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HomeMy WebLinkAboutR-02-0540J-02-270 4/16/02 RESOLUTION NO. 02— 5 4,0 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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, AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, AFL-CIO, LOCAL 871, FOR THE PERIOD OF OCTOBER 1, 2001 THROUGH SEPTEMBER 30, 2004. 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, American Federation of State, County, and Municipal Employees, AFL-CIO, Local 871, for the period of October 1, 2001 through September 30, 2004. 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. CITY COMMSSION KEETING 0E MAY ® 0, 2002 02- 540 Section 2. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.21 PASSED AND ADOPTED this 9th ATTEST: PRISCILLA A. THOMPSON CITY CLERK L 1TDRO V I LARE ATTORNEY 6113 :BSS day of May 2002. 001* • A1.44az MVEL A. D17AZ, MAYOR AND CORRECTNESS:% a/ 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— 540 I AGREEMENT 2 BETWEEN 3 CITY OF AULAAHI MIAMI, FLORIDA 4 AND s FLORIDA PUBLIC EMPLOYEES COUNCIL 79, 7 AFSCME, AFL-CIO, LOCAL 871 9 October 1, 19972001 - September 30, 2000 2004 10 02— 540 1 Cary Propel Clean - Up LCVV71VI AGREEMENT This Agreement, entered into this day of 19—, between the City of Miami (hereinafter referred to as the "City) and the Gity Florida Public Employees Council 79. AFSCME. AFL- CIO. Local 871, (hereinafter referred to as the "Union'. 't1 City Union i'„_________ -74 02_. 540 City Proposal No Change 03/07/01 PREAMBLE 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: 02- 540 City Union Ciry Proposal Clean -Up 03/07/01 Article 1 RECOGNITION Section 1. The bargaining unit is as defined in the Certification issued by the Florida Public Employees Relations Commission on November 1. 2000, (Certification No. 44-74, Case No. RC 97 026 2000-032, EL -2000-037) which includes all the classifications listed in APPENDIX A of this Agreement and excludes all classifications listed in APPENDIX B of this Agreement. � l3 02 X40 Ciry ,-y`bv Union ,? 77 l City Proposal No Change 03/07/01 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 regarding 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. 4 02- 540 City Union r (o/%/O1 City Package Proposal #1 08/23/01 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 Representative or his/her designee. The identification of representatives shall be made by March 151h each year. The person or persons designated by the Union Pr-es•efft Representative or his/her designee, shall have full 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 that the Union representative or representatives are the official representatives of the bargaining unit for the purpose of negotiating with the City.. Negotiations entered into with persons other than those as defined herein, regardless of their position or association with the Union, shall be deemed nen unauthorized and shall have no weight or authority in committing or in any way obligating the Union or the City. 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 (34 four (4) 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 only for the straight -time hours they would otherwise o� 5 02- 540 City Package Proposal #i 08123101 have worked on their regular work schedule. For the purpose of computing overtime, time spent in negotiations shall not be considered as hours worked. Shift differential shall not be paid for time spent in negotiations. Section 3. The Union went Re -presentative 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 Pr-esieleat Representative 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. -d�a3/o/ 6 02- 540 City l&J Union a City of Miami/Union Proposal No Change 04/12/02 1 Article 4 2 MANAGEMENT RIGHTS 3 Section 1. The Union agrees that the City has and will continue to retain, 4 whether exercised or not, the sole right to operate and manage its affairs in all 5 respects; and the powers or authority which the City has not specifically abridged, 6 delegated or modified by the express provisions of this Agreement are retained by 7 the City. The rights of the City, through its management officials, shall include, but 8 shall not be limited to, the right to determine the organization of City Government; 9 to determine the purpose of each of its constituent departments; to exercise control 10 and discretion over the organization and efficiency of operations of the City; to set 11 standards for services to be offered to the public; to direct the employees of the City, 12 including the right to assign work and overtime; to hire, examine, classify, promote, 13 train or retrain, transfer, assign or reassign (daily or weekly), and schedule 14 employees in positions with the City; to suspend, demote, discharge, or take other 15 disciplinary action against employees for proper cause; to increase, reduce, change, 16 modify or alter the composition and size of the work force, including the right to 17 relieve employees from duties because of lack of work, funds, or a material change 18 in the duties or organization of a department; to determine the location, methods, 19 means, and personnel by which operations are to be conducted, including the right 20 to determine whether goods or services are to be provided or purchased: to establish, 21 modify, combine or abolish job classifications; to change or eliminate existing City 1 Union 4,70 02 "ity of Miami/ Union Proposal No Change 04/12/02 1 methods, equipment or facilities; and to establish, implement and maintain an 2 effective internal security program. 3 Section 2. The City has the sole authority to determine the purpose and 4 mission of the City, and to prepare and submit budgets to be adopted by the City 5 Commission. 6 Section 3. Those inherent managerial functions, prerogatives and policy - 7 making rights which the City has not expressly modified or restricted by a specific 8 provision of this Agreement are not in any way, directly or indirectly, subject to the 9 Grievance Procedure contained herein. we, 11 12 -8- 02- 540 city Union 4 City Proposal No Change 03/07/01 Article 5 NO STRIKE 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 stoppage, 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, its officers, and other representatives agree that it is their continuing obligation and responsibility to maintain compliance with this Article and the law, including their responsibility to abide by the provisions of this Article and the law by remaining at work during any interruption which may be initiated by others; and their responsibility, in event of breach of this Article or the law by other 02-. '4® cityunion City Proposal No Change 03/07/01 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. City c�Union / —� ! 0 / 0 2 —' 540 City Proposal 0810 101 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 certified 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. Section 3. Deductions of dues and uniform assessments, if any, shall be remitted by the City during the week following each biweekly pay period to a duly authorized representative as designated in writing by the Union. The Union shall remit to the City the sum of $2WA $250.00 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. If payment is not timely received the City shall suspend dues deductions until accounts are current. 'ZI City Union 02- 540 City Proposal 08102101 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 thirty (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 Unionj; (2) the termination of the authorizing employee, eF (3) the transfer, promotion, or demotion of the authorizing employee out of the bargaining unit, or (4) unit decertification occurs. 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 provided by the City shall be used by employees who wish to initiate dues deduction. 02- 540 C1cy L Union 12 City Package Proposal 08/15101 Article 7 GRIEVANCE PROCEDURE Section I. 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. The parties agree that the City can use this Grievance Procedure to enforce the terms of this Agreement. Section 2. A grievance shall refer to the specific provision or provisions; of this Agreement; that are alleged to have been violated. Any grievance not conforming to the provisions of this paragraph; shall be deffied refected and considered conclusively and irrevocably abandoned. Oral and written reprimands/warnings/deficiencies shall not be considered grievable under this Agreement 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 (-&) i -a on behalf of any employee without his/her consent,or (a4 to permit either the Union or an individual emplovee to process a grievance 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 O'V�sl--Oel 13 02— 540 City Union / li City Package Proposal 08115101 Regulations is only review able under the procedure currently set forth in Rule 16, Civil Service Rules and Regulations, and not under this Grievance Procedure. A request for review of complaints under Civil Service Rules 16.2 and 17 may only be made by employees with permanent status. Such reviews will be denied where the request does not cite the specific Civil Service Rule which is the basis of the complaint; where the issue is a matter subject to collective bargaining or where the request for review or investigation is received more than 30 days after the incident in Question or knowledge thereof. Section 4. It is further agreed by the Union that employees covered by this Agreement shall make an exclusive election of remedy p f4e,, to at Step Two of the Grievance or prior to 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. Any £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" in 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. procedure: Grievances shall be processed in accordance with the following 8� Q'14 City Union /,/ 02- 540 City Package Proposal 08/15101 Step 1. The aggrieved employee shall discuss the grievance with his immediate supervisor outside the bargaining unit within seven (7) 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 seven (7) five (5) working days. 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 seven (7) five (6) working days from the time the Step 1 response was issued 15 02_. 540 City Union f�� City Package Proposal 08115101 or due, (whichever occurs first). The Department Director shall meet with the Union representative and shall respond in writing to the Union within seven L7.) five (5) working days from receipt of the written grievance. Sten 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 '-eeeipt e f the gFieya"ee. the date of the hearing. Step 4. If the grievance has not been satisfactorily resolved within the Grievance Procedure, the . Union may request a review by an impartial arbitrator provided 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 16 City Union G/ 02- 540 City Package Proposal 08115101 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 an 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) or the Federal Mediation and Conciliation Service as agreed to by theap rties. Any issue of timeliness of the grievance will be addressed in a separate, arbitration to be held before the arbitration on the merits of the case. The parties agree that the arbitrator who decided the timeliness issue will not be selected to hear the case on the merits. 