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2000-24218 RESORESOLUTION NO. 2000-24218 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING A THREE YEAR LABOR AGREEMENT BETWEEN THE CITY AND THE GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA/OPEIU LOCAL 100, (GSA), FOR THE PERIOD FROM OCTOBER 1, 2000, THROUGH SEPTEMBER 30, 2003, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT WHEREAS, the City Manager is herein submitting to the Mayor and City Commission a Labor Agreement (Agreement) recently negotiated between the City of Miami Beach, Florida and the government Supervisors Association of FloridaJOPEIU Local 100 (GSA), 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 two year period from October I, 1998, through September 30, 2000, and has expired; and WHEREAS, the GSA 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 GSA Union; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A THREE YEAR LABOR AGREEMENT BETWEEN THE CITY AND THE GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA/OPEIU LOCAL 100, (GSA), FOR THE PERIOD FROM OCTOBER 1, 2000, THROUGH SEPTEMBER 30, 2003, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT PASSED AND ADOPTED this20tMay of December ,2000. ATTEST: CITY CLERK JMG/MGFFCA/LG F:\HUMA\$ALL\COMM.RES\GSA0.WPD MAYOR MgROVED AS TO FORM & LANGUAGE & FOR EXECUTION CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\~ci .rniami-beach .fl .us TO: FROM: SUBdECT: Mayor Neisen O. Kasdin and Members of the City Commission DATE: December 20, 2000 Jorge M. Gonzalez City Manager A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA TO RATIFY THE THREE YEAR LABOR AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA/OPEIU LOCAL 100, (GSA) FOR THE PERIOD FROM OCTOBER 1, 2000 THROUGH SEPTEMBER 30, 2003, AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT. ADMINISTRATION RECOMMENDATION: Adopt the Resolution. BACKGROUND: On December 4, 2000, after seven sessions, negotiators for the City and the Govemment Supervisors Association of Florida, OPEIU Local 100, (GSA), successfully concluded negotiations for a three year collective bargaining agreement. The GSA bargaining unit has 40 employees in 27 classifications in the following departments: Beach Patrol, Building, Fleet Management, Parks, Parking, Police, Property Management, Public Works and Recreation. The Association membership has reviewed the proposed Agreement and voted to ratify it as presented. While negotiators for the City and the Association were obliged to represent the best interests of their "clients," the shared goal was to produce an Agreement that provided equitable and competitive compensation and working conditions. In addition, the Administration worked to include flexibility to the contract to allow for creative and innovative approaches to address changes in the workforce and marketplace in an expeditious manner. Language has been developed that will preserve management rights and create reasonable methods to meet recruitment and retention challenges. The following is a summary of the most significant issues in the Agreement. DATt/2"2OCYD The GSA bargaining unit will get a two percent (2%) across the board cost of living increase effective retroactively with the first pay period ending in October 2000, and an across the board increase with the first pay period ending in October 2001 according to the Consumer Price Index (CPI-U), (a minimum of 2% to a maximum of 4%) and an across the board increase with the first pay period ending in October 2002 according to the Consumer Price Index (CPI-U). The CPI-U used for the increase in October 2001 and October 2002, will be the twelve month period ending on June 30, 2001, and June 30, 2002, CPI-U, respectively. This will further be defined by the Bureau of Labor Statistics, Department of Labor, as the All Urban Consumers (not seasonally adjusted, area: United States City-average, all items.) The anticipated cost for the 2000 cost of living increase is approximately $30,500 and is already assumed in the Fiscal Year 2000/2001 budget. The anticipated cost for Fiscal Year 2001/2002 cost of living increase, assuming a 3.5% CPI, is approximately $55,000 and for Fiscal Year 2002/2003 is approximately $56,000. Employees will not exceed the maximum of the range at any time. The bargaining tmit wi~~ a~s~ ad~pt the City~s c~assi~cati~n and pay system with this c~ntract. This includes salary range changes, job audits, and market classification studies. This does not include cost-of-living increases. This change will allow the City to react to market conditions and remain competitive with our pay plan for all classifications in the unit. This contract will also include the reclassification of eight classifications within the bargaining unit. Employees who receive a classification upgrade will receive a 2% increase on their anniversary date. An adjustment to the minimum of the range will be made for eight employees. These amendments or upgrades will help make the City of Miami Beach more competitive in recruiting qualified employees, particularly for "hard to fill" positions, such as Senior Building Inspector. The cost to adopt and implement the classification and pay system within the GSA unit for Fiscal Year 2000/2001 will be approximately $19,773. (This includes $12,127 to increase the range minimums and $7,646 to implement the reclassifications.) The total cost of the wage proposal for the first year, including a shift differential increase of $800, will be approximately $51,000. Other Economic Issues In the interest of pay for performance, the City has agreed to expand upon the performance appraisal system. The new appraisal will have a three step reward system vs. the current two step system. The new system will reward employees with a performance appraisal score of 90 or above with a 4% merit increase; those that score less than 90, but more than eighty will receive a 3% merit increase; and those who score less than eighty, but more than sixty shall receive a 2% merit increase. The old system was a two step system with a 4% or a 2% merit increase. The new system gives more ftexibility. In an effort to compensate our retirees in accordance with the cost of living, the City agrees to an increase from 1.5% Simple Cost of Living to a 2.5% Compounded Cost of Living increase for employees who retire after October 1, 2000. The Shift Differential where a majority of an employee' s regularly assigned shift hours fall between 3:00 p.m. and I 1:00 p.m. was negotiated at 45 cents per hour (previously 40 cents) and 55 cents per hour (previously 50 cents) where a majority of an employee's regularly assigned shift hours fall between 11:00 p.m. and 6:30 a.m. The annual cost for the increases in this benefit is approximately $806. The meal allowance for employees who work three or more hours of overtime that is contiguous with their shift will increase from six dollars to seven dollars. The current bereavement leave policy will be expanded to allow employees to use their accrued sick or vacation time for up to 3 additional days for bereavement leave if approved by the Department Head, and not be counted against the employee for the purposes of performance evaluation ratings. The current policy allows for 2 scheduled workdays off. This will allow a total of five days off, if approved. Non-Economic Issues Recognizing that 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 the general public at large, the City and the Association expanded upon the drag testing program to include random testing of all bargaining unit employees, Under the old alcohol/drug testing program, once an employee was drug tested, his name was pulled from the pool tbr the rest of the year. The contract also expands the definition of reasonable suspicion drug testing. This will allow the City to require an employee to subrait to a blood analysis, urinalysis, and/or breathalyser when it has a reasonable suspicion as defined in the Florida Statues 440.102 (N). This allows the testing of an employee that has caused, contributed to, or been involved in an accident. The Agreement will extend for a three-year term, thus ending on September 30, 2003. CONCLUSION: The Administration recommends that the Mayor and City Commission adopt the Resolution, in order to implement the salary range amendments included in the collective bargaining agreement negotiated between the City of Miami Beach and GSA. JMG:~OC~CA:LG 3 AGREEMENT Between CITY OF MIAMI BEACH, FLORIDA and the GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA, OPEIU, LOCAL 100 Period Covered October 1, 2000 to September 30, 2003 T/,BI ,E OF CONTENTS AGREEMENT .....................................................................................................................................................I PREAMBLE .........................................................................................................................................................2 ARTICLE 1: RECOGNITION Section 1.1. Representation end Bargaithg Unit ....................................................................................................3 Section 1.2. Unit Description .....................................................................................................................................3 ARTICLE 2: DEDUCTION OF ASSOCIATION DUES Section 2.1. Checkoff ...................................................................................................................................................4 Secton 2.2. Indemnification .......................................................................................................................................4 ARTICLE 3: MANAGEMENT RIGHTS ...................................................................................................... 