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95-21464 RESO . , . RESOLUTION NO. 95-21464 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH APPROVING THE THREE-YEAR LABOR AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND THE COMMUNICATIONS WORKERS OF AMERICA, LOCAL 3178, FOR THE PERIOD OCTOBER 1, 1994, TO SEPTEMBER 30,1997. WHEREAS, the City Manager has submitted for consideration by the Mayor and City Commission of the City of Miami Beach, a Labor Agreement by and between the City of Miami Beach and Communications Workers of America, Local 3178, the bargaining agent currently certified by the Public Employees Relations Commission for employees covered by the agreement; and WHEREAS, the Labor Agreement for the three-year period of October 1, 1994, through September 30, 1997, is attached as Exhibit "N; and WHEREAS, the previous Labor Agreement for a one-year period commencing on October 1, 1992, between the City of Miami Beach and the Miami Beach Employees Benevolent Association was Imposed by the Miami Beach City Commission on January 28, 1994, after a Special Master's Report and Recommendation; and WHEREAS, the City Manager has recommended that the City Commission approve the attached Labor Agreement. 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 Communications Workers of America, Local 3178, is approved in accordance with and subject to the provisions of Chapter 447, Part II, Florida Statute, in the name and on behalf of the City of Miami Beach and that the financial officers of the City be and are hereby irected to make the disbursements called for by the Agreement from funds of the City available for su purposes and upon ratification by both parties. PASSED and ADOPTED this 18t Mayor ATTEST: FORM APPROVED: ~tlrAAl?/ ~ C. Clerk --:rc.:s> /. (2.- -{-r- City Attorney RMC:lg l:COMM-MEM08192 RES94CWA.CTIl . CITY'OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. :) J..,-qS TO: Mayor Seymour Gelber and Members of the City Commission Roger M. Carltu 1\" /I I City Manager ""'1l~ COMMUNICATIONS WORKERS OF AMERICA. ICWAI. LABOR CONTRACT/APPROVAL AND IMPLEMENTATION OF AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CWA LOCAL 3178 FOR A THREe (31 YEAR PERIOD FROM OCTOBER 1. 1994, TO SEPTEMBER 30. 1997 DATE: January 18. 1995 FROM: SUBJECT: ADMINISTRATION RECOMMENDATION: The Administration recommends that the City Commission approve and Implement the attached Labor Agreement negotiated with the CWA Local 3178, for the three year period commencing on October 1, 1994, to September 30, 1997, by taking the following action: 1) Adopt the attached resolution which approves the labor Agreement between the City of Miami Beach and the CWA for the period from October 1, 1994, through September 30,1997. 2) Adopt the attached ordinance on first reading, which amends Ordinance No. 789 and provides for the following, and schedule a pUblic hearing and second reading on February 1, 1995: a) a six percent (6%) salary Increase for classification in Group IV.A and Group IV.B, effective retroactively to October 3, 1994; a-1) Increase the maximum of Tier B salary ranges to that of Tier A salary ranges; b) a five percent (5%) salary increase for classifications In Group IV.A and IV.B, effective October 2, 1995; c) a five percent (5%) salary increase for classifications in Group IV.A and IV.B, effective September 30 1996. BACKGROUND: On December 12, 1994, the Administration successfully negotiated a three-year labor contract with the Communications Workers of America, Local 3178. The prior agreement for this bargaining unit was with the Miami Beach Employees Benevolent Association, and the contract was Imposed by the Miami Beach City Commission on January 29, 1994, after the Special Master's Report and Recommendation was presented. continuedu. AGENDA ITEM R ~ 5 - A DATE--.J-l'C\-9S Commission Memo' Page 2 January 18, 1995 The CWA now represents this bargaining unit and this is the first agreement negotiated by the parties, so the collective bargaining process was extremely intense, as the contract consists of twelve articles containing more than 58 sections, which were all reviewed during negotiations. The CWA membership completed the process of voting to ratify the Labor Agreement, with the final vote being 89 for the contract and 10 against. PROPOSED AGREEMENT Although the parties negotiated for their respective best Interests, the prime concern was to work together to ensure a fair compensation package for all the employees, as well as the City. The following is a summary of the major provisions and highlights of the Agreement. WAGES 1) Effective with the payroll date of October 3, 1994, there shall be a wage increase of six percent (6%). 1A) The Tier B wage scale will be modified so that there wnt be three (3) additional steps included at the top of the existing range, so as to ultimately provide those employees who were hired under Tier B of the wage plan to be on the equivalent Tier A pay scale. 2) Effective with the payroll date of October 2, 1995, there shall be a wage Increase of five percent (5%). 3) Effective with the payroll date of September 3D, 1996, there shall be a wage Increase of five percent (5%). The estimated cost for Fiscal Year 94/95 is $400,000, a portion of which is provided in the current budget, and the additional funding necessary to cover the costs is expected from savings In other areas. OTHER ECONOMIC ISSUES Other non-major economic increases affects tool allowances, uniform cleaning allowances, and provides for various types of equipment related to employee safety and job performance. The costs for these Improvements will not exceed $20,000 during the next three years. Further, an understanding was reached acknowledging the "Classifications and Compensation" Study which is being conducted by Hendricks and Associations. Inc. The understanding reached by the parties addressed the concept of "red-circling' and outlined what will occur with those employees who might be earning more than the wage scales which are to be recommended by the consultant. Such 'red-circled" employees will not receive any additional wage increases until their new classification wage range meets or exceeds the current maximum pay rate for the individual's classification. continued". . Commission Memo Page 3 January 1 B, 1995 COSTS AND AVAILABLE RESOURCES The total cost increase for Fiscal Year 94/95 is estimated at $420,000 maximum. A portion of the increase was anticipated and provided in the current budget It is expected that other savings will provide the additional funding necessary to fund the contract increases. CONCLUSION: While neither side of the bargaining process was able to achieve all their expectations, I believe the agreement that was reached is within the City's financial ability. I wish to thank CWA's bargaining team, and particula~y, Elizabeth Wells, CWA President, as well as the members of the City's negotiation team. The union was represented by two CWA International Representatives, and the negotiations were very professional and businesslike, which was substantially different than the preceding labor contract negotiations. The bargaining sessions were, at times, very intense, but the parties were committed to negotiating am agreement that not only represents a commitment by the CWA to the Administration, but that supports our efforts to maintain the City's fiscal health in the future. RMC:DRM:lg Attachments o:COMM-MEM08I92 CWA9<<:t1lCM ;, )" " ,\;" l. AGREEMENT Between CITY OF MIAMI BEACH, FLORIDA and the COMMUNICATIONS WORKERS OF AMERICA (CWA) LOCAL 3178 Period Covered October 1, 1994 to September 30, 1997 \ , , . :' \,. d .,' I " ' . , TABLE OF CONTENTS lMlE AGREEMENT 1 PREAMBLE 2 ARTICLE I . Employee and Union Rights Section 1. A. Section I.B. Section 1. C. Section 1.0. Employee Rights During Meetings or Interviews Notice of Disciplinary Action Retaliation for Exercising Rights Union MembershiplRight of Union to Represent Only Members Access to Personnel Records Employee Bargaining Team Recording Devices Polygraph Examinations 3 3 4 Section I.E. Section I.P. Section I.G. Section I.H. 4 4 5 5 5 ARTICLE D . Deduction of Union Dues Section 2. I. Section 2.2. Checkoff Indemnification 6 6 ARTICLE ill - Grievance Procedure Section 3.A. Section 3.B. Section 3.C. Section 3.0. Section 3.E. Section 3.P. Section 3.G. Purpose Definitions Special Provisions Grievances Involving Discipline Informal Resolution Election of Remedies Grievance Procedures Arbitration 7 7 8 10 10 11 11 13 ARTICLE IV - No Strike and No Lockout Section 4.1. Section 4.2. No Strike No Lockout 15 15 , . r ~ " ' " TABLE OF CONTENTS EMIl ARTICLE V - Management Rights 16 ARTICLE VI - Hours of Work and Overtime Section 6.L Section 6.2. Section 6.3. Section 6.4. Section 6.5. Section 6.6. Purpose Normal Workday Normal Workweek Overtime Distribution of Overtime Opportunity Holiday Celebration and Pay for Working On Holiday Rest Periods Reporting Pay Come Back Pay Clean-Up Time No Pyramiding 17 17 17 17 18 Section 6.7. Section 6.8. Section 6.9. Section 6.10. Section 6.1L 18 19 19 19 20 20 ARTICLE vn - Wages and Fringe Benefits Section 7. L Section 7.2. Section 7.3. Section 7.4. Section 7.5. Wages Shift Differential Holidays Bereavement Leave Rate of Pay When Working Out of Classification Voting Time Meal Allowance Jury Duty Tool Allowance Cleaning Allowance Uniform Provision Insurance Pension 21 21 22 22 Section 7.6. Section 7.7. Section 7.8. Section 7.9. Section 7.10. Section 7.1L Section 7.12. Section 7.13. 22 23 23 23 23 23 23 24 24 ARTICLE vm - General Provisions Section 8. L Section 8.2. Section 8.3. Section 8.4. Section 8.5. Discrimination Meetings Between Parties Reduction in Wode Force Work Rules Probationary Employees 26 26 26 26 26 ii ..' TABLE OF CONTENTS ~ ARTICLE vm - General Provisions, continued Section 8.6. Section 8.7. Section 8.8. Section 8.9. Section 8.10. Section 8.11. Temporary" Employees Political Activities of Employees Safety Parking Glasses Notification in the Event of Transfer or Contracting Out Drug Testing Stress ReductionIPolice Department's Public Safety Communications Division Bulletin Boards Seniority 27 27 27 28 28 Section 8.12. Section 8.13. 