98-22779 RESO
RESOLUTION NO.
98-22779
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH TO RATIFYTHE THREE-YEAR
LABOR AGREEMENT BETWEEN THE CITY OF MIAMI BEACH
AND THE MIAMI BEACH MUNICIPAL EMPLOYEES UNION,
AMERICAN FEDERATION OF STATE, COUNTY, AND
MUNICIPAL EMPLOYEES (AFSCME) LOCAL 1554, FOR THE
PERIOD FROM MAY 1, 1998 THROUGH APRIL 30, 2001, AND
AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE
THE AGREEMENT.
WHEREAS, the City Manager has submitted to the Mayor and City Commission the Labor
Agreement (Agreement) recently negotiated between the City of Miami Beach, Florida and the American
Federation of State, County, and Municipal Employees (AFSCME) Local 1554, the bargaining agent
certified by the Public Employees Relations Commission (PERC) for the employees covered by said
agreement; and
WHEREAS, the previous Labor Agreement was for a three year period from May 1, 1995 through
April 30, 1998 and has expired; and
WHEREAS, the AFSCME bargaining unit ratified the attached Agreement and the City Manager
recommends that the City Commission ratify and authorize the execution of the Agreement between the City
and the AFSCME Union; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the attached Labor Agreement
between the City of Miami Beach and AFSCME Local 1554 is hereby ratified and that the Mayor and City
Clerk are hereby authorized to execute the Agreement.
ADOPTED this 17th day of
June
~
/ M~r
~~J ~~ik
City Clerk
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
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a\COM-MEM04. 98/ AFS980 I.CTR
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:;ITY OF MIAMI BEACH
ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
ttp:\\cLmiami-beach. fl.us
COMMISSION MEMORANDUM NO. .3 ,8 -C( 8
TO:
Mayor Neisen O. Kasdin and
Members of the City C
DATE: June 17, 1998
FROM:
Sergio Rodriguez
City Manager
SUBJECT:
A RESOLU 0 OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH TO RATIFY THE THREE-YEAR LABOR AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND THE MIAMI BEACH
MUNICIPAL EMPLOYEES UNION, AMERICAN FEDERATION OF STATE,
COUNTY, AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 1554, FOR THE
PERlO~ FROM MAY 1, 1998 THROUGH APRIL 30, 2001, AND AUTHORIZE THE
MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT.
;'
ADMINISTRA TION RECOMMENDATION:
Adopt the resolution.
BACKGROUND:
On May 14, 1998, after four sessions, negotiators for the City and AFSCME, Local 1554 successfully
concluded negotiations for a three year collective bargaining agreement.
The Union membership has reviewed the proposed Agreement and voted to ratify it as presented.
While negotiators for the City and the Union were obliged to represent the best interests of their "clients",
the shared goal was to produce an Agreement that guaranteed equitable and competitive compensation and
working conditions. The following is a summary of the most significant changes from the previous
Agreement.
Wages
The tenn of the Agreement will extend three years from May I, 1998 through April 30, 200 I. Effective with
the first pay period ending in May of each of those three years, bargaining unit employees will receive a
three percent (3%) pay raise. Additionally, employees will be reviewed annually under the City's pay for
performance plan and be eligible for a merit increase on their anniversary date.
continued...
DATE
LlP
Gi-ll-CJg
AGENDA ITEM
COMMISSION MEMORANDUM
PAGE 2
The fanner merit plan provided a 5% raise for a merit score of 80 or above; a 3% raise for a score between
79.9 and 60; and a 1 % raise for a score between 59.9 and 40. The new Agreement provides a 4% raise for
a score of90 or above, and a 2% raise for scores between 90 and 75.
The estimated cost for the wage increases are $144,885 for Fiscal Year 1997/1998; $331,050 for Fiscal Year
1998/1999; $347,711 for Fiscal Year 1999/2000; and, $200,197 for Fiscal Year 2000/2001.
Other Non-Major Economic Issues
The safety shoe allowance will be increased from $53 to $55 on October 1, 1998 and to $60 as of
May 1,1999.
To incent skills enhancement and improve productivity, commencing May 1, 1998, Mechanics will be given
a $40 per month pay supplement if they attain a certification from the National Institute for Automotive
Service Excellence in any of the three specialties, i.e., Automobile, Medium/Heavy Truck, and Alternative
Fuels. If the Mechanic r~ceives a second certification, he/she may receive an additional $40 per month.
;'
To incent improved attendance, employees will receive a $300 lump sum bonus for any year in which they
have perfect attendance, i.e., no absence that was not approved at least 48 hours in advance. The initial
bonuses will be paid in December 1999 relative to Fiscal Year 1998/99 attendance.
To increase public confidence in the parties' commitment to a drug free workplace, bargaining unit
employees will be subject to random drug testing throughout the year.
Eligibility for overtime compensation has occurred when an employee works in excess of 40 hours in a week.