5 ARTICLE 4: PROHIBITION OF STRIKES ......................................................................... : .......................6 ARTICLE 5: ASSOCIATION REPRESENTATION .................................................................................... 7 ARTICLE 6: GRIEVANCE PROCEDURE Section 6.1. Purpose .....................................................................................................................................................8 Section 6.2. Defnitions ...............................................................................................................................................8 Section 6.3. Special Provisions ...................................................................................................................................9 Section 6.4. Election of Remedies ...........................................................................................................................10 Grievance Steps ......................................................................................................................................11 Section 6.5. Arbitration ..............................................................................................................................................12 Section 6.6. Differences Concerning Personnel Rules .........................................................................................13 ARTICLE 7: Section 7.1. Section 7.2, Section 7.3. Section 7.4, Section 7.5. Section 7.6. Section 7.7. Section 7.8. HOURS OF WORK AND OVERTIME Normal Workday ..................................................................................................................................14 Normal Workweek ...............................................................................................................................14 Rest Periods ...........................................................................................................................................14 Reporting Pay ........................................................................................................................................14 Overtime ................................................................................................................................................14 Distribution of Overtime Opportunity .............................................................................................15 Call Back Pay .........................................................................................................................................15 N o Pyramidlag ......................................................................................................................................15 ARTICLE 8: Section 8.1. Section 8.2. Section 8.3. Section 8.4. Section 8.5. Section 8.6. Section 8.7. Section 8.8. Section 8.9. Section 8.10. Section 8.11. WAGES AND FRINGE BENEFITS Wage s ......................................................................................................................................................16 Holidays ..................................................................................................................................................17 Holiday Pay ............................................................................................................................................17 Allowances .............................................................................................................................................18 Meal Allowance .....................................................................................................................................19 Bereavement Leave ..............................................................................................................................19 Unpaid Leaves .......................................................................................................................................19 JttryDuty ................................................................................................................................................19 Uniforms ................................................................................................................................................20 Safety Shoes ...........................................................................................................................................20 Shift Differential ...................................................................................................................................21 GSAF-i WAGES & FRINGE BENEFITS, continued Section 8.12. Section 8.13. Section 8.14. Section 8.15. Rate of Pay When Working Out of Classification ..........................................................................21 Paid Leave ..............................................................................................................................................21 Perfect Attendance Bonus ..................................................................................................................22 Part-Time Employees ..........................................................................................................................22 ARTICLE 9: INSURANCE ...........................................................................................................................23 ARTICLE 10: PENSION ................................................................................................................................24 ARTICLE 11: Section 11.1, Section 11.2. Secdon 11.3, Section 11.4. Section 11.5. Section 11.6. Section 11.7. Section 11.8. Section 11.9. Section 11.10. Section 11.11. Section 11.12. Section 11.13. GENERAL PROVISIONS Discrimination .......................................................................................................................................25 Meetings Between Parties ....................................................................................................................25 Work Rules ............................................................................................................................................25 Stress Reduction/Police Deparanent's Public Safety Commtmications Unit ........................... 25 Labor/Management Committee ........................................................................................................25 Safety .......................................................................................................................................................26 Bulletin Boards ......................................................................................................................................26 Probationary Employees .....................................................................................................................27 Notification in the Event of Transfer or Contracting Out ...........................................................27 Seniority ..................................................................................................................................................27 Reduction in Force ...............................................................................................................................27 Military Leave ........................................................................................................................................27 Pay Advances .........................................................................................................................................28 ARTICLE 12: DRUG & ALCOHOL TESTING Sections 12.1. to 12.6 ............................................................................................................................................................29 Section 12.7. Drug/Alcohul Random Testing .........................................................................................................29 Section 12.8. Last Chance Agreement ......................................................................................................................30 ARTICLE 13: SAVINGS ..................................................................................................................................31 ARTICLE 14: ENTIRE AGREEMENT ........................................................................................................32 ARTICLE 15: TERM OF AGREEMENT ......................................................................................................33 ELECTION OF REMEDY FORM ...................................................................................................................35 GSAF-ii AGREEMENT THIS AGREEMENT, was made and entered into on this o~t9 "~day of bEe.~ M ISU/'g.