HomeMy WebLinkAboutR-02-0539J-02-274
4/16/02
RESOLUTION NO. 0 539
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO ENTER INTO A
COLLECTIVE BARGAINING AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION
KNOWN AS THE FLORIDA PUBLIC EMPLOYEES,
COUNCIL 79, AFSCME, AFL-CIO, LOCAL 871, FOR
THE PERIOD OF OCTOBER 1, 2000 THROUGH
SEPTEMBER 30, 2001.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is authorized'I to enter
into a Collective Bargaining Agreement, in substantially the
attached form, between the City of Miami and the employee
organization known as the FLORIDA PUBLIC EMPLOYEES, COUNCIL 79,
AFSCME, AFL-CIO, LOCAL 871, for the period of October 1, 2000
through September 30, 2001.
1� The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable City
Charter and Code provisions.
, V✓ ii .� tl '� ii yea :Ai
CITY COMUsSlon
KEETIXG ba
MAY - a 2002
Resolut-ion No.
02- 539
Section 2. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.2/
PASSED AND ADOPTED this 9th
ATTEST:
PRLtCILLA A. THOMPSON
. CITY CLERK
APPROVED
Onp7RO VILARELLO
CITYAATTORNEY
117:BSS
day of May , 2002.
4&Wa4a-4n -
Mf or
EL A. DIAZ, MAYOR
AND CORRECTNESS:V
zi If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
Page 2 of 2 02— 539
FINAL
CITY PACKAGE PROPOSAL
4/12/02
AGREEMENT
BETWEEN
CITY OF MIAMI, MIA J, FLORIDA
FLORIDA PUBLIC EMPLOYEES COUNCIL 79,
AFSCME, AFL-CIO, LOCAL 871
October 1, 198 2000 - September 30, 2000-2001
City Union ZL p) 02- 539
TABLE OF CONTENTS
ARTICLE PAGE
AGREEMENT............................................................. 1
APPENDIXA.............................................................. 68
APPENDIXB.............................................................. 69
ABSENTEEISM & TARDINESS ............................... 17 23
ATTENDANCE AT MEETINGS/EMPLOYEE
UNION TIME POOL ..................................................
9
13
BLOOD DONORS .......................................................
33
46
BULLETIN BOARDS .................................................
13
19
DEATH IN FAMILY ...................................................
32
45
DISCIPLINARY PROCEDURES ...............................
16
21
DUES CHECK OFF ...................................................
6
6
EARNED PERSONAL LEAVE ..................................
29
41
ENTIRE AGREEMENT .............................................
40
60
FAMILY LEAVE AND LEAVE WITHOUT PAY......
35
47
GRIEVANCE PROCEDURE ......................................
7
8
GROUP INSURANCE ................................................
27
38
HOLIDAYS.................................................................
28
39
ILLNESS IN FAMILY ................................................
31
44
INCARCERATED EMPLOYEES ..............................
36
49
JURYDUTY...............................................................
34
46
LABOR/MANAGEMENT COMMITTEE ...................
11
16
LAYOFF AND RECALL .............................................
19
26
LINE OF DUTY INJURIES .......................................
25
36
LOSS OF EMPLOYMENT .........................................
18
25
MANAGEMENT RIGHTS ..........................................
4
4
NO DISCRIMINATION .............................................
14
20
NOSTRIKE................................................................
5
5
NOTICES....................................................................
8
12
OVERTIME/COMPENSATORY TIME/CALL-IN.....
21
29
PENSION....................................................................
43
63
PREAMBLE................................................................
1
PREVAILING BENEFITS .........................................
39
60
PROBATIONARY PERIOD .......................................
15
21
PROVISIONS IN CONFLICT WITH LAW ...............
41
61
RECOGNITION..........................................................
1
1
REPRESENTATION OF THE UNION .....................
3
2
REPRESENTATION OF THE CITY ........................:
2
2
SAFETY SHOES AND PERSONAL EQUIPMENT.
24
34
SHIFT DIFFERENTIAL ............................................
23
33
SICKLEAVE..............................................................
30
41
02 539
AGREEMENT
This Agreement, entered into this
Clean up
day of 4.920 ,
between the City of Miami (hereinafter referred to as the "City") and the City independent
Florida Public Employees Council 79, AFSCME. AFL-CIO, Local 871,
(hereinafter referred to as the "Union").
No Change
1;J-'3DrMM NMI
WHEREAS, it is the intention of the parties to set forth herein the full Agreement
between the parties concerning terms and conditions of employment which are within the
scope of negotiations:
NOW, THEREFORE, the parties do agree as follows:
Clean uU
Article 1
Section 1. The bargaining unit is as defined in the Certification issued by the
Florida Public Employees Relations Commission on September- 29,—'1997 November 1
2000, (Certification No. 1174 1304, Case No. EL -2000-037 RC 97- 026 2000-032.) which
includes all the classifications listed in APPENDIX A of this Agreement and excludes all
classifications listed in APPENDIX B of this Agreement.
02-- 539
_....................................................................................ARTICLE PAGE
'PECIAL MEETINGS ............................................... 10 15
jUBSTANCE/ALCOHOL - PERSONNEL
SCREENING.............................................................. 38 51
TERM OF AGREEMENT .......................................... 44 65
TUITION REIMBURSEMENT ................................. 42 62
VACATION SCHEDULING/CARRYOVER.............. 22 31
VEHICULAR ACCIDENTS ....................................... 12 17
WAGES....................................................................... 20 27
WORK INCENTIVE PLAN ....................................... 37 50
WORKING OUT OF CLASSIFICATION .................. 26 37
02-- 539
ii
No Change
Article 2
REPRESENTATION OF THE CITY
Section 1. The City shall be represented by the City Manager, his designee, or the
Labor Relations Officer. The City Manager or his designee shall have sole authority to
conclude an Agreement on behalf of the City subject to ratification by an official resolution
of the City Commission. It is understood that the City representative or representatives
are the official representatives of the City for the purpose of negotiating with the Union.
Negotiations entered into with persons other than those as defined herein, regardless of
their position or association with the City, shall be deemed unauthorized and shall have
no weight or authority in committing or in any way obligating the City. Accordingly, the
Union, its officers, agents and bargaining unit members agree to conduct all business
,:garding wages, hours, and terms and conditions of employment, with the City Manager,
his designee, or the Labor Relations Officer; provided, however, ARTICLE 7 -
GRIEVANCE PROCEDURE of this Agreement shall operate as specifically stated therein.
No Change
Article 3
REPRESENTATION OF THE UNION
Section 1. The bargaining unit shall be represented by a person or persons
designated in writing to the Labor Relations Office by the Union President or his/her
designee. The identification of representatives shall be made by March 15th each year.
The person or persons designated by the Union President or his/her designee, shall have
authority to conclude an agreement on behalf of the Union, subject to a majority vote
of those bargaining unit members voting on the question of ratification. It is understood
02- 539
that the Union representative or representatives are the official representatives of the
bargaining unit for the purpose of negotiating with the City. Negotiations entered ii
with persons other than those as defined herein, regardless of their position or association
with the Union, shall be deemed non -authorized and shall have no weight or authority in
committing or in any way obligating the Union. The Union will notify the Office of Labor
Relations in writing of any changes of the designated Union representative.
Section 2. For the purpose of meeting with the City to negotiate a collective
bargaining agreement, the Union shall be represented by not more than three (3)
bargaining unit members and not more than one (1) non-employee Union representatives.
The employee representatives will be paid by the City for time spent in negotiations, but
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only for the straight -time hours they would otherwise have worked on their regular work
schedule. For the purpose of computing overtime, time spent in negotiations shall not b -
considered as hours worked. Shift differential shall not be paid for time spent in
negotiations.
Section 3. The Union President will be allowed to meet with bargaining unit
employees on City property during the one-half (1/2) hour prior to "work call" on the
condition that the Department Director or his/her designee is advised one (1) working day
prior to the proposed meeting. The Department Director or his/her designee shall
designate the place in the assembly room for said meeting. The Union President shall not
have access to the "work call" premises unless the conditions set forth in this section are
met. It is agreed by the parties the meetings referred to herein will not carry over beyond
"work call" unless specifically approved by the Department Director or his/her designee,
nor shall they interfere with Management's right to direct the workforce.
02- 539
3
No Change
Article 4
MANAGEMENT RIGHTS
Section 1. The Union agrees that the City has and will continue to retain,
whether exercised or not, the sole right to operate and manage its affairs in all respects;
and the powers or authority which the City has not specifically abridged, delegated or
modified by the express provisions of this Agreement are retained by the City. The rights
of the City, through its management officials, shall include, but shall not be limited to, the
right to determine the organization of City Government; to determine the purpose of each
of its constituent departments; to exercise control and discretion over the organization and
efficiency of operations of the City; to set standards for services to be offered to the public;
to direct the employees of the City, including the right to assign work and overtime; to
:e, examine, classify, promote, train or retrain, transfer, assign or reassign (daily or
weekly), and schedule employees in positions with the City; to suspend, demote, discharge,
or take other disciplinary action against employees for proper cause; to increase, reduce,
change, modify or alter the composition and size of the work force, including the right to
relieve employees from duties because of lack of work, funds, or a material change in the
duties or organization of a department; to determine the location, methods, means, and
personnel by which operations are to be conducted, including the right to determine
whether goods or services are to be provided or purchased; to establish, modify, combine or
abolish job classifications; to change or eliminate existing methods, equipment or facilities;
and to establish, implement and maintain an effective internal security program.
Section 2. The City has the sole authority to determine the purpose and mission
of the City, and to prepare and submit budgets to be adopted by the City Commission.
p2 -r 539
4
Section 3. Those inherent managerial functions, prerogatives and policy-making
rights which the City has not expressly modified or restricted by a specific provision of tl
Agreement are not in any way, directly or indirectly, subject to the Grievance Procedure
contained herein.
Article 5
No Change
Section 1. "Strike" means the concerted failure to report for duty, the concerted
absence of employees from their positions, the concerted stoppage of work, the concerted
submission of resignations, the concerted abstinence in whole or in part by any group of
employees from the full and faithful performance of their duties of employment with the
City, participation in a deliberate and concerted course of conduct which adversely affects
the services of the City, picketing or demonstrating in furtherance of a work stoppag,
either during the term of or after the expiration of a collective bargaining agreement.
Section 2. Neither the Union, nor any of its officers, agents and members, nor any
bargaining unit members, covered by this Agreement, will instigate, promote, sponsor,
engage in, or condone any strike, sympathy strike, slowdown, sick-out, concerted stoppage
of work, picketing in furtherance of a work , stoppage, or any other interruption of the
operations of the City.
Section 3. Each employee who holds a position with the Union occupies a position
of special trust and responsibility in maintaining and bringing about compliance with this
Article and the strike prohibition in Chapter 447, Part II, of the Florida Statutes, and the
Constitution of the State of Florida, Article I, Section 6. Accordingly, the Union, if
officers, and other representatives agree that it is their continuing obligation and
responsibility to maintain compliance with this Article and the law, including their
02- N 3 9 5
responsibility to abide by the provisions of this Article and the law by remaining at work
firing any interruption which may be initiated by others; and their responsibility, in
event of breach of this Article or the law by other employees and upon the request of the
City, to encourage and direct employees violating this Article or the law to return to work,
and to disavow the strike.
Section 4. Any or all employees who violate any provisions of the law prohibiting
strikes or of this Article may be dismissed or otherwise disciplined by the City, and any
such action by the City shall not be grievable or arbitrable under the provisions of this
Agreement. Appeal of suspensions or dismissals may be taken to the Civil Service Board
consistent with applicable Civil Service Rules and Regulations.
No Change
Article 6
DUES CHECK OFF
Section 1. During the term of this Agreement, the City agrees to deduct Union
membership dues and uniform assessments, if any, in an amount established by the Union
and certified in writing by an accredited officer to the City from, the pay of those employees
in the bargaining unit who individually make such request on a written check off
authorization form provided by the City. Such deduction will be made by the City when
other payroll deductions are made and will begin with the pay for the first full pay period
following receipt of the authorization by the City. The Union shall advise the City of any
uniform assessment or increase in dues in writing at least thirty (30) days prior to its
effective date.
Section 2. This Article applies only to the deduction of membership dues and
uniform assessments, if any, and shall not apply to the collection of any Union fines,
penalties, or special assessments.