Hours "worked" previously included all paid leave. Under the new Agreement, sick leave will not be
counted as hours worked. This should result in a reduction in overtime expense, e.g., an employee works
32 hours, is absent 8 hours on sick leave, and works 8 hours on Saturday. Under the fanner contract, the
employee would receive 8 hours pay at time and one-half for Saturday work. Under the new provision, the
employee will receive 8 hours of straight time payor 4 hours less pay.
Lastly, recognizing that employees had other opportunities to vote on their own time, the practice of
providing paid time off for voting was ended.
Estimated annual cost increase is $1,500 for the shoe allowances; $6,000 for the Mechanic certification pay
supplements; $9,000 for the perfect attendance bonuses; and $5,000 for random drug tests.
CONCLUSION:
Ratify the attached collective bargaining agreement negotiated between the City of Miami Beach and
AFSCME Local 1554, and adopt the attached resolution authorizing the Mayor and City Clerk to execute
the Agreement.
o
SR:RWB:lsg
Attachments
a:\Comm-mem4. 98\AFS980 1, CTR
CONTRACT
Between
CITY OF MIAMI BEACH, FLORIDA
;'
and the
MIAMI BEACH MUNICIPAL EMPLOYEES
UNION, AFSCME LOCAL NO. 1554
PERIOD COVERED: MAY 1, 1998 - APRIL 30, 2001
TABLE OF CONTENTS
PAGE
CONTRACT
WiTNESSETH...................................................................... 1
ARTICLE I
RECOGNITION
Section 1.1
Section 1.2
Section 1.3
Representation ........................,.........,..,......".... 2
Bargaining Unit .....,..........,."...........................,.. 2
Rights of Individuals ...,...,.........".,...,........,............ 3
ARTICLE 2.-
.
DEDUCTION OF UNION DUES
Section 2.1
Section 2.2
Checkoff ....................................................... 4
Indemnification ...,.........,.. _ . . . . . . . , . , . . . . . . . . . . . . . . . . . . . . . .. 4
ARTICLE 3
EQUAL EMPLOYMENT OPPORTUNITY
Section 3.1
Section 3.2
Section 3.3
No Discrimination ................................................ 5
Affirmative Action ................................................ 5
Examinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
ARTICLE 4
GRIEVANCE PROCEDURE
Section 4,1
Section 4.2
Section 4,3
Section 4.4
Section 4.5
Section 4,6
Section 4.7
Section 4,8
Section 4.9
Section 4,10
Section 4.11
Definition of Grievance & Time Limit for Filing ........................" 6
Grievance Procedure ....,..............,......................... 6
Binding Arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
Authority of Arbitrator ............................................. 7
Expenses of Arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
Differences Concerning Personnel Rules . . , . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
Election of Remedies .,....,................,........,............ 8
Grievances Involving Discipline ..,.............................,.... 8
Union Stewards. . . . . . , . . . . . . . . . . . . . , . . . . . . , . . . . . . . . . , . . . . , . . . . . .. 9
Grievance Meetings ...."....."......,.......,................., 9
Union Representation .,..."........,.........,.."...,..",...... 9
ARTICLE 5
NO STRIKE OR LOCKOUT
Section 5,1
Section 5.2
No Strike ......., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
No Lockout ",.,.,....,....,........,..,.,....".,............. 1 0
AFSCME - i
TABLE OF CONTENTS
PAGE
ARTICLE 6
MANAGEMENT RIGHTS , . . . . . . , . . . . . . . . . , . . . . . . . . , . . . . , . , , , . . . .. 11
ARTICLE 7
HOURS OF WORK AND OVERTIME
Section 7.1
Section 7.2
Section 7.3
Section 7.4
Section 7.5
Section 7.6
Section 7.7
Purpose. . . , . . . , , , . . . . . . . . . . . . . , , . , , , , . . . . . , . , . . , . . . . . . . . . . , , .. 12
Normal Workday , . . . . . . . , , , . . . . , , . . . . . . . . . . . . . . . . . . , . . . , . . . . . , " 12
Normal Workweek. . , . . . . . . . . . . , . . . . . . . . . , . . . . . . . . . . . . . . . , , . . . . .. 12
Weekly Overtime. , , . . . . . . . , , , . . . . . , , . . . , , . . . . , , . . . . . . . . . . . . . . . .. 12
Distribution of Overtime Opportunity. . . . . . . . . . . . . . , . . . . . . . . . . . . . , . . " 12
No Pyramiding . . . , , . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,. 12
Paid Leave as Time Worked for the Purpose of
Computing Overtime ..................,...............,....,... 13
Rest Periods .................,.,........................"..,.. 13
Sixth Consecutive Day of Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,. 13
Seventh Consecutive Day of Work . . . . . . . . . . . . . . . . . . . . . . . . , , . . . . . . ., 13
Shift Starting Time, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
Reporting Pay . . . . . . . , . . . , , . . . . . . . . . , . , . . . . . . . . . . . . . . . . . . . . . , . .. 13
Call-In and Call-Back Pay. . . . . . . . , , . . . . . . . . . . , . . . . . . . . . . . . . . . . . , .. 13
Work Schedule ..........................................".... 14
Standby . . . . , . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . , . . .. 14
Section 7.8
Section 7.9,.