~- ,2000, by and between the CITY OF MIAMI BEACH, FLORIDA (herein called the "City'~, and the Government Supervisors Association of Florida, (GSAF) OPEIU, Local 100, (herein called the "Association"). GSAF-1 PREAMBLE WHEREAS, the Association has been selected as the sole and exclusive bargaiKmg representative by a majurity of the employees set forth in the Recognition Article, 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 Association have voluntarily endorsed the practices and procedures of collective bargaining as a fair and orderly way of conducting rdations between the City and the employees covered by this Agreement insolaf as such practices and procedures are appropriate to the obligations of the City to effectively operate the various departments of the City and are consonant with the paremount roterests of the public; WHEREAS, it is the intention of the parties to this Agreement m 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 effident operation of the various departments of the City, and to provide an orderly and prompt method of handling and processing grievances; NOW, THEREFORE, the parties agree with each other as follows; GSAF-2 RECOGN~ION Section 1.1. Representation and Bargaining Unit. The City recognizes the Association as the sole and exclusive representative of all employees in the unit described below. Section 1.2. Unit Description. All supervisory employees of the City of Miami Beach in the following classifications, excluding all other employees employed by the City of Viianti Beach. Air Conditioning Supervisor City Surveyor Crime Scene Supen, isor Electronics/Instruments Supervisor Maintenance Supervisor Paint Supervisor Parking Facilities Superdsor Plumbing Supervisor Pumping Operations Supervisor Senior Building Inspector Sewer Field Operations Supervisor Street Operation Supervisor Warehouse Supervisor Water Sen, ice Representative Beach Patrol Operations Supervisor Communications Supervisor Electrician Supervisor Fleet Operations Supex~isor Metered Sen~ice Supervisor Park Operations Supervisor Parking Operations Supervisor Property Management Operations Supervisor Recreation Supervisor I Senior Engineering Inspector Street Lighting Operations Supervisor Tennis Center Superdsor Water Field Operations Supervisor The City and the Association agree that in the event the Cxty substantially changes a job classification which remains within the bargaining unit or combines job classifications within the bargaining unit, the City will bargain with the Association upon request concerning the appropriate rate of pay for the new, changed, or combined iob. Un~ agreement is reached or impasse is resolved, affected employees will be paid as determined by the City. Upon agreement as to the rate of pay for the new, changed, or combined job(s), the agreed rate shall be retroachve to the date that the Associa~on's request for negotiation was received by Management. The parties agree that they will petiodically review the job chssifications and, if appropriate, file a joint petition to Public Employees Relation Commission (PERC) to determine which positions should be in or out of the bargaining unit. GSAF-3 DEDUCTION OF ASSOCIATION DUES Section 2.1. Checkoff. Upon receipt of a lawfully executed writte~ authorization from an employee, which is presented to the City by an official designated by the Assodation in writing, the City agrees dunrig the term of this Agreement to deduct the uniform biweekly Asso(mtion dues of such employees from their pay and remit such deductions to the Assodation 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 riolice to the City and the Association. The Assodation will notify the City thirty (30) days prior to any change in its dues structure. On January 1 of each year of this Ag~eemant, the Association will remit to the City $100.00 as an admiuisu:ative fee for the collection of dues by the City. Section 2.2. lndelnnification. The Association agrees to indemnify and hold the City hamaless 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. GSAF-4 MANAGEMENT RIGHTS It is recognized that, except as stated herein, it is the right of the City to determine unilatetally the purpose of each of its cons~toem agencies, set standards of service to be offered to the public, and exercise control and discretion over its organization and operarions. The Association recogmzes the sole and exclusive fights, powers, and authorities of the City fla',her include, but are not limited to, die following: to direct and manage employees of the City; to bite, 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 hck of work, funds or other legiumate reasons; to maintain the effidency of its operations, including the fight to contract and subcontract existing and future work, to determine the duties to be included in iob chssifications and the numbers, types, and grades of positions or employees assigned to an orgamzational unit, department, or project; to assign overtime and to determine die amount of overtune requLred; to control and regulate the use of all its equipment and property; to establish and requite 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 Association, 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 Association. If, in its sole discretion, the City determines that emergency conditions exist, including, but not limited to, riots, dvil 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 Association President shall be advised, as soon as possible, of the nature of the emergency. GSAF-5 PROHIBITION OF STRIKE. S No employee, Association officer or agent shall instigate, promote, sponsor or engage in any strike, flow down, concerted stoppage of work or any other intentional interruption of the operation of die employer, regardless of die reason for doing so. Any and all employees who violate any of the provisions of this Article may be discharged or odierwise disciplined by the City. Such discharge or discipline shall not be die subject of any grievance procedure or appeal procedure provided in the Agreement, except as to the question of fact. In the event of a strike, slow down, concerted stoppage of work, or odier intentional interruption of the operations of the employer, regardless of teasons for doing so, the Association shall take direct and immediate action to the fullest extent of its power to bring about a cessation of such activities. The employees and the Association, individually and collectively, found to be in viohtion of this Article shall be liable for any damages or costs which might be suffered by the City as a result of a violation of the provisions of this Article, in accordance with law. GSAF-6 ASSOCIATION REPRESENTATION 1) The Assodation may select up to four (4) employees from within the basl~fining trait to act as representatives. The Association will make a good faith effort that each employee comes from a different department. The names of Association representatives shall be certified, in writing, to the City Manager's Office and to concerned Department Directors. Wxth the prior approval of concemed supervisors, representatives may attend grievance meetings, pre- discipline investigation meetings, and labor/management cormmttee meetings without loss of pay for time spent during the representative's regular work schedule. The supervisor's approval will not be uareasonably withheld; provided, however, representatives will conduct their business so as to not disrupt the normal activities of Cxty Departments. Up to four (4) employee members of the Association's bargaix~g teem may attend contract negotiation sessions with the City during th(tr assigned work hours without loss of pay. Each employee must come from a different department. The Association may designate one (1) employee to attend City Cmnnussion or Personnel Board meetings during his/her regular work hours without loss of pay when a matter involving the pardes' collective bargaining relationship is on the agenda of the City meeting. Any absence provided for herein shall be subject to the prior approval of the employee's supervisor. Employees shall not be paid overtime for attendance at any meeting discussed in this Article. GSAF-7 GRIEVANCE PROCEDURE Section 6.1. Purpose. It is recogmzed that complaints and grievances may arise between the bargaining agent and the employer or between the employer and any one or more employees concerning the application or interpretation of any provision of this Agreement. The employer and the bargaining agent desire that these grievances and complaints be settled in an orderly, prompt and equitable manner so that the efficiency of the City of Miami Beach may be maintained and the morale of employees not be impaired. Every effort will be made by the employer, employees, and bargaining agent to settle the grievances at the lowest level of supervision. The initiation or presentation of a grievance by an employee will not adversely affect his/her standing with the employer. No reprisals of any kind will be made by agents of the City against the grievant(s) or the Association's representatives by reason of such pa~cipation in the processing of their grievance. Similarly, the Association, its officers or agents, shall not impede, malign, or delay the City or Management's representative in their duties during the investigation or processing of said grievance. Section 6.2. Definitions. a) Grievance - a grievance is a dispute involving the interpretation or application of the express tetras of any provision of this Agreement, excluding matters not covered by this Agreement or where Personnel Board rules and regulations are involved, Disciplinary actions, including discharges, may be grieved under this Article, except as provided in Section 3(1) below. b) Aggrieved Employee(s) - the employee(s) filing the grievance or causing the grievance to be filed. c) Imraediate Supervisor - the individual having immediate supervisory authority over the aggrieved employee(s). d) Division Head - the head of the division in which the aggrieved employee(s) works. Department Head - the head of the department in which the aggrieved employee(s) works. Days - days as referred to as time limits herein shall mean working days (i.e., Monday through Friday, exclusive of scheduled holidays). GSAF-8 Section 6.3, Special Provisions. a) The time limits set forth herein may only be extended and/or modified by written agreement. If the employer violates any lime limits, the bargaining agent may advance to the next step without waiting for the employer's response. If the Association or the gfievant(s) fail to initiate or move the grievance through the grievance procedure, in accordance with the time its set forth herein, it shall be deemed untimely and considered withdrawn. The parties acknowledge that, as a ptindple of interpretation, employees are obligated to work as dix'ected while grievances are pending; except where the safety of a working condition or health of the employee(s) is the basis of the grievance. The aggrieved employee shall be allowed to be present at the various formal steps of the grievance procedure, including arbitration. To the extent said employee is on his/her regular work schedule, he/she may attend without loss of pay for those actual hours during their regular work schedule. The Association shall designate in writing to the City the name of one individual who shall be designated as the Chief Steward, whose function shall be to assist the bargaining unit members in the processing of complaints and grievances under this procedure. In order to investigate, discuss and process grievances, the Chief Steward must request and receive written permission twenty-four (24) hours in advance but it may be less than twenty-four (24) hours in emergerides, and report his/her retum to work upon conclusion of the use of time for grievance matters. An employee may request Association representation in accordance with the provisions of this Agreement at each and every step of the grievance procedure set forth in this Agreement. The bargaining agent, in accordance with its own lawrid internal rules, shall have the sole and exclusive tight to detemune 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 Executive Assistant to the City Manager/Labor Relations, with a copy to the Human Resources Director, and to the employee(s) involved who shall then be free to process it themselves or through legal counsel up through Step 3 only. GSAF-9 If the bargaining agent has declined to process or fur, her process any grievance presented to it, and if any employee, or group of employees, deities to process it ur furdher process theft: own grievance through this procedure, the bargaining agent shall be sent copies of all writtan communications sent by the employer or the employee(s) involved. Further, nothing herera 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 acrlustmant is not inconsistent with the terms of the collective bargaining agreement then in effect; and provided further that the bargainis,g agent has been given notice and a reasonable oppommity to be present at any meeting called for the resolution of such grievances. The bargaining agent shall not be responsible for any costs attendant to the resolution of any grievance(s) it has not processed. The panes acknowledge that multiple grievances may be combined at any stage of the grievance procedure where the class of aggrieved employees is clearly defined and the subject matter of the grievances is the same or similar. At Step I, all formal grievances shall be presented on the Grievance Form provided by the City. The grievance shall indude the date of the alleged violation, the specific article and section grieved; a brief desctiptiun of the grievance, and the remedy requested. The Election of Remedy Form flail be attached to the Step I grievance. Verbal warnings may be grieved only through Step I of this procedure. Written warnings may only be grieved through Step 2 of this procedure. $ection 6.4. Election of Remedies. It is agreed by the Association that employees covered by this Agreement shall make an exclusive election of remedy prior to filing a Step f grievance or initiating 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 of Remedy Form will indicate whether the aggrieved party or parties wish to utilize the grievance procedure contained in the Agreement or initiate action for redress before a govemmantal beard, 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 Step I grievance. GSAF-IO GRIEVANCE STEPS: a) The grievanee shall be fled within ten (10) days of die alleged violation, misinterpsetation ur misapplication of die terms and conditions of employment set fotd~ in this Agreement. The grievance shall be fried widi die division head in writing, on die Grievance Form as provided by die City, and as agreed herein, and shall state die specific article, section and language alleged to have been riobred. The Election of Remedy Form shall be attached to die grievance. The division head or his/her de/~nee shall note die date of receipt of die grievance on die Grievance Form, and shall schedule a meeting widi die aggrieved employee to take place within five (5) days of receipt of die grievance. Within five (5) days of die meeting, die division head shall render a derision and shall immediately communicate diat derision in writing to die aggrieved employee, die bargaining agent, and die department head. The aggrieved employee(s) and/or die bargaining agent may appeal die decision of die division head within seven (7) days of receipt of die derision. The appeal shall be submitted in xxaiting on die Grievance Form to die department head. Faihte to appeal die decision of die division head within seven C0 days shall constitute acceptance by die aggrieved employee(s) and die bargaimng age, nt of the decision as being a final resolution of die issues raised. a) If die aggrieved employee(s) appeals die derision, die department head shall schedule a meeting to take place am more dian five (5) days after receipt of die appeal. The exclusive bargaining agent shall be advised in writing as to die date of the proposed meeting, and shall have die tight to send one (1) observer to the proceedings if die bargaining agent is not involved in die actual representation of die al~*neved employee(s). b) Within five (5) days of die meeting, die department head shall render a decision and shall immedlatdy communicate diat decision in xvtiting on die Grievance Form to die aggrieved employee(s), and to die bargaining agent. c) The aggrieved employee(s) may appeal die decision of die department head within seven CO days of receipt of die decision. The appeal shall be communicated in writing to die Executive Assistant to die City Manager/Labor Relations on the Grievance Form and shall include colftes of all pextment documentation. Failure to appeal die decision of die department head within seven CO days shall constitute acceptance by die aggrieved employee(s) and die bargainhg agent of die derision as being a final resolution of die issues raised. GSAF- 11 8TEPIII a) If the aggrieved employee and/or a representative of the bargaiting unit appeals the derision, the City Manager, or his/her designee, shall schedule a meeting with the aggrieved employee to take place within ten (10) days after receipt of the appeal. Within ten (10) days of the meeting, the Cxty Manager or his/her designee shall render a derision and shall immediately communicate that decision in writing to the a~nieved employee and the bargaining agent. Failure to appeal the derision rendered in Step I~ within ten (10) days by notice of intent to submit to arbitration shall deem the derision at Step III to be final and no further appeal will be pursued, Section 6.5. 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 Ifmding arbitration by an impartial neutal mutually sdected by the parties. Notice of intent to submit the grievance to arbitration shall be communicated by the office of the Association President in writing to the office of the City Manageds designee for Labor Relations within ten 00) days of the receipt of the derision at Step IlL Any request to go to arbit~cation on behalf of the employer is to go to the Assodatioa President. Within fourteen (14) days after written nofice of submission to arbitration, the patties will 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 spedfled 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 Association shall have the ~ight to strike names from the panel. The striking of names from the list of psoposed arbitrators shall be accomplished by having the patlies alternatdy cross out names on the list. The party requesting arbitration shall strike first, The arbitrator shall be notified of his/her selection within five (5) days by a joint letter from the City and the Assodation requesting that he/she set a time and place for a meeting, subject to the availability of the City and the Association. GSAF-12 The arbitrator shall have no right to amend, modify, ignore, add to, or subtract from the provisions of this Agreement. He/She shall consider end decide only the spedtic issue submitted to k/her in writing by the Cxty and the Assodation, and shall have no authority to make a decision on any other issue not submitted to k/her. The arl~xtrator shall submit in writing his/her ded~mn within thin7 (30) days following