28 29 Section 8.14 Section 8.15 29 29 30 ARTICLE IX - Waiver and Entire Agreement 31 ARTICLE X - Recognition Section 10.1. Section 10.2. Representation and Bargaining Unit Unit Description 32 32 ARTICLE XI - Savings 33 ARTICLE XII - Tenn of Contract 34 MEMORANDUM OF UNDERSTANDING/MISCELLANEOUS 35 MEMORANDUM OF UNDERSTANDING/SICK LEAVE 36 MEMORANDUM OF UNDERSTANDING/INFORMATION TO BE PROVIDED TO UNION 38 EXECUTION 39 ELECTION OF REMEDY FORM 40 iii I' \, AGREEMENT THIS AGREEMENT, was made and entered into on this 18th day of by and between the CITY OF MIAMI BEACH, FLORIDA (herein COMMUNICATIONS WORKERS OF AMERICA (herein called the "Union"). 1 " (. January 19 95 '-' called the "City"), and the , . . " PREAMBLE WHEREAS, the Union bas been selected as the sole and exclusive bargaining representative by a Illl\iority of the employees set forth in the Appendix, and has been recognized by the City pursuant to the Laws of Florida as the sole and exclusive bargaining representative for said employees; WHEREAS, the City and the Union have voluntarily endorsed the practices and procedures of collective bargaining as a fair and orderly way of conducting relations between the City and the employees covered by this Agreement insofar as such practices and procedures are appropriate to the obligations of the City to retain the right effectively to operate the various departments of the City and are consonant with the paramount interests of the public; WHEREAS, it is the intention of the parties to this Agreement to provide, where not otherwise mandated by statute, for the salary schedule, fringe benefits and conditions of employment of the employees covered by this Agreement, to provide for the continued and efficient operation of the various departments of the City, and to provide an orderly and prompt method of handling and processing grievances; NOW, THEREFORE, the parties agree with each other as foIlows; 2 , ". I ,.. ARTICLE I EMPLOYEE AND UNION RIGHTS Section I.A. Emolovee Rilrhts DuriIU! MeetilU!s or Interviews 1. An employee shaIl be entitled to request Union representation at all meetings or interviews where the representative of the City intends either to seek to gain information from the employee which may become a part of the written disciplinary record of the employee, or where the representative of the City notifies the employee of any disciplinary decision affecting his interest. 2. The employee shaIl be informed of the nature of the meeting or interview and be given a reasonable period of time prior to the meeting or interview to contact and consult with the Union. Nothing contained herein shaIl preclude an employee from legal representation in the event of a criminal investigation. 3. The City will endeavor to advise the Union of all such meetings or interviews with employees. 4. All meetings and interviews will be held in the City at a reasonable hour during the employee'. shift or contiguous to the shift on the clock, unless an emergency or serious condition prevents such action. Section I.B. Notice of Disciolinarv Action - No reprimand, suspension, demotion, punitive transfer, or punitive reassignment which results in loss of pay shall be taken against an employee unless he/she is notified of the action, and the reason(s) for such action given specificaIly prior to the action. Notice in writing shaIl be given to the employee as soon as practicable. If such disciplinary action is taken against any employee which results in loss of payor monetary benefits or denial of annual merit increase, Management will adhere to the Personnel guidelines set forth in their guide for Evaluators: 1) The employee must have received a Special Report during the evaluation period informing him/her of the less than satisfactory performance and what action should be taken for improvement A copy of the Special Report must be submitted with the Annual Evaluation Report. 3 , " 2) The employee must have received a warning during the evaluation period at least sixty (60) but no more than ninety (90) days prior to an employee receiving a less than satisfactory performance. If the unsatisfactory work performance occurred prior to ninety (90) days before the anniversary increase was due. The warning must state what action the employee must take to correct the unsatisfactory performance. A copy of the warning shall be submitted with the Annual Evaluation Report. Annual merit increases are not automatic and may be denied. If Management elects to deny an annual merit increase, it will be consistent as outlined above. The Human Resources Department will be responsible for monitoring the progress or lack of progress on the employee's effort to correct the problem which led to the unsatisfactory rating. Such follow-up shaH be every ninety (90) days after the corrective process commenced. Upon correction of the problem, the employee will be granted the annual increase. Section 1.e. Retaliation for ExercisiOll Rie:hls - No employee, supervisor or management person shall be retaliated against or be threatened with any such retaliation by reason of histher exercise of any rights set forth in this Agreement. Section l.n. Union MembershiD-Rie:ht of Union to ReDresent Only Members - The City and the Union agree not to interfere with the right of employees to become or not become members of the Union, and further, both parties agree that there shall be no discrimination, interference, restraint, or coercion against any employee because of Union membership or lack of it; except that the Union may process grievances for, advise, or participate in meetings or interviews on behalf of members only. Section 1.E. Access to Personnel Records - Upon reasonable request, an employee shall have the right, in the presence of an appropriate representative of the employer, to review and copy all or any portion of the employee's official records which are or may become a part of the personnel file maintained by the Human Resources Department The employer may charge a reasonable fee for such copying. Employees will be provided with a copy of records or letters that are to be placed in the employee's Personnel File maintained in either Human Resources or in the Department file, which adversely reflect upon the employees work performance. The employee shall be allowed to place in his personnel file a response of reasonable length to anything contained therein which the employee deems to be adverse. 4 . . 1 t' ',. It is specificaIly understood that this provision shaIl not in any way alter or modify the Personnel rules concerning tests or examinations and the period of time which an employee has to review tests or examinations which he/she has taken. Section I.F. EmDlovee BamainiDl! Team - The City agrees that the Union shaIl be permitted up to five (5) employees to serve on a coIlective bargaining team in any coIlective bargaining negotiations with the City, and that such persons shaIl be compensated at their regular salary when negotiations are during regular working hours. The Union may appoint alternates who shaIl be compensated instead of regular members of the coIlective bargaining team for those periods of time when they actually serve on the bargaining team. Section I.G. Recordinl! Devices - No mechanical recording devices of any kind shaIl be used in discussions between department heads, division heads, or supervisors and employees unless the parties mutuaIly agree otherwise. It is specificaIly understood that this subsection shaIl not in any way apply to any City Board. Section I.R. Polvl!ranh Examinations I. A bargaining unit member may be required to submit to a polygraph test, or any other electronic examination, the purpose of which is to test the truthfulness of the employee when investigating a work place theft only when there is reasonable suspicion to believe that the employee is involved. 2. It is understood that bargaining unit members may be required to take a polygraph examination when such examination is a pre-condition of their initial employment with the City. A bargaining unit member may be required to take a polygraph for promotion or transfer into a department that has required polygraph tests. 3. Such polygraph test shaIl be conducted by an independent, professional examiner as selected by the City. Nothing contained in the Agreement shaIl abridge the rights of individual employees or the rights of the City under Florida law. 5 . , " , t' t " ARTICLE IT 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 Agreement to deduct the uniform Union dues and assessments of such employees from their pay and remit such deductions to the Union Treasurer; provided, however, that such authorization is revocable at the employee's will upon thirty (30) days' written notice to the City and the Union. The Union will notify the City thirty (30) days prior to any change in its dues and assessments structure. The Union shall pay, during the term of this Agreement, the amount of sixty ($60) dollars annually as a service charge for implementing and processing the above-stated dues and assessments deductions. The Union shall make the payment on or before April I of each year of the Agreement. Section 2.2. Indemnification. - The Union agrees to indemnify and hold the City harmless against any and alJ claims, suits, orders or judgments brought or issued by the City under the provisions of this Article; provided, however, this Section shall not apply to any act or failure to act on the part of the City resulting from its own willful behavior. In the event of an error in dues deductions, transfer should be transmitted thirty (30) days after written notification. 