02- 539
6
Section 3. Leauctions of dues and uniform assessments, if any, shall be remitted
by the City during the week following each biweekly pay period to a duly authoriz(
representative as designated in writing by the Union. The Union shall remit to the City
the sum of $200 to provide for the cost of dues check off. Such payment shall be made
annually and shall be received by the City no later than October 1 of each year.
Section 4. In the event an employee's salary earnings within any pay period, after
deductions for withholding, Social Security, retirement, group health insurance, and other
priority deductions, are not sufficient to cover dues and any uniform assessments, it will
be the responsibility of the Union to collect its dues and uniform assessment for that pay
period directly from the employee.
Section 5. Deductions for Union dues and/or uniform assessment shall continue
until either: (1) revoked by the employee by providing the City and the Union with thirt-
(30) days written notice that he/she is terminating the prior check off authorization [the
thirty (30) days notice shall commence on the day the dues cancellation request is mailed
by the City to the Union]; (2) the termination of the authorizing employee, or (3) the
transfer, promotion, or demotion of the authorizing employee out of the bargaining unit.
Section 6. The Union shall indemnify, defend and hold the City, its officers,
officials, agents and employees harmless against any claim, demand, suit or liability
(monetary or otherwise), and for all legal costs arising from any action taken or not taken
by the City, its officials, agents and employees in complying with this Article. The Union
shall promptly refund to the City any funds received in accordance with this Article which
are in excess of the amount of dues and/or uniform assessments which the City has agreed
to deduct.
Section 7. The Dues Check off Authorization Form proviaed by the City shall be
;ed by employees who wish to initiate dues deduction.
No Change
Article 7
GRIEVANCE PROCEDURE
Section 1. A grievance is defined as a dispute involving the interpretation or
application of the specific provisions of this Agreement, except as exclusions are noted in
other Articles of this Agreement.
Section 2. A grievance shall refer to the specific provision or provisions, of this
Agreement, alleged to have been violated. Any grievance not conforming to the provisions
of this paragraph, shall be denied and considered conclusively abandoned. Oral and
written reprimands/warnings/deficiencies shall not be considered grievable under this
orreement or the Civil Service Board. The grievance procedure set forth herein is only
available to permanent employees.
Section 3. Nothing in this Article or elsewhere in this Agreement shall be
construed to permit the Union to process a grievance (a) in behalf of any employee without
his/her consent, or (b) with respect to any matter which is the subject of a grievance,
appeal, administrative action before a governmental board, commission or agency, or court
proceeding, brought by an individual employee or group of employees, or by the Union.
The parties agree that any complaint specifically regarding the interpretation or
application of the Civil Service Rules and Regulations is only reviewable under the
procedure currently set forth in Rule 16, Civil Service Rules and Regulations, and not
--ider this Grievance Procedure.
A request for review of complaints under Civil Service Rule 16.2 may only be made
by employees with permanent status. Such reviews will be denied where the request does
8 02- 539
not cite the specific Cavil Service Rule which is the basis of the complaint; where the issue
is a matter subject to collective bargaining.
Section 4. It is further agreed by the Union that employees covered by this
Agreement shall make an exclusive election of remedy prior to filing a 2nd 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 this Agreement or process the grievance, appeal or administrative action before a
governmental board, commission, agency or court proceeding. Selection of redress, other
than through the Grievance Procedure contained herein shall preclude the aggrieved party
or parties from utilizing said Grievance Procedure for adjustment of said grievance.
Section 5. To simplify the Grievance Procedure, the number of "working days" it
presenting a grievance and receiving a reply shall be based upon a five (5) day work week,
Monday through Friday, not including City-wide holidays.
Section 6. Grievances shall be processed in accordance with the following
procedure:
Step 1.
The aggrieved employee shall discuss the grievance with his immediate supervisor
outside the bargaining unit within five (5) working days of the occurrence which
gave rise to the grievance. The Union representative shall be given an opportunity
to be present at any grievance meeting. Failure of the Union representative to
attend shall not preclude the meeting from taking place. The immediate supervisor
shall review the matter and shall verbally respond to the employee within five (5)
working days.
U2-- 539
0
Where a grievance is general in nature in that it applies to a number of employees
having the same issue to be decided, or if the grievance is directly between the
Union and the City, it shall be presented directly at Step 3 of the Grievance
Procedure, within the time limits provided for the submission of a grievance in Step
1 and signed by the aggrieved employees or the Union representative on their
behalf. The Election of Remedy form as provided in Section 4 of this article shall be
completed and attached to grievances presented directly at Step 3.
Step 2.
If the grievance has not been satisfactorily resolved at Step 1, the Union may
pursue the grievance by a written appeal to the Department Director within five (5)
working days from the time the Step 1 response was issued or due, (whichever
occurs first). The Department Director shall meet with the Union representative
and shall respond in writing to the Union within five (5) working days from receipt
of the written grievance.
Step 3.
If the grievance has not been satisfactorily resolved at Step 2, the Union may
present a written appeal to the Labor Relations Officer within seven (7) working
days from the time the Step 2 response was issued or due, (whichever occurs first).
The Labor Relations Officer shall hold a grievance hearing with the Union
representative and shall respond in writing to the Union within ten (10) working
days from receipt of the grievance.
Step 4.
10 02-- 539
If the grievance has not been satisfactorily resolved within the Grievance
Procedure, the Union may request a review by an impartial arbitrator provid
such request is filed in writing with the Labor Relations Officer no later than fifteen
(15) working days after the Labor Relations Officer Step 3 response was issued or
due, (whichever occurs first).
Section 7. All grievances must be processed within the time limits herein
provided unless extended by mutual agreement in writing between the department and/or
the Labor Relations Office and the Union. Any grievance not processed in accordance with
the time limits provided above shall be considered conclusively abandoned. Any grievance
not answered by Management within the time limits provided above will automatically
advance to the next higher step of the Grievance Procedure.
Section 8. The parties to this Agreement will attempt to mutually agree upon e
independent arbitrator. If this cannot be done, one will be selected from a panel or panels
to be submitted by the American Arbitration Association (AAA).
Section 9. The arbitration shall be conducted under the rules set forth in this
Agreement and not under the rules of the American Arbitration Association. Subject to the
following, the arbitrator shall have jurisdiction and authority to decide a grievance as
defined in this Agreement. The arbitrator shall have no authority to change, amend, add
to, subtract from or otherwise alter or supplement this Agreement or any part thereof or
any amendment thereto. The arbitrator shall have no authority to consider or rule upon
any matter which is stated in this Agreement not to be subject to arbitration or which is
not a grievance as defined in this Agreement, or which is not specifically covered by this
Agreement; nor shall this Collective Bargaining Agreement be construed by an arbitrato.
to supersede applicable laws in existence at the time of signing this Agreement.
Section 10. The arbitrator may not issue declaratory or auvisory opinions and shall
nfine himself exclusively to the question which is presented to him, which question must
be actual and existing.
Section 11. It is contemplated that the City and the Union mutually agree in
writing as to the statement of the matter to be arbitrated prior to hearing; and if this is
done, the arbitrator shall confine his decision to the particular matter thus specified. In
the event of failure of the parties to so agree on a statement of issue to besubmitted, the
issue will be framed by the arbitrator at the time of the hearing.
Section 12. Each party shall bear the expense of its own witnesses and of its own
representatives. The parties shall bear equally the expense of the impartial arbitrator,
and the transcript of the arbitration hearing.
Section 13. Copies of the award of the arbitration made in accordance with the
,jurisdiction or authority under this Agreement shall be furnished to both parties within
thirty (30) days of the hearing and shall be final and binding on both parties.
No Change
Article 8
NOTICES
Section 1. The City of Miami agrees to provide to the Union the following notices or
bulletins: City Commission Agenda, the Solid Waste Department Planning Budget
Estimate, the Solid Waste Budget presentation material given to the City Commission, the
Solid Waste final departmental budget, the City of Miami Budget and revisions and any
other notices, bulletins, or material which the City Manager or his designee determines
would affect the terms and conditions of employment of the members of the Union. Such
.Aotices and estimates will be available for pickup by a Union representative at the City of
Miami's Labor Relations Office.
12
02- 539
Clean Uy
Article 9
ATTENDANCE AT MEETINGS/EMPLOYEE UNION TIME POOL
Section 1. Only one employee Union representative shall be allowed to attend
regular meetings and special meetings of the City Commission, the Civil Service Board,
the Affirmative Action Advisory Board and the Pension Plan Board on City time. Time off
for the employee Union representatives or any other bargaining unit employee to attend
other meetings will be in accordance with Section 2 of this Article.
Section 2. A Union Time Pool is hereby authorized subject to the following:
A. Each fiscal year, the City agrees to provide a non -cumulative time pool bank of
3,000 hours to be used in accordance with the provisions of this Article. In
return for the 3,000 hours non -cumulative time pool bank, any and all hours
heretofore banked are to be considered irrevocably expended at the end of each
fiscal year.
B. For each employee, except the employee Union representative, when on full
time release, who is authorized to use time from the Time Pool, the Union
representative shall fill out the appropriate form as provided by the City. This
form shall be signed by the Union representative and forwarded to processed
through channels of the employee who is to use the pool time. The form must
be processed so that a copy shall be in the Office of the Department Director a
minimum of seven (7) calendar days prior to the time the employee desires such
leave. A copy shall also be forwarded to the Office of Labor Relations. It is
understood on rare occasions the seven (7) day time limit may not be met. Th
employee Union representative or his/her designee then shall forward a detailed
13
explanation to the Department Director as to why tie seven (7) day rule was
not met, and copy the Office of Labor Relations.
C. Employees shall be released from duty on pool time only if the needs of the
service permit, but such release shall not be unreasonably denied. If because of
the needs of the service an employee cannot be released at the time desired, the
Union may request an alternate employee be released from duty during the
desired time.
D. Only one (1) bargaining unit employee shall be released to attend meetings
requested by the City unless management authorizes additional bargaining unit
personnel.
E. In reporting an employee's absence as a result of utilizing the Union Time Pool,
the daily attendance record shall reflect:
"Employee Doe on AL" (Authorized Leave)
F. Any injury received or any accident incurred by an employee whose time is
being paid for by the Union Time Pool, or while engaged in activities paid for by
the Union Time Pool, shall not be considered a line -of -duty injury, nor shall
such injury or accident be considered to have been incurred in the course and
scope of his employment by the City of Miami within the meaning of Chapter
440, Florida Statutes, as amended.
G. Upon written request to the Department Director, the employee Union
representative, or his/her designee, will be released for the term of this
Agreement from his or her regularly assigned duties for the City. The terms of
this Agreement for such release are only to be implemented if the following
qualifications are met by the Union:
14 VG- 539
1. The union President representative, or a designee, will reasonably be
available through the Union office currently located at 2996 NW -6f
Street, a-3314 - 99 NW 183rd Street, Suite 224 Miami, FL.
33169 for consultation with the Management of the City of Miami.
2. As provided in Section 1 of this Article, only the employee Union
Representative or a designee shall be released to attend meetings.
3. The Time Pool will be charged for all hours during which the employee
Union Representative is on off-duty release except that absence due to use
of vacation leave, compensatory leave, or sick leave will be charged to the
employee's leave accounts. Employees conducting Union business or
attending meetings shall not be eligible for overtime or compensatory
time.
Section 3. All applicable rules, regulations and orders shall apply to any person
released under the terms of this article. Violations of the above-mentioned rules,
regulations and orders may subject the employee to disciplinary actions.
Section 4. The City reserves the right to rescind the provisions of this Article in
the event any portion of this Article is found to be illegal. Canceling the Article shall not
preclude further negotiations of future employee pool time.
No Change
Article 10
SPECIAL MEETINGS
Section 1. The City Manager, or his/her designee, and the Union agree to meet
and confer on matters of interest upon written request of either party. The written request
shall state the nature of the matter to be discussed and the reason(s) for requesting the
meeting. Discussion shall be limited to matters set forth in the request, but it is
0 2 - 5 3 19 15
understood that these special meetings shall not be used to renegotiate this Agreement.
)ecial meetings shall be held within fifteen (15) working days of the receipt of the written
request and shall be held between 8:00 a.m. and 5:00 p.m., at a time and place designated
by the City. The Union shall be represented by not more than five (5) persons at special
meetings. One (1) of the employees shall be the person on full time release.
Section 2. Release of an employee from his scheduled work assignment for the
purpose of attending a special meeting shall be made in accordance with ARTICLE 9,
SECTION 2, of this Agreement. However, if the meeting is canceled by the City Manager
or his designee, no charge shall be made to the employee time pool.