Section 7.10
Section 7.11
Section 7.12
Section 7.13
Section 7.14
Section 7.15
ARTICLE 8
WAGES AND FRINGE BENEFITS
Section 8.1
Section 8.2
Section 8.3
Section 8.4
Section 8.5
Section 8,6
Section 8.7
Section 8.8
Section 8.9
Section 8.10
Section 8,11
Section 8.12
Section 8.13
Section 8.14
Section 8.15
Section 8,16
Section 8.17
Section 8.18
Section 8,19
Section 8,20
Wages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15
Shift Differential . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , .. 16
Holidays. . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16
Holiday Pay . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . .. 16
Rate of Pay When Working Out of Classification ,...................,.. 16
Uniforms ................................................,..... 17
Safety Shoes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18
Vacation Benefits ...,.........................................., 19
Meal Allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19
Jury and Witness Duty ..........,.......,..................".... 19
Tool Allowance ......,....,.................,................... 20
Bereavement . . . . . , . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . ., 20
Pay Periods . . . . . . . . . . . . . . . . . . . . . . . .' . . . , . . . . . . . . . . . . . . . . . . . , . , .. 21
Injury Service Connected ....."...............",..,......,....., 21
Certificates ........"..."..............,..........,.....,..... 21
Pay for Spraying Hazardous Chemicals , , . , , , , . . . . . . . . . . . . . . . . . . , . . ,. 21
Changes in Benefits ............"............,................" 21
Pension . . . , . . . . . . . . . . . . . . . . . , . . . . . . . . . . . , , . . , . . . . . . . . . , . . . , . " 22
Training and Training Programs .......,.....,.,.............,....., 22
Skill Pay Supplement ....,.........,..,...................,...... 23
AFSCME - ii
TABLE OF CONTENTS
ARTICLE 9
Section 9.1
Section 9.2
Section 9.3
Section 9.4
Section 9.5
Section 9,6
Section 9.7
Section 9.8
Section 9.9
Section 9,10
Section 9.11
ARTICLE 10
Section 10.)
Section 10,2
Section 10.3
Section 10.4
Section 10,5
Section 10.6
Section 10,7
Section 10.8
Section 10,9
Section 10.10
Section 10.11
Section 10.12
Section 10.13
Section 10.14
Section 10.15
Section 10,16
Section 10.17
Section 10.18
ARTICLE 11
ARTICLE 12
ARTICLE 13
ARTICLE 14
PAGE
SENIORITY
Definition . , , , . . , . . . . . . . , . . . . . , . . . . . . . . , . . , . , , . . , . . . , , , , . . . . . , .. 24
~~,...".,..........,..............,...,',.,..............~
Recalls. , . . . . . . . . , . , , . . . . . . , . . . , . , . . . , . . . , , . , , , . . . . . . . . , . . . . . .. 24
Break in Seniority ........,...........,......................,... 25
Seniority Lists .........,.....,.....,..,.,...............,.,...,. 25
Union Officer Continuation of Duties . . . . . . . . , , . . . . . . . . . . . . . . . . . . . . . .. 25
Promotions .........,.,..",..,..".........",........".,..,. 25
Demotions . . . . . . . . . . . . . , . . . , . . . . . . . . . . . . , . , . . . . . . . . . , . . . . . . . . .. 26
Preference for Out of Class Assignments . . . , . , , . . . , , . . . . . . . . . , . . . . . .. 26
Shift Preference. . . . . . . . , . . . . . . . . , . . . , . . . . . . , . . . . . . . . . . . . . . . , , . ., 26
Temporary Employees .,..,.......,.......,...",................ 26
GENERAL PROVISIONS
Work Rules .,.................................................. 28
Clean-up Time. . . . , , , . . . . . . . . . . . . . . . . . . . . . . , . . . . , . . . . . . . . . . . . . .. 28
Safety .,.....................................,................ 28
Emergency Medical Attention ...........,..,.....,.......,......... 29
Transportation of Employees ........,...,.........,............,.. 29
Transfer . . . . . . . . . . . . . . . . . . . . . . . , . . . , . . . . . . . . . . , . . . . . . . . . . . . . . .. 29
Civic Duty ......."......................,........,......,...., 29
Unpaid Leaves ...................."........................... 29
Negotiation Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . .. 29
Contracting & Subcontracting of Public Works . . . , . . . . . . . . . . . . . . . . . . . .. 29
Sick & Vacation Leave Accrual & Maximum
Payment on Termination ..........,........,......,............. 30
PerrectAttendanceBonus......................................... 30
Changes in Job Specifications & New Classifications ................... 30
Opportunity for Advancement . . . . . . . . , . . . . , . . . . . . . , . . . . . . . , . . . . . . " 30
Union Conventions .....,................,...."...............,. 31
Educational Leave . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 31
Meetings Leave. , . . . . . . . . . . . . . . . . . . . . . . . . , . . . . , . . . . . . . . . . . . , . . .. 31
Union Bulletin Boards ............................,............... 31
DRUG AND ALCOHOL TESTING . . . . . . . . , . . . . , . . . . . . . . . . . . . . . . . . .. 32
SA VINGS .......,.........................,............"...., 34
ENTIRE CONTRACT ,........,........,..,..,........,...",..., 35
TERM OF CONTRACT .,......,...,......".......,.......,...,. 36
EXECUTION ....,..,........,........."................,..............,....",... 37
ELECTION OF REMEDY FORM , , . . . . . . . , . , . . . . . . . . . . . , . . . . . . , . . . . . . . , , , . . . . . . . . , , . . ,. 38
AFSCME - iii
CONTRACT
THIS CONTRACT, made and entered into this /7 It. day of Tu AIr;;;
19 fl, by and