6 . . ,,' r " ARTICLE m GRIEVANCE PROCEDURE Section 3.A. Pumose. - It is recognized that complaints and grievances may arise between the bargaining agent and the employer or between the employer and anyone or more employees concerning the application or interpretation of any provision of this Agreement. The employer and the bargaining agent desire that these grievances and complaints be settled in an orderly, prompt and equitable manner so that the efficiency of the City of Miami Beach may be maintained and the morale of employees not be impaired. Every effort will be made by the employer, employees and bargaining agent to settle the grievances at the lowest level of supervision. The initiation or presentation of a grievance by an employee wiII not adversely affect his standing with the employer. No reprisals of any kind will be made by agents of the City against the grievant(s) or the Union's representatives by reason of such participation in the processing of their grievance. Similarly, the Union, its officers or agents, shaII not impede, malign, or delay the City or management's representative in their duties during the investigation or processing of said grievance. In order to investigate, discuss and process grievances, representatives must request permission 24 hours in advance (except in emergencies), and report their return to work upon conclusion of the use of time for grievance matters. Section 3.B. Definitions. 1. Grievance - a grievance is a dispute involving the interpretation or application of the express terms of any provision of this Agreement, excluding matters not covered by this Agreement or where Personnel Board rules and regulations are involved; provided, that disciplinary actions, including discharges, but not including verbal admonishments, may be grieved under this Article; further provided that the reasonableness of new or changed work rules and whether there has been reasonable application of old or new work rules and lay-off provisions of the Personnel Board's rules and regulations, may be grieved under this Article. The reasonableness of work rules which were negotiated is not grievable. 2. A22rieved EmDlovee(s) - the employee(s) filing the grievance or causing the grievance to be filed. 3. Immediate Suoervisor - the individual having immediate supervisory authority over the aggrieved employee(s). 4. Division Head - the head of the division in which the aggrieved employee(s) works. 7 , .. 5. Denartment Head - the head of the department in which the aggrieved employee(s) works. 6. Davs - as referred to in the time limits herein, days shall mean working days (i.e., Monday throughPriday, exclusive of scheduled holidays). Section 3.e. Snecial Provisions. L The time limits set forth herein may be extended and/or modified by mutual agreement. 2. If the employer violates any time limits, the bargaining agent may advance to the next step without waiting for the employer's response. If the Union, or the grievant(s) fail to initiate or move the grievance to the first or next step of the grievance procedure, as set forth herein (time limits), it shall be untimely and considered withdrawn. 3. The parties acknowledge that, as a principle of interpretation, employees are obligated to work as directed while grievances are pending; except where the safety of a working condition or health of the employee(s) is the basis of the grievance. 4. AggrieVed employees, a reasonable number of employees, not to exceed three (3), called as witnesses, and a specifically designated Union representative, shall be allowed to be present at the various formal steps of the grievance procedure, including arbitration, to the extent said employees are on their regnlar work schedule, they may attend without loss of pay for those actual hours during their regnlar work schedule. The Union shall notify the City Manager's designee for Labor Relations of who it wishes to call, and then Management will schedule the witnesses to be available as needed. The City will pay for no more than three (3) Union witnesses at an arbitration hearing. S. The Union shall designate to the City the names of the seventeen (17) Union representatives, plus one individual who shall be designated as the Chief Union Representative, whose function shall be to assist unit members in the processing of complaints and grievances under this procedure. City of Miami Beach employees other than those designated Union representatives shall not be granted time off from work without loss of pay for the processing of grievances with the exception that the President or designee of the Union shall be granted time off with pay to attend and/or participate in appeals to Step III and Arbitration. 8 . . " , " Representatives shall be permitted during working hours without loss of pay to investigate, discuss, and process grievances in their respective areas, provided the following conditions are met: a) that they first secure the permission of their immediate supervisor (such permission shall not be unreasonably denied); b) that the supervisor shall be notified twenty-four (24) hours prior to investigating, discussing, and processing grievances on City time (shorter notice may be given in the case of emergencies); and c) that the representative will report hislher return to work to the immediate supervisor upon conclusion of the Use of time for grievance matters. It is agreed by the union that the above list shall be provided on a quarterly basis to the employer and updated as to changes in the composition of the designated representative. 6. An employee may request Union representation in accordance with the provisions of this Agreement at each and every step of the grievance procedure set forth in this Agreement. 7. The bargaining agent, in accordance with its own lawful internal rules, shall have the sole and exclusive right to determine whether any grievance warrants processing through this procedure. In the event the bargaining agent determines at any step of the grievance procedure that a grievance does not warrant processing, a written notification of that determination shall be sent to the Persoonel Director, with a copy to the City Manager's designee for Labor Relations, and to the employee(s) involved who shan then be free to process it themselves or through legal counsel. 8. If the bargaining agent has declined to process or further process any grievance presented to it, and if any employee, or group of employees, desires to process it or further process their own grievance through this procedure, the bargaining agent shall be sent copies of an written communications sent by the employer or the employee(s) involved. Further, nothing herein contained shall be construed to prevent any public employees from representing, at any time, their own grievance in person or by legal counsel to the employer, and having such grievance(s) adjusted without the intervention of the bargaining agent, provided however, that the adjustment is not inconsistent with the terms of the collective bargaining agreement then in effect; and provided further that the bargaining agent has been given notice and a reasonable opportunity to be present at any meeting called for the resolution of such grievances. 9. The bargaining agent shan not be responsible for any costs attendant to the resolution of any grievance(s) it has not processed. 9 , . .. . . . . 10. The parties acknowledge that multiple grievances may be combined at any stage of the grievance procedure where the class of aggrieved employees is clearly defmed and the subject matter of the grievances is the same or similar. II. At Step I, all formal grievances presented shall include the date of the alleged violation, the specific article and section grieved; a brief description of the grievance, and the remedy requested. The Election of Remedy Form shall be attached to the grievance. Grievances processed without the Election of Remedy Form shall be returned to the president or the grievant(s). They shall be given five (5) days to submit the Election of Remedy Form. In the event the president or the grievant(s) is not working at the time, upon returning to work they shall be given five (5) days to submit the form. Failure to meet this time limit, the grievance shall be considered as withdrawn. Section 3.D. Grievances Involvil1l! Discioline. - Discipline shall be only for just cause and shall include written reprimand, suspension or dismissal. Any regular employee who is disciplined, and who has completed the required probationary period, may file a grievance pursuant to the provisions of this Article. The Union or employees not represented by the Union in a grievance or who are not members of the Union may file discipline grievances at either Step I, II, or III within ten (10) days of the written notice of action. Section 3.E. Informal Resolution. - The Method of resolving differences between the employer, and employee(s) and/or the bargaining ageot shall be as follows: 1. The employee(s) may register a complaint with the immediate supervisor for the purpose of attempting informal resolution of the difference of opinion. The informal complaint shall be submitted within five (5) days of the incident giving rise to the complaint 2. If the aggrieved employee(s) and the immediate supervisor fail to resolve the complaint informally, the aggrieved employee(s) or the bargaining agent may file a grievance. 3. If the employee chooses to seek informal resolution, the time for filing the grievance shall commence upon receipt of the reply of the immediate supervisor. 4. No final decision will be made on an informal resolution without the City Manager or his Labor Relations designee being advised. 10 . " , .' Section 3.F. 