "Me too"
agreement with the CW A should the City modify the CW A agreement on COLA or pension. Any such
discussions shall not exceed a period of ninety (90) days from the day of the first meeting, and in no
event shall the discussions continue beyond the contract expiration date.
On or after May 151, 2007 the Union reserves the right to re-open discussions regarding a) section
8.23 Essential Personnel (Hurricane Pay) and the landfall team, b) a shift bid system and c) a cleaning
allowance as determined appropriate by the City. Any such discussions shall not exceed a period of
ninety (90) days from the day of the first meeting, and in no event shall the discussions continue
beyond the contract expiration date.
AFSCME - 39
ARTICLE 11
DRUG AND ALCOHOL TESTING
Section 11.1. The City and the Union recognize the employee substance and alcohol abuse has an
adverse impact on City government, the image of City employees, the general health, 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 11.2. Using, selling, possessing or being under the influence of drugs or controlled
substances while at work is prohibited. Employees are further prohibited from consuming alcohol and
drugs on duty and/or abusing alcohol and drugs off duty to the extent that such use and/or abuse
tends to have an effect upon the performance of their job functions.
Section 11.3. The City may require any employee to submit to a blood analysis, urine analysis
and/or Breathalyzer when it has a reasonable suspicion as defined in Florida Statutes 440.1 02 (N)
that an employee is under the influence of or using alcohol, drugs or narcotics and/or when an
employee has caused, contributed to or been involved in an accident (i.e., automobile or other injury).
Section 11.4. In the event a urine specimen is tested as positive, a portion of that sample will be
subjected to a second test at the employee's request and at the employee's expense. If the second test
is negative, the employee will be reimbursed by the City.
Section 11.5. At the conclusion of the drug and alcohol testing, the City may take whatever action,
if any, it deems appropriate. In the event that said action is in the form of discipline, the employee
may grieve said discipline through the contractual grievance/arbitration procedure.
Section 11.6. The parties agree that an employee's refusal to submit ("refusal to submit" includes
adulterating a sample or submitting a false sample) to drug or alcohol testing in accordance with the
provisions of this Article may result in disciplinary action being taken against the employee up to and
including dismissal.
AFSCME - 40
Section 11.7. Drugl 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
will be subject to random testing during the term of this Agreement. Employees will be chosen from a
blind list by the Human Resources Department or its designee. Those employees who have a CDL
license and are in the CDL Drug Testing Pool will not be part of the AFSCME Drug Testing Pool since
the employees who hold a CDL license are already being randomly tested. In other words, all
AFSCME employees will be in either the CDL Random Drug Testing Pool or the AFSCME Random Drug
T esti ng Pool.
Section 11.8. Last Chance Agreement. Employees testing positive 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 Last Chance Agreement, if the
incident giving rise to the positive drug test involved threatening or violent behavior or conduct so
disgraceful that it causes substantial embarrassment to the Administration. Employees under a Last
Chance Agreement who test positive shall be terminated from employment with the City and this is not
grievable under the grievance procedure. Employees may be given no more than one P) chance for
substance abuse rehabilitation during employment with the City.
AFSCME - 41
ARTICLE 12
SAVINGS
In the event any article, section, or portion of this Contract should be held invalid and unenforceable
by any court or higher authority of competent jurisdiction, such decision shall apply only to the specific
article, section, or portion thereof specified in the decision, and upon issuance of such decision, the
City and the Union agree to immediately negotiate a substitute for the invalidated article, section, or
portion thereof.
AFSCME - 42
ARTICLE 13
ENTIRE CONTRACT
The parties acknowledge that during the negotiations which resulted in this Contract, each had the
right and opportunity to make demands and proposals with respect to any subject or matter not
removed by law from the area of collective bargaining, and that the understandings and agreements
arrived at by the parties after the exercise of that right and opportunity are set forth in this Contract.
Therefore, the City and the Union, for the duration of this Contract, each voluntarily and unqualifiedly
waives the right, and each agrees that the other shall not be obligated to bargain collectively with
respect to any subject or matter referred to, or covered or not referred to or covered in this Contract.
AFSCME - 43
ARTICLE 14
TERM OF CONTRACT
This Contract shall be effective as of date of ratification, and shall remain in full force and effect
through the 30th day of April, 2010.
It shall automatically be renewed from year to year thereafter unless either party shall notify the other
in writing one hundred twenty (120) days prior to the anniversary date that it desires to modify this
Contract.
Any such notification of a desire to open negotiations shall include specific articles proposed for
renegotiations, and only such articles shall be mandatorily negotiated.
This Contract shall remain in full force and effect during the period of negotiations, unless either party
gives the other party at least ten (10) days written notice of its desire to terminate this Contract.
AFSCME - 44
Attest:
Executed by the parties hereto on the d day of {I:.f" r~&tr1'l- 2006, by the Mayor and
City Clerk.
AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES,
LOCAL 1554 (AFSCME)
CITY OF MIAMI BEACH, FLORIDA
By:
By:
David Dermer
Mayor
flkJ' ~ck
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Clerk
~1Y
gJu/(b
Date
AFSCME - 45
AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES
AFSCME LOCAL 1554
ELECTION OF REMEDY FORM
Grievance No. (if applicable)
This form must be completed and signed prior to the second step of the grievance procedure, or at the
time when appeal to the Hearing Examiner is filed.
Employee must elect, sign, and date only one of the two following choices:
1.
I/We elect to utilize the Grievance Procedure contained in the current
Contract between the City of Miami Beach, Florida, and AFSCME
Local 1554. Except as provided in number two (#2) below the Union
has the exclusive right to represent all employees and to control the
submission of grievances to arbitration.
Signature
Date
2._
I/We elect to utilize another forum for my/our grievance, and in
doing so, I/we permanently waive my/our contractual right to the
Grievance Procedure contained in the current Labor Contract between
the City of Miami Beach, Florida, and AFSCME Local 1554.
Signature
Date
If Number 1 is elected, sign if you wish to authorize the following:
I/We hereby authorize AFSCME Local 1554 to process the attached grievance on
my/our behalf.
Signature
Date
AFSCME - 46
Addendum: Hearing Examiner Rules
HEARING EXAMINER RULES
SECTION 1: REQUEST FOR HEARING: Any member of the bargaining unit may appeal from
disciplinary action within ten (10) days after the delivery or mailing to him/her of such
written notice, by filing a written request for a hearing with the Hearing Examiner to
the City Manager's designee for Labor Relations. If the tenth day falls on a Saturday
or Sunday, he/she will have the ability to file for an appeal on the following Monday.
SECTION 2: DISCIPLINARY HEARINGS:
(a) The City Manager's designee for Labor Relations not later than ten (10) days
after receipt of such appeal, shall fix a place and time for holding a public
hearing within a reasonable time thereafter. Written notice of such time and
place shall be delivered or mailed promptly to both the Appellant and the
Appointing Officer.
Only the Hearing Examiner may grant a continuance to either party for good
and sufficient cause. No continuance shall be granted to either party unless
such request for continuance is received in writing by the City Manager's
designee for Labor Relations at least ten (10) days prior to the date of said
scheduled hearing of appeal.
(b) The Hearing Examiner may, at the request of the Appointing Officer or the
Appellant, call or request any person or records for the purpose of
ascertaining the facts.
(c) The Appointing Officer or a representative designated by him/her, shall have
the right to be present at such hearing and to be represented by the City
Attorney.
(d) The Appellant shall have the right to be present at such hearing and to be
represented by an AFSCME bargaining agent or an attorney of his/her
choice.
(e) The findings of the Hearing Examiner shall be based upon competent
substantial evidence of record.
m The Appointing Officer shall have the burden of presenting evidence to
support the truth of the charges as contained in the written notice.
(g) The Appellant shall have the right to present evidence to refute the charges
brought against him/her.
AFSCME - 47
(h) The Appellant shall have the right to be confronted by his/her accuser, and
the Appellant and the Appointing Officer shall each have the right to cross-
examine the witnesses of the other.
(i) After both the Appointing Officer and the Appellant shall have presented their
testimony and evidence, the Hearing Examiner shall receive argument in
summation. The Appointing Officer shall have both the opening and closing
argument.
(j) After the completion of closing oral argument, the Hearing Examiner shall
consider the testimony and evidence presented before the Hearing Examiner to
determine the truth or untruth of the charges.
(k) Within five (5) working days after the completion of the hearing, the Hearing
Examiner shall issue his or her findings as to the truth or untruth of the charges
in writing. The City Manager's designee for Labor Relations shall promptly
deliver or mail a copy of such findings to the Appointing Officer and to the
Appellant.
(I) A copy of the written statement given the officer or employee, a copy of any
reply thereto, and a copy of the findings of the Hearing Examiner shall be filed
as a Public Record in the Human Resources Department.
AFSCME - 48
Senterfitt
ATTORNEYS AT LAW
Fort Lauderdale
Jacksonville
Miami
New York
Orlando
Tallahassee
Tampa
Washington, DC
West Palm Beach
One Southeast Third Avenue
28th Floor
Miami, Florida 33\31-1714
www.akennan.com
305 374 5600 lei 305 374 5095 fax
August 21,2006
VIA FACSIMILE AND MAIL
Donald M. Papy, Esquire
Chief Deputy City Attorney
City of Miami Beach
Fourth Floor
1700 Convention Center Drive
Miami Beach, FL 33139-1819
Re: Review of the Proposed 2006-2009 AFSCME
Collective Bargaining Agreement
Dear Don:
As requested, I have reviewed the proposed Agreement between the City and the
AFSCME. Based upon this review, the Agreement is approved as to form and legality.
Very truly yours,
AKERMAN SENTERFITT
\_ C,~~~
~es C. Crosland
{M2447123;1}