No Change
Article 11
LABOR/MANAGEB ENT COhEMWME
Section 1. There shall be a Departmental Labor/Management Committee
established in the Solid Waste Division of the City of Miami. Said Committee membership
shall include representatives from management and the bargaining unit members.
Section 2. The Departmental Labor/Management Committee shall meet at least
once a month, and such meetings shall be scheduled during normal business hours. The
purpose of these meetings will be to discuss quality of work -life, productivity, service,
communication and objectives of mutual concern, not involving matters which have been
or are the subject of collective bargaining between the parties. It is understood that these
Departmental Labor/Management Committee meetings shall not be used to renegotiate
the labor agreement between the City and the Union. All decisions made by the
ipartmental Labor/Management Committee shall be by affirmative consensus.
Section 3. The Departmental Labor/Management Committee meetings shall be
conducted on a semiformal basis with the selection of a chairperson to be determined by
16 02- 539
the members of the Committee. Length of participation of Committee members shall be
determined by the Departmental Labor/Management Committee. The chairperson shE
arrange for minutes to be taken of each meeting and for the distribution of copies to each
member of the Committee, Union Business Manager and the employee Union
representative, the City's Labor Relations Officer, and the City's Labor/Management
Coordinator.
Article 12
VEHICULAR ACCIDENTS
No Change
Section 1. All bargaining unit employees of the Solid Waste Department involved
in vehicular type accidents will be governed by the guidelines below.
Section 2. Employees of the Solid Waste Department will be considered not at
fault when the other party or parties involved in the accident are given a citation o.
summons or the Police Department's investigation concludes a vehicular accident was not
preventable on the part of the employee.
Section 3. Those employees operating motorized vehicles in the Solid Waste
Department shall have the required Florida Operator's License and/or endorsements in
their possession at all times. An employee whose operator's license and/or endorsements
is revoked, suspended or restricted in any way by the State of Florida shall notify his/her
supervisor immediately.
An employee shall notify the Department of any revocation, suspension or
restriction and/or endorsement of an employee's operator's license. Should the employee
not have in his/her possession upon inquiry by the Department a valid license or shoule
the employee fail to notify the Department of the requirements as stated in this section,
he/she shall be disciplined up to and/or including dismissal.
17
Section 5. Accidents will be reviewed by the Union President or his/her designee,
id the Deputy Director or designee of the Solid 'Waste Division. Criteria for the accident
review will be frequency and severity of vehicular damage, property damage or loss.
Section 6. Upon review of the accident, property damage or loss by the Union
President or his/her designee, and the Deputy Director or designee, the employee
operating the vehicle will receive one of the following at the discretion of the Union
President or his/her designee and the Deputy Director or designee:
A. No cause for action (to go to his/her personnel file)
B. Verbal reprimand
C. Loss of driving privileges
D. Suspension
E. Dismissal
Section 7. A loss of driving privileges for a first offense may be with or without a
reduction of pay at the discretion of the two person committee.
Section 8. In the event of a dispute concerning an accident between the Union
President or his/her designee and the Deputy Director, the dispute will be referred to the
Labor Relations Officer for settlement whose decision will be final and binding on all
parties involved. If the final decision results in suspension, dismissal or permanent
reduction in rank, the employee may appeal to the Civil Service Board or may file a
grievance pursuant to the labor contract.
Section 9. In recognition of the accident policy, those vehicle operators who are
classified as Waste Collection Operator I and II, and Waste Equipment Operator and who
regularly scheduled to operate Department equipment shall receive the face value of
one hundred fifty dollar ($150.00) in savings bonds for each annual period the driver is
18 02- 539
accident free by way of not causing an accident. The one (1) year annual period for
measurement will commence each October 1 and payment will be made the first full i
period following November 1st of the next fiscal year for the operators who were accident
free.
Section 10. All vehicle operators as specified by Federal Law shall have obtained
the Federally required commercial driver's license and endorsements as may be
determined necessary by Management. Failure of an employee to possess said license and
endorsements shall result in the employee being placed into a non -driver classification at
the equivalent step in the salary range of the non -driver classification with no change in
anniversary date. Future opportunities of promotion to a driver classification for the
employee placed in a non -driver classification shall be in accordance with Civil Service
Rules and Regulations. Employees who do not have a commercial driver's license ar '
required endorsements shall not be eligible to work out of class in driver classifications.
No Change
Article 13
:SAI
Section 1. The City will provide for the use of the Union a glass enclosed locking
bulletin board at the Solid Waste Department, building. A key to the bulletin board will be
kept by the Department Head or his/her designee, and by a representative of the Union.
The bulletin board shall be used only for the following notices:
A. Recreation and special affairs of the Union
B. Union Meetings
C. Union Elections
D. Reports on Union Committees
0�,� �
539 19
E. Contract Administration Information
Section 2. Notices or announcements shall not contain anything political or
reflecting adversely on the City or any of its officers or employees; notices or
announcements which violate the provisions of this section shall not be posted. Notices or
announcements posted must be dated and must bear the signature of the Union President
or his/her designee. In the event any non -Union material is posted on the bulletin board,
it shall be promptly removed by a representative of the Union or a representative of the
City.
No Chance
Article 14
NO DISCRIMINATION
Section 1. The City agrees to continue its policy of not discriminating against any
-mployee because of age, race, creed, national origin, Union membership or sex. Any claim
of discrimination by an employee against the City, its officials or representatives, shall not
be grievable or arbitrable under the provisions of ARTICLE 7 - GRIEVANCE
PROCEDURE but shall be subject to the method of review prescribed by law or by rules
and regulations having the force and effect of law.
Section 2. The Union shall not interfere with the right of employees covered by
this Agreement to become or refrain from becoming members of the Union, and the Union
shall not discriminate against any such employees because of membership or non-
membership in any employee organization.
02- 539
20
No Change
Article 15
PROBATIONARY PERIOD
Section 1. All bargaining unit employees shall be required to serve twelve (12)
months of continuous service in a probationary status commencing with the date of their
appointment to any bargaining unit classification.
Section 2. Probationary periods may be extended by the Department Director for
an additional period not to exceed six (6) months. The employee shall be advised in writing
of the length of the extension and the reasons for it prior to the end of the employee's
eleventh month of service; provided, however, that probationary period extensions shall
not be appealable to the Civil Service Board nor grievable under this Agreement, but shall
only be subject to review by the Labor Relations Officer whose decision shall be final and
binding on the employee and the Department.
No Change
Article 16
DISCIPLINARY PROCEDURES
Section 1. When an employee has reasonable grounds to conclude that his
participation in an investigatory interview will result in receipt of disciplinary action, the
employee may request that the Union President or a City employee be present at the
interview. The employee's representative shall confine his/her role in the investigatory
interview to advising the employee of his/her rights and assisting in clarification of the
facts. Upon request, the City will make a reasonable effort to contact the employee's
choice of representative, but shall not be obliged to delay the interview for an
unreasonable period of time if that individual is not readily available and the interview
shall proceed.
U' -m 539,
21
Section 2. Investigatory interviews shall be conducted at a reasonable hour,
eferably while the employee is on duty, unless the seriousness of the investigation is of
such degree that immediate action is required. If the employee is required to be
interviewed outside his/her assigned work schedule, he/she shall be paid overtime in
accordance with Article 21 - Overtime/Compensatory Time/Call-In.
Section 3. At the commencement of the interview, the employee shall be advised
of the subject matter of the investigation.
Section 4. Interviews shall be for reasonable periods and shall allow for such
personal necessities and rest periods as are reasonably necessary.
Section 5. In cases where it becomes necessary to immediately discharge or
suspend a permanent, classified employee covered by this Agreement, the employee shall
'-� relieved of duty with pay. Upon receipt of written notice from management of the
specific charges, the employee shall be considered discharged or suspended as specified in
the written notification. Proof of service shall consist of either: a) hand delivery to the
employee, or b) certified mail. delivery to the employee's last known address on file with
the Department of Solid Waste
Section 6. If an appeal of any discharge or other disciplinary action, excluding
oral or written reprimands, is filed with the Civil Service Board in accordance with the
Board Rules and Regulations, such appeal shall be an automatic election of remedy and
shall waive any right on the part of the employee or the Union to file or process a
grievance under the terms of this Agreement protesting such discharge or other
disciplinary action. Should an eligible employee elect to grieve the discharge or other
,ciplinary action, excluding an oral or written reprimand, such grievance shall be made
in accordance with the terms of the Grievance Procedure Article as contained in this
22 02- 539
Agreement. Relative to bargaining unit employees, the Union, its members, and agents
acknowledge that only those rights specifically cited in this Article shall apply to t
imposition of dismissals and suspensions or the resolution of objections to them.
Section 7. Employees who have not attained permanent status in the classified
service, or who are entrance probationary employees, may not grieve disciplinary action
under the provisions of this Agreement. Permanent classified Civil Service employees who
have been appointed to a promotional position but who have not completed the required
probationary period may be reduced in rank at any time prior to the expiration of the
probationary period. Said demoted employee shall not be accorded a hearing before the
Civil Service Board or access to the grievance procedure contained herein. An entrance
probationary employee may be discharged at any time prior to the expiration of the
probationary period. Said discharged or disciplined employee shall not be accorded
hearing before the Civil Service Board or access to the grievance procedure contained
herein.
Section 8. Employees may be disciplined only for proper cause, provided they are
full time employees who hold permanent status in the City's Civil Service.
No Change
Article 17
ABSENTEEISM & TARDINESS
Section 1. The parties agree that employee absenteeism and/or tardiness hinders
the cost efficient delivery of service by the department and creates a hardship for both
management and members of the bargaining unit. The Union will urge its members to
reduce absenteeism, but the Union does not accept responsibility for implementing c
administering the disciplinary program set forth in Section 3 of this Article.
Section 2. Definitions:
02- X30
23
Instance — An absence from work in duration of one or more consecutive work days
for reasons of non job related illness or injury, family illness and/or
absence without leave authorized at least one work day in advance.
A physician ordered absence because of the employee's injury or
acute illness or his attending to serious injury or acute illness of any
actual member of the employee's household shall not be counted as an
instance of absence. Management in its sole discretion may require a
Doctor's statement from the employee verifying same. Failure to
provide the Doctor's verification within three (3) working days shall
cause the absence to be counted as an instance. The submitted doctor's
statement shall verify the nature of diagnosis and the duration of time
the physician feels the illness disabled the employee from performing
his/her work.
Tardiness — Reporting for work in excess of fifteen (15) minutes beyond the
scheduled . starting time of the shift. Employees who are tardy to work
will be carried unauthorized leave without pay in fifteen (15) minute
increments.
Annual Period — A twelve (12) month period beginning with the occurrence of the
employee's first instance.
Section 3. Employees shall be disciplined for absences and tardiness in
accordance with the following schedule:
Number of Instances Discipline
3rd instance in annual period Written reprimand
4th instance in annual period Written reprimand
24 02-- 539
5th instance in annual period 'Three (3) work day suspension w/o pay
6th instance in annual period One work week suspension w/o pay
7th instance in annual period Dismissal
Section 4. Exceptions to the above schedules may be granted by the City Manager
and the Labor Relations Officer, if, in their sole discretion, individual circumstances
warrant such action.
Article 18
LOSS OF EMPLOYMENT
No Change
Section 1. Employees shall lose their seniority and their employment shall be
terminated for the following reasons:
1. Discharge if not reversed.
2. Resignation.
3. Abandonment of position. An employee absent for three (3) consecutive
work days without notification by that employee personally of reason
acceptable to the City may be considered as having resigned unless the
employee has a. legitimate acceptable reason for not notifying the City of
his/her absence. A resignation under this article shall be appealable only
through the grievance procedure. On the second day an employee is absent
"W" (without pay), the City shall notify the employee Union representative
of the employee's absence.
4. Unexcused failure to return to work when recalled from layoff.
5. Unexcused failure to return to work after expiration of a formal leave c
absence.
02— 539
25
6. Retirement.
7. Layoff for a continuous period of twenty-four (24) months.
No Chance
Article 19
LAYOFF AND RECALL
Section 1. Definition: Seniority shall mean the status attained by the length of
continuous service within existing permanent Civil Service classifications within the
Department of Solid Waste.
Section 2. Definition: Layoff shall mean the separation of employees from the
permanent active work force due to lack of work, funds, abolition of position or positions
because of changes in organization or other causes.