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 first step grievance or initiating action for redress in any other forum. Such choice of remedy will be made in writing on the form to be supplied by the City. The Election of Remedy Form will indicate whether the aggrieved party or parties wish to utilize the grievance procedure contained in the Contract or initiate action for redress before a governmental board, 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. The Election of Remedy Form shall be attached to the grievance. Grievances processed without the Election of Remedy Form shall be returned tu the Union President or the Grievant(s). They shall be given five (5) days to submit the Election of Remedy Form. In the event the President or the Grievant(s) is not working at the time, upon returning to work they shall be given five (5) days to submit the form. Failure to meet this time limit, the grievance shall be considered as withdrawn. GRIEVANCE PROCEDURES: STEP I a. The grievance shall be filed within ten (10) days of the alleged violation, misinterpretation or misapplication of the tenns and conditions of employment set forth in this Agreement. b. The grievance shall be filed with the division head in writing, on the Grievance Form as provided by the City, and as agreed herein, and shall state the specific article, section and language alleged to have been violated. The Election of Remedy Form shall be attached to the grievance. Grievances processed without the Election of Remedy Form shall be returned to the Union President or the Grievant(s). They shall be given five (5) days to submit the Election of Remedy Form. In the event the President or the Grievant(s) is not working at the time, upon returning to work they shall be given five (5) days to submit the form. Failure to meet this time limit, the grievance shall be considered as withdrawn. c. The division head or hislher designee shall note the date of receipt of the grievance, and shall seek to meet the aggrieved employee at a mutually agreeable time within five (5) days of receipt of the grievance. d. Within five (5) days of the meeting, the division head shall render a decision and shall immediately communicate that decision in writing to the aggrieved, the bargaining agent, and the department head. If the decision is to deny the grievance, the reasons for denial shall be specifically stated. e. The aggrieved employee(s) and/or the bargaining agent may appeal the decision of the division head within seven (7) days of receipt of the decision. 11 , . .. f. The appeal shall be submitted in writing to the department head. Failure to appeal the decision of the division head within seven (7) days shall constitute acceptance by the aggrieved employee(s) and the bargaining agent of the decision as being a final resolution of the issues raised. STEpn a. If the aggrieved employee(s) appeals the decision, the department head shall schedule a meeting to take place at a mutually agreeable time not more than five (5) days after receipt of the appeal. The exclusive bargaining agent shall be advised in writing as to the date of the proposed meeting, and shall have the right to send one (I) observer to the proceedings if the bargaining agent is not involved in the actual representation of the aggrieved employee(s). b. Within five (5) days of the meeting, the department head shall render a decision and shall immediately communicate that decision in writing to the aggrieved employee(s), and to the bargaining agent. If the decision is to deny the grievance, the reasons for denial shall be specifically stated. c. The aggrieved employee(s) may appeal the decision of the department head within seven (7) days of receipt of the decision. The appeal shall be communicated in writing to the Personnel Director. Failure to appeal the decision of the department head within seven (7) days shall constitute acceptance by the aggrieved employee(s) and the bargaining agent of the decision as being a final resolution of the issues raised. STEpm a. If the aggrieved employee and/or a representative of the bargaining unit appeals the decision, the City Manager, or hislher designee, shall schedule a meeting to take place at a mutually agreeable time not more than twelve (12) days after receipt of the appeal. b. Within twelve (12) days of the meeting, the City Manager or hislher designee shall render a decision and shall immediately communicate that decision in writing to the aggrieved employee and the bargaining agent. If the decision is to deny the grievance, the reasons for denial shall be specifically stated. c. Failure to appeal the decision rendered in Step III within twelve (12) days by notice of intent to submit to arbitration shall deem the decision at Step III to be final and no further appeal will be pursued. 12 .' . . Section 3.G. Arbitration. - If the employer and the aggrieved employee(s) and/or the bargaining agent fail to resolve the grievance, the grievance may be submitted to final and binding arbitration by an impartial neutral mutually selected by the parties. a. Notice of intent to submit the grievance to arbitration shall be communicated in writing to the office of the City Manager's designee for Labor Relations within twelve (12) days of the receipt of the decision at Step Ill. Any request to go to arbitration on behalf of the employer is to go to the Union President b. Within seven (7) days after written notice of submission to arbitration, the parties will attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified time, a request for a list of five (5) arbitrators shall be submitted to the Federal Mediation and Conciliation Service. Both the City and the Union shall have the right to strike two (2) names from the panel. The striking of names from the list of proposed arbitrators shall be accomplished by having the parties alternately cross out names on the list. A coin shall be tossed to determine who shall cross out the first name. The remaining person shall be the arbitrator. The arbitrator shall be notified of his/her selection within five (5) days by a joint letter from the City and the Union requesting that he/she set a time and place for a meeting, subject to the availability of the City and the Union. c. Prior to the commencement of the arbitration, the arbitrator may hold a pre-hearing conference to consider and determine: I) the simplification of the issues; 2) The possibility of obtaining stipulation of facts and documents that will avoid unnecessary proof; 3) such other matters as may aid in the disposition of the grievance; 4) matters of jurisdiction or applicability. 13 " d. The arbitrator shall have no right to amend, modify, ignore, add to, or subtract from the provisions of this Agreement. He/She shall consider and decide only the specific issue submitted to himlher in writing by the City and the Union, and shall have no authority to make a decision on any other issue not submitted to himlher. The arbitrator shall submit in writing hislher 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 hislher interpretation of the meaning or application of the express terms of this Agreement to the facts of the grievance presented. Consistent with this section, the decision of the arbitrator shall be fina1 and binding, e. In the event that an employee desires, on hislher own behalf, to process hislher grievance to arbitration, the bargaining agent reserves the right to intervene in the arbitration proceeding up to and including the full right to participation as a party. f. All arbitration costs, including the cost of stenographic reporting of the arbitration hearing if agreed to by the parties, shall be divided equally between the employer and the bargaining agent, or if the bargaining agent has determined not to process the grievance through arbitration, between the employer and the employee(s). Each party will pay the cost of presenting its own case. 14 I' " , . ARTICLE IV NO STRIKE AND NO LOCKOUT Section 4.1. No Strike. - The parties hereby recognize the provisions of Chapter 447, Florida Statues, which define strikes, prohibit strikes, and establish penalties in the case of a strike and incorporate those statutory provisions herein by reference. The parties further agree that the City shall have the right to discharge or otherwise discipline any employee(s) who engage(s) in any activity defined in Section 447.203(6), Florida Statutes. Accordingly, the Union, its officers, stewards and other representatives agree that it is their continuing obligation and responsibility to maintain compliance with this Article and the law, and to encourage and direct employees violating this Article or the law to return to work, and to disavow the strike publicly. Section 4.2. No Lockout. - The City will not lockout any employees during the term of this Agreement as a result of a labor dispute with the Union. 15 .' , . ARTICLE V 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 injob classifications and the numbers, types, and grades of positions or employees assigned to an organizational unit, department or project; to assign overtime and to determine the amount of overtime required; to control and regulate the use of all its equipment and property; to establish and require employees to observe all its rules and regulations; to conduct performance evaluations; and, to determine internal security practices; provided however, that the exercise of any of the above rights shall not conflict with any of the express written provisions of this Agreement. The City agrees that, prior to substantial permanent layoff of bargaining unit members, it will advise the Union. If, in the sole discretion of the City it is determined that civil emergency conditions exist, including but not limited to riots, civil disorders, hurricane conditions, or similar catastrophes, the provisions of this Agreement may be suspended by the City Manager or hislher 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). 