between the CITY OF MIAMI BEACH, FLORIDA, (herein called the "City"), and the MIAMI BEACH
MUNICIPAL EMPLOYEES UNION, LOCAL 1554, (herein called the "Union").
WIT N E SSE T H:
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:
AFSCME - 1
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:
As~stant 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
AFSCME - 2
Section 1.3. 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 discrimiriation, 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 hecfds, 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 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 employee's 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,
f) 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.
AFSCME - 3
ARTICLE 2
DEDUCTION OF UNION DUES
Section 2.1. Checkoff. Upon receipt of a lawfully executed written authorization from an employee, which
is presented to the City by an official designated by the Union in writing, the City agrees during the term of this
Contract to deduct the uniform bi-weekly Union dues of such employees from their pay and remit such
deductions to the Union Treasurer together with a list of the employees from whom deductions were made;
provided, however, that such authorization is revocable at the employee's will upon thirty (30) days written
notice to the City and the Union, The Union will notify the City thirty (30) days prior to any change in its dues
structure.
The Union shall pay, during the term of this Agreement the amount of sixty dollars ($60) annually as a service
charge for implementing and processing the above stated dues deductions. The Union shall make the
payment or'!" 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.
AFSCME - 4
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 on the basis of age, race, creed, color, sex, national
origin, or political beliefs.
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. Affirmation 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 not be subject to the grievance and arbitration procedure of this Contract, however, questions or
complaints concerning examinations may be brought to the Human Resources Director.
AFSCME - 5
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 behalf)
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.
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).
AFSCME - 6
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, or his/her
Representative, within three (3) working days after the designated
Department Head's answer in Step 2, A meeting between the City
Manager, or his/her Representative, 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, or his/her
Representative, shall give the City's written answer to the Union and the
employee within five (5) working days following the meeting,
The Union President or the Chief Steward and the appropriate Department Head may mutually agree in writing
that the first two steps of the grievance procedure set forth above may be bypassed if the circumstances
warrant it.
Section 4.3':' Bindina 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, or the employee(s) himself (themselves), may
refer the grievance to binding arbitration within five (5) working days after receipt of the City's answer in Step
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,
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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. Differences Concerning Personnel Rules. A difference of opinion with respect to the meaning
or application of Personnel Rules which directly affect wages, hours or working conditions may be submitted
by the employee or the Union President or designee to the City Manager or his/her Representative within ten
(10) days after the occurrence of the event giving rise to the difference of opinion. The Human Resources
Director, or his/her Representative, and the City Manager, or his/her Representative, shall discuss the matter
with the employee and the Union Steward or Union Representative at a time mutually agreeable to the parties,
If no settlement is reached at this meeting, the employee retains his/her right to appeal to the Personnel Board
under the statutory procedures governing such appeals.
Section 4.1: Election of Remedies. It is agreed by the Union that employees covered by this contract shall
make an exclusive election of remedy prior to filing a Step I Grievance or initiation action for redress in any
other forum. Such choice of remedy will be made in writing on the Election of Remedy Form to be supplied
by the City. The election form will indicate whether the aggrieved party or parties wish to utilize the grievance
procedure contained in the Contract or process the grievance, appeal or administrative action before a
governmental board, commission, agency or court proceeding. Selection of redress other than through the
grievance procedure contained herein shall preclude the aggrieved party or parties from utilizing said
grievance procedure for adjustment of said grievance.
Section 4.8. 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. Such a grievance shall be submitted to the Department Head within four (4) working days
of the imposition of the discipline, The Department Head, or his/her Representative, and the City Manager
or his/her Representative, shall discuss the grievance within two (2) working days with the employee and the
Union Steward or the Union Representative at a time mutually agreeable to the parties.