Section 3. In the event a permanent or prolonged reduction in personnel is
_etermined to be necessary, length of seniority shall be the determining factor in such
layoff (and any subsequent recall from layoff) except the Department may deviate from
seniority in layoffs or demotions when seniority alone would result in retaining employees
unable to maintain a satisfactory level of service to the citizens when such deviation is
recommended to and approved by the City Manager. In such cases the Union will be
advised of the determination and the reasons therefore.
Section 4. In the event an employee having permanent status in a Civil Service
classification covered by this Agreement is laid off, he or she may have the option to bump
the most junior employee within a lower classification covered by this Agreement in which
he or she held permanent status.
Section 5. For the term of this Agreement, should the City determine it requires
additional personnel in the Solid Waste Department, personnel on layoff will be given an
opportunity to fill a position in the Solid Waste Department in accordance with the Civil
26 02- 539
Service Rules and Regulations. To the extent practical, based on the City's needs,
employees on layoff and who qualify will be considered for vacant part-time and tempore
positions from the established layoff list within the City. Those employees on the layoff
list shall be considered before the City may recruit from employees not currently on the
City's payroll.
Article 20
WAGES
City Proposal
Section 1. The Union agrees with the City that there is a need to address the
operational methods of the Solid Waste Department, which may require a reorganization
of the Solid Waste Department. The reorganizational changes will require implementation
of manning and operational changes in order to increase the efficiency of the department
and reduce costs of the Solid Waste Department. The Union, its officers, agents, an,
members pledge their support in the implementation of any operational changes or
reorganizational program developed. In recognition of the Union and it's members'
support of operational or reorganizational changes the City may implement (including
partial privatization), the City agrees not to lay-off any bargaining unit employees prior to
August 31, 2000, and the Union hereby waives all requirements of approval, and notice of
such changes including impact bargaining, except as indicated below. Should the City
decide to issue an RFP to fully privatize the Solid Waste Department, effective September
1, 2000, or upon expiration of the labor agreement, the Union hereby waives all
requirements of approval, and notice including impact bargaining, except as indicated
below. The City further agrees that in the event an RFP is issued for privatization, th
City will give the Union a minimum of ninety days notice between the date of the issuance
of the RFP and its implementation and, the RFP will require all bargainingunit
02-53 27
employees to be hired by the successful bidder for a period of one year. The City further
exrees to protect the level of vested retirement benefits should the City elect to privatize
the Solid Waste Department. Nothing in this article shall prevent termination of a
bargaining unit employee for cause or as otherwise provided in this Agreement. Layoff
occur as a result of reorganization, layoff will be in accordance with Article 19.
Section 2. Upon ratification of this agreement by the Union and the City
Commission, T -the City agrees to pay a one time 2% across-the-board increase on base
salaries, excluding overtime, retroactive to the first full pay p rind following October 1
2000. The retroactive payment will only apply to those current a4 active classified
bargaining unit employees as of the date of final ratification. i-x—Qeelew-daanee with-fellewing sehedule, w4th eaeh adjustment te be effeetive R -;-R- th-e first day ef the first full pa
—
•. •• A.J.
Section 3. Effective May 5, 1994, active bargaining unit members who retire
(excluding vesting) shall receive a retroactive salary increase of five percent (5%) for the
employee's last or highest one (1) year's salary upon retirement.
The five percent (5%) salary increase shall not be reflected in the hourly pay rate for
the purpose of calculating leave balance payoffs. The five percent (5%) salary increase
shall not be applicable to overtime.
Section 4. All changes in salary for reasons of promotion, demotion, merit
increase, anniversary increase, longevity increase or working out of classification shall be
effective the first day of the payroll period following the effective date of the change.
28
02- 539
Leaves of absences without pay or suspension of any duration shall delay anniversary
increases by the period of time involved.
Section 5. Employees shall become eligible for longevity increases based upon
their most recent date of hire into the classified service; provided, however, that when the
employee is not in a full pay status, it shall cause the effective date of the increase to be
deferred by the same number of calendar days embraced by said period of time. This
provision shall apply to employees who attain ten (10), fifteen (15) or twenty (20) years of
continuous classified service.
Section 6. Any bargaining unit employee, upon normal retirement from City
service, or separating under honorable conditions, who has served for a period of twenty-
five (25) years or more, shall be granted, at the time of his/her normal retirement or
honorable separation one hundred seventy-three and three tenths (173.3) hours of pay.
No Change
Article 21
OVERT "JCOMPENSATORY TBMCALL-IN
Section 1. All authorized hours actually worked in excess of an employee's forty
(40) hour work week shall be considered overtime work. All paid leave time except for
actual hours worked shall not be credited as time worked for purposes of determining
overtime under this article. Where this Agreement provides that employees involved in
Union representation or labor-management activities are to be paid for such time by the
Time Pool or the City, such hours shall not be deemed as hours worked in determining
overtime eligibility. Such payments shall be at the employee's straight time rate of pay,
and shall only be applicable to authorized activities that occur during the employee's fort -
(40) hour work week.
02-- 539
29
Section 2. Employees performing earned overtime work shall, at their discretion,
paid time and one-half at their straight time hourly rate of pay or shall be given
compensatory time at the rate of time and one-half for such work. This overtime rate shall
be all inclusive and no additional compensation in the form of hourly differential, etc.,
shall be paid.
Section 3. The maximum accumulation of compensatory time hours is two
hundred (200) hours. If an employee takes compensatory time off, the hours in his bank
would be appropriately reduced by such time off. If an employee leaves the service of the
City and cashes in his bank, the hours therein shall be valuated on the basis of the rate of
pay earned by that employee during the last pay period of the fiscal year in which the
hours were banked.
Section 4. The parties agree that overtime hours shall not be used in the
computation of arriving at average earnings for purposes of establishing pension benefits.
Section 5. The parties agree that assignments of overtime work shall rest solely
with the Department Head or his designee. Management will attempt to rotate overtime
to eligible persons within their respective classifications. A voluntary sign up list will be
posted for bargaining unit members to sign up for overtime. Management, by utilizing
volunteers, does not waive its rights to require overtime. Any questions regarding the
classifications needed, frequency, staffing, scheduling, emergencies, etc., will remain the
sole prerogative of the Department Head or his designee.
Section 6. The parties agree that assignment of overtime work is on an
involuntary basis and any employee refusing assignments of such work is subject to
isciplinary action as deemed appropriate by the Department Head.
30 02- 539
Section 7. Any permanent bargaining unit employee eligible for overtime shall, if
recalled to duty by Management during off-duty hours, receive a minimum of three
hours plus one (1) hour travel time, paid at the overtime rate. The parties agree that call-
back hours shall not be used in the computation of average earnings for purposes of
establishing pension benefits. An employee out on ill time or worker's compensation will
not receive call back pay for taking the required physical before said employee may be
released to return to work.
No Change
Article 22
VACATION SCHEDULING/CARRYOVER
Section 1. Vacation Scheduling - The Department Director shall establish a
vacation schedule based on a payroll year and shall post it by November 1 of the preceding
year. The schedule shall establish the number of personnel, by classification, who may
take vacation leave at any one time. By November 30th of the year preceding the vacation
year, each employee will select a vacation period in accordance with the Department
Vacation Selection Procedure. Vacation shall be taken by the last payroll period of the
calendar year in which the vacation was credited. Said Vacation Selection Procedure will
be developed by Management (in consultation with the Union) and will include but not be
limited to the following elements. -
A. Vacation selection by seniority in classification.
B. Assignment of an employee number to all employees within each classification
with the number one (1) being the senior person in each classification.
C. Provision of time frames during working hours in which employees will Ix
directed to select their vacation.
By the last payroll period of each calendar year, each employee shall be granted a
acation period subject to the provisions of this Article. Vacation time periods shall be
granted on the basis of the employee's classification seniority. Employees shall not be
permitted to exchange seniority rights in the selection of vacation periods. However,
subsequent to the last payroll period of each calendar year, employees may exchange
vacation periods within their classification subject to the Department Director's approval.
Such approval shall not be unreasonably withheld. Where an employee does not submit a
vacation preference as required above, the Department Director will assign a mandatory
vacation period equal to the employee's current accrual rate not withstanding any
carryover time up to 150 hours. During the vacation year, employees may use additional
vacation leave at the discretion of the Department Director.
Section 2. Employees shall only be allowed to carryover 150 hours of the previous
year's credited vacation. Any excess vacation over the 150 hour automatic carryover shall
be forfeited as of the last payroll period of the calendar year in which the vacation was
credited. Employees who have been carried on full disability the entire previous year shall
be paid for all excess vacation over 150 hours at the rate of pay the employee was earning
at the time the employee was placed on full disability. If an employee is unable to take a
previously authorized vacation due to cancellation by his/her Department, any hours in
excess of the 150 hours which would have been forfeited shall be paid for at the employee's
current rate of pay or shall have the option of rescheduling the previously canceled
vacation within the vacation year the vacation was canceled. If the canceled vacation is
not requested to be rescheduled, the vacation time shall be paid off as outlined above.
Section 3. Effective January 1, 1999, all bargaining unit employees shall accrue
vacation at the same rate. Vacation accrual shall be based on the current vacation
32 02- 539
schedule of bargaining unit employees on an 8 hour work day. Permanent classified civil
service employees after completion of eleven (11) years of service shall be granted four (
hours of vacation annually. Other than regularly scheduled vacation, requests for
additional vacation leave must be requested twenty-four (24) hours in advance of use and
shall be taken in increments of not less than one (1) hour. Vacation leave may be granted
by the Department Director or designee on an emergency basis. Should such request be
denied, the employee may only appeal such denial to the City Manager or his/her designee.
Except for where otherwise provided in this labor agreement. vacation leave may not be
used for illness. Upon an employee's retirement or separation from City service, the
employee will be paid for those vacation hours credited and earned through the employee's
separation date.
Vacation shall be calculated on actual service in the previous calendar year an
shall only be taken after the completion of six months of actual continuous service.
Section 5. In those instances where an employee requests payment of vacation
hours as a result of an emergency situation, such requests will only be considered upon
submission of backup documentation. Approval for such payment will rest solely with the
Labor Relations Officer or a designee of the City Manager.
No Change
Article 23
ool IWOOMWDIZ01
Section 1. A night shift differential of $.50 per hour will be paid to bargaining
unit employees who work a regular established shift between the hours of 6:00 p.m. and
8:00 a.m. However, more than one-half of the hours of the regular established shift mur
be within the hours of 6:00 p.m. and 8:00 a.m.
02- 530
33
Section 2. Consistent with Section 1, night shift differential will only be paid for
.ours actually worked during the regular shift and will not be paid for any overtime hours
and will not be used to calculate any overtime pay rate.
Section 3. Night shift differential shall not be used in calculating average
earnings for pension purposes.
No Change
Article 24
SAFETY SHOES AND PERSONAL EQUIPMENT
Section 1. Bargaining unit employees in those classifications determined by
Management to require the wearing of safety shoes will be provided up to $58.00 for the
purchase of an initial pair of safety shoes.
Section 2. When, due to wear and tear or accidental destruction, a replacement
pair of shoes is required, the City will grant up to an additional $58.00 for the purchase of
another pair of safety shoes. This additional $58.00 shall only be provided when the worn
out or damaged pair is turned in to the Department. The Department Director, or his
designee, shall provide the replacement of authorized safety shoes on the basis of need and
not on an automatic basis. The shoe allowance authorized by this Article shall only be
paid where an employee purchases a pair of safety shoes whose quality is certified as
acceptable by Management. Employees shall be advised of shoe models which conform to
City standards.
Section 3. City furnished equipment which is authorized and requested will be
replaced when worn out or damaged only if the employee returns the worn out or damaged
luipment to the Department. This includes tote barrels, gloves, boots, foul weather gear,
and protective eye glasses.
02- 539
34
Section 4. A bargaining unit employee shall reimburse the City for the repair or
replacement cost of lost, stolen, or damaged City equipment when the employe,
carelessness and/or negligence resulted in the loss, theft, or damage. Such City equipment
shall include but not be limited to keg coolers, tote barrels, rakes, shovels, pitch forks,
chain saws, and axes.