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 or the Federal Mediation and Conciliation Service as agreed to by theap rties. Subject to the following, the arbitrator shall have jurisdiction and authority to decide: a grievance as defined in this Agreement. All issues of arbitrability shall be decided by the arbitrator except as otherwise noted in this contract. 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 IP//�/�'/ 17 02- 540 City �=� Union l O� City Package Proposal 08/15101 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 arbitrator to supersede applicable laws in existence at the time of signing this Agreement. Section 10. The arbitrator may not issue declaratory or advisory opinions and shall confine 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 be submitted, 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. Should any individual employee bring a grievance under this Article he/she shall be required to Rost a bond of an estimated one-half of the expenses of the hearing with the arbitrator before the hearing may be scheduled. 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. .?/�s�y 18 02- 540 City UnionS"-/ City Proposal 06115101 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 draft budget to be presented Planning Budget Estimate, the Solid IN-a-st-e Budget pr-esentaties matepial to the City Commission, the Solid Waste Department final departmental budget, the -City -a€ Miami Budget and r-e;4sie$s 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 notices and estimates will be available for pickup by a Union representative at the City of Miami's Labor Relations Office. 02- 540 22 City City Package Proposal #1 08/23/01 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 Eaual Employment Opportunity Affir-matixe Aetie= 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: and in return f r the 3,009 heur-s fien eumulative time peel 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 be 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 3/cy zo 02-- 540 r';f„ XJ Union f4714 - o/ City Package Proposal #1 08123/01 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. The employee Union representative or his/her designee then shall forward a detailed explanation to the Department Director as to why the 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: (Authorized Leave) "Employee Doe on AL". F. Any injury received or any accident incurred by an employee whose time is being paid €ef by the Union Time Pool, or while engaged in activities paid—€er—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 02- 540 21 ('.itv Union City Package Proposal #1 08/23101 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: 1. The Union President representative, or a designee, will ,-ease,., bly be reasonablv available through the Union office currently located at 2 -3-A Street, Miami, Fier-ida 33147 99 N.W. 183 Street, Suite 224 Miami, Fl. 33169 or as may be otherwise advised in writing, 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 s/,/�`'� 22 02- 540 City Union /i/ ;17 City Package Proposal #1 08123/01 eligible-€eF have that time counted as hours worked for purposes of overtime or compensatory time. Section 3. All applicable laws, rules, regulations and/or orders shall apply to any person released under the terms of this article. Violations of the above- mentioned laves, rules, regulations and/or 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. 02- 540 23 City Proposal Clean-up 06115101 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, and it is understood that these special meetings shall not be used to renegotiate this Agreement. Special 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. 27 CitUnio/ �s 0 2— 540 City Proposal 06115/01 Article 11 LABOR/MANAGEMENT COMMITTEE Seetie$-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 12. The Departmental Labor/Management Committee shall meet at least every two (2) months enee a -~ , and such meetings shall be scheduled during normal business hours. The purpose of these meetings will be to discuss health and safety issues, 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_ Departmental Labor/Management Committee shall be by affirmative consensus and shall be forwarded as recommendations to the Department Director_. Section 23. The Departmental ,Labor/Management Committee meetings shall be conducted on an semiinformal basis with the selection of a chairperson to be determined by the members of the Committee. Length of participation of Committee members shall be determined by the Departmental Labor/Management Committee. The chairperson shall arrange for minutes to be taken of eaeh the meeting and for the distribution of copies to each member of the Committee, Union -J--''28 c City / Union "% 02— 0540 City Proposal #2 09/18/01 Article 12 VEHICULAR, ACCIDENTS Seetien 3. !-r h --A- Q- eper-atig—feetefaea ve er—in the eader-Sements in their- __ at - _ _ Y J peacoro-lncvoc C?NO r Citv ?-7 Union 02-y 540 City Proposal 06115/01 Business Manager and the employee Union representative, and the City's Labor Relations Officer, . The minutes will also be made available at the Office of Labor Relations for review. b��J11o/ 9 02- 540 City Union City Proposal #2 09118101 Seetien 6. —61 aeEj binding ea- all -par-ti -fift-a-1- d-eeision-r-esults in • _ -3-7-3 __- - - - -_-__- OR/0/ 1 ,8 02- 540 Ci;v Union City Proposal #2 09/18/01 MR— Section 1. All bar -gaining unit e7nto ees of the Solid Waste De 2artment o eratin Cit vehicles will be overned b the OTIL I ,nes below. 9/ie/o/ ,y 02-- 540 c1tti. Union City Proposal #i2 09/18!01 determined necessary by Management. Those -employees operatijw motorized vehicles in the Solid Waste Department shall have the required Florida Operator's License and/or endorsements in their possession at all times. Should the employee not have in his/her possession upon inquiry by the Department a valid license as required by this contract, he/she shall be disciplined up to and/or including dismissal. Section 3. Any employee whose aerator's license and/or endorsement(s) is revoked, suspended or restricted in any way by the State of Florida shall notify his /her supervisor immediately. Should the employee fail to notify the Department of a suspension, revocation or restriction in writing as required by this contract he/she shall be subiect to discipline up to and/or including dismissal. Section 4. Any employee whose license is revoked or suspended will be allowed to use vacation or leave without pay for up to two weeks to correct the suspension or revocation If the suspension or revocation is not corrected within that time the employee will be demoted to a non -driver classification if such a position is available: If no such position is available the employee will be terminated. 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 Emplovees who do not have a commercial driver's license and required endorsements shall not be eligible to work out of class in driver classifications. 02- 540 Cttti Union q City Proposal #2 09!18101 Section 5 All accidents involving a City vehicle will be reviewed by the Department Director or designee. Criteria for the accident review will be the frequency of accidents the reasons for the accident and the severity of the damage or loss. Section 6 Upon review of the accident and the property damage or loss by the Department Director or designee if the Director or his designee determines the employee who was operating the vehicle was at fault in the accident, that employee will receive one of the following disciplines at the discretion of the Director or designee: A. Verbal reprimand B. Written reprimand C. Loss of driving privileges D. Suspension E. Dismissal Section 7. Iri the event of a dispute concerning accident fault, the dis ute will be referred to arbitration for a finding offault. If fault is found, the discipline assessed by the Director will stand. Theap rties agree the issue of whether or not the employee was at fault for the accident is not reviewable at the Civil Service Board. Section 8 In recognition of the poliry to encourage safe driving those vehicle operators who are classified as Waste Collection Operator I and 11 and Waste 9/1P/0/ 31 02— 540 C_ 1 Cv Union City Proposal 03/07/01 Article 13 BULLETIN BOARD S 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 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 at Representative or his/her designee. In the event any material not comporting with this article nen Unien material is posted on the bulletin board, it shall be promptly removed by a representative of the Union or a representative of the City. Z)l 540lie 02- Union r';r.� Union � City Proposal #62 09118101 Equipment Operator and who are regularl.Y scheduled to operate Department equipment shall receive the face value of three hundred dollar ($300.00) in savings bonds for each annual period the driver is accident free Accident free means that Lor this annual period t h o om nl nvee has not been ruled to be at fault Any.pending rulings will delay receipt of any award until that case' has-been resolved The one (1) year annual period for measurement will commence each October 1 and payment will be made -the first full pay period following November 1st of the next fiscal year for the operators who are accident free, providing there is no pending determination of accident fault. Section 9 All--;-;ehiek gee ifia J--. jgag=e! Low ..hell have „gePt- Failure of an employee to obtain the new License and endorsements should they be required 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, if a position is available If no position is available the employee shall be placed on administrative leave without pay or allowed to use vacation uv to thirty days license or endorsement is cured 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 and required endorsements shall not be eligible to work out of class in driver classifications. 1�/VCS I - � 02- ^y 32 cid ) union City Package Proposal #1 No Change 03/07/01 Article 14 NO DISCRIMINATION Section 1. The City agrees to continue its policy of not discriminating against any employee 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. �01 34 02- 5 City Union, � ,4 540 0612&/01 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. 38 ��l/-// City _ Union 02- 540 City Package Proposat 08115101 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 1�es�i Representative 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 a a assisting in _'___'_f_eaticn of +h_ fees. 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 r^~ an unFeasenable " oEl er tifne if that Via. .ais Ftet eadily available and, the ...ter-,;ew shall„a beyond thirty (30) minutes. Section 2. Investigatory interviews shall be conducted at a reasonable hour, preferably 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. 8/l.-/ov 37 02- 540 City Union �/ City Package Proposal 08115/01 Section 5. In cases where it becomes necessary to immediately discharge or suspend a permanent, classified employee covered by this Agreement, the employee shall be relieved of duty with pay and he/she will be given five (5) days to schedule a meeting with the Department Director or his designee to show cause why he should not be suspended without pay pending the outcome of the investigation. 