If no settlement is reached at this meeting, the employee retains whatever rights he/she may have to appeal
to the Personnel Board under its procedures, rules and regulations, or may elect to take his/her grievance to
arbitration, however an election to arbitrate shall foreclose any resort to the Personnel Board, and an election
to the Personnel Board shall foreclose any resort to arbitration,
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Section 4.9. Union Stewards. Union Stewards shall be designated by the Union. The Union shall be
entitled to 14 Stewards distributed as follows:
Sanitation 2
Parks Maintenance 2:/
Fleet Management 2:/
Water/Sewer 2
Streets and Streetlights 1
Property Management 1
Recreation, Culture & Parks Department and Bass Museum 2
Parking Department 1
Chief Steward 1
:/ Each at a different location.
The Chief Steward shall have the right to function in the absence of any designated Steward. The Union shall
certify in writing to the City the names of the Stewards in each of the foregoing areas who shall be employed
in said area. Stewards shall be permitted during working hours without loss of pay, to investigate, discuss and
process grievances in their respective areas; provided the following conditions are met (1) They first secure
the permission of the Supervisor designated by the City for this purpose (such permission shall not be
unreasonably denied); (2) The Supervisor shall be notified 24 hours prior to investigating, discussing, and
processing grievances on City time (shorter notice may be given in the case of emergencies); and (3) The
Union Steward or Representative will report his/her return to work to the immediate Supervisor upon
conclusion of the use of time for grievance under this section.
Section 4.10. 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 4.11. Union Reoresentation. The Union, in accordance with Chapter 447.401, Florida Statues,
shall not be required to process grievances for employees who are not members of the Union. The Union will,
however, be notified of the filing of all grievances and shall have a right to be present at any scheduled
meetings or hearings held pursuant to Section 4.2 (Grievance Procedure). Employees shall be entitled to
represent themselves throughout the grievance procedure and arbitration; however, in that event, he/she shall
bear the costs which would otherwise have been paid for by the Union.
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ARTICLE 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 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 employee's first regular shift each week. If the workweek is changed, the
employee -kill 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.
Section 7.4. Weekly Overtime. For all hours worked in excess of forty (40) hours during an employee's
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 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.
Section 7.6. No Pyramiding. Compensation shall not be more than once for the same hours.
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Section 7.7. Paid Leave as Time Worked for Puroose of Computing Overtime. A holiday or other paid
leave (excluding workers compensation leave and sick leave) which is observed during an employee's
regularly scheduled workweek shall be considered as time worked for the purpose of computing overtime.
Section 7.8. Rest Periods. Each employee shall be granted a fifteen (15) minute rest period with pay which
will be scheduled whenever practicable approximately midpoint in the first one-half of the employee's regular
work shift and in the second one-half of the shift.
Section 7.9. Sixth Consecutive Day of Work. For all hours worked on an employee's sixth consecutive
workday within his/her workweek, the City shall pay one and one-half (1-1/2) times the employee's straight
time hourly rate of pay, provided the employee has worked his/her full shift on each of the five (5) preceding
workdays; provided that paid leave will not be considered as time worked for the purpose of this Section.
Section 7.10. Seventh Consecutive Dav 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 7.11. 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.
Section 7.12. Reoorting 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 7.13. 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.
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This provision shall not apply to an early call-in or early report which overlaps into the employee's regular shift.
In such case, the early call-in or early report time will be compensated at the employee's regular rate of pay
or at the rate of time and one-half the regular rate of pay if the total hours worked in the workweek exceed
forty.
Section 7.14. Work Schedule. Work schedule shall normally show the employees' shifts, work days, and
hours, and shall be posted when necessary on an appropriate bulletin board.
Section 7.15. Standby. Employees assigned to emergency standby duty in the Sewer Division on observed
holidays shall be issued a beeper and respond to call-in situations, consistent with procedures established
by the Public Works Director or his/her designee. These employees shall receive two (2) hours of straight
time pay as a standby bonus unless they receive call-in pay under Section 7.13, Call-In and Call-Back Pay,
of this Agreement.
,.
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ARTICLE 8
WAGES AND FRINGE BENEFITS
Section 8.1. Wages.
1) Effective with the first pay period ending in May 1998, there shall be a three
percent (3%) across-the-board wage increase to all bargaining unit
members.
2) Effective with the first pay period ending in May 1999, there shall be a three
percent (3%) across-the-board wage increase to all bargaining unit
members.
3)
,.
Effective with the first payperiod ending in May 2000, there shall be a three
percent (3%) across-the-board wage increase to all bargaining unit
members.
Within thirty (30) 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.
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 more than seventy-five (75), shall receive a two
percent (2%) increase on their merit date.