close of the heating or the submission of briefs by the pardes, whichever is later, provided that the paxties may mutually agree in writing to extend said limitation. The decision shall be based solely upon his/her interpretation of the meamng ot application of the express terms of this Agreement to the facts of the grievance presented. Consistent with this Section, the derision of the arbitrator shall be final and l~mding. All arbitration costs, including the cost of stenographic reporting of the arbitration heating, if agreed to by the pardes, shall be divided equally between the employer and the bargaining agent. Each party will pay the cost of presenting its own case, including the cost of attorney fees and witnesses. Section 6.6. DHtetences Concerning Personnel Rules. A difference of opinion with respect to the meaning or application of the Personnel Rules which ditecdy affects wages, hours, or working conditions may be submitted by the employee or the Association Prefxdent (or his/her de(tgnee) to the C~ty Manager (ur 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 (o~c his/her Representative), shall discuss the matter with the employee and the Association Representative at a time mutually agreeable to the pardes. If no settlement is reached at this meeting, the employee retains his/her right to appeal to the Personnel Board under the statutory p~ocedures governing such appeals. GSAF-13 HOURS OF WORK A/qD OVERTIME Section 7.1. Normal Worklay. The normal workday shall consist of eight (8) hours of work, exclusive of the lunch period, in a twenty-four (24) hour period, unless some other workdays are specifically authorized by the City Manager. Section 7.2. Normal Workweek. The normal workweek shall consist of forty (40) hours per week, and such addifonal time as may, from time to time, be required in the judgment of the City to serve the dtizens 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 temporarj schedule change only, such notice as is practicable shall be given. The implementation of this provision shall not be arbitrary and capricious. Section 7.3. Rest Periods. Employees may take a rest period of fifteen (15) minutes for each half-day of work. Daily rest periods shall be scheduled by the supervisors. Whenever practicable, the rest period will be scheduled approximately mid-point in the first one-half of the employee's regular work shift end in the second half of the employee's regular work shift. Employees who extend thei rest period are subject to disciplina~ acfon. For each additional four (4) hours worked beyond the regular shift, an additional fifteen (15) minute rest period shall be provided. Employees in PSCU shall enjoy a fifty (50) minute meal break and a ten (10) minute rest period which, upon request of an employee and with the approval of the supervisor, will be combined into a sixty (60) minute meal break. Section 7.4. Reporri~ Pay, A fi~l-time employee who reports to work as scheduled will be guaranteed eight (8) hours of work or eight (8) hours of pay; provided, however, that supexvisors may assign employees to perform any reasonable work. Section 7.5. Overtime. It is understood that the City may require necessary and reasonable overtime for unit members, Where employees are eligible for overtime pay under the Faix Labor Standards Act, for all hours worked in excess of forty hours during an employee's workweek, the City will pay the employee one and one-half (1-1/2) times the employee's straight time hourly rate of pay. Annual leave, Holiday leave, and other paid leave shall be considered as time worked for the purpose of computing overtime; but sick leave shall not. GSAF44 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. 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 7.6. Distribution of Overtime Opportunity. Opportunity to work overtime shall be dis~buted 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 requited. Seniority for the purpose of this subsection shall mean length of continuous service with the City. 0vettime oppotnmities shall be accumulated on adequate records (which shall be available to the employees) and offered overtime not worked shall be considered as worked in maintaining these records. If any qualified employee establishes that he/she has not received his/her fair share of overtime opportomties, such employee shall have first preference to future weekly overtime work until reasonable balance is recreated. Employees who have been credited for overtime houn not worked shall not be discriminated against with respect to future overtime opportunities. Section 7.7. Call Back Pay. An employee who is scheduled or called in to work outside of his/her normal hours of work will be guaranteed four (4) hours of work or (4) four hours of pay. It is understood that call-in pay shall not overlap with an employee's regularly scheduled shift. Section 7.8. No Pyramidh~. Premium pay and overtune shall not be paid for the same hours. The employee shall receive the greater of the two alternative premiums. GSAF-15 WAGES & FRINGE BENEFITS Section 8.1. Wages. The City of Miami Beach classification and pay system will be utilized under this contract This includes salary r/rage changes, job audits, and market chssification studies, This does not include cost-of-living increases. No change shall take phce until the Union President or Ms/her designee concurs. No dealsinn made within the context of this provision shall result in a lower grade, the removal of a job classification from the bargaining unit, nor shall said derision result in an exemption from FLSA overtime requirements. Effective with the first (1't) pay period ending in October 2000, there shall be an across-the-board wage increase of two percent (2%) for all bargaining unit positions. In addition, the minimums of each range will increase in accordance with the City's Class & Pay System (which is approximately 14.3%), effective with the first (1") pay period ending in October 2000. Employee's salaries will be adjusted to reflect the changes in the minimum effective the first (1'9 pay period of October 2000. In addition, the foBowing positions will be rechssified effective with the first (1~9 pay period ending in October 2000: 1. Parking Facilities Supervisor will move from Grade 8 to Grade 9 2. Street Operations Supervisor will move from Grade 10 to Grade 12 3. Electronics/ Instx'umenta~on will move from Grade 11 to Grade 12 4, Water Field Operations Supervisor will move form Grade 12 to Grade 13 5. Communications Supervisor will move form Grade 12 to Grade 13 6. Sewer Field Operations Supervisor will move form Grade 12 to Grade 13 7. Pumping Operations Supervisor will move form Grade 12 to Grade 13 8. Senior Building Inspector will move form Grade 13 to Grade 14 Effective on or after October 1, 2000 the employees who have been reclassified (see item (a) above) will receive an additional two percent (2°/0) increase with their Performance Evaluation increase effective on their anniversary date. Effective with the first (1't) pay period ending in October 2001, there shall be an across-the-board wage increase of a minimum of two percent (2%) to a maximum of four percent (4%) according to the CPI-U. Consumer Price Index (CPI-U) All Urban Consumers (not seasonally adjusted, area: US City average, all items) as defined by BLS (Bureau of Labor Statistics) (Data) of US Department of Labor for the twelve (12) month period ending in June 30, 2001. The minimums and the maximums will be increased at the same CPI-U rate. GSAF-16 Effective with the first (1") pay period ending in October 2002, there shall be an across-the-board wage increase of two percent (2%) to four percent (4%) according to the CPI, as defined. Consumer Price Index (CPI-U) All Urban Consumers (not seasonally adjusted, area: US City average, all items) as defined by BLS (Bureau of Labor Statistics) (Data) of US Department of Labor for the twelve (12) month period ending in June 30, 2002. The minimums and the maximums will be increased at the same CPI~U ram. Within thisty (30) days of an employee's merit review date, the employee's Department shall complete a Performance Evaluation and forward it to Hitman Resources. The Evaluation shall be completed in accordance with the policy established by Human Resources. Failure to complete a Performance Evaluation within thirty (30) days will result in an automatic two percent (2%) salary increase. Any other increase will take effect tetroactively when the evaluation is completed. Performance Evaluation increases may total no more than four percent (4%). Employees who receive a score of ninety (90) or above shall receive a four percent (4%) increase on their merit review date. Employees who receive a score of less than ninety (90), but eighty (80) or above, shall receive a tittee percent (3%) increase on their merit date. Employees who receive a score of less than eighty (80), but sixty (60) ur above, shall receive a two percent (2%) increase un their merit date. If an employee's merit rating score does not qualify i/her for a merit increase, the employee may grieve the evaluation up to Step 3 under the provisions of this Agreement. Section 8.2. Holidays. The following fourteen (14) days shall be considered hobdays: New Year's Day, Washington's Bixthday, 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 8.3. Holi~y Pay, a) Whenever any of the hoMays listed in Section 2. Ho~days, of this Agreement fall on a Sunday (or Monday for employees whose regular day off