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 yr 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 disciplinary 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 Agreement. Rel-&ItWe4e bar -gaining unit empleyees, the Unie, me—bem, and agents aeknewledge that /,C 38 02— 540City Union, 11r.;,- l., i6y raCftc:6..: f 08115101 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 a 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. 39 City —�J _ Union �l�/ 02- 540 Wy 1 roposat 4;- 07111101 s07111101 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, b;at the Unien--dees net—aeeept in eeti n Q of this A. -bele. pursuant to that position the parties agree that: Section 2. Definitions: Instance – An absepce from work in diifatieii of ene–er more than one consecutive work days for reasons of non -job related illness or injury, or family illness not excused under FMLA /or any absence without leave not authorized at least one work day in advance of the absence. 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 provided the employee has submitted proper documentation. Management in its sole discretion may require a Doctor's statement from the employee verifying same. Failure to provide the Doctor's verification within 42 City Union r! 7i 0' 540 U&ty 07/11/01 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 3rd instance in annual period 4th instance in annual period 5th instance in annual period Discipline Written FepFifnan warning Written reprimand 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 Gky Managei- Department Director and the Labor Relations Officer, if, in their sole discretion, individual circumstances warrant such action. Any request for a review 7/,P/ O/43 City `c,� Union7/ 02— 540 07/11/01 of an instance must be filed with the Department Director within five (5) working days of the receipt of any related discipline by the employee Union 7///44 02- 540 Article 18 LOSS OF EMPLOYMENT Section 1. Employees shall lose their seniority and their employment shall be terminated for the following reasons: City / 1. Discharge if not reversed. 2. Resignation. 3. Abandonment of position. An employee absent for three (3) consecutive work days withoutep rsonal notification by that employee pe.-senally e&feaseft ac-eeptable to the City may will be considered as having resigned unless the employee has a legitimate acceptable reason for that absence and 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 lavoff. Unexcused failure to return to work after expiration of a formal leave of absence. 6. Retirement. 7. Lavoff for a continuous period of twenty-four (24) months. / 39 Union // D/ 02~ 540 City Proposal 07/11/01 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 determined 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 shall 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 46 Citv ��c l Union 02- 540 City of Miami/ Union Proposal 4/12/02 1 Article 20 2 WAGES 3 Section 1. The Union agrees with the City that there is a need to address 4 the operational methods of the Solid Waste Department, which may require a 5 reorganization of the Solid Waste Department. The reorganizational changes will 6 require implementation of manning and operational changes in order to increase 7 the efficiency of the department and reduce costs of the Solid Waste Department. 8 The Union, its officers, agents, and members pledge their support in the 9 implementation of any operational changes or reorganizational program developed. 10 In recognition of the Union and it's members' support of operational or 11 reorganizational changes the City may implement (including partial privatization), 12 the City agrees not to lay-off any bargaining unit employees pFier- to as a result of 13 the implementation of the automated collection system Asst 31,`'Go, and the 14 Union hereby waives all requirements of approval, and notice of such changes 15 including impact bargaining_ , exeept as indieatedbelew. Sheuld the City a, eide tO 16 , 17 000er-_ _ the -er- affeement, the Unien hereby 19 indieated belew. The -City fiar-ther- agrees that in the event an RFLP is iss-suied for, 1 - - - - - - _ - _ -- _ - _21 the Elate ef the issueeee of the RFLP and its. implementatien and, the RFLP -45- City a5 - City Union C:IMy DocumentSICONTRACTSUUscme 79 (Sanitation) 200112001 NegotiationlWo*M & Final AFSCME 79 ContractsWSCME 79. 'Nodang Transitional Language0l-04 doc 02- 540 CII.Y rroposuZ 07/11/01 will be given an opportunity to fill a position in the Solid Waste Department in accordance with the Civil 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 temporary 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. a� City (�^3✓ Union /7:7/I r:. 02-- 540 City of Miami / Union Proposal 4/12/02 2 3 befiefits 1. • the r•+< „ l + +^pfivatize4 a Selid Waste-Bepar-tmea 4 sus--ar--tit-elepreveFA t ef a baFgaif9fig unit ,.,.n,.l,,yee f eause ,. 7 Section 2. The G'+ +„ all aet . ,.lass:fi„a bar -gaining ;�;+ 8 9 eff-eetive eff-the first day ef the first fail pay peFied fellewiffg tl-;-P- date- kn-dieated- 10 oeteber-i, 1997 nor_ aer-ess the b ..a 12 oeteber•--i, 1999 2 tIffe 14,, ..a 13 Effective the first full gayep riod following the dates indicated below, 14 bargaining unit employees will receive an across-the-board wage increase, which 16 has been based on increases in the U.S. Consumer Price Index for All Wages 16 EarnersC( PI -W) from the third guarter of 1999 to the third guarter of 2000 for the 17 October 2001 and April 2002 wage increase and from the third quarter of 2000 to 18 the thirdug arter of 2001 for the October 2002 wage increase. As a means of 19 recapturing past wage increases which have been below the CPI -W a oneep rcent 20 190 increase has been added to the combined total increase for October 2001 and ,y� -46- City Union i C: Wy Documents!CONTRACTS�Alsame 79 (SandaWn)200112001 Ne90dadonlW0*V 6 Final AFSCME 79 Contracts�AFSCME 79. Working Tran&tronaiLanguageol-N.doc 02- 5 4 0 City o f Miami /Union Proposal 4/12/02 1 April 2002 and a one ep rcent 1% increase to the October 2002 w_ age increase. 2 Based on this formula the wage increases have been calculated as follows: 3 4 October 1 2001 2% 5 Aprill 2002 2.5% 6 October 1, 2002 2.6%Imus 1 % _ 3.6% 8 Effective the first full pay period following the , dates indicated below, 9 bargaining unit employees will receive an across-the-board wase increase as follows: 10 October 1 2003 2% 11 April 1 2004 2% 12 13 Section 3. Effective May 5, 1994, active bargaining unit members who 14 retire (excluding vesting) shall receive a retroactive salary increase of five percent 15 (5%) for the employee's last or highest one (1) year's salary upon retirement. 16 The five percent (5%) salary increase shall not be reflected in the hourly pay 17 rate for the purpose of calculating leave balance payoffs. The five percent (5%) 18 salary increase shall not be applicable to overtime. 19 Section 4. All changes in salary for reasons of promotion, demotion, merit 20 increase, anniversary increase, longevity increase or working out of classification 21 shall be effective the first day of the payroll period following the effective date of the City Union -47- C 'My DocumentsICONTRACTS1Afscme 79 (Sanitation) 200112001 NegctiatioM Watong d Final AFSCME 79 Contiacts�AFSCME 79 - Wonting Transitional Language0l-0a.doc 540 o�� City of Miami/ Union Proposal 4/12/02 1 change. Leaves of absences without pay or suspension of any duration shall delay 2 anniversary increases by the period of time involved. 3 Section 5. Employees shall become eligible for longevity increases based 4 upon their most recent date of hire into the classified service; provided, however, 5 that when the employee is not in a full pay status, it shall cause the effective date of 6 the increase to be deferred by the same number of calendar days embraced by said 7 period of time. This provision shall apply to employees who attain ten (10), fifteen 8 (15) or twenty (20) years of continuous classified service. Effective the first full may 9 period following ratification of the labor agreement two new longevity stens at 10 twenty-one (2,1) years of service and twenty-two years of service (22) at two and one - 11 half2'h%a ep rcent each shall be established. 12 Section 6. Any bargaining unit employee, upon normal retirement from 13 City service, or separating under honorable conditions, who has served for a period 14 of twenty-five (25) years or more, shall be granted, at the time of his/her normal 15 retirement or honorable separation one hundred seventy-three and three tenths 16 (173.3) hours of pay. -as- City Union C. My Documents'.CONTRACTSVJt ane 79 ($anitadQn) 200 i X2001 Negodabonffodting S Fina/AFSCME 79 Con&B=tAFSCME 79 - Wodwg Trans bawl Languageoi-N.doc 02- 540 4O City of Miami /Union proposal No Change 4/12/02 1 Article 21 2 OVERTIME/COMPENSATORY TDUJCALL-IN 3 Section 1. All authorized hours actually worked in excess of an employee's 4 forty (40) hour work week shall be considered overtime work. All paid leave time 5 except for actual hours worked shall not be credited as time worked for purposes of 6 determining overtime under this article. Where this Agreement provides that 7 employees involved in Union representation or labor-management activities are to 8 be paid for such time by the Time Pool or the City, such hours shall not be deemed 9 as hours worked in determining overtime eligibility. Such payments shall be at the 10 employee's straight time rate of pay, and shall only be applicable to authorized 11 activities that occur during the employee's forty (40) hour work week. 12 Section 2. Employees performing earned overtime work shall, at their 13 discretion, be paid time and one-half at their straight time hourly rate of pay or 14 shall be given compensatory time at the rate of time and one-half for such work. 15 This overtime rate shall be all inclusive and no additional compensation in the form 16 of hourly differential, etc., shall be paid. 17 Section 3. The maximum accumulation of compensatory time hours is two 18 hundred (200) hours. If an employee takes' compensatory time off, the hours in his 19 bank would be appropriately reduced by such time off. If an employee leaves the 20 service of the City and cashes in his bank, the hours therein shall be valuated on 21 the basis of the rate of pay earned by that employee during the last pay period of 22 the fiscal year in which the hours were banked. -49- City Union C:1My L'ocumenlslCONTRACTSIAiscme 79 (Sanitation) 2001!2001 Negoba6onlWortng 8 Final AFSCME 79 Con&9=tAFSCME 79. Working Transibm«n9uageol &. Mc 02— 540 City of inzan&&l va',v�►c:.�Sl No Change 4/12/02 1 Section 4. The parties agree that overtime hours shall not be used in the 2 computation of arriving at average earnings for purposes of establishing pension 3 benefits. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 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 disciplinary action as deemed appropriate by the Department Head. 