If an annual performance review is not received by Human Resources by a date no later than fifteen (15)
working days after the employee's merit review date, the employee shall be granted a two percent (2%) merit
raise at that time. If his Evaluation warrants a higher merit raise once it has been completed, then, it shall be
made retroactive to his merit date,
Pay adjustments provided herein may not cause an employee's pay to exceed the maximum of his
classification's pay range.
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Section 8.2. Shift Differential. There shall be a shift differential of twenty-five (25) cents per hour for work
performed at the City's request on shifts beginning after 3:00 P.M. and at or before 11 :00 P.M. There shall
be a shift differential of thirty (30) cents per hour for work performed at the City's request on shifts beginning
after 11 :00 P.M. and before 6:30 AM.
Section 8.3. Holidays. The following fourteen (14) days shall be considered holidays: New Year's Day,
Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the
day following Thanksgiving, Christmas Day, Dr, Martin Luther King's Birthday, three (3) floating holidays, and
the Employee's Birthday. Employees shall become eligible for floating holidays and the Birthday Holiday upon
completing six (6) months continuous service with the City.
Section 8.4. Holiday Pay. Employees shall receive eight (8) hours pay at the employee's regular rate of pay
for holidays not worked. An employee who is scheduled to work on a holiday shall receive his/her regular rate
of pay for c::rfl 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 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 and shall be paid as follows:
(a) When an employee, pursuant to a written order from Management, works in an out of
classification assignment in a higher job classification, the employee shall be paid an hourly
rate of ninety (90) cents in addition to the employee's regular hourly rate of pay.
(b) Any employee who is temporarily required to work in a lower-paid classification shall receive
his/her regular hourly rate of pay for his/her regular job classification while working in the
lower job classification,
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Temporary to be defined as an employee who is clearly and definitely performing the principal duties in a
higher-paying classification for more than one-quarter day. It shall be the duty of the supervisor to report any
change in the rates of pay for employees working temporarily out of their classification as herein defined for
more than one-quarter day. 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 by the Department Director 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 January of each year for the term of this Contract. For
the year 1999, the parties acknowledge that the delivery of uniforms may be later than January because of
the contract vendors.
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Section 8.7. Safety Shoes. Employees in the following job classifications will be required to wear safety
shoes during all working hours. Effective as of October 1, 1998, and each year thereafter during the term of
this Agreement, a safety shoe certificate will be provided for up to fifty-five dollars ($55.00) to those employees
in the following job classifications for the purchase of safety shoes meeting ANSIZ41 Federal Safety
Standards. Effective as of May 1, 1999, the start of the second year of this Contract, the safety shoe
certificate will be issued for up to sixty dollars ($60.00).
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 a Union/Management Committee comprised of two (2) Union
representatives and two (2) Management representatives,
Assistant Pumping Mechanic
Diesel Generator Mechanic
Fire Equipment Mechanic
Heavy ESluipment Operator I and II
,. Mechanic I, II and III
Municipal Service Worker I, II and III
Municipal Service Worker Trainee
Park Supervisor
Pumping Mechanic
Sewer Supervisor
Sewer Pipe Fitter
Street Supervisor
Street Lighting Technician I and II
Stores Clerk
Storekeeper I and II
Storekeeper/Mechanic
Tree Trimmer
Water Meter Technician I and II
Waste Collector
Waste Driver Supervisor
Water Pipe Fitter
Water Supervisor
Employees receiving the safety shoe certificate will be required to purchase and wear the safety shoes during
all working hours, 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 Personnel Board or grievable under this Agreement.
Any questions on the interpretation of this paragraph shall be reviewed by the Assistant City Manager/Labor
Relations or in his/her absence, by the Human Resources Director.
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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 for up to fifty-five dollars ($55.00) for the purchase of a
replacement pair of safety shoes when the destroyed or unrepairable pair of safety shoes is turned in to the
Department.
Effective May 1, 1999, the certificate shall be for up to sixty dollars ($60.00). The Department Director, or
his/her designee, shall issue the certificate for the replacement pair of safety shoes on the basis of need and
not on an automatic basis, Further, the replacement of worn heels and/or soles on the safety shoes shall be
the responsibility of the employee and not the City.
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.
Section 8.9. Meal Allowance. An employee who works three (3) or more contiguous hours of post shift
overtime shall be paid six dollars ($6.00).
In the event of emergency conditions, such as the conditions that existed during Hurricane Andrew, and
employees are being 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 employee's 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.
AFSCME - 19
Section 8.11. Tool Allowance. Employees in the Mechanic II, Mechanic III, and Fire Equipment Mechanic
job classifications shall receive a tool allowance of Thirty Dollars ($30,00) per month; 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, shall receive a tool allowance of Twenty Dollars ($20,00) per month. 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.
Each employee shall make his tools available to Management staff for an inventory and/or safety check upon
reasonable notice.