Section 5. The City agrees to annually provide each employee, with four (4) shirts
(two (2) of which may be tee shirts of a quality determined by management), four (4)
pants, one (1) cold weather jacket, and an initial issue of one (1) safety belt and upon the
employee's request up to four (4) caps, if regularly assigned to a 4-10 schedule and five (5)
caps, if regularly assigned to a 5-8 schedule. The cold weather jacket and safety belt will
be replaced every other year. Should an employee lose the issued safety belt, the employee
will be issued another safety belt and shall immediately reimburse the City for the currer
cost of the safety belt through payroll deduction over a period of four pay periods. Annual
requests for uniforms must be made to the Supervisor by the employee during the month
of January or the employee shall be issued the same type of uniform received in the
preceding year. Each uniform draw shall be recorded by the Supervisor and signed for by
the employee. Employees who are absent or who are not working full time in their
classification shall not be eligible for a uniform draw until they return to their regular full-
time assignment. Upon their return to full-time City employment, they will be issued
uniforms within 45 days.
Section 6. Employees issued uniforms, including safety belts, shall be required to
wear the approved uniform as a continuing condition of employment. All issued safety
equipment shall be worn by the employees in the appropriate manner at all times or th,-
employee shall be subject to disciplinary action up to and including termination. Uniforms
02— 539
35
and safety shoes furnished by the City will not be worn on a day when the employee is off
uty
No Change
Article 25
LINE OF DUTY INJURIES
Section 1. The City agrees to pay those medical and hospital expenses as required
by Worker's Compensation Laws of the State of Florida incurred by an employee covered
by this Agreement who is found to have sustained a compensable line -of -duty injury as
provided for by the Worker's Compensation Laws of the State of Florida.
Section 2. The City agrees that any employee covered under this Agreement who
is injured as a result of a workplace (line of duty) accident, shall be granted supplementary
salary in an amount which together with workers' compensation benefits would equal
,eventy percent (70%) of the employee's weekly base salary, excluding overtime and any
pay supplements not included in the employee's base salary, prior to the workplace injury.
However, no supplementary salary will be paid to anyone injured while performing an act
intended to injure or hurt oneself or another.
Section 3. In the event an employee desires a representative of the Union to be
present to discuss a controversy with representatives of the Claims Division of the City of
Miami, the Union representative shall be allowed the time off in accordance with
ARTICLE 9 - SECTION 2.
Section 4. When an employee on disability leave is judged by a City designated
physician to have reached maximum medical improvement, then that employee shall have
's seniority and anniversary dates advanced one day for each day he is in a disability
leave status. Nor shall such employee accrue sick leave, vacation, holiday benefits, or be
eligible for receipt of any pay increases until he has returned to his regular assignor. _ 9
36
Section 5. Nothing in this Agreement shall be construed as a waiver of the City's
rights or employee's rights under applicable State law.
No Change
Article 26
WORKING OUT OF CLASSIFICATION
Section 1. The Department Director, or his/her designee may direct an employee
to serve in a vacant classification which is above the classification to which the employee is
permanently assigned. Higher classification assignments shall be made from a pool of
eligible employees, whenever possible.
Section 2. To be considered for eligibility to work an acting assignment in a
particular bargaining unit classification, an employee must have successfully completed
the Department's basic training course for the classification to which the employee will 1^
assigned, possess the federally required commercial drivers' license (CDL) and any
required enhancements and have satisfactorily demonstrated acceptable work habits and
job performance.
The Department Training Program shall be consistent with the provisions of any
Consent Decree which is in effect.
Section 3. Once an employee has been determined to meet the criteria for
working out of class as specified in this Article, the employee shall be assigned to the
higher classification based on seniority of classified service with the City for the period of
time determined by Management.
In order for an employee to receive working out of class pay, the employee must
have been temporarily assigned to the particular classification for the period of time as set
forth below:
02 x;39
37
Waste Collector Operator I
- 35 work days
Waste Collector Operator II (Garbage) -
Waste Collector Operator II (Sweeper) -
Waste Equipment Operator
35 work days
35 work days
- 95 work days
Once the employee has been temporarily assigned to the particular classification for
more than the period of time indicated in Section 3 in each fiscal year, the employee shall
be paid an increase of five (5%) percent above their normal base pay for all hours worked
in the higher classification beyond the work days as specified for the particular
classification indicated in Section 3.
Those qualified employees who satisfactorily demonstrate acceptable work habits
and job performance and who have worked out of class a minimum of 1040 hours in a
.al year shall not have to requalify for receipt of working out of class pay by again
having to work the specified work days in Section 3 in the following fiscal year. Employees
who do not have a commercial driver's license and required endorsements shall not be
eligible to work out of class in driver classifications. Grievances related to working out of
class issues are only appealable through the grievance procedure.
No Change
Article 27
GROUP INSURANCE
Section 1. The City agrees to pay 100% of the cost to provide the City's current
life insurance and accidental death and dismemberment coverage of $15,000 provided for
Pmployees.
Section 2. The Union agrees to the placement of all bargaining unit employees in
the City's self-insured closed HMO. Said HMO shall include dental care, vision care, and
38
02- 539
an Employee Assistance Program. It is understood by the Union that the health care
contribution paid by a retiree will be determined by the City. The Union agrees that th
do not represent the retirees in determination of health care or life rates, contributions or
benefits.
Section 3. Effective, October 1, 1998, group health premiums will be paid by the
bargaining unit employee with pretax dollars. Bargaining unit employee's biweekly
contributions toward single employee health coverage, including dental and vision, will be
$14.07 biweekly. The bargaining unit employee's biweekly contributions toward family
health coverage, including dental and vision, shall be $60.79.
Section 5. The HMO rates may be adjusted annually upon the City receiving such
notice from the HMO provider. Any increases or decreases in the cost of the City's HMO
health plan shall be shared on a percentage basis such that the employee pays 20% of V
full premium for single coverage and 30% of the full premium for family coverage.
No Change
Article 28
HOLIDAYS
Section 1. The following days shall be considered holidays:
New Year's Day I Columbus Day
Washington's Birthday Veterans' Day
Memorial Day Thanksgiving Day
Independence Day Friday after Thanksgiving
Labor Day . Christmas Day
Dr. Martin Luther King, Jr.'s Birthday
Section 2. Any additional holidays declared by official resolution of the City
Commission shall be added to the above list.
02-- 530
39
Section 3. All full-time employees not on the Incentive Plan, performing work on
ay of the above holidays, shall at their discretion be paid time and one-half at their
straight time hourly rate of pay, or shall be given compensatory time at the rate of time
and one-half for the hours actually worked on the holiday; provided that an employee shall
be paid straight time for hours assigned to the Time Pool.
Section 4. In order to be eligible for holiday pay, the employee must be in pay
status the full working day preceding and the full working day following the subject
holiday.
Section 5. The garbage incentive personnel working on the Garbage Collection
routes during the holiday period, will be provided overtime compensation where eligible.
Those eligible employees will receive the equivalent of one day's pay, plus ten (10) hours of
-)liday pay, for a total of twenty (20) hours compensation.
It is recognized that by working the holidays, the City will increase the cost of
operating the Garbage Collection System within the Department and that the
Administration will be balancing the collection routes, reviewing the utilization of
manpower and the organizational delivery of the sanitation services to the citizens of
Miami. The employees of the Department recognize that this is a necessity if we are to
deliver sanitation services to the citizens of the City of Miami consistent with funds
available to the Department.
Section 6. All conditions and qualifications outlined in ARTICLE 21-
OVERTIME/COMPENSATORY TIME/CALL-IN shall apply to this Article. Hours of
compensatory time accumulated under this Article, when added to the compensatory time
-arned under ARTICLE 21- OVERTIME/COMPENSATORY TIME/CALL-IN shall not
exceed two hundred (200) hours.
02- 539
40
Section 7. Employees assigned to the Rubbish Division shall work on all holidays
where employees assigned to the Garbage Division are working.
Section 8. All holidays specified above shall be designated as non -working
holidays unless the City Manager or his/her designee determines otherwise.
No Change
Article 29
EARNED PERSONAL LEAVE
Section 1. It is agreed by the parties that eligible members of the bargaining unit
who have successfully completed ninety (90) working days shall be entitled to certain
hours of earned personal leave time off each calendar year. All eligible bargaining unit
employees will be entitled to twelve (12) hours of earned personal leave time.
Section 2. The earned personal leave hours shall be mutually agreed upon by the
employee and his immediate supervisor outside of the bargaining unit consistent with th
needs of the Department. The earned personal leave hours off shall not be accrued; they
must be used by the employee during the calendar year or be forfeited. The earned
personal leave hours off are not subject to being converted to cash during the employee's
employment or as severance pay upon the employee terminating his employment with the
City. There shall be no liability to pay any overtime under this Article.
Section 3. Employees shall be allowed to use earned personal leave for a personal
day or birthday consistent with the provisions of this Article.
No Change
Article 30.
SICK LEAVE
Section 1. The parties agree that care and discretion shall be exercised by
Management and the Union in order to prevent the abuse of sick leave privileges.
X92— 539
E1j1
Absences on account of trivial indisposition's must be discouraged. To determine the
:xtent or reasons for an employee's absence on sick leave, the employee's immediate
supervisor outside the bargaining unit at his/her discretion may visit the home of the
employee on sick leave with pay. In cases where Management suspects that an employee
is malingeting, sick leave with pay shall not be granted.
Section 2. Effective January 1, 1999, permanent bargaining unit employees may
be allowed to accrue up to eight (8) hours per month provided that the employee is in pay
status at least one hundred twenty (120) hours per month. Charge for use of ill time shall
be, in one (1) hour increments.
Section 3. Employees in probationary status will accrue sick leave in accordance
with 30.2. However, no sick leave with pay shall be granted during the employee's first
,inety (90) working days.
Section 4. In order to receive sick leave with pay, an employee must notify his/her
immediate supervisor or the person designated by the Department to receive such notice of
illness within thirty (30) minutes after the time scheduled for the beginning of the
employee's daily duties. It shall be the employee's responsibility to notify the department
each day the employee will be out ill within the time frames attained above.
Section 5. Any employee absent on sick leave for more than three (3) consecutive
work days must check with the City Physician for approval before returning to work.
Section 6. Employees covered by this Agreement who are hired prior to October 1,
1984, shall be paid for all unused sick leave upon retirement up to a maximum of six
hundred (600) hours provided, however, employees who as of December 31, 1982, had
-cumulated sick leave in excess of six hundred (600) hours, shall upon retirement be paid
for all accumulated sick leave up to a maximum of nine hundred sixty (960) hours. It is
02- 599
42
the intent of this provision that no employee will be paid for sick leave in excess of six
hundred (600) hours except to the extent that such excess existed on December 31, 1982.
Section 7. Not withstanding Section 6 above, all full time bargaining unit
employees hired on or after October 1, 1984, shall accrue sick leave at the rate of eighty
(80) hours per year. Upon normal service retirement, any employee hired on or after
October 1, 1984, shall be paid for all accumulated sick leave in excess of four hundred
(400) hours not to exceed total accumulated sick leave of one thousand (1,000) hours. Sick
leave shall be cashed out at the following rates:
More than 7, but less than 10 years of service 25%
More than 10, but less than 15 years of service 50%
More than 15, but less than 20 years of service 75%
More than 20 years of service 100%
Section 8. Effective January 1, 2000, employees who have accumulated sick leave
credits in excess of four hundred eighty (480) hours of sick leave, in accordance with
Section 2 of this Article shall as of January 1 of each year have one-half of the excess sick
leave earned the previous year credited to their leave bank. The remaining excess leave
shall be paid off at the rate of one hundred ($100) dollars per day (not to exceed $600) and
shall not be credited to the employee's vacation leave bank.
Section 9. Pay off for accumulated sick leave shall not be used to calculate
average earnings for Pension purposes.
Section 10. An employee who is terminated or who opts for resignation after being
informed of the Department's intent to terminate the employee shall not receive
compensation for unused sick leave upon separation from service or retirement. Sick leave,
conversion shall not occur upon an employee's separation or retirement from the City.
02�a39
43
Section 11. Employees of the bargaining unit shall be eligible for a sick leave cash
inus incentive of one hundred twenty-five ($125) dollars. In order for the employee to
receive the sick leave cash bonus incentive, the employee must not have utilized any sick
leave, been in any without pay status or disability status during any payroll calendar year.
An employee will receive an additional one hundred seventy-five ($175) dollar sick leave
cash bonus if at least one hundred (100) bargaining unit employees have not utilized sick
leave, been in any without pay status or disability status during any payroll calendar year.