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 (3) 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. -so- City Union C:WY OocumenLsICONTRACTSWiscme 79 (San4aCon) 2001 iy001 Negoti8WnlWwWg d Fnal AFSCWE 79 Contra=WFSCME 79. Woddng Transitional Language0l-04.doc 02- 540 City Package Proposa1#2 - - 09118101 Agreed City Revised Proposal 4/12/02 Article 22 VACATION SCHEDULING/CARRYOVER Section 1. Vacation Scheduling - (Moved to Section 2.) The DepaFtment pemennel;--by--elaseifieatien, whe-may take *-se-Atien I -ea e atene 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. the last ll a f t (Moved t0 Section 3.) V$e&�iei�--6��—be—tB�£'ei�—by--vazc—sscau—p^ccjr^v:z--p^eir8ex--yr errc ealendar- year- ia—w hieh thevaReatien was e -edited, Said Vacation Selection Procedure will be developed by Management (in -eens utatiea with the Tom- � a) and will include., but not be limited to, the following elements: A. Vacation selection by seniority in classification. i 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 be directed to select their vacation. Section 2. (From Section 1.) The Department Director shall establish a vacation schedule based on a payroll year and shall post it by January 1 City. Union C.Wy O=mentsICONTRACTSWI me 79 (Sanitation)20012001 NegoVabwIWbdwg d F#W AFSCME 79 Conua=i4FSCME 79 . Working Transitional Lenguageol-N.dx 02- 540 City Package Propusa[s2 09118101 Agreed City Reuised Proposal 4112102 of the pr-eeeding current year. The schedule shall establish the number of personnel, by classification, who may take vacation leave at any one time. By the last payroll period of each calendar year, each employee shall be granted a vacation period subject to ' the provisions of this Article. (Moved From Below) 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. (See A above) V4eatientime- per-ieds- shall -be-granted-en-'the basis Af the . 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. 1 pleyee a^ e so r"t--""'"'t withstanding any—ease-=er- time up 150 During the vacation year, employees may use additional vacation leave at the discretion of the Department Director. Section -2 3. (From Section 1.) Vacation shall be taken by the last payroll period of the calendar year in which the vacation was credited. Employees shall only be allowed to carryover 150 hours of the previous year's credited vacation. Any -52- City Union C:'My OocumenlslCONTAACTS+Afscme 79 (Sandauon) 200 i+20,0 t Nego#ahw tWorking 6 Final AFSCME 79 Ccn&amL4FSCME 79 - Working Transrbonal LanguageOI-N dX 02- 540 City Package Proposal#2 09118101 Agreed City Revised Proposal 4112102 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 &. 4. Effective January 1, 1999, all bargaining unit employees shall accrue vacation at the same rate. Vacation accrual shall be based on the current vacation 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-gf ed accrue an additional four (4) hours of vacation annually. Section 5. 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 ►�, > -53- City ,� —/ Union C. -My Oocumen[siCONTRACTSWIscme 79 (Sanrt3fim) 200 f ;2001 NWo0aWn;Working & F"mal AFSCME 79 CoMMOS�AFSCME 79 - Working Transitional Language0t-04.doc n 2t� Nr V rte"`� yl City Package Proposacoa 09/ 18/01 Agreed City Revised Proposal 4/12/02 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 and shall only be taken after the completion of six months of actual continuous service. Section &: 6. 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. Section 7. Effective January 2003 vacation accrual rates shall be increased by twelve 12 hours. City Union -54- C: My 0ocument5lC0N7R4CTSW=ne 79 !&vWbon) 200112001 Negobabmi Wofty A FNW AFSCME 79 Ccn&w W FSCME 79 • Wmmv Transitional Language0 f -04.doc 02- 540 City of Miami/ Union Proposal No Change 4/12/02 Article 23 SHIFT DIFFERENTIAL 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 must be within the hours. of 6:00 p.m. and 8:00 a.m. Section 2. Consistent with Section 1, night shift differential will only be paid for hours 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. City Union C:'My Documents!CONMACTSlAtscme 79 (Sanown) 200112001 NegoGaBonlWodwg A Foal AFSCME 79 Ccntracts'AFSCME 79 . Working Transitional LanguageOI-N.doc 02— 5 4 0 City & Union Proposal 4112/02 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, effective upon ratification of the labor agreement, be provided up to $58-99 $75.00 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 $58.80 75.00 for the purchase of another pair of safety shoes. This additional $58.09 75.00 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 equipment to the Department. This includes tote barrels, gloves, boots, foul weather gear, and protective eye glasses. -56- City r Union C'My DocumentslCONTRACTSiA)scme 79 (Sanitation) 2001'2001 NegodabonlWaking 6 Feat AFSCME 79 C-amactslAFSCME 79. Waking TranstronalLanguageoI-N.doc 02— 2` 540 City & Union Proposal 4/12/02 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 employee's 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 current 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. City Union C:1My oocuments!CONTRACTSAtscme 79 (Sanitawn) 20011200 t NegotfationlWorking & Final AFSCME 79 ContractsOFSCME 79 . Working Transitional Language0l-04. doc �, 4 0 02- ii City & Union Proposal 4/12/02 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 the employee shall be subject to disciplinary action up to and including termination. Uniforms and safety shoes furnished by the City will not be worn on a day when the employee is off duty. _ -ss- City Union C.'MY DOcu/nentslCONTR4CTSAlacme 79 (Sanitation) 200112001 NegotrabmiWMing d Final AFSCME 79 COntra=1AFSCME 79 • WMkOg Trensrticnal tanguageo 1-o4.doc 02- 540 City Proposal 04/12/02 Article 25 LINE OF DU TY INJUREES Section 1 Effective as soon as administratively feasible after ratification the parties agree the City will nay the state mandated workers' compensation indemnity payments to eligible bargaining unit members as a check separate from anv other salary to which a bargaining unit member may be entitled. The bargaining unit member agrees to sign this workers' compensation check back to the City. The City will also issue a second check to the employee that will consist of an amount equal to the workers' compensation payment and the supplementary salary as set out and subject to the limitations below. After those deductions with mandated preference under federal law, the City agrees to take deductions and/or credits from this second pavcheck in the following order: workers' compensation*, pension health insurance and any other deductions. The parties agree that this process is intended to provide the employee with these paychecks without interruption. Section 2 Should the bargaining unit member refuse to return the workers' compensation check to the City, the Citv shall cease making anv deductions for the emplovee from the second check for pension, health insurance, etc and the bargaining unit member shall then be completely responsible for making those payments on his/her own until the emplovee elects to particivate in the paycheck system described above in Section 1. • will be indicated on the check as a credit for the City and will be non-taxable. -59- City Union At= C: My OocumentslCONTF?ACT.TAfscme 79 (Sanrtatroa) 2001'2001 NegotiationlWorking d Farat AFSCME 79 ContractsiAFSCME 79 . Norkrng Transrtronal Languageol-04.0W 02- 540 City Proposal 04/12/02 Section 3 The City agrees that any employee covered under this labor agreement who is disabled as the result of an accident, injury or occupational disease incurred in the line of duty shall be eligible for a supplementary salary subject to the following conditions: Supplementary salary will be paid in the form of a continuation of the emi2lovee's regular paycheck of which a part thereof is workers' compensation pay. Pursuant to the above manner of payment the City will meet its obligations to the state and to the employee and the employee avoids creating a debt to the City for pension, health insurance or other deductions. If the City is unable to implement this program as set out above, the parties agree to meet to devise another system that will accomplish the same goals. Section 4 No supplementary salary will be paid to anyone injured while performing an act intended to iniure or hurt one's self or another. Supplementary salary shall only be granted for a period of one hundred and fifty (150) consecutive days from date of injury, however, said supplementary salary may be extended for an additional sixty (601 consecutive days for serious injuries upon approval of the City Manager or his/her designee. Section 5. All bargaining unit members shall be eligible for supplementary pay and workers' compensation pay to the extent that the total of such benefits shall not exceed seventy (70) percent of the emplovee's weekly Ray prior to the line of duty injury, accident, or occupational disease. This benefit shall take effect only City "—ecc.) Union C:'.nfy DocumentslCONTRACTSIAIscme 79 (Sanitancn) 200112CO t Nego6aooniWorkmg d Final AFSCME 79 Conaacts'AFSCME 79. Workng Transitional Language0l-04.MC 02- 540 City Proposal 04/12/02 after the employee has been disabled for a period in excess of seven (7) calendar days. Section 6. If an employee remains temporarily disabled beyond the period of time in which he is entitled to collect the 1001016/70% supplementary pay benefits he shall be entitled to supplementary pay equal to 2/3 "D" payments for the additional period of his temporary disability pursuant to current practices Section 7. If an employee becomes permanently and totally incapacitated for the further performance of the duties of his classified position he shall petition the retirement board for retirement The supplementary salary of the 2/3 "D" as described above. shall continue until the retirement is granted or denied Section 8. At any time during his absence from duty claimed to be the result of a line of dutv iniury while an employee is collecting City supplementary pav, the emplovee shall be required, upon the request of the City Manager, or his designee, to submit to a physical examination by a,. physician designated by the City Manager within fifteen days of the request If such employee without cause as determined by the CityManager, shall fail to submit to the examination at the time specified, all City supplementary salary benefits will be terminated. Section 9. When an employee on disability leave is judged by a City designated physician to have reached maximum medical improvement, then that employee shall have his seniority and anniversary datesadvanced one day for each _L ) -6I- City Union C IMy DocumenwCON7R4CTS1Afsane 79 (Saj7A3Wn)200 t 1200 t NegodaaonlWoddng & Finai AFSCME 79 CondacfsAFSCME 79 - Working rranwoonaf Language0t-04.doc 02- 540 City Proposal 04/12/02 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 assignment. Section 10. Nothing in this Article shall be construed as a waiver of the City's rights under applicable State law. �� - - - - �� �I�S1ls �T/LS.1 lel LS�l _IT >-LT��1�fll�s l�•fT SQL �-1 �il�iT i!L Ll t' C Juty J '.i .] Cer- by the QZ..-1-- +- n Agreement whe is injured ar,-ar-eeut-e€-a-wer-kplaee-(line eeide tf shall >,.. empleyee's -f f fie suppleineatewy- - 6'_' City 37ztj Union 4 C.'My DocumentsICONTRACTSINscme 79 (Sanitation) 200112001 NegotiationwWwg d Final AFSCME 79 Conttacts'AFSCME 79. Wwtng Transitional Language0l-0a doc 02- 540 4O City Proposal 04/12/02 T• en C i City _C t1... TT..,.. "'_ "' _ "ell 1.....il.......a the a:.... , _¢ c�a .L•^•ai-ov riicseaehea e i,th^ that vaeatien, ef the City's Fight& er emp}eyee±s-rights under- appkeable State-�a�-- _ -63- City Union C: my 0ocumentslCON7AACTSAfscme 79 (Sanitation) 200 f '200 t Negotia6DMWorking d FmI AFSCME 79 Contracts'AFSCME 79 • Working TransidonallanguageOI-NAoc 02- 540 City Pr0p03al#2 09/18/01 Article 26 WORKING OUT OF CLASSIFICATION Section 1. The Department Director, or his/her designee may direct an employee to serve in a higher classification than the one to which the employee is permanently assigned due to absence or vacancy. ,,,,, ant elassifieatie,. Whieh i—s I......: C. eaa.en assignments ..L..11 be Ma]_ fi-em a peel ..C..1:..:1.1.. s..s..Ie........