16 , ' . .' ARTICLE VI HOURS OF WORK AND OVERTIME Section 6.1. Puroose. - This Article is intended to define the normal hours of work and to provide the basis for the calculation and payment of overtime. Section 6.2. Nonnal Workdav. - 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. Employees in Beach Patrol will work a four day, ten-hours per day (4-10) workweek except effective with the commencement of Eastem Standard Time after October 1, 1993, when the Beach Patrol shall change from the four- day, ten-hours per day (4-10) workweek to a five-day, eight-hours per day (5-8) workweek. Effective with Daylight Savings Time, the Beach Patrol will change to a four-day, ten-hours per day (4-10) workweek. The City may, on an as needed basis, supplement the Lifeguard workforce with such "temporary employees" as outlined in Section 8.6. Section 6.3. Nonnal Workweek. - The normal workweek shall consist of forty (40) hours per week, and such additional time as may, from time to time, be required in the judgment of the City to serve the citizens of the City. The workweek shall begin with the employee's first regular shift each week. No schedule changes involving shifts or days off shall be made without at least ten (10) workdays' notice to the employees involved, provided that in an emergency, or other such reason justifying a temporary schedule change only, such notice as is practicable shall be given. The implementation of this provision shall not be arbitrary and capricious. Section 6.4. Overtime. - It is understood that the City may require necessary and reasonable overtime for unit members. For all hours worked in excess of forty hours during an employee's workweek, the City will pay the employee one and one-half (1-112) times the employee's straight time hourly rate of pay. Annual and Holiday leave shall be considered as time worked for the purpose of computing overtime; but, sick leave shall not For all hours worked on an employee's seventh consecutive workday within hislber workweek, the City shall pay two (2) times the employee's straight time hourly rate of pay, if the employee worked during the prior six days or any absence during said six days was due to a non-floating holiday. 17 , . This provision shall not be applicable if a substantial number of employees are scheduled to work seven (7) consecutive workdays because of an emergency such as a hurricane. If an employee, scheduled to work, works more than histher normal hours on a holiday, the excess hours shall be paid at the holiday rate. Section 6.S. Distribution of Overtime Ooportunitv. - Opportunity to work overtime shall be distributed as equally as practicable among employees in the same job classification in the same work section and area starting with the most senior employee, provided the employees are qualified to perform the specific overtime work required. Seniority for the purpose of this subsection shall mean length of continuous service with the City. Overtime opportunities shall be accumulated on adequate records (which shall be available to the employees) and offered overtime not worked shall be considered as worked in maintaining these records. If any qualified employee establishes that he/she has not received histher fair share of overtime opportunities, such employee shall have first preference to future weekly overtime work until reasonable balance is recreated. Employees who have been credited for overtime hours not worked shall not be discriminated against with respect to future overtime opportunities. Section 6.6. Holidav Celebration and Pay for Workill2 on Holidav a) Whenever any of the holidays listed in Section 7.3. Holidays of this Agreement fall on a Sunday (or Monday for employees whose regular day off is Monday), the following workday shall be observed as the official holiday; whenever any of the above list holidays occur on a Saturday (or Friday for employees whose regular day off is Friday), the preceding w rkday shall be observed as the official holiday. In such cases, the day on which the holiday is observed shall be considered to be the paid holiday and not the regular day. City celebrated holidays that faIl on Tuesday, Wednesday, or Thursday, and said holiday is on the employee's regular day off, then the employee s all receive a day's pay for said holiday, if they meet all of the qualifications contained herein. b) To be eligible for a paid holiday, an employee scheduled day preceding the holiday and the first are excused. Excused absences are defined as: 1) an employee calls in sick and s eligible to receive paid sick leave, and who is granted sick leave usage; 2) approved annual leave; 3) floating holiday; 4) birthday. st report for scheduled work on the holiday, on the last heduled day following the holiday unless such absences 8 , ' , . c) Whenever an observed holiday occurs on an employee's scheduled day off and the employee does not work thereon, the employee shaH receive for histher normal workday a straight time hourly rate of pay for the holiday. d) Work on a holiday falling on an employee's regularly scheduled work day, he/she shall receive holiday pay for the holiday and time and one half for the hours worked. e) Should an employee be required to work on a holiday falling on histher day off, he/she shaH receive holiday pay for the holiday and shaH receive pay at double time and one half rate for the hours worked. t) Failure to report for work on, before, after, or during the holiday after having been scheduled to work on such holiday shaH be just cause for denial of holiday pay. g) A holiday which is observed during an employee's regularly scheduled workweek shall be considered as time worked for the purpose of computing overtime. Section 6.7 Rest Periods. Employees may take a rest period of fifteen (15) minutes for each half day of work. Daily rest periods shaH be scheduled by the supervisors. Whenever practicable, the rest period will be scheduled approximately mid-point in the first one-half of the employee's regular work shift and in the second-half of the employee's regular work shift. Employees who extend their rest period may be subject to disciplinary action. For each additional four (4) hours worked beyond the regular shift, an additional fifteen (IS) minute rest period sha11 be provided. Employees in PSCB shaH enjoy a fifty (50) minute meal break and a ten (10) minute rest period which, upon request of an employee and with the approval of the supervisor, wiH be combined into a sixty (60) minute meal break. Section 6.8 RenortiDl! Pav. - An employee who reports to work as scheduled wiH be guaranteed eight (8) hours of work or eight (8) hours of pay; (or, for those on ten-hour days, ten hours of work or ten of pay); provided, however, that supervisors may assigu employees to perform any reasonable work. Section 6.9 Come Back Pav. - An employee who is scheduled or caHed in to work outside ofhisther normal hours of work will be guaranteed four (4) hours of work or four (4) hours of pay. It is understood that caH-in pay does not apply to work which is contiguous to histher regularly scheduled shift. 19 . . . . .' Section 6.10 Clean-Up Time. - At the end of the shift, skiHed trades employees and members of the beach patrol shaH be aHowed fifteen (15) minutes clean-up time; provided that they may also be required to perform other work tasks during such time if it does not interfere with clean up. Pool guards shall receive five (5) minutes clean-up time at the end of their shift. Section 6.11 No PvramidiDll. - Premium pay and overtime shall not be paid for the same hours. The employee shall receive the greater of the two alternative premiums. 20 I' " ARTICLE vn WAGES AND FRINGE BENEFITS Section 7.1. Walles. Walle Increase. Effective with the payroH date of October 3, 1994, there shaH be an across-the-board wage increase of six percent (6%). Effective with the payroH date of October 2, 1995, there shall be an across-the-board wage increase of five percent (5%). Effective with the payroH date of September 30, 1996, there shaH be an across-the-board wage increase of five percent (5%). On January 28, 1994, the Miami Beach City Commission adopted the Special Master's Report and Recommendation, establishing a two-tiered pay plan effective as of February 21, 1994. Current employees are on Tier A and, aH employees hired on or after February 21, 1994, were hired on the Tier B pay plan. The pay wage rates of Tier B pay plan shall be fifteen percent (15 %) lower than the Tier A pay plan for aH bargaining unit classifications. Effective with the ratification of this Agreement, Tier B of the wage plan shaH be modified by adding three (3) steps at the end of current Tier B pay scale for the bargaining unit to regain the 15 % reduction resulting from the implementation of the two-tier pay plan. If a bargaining unit employee on Tier A plan is promoted into an Unclassified position, the employee wiH remain on Tier A of the Unclassified plan. Section 7.2. Shift Differential. There shaH be a shift increase of thirty cents ($.30) per hour for work performed at the City's request on shifts begiuning after 3:00 p.m. and at or before 11:00 p.m. There shaH be a shift increase of forty cents ($.40) per hour for work performed at the City's request on shifts after 11:00 p.m. and before 6:30 a.m. 21 , ' , , , , Section 7.3. Holidavs. - The foHowing fourteen (14) days shaH be considered as holidays but the City reserves the right to schedule work on the holidays; New Years' Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the day foHowingThanksgiving, Christmas Day, Martin Luther King's Birthday, three (3) floating holidays, and the employee's birthday. Employees shaH become eligible for floating holidays and the birthday holiday upon completing six (6) months' continuous service with the City. Section 7.4. Bereavement Leave. - In case of death in the immediate family of an employee, time off with straight-time pay will be aHowed of two (2) scheduled work days off per death. The immediate family shall be defmed as father, mother husband, wife, sister, brother, son, daughter, grandchild, grandfather, grandmother, mother-in-law, father-in-law, stepfather, stepmother, stepson or stepdaughter. Additional time off may be granted by the Department Head, in writing, chargeable to the employee's accrued sick or vacation leave. In the case of a death of a member of the employee's family not herein specified but who lived with the employee's family at the time of his/her death, consideration wiH be given to the employee's request to use accrued annua1leave or floating holidays to attend the funeral. Section 7.5. Rate of Pav when Workinl! 