Sick leave incentive cash bonuses shall be subject to applicable federal taxes, but shall not
be included for calculating pension.
No Change
Article 31
ILLNESS IN FAMMY
Section 1. All employees covered by this Agreement may be allowed to use up to
forty (40) hours of accrued sick leave in any one calendar year when needed due to serious
injury or acute illness of any actual dependent member of the employee's household.
Section 2. Said dependent member of the employee's household shall be limited to
the employee's immediate family and such member must maintain the employee's
household as his/her actual residence. The immediate family shall be defined as father,
mother, sister, brother, husband, wife, children, father-in-law, mother-in-law,
grandparents, spouse's grandparents, stepfather and/or stepmother.
Section 3. Upon request of the Office of Labor Relations, the employee will
provide sufficient proof showing that the ill or injured person is an actual dependent
ember of the employee's household.
02- 539
No Change
Article 32
DEATH IN FAMII.Y
Section 1. Any employee covered by this Agreement may, in the case of death in
the immediate family, be authorized up to a maximum of forty (40) hours of paid leave to
arrange and/or attend the funeral of a member of the employee's immediate family or to
attend to the personal affairs of the deceased. Said paid leave days shall be taken
consecutively by the employee, excluding normal days off and holidays. The immediate
family is defined as father, mother, sister, brother, husband, wife, children, father-in-law,
mother-in-law, grandparents, spouse's grandparents, and stepfather and/or stepmother if
they have raised the employee from infancy regardless of place of residence, and may
include any other person who was an actual member of the employee's household for ter
(10) or more years. Within thirty (30) calendar days from the date the employee returns
from a death in the family, the employee will file a copy of the death certificate of the
deceased family member. Said death certificate will be attached to the form provided by
the City and submitted to the Personnel Management Department. Failure to produce the
death certificate will result in the employee reimbursing the City for any days taken under
this Article.. Any employee found to have falsified his application for a "K" day will be
dismissed.
Section 2. It is understood that under certain circumstances the employee will be
unable to obtain a death certificate. In this event, in lieu of a death certificate, the
employee shall submit a newspaper account showing the death and relationship of the
deceased to the employee and/or other appropriate criteria, e.g. funeral home program, s
deemed appropriate by the Office of Labor Relations.
02- 530
45
No Change
Article 33
BLOOD DONORS
Section 1. Employees who volunteer as blood donors to contribute to an on-site
City supported Blood Donor Organization will be authorized the paid absence necessary to
accomplish this purpose. The Blood Donor Organization's personnel will determine what
amount of time the donor will need from the point of donation till the time he is released to
go back to work.
Article 34
JURY DUTY
No Change
Section 1. Employees shall be carried on leave of absence with pay for actual
working time lost when called to serve on jury duty. Such employees shall be paid at their
regular hourly rate for all working time lost up to the number of hours they are regularly
scheduled to work each week. Employees who complete jury duty shall report back to
work during their regular work schedule or shall forfeit the City compensation for jury
duty for the day or days in question.
Section 2. In consideration of receiving their regular pay, employees called to
serve on Jury Duty shall promptly notify their supervisor of the call to Jury Duty. The
supervisor shall make a copy of the summons to Jury Duty and forward said copy with the
payroll sheets for the week in which the employee is on Jury Duty.
Employees who serve as jurors for Federal Court shall have deducted from their
aycheck forty dollars ($40) per day in the payroll period following the week in which the
employee was on Jury Duty.
46
02- 539
Employees who serve as jurors for State and County Court shall not have Jury Duty
fees deducted for the first three (3) days of juror service. Employees who serve more tha
three (3) days of Jury Duty shall have deducted from their paycheck a Jury Duty fee equal
to that compensation paid to the employee by the State or County Court in his or her
jurisdiction.
Any changes by the Courts in the above fees shall be reflected in the employee's
paycheck as -they occur.
No Change
Article 35
FAAIULY LEAVE AND LEAVE WITHOUT PAY
Section 1. Effective upon ratification of the labor agreement, bargaining unit
employees may request a leave without pay in accordance with the Family and Medic:
Leave Act of 1993. Such leave is provided under the law for the birth, adoption or foster
care of a child and for a serious health condition of the employee or the employee's spouse,
child, parent or grandparent.
Section 2. Upon approval of the Department Director, with the approval of the
City Manager or his/her designee, a leave without pay may be granted for education or
any other good reason.
Education: A leave without pay may be granted for the purpose of entering upon a
course of training or study calculated to improve the quality of the employee's service to
the City through course work directly related to the employee's job, for a period not to
exceed six (6) months. The request for leave without pay may be extended for ar
additional six (6) months upon the approval of the Department Director and approval of
the City Manager or his/her designee.
02— -539
47
Any bargaining unit employee requesting said leave of absence shall be required to
zbmit evidence of registration upon entering each quarter/semester of school.
Acceptable Reason: A leave without pay may be granted for an acceptable reason
other than specified herein, for a period not to exceed ninety (90) days. Approval for said
leave of absence without pay is at the sole discretion of the City Manager or his/her
designee and shall not be appealable to the Civil Service Board or the grievance procedure.
Section 3. Bargaining unit employees who desire to take a leave without pay for
any reason specified in this Article (excluding serious health condition) must use all
vacation and earned personal leave prior to taking a leave without pay. A request for
leave without pay for a serious health condition as provided under the Family and Medical
Leave Act shall require the bargaining unit employee to use all sick, vacation and earned
:rsonal leave prior to taking such leave. The usage of such leave time will not prevent
the employee from taking leave without pay as specified herein.
Section 4. Bargaining unit employees who take a leave without pay for any
reasons specified in this Article shall not accrue leave time. At the expiration of a leave of
absence without pay, the bargaining unit employee shall be returned to the position
vacated when said leave of absence without pay was granted in accordance with the
provisions of the Family and Medical Leave Act. Leave of absence without pay during the
required probationary period of service shall extend the probationary period the length of
time used during the said leave of absence without pay.
Section 5. The acceptance of another position or engaging in other employment by
`'ie bargaining unit employee while on a leave of absence without pay shall be deemed a
voluntary resignation from the service of the City of Miami.
02- 599
48
No Change
Article 36
INCARCERATED EMPLOYEES
Section 1. The following procedures shall apply to employees who have been
arrested and/or incarcerated.
1) When Management is made aware of a permanent employee's
incarceration, the department will contact the arresting agency for
verification of the arrest record.
2) If the incarceration occurs during the permanent employee's scheduled
work shift, the employee may request the use of his or her available
vacation time, compensatory time or earned personal leave time, not to
exceed twenty-five (25) calendar days. If the employee has not presentr
himself/herself ready for work in twenty-five (25) calendar days, the
employee will be presumed to have resigned.
3) Should the arrest of the employee be of so severe a crime or heinous in
nature, Management, after consultation with the Union President,
employee Union representative or his/her designee may suspend the
employee without pay until adjudication of the case.
4) If the employee wins his or her case, Management is not precluded from
reinstating the employee or taking administrative action arising out of the
arrest and trial consistent with applicable rules and regulations.
02- il39 49
No Change
Article 37
WORK INCENTIVE PLAN
Section 1. It is agreed between the parties that bargaining unit personnel
assigned to the Garbage, Recycling and Rubbish Collection may be placed on an incentive
basis whereby once the assigned route has been certified by the Department Director, or
his/her designee, as being completed, the applicable personnel may be relieved from their
tour of duty for the day. The City reserves the right to require employees to work the full
shift based upon the needs of the department.
Section 2. If an assigned route has not been satisfactorily completed as
determined by Management prior to the end of the normal assigned work day, the
employees will complete the route on the following day. Failure to complete the route in a
nely manner may result in disciplinary action.
Section 3. Should the Department Director determine the Work Incentive Plan in
its entirety or in part is detrimental to the efficient operation of the Department, all or
that portion of the Work Incentive Plan deemed to be inefficient may be discontinued or
modified upon notice to the Union.
Section 4. The Management of the Solid Waste Department shall designate and
have the right to change the starting times of all work assignments.
The following starting times will apply henceforth. Should Management desire to
change said starting times, they will notify the Union fourteen (14) calendar days prior to
the change of shift time.
Garbage Roll Call------- ---- 6:15 a.m.
Trash Roll Call — 7:00 a.m.
50 02-e 539
Street C ming Division -- ----- ----------------- ---10:00 P.M.
White Wings --------------------------------------------------6:15 a.m.
(Temporary shift pending new quarters)
Sanitation Inspection Shifts A and B Tuesdays 8:00 a.m.
Specifically, excluded from the fourteen (14) calendar day notice period are
temporary changes of hours or days off necessitated by special events, civil disturbances,
acts of God and other emergency conditions.
Section 5. Should the Union disagree with the change of shift time, they may
express their concerns to the Department Director. If the disagreement over the schedule
change isn't resolved, the dispute may be appealed to the City Manager or his designee
whose decision will be final and binding upon the parties. This decision will not be subject
to the grievance procedures contained herein or any other administrative review.
No Change
Article 38
SUBSTANCEIALCOHOL - PERSONNEL SCREENING
Section 1. In an effort to identify and eliminate on or off duty controlled
substance/alcohol abuse, urinalysis/ evidential breath test (evidential breath tests (EBT)
shall be utilized solely for testing alcohol content) shall be administered as provided
herein:
A. As a part of a scheduled physical examination.
B. Following any vehicular accident involving a City vehicle occurring on -duty,
while operating City owned equipment, while on City premises, while workinr
off-duty at an event or festival which is within the confines of the City of
02- '53 51
Miami, or travelii-, to and from said event on an off- Aty job or traveling to or
from same involving employee(s).
C. Where a management representative above the classification of Sanitation
Supervisor has a reasonable belief based upon objective factors that the
employee(s) has possession or is using, dispensing or selling any illegal drug or
controlled substance not prescribed by a licensed physician.
D. Where a management representative above the classification of Sanitation
Supervisor has a reasonable belief that the employee is under the influence of
alcohol on -duty.
E. Randomly based on a pool of all employees.
Section 2. All positive tests for a controlled substance will be confirmed by Gas
Chromatography/Mass Spectrometry (G.C.M.S.) or better testing. When a sample is taken
_nder any of the above circumstances, a portion of the initial sample shall be retained for
a second test within 24 hours should either management or the employee request same.
Testing procedures shall be under a reliable state licensed clinical laboratory.
Section 3. Employees shall give a urine sample (EBT for testing alcohol content)
at either a hospital or State accredited testing lab as chosen by the City. Tests by a
laboratory other than a laboratory selected by the City, as provided in this article shall be
the only evidence permitted in any arbitration hearing.
Section 4. Management will notify the Union either by telephone or facsimile
when an employee is to be tested.
Section 5. If a drug tested employee wishes a second testing of the original
mple taken, the following procedures will apply:
52
02- 599
A. The emp; ae has twenty-four (24) hours _..,er he or she or the Unioii is
notified of a positive drug test to request a second test of the remainder of t1-
original
}
original sample. Said right for the second test shall expire after twenty-four
(24) hours.
B. Management will select a second drug testing laboratory to test the remainder
of the original sample.
C. A record of the chain of custody of the sample will be kept during transfer of
the sample to the second lab. Such chain of custody will be developed by
management in consultation with the two labs.
D. NADA rules and regulations with the exception of the levels provided for in
this Agreement will apply to the tests conducted by the first and second
laboratories. All second testing calibration and lab protocol practiced by the
first lab will be followed by the second lab including cut off scores in the lab(,_
agreement.
E. All costs arising out of the request for the second test will be paid by the
employee requesting same. Such payment if necessary may be deducted from a
dismissed employee's last paycheck.
Section 6. If an employee is ordered, back to duty for testing, the provisions of
Article 21 Overtime/Compensatory Time/Call-In will apply.
Section 7. Where a bargaining unit member alleges that an order made under
this Article is not consistent with the criteria cited herein, he shall comply with the order,
and may simultaneously file a protest with the communicator of the order. Disputes
arising out of such orders that results in discipline shall be arbitrable under Article '
Grievance Procedure of this Agreement.
02-- 539 53
Section 8. Disputes ..rising out of reasonable belief sh, be arbitrable under the
7,xpedited Arbitration Rules of the American Arbitration Association.
Section 9. The employee(s) shall not be disciplined until a positive test result is
communicated to the City. However, if the employee's conduct in connection with the
substance/alcohol abuse amounts to conduct for which the City may otherwise discipline
the employee, the City may take action prior to knowing of a positive test result.