�...... 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 be assigned, possess the federally required valid commercial drivers' license (CDL) and any required enhancements and have satisfactorily demonstrated acceptable work habits and job performance. a • � 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- ,exceot when the employee has reached a level of suspension pursuant to this contract for either vehicular accidents or 91�9/01 02- 540 City Proposal#2 09118101 absenteeism The ability to work out of class will be restored once the employee has been accident or instance free for six (6) months. 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: Waste Collector Operator I - 35 work days Waste Collector Operator II (Garbage) - 35 work days Waste Collector Operator II (Sweeper) - 35 work days Waste Equipment Operator - 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 fiscal 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 and not the Civil Service Board. r'.►v Fle Onion /Jpe^i !L 02- 540 City Proposal 4/12/02 Article 27 GROUP INSURANCE Section 1. =1 gees v- paT� nn �E ---- _es� �9—��9xi de— ie ;ivT� $15,000 .,rte ed fer—empleyees. The City agrees to pav $8.08 per eligible bargaining unit member per pay period to the union to provide life insurance coverage and accidental death and dismemberment coverage *&48&.4@&t6 within sixty (60) days or less after ratification upon termination of the existing life insurance contract. This policy must be made available to all bargaining unit members. 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 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 they do. not represent the retirees in determination of health care or life rates, contributions or benefits. biweekly eontr-ib Qtiens—tewar-d -single —empleyee-health ge�elading-dee te= -63- City Union C: JWy D=mentslCONTAACTS'Afscme 79 (Sanitawn) 200112001 Negotiatian1Wd&ng & Final AFSCME 79 Con&ac5!AFSCME 79 - Working 02— 540 Transitional tanguageo 1.04. doc City Proposal 4112102 Section 3. Effective the first full pay period following ratification of the labor agreement bargaining unit employees electing the City's HMO Medical/Vision health plan shall contribute $8.32 bi-weekly toward single health coverage and $46.49 bi-weekly toward family health coverage. Effective the first full pay period following the dates indicated below bargaining unit emplovees who elect the Citv's HMO Medical/Vision health plan shall contribute bi-weekly toward their health coverage as indicated. Single Coverage Family Coverage January 1, 2003: $8.32 bi-weekly $48.40 bi-weekl January 1. 2004: $8.32 bi-weekly $53.24 bi-weekly Effective the first full pay period following ratification of the labor agreement bargaining unit employees electing the City's HMO Medical/Vision/Dental health plan shall contribute $14.19 bi-weekly toward single health coverage and $61.09 bi- Nveekly toward family health coverage. Effective the first full pay period following ratification of the labor agreement, anv increases in dental premiums will be added to the emplovee premium payment, Emplovees retain the option to opt out of dental coves Effective July 1. 2002, bargaining unit emplovee's co -pays for health coverage shall be as specified below: City -64 Union IMS CorlmentstCONTRACTS'Al me 79 (San1taWn) 20012001 Negotianon;Worlang S Final AFSCME 79 Contracts'AFSCME 79 - worwg" 2 540 TransrWnal Language0l-N.dw City Proposarl 4/12/02 Pharmacy (Generic/Brand): $15/$15 Office Visit Copay: $20 Section 4. Effective thirty (30) days following ratification of the labor agreement the infertility rider will no longer be in effect. Section 4-5. 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 the full premium for single coverage and 30% of the full premium for family coverage. The parties agree to suspend the provisions of this Section until September 30, 2004. Section 6. Effective upon ratification of the labor agreement a labor/mana-gement committee will be established to explore the offering of a reduced benefit HMO plan with a reduced premium amount for emplovees. The labor/management committee shall be made up of five (5) City of Miami employees, two (2) members appointed by the Union, two (2) members appointed by the City Manager and one (1) picked by mutual agreement of the Union and the City Manager. City Union C-1My 0OxurnentstCONTRACTSIAtwne 79 (Sanitation) 2001 ZCO1 NegcWWnIWor*M 6 Final AFSCME 79 ConftMAFSCME 79. Waking Transoona/ Language0l -NAX 02-- 2`. C 4 0 Section 1. Section 2 City Proposal No Change 03/07/01 Article 28 HOLIDAYS The following days shall be considered holidays: New Year's Day Washington's Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Friday after Thanksgiving Christmas Day Dr. Martin Luther King, Jr.'s Birthday Any additional holidays declared by official resolution of the City Commission shall be added to the above list. Section 3. All full-time employees not on the Incentive Plan, performing work on any 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 holiday pay, for a total of twenty (20) hours compensation. ?��©f 59 City Union � %1�2ejlel Q 2 -" `5 4 City Proposal No Change 03/07/01 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 earned under ARTICLE 21- OVERTIME/COMPENSATORY TIME/CALL-IN shall not exceed two hundred (200) hours. 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. City 7�a/o/ ?4?1J 60 Union �t 7 7 3 02- 540 City Package Proposa1#1 No Change 08/23/01 Agreed City Proposal Revised- 4/12/02 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 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 the 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. Section 4. Effective January 1 2003 earned personal leave shall no longer be credited to bargaining unit members and shall cease as available leave time Note: earned personal leave incorporated into vacation leave) City Union C."'My Documents'CONTRACTSWhcme 79 (Sanitation) 2001 X2001 NegotiationiWadang & Final AFSCME 79 Connc3tAFSCME 79. WO king02— 540 Transrbanal Language0t-N.doc City & Union Proposal 4/12/02 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. Absences on account of trivial indisposition's must be discouraged. To determine the extent 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 malingering, sick leave with pay shall not be granted. Section 2. Effective the first month follow ina ratification of the labor agreement T.,,..uar-y 1, 1999, permanent bargaining unit employees may be allowed -I to accrue sick leave at the rate of ninetv-six (96) hours per year ewe-ei& j{$3 OIL twenty (129) hear -s per- menth. a 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 ninety (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 City-iz�jUnion 1 -68Vf - C:'my CocumentsicoNTAACTSIA cme 79 (Sanitatan) 2001'12001 NegotiationlWorking & Final AFSCME 79 ConawtslAFSCME 79 - Workm TransitionalLanguageol-N.Coc 2 - 540 City & Union Proposal 4/12/02 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 report to the Department of Human Resources 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 accumulated 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 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. , all full time b MA b > > eighty (80) hears per- Effective upon ratification of the labor, agreement. .Uu on normal service retirement, any employee hired on or after October 1, 1984, shall be paid for sick leave grovided the employee has accumulated all aeeumulated sick leave in excess of four hundred (400) hours Fie+ to ei.*eeed tetal .,,,,.••-..Mate ie - -69- City Union d�:� - C. My Oxuments1CONTRACTSWscme 79 (Sanitaooa) 2001.2001 Nego4abm1Working 6 Final AFSCME 79 ContracsAFSCME 79. Waking Trarmticnal Language0l-04.doc 02- 540 p0 City & Union Proposal 4/12/02 leave-ef-ene theusand1;080)hews—Siek leewe shag I e eashed eat 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% Bargaining unit employees shall not be paid for any accumulated sick leave in excess of one thousand (1,000) hours. 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 -7o- City Union C: INy oocuments'CONTAACTSAfsme 79 (Sanitation) 200112001 Nego IMIWorlang d Final AFSCME 79 COW&3=AFSCME n . Wo*mg 02— 540 Transomat Languageo i -N. doc City & Union Proposal 4/12/02 retirement. Sick leave conversion shall not occur upon an employee's separation or retirement from the City. Section 11. Employees of the bargaining unit shall be eligible for a sick leave cash bonus 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) dollars 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. City Union CAMY DocumentslCONTRACTSIAfscme 79 (Sanitation) 200112001 NegotiabonlWO&M & Final AFSCME 79 CwUa=L4FSCME 79 - Wo," 2 _ 5 4 0 Transitional Langua_W l-N.doc �r City Proposal THEPARTIESAGREE 2'v INCORPORATE THELANGUAGE Ol _HISARTICLE 07/03101 INTO ARTICLE 30 — SICKLEA VE Article 31 ILLNESS IN FAMILY 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 member of the employee's household. ��/ City Union 76 02- 540 City Package Proposal #1 08/3/01 Article 32 DEATH IN FAMILY 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 per occurrence 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 ten (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 Per-senne! Management nepai:t en Department of Human Resources. 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 ^rte sunoorting documentation, e.g. funeral home program, as deemed appropriate by the Office of Labor Relations. (?/63l°i 74 02- 540 City . Union Z " - 0/ nv (.nunge 03/07/01 Article 33 BLOOD DONORS Section 1. Employees who volunteer as blood donors to contribute to an on-site Citv 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. 68 Union r 02- 540 City Proposal 03/07/01 Article 34 JURY DUTY 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 paycheck €ems-dellar-s ($4a) a Jury Duty fee equal to that compensation paid to the employee by the Federal Court in his/her iurisdictionper day in the payroll period following the week in which the employee was on Jury Duty. 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 than 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. City�,� Union 69 6171,01 /,� / n A .- 540 �. • •J � � VrvotJf 03/07/01 Article 35 FAMILY 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 Medical 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 CityX , for a period not to exceed six (6) months. The request for leave without pay may be extended for an additional six (6) months upon the approval of the Department Director and approval of the City Manager or his/her designee. Any bargaining unit employee requesting said leave of absence shall be required to submit 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 -P/Vo /71 city )--Union -o 11->1WI 02- 540 City Proposal 03/07/0! Any changes by the Courts in the above fees shall be reflected in the employee's paycheck as they occur. City Union - 70 4171,01 02— 4, 0 City Package Proposal #1 08/3/01 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) ten (10�-ea4ea4ff work days. If the employee has not presented himself/herself ready for work in twenty fi"" (25) ten 10 eeleadar- work 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 an administrative investigation 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. Van/o/ 8 t 02- 540 City Union�V; r "7.3✓ 03107101 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 personal 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 during periods of leave without pay. 