Section 8.12. Bereavement. When there is a death in the immediate family of an employee, (immediate
family shall be defined as father, mother, husband, wife, sister, brother, son, daughter, grandmother,
grandfather, grandchild, mother-in-law, father-in-law, stepmother, stepfather, stepson, stepdaughter) the
employee shall be allowed up to two (2) days off per death, for the purpose of making arrangements and/or
attending the funeral without loss of pay and without charge to accrued sick or vacation days of said
employee. In such circumstances, additional time off may be granted at the discretion of the Department
Head and shall be chargeable to the accrued sick or vacation leave of such employee. Requests for
additional time off shall be submitted in writing to the Department Head.
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Within twenty-one (21) calendar days from the date the employee returns from bereavement leave, the
employee must file a Bereavement Leave Request Form, as provided by the City. A copy of the death
certificate of the deceased family member shall be attached to the Bereavement Leave Request Form.
Failure to produce the death certificate will result in the employee reimbursing the City for any bereavement
leave taken under this Section. Any employee found to have falsely used bereavement leave will be subject
to dismissal.
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 determines is the direct result of the employee's 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 continde for a period of time not to exceed sixteen (16) weeks unless extended by the City Manager 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 bi-weekly 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 Sorayin9 Hazardous Chemicals. Employees who spray hazardous chemicals in
the Parks Division shall receive a fifty (50) cents per hour supplement for time spent actually spraying the
hazardous chemicals. The definition of "hazardous" shall be consistent with the current definition as of
ratification.
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,
AFSCME - 21
Section 8.18. Pension.
Pensionable Compensation: Includes all compensation which is presently included for employees who
became members before November 1, 1976.
Under the previous Agreement dated May 1, 1992 through April 30, 1995, for all new hires, new hires being
those employees hired on or after April 30, 1993, the compensation benefits should be based on salary and
longevity only,
EliQibility for Service Retirement: Age 50 with 5 years of service.
Definition of Dependent: Child who has not attained the age of 18, or 25 if a full-time student, a dependent
child regardless of age who is mentally or physically handicapped, and a dependent parent. Dependents
share equally the spouse's share.
Amount oflVlonthly Service Retirement Benefit: Three percent (3%) of the final average monthly earnings
(FAME) for each of the first 15 years of creditable service and four percent (4%) of FAME for each year
in excess of 15 years, provided the benefit is not in excess of ninety percent (90%) of FAME
Emplovee Contributions: Increased from eight percent (8%) to ten percent (10%) of salary on a pre-tax
basis, effective as of April 30, 1993 under the previous Agreement.
Under the previous Agreement, and effective as of April 30, 1993, the General Employees' Pension System
Ordinance was amended to provide a bifurcated pension plan with all new hires being covered by either the
City's new pension plan as outlined in the "Green Report" and discussed in the bargaining process, or by an
optional 401-A Plan to be adopted with the "Green Report" pension plan.
Said newly-hired employees shall make a one-time, mandatory election upon being hired as to which pension
option he/she is eligible to select. All administrative costs of the Pension Plan currently funded from the City's
General Fund shall be borne by the Pension Plan.
Section 8.19. Training and Training ProQrams. 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.
AFSCME - 22
Section 8.20. Skill Pay Supolement. Effective May 1, 1999, employees assigned to the classification of
Mechanic in Fleet Management will receive a Skill Pay Supplement of forty dollars ($40) per month for each
month in which they are ASE certified as an "Automobile Technician" or "Truck Technician", or " Compressed
Natural Gas Technician", but no more than eighty dollars ($80) per month.
;"
AFSCME - 23
ARTICLE 9
SENIORITY
Section 9.1. Definition. For the purposes of this Article only, seniority shall be defined as an employee's
length of continuous service with the City (paid time as presently calculated) dating from his/her last date of
hire.
Section 9.2. Layoffs. 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 fur:ther 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 exceed a total of ninety (90) calendar days in a six-month period.
AFSCME - 24
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.
f) fails to report to work within five (5) workdays after date of written notice of recall to work after
a layoff given by the City by certified or registered mail and addressed to the employee at
his/her last address appearing on the records of the City. It shall be the employee's
responsibility to p'rovide 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 Officer 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.
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.
AFSCME - 25
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 f(om 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 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. Temporarv EmDloyees. 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 at the entry level step
of Tier B for the classification they fill.
Such temporary employees so hired may not exceed one (1) year of continuous employment at anyone time.
Further, temporary employees may not work in a classification wherein a permanent Civil Service employee
is laid off.
AFSCME - 26
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 - 27
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. Where facilities are provided, they shall be properly supplied.
Section 10.3. Safety. The City agrees to comply with all laws applicable to its operations concerning the
health and ~afety 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.
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.
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.
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.
AFSCME - 28
Section 10.4. Emergency Medical Attention. 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.