Section 10. Once the Department has determined that an employee is to be tested,
the employee will be relieved of duty and may elect to use vacation, compensatory time or
earned personal leave until such time the employee is returned to work as a result of a
negative test, enters rehabilitation as provided herein or is disciplined.
Section 11. The Union will be advised of passed or failed tests to the extent that
the releasing of such data is consistent with Federal or State laws regarding the privacy of
.yid test or if the individual involved does not want his test results released to the Union.
REHABILITATION
Section 12. In the event that the results of any substance/alcohol test are positive,
the following criteria will apply:
A. The employee at his/her own cost shall, within seventy-two (72) hours of the
positive test notification, excluding weekends and holidays, enter and remain in
a substance/alcohol program approved by the City and the Union until the
approved program administrator is able to state that the employee has been
successfully rehabilitated. If the employee fails to enter the approved
substance/alcohol program within seventy-two (72) hours, the employee will be
terminated. While in the program, the employee will be allowed to return to
54 02-- 539
work if th program administrator approve-, if not, the employee may be
suspended until the program administrator approves the employee's return
work. Such suspension shall not exceed six months. Employees shall not be
permitted to work in drivers' positions until the program administrator feels
certain there is no possibility that the employee is using drugs/alcohol and
submits this opinion in writing to the City. If the employee is not rehabilitated,
he or she will be dismissed. If the employee is rehabilitated, as determined by
the program administrator, the employee shall be allowed to return to work.
B. If relieved of duty, the employee, will use all of his/her compensatory leave,
vacation time, sick time, and earned personal leave and then the employee will
be placed in a leave without pay status.
C. If the employee fails to enter, participate in and/or successfully complete the
program, including any aftercare program, the employee shall be terminate._
from his/her employment with the City.
D. Employees who are or have been cleared to return to work by rehabilitation
administrators, shall be subject to random substance screenings by the City for
a period of two (2) years from the date the employee returned to work. The City
will be limited to ten (10) random, screenings per twelve (12) month period.
Employees testing positive on an initial random test shall be entitled to a
second test as outlined in 38.5 of this article. Employees who test positive to a
confirmatory test or refuse to be tested shall be terminated from employment
with the City.
E. Employees are entitled to one chance at rehabilitation during their employmen
with the City. Employees who have been through at least one (1) rehabilitation
02- 539 55
program, who at k. ater date test positive to an initia. abstance screening shall
be entitled to a second test as outlined in 38.5 of this article. Employees whose
sample test positive on confirmatory test or refuse to be tested shall be
terminated from employment with the City.
F. Employees who are terminated for failure to meet the requirements of
rehabilitation as described herein shall have no appeal rights through Civil
Service, the grievance procedure or any other forum.
Section 13. The Omnibus Transportation Employee Testing Act of 1991 shall apply
to all bargaining unit employees who fall within the definition of covered employees as
described within the Act. The provisions of this Article shall be followed to the extent they
do not violate the Act.
Section 14. The testing laboratory shall be licensed by the State of Florida as a
.inical laboratory specializing in the analysis of body fluids for drugs and alcohol.
Section 15. Said laboratory must have a licensed clinical laboratory director
currently licensed by the State of Florida. Further, technical staff must be licensed by the
State and said personnel shall include a licensed supervisor.
Section 16. The State of Florida Health and Rehabilitative Services inspects such
toxicology labs and the lab utilized must have a, track record of having passed and
continue to pass the Health and Rehabilitative Services inspections as required by the
State of Florida.
Section 17. Participation in the College of American Pathologists Proficiency
Testing Program would be a desirable qualification of the testing laboratory. Said lab
"sensed directors should have experience in spectroscopy toxicology and drug analysis.
56 U2_ 539
Such experience shou ae supplemented by formal educa _ _on and appropriate lab work for
a minimum of 10 years.
Section 18. All EBT's with an alcohol content level of 0.02 or greater shall be
considered a positive test result and shall serve as the confirmatory test.
INITIAL TESTS - URINE
Section 19. The initial testing shall use an immunoassay method which meets the
requirements of the Food and Drug Administration for commercial distribution.
Section 20. The following cutoff concentrations shall be applicable to determine
whether specimens are negative or positive for the following drugs or classes of drugs
utilizing the initial test procedure:
Initial Test Level (ng/ml)
Total Cannabinoid Metabolites 40
Total Cocaine Metabolites** 50
Opiates 1000
Phencyclidine 25
Barbiturates 300
Benzodiazepine i 300
Amphetamines 1000
Methaqualone 750
CONFI UVIATORY TEST - URINE
Section 21. All specimens identified as positive by the initial test shall be
confirmed using gas chromatography/mass spectrometry (GCS/MS) techniques. GCS/MS
02 '9 57
confirmation procedures at .ne following cutoff concentratiL shall be used for the
,llowing drug:
Confirmatory Test Level (ng/ml)
Marijuana Metabolite*
20
Section 22. For all other drugs listed below, the confirmatory test shall detect the
confirmed presence of the substance. The laboratory must be prepared to provide evidence
from its quality control program to prove its capability of detecting such substances.
Cocaine or cocaine metabolites
Opiates
Phencyclidine
Barbiturates
Benzodiazepine
Amphetamines
Methaqualone
These concentrations are subject to revision with changes in convention or
technology. The laboratory must be able to document its performance at the cutoff level by
the use of quality control, both open and blind.
Proper chain of custody controls shall always be enforced during confirmation
testing. Authorized confirmation technicians shall sign the chain of custody form and be
responsible for each urine specimen to be tested. The laboratory shall include sufficient
safeguards to ensure that unauthorized personnel are prevented from gaining access to
the confirmation laboratory.
58
02- 539
EXPEDITED ARBITRAT...,N
Section 23. It is anticipated as soon as possible after ratification of the Lab
Agreement between the City of Miami and the Union President and the City Labor
Relations Officer will pick two (2) area permanent Umpires to hear employee drug
grievances. The two Umpires will alternate hearing only grievances where the bargaining
unit member alleges a violation of this Article. Said grievance will be limited to whether
or not there was reasonable belief based on objective factors to require the grievant to take
the Alcohol/Controlled Substance test.
Section 24. The cost of the Umpire's decision will be borne by the employer if the
Umpire rules there was not reasonable belief to require the employee to take the test. If
the Umpire rules there was reasonable belief to require the employee to take the test, the
Union will pay the cost of the Umpire if the Union processed the grievance. If the grievant
processed the grievance on his/her behalf, he/she will pay the cost of the Umpire.
Section 25. It is anticipated that an expedited hearing would be held before the
Umpire under the American Arbitration Association rules of expedited arbitration and no
post hearing briefs would be filed. The drug grievance will be submitted directly to
arbitration and will be heard no later than three (3) calendar days after the employee was
required to take the Alcohol/Controlled Substance test. The Umpire will rule at the close of
the hearing and an oral response from the Umpire will be sufficient to settle the grievance.
Section 26. The two Umpires shall serve from year to year and shall be appointed
by a letter jointly signed by the Union President or his/her designee and the Labor
Relations Officer. Should either the City or the Union wish to drop an Umpire, the
Umpire shall be notified and the parties shall agree on a replacement. If they are unabl
02- 539 59
to agree, each party will pL „wo (2) names -into a hat and tt aame drawn will be the
replacement for one (1) year.
Section 27. The Alcohol/Controlled Substance test will be held confidential by the
laboratory until the Umpire rules. If the employee grieves the test, said grievance must be
in writing and submitted to the Labor Relations Officer on the same day as the initial test
or no later than the next regularly scheduled work day of the Labor Relations Officer. If
the test is positive for alcohol or a controlled substance, the process will continue as
outlined in this Aiticle. If the Umpire rules there was no reasonable belief to test the
employee, the test sample will be thrown out and no results will be released.
No Change
Article 39
PREVAILING BENEFITS
Section 1. Job benefits heretofore authorized by the City Manager continuously
enjoyed by all employees covered by this Agreement as of September 30, 1973, and not
specifically provided for or abridged by this Agreement, shall continue upon the conditions
by which they had been previously granted.
Section 2. Provided, however, nothing in this Agreement shall obligate the City to
continue practices or methods which are unsafe, obsolete, inefficient or uneconomical.
Section 3. If the City desires to change such job benefits, the matter shall be
negotiated between the City and the Union. If the parties deadlock in the negotiations,
the question(s) being negotiated shall be submitted to binding arbitration.
60 02- 539
No Chauige
Article 40
ENTIRE AGREEMENT
Section 1. This Agreement, upon ratification, constitutes the complete and entire
Agreement between the parties, and concludes collective bargaining for its term.
Section 2. The parties acknowledge that during the negotiations which resulted
in this Agreement, each had the unlimited right and opportunity to make demands and
proposals with respect to any subject or matter not removed by law from the area of
collective bargaining, and that the understandings and agreements arrived at by the
parties after the exercise of that right and opportunity are set forth in this Agreement.
Therefore, the City and the Union for the duration of this Agreement, each voluntarily and
unqualifiedly waives the right and each agrees that the other shall not be obligated to
bargain collectively with respect to any subject or matter referred to, or covered, in th=
Agreement, or with respect to any subject or matter not specifically referred to, or covered,
in this Agreement, even though such subjects or matters may not have been within the
knowledge or contemplation of either or both of the parties at the time they negotiated or
signed this Agreement.
Section 3. Such Agreement precludes the initiation by the Union of any municipal
legislation which would result in the alteration or cost increase of the benefits agreed to in
this Collective Bargaining Agreement or to increase the cost of other employee benefits not
specifically provided for in this Collective Bargaining Agreement.
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61
No Change
Article 41
PROVISIONS IN CONFLICT WIL
THAW/NEW TECHNOLOGY
Section 1. If this Agreement or any provision, section, subsection, sentence,
clause, phrase, or word of this Agreement, is in conflict with any existing State or Federal
law, or future State or Federal law; or with any existing City ordinance; or with any
interpretation of this Agreement made by a court of competent jurisdiction, that portion of
this Agreement in conflict with said law or ordinance or resolution, or court interpretation
of law, shall be null and void; but the remainder of the Agreement shall remain in full
force and effect with it being presumed that the intent of the parties herein was to enter
into the Agreement without such invalid portion or portions.
Section 2. Not withstanding any other provisions of this Agreement, the employer
gay take all actions necessary to comply with the Americans with Disabilities Act.
No Change
Article 42
Tuition Reimbursement
Effective October 1, 1998, it is agreed between the parties that a tuition
reimbursement program designed to encourage City employees to improve their job
performance and increase their value to the City by,pursuing courses of study at Miami -
Dade County educational institutions. The policy governing the tuition reimbursement
program is intended to be flexible, with broad discretion for approval reserved to the
Department Director and the City Manager so as to insure increasing on-the-job
effectiveness of City employees. The tuition reimbursement program shall not be subject
to budgetary constraints.
Any full-time, permanent City employee shall be eligible to participate in the
Tuition Reimbursement Program.
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62
All course work must be taken at or from an accredited college, university or
educational institution approved by the City Manager or the Labor Relations Officr
Class attendance will be on the employee's own time unless otherwise noted in the course
announcement and authorized by the City Manager or the Labor Relations Officer.
Reimbursement will be limited to straight tuition costs up to a maximum of $600.00
per year. Books, incidental fees, and other costs related to the course work will not be
reimbursed by the City.
To be eligible for reimbursement, the employee must successfully complete the
course work and provide evidence of successful completion to the City. Successful
completion must be evidenced by a grade of "C" or better.
Procedures for reimbursement will be as follows:
A. The employee must obtain three (3) copies of the Application for Tuition
Reimbursement form for each course from his department or the Human
Resources Department.
B. The employee must complete the application in triplicate and submit it t
his department director prior to registration at the education institution.
C. The Department Director will then review the application and if approved
forward the original and one copy to the Human Resources Department. If
the application is disapproved, it is then returned to the employee by the
Department Director.
D. The Human Resources Department has the authority to approve or
disapprove the application, and applications not approved will be returned
to the Department Director with the reason for rejection noted thereon.
In the event the employee resigns or is terminated from the City within one (1) year
following completion of the course(s) for which City funds have been expended, the amount
of tuition reimbursement paid to the employee will be reimbursed to the City by the
employee upon his termination from the City through a deduction from his final paycheck.