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 the 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. 7/3/0 n City AJ Union f 02- 540 City of Miami /Union Proposal No Change 4/12/02 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 timely 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. City -7�j Uniony -81- C: �My O=ments1CONTRACTSLQ9c me 79 (Sanitation) 2001'2001Yegotiation1Wodwg 6 Final AFSCME 79 Contracts1AFSCME 79. Working Trans tion! Languageo t -N. doc 0 City of Miami /Union Proposal No Change 4/12/02 The following starting times will apply hence forth. 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. 'Dash Roll Call ----------------------------------------------7:00 a.m. Street Cleaning 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) five (5) 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. City -82- Union C: ,My Oocu SCO NMAC7 S51A some 79 ($an+fae9on)2W X2001 NegolrabonlWo� ang S Final AFSCME 79 ConVaMAFSCME 79 . W�,y� _ -0-40 4 TianSM007alLa e0i-04doc '1 City Proposal 03107101 Corrected 08/31/01 Article 38 SUBSTANCE/ALCOHOL - 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: City A. To an emnlovee or prospective employee aAs a part of a scheduled physical examination. B. To the driver of Fellewin any City vehicle ul&F aeeid involved i*g a Gity .•„ hie ,.eew z in in an accident on -duty, involved in an accident while operating City -owned equipment, involved in an accident while on City premises, involved in an accident while working off-duty at an event or festival which is within the confines of the City of Miami, or traveling to and from said event. en an eff duty 'e`' r- `r—aye n, to a 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. _ sa Union 02- 540 Wky Proposal 03/07/01 Corrected 08131101 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. F As part of the CDL program as detailed by that current program's requirements. 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 under any of the above circumstances, a portion of the initial sample shall be retained for a second test within 24-heur-sshould either management or the employee request same. Testing procedures shall be unde performed at 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 not be the , my ev4d ,aee permitted as evidence in any arbitration or civil service 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 sample taken, the following procedures will apply: as City Union 02- 540 V N.y i �., •• :.rr r� 03107101 Corrected 08131101 A. The employee has twenty-four (24) hours after he or she or the Union is notified of a positive drug test to request a second test of the remainder of the original sample. Said right for the second test shall expire after twenty-four (24) hours. B Management %41 se eet a The second drug testieg will be performed at the same laboratory to -test on the remainder of the original sample. -PC. NADA rules and regulations with the exception of the levels provided for in this Agreement will apply to the tests conducted_ by the fiFst _A_Md seeend-laberater-ies. A41 seeend testing ealibr-ate and ' tee,z ..r....t:.....1 by the first lab ...:11 be fill e.. ed L.. lab . 9 D. 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 86 CitY Union 02- 540 03/07/01 Corrected 08/31/01 with the order, and may simultaneously file a protest with the communicator of the order. Refusal to submit to a request for an alcohol or drug test under this Article shall be grounds for dismissal. Disputes arising out of such orders that results in discipline shall be arbitrable under the Miele - - Grievance Procedure of this Agreement. Section 98. 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 leaewg learning of a-pese the test results. Section 49 9. 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 or discharged. Section 4410 . 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.,, r g the if the individual involved Bees net wants his test results released to the Union. d 3✓/0/ 87 n y City L:nion r ���''� 02- 540 0 city rroposai 03107/01 Corrected 08131101 REHABILITATION Section X3.11. 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 work if the program administrator approves; if not, the employee may be suspended until the program administrator approves the employee's return to work. shall net a -,.eedSiHe-RA-e--th-s. Employees shall not be permitted to work in drivers' positions until the program administrator feels—eer-t determines thereisme pssi that the employee has been rehabilitated is using 4r-ugsia ed a 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. 7 Za ss City Union 02-- 540 Guy t'roposal 03107/01 Corrected 08131 /01 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 terminated 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 sane drug/alcohol screenings by the City for a period of two (2) years from the date the employee returneds to work. The City will be 1-i- ;t„a to few () .-se-ee ls-mer-twely (`" Faenth pe Employees testing positive on an initial random test shall be entitled ea seeend tcest as ^„+l;- pd in 'Q 5 er this a,.t;e'„ will have a confirmatory test of the remainder of the original sample. 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 employment with the City. Employees who have been through at !ear, one (1) rehabilitation program, and :,•he at a late., date test positive at a later date to an initial substance screening shall be entitled to a -e---' test as „ut4ii- -d i- 2- 4.5 „r this ar-tiel a have a confirmatory test. Employees 89 Cizyp2az- Union 'A" - -." -'/-1 0 2 - 15' 4 0 (;zty Proposal 03/07/01 Corrected 08131101 whose confirmatory tests areosp itive or who 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., or who test positive for controlled substance or alcohol during or after the rehabilitation period shall have no appeal rights through Civil Service, the grievance procedure or any other forum. Section 44.12. 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 44.12. The testing laboratory shall be licensed by the State of Florida as a clinical laboratory specializing in the analysis of body fluids for drugs and alcohol. Section 4-a- 14.: 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 -W.15. The State of Florida Health ndRehabilitative Se * inspects such toxicology labs and the lab utilized must have a track record of having passed and continue to pass the Health and Reha ,ihtati*e e,.....;ees inspections as required by the State of Florida. c/3j/o/ 90 City Union 02- 540 City .Proposal 03/07/01 Corrected 08/31101 Section 44.16. Participation in the College of American Pathologists Proficiency Testing Program weiald-be is a desirable qualification of the testing laboratory. Said lab licensed directors should have experience in spectroscopy toxicology and drug analysis. Such experience should be supplemented by formal education and appropriate lab work for a minimum of 10 years. Section 48.17. All EBT's with an alcohol content level of 0.02 or greater shall be considered a positive test result and shall ^Fve as the .,eafi ...,. ter -y test 02- 540 City Proposal 03107/01 Corrected 08131 /01 INITIAL TESTS - URINE Section ".18. The initial testing shall use an immunoassay method which meets the requirements of the Food and Drug Administration for commercial distribution. Section 29.19. 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 300 Amphetamines 1000 Methaqualone 750 Designer Drugs Any new drug added to the list of controlled substances under Florida Statutes * To be determined by industry standards. 93 02- 540 Citv Union City Proposal 03/07101 Corrected 08131101 CONFIRMATORY TEST - URINE Section 24.20. All specimens identified as positive by the initial test shall be confirmed using gas chromatography: mass spectrometry (GCS/MS) techniques. GCS/MS confirmation procedures at the following cutoff concentration shall be used for the following drug: Confirmatory Test Level (nglml) Marijuana Metabolite" 20 Section x:21. For all other drugs Iisted 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 93 (-ilv Union 02-- 540 City Proposal 03/07/01 Corrected 08131101 These concentrations are subject to revision with changes in eenveat4en e 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 n drug/alcohol testing. Authorized 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 eepSiFfnation laboratory. ?�3•( 94 02- 540 city /S�� �/ C'RLOR / fy/� City Proposal 03/07/01 Corrected 08131101 95 02- 540 (`itv a Union Umpire's wj4j be ber-ne by the empleye take he U'Rien -41 behalf,__ten eff 95 02- 540 (`itv a Union City Proposal 03107101 - Corrected 08131101 Umpire,the -Umpire shall ti t•� a d the pt i, i� gr �, �e .: vc zevoaxce= Qix� oQxaici �:xar:-ccrc�`� -„Gao- -1-f Whey &Feanable te agree, eaeh party win put +:. e ren names intima hat andthe .. .......... i.7 L t L. until the TT..:.,, rules. TC the .......1........eves t1... test, ..:.1 ..b..t___,. the __....__..will .,.... t: n......_ ....t1:.....1 :.. th;s_A,.c:..le TF the Ti.....: r.. m1 es there was ne maseaa:ble behief te t est the empleyee, the test sample will be thfewa 1 r`;i„ ��✓ / C -pion :�''P L �s%C i 02- 540 City of Miami/ Union Proposal No Change 4/12/02 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 questions? being negotiated shall be submitted to binding arbitration. Union $2vo- C:1My OOCumenL41CONTRACTS141Wne 79 (Sanitation) 200112001 NegotiatrontWorkng d Final AFSCME 79 ContractsV FSCME 79 • Working Transitional Language0t-N.doc 02— 2— 5 4 City of Miami No Change 4112/02 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 this 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 - 101 City Union - C:'My DocumentsiCONTRACTS''AIscme 79 (Sanaahw) 2001'200 i NegodationlWoftV d Fatal AFSCME 79 Contracts�AFSCME 79. Working Transibonal Language0l -04. doc 02— 2_ `! 4 0 City of Miami No Change 4/12/02 other employee benefits not specifically provided for in this Collective Bargaining Agreement. io2 City Union C:IMy Dowments;CONTAACT5A/scme 79 (SandoWn) 200112001 NegobawnfforbV & Final AFSCME 79 ContractslAFSCME 79 - Working Transitional Language0l-N.doc 0 f2w - 540 0310 7/0 1 Article 41 PROVISIONS IN CONFLICT WITH LAW/NEW TECK OLOGY 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 parses herein was to enter into the Agreement without such invalid portion or portions. The parties agree that this Agreement takes precedence over anv conflicting Civil Service Rules. Section 2. Not withstanding anv other provisions of this Agreement, the employer may take all actions necessary to comply with the Americans with Disabilities Act. - 9! Union 4W, f' l G� 02- 540 City proposal #2 09/18101 Article 42 Educational wee Reimbursement Effective Oeteber-1, 1998, January L 2002, it is a eeg4etweea the paFtie there a iuitien the Educational : Rr-eimbursement Pprogram will be enhanced designed to encourage City employees to improve the job performance and increase career mobility with theiF vali the City by pursuing courses of study at Miami -Dade County educational institutions. The policy governing the tuitiell educational 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 tuitien educational reimbursement program shall not be subject to budgetary constraints. Any full-time, permanent City employee shall be eligible to participate in the Tuitie Educational Reimbursement Program. 