Section 10.5. Transportation of Emplovees. The City agrees that whenever employees must be
transported from an assembly point to a work site, or from one work site to another, during inclement weather,
such as rain or cold, the means of transportation will be by an enclosed vehicle, wherever possible.
Section 10.6. Transfer. Transfer requested by employees to positions in the same classification or pay
range within the City's employ may be affected in accordance with the Personnel Rules. The City shall make
reasonable efforts to find suitable work for employees who suffer a physical ailment, injury or disability.
Section 10.7. Civic Duty. Employees required to appear before a court of law or other public body on
matters no(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 10.8. 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 10.9. Neaotiation 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.
Section 10.10. Contracting and Subcontracting of Public Works. If the City believes that it is necessary
to contract out or subcontract work where the direct effect would result in the layoff of employees, the City will
meet with the Union prior to making the decision.
AFSCME - 29
If a decision is made to contract out or subcontract work, after the Union has had a reasonable opportunity
to present alternatives to the contracting or subcontracting proposal and to have those alternatives
considered, any reduction in force will be handled insofar as practicable through attrition and/or transfer to
other positions.
Section 10.11. 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.
Effective October 1, 1978, all new employees covered by the agreement shall, under applicable ordinances,
rules and regulations: be allowed no accumulation of vacation leave except in accordance with provision for
postponement of vacation leave; be permitted to transfer sick leave in excess of 360 hours to vacation leave
at the rate c1'f 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 360 hours vacation
leave and one-half of sick leave to a maximum of 360 hours. Therefore, the maximum combined payment
cannot exceed 720 hours,
Section 10.12. Perfect Attendance Bonus. Employees who perform the full scope of their regularly
assigned classification for the full term of Fiscal Year 1998/1999 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. This bonus shall be paid in December 1999. The bonus
program shall be in effect again in Fiscal Years 1999/2000 and 2000/2001 for employees who have perfect
attendance in those years.
Section 10.13. Chanaes 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
President prior to implementation or submission to the Personnel Board.
Section 10.14. 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,
AFSCME - 30
Section 10.15. Union Conventions. Up to five (5) duly authorized delegates of the Union may request a
leave of absence without pay, not to exceed three (3) weeks per delegate in 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 shall be submitted at least one month prior to commencement of the leave and said requests will
not be unreasonably denied.
Section 10.16. Educational 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 10.17. 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, including City Commission meetings, when
a matter re1ating to the Union is on the agenda for such meeting and if prior notice to the representative's
supervisor has been given.
Section 10.18. 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 Yard - 451 Dade Boulevard
2) Sanitation - 140 MacArthur Causeway
3) Parking Department Shop - 140 MacArthur Causeway
4) Fleet Management - 140 MacArthur Causeway
5) Parks Maintenance Division, 2100 Meridian Avenue
6) Tenth Street Auditorium
7) Water Pump Station - 25th and Prairie
AFSCME - 31
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
intoxalyzer when it has a reasonable suspicion that an employee is under the influence of or using alcohol,
drugs or narcotics and/or when an employee is negligently 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 shall be subjected
to a second test.
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 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.
Section 11.7. Drug/Alcohol TestinQ. 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 of employee 1.0, numbers by the
Human Resources Department.
AFSCME - 32
Employees testing positive may be offered the opportunity to enter into a "Last Chance Agreement" 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.
,.
AFSCME - 33
ARTICLE 12
SA VINGS
In the event any article, section, or portion of this Contract should be held invalid and unenforceable
by any court or higher authority of competent jurisdiction, such decision shall apply only to the 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 - 34
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 - 35
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, 2001.
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 o(t,er party at least ten (10) days written notice of its desire to terminate this Contract.
AFSCME - 36
Executed by the parties hereto on the niL day of .J CI AlE""
1998, by the Mayor
and City Clerk.
AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES,
LOCAL 1554 (AFSCME)
CITY OF MIAMI BEACH, FLORIDA
By:
By:
.
/
,/
/
Attest~r ~
ity Clerk
,1998
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
:Ig
c:/UNION.CTR/AFS98-01.CTR
1'1 ! / / .
.' ! , I( "!.~ I; (t
t' ~"";J.~~~r!"':,!\I
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-. I'):'
Oafe
AFSCME - 37
AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES
AFSCME LOCAL 1554
ELECTION OF REMEDY FORM
Grievance No. (if applicable)
This form must be completed and signed prior to the second step of the grievance
procedure, or at the time when appeal to Personnel Board is filed.
Employee must elect, sign, and date only one of the two following choices:
IlVVe elect to utilize the Grievance Procedure contained in the
current Contract between the City of Miami Beach, Florida, and
AFSCME Local 1554.
1.
~.
Signature
Date
IlVVe 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.
2.
Signature
Date
If Number 1 is elected, sign if you wish to authorize the following:
IlVVe hereby authorize AFSCME Local 1554 to process the attached
grievance on my/our behalf.
Signature
Date
AFSCME - 38