Upon completion of the course work, the employee must submit his semester gradE
report together with the tuition fee receipt to his Department Director. The Department
02-- 5'39 63
Director will submit the approved application for tuition reimbursement along with the
nployee's semester grade report to the Finance Department who shall then reimburse
the employee for the City's share of the tuition reimbursement. The employee's
Department Director will advise the Human Resources Department of the employee's
satisfactory completion of the course.
Article 43
Pension
No Chane
Effective October 1, 1998, it is hereby agreed that the City Independent Group
Union ("CIGU") and the City of Miami ("City") shall enter into this Memorandum of
Understanding to modify the funding section of the Gates Settlement; to modify the cost -
of -living adjustments ("COLA"); to modify the pension benefit multiplier; and to resolve
amortization issues by retirement of the Gates Settlement Schedule B payments effective
om Fiscal Year 1998-99 actuarial valuation report of the General Employees' and
Sanitation Employees' Trust ("GESE")
Modification in Gates v. City of Miami
The AFSCME, CICU, City of Miami Retirees Association, and the City will endorse
and present to the Circuit Court a joint motion for modification of Final Judgment in
Gates v. City of Miami.
Retirement Benefit Multiplier (Section 40-255 (a) (3); (b) (2) b; (d) 2; (e) (2) b)
A member exercising service retirement, rule of 70 retirement, or vested right to
retirement, on or after October 1, 1998, shall be entitled to receive a retirement allowance
equal to 3 percent of the member's average final compensation multiplied by years of
creditable service, which amount shall be paid yearly in monthly installments. Upon
tirement on or after October 1, 1998, for ordinary disability, a�member shall commence
receipt immediately a retirement allowance equal to 3 percent of 90 percent of the
64 02- 539
member's average fi: ., compensation multiplied by yb-.rs of creditable service, which
amount shall be paid yearly in monthly installments, providing that the resultir
retirement allowance does not exceed 30 percent of the member's average final
compensation.
Longevity Supplement (Section 40-255 (a) (4) c. 2)
Effective October 1, 1998, the longevity supplement specified in Section 40-255 (a)
(4) c.2 of the City of Miami Code shall cease to be available.
COLA Benefit (Section 40-256)
Effective October 1, 1998 there shall be a minimum COLA benefit of $54.00 per
year and a maximum COLA benefit increase of $400.00 per year, provided the retiree's
first anniversary of retirement has been reached. The COLA percentage will be increased
to 4% of total benefits and the cumulative COLA benefit on a quarterly basis will be
eliminated. The COLA benefit will be paid on a monthly basis.
Clean Un
Article 44
TERM OF AGREEMENT
Section 1. After a majority vote of those bargaining unit employees voting on the
question of ratification and thereafter upon its ratification by an official resolution of the
City Commission ratifying the Agreement and authorizing the City Manager to sign the
Agreement on behalf of the City, unless otherwise agreed to by the parties, then the
Agreement, upon being signed by the appropriate Union representatives and the City
Manager, shall become effective at 12:00 a.m., October 1, 47- 2000, or as otherwise
provided in this Agreement, whichever date is later. The Agreement shall continue in full
force and effect until 11:59 p.m., September 30, 2000 2001.
02 539 65
effective date is otherwise specified in this Agreement, changes to the labor agreement will
effective upon ratification of the Agreement.
Section 2. On or before April 1, 2000 2001, the Union shall notify the City in
writing of its intention to renegotiate the Agreement in force, and attached thereto shall
include a list of proposals which shall inform the City of the items which they desire to
negotiate.
Section 3. On or before May 1, 2AW 2001, the parties shall present each other
with a list of proposals it desires to negotiate, together with the specific language
describing its proposals.
Section 4. Initial discussions shall thereafter, and no later than June 1, 2009
2001, be entered into by the City and the Union.
AGREED to this day of , 1998 2002 and between the
respective parties through an authorized representative or representatives, of the Union
and by the City Manager.
66
02- 539
ATTEST: Glp -z r�rnERENT�L+AT+T+ QR4upTTATIONTlIT�T
v:�
FLORIDA PUBLIC EMPLOYEES COUNCIL 79,
AFSCME, AFL-CIO. LOCAL 871
ATTEST: ON THE PART OF THE CITY OF MIAMI,
MIAMI, FLORIDA
City Manager
CITY CLERK
APPROVED AS TO FORM
AND CORRECTNESS
CITY ATTORNEY
02- 539
67
• •-?igii�i�d
68 02- 539
SALARY
CLASS
RANGE
CODE
NUMBER
CLASS TITLE
NUMBER
3448
Sanitation Shop Maintenance Worker
21D
3017
Waste Collector/Garbage
19D
3020
Waste Collector/Trash
19D
3108
Waste Collector Operator I
20D
3109
Waste Collector Operator II
21D
3110
Waste Equipment Operator
22D
68 02- 539
APPENDIX B
CLASS
CODE
NUMBER CLASS TITLE
7032 Chief Sanitation Inspector
3022 Sanitation Supervisor
7035 Sanitation Inspector
7031 Sanitation Inspector II
3026 Waste Collection Superintendent
3025 Assistant Waste Collection Superintendent
69
Appendix C
N—MORANDUM OF UNDERSTAN, YG
AN ENDMENT TO GATES SETTLEMENT
It is hereby agreed that the American Federation of State, County and Municipal
Employees ("AFSCME"), Local 1907, the City Independent Group Union ("CIGU'D, and the
City of Miami ("City') shall enter into this Memorandum of Understanding to modify the
funding section of the Gates Settlement; to modify the cost -of -living adjustments ("COLA'); to
redefine the funding mechanisms, the asset valuation methods; to modify the pension benefit
multiplier, and to resolve amortisation issues by retirement of the Gates Settlement Schedule B
payments effective from Fiscal Year 1998-99 actuarial valuation report of the General
Employees' and Sanitation Employees' Trust ("GESE').
PENSION MODIFICATIONS:
Modification in Gates v. City of Miami
The AFSCME, CIGU, City of Miami Retirees Association, and.the City will endorse and
present to the Circuit Court a joint motion for modification of Final Judgment in Gates v..City of
Retirement Benefit Multiplier (Section 40-255 (a) (3); (b) (2) b, (b) (3) (c) (1); (d) 2; (e) (2) b)
A member exercising service retirement, rule of 70 retirement, early service retirement as
provided under Section 40-255 (b) (3) (c) (1), or vested right to retirement, on or after October 1,
1998, shall be entitled to receive a retirement allowance equal to 3 percent of the member's
average final compensation multiplied by years of creditable service, which amount shall be paid
yearly in monthly installments. Upon retirement on or after October 1, 1998, for ordinary
disability, a member shall commence receipt immediately a retirement allowance equal to 3
percent of 90 percent of the member's average final compensation multiplied by years of
creditable service, which amount shall be paid yearly in monthly installments, provided such
02- 539
retirement allowance ex .eds 30 percent of the member's average final compensation, otherwise
a retirement allowance equal to 3 percent of 90 percent of the member's average final
compensation, multiplied by the number of years which would be creditable to the member were
the member's service to continue until the attainment of the member's normal retirement age,
providiwd further that the resulting retirement allowance does not exceed 30 percent of the
member's average final compensation.
Longevity Supplement (Section 40-255 (a) (4) c. 2)
Effective October 1, 1998 the longevity supplement specified in Section 40-255 (a) (4)
c.2 of the City of Miami Code shall cease to be available.
COLA Benefit (Section 40-256)
Effective October 1, 1998 there shall be a minimum COLA benefit of 554.00 per year
and a maximum COLA benefit increase of $400.00 per year, provided the retiree's first
anniversary of retirement has been reached The COLA percentage will be increased to 4% of
total benefits and the cumulative COLA benefit on a quarterly basis will be eliminated The
COLA benefit will be paid on a monthly basis.
Asset Valuation Method
The actuarial methodology for evaluating assets shall be changed to moving market value
averaged over three years, beginning September 30, 1997. (As of October 1, 1997, market value
shall be used; as of October 1, 1998, a two-year moving average shall be used; as of October 1,
1999, and thereafter, the three-year moving average shall be used.) Whereby each year the
actuarial asset value starting with the market value as of October 1, 1997 will be projected
forward at the valuation date based on actual contributions and benefit payments at the assumed
interest assumption. This projected actuarial value is then compared to the market value of assets
at the valuation date. One third of the difference plus prior deferrals is added to the projected
actuarial asset value to equal the actuarial asset value. Two thirds of the difference between
0 3- 9
erred to each of the next two years as future
projected actuarial and market asset value is def
adjustments to the actuarial asset value. The result cannot be greater than 120% of market value
or less than 80% of market value.
Cost Method
The modified aggregate entry age normal cost method will be applied for cbsts as of
October 1, 1998, and each October 1' thereaf%r, based on demographic and asset data as of the
previous October I", adjusted for interest from that date to reflect payment timing. This
modification method will determine the annual normal cost based on the present value of future
normal costs spread as a level percent of pay. The present value of future normal cost will be
based on the present value of all benefits less present value future employee contribution less the
greater of the actuarial accrued liability or actuarial asset value. However, under no
circumstances will the total cost be determined to be less than zero.
Amortization Resolution
As of October 1, 1997 any unfimded actuarial accrued liability in excess of the market
value of assets at that date shall be amortized over 30 years as a level dollar amount:
After October 1, 1997, the following amortization periods will be applied all as level
dollar amounts.
Sources of Change in Unfanded Liability Amortization Period
Benefit improvement for Active 30 years
Benefit improvement for retirees 15 years
Actuarial gain/loss 15 years
Chante in assumption 20 years
To the extent the actuarial accrued liability plus normal cost is less than the actuarial asset
value arc, all prior amortization bases arc
considered fully funded.
02- 539
Agreement Contingencies
This agreement is contingent upon: (1) ratification by the City Commission; (2)
ratification by union membership (AFSCME and CIGU) of this Memorandum of Understanding,
pursuant to the legal requirements for collective bargaining; (3) ratification by the CIGU union
membership of the October 1, 1997 - September 30, 2000, labor agreement and the AFSCME
union membership of the October 1, 1998 - September 30, 2001, labor agreement; (4) ratification
by the Board of Trustees of GESE; (5) approval by the State of Florida -Division of Retirement
as to the legal requirements for finding, and (6) modification of the Final Judgment in Gates v.
City of Miami by the Circuit Court to conform to the terms of this agreement after notice to the
class of retired employees and bearing.
AGREED to this 17th day of May, 1998, by and between the respective parties through
an authorized representative or representatives of the Associations and by the City Manager.
Charlie Cox, President
AFSCIvIE, Local 1907
Norman Charles, President
CIGU
Lewis Johns
# President
City Miami Retirees Association
off' uk
R. Sue W ler, Labor Relations Officer
City of ami
Donald H. Warshaw
City Manager
Com- 1,
Date
Date
Date
k_.�4 -%.-
Date
ac, r, Two
Date
U2,- 539
TO
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
of the City Commission
FROM . arlos A. ?'enez
City Manag
RECOMMENDATION
21
DATE: AKI J C FILE
SUBJECT: Resolution Ratifying Labor
Agreement Between City of
Miami and AFSCME 871
REFERENCES:
ENCLOSURES:
FISCAL IMPACT: None - Previously Budgeted
It is recommended that the City Commission authorize the City Manager to enter into a
collective bargaining agreement between the City of Miami and the Florida Public
Employees, Council 79, AFSCME, AFL-CIO, Local 871, for the period October 1, 2000
through September 30, 2001, per the attached Resolution.
BACKGROUND
On April 12, 2002, the City successfully concluded contract negotiations with the
AFSCME, Local 871, resulting in a one-year labor agreement for the period of October 1,
2000 through September 30, 2001. The labor agreement provides for a 2% across-the-
board increase on base salaries, excluding overtime, retroactive to October 1, 2000.
There are no other substantive changes to the one-year labor agreement.
Assuming implementation of the retroactive 2% across-the-board increase occurs the pay
period beginning April 28, 2002, the retroactive cost to the City will be $121,487,
excluding the fringe benefit load. The 2% across-the-board increase will raise the
average annual salary of the bargaining unit from $30,071 to $30,673. The 2% across-
the-board increase was previously budgeted for fiscal year 2000-2001 therefore, the City
will not incur any additional costs under this one-year labor agreement.
CAG/RS V/rsw
c: Marcelo Penha, Acting Director
Office of Management and Budget
02- 539
&WnionASolid Waste12001 Negotisions\AFSCME871-CAG-CComm-CoverMemo.doc