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 defmitely performing the principal duties in a higher pay classification for more than one hour per day, and they shaH not exceed 580 hours in a 12-month period, and shaH be paid as foHows, 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) If he/she is temporarily working in a lower classification, he/she shaH receive his/her hourly rate in his/her regular classification. Employees wiH not be assigned to lower classification work as punishment or to demean the employee. b) If be/she is temporarily working for one or more consecutive hours in a higher paying classification, he/she shaH be paid an hourly rate of ninety cents ($.90) per hour to be added to the employee's straight-time rate of pay. Employees being trained with on-site supervisory assistance in a bona-fide training program for a higher paying classification will be paid their current rate in their regular classification during such training time. Employees requesting review of their classification shall not be guaranteed automatic rights to said job if the job is reclassified to a higher level classification title with a higher rate of pay. Such reclassified position wiH be open for all eligible persons to compete for the position. 22 , ' . , , , Section 7.6. V otiDl! Time. Where necessary, in order to vote in general elections and primaries held prior thereto, employees covered by this Agreement who make a prior request to their immediate supervisor at least twenty-four (24) hours before said election and show their voting registration card, shaH be allowed up to one (1) hour off without loss of pay at the start or end of their shift to vote in state, county, city or natioual elections. Subject to the provisions of this Section, requests for voting time shall not be unreasonably denied. "Necessary" for the purpose of this section shaH mean shifts which both begin before 10:00 a.m. and end after 4:00 p,m. The City shall provide each employee with a receipt to be stamped with the official stamp at the poHs. Those employees who present the stamped receipt shaH receive his/her normal pay up to one hour. Section 7.7. Meal AHowance. An employee who works three (3) contiguous hours or more pre-shift or post-shift overtime shall be paid $6.00 for the purpose of actuaHy purchasing a meal. Section 7.8. .TUry Dutv. The City of Miami Beach shaH permit employees either to keep payments received from courts of competent jurisdiction for being on duty, or in the alternative, their standard rate of pay, whichever is higher. For each day an employee is caHed to jury duty, he/she shall be excused from work for such time as is necessary to complete jury duty services. If three (3) or more hours are left in the employee's work shift upon release from jury duty, the employee shaH immediately contact his/her immediate supervisor for instruction. Section 7.9. Tool AHowance. Employees in those classifications who are required to provide their own personal tools as part of the job duties shaH be entitled to a $30.00 per month for the purchase of new/replacement tools. Section 7.10. CleaniDl! AHowance. Persons employed in the classifications of Parking Enforcement Specialists I and II, PSCB employees, and employees in the Building Department who are compeHed to wear City-issued uniforms shaH be compensated $40.00 per month as a uniform cleaning aHowance. Section 7.11. Uniform Provision. Persons employed in aH divisions who are compeHed to wear City-issued uniforms shaH be provided with six (6) uniforms. Employees included in Section 7.10, above wiH be given one (I) pair of sboes of quality material that is comfortable and serviceable once per year. A second pair of shoes shall be provided if the previous pair is not repairable and is turned in. Lifeguards shall be provided with one (I) colton sweat suit per year. 23 , ' , , . . Uniforms wil1 be issued on the fol1owing schedule: a) Department Directors have from October 1 to October 30 to provide to the Purchasing Division the uniform sizes needed. b) Purchasing wiH have from November 1 to December 15 to work with the vendors. c) The vendors will deliver the uniforms in the month of January of each year. For the year 1995, the parties acknowledge that the delivery of uniforms may be later than January because of contract vendors. Section 7.12. Insurance. The City shall continue to provide the present level of medical, hospital, and dental benefits to bargaining unit members and their dependents, provided that the Union may seek alternative coverage, if legal; and provided further that such alternate coverage, if obtained, does not result in increased cost to the City. The cost of life insurance and health benefits provided by the City, or a carrier contracted by the City, including any increases in such costs which become effective during the term of this Agreement, shall continue to be borne half (1/2) by the City and half (1/2) by the employee, In the event of an increase in the cost of insurance, the City will notify the Union at least sixty (60) days prior to the effective date of the increase (or fewer if the City had less notice) and the parties will meet at the request of the Union to discuss alternatives to alter the cost or benefits or to secure a new carrier. Section 7.13. Pension. Effective Date: October I, 1990. Those who retire between October I, 1989, and October 1, 1990, will advance to the new benefits on October I, 1990. Plan Consolidation: All members wiH have the same benefits as those hired before November 1, 1976. The distinction between those hired before November 1, 1976, and those hired on or after November 1, 1976, wiU be eliminated. Pensionable Compensation: (F.A.M.E.) Includes aU compensation which is presently included for employees who become members before November 1, 1976. 24 . . Eligihility for Service Retirement: Age 50 with 5 years of service. Definition of Dependents: Child who has not attained the age of 18, or 22 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 of Monthly Service Retirement Benefit: Three percent (3 %) of the final average monthly earnings 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. Employee Contribution Rate: Ten percent (10%) of salary on a pre-tax basis, consistent with the previous labor agreement. Effective with the previous labor agreement, the City modified the General Employees Pension System Ordinance to provide for a bifurcated pension plan with aH new employees hired on or after February 21, 1994, being covered by either the City's new pension plan as outlined in the Green Report and discussed in the previous 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 shal1 be borne by the pension plan. 25 l' I I ARTICLE VIII GENERAL PROVISIONS Section 8.1. 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 race, creed, color, religion, handicap, sex, national origin, age, sexual orientation, marital status or political beliefs. Section 8.2. Meetinlls Between Parties. - At the reasonable request of either party, the Union President, or his/her representative, and the City Manager, or bis/her representative, shaH meet at least quarterly at a mutually agreed time and place to discuss matters of concern. Whenever time permits, the party requesting the meeting shall submit written notice of the subject matter to be discussed. Such notice shall be submitted one week in advance of the proposed meeting date. Whenever the Union President, or his/her representative, makes suggestions or recommendations to the City Manager, or his/her representative, specifically concerning productivity of job safety, the City Manager, or his/her representative, will respond as appropriate. Section 8.3. Reduction in Work Force. - When there is a reduction in the work force, employees will be laid off in accordance with their length of service and their ability to perform the work available. When two or more employees have similar ability, the employee with the least amount of service will be the first one to be laid off. Section 8.4. Work Rules. - The City will provide the Union with a copy of any written rules that are instituted or modified during the term of this Agreement affecting employees in the bargaining unit. In the event the City desires to alter, amend, or modify existing written work rules, or promulgate new written work rules, the proposed changes will be submitted for review to a joint labor/management committee. The City shall have two (2) representatives and the Union shall have two (2) representatives on this committee, which will make recommendations to the City Manager. The proposed changes shall not become effective until a final decision of the City Manager has been rendered. Section 8.5. Probationarv Emplovees. - A probationary employee who is dismissed without cause shall have the right to discuss with the appointing officer the reasons for such dismissal at a mutually agreed to time. Fol1owing such meeting, a probationary employee, if he/she so desires, shall have the right to further review the reasons for such dismissal with the City Manager or his/her desiguated representative at a mutually agreed to time. It is expressly understood, however, that the appointing officer retains the exclusive discretion with respect to the retention or dismissal of probationary employees. 