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 Officer. 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 books, lab fees, and tuition costs eft tuitie eest up to a maximum of $69G:99 800 per semester, not to exceed two semesters per calendar year. E�eelv-s, ineidental fees, and ether-' ` ' eatir-se wer-k. will net be reimbursed by the Gity. 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: 9// xlo/ / 100 Cit•: t',tiort i i� 02- 0-40 City Proposal 4112102 Article 43 Pension Section 1. Effective upon ratification a Deferred Retirement Option Plan (DROP) is hereby created. The DROP of the Retirement System shall consist of a Forward DROP and Benefit Actuarially Calculated DROP (BACDROP). GENERAL PROVISIONS A. Eli¢ibility 1. Any bargaining unit member emplovee who has reached age fifty-five (55) with ten (10) years of creditable service, or who has attained a combination of age plus years of creditable service equal to seventy (70). shall be eligible to participate in the DROP. B. Election to participate Election to participate in DROP is irrevocable. Upon election of participation in the DROP, by using forms and procedures as prescribed by the Board of Trustees, a general employee's creditable service, early service or service retirement benefits, and compensation calculation shall be frozen and shall be based on the single highest year preceding participation in the DROP, as the basis of - to6 City % Union - C: iMy DocumentsiCONTRACTSW lsane 79 (Sanitatron) 2001'2001 NegotiationNodung d Final AFSCME 79 CcntraclstAFSCME 79 - Working Transitional Language0t-N-dx 02- 540 City Proposal #2 03118101 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 to 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 ttitien educational 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. and/or leave balance accounts. Upon completion of the course work, the employee must submit his semester grade report together with the book, lab and tuition fee receipts to his Department Director. The Department Director will submit the approved application for t-aiti&R educational reimbursement along with the employee's semester grade report to the Finance Department who shall then reimburse the employee for the City's share of the tuitieeducational reimbursement. The employee's Department Director will advise the Human Resources Department of the employee's satisfactory completion of the course. 101 Cc: Y 02- 540 City Proposal 4112102 calculating the DROP payment Upon commencement of participation in the DROP, the emplovee contribution and the Citv contribution to the Retirement System for that employee shall cease as the employee will be earning no further service credit. The employee shall not acquire additional pension credit for the purposes of the pension Wan but may continue City employment for up to a maximum of thirty-six (36) months. DROP participants will be credited with the GESE Retirement Trust cost of living adjustment (COLA) while they participate in C.— Maximum participation 1 The maximum period of participation in the DROP is thirtv-six (36) months. Once the maximum participation has been achieved, the bargaining unit member _must terminate emRloyment. D. Creation of individual account 1 For each person electing participation in the DROP. an individual account shall be created as of the date DROP participation commences. -- 107 City Union64vo-' C: Wy DocumentslCONTRACTS�Atscme 79 (Sanitation) 2001'200 t NegodadonlWodmg d Finat AFSCME 79 Contracts'AFSCME 79 - Workmg Transidonat LanguageO I -N. doc 02- 540 City Proposal 4/12/02 E. Earnings on DROP account 1 The Board of Trustees of the Retirement System shall establish by administrative rule, .a series of investment vehicles that may be chosen by particimnts in the DROP. Any losses incurred on account of the option selected by the participant shall not be made up by the City of Miami or the GESE trust fund, but any such loss shall be borne by the participant only. Upon participation in the DROP, the member shall make a selection of the earnings program on forms provided by the board. A member may adiust his/her asset allocation periodically as determined by the Board. All earnings shall be credited to the employee's DROP account. F. Distribution of DROP benefits 1 Upon conclusion of a period of participation in the DROP not to exceed the maximum set forth in section C, the member shall terminate em]poyment Upon termination of employment a member may receive payment from the DROP account in the following manner: a Lump sum distribution: -108 City Union C:Wy DocumentstCONTRACTSW Iscme 79 (Sanitation) 2001,2001 NegoeabwjV1erking 6 Final AFSCME 79 Contm=IAFSCME n - Workin Transitional LanguageO I -N.Ooc 11 Q City Proposal 4/12102 b. Periodic payments; C. An annuity: d Rollover of the balance to another qualified retirement plan, IRA or Internal Revenue Code Section 457 Plan. 2. A member may defer payment until the latest date authorized by Section 401(a)(9) of the Internal Revenue Code. G. Disability or Death during DROP varticiyation 1. Disabilitv - A DROP participant shall not be entitled to receive an ordinary or service disability retirement. 2. Death - In the case of the death of a DROP participant, there shall be no accidental death benefit for pension purposes. This article shall not affect any other death or disability benefits provided to a general employee under federal law, state law. Citv ordinance. or this Agreement. H. COLA participation 1. Eligibility for cost of living adjustment (COLA) shall commence when a member has reached the first f-109 City Union 00�- C: My DocumentslCONTRAM Afscme 79 (Sandation)2001'2001 NegotianonPNorkM 6 Final AFSCME 79 ContraasW FSCME 79 - WoftV Transitional Language0l-04.doc 02— 540 City Proposal 4/12/02 anniversary of his/her retirement. When that occurs the COLA shall be paid into the members DROP account in monthly installments for the FORWARD DROP until a member has actually separated from employment with the City and in lump sum to the member's DROP account for the BACDROP participant upon separation from employment. For the purpose of complving with Section H(2)(g) of the Second Amended Final Judgment in Gates, the emplovee's "Date of Retirement" shall be for the FORWARD DROP the date the employee enters the DROP and for the BACDROP the date to which the employee drops back.. Anv em-plovee who enters into a DROP agreement shall be bound by the terms and conditions of that said agreement. FORWARD DROP A The date of entry into the FORWARD DROP shall be the beginning of a pay period Payment shall be made by the retirement system into the employee's DROP account in an amount equal to the regular monthly retirement benefit which iio City Union —A C:IMy DocumentslCONTRACTS;Alscme 79 (Sanitation) 2001;2001 NegobanonlWodung & Final AFSCME 79 ContractsWFSCME 79. Workin�} Tran&WnalLanguage0l-04 dw 0 � 5 4 0 City Proposal 4/12/02 the member would have received had the member separated from service and commenced the receipt of benefits from the system. The amount of the monthly benefit shall be determined based on the creditable service, average final compensation and retirement option selected in accordance with Section 40-255 of the Miami Citv Code. Upon conclusion of a period of participation in the DROP not to exceed the maximum set forth in Section 53.1 C. the member shall terminate employment with the City of Miami. B Election of a FORWARD Drop Program precludes participation in a BACDROP Program. BACDROP A. Eligibilitv: Effective upon ratification of the labor agreement an employee may elect to BACDROP to a date no further back than the date of their retirement elisdbilitv date. The BACDROP period must be in twelve (12) month increments. beginning at the start of a pay period. not to exceed thirty-six (36) months. Participation in the BACDROP does not preclude participation in the FORWARD Drop pro r: am. B The benefits for purpose of the BACDROP will then be actuarially calculated to be the equivalent to the benefit - tt� City Union - C:'My DocumentSICGNTRACTS1Afscme 79 (Sandawn) 20011200! NegotiationiWor mg d Final AFSCME 79 Contracts�AFSCME 79. Working TransibonalLanguage0l-0r.doc 02- 540 City Proposal 4112102 earned at the date of retirement. Said calculation will consist of the present value of benefits being equal to the actuarially reduced benefit, plus a lump sum with interest, as determined by the Pension Board's actuary. Employee contributions will not be returned for the period of time covered by the BACDROP Program. C. Lump Sum. The lump sum as calculated by the Board's actuary will be based on the assumed investment return of the fund without discount for mortalitv and deposited into the newly created DROP account along with the COLA payments. BUY BACK Effective upon ratification of this Agreement, and the legislation enacting this provision bar�,aining unit employees who worked as Standby Laborers prior to June 1 1992 will be allowed to buv-back prior continuous service as a non-member if the emRlovee was in a paid status at least forty hours a week, as verifiable b� City records. Those bargaining unit members who worked as Standby Laborer after June 1 1992 will only be eligible to buy back service time if City records verifv full fort hour week employment. �-- 11 City Union C: My DocumentslCONTRACTSAtscme 79 (Sanitation) 200112001 NegofiaticnlWortung 6 Final AFSCME 79 ConfractsW FSCME 79 • Working Transitional ! anguage0l-Oa doc 02— 2_. 5 4 City Proposal 4/12/02 Standby Laborers who worked less than 2080 hours annually accordin t0 Cit records will be eligible for buy-back for each full forty hour week in that yearly period. The Pension Board Administrator will calculate the appropriate amount of eligible time in accordance with Board policy and procedures. The buy back of service, as specified above. shall be in accordance with City Code Section 40-254 (2) and administrative rules of the GESE Pension Trust. Gr -e p T TT,:,,T. ("91916M, i44- the -City of X1 %y") shall -ent„T. inte t�.: � i«nS�T �7T1-�T-��� Li�T �es�l� � <s�Li7�-L�li Tl -.TT �lT1TT•(��-.-)i-i• - - • • _ '�l ) - 113 City J Union % - C :My Documents!CONTRACTSIAtsane 79 (Sanitation) 2001'2001 NegotiationlWoMM & Final AFSCME 79 ContractsAFSCME 79. Wo"Ongo 2 540 _ TranuponalLanguageo1-04.doc /`' City Proposal 4/12/02 uiiv.*sazrvc-egcseitv v -pc^ -r eent a -th-e- -effi-ber-2.9 aveff.