is Monday), the following workday shall be observed as the official holiday; whenever any of the above listed holidays occur on a Saturday (or Friday for employees whose regular day off is Friday), the preceding workday shall be observed as the official holiday. In such cases, the day on which the holiday is observed shall be considered to be the paid holiday and not the regular day. GSAF-17 City celebrated holidays that fall on Tuesday, Wednesday, or Thursday, and said holiday is on the employee's regular day off, than the employee shall receive a day's pay for said holiday, if they meet all of the qualifications contained herein. To be eligible for a paid holiday, an employee must report for scheduled work on the holiday, on the hst scheduled day preceding the holiday and the farst scheduled day following the holiday unless such absences are excused. Excused absances are defined as: 1) an employee calls in sick and is eligible to receive paid sick leave, and who is granted sick leave usage; approved annual leave; floating holiday; birthday. bereavemant. Whenever an observed holiday occurs on an employee's scheduled day off and the employee does not work thereon, the employee shall receive for his/her normal workday a straight time hourly rate of pay for the holiday. Work on a holiday falling on a non-job basis employec's regularly scheduled work day, he/she shall receive holiday pay for the holiday and time and one half for the hours worked. Should a non-job basis employee be required m work on a holiday falling on his/her day off, he/she shall receive holiday pay for the holiday and shall receive pay at double time and one half rate for the hours worked. Failure to report for work on, before, after, or during the holiday after having been scheduled to work on such holiday shall be just cause for denial of holiday pay. A holiday which is observed during an employee' s regularly scheduled workweek shall be considered as time worked for the purpose of computing overtmae for non-job basis employees. Section 8.4. Allowances. Allowances being received by employees as of October 1, 1998 shall condnoe to be paid to those employees during the term of this Agreemant. GSAF-18 Section 8,5. Meal Allowance. An employee who works three (3) or more hours of overtime that is contiguous with his/her shift shall be paid a seven dollars ($7.00) meal allowance. In the event of emergency conditions and employees are supplied with a meal while working the overtime houss, the meal allowance, as provided under this Section, shall cease. Section 8.6. Bereavement Leave, In case of death in the immediate family of an employee, lime off with straight-me pay will be allowed for up to two (2) scheduled workdays per death. An additional three (3) days may be granted, for a maxunum of five (5) days off, if approved by the Department Head. The three (3) additional days off may be charged to the employee's accrued sick or vacation tune, and shall not be counted against the employee for the purposes of performance evaluations ratings. The immediate family shall be defined as father, mother, husband, wife, sister, brother, son, daughter, gnmdchild, grandfather, grandmother, mother-in-law, fatharftn-hw, stepfather, stepmother, stepson or stepdaughter, or domestic parmet (as defined in the Domestic Partner Leave Ordinance). In the case of a death of a member of the employee's family not herein spedfled but who lived with the employee's family at the time of his/her death, consideration will be given to the employee's request to use accrued annual leave or floating holidays to attend the funeral. Upon request, an employee may be required to provide verification of his/her relationship to the deceased and of the death. Section 8.7, Unpaid I,eaves. Leave of absence without pay may be granted in accordance with the City of Miami Beach Personnel Rules. Section 8.8. Jury Du~y. The City of Miami Beach shall permit employees either to keep payments tec(xved from Courts of competent jurisdiction for being on jury duty, or in the alternative, their standard rate of pay, whichever is higher. For each day an employee is called to jury duty, he/she shall be excused from work for such me as is necessary to complete jux3z duty service. GSAF-19 Section 8.9. Unlforma. The City will provide uniforms to bargaining unit employees who are raquired to wear them. New employees will be issued six (6) uniforms upon entry into the bargaining unit. The composition of the uniform shall be determined by the Department Dh:ector after consultation with the Association. The uniforms issued shall be chosen based on considerations of employee safety and comfort, as well as cost. Issued uniforms will be rephced on a urnely basis by the Department upon the employee's presentation of worn ur damaged uniform items provided, however, employees shall receive a minimum of two (2) replacement uniforms each year. Each Department Director shall provide necessary safety/foul weather gear, as appropriate. The Beach Patrol Operations Supervisor shall be provided with one (1) cotton sweat suit per year. The vendors will deliver the uniforms in the month of January of each year for the term of this Agreement. Section 8.10. Safe~y Shoes. Employees in the following job classifications will be sequired to wear safety shoes during all working hours. Effective as of May 1, 1999, a safety shoe ceniticate will be provided for up to sixty dollars ($60.00) to those employees in the following job classifications for the puxchase of safety shoes meeting ANSIZ41 Federal Safety Standards. Those employees in the following classifications will make his/her safety shoe selection from a pradetermined list of safety shoes, which will be developed by a Association/Management Committee cumpfised of two (2) Association representatives and two (2) Management representatives. Air Conditioning Supervisor Electrician Supervisor Fleet Operations Supervisor Metered Service Supervisor Park Operations Supervisor Propert,/Management Operations Supentisor Recreation Supervisor I Senior Engineering Inspector Street Lighting Operations Supervisor Water Field Operations Supervisor Water Service Representative City Surveyor Electronics/Instntments Supercisor Maintenance Supervisor Paint Supervisor Plumbing Supervisor Pumping Operations Supervisor Senior Building Inspector Sewer Field Operations Supervisor Street Operation Supervisor Warehouse Supervisor Employees receiving the safety shoe certificate will be requited to purchase and wear the safety shoes dm'ing 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 requited safety shoes. Action taken against the employee under this Section shall not be appealable to the Personnel Board or grievable under this Agreement. When, due to extreme wear and tear or acddental destruction, a replacement pair of safety shoes is required, the City will grant an additional shoe cextificate for up to sixty dollars Cli60.00) 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. GSAF-20 When due to extreme wear and tear or acddantal destruction, a replacement pit of safety shoes is required, the City will grant an additional shoe certificate for up to sixty dollars ($60.00) for the purchase of a replacement pit of safety shoes when the destroyed or uurepitable pit of safety shoes is turned in to the Department. The Department Director, or his/her designee, shall issue the certificate for the rep/acemant 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 8.11. Shift Differential. Where a majority of an employee's regularly assigned shift hours fall between 3:00 p.m. and 11:00 p.m., the employee shall receive a shift differential of forty five cants (45~:) per hour for work performed after 3:00 p.m. Where a majority of an employee's regularly assigned shift hours fall betwean 11:00 p.m. and 6:30 a.m., the employee shall receive a shift differential of fifty- five cents (55~) per hour for work performed after 11:00 p.m. Section 8.12. Rate of Pay When Workillg Out of Classification. An employee may be requited to temporarily work out of his/her classification when directed by Management. Temporarily is defined as an employee who is dearly and deftditty performing the principal duties in a higher pay classification for more than one hour per day, and they shall not exceed 580 hours in a 12-month period, and shall be paid as follows, except at the sole discretion of the Human Resources Director, he/she may waive the 580 hour cap if in his/her judgment, it will best serve the needs of the City service: If he/she is temporaxily working in a lower classification, he/she shall receive his/her hourly ate in his/her regular classification. Employees will not be assigned to lower classification work as punishment or to demean the employee. If he/she is temporarily working for four (4) or more consecutive hours in a higher paying classification, be/she shall be paid an hourly rate of one dollar ($1.00) per hour to be added to the employee's straight-me rate of pay. Employees being trained with on-site supervisury 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 8.13. Paid leave. Full-me bargaining unit employees shall earn and be paid for sick leave and vacation leave in accordance with Ordinance No. 1335; provided, however that: A medical certificate, signed by a licensed physician, shall be requited to substantiate a request for sick leave when: GSAF-21 a supervisor suspects abuse of sick leave because of a developing pattem (e.g., f~quent sick leave usage of