26 Section 8.6. "TemDorarv EmDlovees". - The City shall have the unrestricted right to hire up to thirty (30) "temporary" employees in any bargaining unit position, provided they are not hired at the detriment of the bargaining unit employees. Temporary employees being utilized to fiH in on short-term vacancies shaH not be considered as a detriment to the bargaining unit's employees. Such "temporary" employees shall be paid at rates set in the sole discretion of management and a "temporary" employee's employment service may not exceed one (I) continuous year at anyone time. "Temporary" employees may not work in a classification wherein a permanent Civil Service employee is laid off. The City shall send the Union a report of "temporary" hires. "Temporary" employees shall not be covered by Civil Service or Personnel Board Rules, and they shal1 serve at the will of their employer without right of appeal or access to the grievance procedure contained herein, and they shall not receive any fringe benefits or pension benefits. Terminated "temporary" employees may be re-hired if their separation is under honorable circumstances. Section 8.7. Political Activities of EmDlovees. - Except as provided by state law and City of Miami Beach Personnel Rule 1, (b), the City shall not make, adopt or enforce any rule, regulation or policy; a) Forbidding or preventing employees from engaging or participating in politics or from becoming candidates for public office; b) Controlling or directing or tending to control or direct the political activities or affiliations of employees. It is understood that no political activities may be conducted by unit members during the employee's scheduled work day. Section 8.8. Safety. - The City agrees to provide, at no cost to the employee, any appropriate safety equipment required to be worn or otherwise utilized by the employee. This shall include such items as hard hats, gloves, etc. Those employees issued such equipment will be responsible for such safety equipment, and any loss or damage due to the neglect of the employee may require the employee to pay for the replacement of said City-issued equipment. a) The City agrees to provide, upon request, up-to-date, non-glare screens for computer terminals. b) The City shall evaluate and provide, upon request, a wrist rest, which will help alleviate the stress upon the hands and arms of those employees performing repetitive motion, to aH persons who type more than 50 % of their workday. c) The City shall provide in each lifeguard stand a modern voice amplifier (bullhorn) to be used in providing safety. 27 . , , , d) The City agrees to have the City's Safety Officer check all existing lifeguard stands for any structural damage and issue a report as to the safety of these structures and whether the lifeguard stands should be either repaired or replaced. e) The union is encouraged to have its members volunteer to serve on the Department Safety Committees that are being organized in each City department. The bargaining unit member serving on the City's Safety Committees wiH not suffer any loss of benefits or wages for attendance at regularly scheduled meetings during regular scheduled work time. No overtime wil1 be paid for attendance at such meetings. t) If there is a central, City-wide Safety Committee, the Union's President may be a member if he/she so requests. Section 8.9. Parkinll. - The City shal1 provide seventeen (17) parking spaces at a lot comparable to Lot No. 7-D for the exclusive use of on-duty Lifeguards. Such parking spaces shal1 be clearly marked. This Section may become moot if the Lifeguards are able to work out a reporting system that would al10w them to proceed directly by their private vehicles to their respective lifeguard stands. Section 8.10. Glasses and Pith Helmets. - The City agrees to reimburse Lifeguards and Pool Guards I and II for the purchase and/or repair of sunglasses and/or prescription eyeglasses up to a maximum al10wable reimbursement of $50.00 per employee in each fiscal year. In order to be reimbursed, the employee must request a reimbursement, in writing, and attach a store receipt reflecting such purchase and/or repair. The City reserves the right to refer employees to a particular store for the purchase and/or repair of glasses. Those Metered Parking Enforcement Specialists and Parking Meter Technicians who elect to purchase an authorized pith helmet will be reimbursed up to $25.00. Section 8.11. Notification in the Event of Transfer or ContractiDl! Out. - When the City determines that it is in it's best interest to enter into a Contract with an outside supplier or service agency to perform services presently being performed by the Bargaining Unit employees, the City agrees that it wiH, within ten (10) days thereafter, 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 such employee shall be entitled to first consideration by the Contractor for any available work. 28 . . , . In the event that the employee is not employed by the Contractor, the City wil1 offer such employee another available job with the City, if there is a budgeted vacancy and the employee affected by the subcontracting is qualified to perform. Questions of qualification to perform the job duties shall be decided in the sole discretion of the Human Resources Director. If there are no jobs available, the Reduction in Force provision contained in'this Agreement shall apply, provided that such laid-off employee shall be recalled to work before the City hires new, permanent employee to perform the work of the classification held by the employee at the time of the layoff. This recall right shall exist for up to the individual's total service time with the City, but not to exceed two (2) years after the date of the person's layoff date, but such recall right shall cease as of two (2) years after layoff, or if the employee does not return to work as scheduled if he/she is offered a recaH 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. Section 8.12. DruI! Testinll. - The City and the Union agree that employees covered by their collective bargaining agreement may be required by the City to undergo urinalysis or blood testing ouly if there is reasonable belief of drug usage or upon the taking of an otherwise required physical examination. Section 8.13. Stress Reduction/Police DeDartment's Public Safetv Communication~ Division - Those employees covered by this Agreement who work in the Miami Beach Police Department Communications Unit, will be given a stress reduction training program provided by the City. Such stress training will be a one..<Jay stress seminar as given to sworn officers. Should an employee and/or management supervisor believe that an employee might benefit by being referred to the City's Employee Assistance Program (EAP), then the employee will be referred consistent with current policies. If an employee needs help beyond that offered by the EAP, then the EAP may require a visit to the firm ofAxelberd & Valle for consultation. Section 8.14. Bulletin Boards - The Union may, at its own expense, place a bulletin board in each department, not to exceed approximately three feet by two feet (3' x 2') in size. 29 . . The BuUetin Boards shaU be used for posting the foUowing notices ouly: a) Notices of Union Meetings. b) Notices of Union Elections. c) Reports of Union Committees. d) Recreational and Social Affairs of the Union. e) Any material of informational nature related to CW A. Prior to posting, the material as described above shall be sigued by an elected officer of the Union and submitted to the Assistant City ManagerlLabor Relations, or his/her desiguee, for signature. Materials, notices or announcements which contain anything political or controversial that might reflect upon the City, any of its employees, or any other labor organizations among its employees, or any materials, notices, or announcements which violate any of the provisions of this Section, shaU not be posted. Any materials that are posted which are not in conformance with this Section may be removed at the discretion of the City. Section 8.15. Senioritv - When vacations are scheduled and permanent vacancies or shifts are fiUed, seniority within classification shall apply when aU other factors are equal. Such use of seniority shall not apply when it is not practical or in an emergency situation. Similarly, if the assigument requires a special license, permit, or job skiU, seniority shaU not be controUing. The calculation of seniority shall be defined as the length of continuous service in City employment. 30 . , . . ARTICLE IX WAIVER AND ENTIRE AGREEMENT The Union acknowledges that during negotiations resulting in this Agreement, it had the right and opportunity to make demands and proposals with respect to any and all subjects not removed by law from the area of colIective bargaining and that the complete understanding and agreements arrived at by the parties after exercise of that right and opportunity are set forth in this Agreement. Therefore, the Union waives the right, during the term of this Agreement, to bargain collectively with respect to any subject or malter referred to or covered in this Agreement, and it particularly waives the right to bargain over the City's exercise or any of its management's rights set forth in Article IV of this Agreement, e.g., changing work hour schedule, transferring employees. laying off employees, etc. The parties intend that this Agreement shall constitute the sole source of their rights and obligations from and to each other for its term either by specific provision or by silence. If the Agreement does not prevent it, the City may take any action (or fail to take any action) it desires and shaH have no obligation to bargain with the Union concerning the taking, or not, of the action; but may take unilateral action at the time it desires. The Union does not waive, and shall retain its right, to bargain with the City over the impact of any action taken by the City not set forth in this Agreement, but such impact bargaining shall not serve to delay management's action until agreement or impasse is resolved concerning the impact at issue. This Agreement may be amended by mutual agreement of the parties but any amendments must be in writing and signed by duly authorized representatives of the parties before it wiH be effective. 