—Ag by eams of er-editab4e--seFviee, w-I:Aeh —Ame shallbent��- yeas of er-e ble;;Imie rt e paid yearly f the membe ' „agfinal -j��j- 114 City Union C: My DocumentsiCONTRACTSAtscme 79 (Sanitation) 200120o r NegotiationiWorkmg 6 Final AFSCUE 79 Contracs'AFSCME 79 • Working Transitional Languageoi-04 doc 02— City of Miami / Union Proposal 4/12/02 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, 44W 2001, 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, 20092004. This Agreement becomes effective upon the ratification and approvals as set out in the Memorandum of Understanding, which is attached and incorporated herein as Appendix C. Unless an effective date is otherwise specified in this Agreement, changes to the labor agreement will be effective upon ratification of the Agreement. Section 2. On or before April 1, 2000 2004, 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, 2000 2004, the parties shall present each other with a list of proposals it desires to negotiate, together with the specific language describing its proposals. - toa City�akj_ Union C:Ihfy DocumentslCONTRACTSIAIscme 79 !Sandation) 2001,2001 Negohatlonl ft*og d Final AFSCME 79 Contracts AFSCME 79 . Wottng Trarwficna/Language0l-N.Wc 02- 540 City of Miami/ Union Proposal 4/12/02 Section 4. Initial discussions shall thereafter, and no later than June 1, 2OW 2004, be entered into by the City and the Union. AGREED to this day of , 44" 2002 and between the respective parties through an authorized representative or representatives, of the Union and by the City Manager. AFSCME. Local 871 ATTEST: ON THE PART OF THE CITY OF MIAMI, MIA klI, FLORIDA City Manager CITY CLERK APPROVED AS TO FORM AND CORRECTNESS CITY ATTORNEY I05 Cityl�'-�J- Union C: IMy Documents1CONTRACTSIAIsane 79 (Sanitation) 200 t'200 ► NegotiattonlWorking & Fnal AFSCME 79 ContractsAFSCME 79. Wodung �qq TransitionalLanguageOI-N C 02 —' 5 `# 0 APPENDIX A CLASS CODE NUMBER CLASS TITLE 3448 Sanitation Shop Maintenance Worker 3017 Waste Collector/Garbage 3020 Waste Collector/Trash 3108 Waste Collector Operator I 3109 Waste Collector Operator II 3110 Waste Equipment Operator 98 Crryc' Ris`.J C'nion , 6117 1 City Proposal No Change 03/07/01 SALARY RANGE NUMBER 21D 19D 19D 20D 21D 22D 02- 540 CLASS CODE NUMBER 7032 3022 7035 7031 3026 3025 APPENDIX B CLASS TITLE Chief Sanitation Inspector Sanitation Supervisor Sanitation Inspector Sanitation Inspector II Waste Collection Superintendent Assistant Waste Collection Superintendent City t'roposal No Change 03107101 99 61P101 VBG -~ 540 CiryUnion ApptLiuix IEMORANDUM OF UNDERSTA SING AMENDMENT TO GATES SETTLEMENT n�r�JOl11r DELETE 10/10/01 It is hereby agreed that the American Federation of State, Countyand unicipal Employees ("A.FSCME'), Local 1907, the City Independent Group Union ("C U'), and the City of Miami ("City') shall enter into this Memorandum of funding section of the Gates Settlement; to modify the cost -of -living redefine the funding mechanisms, the asset valuation methods; to multiplier, and to resolve amortization issues by retirement of the payments effective from Fiscal Year 1998-99 actuarial Employees' and Sanitation Employees' Trust ("GESE'D. PENSION MODIFICATIONS: Modification in Gates v. City of Miami to modify the ("COLA'; to the pension benefit Settlement Schedule B report of the General The AFSCME, CIGU, City of Miami Re)Irees Association, and the City will endorse and present to the Circuit Court a jointmotion fo modification of Final Judgment in Gates V. City of Miami. Retirement Benefit Multiplier (S a 40-255 (a) (3); (b) (2) b, (b) (3) (c) (1); (d) 2; (e) (2) b) A member exercising under Section 40-25 1998, shall be entitled average final retirement, rule of 70 retirement, early service retirement as c) (1), or vested right to retirement, on or after October 1, ive a retirement allowance equal to 3 percent of the member's multiplied by years of creditable service, which amount shall be paid yearly in monthly tallments. Upon retirement on or after October 1, 1998, for ordinary disability, a m ber shall commence receipt immediately a retirement allowance equal to 3 percent of X 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 �ity. j -76- 002-540 retirement allowance er- eeds 30 percent of the member's ave a final a retirement allowance equal to multiplied by the number of the member's service to continue until the of 90 percent of the member's would be creditable it of the member's providiawd further that the resulting retirement allowance does 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 suppl ent specified in Section 40-255 (a) (4) c.2 of the City of Miami Code shall cease to be COLA Benefit (Section 40-256) Effective October 1, 1998 there sh;l be a minimum COLA benefit of $54.00 per year and a maximum COLA benefit increAse of 5400.00 per year, provided the retiree's first anniversary of retirement has been hed. The COLA percentage will be increased to 4% of total benefits and the cumulativ COLA benefit on a quarterly basis will be eliminated. The COLA benefit will be paid onX monthly basis. Asset Valuation Method The actuarial me odology for evaluating assets shall be changed to moving market value averaged over three vl6an, beginning September 30, 1997. (As of October 1, 1997, market value shall be used; as o;/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 asse/ value starting with the market value as of October 1, 1997 will be projected forward at t& 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 -77- U 2 4 0 projected actuarial and rr. ;et asset value is deferred to each `,the next two Ylars as future adjustments to the actuarial asset value. The result cannot be greater than 13M of market value or less than 80% of market value. Cost Method The modified aggregate entry age..normal cost metod will be applied for cbsts as of October 1, 1998, and each October V thereafte/baseddemographic and asset data as of the previous October 1', adjusted for interest frote to reflect payment timing. This modification method will determine the annualt based on the present value of future normal costs spread as a level percent of pad/. The present value of future normal cost will be based on the present value of all benefits)ress present value future employee contribution less the greater of the actuarial accrued circumstances will the total cost Amortization Resolution or actuarial asset value. However, under no to be less than zero. As o: October 1, 191 any unfunded actuarial accrued liability in excess of the market value of assets at that date1hall be amortized over 30 years as a level dollar amount. After October I/ 1997, the following amortization periods will be applied all as level dollar amounts. Sources of Chans(e in unfunded Liability Amortization Period Benefit improvekient for Active 30 years Benefit im rov meat for retirees 15 years Actuarial oss 15 years Change in as umotion 20 years To the extent the actuarial accrued liability plus normal cost is less than the actuarial asset value ' , all prior amortization bases are considered ful! funde 02— 540 g r-,- 0 -78- Agreement Continge­ 'ies _ This agreement is contingent upon: (1) ratificatio/kion mmission; (2) ratification by union membership (AFSCME and CIGU) of thinderstanding, pursuant to the legal requirements for collective bargaining; (e CIGU union membership of the October 1, 1997 - September 30, 2000, lathe AFSCME union membership of the October 1, 1998 - September 30, by the Board of Trustees of GESE; (5) approval by the as to the legal requirements for funning; and (6) m 1, labor agreement; (4) ratification of Florida -Division of Retirement ion of the Final Judgment in ` v. City of Miami by the Circuit Court to conform Ythe terms of this agreement after notice to the class of retired employees and hearing. AGREED to this 17th day of May, an authorized representative or Charlie Cox, President AFSCME, Local.1907 (:\ Y -J% J %-­� Norman Charles, Presi CIGU Lewis John City Miami R. Suejjller, l City of Naami Donald H. Warshaw City Manager Relations Officer by and between the respective parties through of the Associations and by the City Manager. .79 - C ct- t e*? Date 11 16t—. 4 1 CS i g g Date Date Date Date 02— 540 CITY OF MIAMI, FLORIDA 22 INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and DATE: APR 219 2-D02 FILE: Members of the City Commission RECOMMENDATION SUBJECT: Resolution Ratifying Labor Agreement between City of Miami and AFSCME 871 REFERENCES: ENCLOSURES: FISCAL IMPACT: FY 2002 $72,965 FISCAL IMPACT: FY 2003 $427,988 FISCAL IMPACT: FY 2004 $634,084 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, AFSCME, Local 871 (AFSCME 871) for the period October 1, 2001 through September 30, 2004. BACKGROUND In May of 2001, the City and the AFSCME 871 began negotiations for a new labor agreement to replace the one expiring on September 30, 2001. On April 12, 2002 the City and the AFSCME 871 reached agreement on a successor labor agreement for the period of October 1, 2001 through September 30, 2004. Changes to the three-year labor agreement provide for the following: Across the Board Increases: October 1, 2001: April 1, 2002: October 1, 2002: October 1, 2003: April 1, 2004: 2% (retroactive) 2.5% (retroactive) 3.6% 2% 2% SAUnions\.Solid Waste\2001 Negotiations\AFSCME871-CAG-MayorCComm-CoverMemo.doc 02- 540 Longevity Increases: 21 Years of Service: 2 %2% (new longevity step) 22 Years of Service: 2 '/2% (new longevity step) Safely Shoes: Increased from $58 to $75 annually Tuition Reimbursement: Increased from $600 to $1600 annually Group Insurance: City to contribute $8.08 per employee per pay period to AFSCME 871 to purchase life and accidental death and dismemberment coverage upon termination of existing obligation with current provider, resulting in a savings to the City. Employee health premium rates for single coverage will not increase over the term of the agreement while health premium rates for family coverage will match the general employees family health premium rates for January 2003 and January 2004. Employee co -pays will increase resulting in a savings to the City. Sick Leave: Increased monthly accrual from 6.67 hours to 8 hours resulting in all employees receiving the same sick leave accrual. Pension: Allow for the buy back of up to four years of Standby Laborer service time upon City record verification of hours worked. The City and the AFSCME 871 also agreed to modify the method of providing supplementary pay to employees injured in the line of duty thus reducing administrative costs to the City, creating a 36 month DROP program, and language changes to other areas of the labor agreement providing the City greater flexibility to manage. A cost summary of the changes to the AFSCME 871 labor agreement is attached for your review. CAG/RSW/rsw SAUnions\Sotid Waste\2001 Negotiations\AFSCME871-CAG-MayorCComm-CoverMemo.doc 02— 540 AFSCME, Local 871 - San._ation Employees (2001-2004) +03+041 2.0% October 1, 2001 2.5% April 1, 2002 3.6% October 1, 2002 2.0% October 1, 2003 2.0% April 1, 2004 (Partial Year) $ 121,846 $ 121,846 $ 121,846 $ 79,831 $ 159,662 $ 159,662 $ 235,290 $ 235,290 $ 134,452 $ 67,226 2 1/2% @ 21 Years $ 6,831 $ 17,688 $ 25,654 2 1/2% @ 22 Years $ 3,704 $ 11,434 $ 19,400 TOTALS $ 192,980 $ 550,403 $ 758,948 SAFETY SHOES 2% BUDGETED RAISES $75 Annually ($17 increase) $ 3,434 $ 3,434 $ 3,434 TOTAL LESS BUDGETED RAISES $ 72,965 $ 427,988 $ 634,084 TUITION REIMBURSEMENT $1600 Annually ($1000 increase) $ 11000 $ 3,000 $ 3,000 GROUP INSURANCE Life Insurance - $8.08 per pay period per employee to Union $ (4,136) $ (17,921) $ (17,921) Increase in employee co -pays $ (19,530) $ (78,120) $ (78,120) Increase in emplovee premiums $ - $ (5,910) $ (14,975) Buy-back of Standby Laborer service $ - $100,000 $100,000 time (if all eligibles were to purchase time) TOTALS $ 192,980 $ 550,403 $ 758,948 2% BUDGETED RAISES $ (120,015) $ (122,415) $ (124,864 TOTAL LESS BUDGETED RAISES $ 72,965 $ 427,988 $ 634,084 LBR - 4/23/2002 02- 540