less than one shift in a continuing twelve (12) month period, employee denied annual leave and subsequently claims illness, etc.). The Supervisor shall inform the employee that a doctor's excuse will be requited in order to "approve" any further use of sick leave. Such requiacement shall be reviewed by the Human Resousces Department at the end of six (6) months to determine if it is necessary that it continue; or the illness occurred while the employee was on vacation leave end a request is made to credit sick leave instead of vacation; or c) an employee has been absent from work for more than five (5) consecutive workdays. d) In an emergency, such as a humcane. The grant of emergency leave as provided for in the City's Work Rules may be denied, if an employee does not provide evidence satisfactory to his/her supervisor that the cause of the absence was an emergency. Seclion 8.14. Perfect Attendamce Bonus. Full-time employees who perform the full scope of thei~ reguhtly assigned classi£cadon for the full term of Fiscal Year 1999/2000 shall receive a lump sum bonus of three hun&ed dollars ($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 forty-eight (48) hours in advance. An employee will also be allowed two (2) incidents of tardiness and one (1) emergency vacation. This bonus shall be paid in December of each yemc of the contract. Section 8.15. Patrt-Time E~nployees. Not~.vithstanding any other provision in this Agreement, bmcgaining trait employees who work part-time schedules shall earn fifty percent (50o/0) of sick and vacation leave credits earned by full-time employees. Pay for absences due to illness or vacation shall be for approved hours absent from scheduled assagnments. Payoffs for sick and vacation balances at separation, bereavement leave, and holiday pay shall also be provided at the rate of fifty percent (50%) of that afforded to full-time employees. GSAF-.22 INSURANCE The City shall offer medical, dental, and life insurance benefit plans to full-me bargaining unit employees and thek legal dependents dunng the term of this Agreement. The current co~t of these plans and any premium increase~ shall continue to be shared equally (50%/50%). The level of benefits shall not be altered during the term of this Agreement without agreement by the Group Insurance Board. A bargaining unit employee may serve on this Board for as long as bargaining mt employees participate, exclusively, in the City's group health insurance plan. If the Association wishes to substitute its benefit plans for those offered by the City during the term of the Agreement, it may reopen negotiations of this Article upon sixty (60) days written notice; provided, however, the City's cost may not be increased as a result of such negotiations. GSAF-23 ARTICLE 10 PENSION During the term of this Agreement, the current benefit provisions of the General Employees' Pension Plan shall continue in effect for fitll-time bargaining unit employees. Request City Pension Board provide actuarial study prior to April 2, 2001 as follows: A. Application of Rule of Seventy C/0) B. Retirement window October 1, 2001 C. DROP (Deferred Retirement Option Plan) 2. With ~een (I 5) days notice, either party may request reopeners to discuss the potential for implementation of benefits studied in the actuanal studies. 3. The City agrees to an increase from 1.5% Simple Cost of Living to 2.5% Compounded Cost of Living increase for employees who retire after October 1, 2000. GSAF-24 ARTICLE 11 GENERAl, PROVISIONS Section 1L1. Discrimination. In accordance with applicable federal, and state_law, the City and the Association agree not to discriminate against any employee on the basis of race, creed, color, religion, handicap, sex, national origin, age, sexual orientation, marital status, political party affiliation, or Association membership. Section 11.2. Meetings Between Patlies. At the reasonable request of either party, the Assodation President, or his/her representative, and the City Manager, or his/her representative, shall meet at least quarterly at a mutually agreed me 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 Assodation President, or his/her representative, makes suggestions or recommendations to the City Manager, or his/her representative, sped~cally concerning productivity of job safety, the City Manager, or his/her representative, will respond as appropriate. Section 11,3. Work Rules. The City will provide the Assodation with a copy of any vaitten 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, mend, or modify existing written work rules, or promulgate new vcritten work rules, the proposed changes will be submitted for review to a joint labor/management comnuttee. The City shall have two (2) representatives and the Association 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 derision of the City Manager has been rendered whose derision is not grievable. Section 11.4. Stress Reduction/Police DeRartment's Public Safety Communications Unit. Those employees covered by this Agreement who work in the Miami Beach Police Department's Public Safety Communications Unit (PSCU), will be given a stress reduction training program provided by the City. Such stress training will be a one-day stress senunar as given to sworn officers. Should an employee and/or management superdsor believe that an employee might benefit by being referred to the City's Employee Assistance Program (E, AP), then the employee will be referred consistent with current policies. If an employee needs hdp beyond that offered by the EAP, then the EAP may require appropriate referrals for outside professional assistance. Section 11.5. Labor/Management Committee. There shall be a four (4) member labor/management comnuttee with two (2) members each appointed by the Association President and the City Manager. The committee shall meet at mutuaBy agreed times to discuss matters of common interest. The labor/management committee is not a forum for collective bargaining or resolving specific grievances. GSAF-25 Section 11.6. Safel~. 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 rephcement of said City-issued equipment. The City agrees to provide, upon request, up-to-date, non-glare screens for computer terminals. The City shall evaluate and provide, upon request, a wrist rest, which will help alleviate the stress upon the hands and arms of those employees performing repetitive motion, to all persons who type more than 50% of their workday. The City will provide appropriate stir-defense training to all Parking Enforcement employees. The Assodation is encouraged to have its members volunteer to serve on the Department Safety Comrmttees that are being orgamzed in each City Department. The bargaining unit member serving on the City's Safety Committees will not suffer any loss of benefits or wages for attendance at regularly scheduled meeungs duing regular scheduled work time. No overtime will be paid for attendance at such meetings. If there is a central, Citywide Safety Comnuttee, the Association's President, or his/her designee, may be a member if he/she so requests. Section 11.7. Bulletin Boards. The Association may, at its own expense, place a bulletin board in each department, not to exceed approximately three feet by two feet (3' x 2') in size. The Bulletin Boards shall be used for posting the following Notices of Association Meetings. Notices of Association Elections. Reports of Association Committees. Recreational and Social Affairs of the Assodation. Any material of informational nature related to Govemmant Supennsors Association of Florida/OPEIU. Materials, notices or announcements which contain anythig political or controversial that might reflect upon the City, any of its employees, or any other labor urgamzations among its employees, or any materials, notices, or armooncements which violate any of the provisions of this Section, shall not be posted. Any materials that are posted which are not in confotmance with this Section may be removed at the discretion of the City. Section 11.8, Probationary EnlRloyees. A probationary employee who is dismissed without cause shall have the fight to discuss with the appffmting officer the reasons for such dismissal at a mutually agreed to time. Following such meeting, a probationary employee, if he/she so desires, shall have the fight to furd~er review the reasons for such dismissal with the City Manager or his/her designated 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. GSAF-26 Periods of absence shall cause the probationary period to be extended for an equal mount of time. At the request of the appointing authority, the Human Resources Director may extend the probationary period for up to three (3) additional months provided that the reasons for extension are given to the employee in advance of the exfftration of the initial probationary period. The City acknowledges the importance of giving timely performance appraisals and feedback to probationary employees. Section 11.9. Notification in the Event of Transfer or Contracting Out. When the City contemplates entering into a contract with an outside supplier or service agency to perform services presendy being performed by bargaining unit employees, the City agrees that it will meet and discuss with the representatives of the Association both the decision to contract and the effect of such contract upon members of the bargaining unit. Such discussions will include a review of any cost analysis done by the City and will occur prior to the execution of such a contract. 