31 . . '. ARTICLE X RECOGNITION Section 10.1. ReDresentation and Bal'l!aininll Unit. - The City recognizes the Union as the sole and exclusive representative of an employees in the unit described below. Section 10.2. Unit Descrintion. - All regular, fun-time employees in the following classified job descriptions, excluding all managerial, supervisory, confidential, temporary, and casual employees, and employees currently represented in other certified bargaining units: Account Clerk I, II, & III Administrative Aide I & II Administrative Assistant I Administrative Secretary Air Conditioning Helper Air Conditioning Mechanic Building Inspector Buyer Carpenter Civil Engin_ I & II Clerk Clerk Typist Code Compliance Field Supervisor Code Compliance Officer I & II Coin Room Money Handler Commission Reporter I & II Communications Operator Communications Technician I Community Services Specialist Complaint Operator II Data Entry Clerk Dispatcher Dispatcher Trainee Duplicating Equipment Operator Electrical Helper Electrical Inspector Electrician Elevator Inspector Engineering Assistant I, II, & III Engineering Inspector Lifeguard I & II Lifeguard Lieutenant Mason Masonry Helper Mechanical Inspector Museum Assistant Painter Parking Enforcement Specialist I & II Parking Meter Technician I & II Permit Clerk Photographer Planner Planning Technician Plumber Plumber Helper Plumbing Inspector Pool Guard I & II Secretary Inclusion of J.D. Technician I & II and Public Safety Specialist I & II in the bargaining unit is dependent on decision by PERC. The City and the Union agree that in the event the City creates a new job classification within the bargaining unit, or substantiany changes ajob classification which remains within the bargaining unit, or combines job classifications within the bargaining unit, the City will bargain with the Union upon request concerning the appropriate rate of pay for the new, changed, or combined job. Until agreement is reached or impasse is resolved, affected employees win be paid as determined by the City. Upon agreement as to tbe rate of pay for the new, changed, or combinedjob(s), the agreed rate shall be retroactive to the date that the Union's request for negotiation was received by Management. 32 , . ARTICLE XI SAVINGS If any provisions of this Agreement are subsequently declared by the proper legislative or judicial authority to be unlawful, unenforceable or not in accordance with applicable statutes or ordinances, all other provisions of this Agreement shall remain in fun force and effect for the duration of this Agreement. Upon issuance of such a decision or declaration which is not appealed by either party, the parties shall, following a request by either party, negotiate in good faith on a substitute article, section or portion thereof. 33 , , ARTICLE XU TERM OF CONTRACT This agreement shall be become effective upon City Commission approval, and shall remain in effect until the 30th day of September, 1997. It shall be automatically renewed thereafter from year to year uuless either party shall notify the other in writing sixty (60) days prior to the anniversary date that it desires to modify this Agreement. In the event such notice is given, negotiations shall begin not later than thirty (30) days prior to the anniversary date of the Agreement. 34 , . MEMORANDUM OF UNDERSTANDING CITY OF MIAMI BEACH AND COMMUNICATIONS WORKERS OF AMERICA In an effort to summarize the final, non-economic items which were included with the settlement of the labor contract between the City and the Union, the following are the understandings that were reached: I) Those employees who accepted the early retirement incentive option, as offered under the previous agreement entered into between the City of Miami Beach and the Miami Beach Employees Benevolent Association, shall have the choice of electing to take their leave balance payoffs in full either at the time of their separation from City service, or 50 % upon separation and their final 50 % either in December 1994 or January 1995. 2) Regarding the implementation of the thirty (30) Temporary positions, it is understood that those positions were not limited to, but could be used to develop a cadre of employees who, on short notice, could serve as backup for regular employees or for such things as vacancies caused by absences due to maternity, military leave, sick leave, off-duty injury, on-duty injury, and work overload. The examples cited herein are not meant to be all inclusive. It is further recognized that employees who retire "in good standing" who may be interested in working on a temporary, part-time basis, and should temporary work become available, the retired employees wil1 have the opportunity to make application for one of the temporary positions. Such part-time positions shall not be covered by Civil Service rules or regulations, will have no fringe or pension benefits, and the salary shall be at a rate determined by the City. Further, the temporary employees shall not have a choice of picking schedules, but will be assigned by the City Management on an as needed, when needed, basis. 3) Management will develop a LaborlManagement Committee, which shan consist of the Director of Personnel and two (2) members to be appointed by the Union. After the signing of this Agreement, the Committee shall meet on an as needed basis, to review the tardiness and sick leave application policies on a City-wide basis, with specific regard to equal policy application in all departments/divisions. This Committee shall then provide a report to the Assistant City Manager for Labor Relations for review, comments, and recommendations. 35 . . , . This Committee may also review "flex time" that is currently offered in some departments of employees covered by this Agreement. Should the Committee elect to, it may make a report and recommendations to the Assistant City Manager for Labor Relations. This Committee will also review the application of the one-hour voting time to ensure that it is universally applied in the departments/divisions covered by this Agreement. 4) Those employees whose jobs require them to work daily and continuously on the computer terminals may request an anowance of up to $60.00 when their eye doctor prescribes a modification to their current eyeglasses as a result of the operation of the computer terminal. Said $60.00 allowance shall ouly be reimbursed to the employee upon presentation of the doctor's statement, as wen as a paid statement indicating that their prescription eyeglasses have been modified to incorporate their doctor's prescription to their eyeglasses. 5) The Assistant City Manager for Labor Relations will, from time to time, meet with the employees of the Police Department's Communications Unit, and acknowledges that there is an urgent need to improve the cleanliness of dispatching area on a regular basis. Such improvement in working conditions shall include the purchase of ergonomicany adequate chairs for the dispatchers, as well as the replacement of the worn and dirty carpeting. Should funds be identified to affect the general improvement of the working conditions as outlined herein, then management will make an effort to follow through on the above-mentioned requests. 36 . . MEMORANDUM OF UNDERSTANDING CITY OF MIAMI BEACH AND COMMUNICATIONS WORKERS OF AMERICA SICK LEAVE The City and the Union acknowledge that the use of sick leave needs substantial review by Management and the Union. Within thirty (30) working days of the ratification of this agreement, the Human Resources Director wi\1 prepare an analysis of sick leave usage for review by the Union President. Such review will include the fonowing data: Department Name; Employee Name; Date of Hire; Total Sick Leave Accrual; Beginning Balance; Sick Leave/Year to Date; Sick Hours Used; Current Balance; Percent Used of Total Earned. Upon review of this data, Management will be required to review sick leave usage with those employees who have used more than one-half (50%) of their total accrued sick leave. Where there are demonstrable reasons for high sick leave usage, there need not be any further counselling unless the person's attendance is so de-minimus that their attendance is not sufficient for the department to count on the person coming to work. Those individuals who have no demonstrable, accountable reason for excessive sick leave usage shall be notified of their expected improvement. Further, their record for usage or non-usage of sick leave will be reviewed quarterly by the Human Resources Department for compliance. 12/94 37 , . , . MEMORANDUM OF UNDERSTANDING CITY OF MIAMI BEACH AND COMMUNICATIONS WORKERS OF AMERICA INFORMATION TO BE PROVIDED TO UNION BY CITY Effective with the signing of this Agreement, the City win provide to the Union one copy of the foUowing: I) A listing of aU bargaining unit classifications to include the employee name, department assignment, and date of hire. 2) The "Personnel Rules" of the City of Miami Beach. 3) "Classification Specifications" for an bargaining unit classifications. 4) "Agenda" (as distributed to aU department heads and news media) for each City Commission Meeting. 5) Salary Ordinance amendments affecting bargaining unit classifications. 12/12/94 38 " . , . '. .' , , . Exercised by the parties hereto on the 2nd day of Fe,bruary ,19 95 COMMUNICATIONS WORKERS OF AMERICA CITY OF MIAMI BEACH By:~A. ~ Charles M. Boykin Chie,f Negotiator/CW A By: ~1- Roger M. Carlton City Manager ~ ( f() dIo Approved by vote of the City Commission, J anua ATTEST: ~JL~ Richard Brown City Clerk DRM:lg a:CWA/94CTR c: UNION .CTR\CW A94-97.CTR By Date FORM APPIIOY8) 1ApI~ -:Ie';) /-1 2.- 'i oS" 39 "' . COMMUNICATIONS WORKERS OF AMERICA LOCAL 3178 ELECTION OF REMEDY FORM Grievance No. This form must be completed and signed at the first step of the grievance procedure. Employee must elect, sign, and date only ~ of the two following choices: \.- IIW e elect to utilize the Grievance Procedure contained in the current Contract between the City of Miami Beach, Florida, and Communications Workers of America (CW A). I understand that this choice precludes my utilization of Option Number 2. Signature Date 2. IlWe 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 and Communications Workers of America (CW A). Any resolution of a grievance from another forum cannot be inconsistent with the terms of the collective bargaining agreement that is in effect. Signature Date DRM:lg c:FORMS-Ul ELEmON.RMD 40 . ' ,. " 0.;