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. In the event that the employee is not employed by the contractor, the City will offer such employee another available job with the City, if there is a budgeted vacancy and the employee affected by the subcontracting is qualified to perform. Questions of qualification to perform the job duties shall be decided in the sole discretion of the Human Resotu'ces Director. If there are no jobs available, the reduction in force provision contained in the Persormel Rules shall apply. Section 11.10. Scniotil~. 1) When vacations are scheduled, petrnanent vacandes or shifts are filled, or promotions are made to a position within the bargaining unit, seniority shall apply when all other factors are equal. For these purposes, seniority shall be measured by the length of time in the affected classification. 2) 3) 4) Seniority will not apply in an emergency. For those members promoted on the same date, seniority will be determined by date of employment. For members whose promotion date and date of employment are the same, seniority shall be determined by the higher score on the eligibility list. Section 11.11. Reduction in Force, When there is a reduction in the bargaining unit workforce, employees will be subject to the layoff procedure set forth in the City's Personnel Rules. Section 11.12. Militat~ Leave. Federal and State hw concerning military leave govern the City and all employees represented by this Agreement shall receive the benefits of such laws. GSAF-27 Section 11.13. Pay Advances. An employee in this unit may request his/her armual leave pay check in advance of any scheduled annual leave by submitting a request to his/her Department Director at least one (1) pay period p~ior to leaving on annual leave. GSAF-28 ARTICLE 11 DRUG AND ALCOHOL TESTING Section 12.1. The C~ty and the Assodation recogmze that 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 the general public at large. ~ Using, selling, possesfrog or being under the influence of drags or controlled substances while at work is prohibited. Employees are further prohibited from consuming alcohol and drags 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 12.3. The City may require any employee to submit to a blood analysis, urine analysis and/or Breathalyzer when it has a reasonable suspicion as defined in Flotida Statutes 440.102 (N) that an employee is under the influence of or u~mg alcohol, drugs or narcotics and/or when an employee has caused, conttibuted to or been involved in an acddent Cl~ automobile or other iniury). ~ In the event a usine specimen is tested as positive, a potdon of that sample will be subjected to a second test at the employee's request and at the employee's expense. ~ At the conclusion of the drug and alcohol testing, the City may take whatever action, if any, it deems approptiate. In the event that said action is in the form of disdpline, the employee may grieve said disdpime through the contractual grievance/arbitration procedure. ~ The parties agree that an employee's refusal to submit ("refusal to submit" includes adulterating a sample or submitting a false sample) to drag or alcohol testing in accordance with the provisions of fins Article may result in disciplinary action being taken against the employee up to and including dismissal. Section 12.7. Dru~/Alcohol Random TesllU/5 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 Association to this notion, employees will be subject to random testing during the term of fins Agreement. Employees will be chosen from a blind list by the Human Resources Department or its designee. Those employees who have a CDL license and are in the CDL Drug Testing Pool will not be part of the GSA Drug Testing Pool/race the employees who hold a CDL license are already being randomly tested. In other words, all GSA employees will be in either the CDL Random Drug Testing Pool or the GSA Random Drug Testing Pool. GSAF-29 Section 12.8. Last Chance Agreement. Employees testing positive may be offered the opportunity to enter into a "Last Chance Agreement" to continue theh: employment. The Agreement shag require participation in a rehabilitation program and such other requirements as set forth by the City. The City reserves the fight to terminate an employee without providing k/her with a Last Chance Agreement, if the incident giving rise to the posifve drug test involved threatenlog or violent behavior or conduct so disgraceful that it causes substantial embax'nssment to the Administeation. Employees under a Last Chance Agreement who test positive shag be terminated from employment with the City and this is not grievable under the grievance procedure. Employees shag be entitled to only one (1) chance foe substance abuse rehabilitation during employment with the City. GSAF-30 ARTICLE 13 SAVINGS If any provisions of this Agreement are subsequen~y declared by the proper legislative or judicial anthodty to be unlawful or unenforceable, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. Upon issuance of such a decision or dedarafon 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. GSAF-31 ARTICLE 14 ENTIRE AGREEMENT The Association acknowledges that dumag negotiations resulting in this Agreement, it had the tight and oppommity to m, ke demands and proposals with respect to any and all subjects not removed by law from the area of collective batg'ahi~ and that the complete understanding and agreements arrived at by the parties after exerdse of that right and opportumty are set forth in this Agreement. Therefore, the Association waives the ~ight, during the term of this Agreement, to bargain collectivdy with respect to any subject or matter referred to or covered in this Agreement, and it particularly waives the tight to bargain over the City's exercise of any of its Management's fights set forth in the Management Rights Article of this Agreement, e.g., changing work hour schedule, transferring employees, laying off employees, etc., except as otherwise provided herein. The parties intend that this Agreement shall constitute the sole somcce of their tights and obligations from and to each other for its term either by specilic provision or by silence. If the Agreement does not prevant it, the City may take any action (or fail to take any action) it &sites and shall have no obligation to bat, g'am with the Association concerning the taking or not, of the action; but may take unilateral action at the time it desires. The Association 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 titis Agreement, but such impact ba~-~iulng shall not serve to delay Managemant's action until agreement or impasse is resolved concemmg 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 authotied representatives of the pardes before it will be effective. GSAF-32 ARTICLE 15 TERM OF AGREEMENT & REOPENER This Agreemerit shall be effective as of October 1, 2000, end shall continue for a term through September 30, 2003, unless exteuded as follows: Either party may require, by written notice to the other, not hter then June 1, 2003, discussions concerning modifications, amendments, end renewals of this Agreement to be effective October 1, 2003. If ndther party shall submit such written notice during the indicated period, this Agreement shall automatically be renewed, in its entirety, for the period October 1, 2003 through September 1, 2004. Provided the contract was extended under the provisions outlined in umber one (#1) above, tither party may require, by written notice to the other, not later than June 1, 2004, discussions concerning modifications, amendments, end renewals of this Agreement to be effective October 1, 2004. If neither patty shall subtail such written notice dunng the indicated period, this Agreement shall automatically be renewed, in its entirety, for the period October 1,2004 through September 1, 2005. GSAF-33 Executed by the parties hereto on the °~0'~ day of ]2~el4,~,~ ,2000. GOVERNMENT SUPERVISORS ASSOCIATION Richard Ellis GSAF President Donald D. Slesnick Chief Negotiator/GSA G.'e~l.~ckman, GSAF 1'I Vice President' Robin Garb GSAF' Chi Representative Willie ' Vernon Cash Jr. Union Steward/~ Approved by vote of the City Commission, 'ZC) "~_~lbel2- ,~/~ Neisen O. Kasdin Mayor CITY OF MIAM] BEACH ~j ity Manager City Clerk RW~:~sg ~D ASTO FORM & LANGUAGE & FOR EXECUTION GSAF-34 GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA, OPEIU. LOCAl, 100 ELECTION OF REMEDY FORM This form must be completed and (~ned at the f~st step of the grievance procedure. Employee must elect, sign, and date only one of the two following choices: Grievance No. I/We elect m utilize the Grievance Pzocedure contained in the current Agreement betwee~ the Cxty of Miami Beach, Florida, and Government Superciso~s Association of Florida, OPEIU, Local 100. I understand that this choice pzecludes my utilization of Option Number 2. Employee ~xgnature Date __ I/We elect to utilize another forum for my/our grievance, and in d~mg so, I/we permanently waive my/our contractual right to the Grievance Procedure contained in the current labor Agreement between the City of Miami Beach and Government Supetwisors Association of Florida, OPEIU, Local 100. Any resolution of a grievance from another forum cannot be inconsistent with the terms of the collective ba~ining agreement that is in effect. Employee ~tgnature Date MG: vpm a:Neg~tiations\GSA\GSA Final Contract 2000-2003 without strike and underline.doe GSAF-35